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HomeMy WebLinkAboutProvisional Adoption of Ordinance No. 1809, Amending Title 18, UDO, Site Plan Review.pdf Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Assistant Planning Director Tim McHarg, Planning Director SUBJECT: First Reading for Ordinance 1809 replacing Chapter 18.34, Site Plans, and amending Section 18.64.010 of Title 18, Unified Development Ordinance, Bozeman Municipal Code. MEETING DATE: June 27, 2011 AGENDA ITEM TYPE: Action Item RECOMMENDATION: Conduct a public hearing on Ordinance 1809, and having considered public testimony, the materials presented in the packet, and the review criteria for adoption of a zoning ordinance, provisionally adopt Ordinance 1809. RECOMMENDED MOTION: “Having heard and considered public testimony, the materials presented in the packet, and the review criteria for adoption of an ordinance under the City’s zoning authority I find that the text of Ordinance 1809 is consistent with the criteria and move to provisionally adopt Ordinance 1809.” BACKGROUND: The City manages the development of land within the City boundaries through Title 18, Unified Development Ordinance. This Title includes zoning, subdivision, and other review authority. The City monitors its regulations through time to identify ways to improve. The majority of development in Bozeman is processed through a site plan or conditional use procedure. This ordinance modifies the chapter that addresses both of these review processes. The Zoning Commission recommended favorably on the draft ordinance after conducting a public hearing on June 7th. The process of developing text amendments is on-going. There have been some minor amendments for clarification since the Zoning Commission held its public hearing. Two versions of the ordinance are presented in this packet. The official version is titled and contains the introductory whereas clauses and the signature blocks. Since the ordinance wholly replaces Chapter 18.34 in Section 1 of the draft it is all new text and therefore shows no editing marks in Section 1. A working version of Section 1 is presented separately and contains editing marks. This is provided to help with understanding of the substantive changes being made in the official draft without cluttering the actual text. 169 The draft ordinance shows edits with underlines and strikeouts. Underlined text shows an addition to existing language. Struck through text indicates a deletion. The changes since the Zoning Commission public hearing are identified by having either a double strike through for deletions, or if an addition the text is presented in all-capitals. Should the Commission grant preliminary approval the historical editing will be removed and a simplified underline and single strikeout draft will be prepared for the final reading which shows the actions of the Commission on first reading. The edits are also emphasized with red text to make them more readily identified. Principal actions by this ordinance are: 1) Clean up common references so they are more consistent and do not create possible conflicts with other sections. An example of this is to use the term “review authority” rather than specify a certain party. The authority to conduct a review is established in 18.64. This also advances a larger cleanup project to simplify project review and approval which the Planning Board has been working on. The City Commission will be asked in the next few months to give additional guidance in this area. The present changes will not limit Commission policy discretion in that future discussion. 2) More clearly established provisions to support greater phasing of projects and better management of phased projects. 3) Consolidates several sections, especially relating to conditional uses, so that the text and conceptual structure flows more understandably. 4) Addresses sketch plan review and the applicability of sketch plan review for reuse/further development of sites which were originally developed prior to the ‘modern’ zoning standards which took effect in September 1991. 5) Allow for conditional use permits to be subject to the same modification provisions as a regular site plan. Currently, any expansion or change to a conditional use permit requires the review and approval of another conditional use permit. Experience has shown that most of the changes to conditional use permits are minor and pose no hazard that justifies the effort of a conditional use permit review. There are specific thresholds for site plans that limit how much of a change can occur before a full review is required. 6) Expand the provisions for extensions of final site plans. These changes are related to the phasing provisions and also provide an overall improvement to the code. 7) Allow the Planning Director to approve master site plans that do not include variances or deviations. This is to facilitate phasing of projects without adding additional procedural requirements. The City Commission currently approves all master site plans. UNRESOLVED ISSUES: None at this time. ALTERNATIVES: The City Commission could decline to approve the draft ordinance or could propose alternative text. FISCAL EFFECTS: This ordinance does not have a direct expense to the City. Attachments: Ordinance 1809, Editing marks version of Section 1, Staff report, Zoning Commission resolution and minutes. 170 Report compiled on: June 16, 2011 171 Page 1 of 20 ORDINANCE NO. 1809 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REVISING CHAPTER 18.34, SITE PLAN REVIEW, AND AMENDING SECTION 18.64.010, REVIEW AUTHORITY TO AUTHORIZE THE PLANNING DIRECTOR TO APPROVE MASTER SITE PLANS. WHEREAS, the City of Bozeman has adopted a Unified Development Ordinance which establishes standards and procedures for development under the City’s authority to zone established in Title 76, Chapter 2, Part 3, MCA; and WHEREAS, the proposed Unified Development Ordinance text amendment application has been properly submitted, and reviewed, and all necessary public notice was given for all public hearings; and WHEREAS, the Bozeman Zoning Commission held a public hearing on June 7, 2011 to receive and review all written and oral testimony on the request for a Unified Development Ordinance text amendment; and WHEREAS, no members of the public offered comment on the proposed ordinance; and 172 Page 2 of 20 WHEREAS, as shown in Zoning Commission Resolution Z-11021, the Bozeman Zoning Commission recommended to the Bozeman City Commission that the proposed Unified Development Ordinance text amendments be approved; and WHEREAS, after proper notice, the City Commission held a public hearing on June 27, 2011, to receive and review all written and oral testimony on the request for a text amendment to the Unified Development Ordinance; and WHEREAS, the City Commission reviewed and considered the relevant Unified Development Ordinance text amendment criteria established by Section 76-2-304, M.C.A., and found the proposed Unified Development Ordinance text amendment to be in compliance with the purposes of the title as locally adopted in Section 18.02.040, BMC, and that the amendments would yield a superior outcome for the community than the text as presently exists; and WHEREAS, at its public hearing, the City Commission found that the proposed Unified Development Ordinance text amendment would be in compliance with Bozeman’s adopted growth policy and applicable statutes and would be in the public interest. NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 That Chapter 18.34, Site Plan Review, of the Bozeman Municipal Code be deleted in its entirety and be wholly replaced with a new a new chapter to read as follows: CHAPTER 18.34 PLAN REVIEW 18.34.010 INTRODUCTION A. All non-subdivision development proposals within the City will be subject to plan review and approval except repair, maintenance, grading below the minimum defined limits of 173 Page 3 of 20 this title, and interior remodeling, or other items specifically exempted in this title. Depending on the complexity of development and status of proposed use in the applicable zoning district, either sketch plans, site plans, master site plans, or conditional use permits (referred to herein as a ‘plan’) will be required as specified in this chapter. Although work may be exempt from zoning review it may require review for other permits before construction may begin. B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to be submitted in conjunction with plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in §18.34.030, BMC. C. When a development is proposed within a neighborhood conservation or entryway corridor overlay district, or proposes signs which do not specifically conform to the requirements of this title, design review is required in conjunction with plan review per the authority in Section 18.62.010. In such cases, additional submittal requirements and review procedures apply as outlined in §18.78.090, BMC. D. Conditional Uses. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When such circumstances can be demonstrated by the applicant to exist, a conditional use permit may be granted by the review authority. Conditions may be applied to the issuance of the permit and periodic review may be required. No conditional use permit shall be granted for a use which is not specifically designated as a conditional use in this title. E. Approval shall be granted for a particular use and not for a particular person or firm. F. This chapter is provided to meet the purposes of §18.02.040, BMC and all other relevant portions of this title. G. Applications subject to this chapter shall be reviewed under the authority established by Chapter 18.64, BMC. 18.34.020 CLASSIFICATION OF PLANS A. All developments, as defined in Chapter 18.80, within the City shall be subject to plan review procedures and criteria of this title and the applicable submittal requirements of Chapter 18.78, BMC. For the purposes of this title, plans will be classified as either a site plan or a master site plan. 1. Exception. Those developments specified in Sections 18.34.070, BMC and other development proposals when so specifically identified require only sketch plan review. B. A master site plan is a generalized development plan that establishes building envelopes and overall entitlements for complex, large-scale projects that will require multiple years to reach completion. Use of a master site plan is not required unless necessary to address phasing of a proposed development (see Section 18.34.090.B.3) or if required as part of the residential emphasis mixed use district. A master site plan involves one or more of the following: 1. One hundred or more dwelling units in a multiple household structure or structures; 174 Page 4 of 20 2. Fifty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. Multiple buildings located on multiple contiguous lots and/or contiguous City blocks; 4. Multiple owners; 5. Development phasing projected to extend beyond two years; or 6. Parking for more than two-hundred vehicles. C. Any planned unit development shall be reviewed according to the regulations in Chapter 18.36, BMC, in addition to this chapter. D. Telecommunication facilities shall be reviewed according to the regulations in Chapter 18.54, BMC, in addition to this chapter. E. Uses identified in Chapter 18.40, BMC shall be reviewed according to the standards and regulations contained in Chapter 18.40, BMC, in addition to this chapter. 18.34.030 SPECIAL DEVELOPMENT PROPOSALS - ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA A. Application Requirements. Applications for special development proposals (e.g. PUD, CUP, flood plain development permits, variances, etc.) shall include: 1. The required information for site plans described in §18.78.080, BMC; 2. Any additional application information required for specific reviews as listed in the following chapters of this title: a. §18.36, Planned Unit Development; b. §18.40, Standards for Specific Uses; c. §18.54, Telecommunications; d. §18.58, Bozeman Floodplain Regulations; and e. §18.66, Appeals, Deviations and Variance Procedures; B. Review Procedures and Review Criteria. Additional review procedures and review criteria for specific development proposals are defined in the following chapters of this title: 1. §18.34.080, Certificate of Appropriateness; 2. §18.34.110, Conditional Use; 3. §18.36, Planned Unit Development; 4. §18.40, Standards for Specific Uses; 5. §18.54, Telecommunications; 6. §18.58, Bozeman Floodplain Regulations; and 7. §18.66, Appeals, Deviations and Variance Procedures. 18.34.040 REVIEW AUTHORITY A. The review authorities are established in Section 18.64.010, BMC and as may be specified elsewhere in this title. 175 Page 5 of 20 B. The Development Review Committee, Design Review Board, Administrative Design Review Staff, and Wetlands Review Board have the advisory authority established in Chapter 18.62, BMC. C. Plan Design Review Thresholds. When a development is subject to design review and meets one or more of the following thresholds the Design Review Board shall have responsibility for conducting the design review. 1. Twenty or more dwelling units in a multiple household structure or structures; 2. Thirty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. Twenty thousand or more square feet of exterior storage of materials or goods; or 4. Parking for more than ninety vehicles. 18.34.050 APPLICATION OF PLAN REVIEW PROCEDURES A. These procedures shall apply to all developments within the City unless explicitly exempted in this title. B. The preliminary site plan shall be submitted and approved, and final site plan approval received, prior to the issuance of any building permit. C. No occupancy permits shall be issued for any development for which site plan review is required until certification has been provided under Section 18.74.030 demonstrating that all terms and conditions of site plan approval have been complied with. D. Unless a deviation or variance is explicitly sought and granted in association with a site plan, all standards of this title apply whether explicitly mentioned in the record of the review or not. An omission or oversight of a nonconformity with the standards of this title in the site plan shall not constitute approval of such nonconformance. Any nonconformance which was not the subject of an explicitly approved deviation or variance may be required to be cured at such time the City becomes aware of the nonconforming condition’s existence. E. In the event that the volume of site development applications submitted for review exceeds the ability of the City to process them simultaneously, preference in order of scheduling will be given to those projects which provide the most affordable housing in excess of minimum requirements, as measured by the total number of affordable units. F. When a development subject to this chapter is located within an overlay district established by Chapters 18.28 or 18.30 a certificate of appropriateness is required in addition to other required review procedures. G. Public notice of development proposals and approvals subject to this chapter shall be provided as required by Chapter 18.76, BMC. H. Improvements depicted on an approved plan shall be installed subject to the requirements of Chapter 18.74, BMC. 18.34.060 SPECIAL TEMPORARY USE PERMIT A. Generally. Uses permitted subject to a special temporary use permit are those temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use, constructing a public facility or 176 Page 6 of 20 providing for response to an emergency. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. Uses permitted subject to a special temporary use permit may include: 1. Carnivals, circuses, special events of not over seventy-two consecutive hours; 2. Tent revival meetings; 3. Swap meets; or 4. Such other uses as the Planning Director may deem to be within the intent and purpose of this section. B. Application and Filing Fee. Application for a special temporary use permit may be made by a property owner or his authorized agent. A copy of the fees are available at the Planning Department. Such application shall be filed with the Planning Director who shall charge and collect a filing fee for each such application, as provided in Chapter 18.64, BMC. The Planning Director may also require any information deemed necessary to support the approval of a special temporary use permit, including site plans per this chapter. C. Decision. Approval or conditional approval shall be given only when in the judgment of the review authority such approval is within the intent and purposes of this chapter. D. Conditions. In approving such a permit, the approval shall be made subject to a time limit, not to exceed one year per approval, and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. Such conditions may include, but are not limited to, the following: 1. Regulation of parking; 2. Regulation of hours; 3. Regulation of noise; 4. Regulation of lights; 5. Requirement of financial security or other guarantees for cleanup or removal of structure or equipment; and/or 6. Such other conditions deemed necessary to carry out the intent and purpose of this section. 18.34.070 SKETCH PLAN REVIEW A. Sketch Plan Submittal Requirements. 1. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans which include the information specified in §18.78.110, BMC. 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal requires the issuance of a certificate of appropriateness (see §18.34.080 and §18.78.090, BMC). 3. Examples of independent projects which qualify for sketch plan review are: individual single-household including manufactured homes on individual lots, two-household, three-household, and four-household residential units, each on 177 Page 7 of 20 individual lots and independent of other site development; accessory dwelling units in the R-2, R-3 and R-4 districts; fences; signs in compliance with the requirements of this title; regulated activities in areas with regulated wetlands not in conjunction with a land development proposal; grading of sites disturbing more than one-eighth but less than one-half acre, or movement of more than 30 but less than 100 cubic yards of material, or cut or fill of less than one cumulative foot, whichever is less; special temporary uses; reuse, change in use, or further development of sites per Section 18.34.150; and accessory structures associated with these uses. Other similar projects may be determined by the Planning Director to require only sketch plan review. The Planning Director may determine submittal requirements in addition to those in Section 18.78.110. Projects which do not require sketch plan review may still require review and permitting for non- zoning issues. B. Sketch Plan Review Procedures. 1. No Certificate of Appropriateness Required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the Planning Department staff for a determination of compliance with the requirements of this title. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. In determining whether compliance is achieved the staff shall consider the individual circumstances of the site when the development is subject to Section 18.34.150. 2. Certificate of Appropriateness Required. Sketch plans, including the material required by §18.78.090, BMC, and such additional information as may be required for projects which require a certificate of appropriateness as per §18.34.080, BMC shall be submitted to the ADR staff, who shall review the proposal for compliance with this title, including compliance with the applicable overlay district requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all applicable requirements of this title including overlay district requirements and the cessation of any current violations of this title, exclusive of any legal nonconforming conditions. Plan changes may be required. 18.34.080 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL REVIEW PROCEDURES AND REVIEW CRITERIA A. Sign Proposals Which Do Not Specifically Conform to the Requirements of This Title. Independent sign proposals (i.e., not in conjunction with other development) which do not specifically conform to the requirements of this title, are required to submit full site plans. Additional site design information, in sufficient detail to demonstrate compliance with the Design Objective Plan, encompassing the property’s location shall be provided. B. Review Procedures and Criteria for Certificates of Appropriateness. 1. Certificates of appropriateness shall be issued according to procedures and criteria specified in Chapters 18.28, 18.30, 18.36 and 18.62, BMC in addition to this chapter. 178 Page 8 of 20 2. Sign proposals which specifically conform to the requirements of this title shall be reviewed according to procedures and criteria outlined in Chapter 18.52, BMC. 18.34.090 SITE PLAN REVIEW PROCEDURES A. Acceptability and Adequacy of Application. 1. The Planning Department shall review the application for acceptability within five working days to determine if the application is does not omit any of the submittal elements required by this title. If the application does not contain all of the required elements, the application, review fee and a written explanation of what the application is missing shall be returned to the property owner or their representative. The five working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the five day review period. 2. After the application is deemed to contain the required elements and to be acceptable, it shall be reviewed for adequacy. A determination of adequacy means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of this title and any other applicable regulations under the jurisdiction of the City of Bozeman. The review for adequacy shall be conducted by the appropriate agency with expertise in the subject matter. The adequacy review period shall begin on the next working day after the date that the Planning Department determines the application to contain all the required elements and shall be completed within not more than 15 working days. The 15 working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the property owner. Upon a determination of adequacy the review of the development will be scheduled. a. In the event the missing information is not received by the City within 15 working days of notification to the property owner of inadequacy, all application materials and one-half of the review fee shall be returned to the property owner or their representative. Subsequent resubmittal shall require payment of a review fee as if it were a new application. b. A determination that an application is adequate does not restrict the City from requesting additional information during the site plan review process. 3. Should the property owner choose not to provide the required information after an application has been found unacceptable, nor to accept return of the application and accompanying fee, the application may be processed by the City with the recognition by the property owner that unacceptability is an adequate basis for denial of the application regardless of other merit of the application. 4. The DRC may grant reasonable waivers from submittal of application materials required by these regulations where it is found that these regulations allow a waiver to be requested and granted. If in the opinion of the final approval authority the waived materials are necessary for proper review of the development, the materials shall be provided before review is completed. 179 Page 9 of 20 5. In order to be granted a waiver the applicant shall include with the submission of the preliminary site plan a written statement describing the requested waiver and the reasons upon which the request is based. The final approval body shall then consider each waiver at the time the preliminary site plan is reviewed. All waivers must be identified not later than initial submittal of the preliminary site plan stage of review. B. Site plans shall be reviewed by the review bodies established by Chapter 18.62, BMC and according to the procedures established by this title. After review of the applicable submittal materials required by Chapter 18.78, BMC, and upon recommendation by the appropriate advisory bodies, the review authority shall act to approve, approve with conditions or deny the application, subject to the appeal provisions of Chapter 18.66, BMC. The basis for the review authority’s action shall be whether the application, including any required conditions, complies with all the applicable standards and requirements of this title, including § 18.02.050, BMC. 1. Plan. The review authority shall provide an opportunity for the public to comment upon development proposals. The duration of the initial comment period shall be included in any notice required by Chapter 18.76, BMC. The comment period shall be from the date of the first consideration of the complete preliminary plan and supplementary materials by the DRC until 5:00 pm on the third working day after DRC and other review bodies as may be appropriate have taken action regarding the proposal. a. The review authority after receiving the recommendations of the, advisory bodies and considering any public comment shall act to approve, approve with conditions or deny an application within ten working days of the close of the public comment period. The decision shall be in writing and shall include any special conditions which are to be applied to the development. (1) After formal notice of a project review has been given, interested parties may request in writing to receive a copy of the decision regarding an application. Persons making such a request shall provide an addressed envelope for use in delivering their copy of the decision. 2. Plan with Deviations or Variances or Conditional Use Permits. The review authority shall provide an opportunity for the public to comment upon a proposed plan. The comment period shall be from the date of the first consideration of the complete preliminary plan and supplementary materials by the DRC until the decision is made.. a. The review authority, after receiving the recommendations of the, advisory bodies and considering any public comment shall act to approve, approve with conditions or deny an application. The decision shall be in writing and shall include any special conditions which are to be applied to the development. 3. Phasing. The entitlement period for which a final plan is valid is specified in Section 18.34.120, BMC. Preliminary single phase site plan applications will only 180 Page 10 of 20 be accepted for development that can occur under building permits issued within this final plan approval period. a. Any development that includes phases/buildings that would extend past the final plan approval period shall proceed under the master site plan application process with a first phase plan for those portions that can be constructed under the single phase final plan approval. The master site plan and first phase site plan may be reviewed concurrently as a single application. Each future project phase must submit a standalone site plan application following initial master site plan approval. b. Each phase of a plan must not include more buildings than will be constructed within a one year timeframe. These subsequent site plan applications may be expedited through the review process if they are consistent with the master site plan. Independent fees will be assessed for each required application. c. A preliminary site plan application may be received where it is unclear whether the buildings/units can be constructed under building permits issued within one year of final site plan approval. In this case the planning director may request proof of a construction financing commitment prior to accepting the application for review. Applications, where it is clear that the buildings/units cannot be constructed under building permits issued within one year of final site plan approval, will be deemed unacceptable for review and directed to proceed through a master site plan with first phase site plan process. 18.34.100 SITE PLAN AND MASTER SITE PLAN REVIEW CRITERIA A. In considering applications for plan approval under this title, the review authority and advisory bodies shall consider the following criteria. When considering the criteria for future phases of a master site plan, other than those for criteria 1-3, the evaluation shall be of a more generalized demonstration of compliance, recognizing that a subsequent site plan shall be submitted in the future which shall provide evidence of specific compliance. The level of detail submitted and review conducted shall be equal with the level of entitlement being sought with the application. See Chapter 18.78 for required submittal materials. 1. Conformance to and consistency with the City’s adopted growth policy. 2. Conformance to this title, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 4. Relationship of site plan elements to conditions both on and off the property, including: a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration; 181 Page 11 of 20 b. Design and arrangement of the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development; c. Design and arrangement of elements of the site plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration; and d. If the proposed project is located within a locally designated historical district, or includes a locally designated landmark structure, the project is in conformance with the provisions of Chapter 18.28, BMC; 5. The impact of the proposal on the existing and anticipated traffic and parking conditions; 6. Pedestrian and vehicular ingress, egress and circulation, including: a. Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area; b. Non-automotive transportation and circulation systems design features to enhance convenience and safety across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting; c. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent developments and general community; and d. Dedication of right-of-way or easements necessary for streets and similar transportation facilities; 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation; 8. Open space, including: a. The enhancement of the natural environment; b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas; c. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the site plan to avoid interfering with public access to and use of that area; d. Is any provided recreational area suitably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses; e. Open space shall be provided in accordance with Chapter 18.50, BMC; 182 Page 12 of 20 f. Park land shall be provided in accordance with Chapter 18.50, BMC. 9. Building location and height; 10. Setbacks; 11. Lighting; 12. Provisions for utilities, including efficient public services and facilities; 13. Site surface drainage and stormwater control; 14. Loading and unloading areas; 15. Grading; 16. Signage; 17. Screening; 18. Overlay district provisions; 19. Other related matters, including relevant comment from affected parties; and 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. 21. Compliance with Title 17 Chapter 2, BMC; 22. Phasing of development. B. If the review authority, after recommendation from the applicable advisory bodies shall determine that the proposed site plan or master site plan will not be detrimental to the health, safety or welfare of the community, is in compliance with the requirements of this title and is in harmony with the purposes and intent of this title and the Bozeman growth policy, approval shall be granted, and such conditions and safeguards may be imposed as deemed necessary. Notice of action shall be given in writing. C. Plan approval may be denied upon a determination that the conditions required for approval do not exist. Persons objecting to the recommendations of review bodies carry the burden of proof. A denial of approval shall be in writing. D. Following approval of a master site plan, the applicant shall submit to the Planning Department, sequential individual site plans for specific areas within the master site plan. Each subsequent application for a site plan shall be consistent with the approved master site plan and subject to the review criteria set forth in subsection A above. Evidence that the review criteria have been met through the master site plan review process may be incorporated by reference in order to eliminate duplication of review. 183 Page 13 of 20 18.34.110 CONDITIONAL USE PERMIT A. The person applying for a conditional use permit shall fill out and submit to the Planning Director the appropriate form with the required fee. The request for a conditional use permit shall follow the procedures and application requirements of this chapter. B. In consideration of all conditional use permit applications, a public hearing shall be conducted by the review authority. Notice of the public hearing shall be provided in accordance with Chapter 18.76, BMC. C. If a rezoning is required prior to approval of a conditional use permit, the application for rezoning and the conditional use permit may be filed and acted upon simultaneously, however the conditional use permit shall not be effective until the rezoning has been implemented by ordinance. D. The review authority, in approving a conditional use permit, shall review the application against the review requirements of §18.34.090, BMC; E. In addition to the review criteria of §18.34.090, BMC, the review authority shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access rights; and 184 Page 14 of 20 n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use. G. Applications for conditional use permits may be approved, conditionally approved or denied by motion of the review authority. If an application is denied, the denial shall constitute a determination that the applicant has not shown that the conditions required for approval do exist. H. The applicant shall be notified in writing of the final action taken within seven working days of the action. If the conditional use permit has been granted the notification shall include any conditions, automatic termination date, period of review or other requirements. If the conditional use permit has been granted, the permit shall be issued upon the signature of the Planning Director after completion of all conditions and final plan. I. Termination/ Revocation of Conditional Use Permit approval. 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in Section 18.34.130, BMC. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be appealed. If the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 185 Page 15 of 20 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 18.64.160, BMC. 18.34.120 FINAL PLAN A. No later than six months after the date of approval of a preliminary site plan or master site plan, the applicant shall submit to the Planning Department a final plan with accompanying application form and review fee. The number of copies of the final plan to be submitted shall be established by the Planning Director. The final plan shall contain the materials required in §§18.78.080 and18.78.090 BMC and whatever revisions to the preliminary site plan or master site plan are required to comply with any conditions of approval. Prior to the passage of six months, the applicant may seek an extension of not more than an additional six months from the Planning Director. B. In addition to the materials required in subsection A of this section, the owner shall submit a certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. C. In addition to the materials required in subsections A and B of this section, the owner shall submit a statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. D. Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to the passage of one year, the applicant may seek an extension of not more than one additional year from the Planning Director. In such instances, the Planning Director shall determine whether the relevant terms of this title and circumstances have significantly changed since the initial approval. If relevant terms of this title or circumstances have significantly changed, the extension of the approval shall not be granted. E. Following approval of a final master site plan, the final master site plan shall be in effect for not less than three but not more than five years with the initial duration to be specified during the final action of the review authority. Owners of property subject to the master site plan may seek extensions to not exceed five years in a single extension. Approval of an extension shall be made by the Planning Director. Approval shall be granted if the Planning Director determines that the criteria of 18.34.120.F are met. F. Any request for an extension must be in writing and be dated and signed by the owner of the undeveloped area or incomplete development for which the extension is sought. More than one extension may be requested for a particular development. Each request shall be considered on its individual merits. An extension of the development approval under Chapter 18.34, BMC does not extend other City or non-City agency approvals, e.g. for design of infrastructure extensions, necessary to complete the project. When evaluating an extension request, the City shall consider: 1. Changes to the development regulations since the original approval and whether the development as originally approved is compliant with the new regulations; 186 Page 16 of 20 2. Progress to date in completing the development as a whole and any phases; 3. Phasing of the development and the ability for existing development to operate without the delayed development; 4. Dependence by other development on any public infrastructure or private improvements to be installed by the development; 5. For extensions of approval greater than one year, the demonstrated ability of the developer to complete the development; 6. Overall maintenance of the site; 7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant, adequate, and applicable to the present circumstances of the development and community. G. Upon approval of the final site plan by the Planning Director the applicant may obtain a building permit as provided for by Chapter 18.64, BMC. 1. Subsequent site plan approvals are required to implement a master site plan, and approval of a master site plan only does not entitle an applicant to obtain any building permits. 18.34.130 AMENDMENTS TO PLANS A. It is the intent of this section to assure that issues of community concern are addressed during the redevelopment, reuse or change in use of existing facilities in the community. Specific areas of community concern include public safety, mitigation of off-site environmental impacts and site character in relation to surroundings. The following procedures for amendments to approved plans, reuse of existing facilities and further development of sites assure that these concerns are adequately and expeditiously addressed. B. Any amendment to or modification of a plan approved under the ordinance codified in this chapter (September 3, 1991 - Ordinance 1332) shall be submitted to the Planning Director for review and possible approval. Proposals for further development, reuse or change in use of sites developed pursuant to this title shall be reviewed as an amendment to an approved plan. All amendments shall be shown on a revised plan drawing. Amendments to approved plans shall be reviewed and may be approved by the Planning Director upon determining that the amended plan is in substantial compliance with the originally approved plan. If it is determined that the amended plan is not in substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all standards and plan review and approval provisions of this title. Substantial compliance may be shown by demonstrating that the amendments do not exceed the thresholds established in §18.34.170.B, BMC. C. Modifications or amendments to a master site plan at the time an extension of approval is sought may be proposed by either the applicant or the review authority, and shall be based on substantive current information that indicates that relevant circumstances have changed and that such circumstances support the proposed modifications. Such circumstances may include market analyses, economic conditions, changes in surrounding land uses, changes in ownership, etc. 187 Page 17 of 20 18.34.150 REUSE, CHANGE IN USE OR FURTHER DEVELOPMENT OF SITES DEVELOPED PRIOR TO THE ADOPTION OF THE ORDINANCE CODIFIED IN THIS TITLE A. It is the policy of the City to work with owners of property during the reuse, change in use, or further development process to correct existing violations of the City’s and other agency’s regulations, to encourage reinvestment and renewal of existing developed sites, and to move existing sites toward compliance with current standards while recognizing the limitations that may exist in relation to an existing site. B. Sites legally developed prior to the adoption of the ordinance codified in this title (September 3, 1991 - Ordinance 1332) shall be considered to have developed under an approved plan. Proposals for reuse, change in use or the further development of sites legally developed prior to the adoption of the ordinance codified in this title may be approved by the review authority upon determining that no significant alteration of the previous use and site are proposed, and upon review by the City Engineer or designee to assure that adequate access and site surface drainage are provided. All such proposals shall be shown on a plan drawing as required by Section 18.78.110. C. The criteria for determining that no significant alteration of the previous use and site will result from the proposed reuse, change in use or further development of a site shall include but not be limited to the following: 1. The proposed use is allowed under the same zoning district use classification as the previous use, however replacement of nonconforming uses must comply with the provisions of Chapter 18.60, BMC; 2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas, parking areas or impervious surfaces and/or do not result in an increase in intensity of use as measured by parking requirements, traffic generation or other measurable off-site impacts; a. By more than 20 percent for developments not meeting one or more of the criteria of §18.34.040.C; OR b. By more than 10 percent for developments meeting or exceeding one or more of the criteria of §18.34.040.C; 3. The proposed use does not continue any unsafe or hazardous conditions previously existing on the site or associated with the proposed use of the property. D. If it is determined that the proposed reuse, change in use or further development of a site contains significant alterations to the previous use and/or site, the application shall be resubmitted as a new application and shall be subject to all plan review and approval provisions of this chapter. E. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation or entryway corridor overlay districts, review by ADR staff or the DRB may be required to determine whether resubmittal as a new application is necessary. 188 Page 18 of 20 18.34.160 IMPROVEMENTS TO EXISTING DEVELOPED SITES INDEPENDENT OF SITE PLAN REVIEW The continued improvement of existing developed sites is desired to increase the level of compliance with the provisions of this title and to encourage maintenance and viability of the site. An applicant may propose improvements, not in association with a plan review, to increase conformity with the standards of this title for landscaping, lighting, parking or similar components of a site to occur over a defined period of time, not to exceed three years. Such improvements shall be depicted on a site plan drawn to scale and which shall be sufficiently detailed to clearly depict the current conditions, the intended end result of the proposed improvements and any phasing of work. Such improvements shall be reviewed by and approved at the discretion of the review authority which may require surety in accordance with the terms of Chapter 18.74, BMC for work performed. A certificate of appropriateness may be required if the site is located within the entryway overlay district or the neighborhood conservation overlay district. 18.34.170 BUILDING PERMITS BASED UPON APPROVED SKETCH OR SITE PLANS Based upon the approved sketch or final site plan and after any appeals have been resolved, a building permit for the site may be requested and may be granted pursuant to Chapter 18.64, BMC. No building permit may be granted on the basis of an approved sketch or site plan whose approval has expired. 18.34.180 APPEALS Appeals of decisions rendered in conjunction with this chapter may be taken as set forth in Chapter 18.66, BMC. Section 2 That Section 18.64.010.B, Unified Development Ordinance, of the Bozeman Municipal Code be amended to read as follows: B. The Planning Director shall, upon recommendation from the DRC, DRB, ADR or WRB or other advisory body as may be applicable approve, approve with conditions or deny all applications subject to this title, except master site plans, conditional use permits, planned unit developments and subdivisions, those applications specifically reserved to another APPROVAL AUTHORITY, or any application involving deviations or variances. Decisions of the Planning Director are subject to the appeal provisions of Chapter 18.66, BMC, 1. Exception. The City Commission may, by an affirmative, simple majority, vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the Planning Director. The vote shall occur prior to the action of the Planning Director. .Section 3 189 Page 19 of 20 Repealer All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Savings Provision This ordinance does not affect the rights and duties that matured, penalties that were incurred or proceedings that were begun before the effective date of this ordinance. All other provision of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 5 Severability That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whole. Section 6 Codification The provisions of Sections 1 and 2 shall be codified as appropriate in Title 18, Unified Development Ordinance, of the Bozeman Municipal Code. All references within the Bozeman Municipal Code shall be revised to reflect the changes in this ordinance. Section 7 Effective Date This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY PASSED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the _______ day of _______, 2011. ____________________________________ 190 Page 20 of 20 JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney FINALLY PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana on second reading at a regular session thereof held on the ____ day of ________________, 2011. The effective date of this ordinance is __________, __, 2011. ____________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: ____________________________________ GREG SULLIVAN City Attorney 191 Ordinance 1809 markup text Page 1 of 19 Section 1 That Chapter 18.34, Site Plan Review, of the Bozeman Municipal Code be deleted in its entirety and wholly replaced with a new a new chapter to read as follows: CHAPTER 18.34 SITE PLAN REVIEW 18.34.010 INTRODUCTION A. All non-subdivision development proposals within the City will be subject to plan review and approval except repair, maintenance, grading below the minimum defined limits of this title, and interior remodeling, or other items specifically exempted in this title. Depending on the complexity of development and status of proposed use in the applicable zoning district, either sketch plans, site plans, master site plans, or conditional use permits (referred to after this as a ‘plan’) will be required as specified in this chapter. Although work may be exempt from zoning review it may require review for other permits before construction may begin. B. Special development proposals (e.g., PUDs, CUPs, variances, etc.) require other information to be submitted in conjunction with sketch plans or site plans and are subject to requirements specific to the type of proposal. These additional submittal requirements and review procedures are outlined in §18.34.030, BMC. C. When a development is proposed within a neighborhood conservation or entryway corridor overlay district, or proposes signs which do not specifically conform to the requirements of this title, design review is required in conjunction with either sketch plan or site plan review per the authority in Section 18.62.010. In such cases, additional submittal requirements and review procedures apply as outlined in §18.78.090, BMC. D. Conditional Uses. Certain uses, while generally not suitable in a particular zoning district, may, under certain circumstances, be acceptable. When such circumstances can be demonstrated by the applicant to exist, a conditional use permit may be granted by the review authority Board of Adjustment. Conditions may be applied to the issuance of the permit and periodic review may be required. No conditional use permit shall be granted for a use which is not specifically designated as a conditional use in this title. E. Approval shall be granted for a particular use and not for a particular person or firm. F. This chapter is provided to meet the purposes of §18.02.040, BMC and all other relevant portions of this title. G. Applications subject to this chapter shall be reviewed under the authority established by Chapter 18.64, BMC. 18.34.020 CLASSIFICATION OF SITE PLANS A. All developments, as defined in Chapter 18.80, within the City shall be subject to site plan review procedures and criteria of this chapter title and the applicable submittal 192 Ordinance 1809 markup text Page 2 of 19 requirements of Chapter 18.78, BMC. For the purposes of this title, site plans will be classified as either a site plan or a master site plan. 1. Exception. Those developments specified in Sections 18.34.070, BMC and other development proposals when so specifically identified require only sketch plan review. B. A master site plan is a generalized development plan that establishes building envelopes and overall entitlements for complex, large-scale projects that will require multiple years to reach completion. Use of a master site plan is an option and not required unless necessary to address phasing of a proposed development (see Section 18.34.090.B.3) or if required as part of the residential emphasis mixed use district. A master site plan involves one or more of the following: 1. One hundred or more dwelling units in a multiple household structure or structures; 2. Fifty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. Multiple buildings located on multiple contiguous lots and/or contiguous City blocks; 4. Multiple owners; 5. Development phasing projected to extend beyond two years; or 6. Parking for more than two-hundred vehicles. C. Any planned unit development shall be reviewed according to the regulations in Chapter 18.36, BMC, in addition to this chapter. D. Telecommunication facilities shall be reviewed according to the regulations in Chapter 18.54, BMC, in addition to this chapter. E. Uses identified in Chapter 18.40, BMC shall be reviewed according to the standards and regulations contained in Chapter 18.40, BMC, in addition to this chapter. 18.34.030 SPECIAL DEVELOPMENT PROPOSALS - ADDITIONAL APPLICATION REQUIREMENTS, REVIEW PROCEDURES AND REVIEW CRITERIA A. Application Requirements. Applications for special development proposals (e.g. PUD, CUP, flood plain development permits, variances, etc.) shall include: 1. The required information for site plans described in §18.78.080, BMC; 2. Any additional application information required for specific reviews as listed in the following chapters of this title: a. §18.36, Planned Unit Development; b. §18.40, Standards for Specific Uses; c. §18.54, Telecommunications; d. §18.58, Bozeman Floodplain Regulations; and e. §18.66, Appeals, Deviations and Variance Procedures; 193 Ordinance 1809 markup text Page 3 of 19 B. Review Procedures and Review Criteria. Additional review procedures and review criteria for specific development proposals are defined in the following chapters of this title: 1. §18.34.080, Certificate of Appropriateness; 2. §18.34.110, Conditional Use; 3. §18.36, Planned Unit Development; 4. §18.40, Standards for Specific Uses; 5. §18.54, Telecommunications; 6. §18.58, Bozeman Floodplain Regulations; and 7. §18.66, Appeals, Deviations and Variance Procedures. 18.34.040 REVIEW AUTHORITY A. The City Commission, Board of Adjustment and Planning Director have the review authority review authorities are established in Section 18.64.010, BMC and as may be specified elsewhere in this title. B. The Development Review Committee, Design Review Board, Administrative Design Review Staff, and Wetlands Review Board have the review advisory authority established in Chapter 18.62, BMC. C. Site Plan Design Review Thresholds. When a development is subject to design review and meets one or more of the following thresholds the Design Review Board shall have responsibility for conducting the design review. 1. Twenty or more dwelling units in a multiple household structure or structures; 2. Thirty thousand or more square feet of office space, retail commercial space, service commercial space or industrial space; 3. More than two buildings on one site for permitted office uses, permitted retail commercial uses, permitted service commercial uses, permitted industrial uses or permitted combinations of uses; 3. Twenty thousand or more square feet of exterior storage of materials or goods; or 4. Parking for more than sixty ninety vehicles. 18.34.050 APPLICATION OF SITE PLAN REVIEW PROCEDURES A. These procedures shall apply to all developments within the City unless explicitly exempted in this title. except for development proposals specified as requiring only sketch plan review. B. The preliminary site plan shall be submitted and approved, and final site plan approval received, prior to the issuance of any building permit. C. No occupancy permits shall be issued for any development for which site plan review is required until certification has been provided under Section 18.74.030 demonstrating that all terms and conditions of site plan approval have been complied with. D. Unless a deviation or variance is explicitly sought and granted in association with a site plan, all standards of this title apply whether explicitly mentioned in the record of the 194 Ordinance 1809 markup text Page 4 of 19 review or not. An omission or oversight of a nonconformity with the standards of this title in the site plan shall not constitute approval of such nonconformance. Any nonconformance which was not the subject of an explicitly approved deviation or variance may be required to be cured at such time the City becomes aware of the nonconforming condition’s existence. E. In the event that the volume of site development applications submitted for review exceeds the ability of the City to process them simultaneously, preference in order of scheduling will be given to those projects which provide the most affordable housing in excess of minimum requirements, as measured by the total number of affordable units. F. When a development subject to this chapter is located within an overlay district established by Chapters 18.28 or 18.30 a certificate of appropriateness is required in addition to other required review procedures. 18.34.120 PUBLIC NOTICE REQUIREMENTS G. Public notice of development proposals and approvals subject to this chapter shall be provided as required by Chapter 18.76, BMC. 18.34.210 IMPROVEMENTS H. Improvements depicted on an approved plan shall be installed subject to the requirements of Chapter 18.74, BMC. 18.34.060 SPECIAL TEMPORARY USE PERMIT A. Generally. Uses permitted subject to a special temporary use permit are those temporary uses which are required for the proper function of the community or are temporarily required in the process of establishing a permitted use, constructing a public facility or providing for response to an emergency. Such uses shall be so conducted that they will not be detrimental in any way to the surrounding properties or to the community. Uses permitted subject to a special temporary use permit may include: 1. Carnivals, circuses, special events of not over seventy-two consecutive hours; 2. Tent revival meetings; 3. Swap meets; or 4. Such other uses as the Planning Director may deem to be within the intent and purpose of this section. B. Application and Filing Fee. Application for a special temporary use permit may be made by a property owner or his authorized agent. A copy of the fees are available at the Planning Department. Such application shall be filed with the Planning Director who shall charge and collect a filing fee for each such application, as provided in Chapter 18.64, BMC. The Planning Director may also require any information deemed necessary to support the approval of a special temporary use permit, including site plans per this chapter. C. Decision. Application for a special temporary use permit shall be reviewed by the Planning Director who shall approve, conditionally approve or disapprove such application. Approval or conditional approval shall be given only when in the judgment 195 Ordinance 1809 markup text Page 5 of 19 of the review authority Planning Director such approval is within the intent and purposes of this chapter. D. Conditions. In approving such a permit, the approval shall be made subject to a time limit, not to exceed one year per approval, and other conditions deemed necessary to assure that there will be no adverse effect upon adjacent properties. Such conditions may include, but are not limited to, the following: 1. Regulation of parking; 2. Regulation of hours; 3. Regulation of noise; 4. Regulation of lights; 5. Requirement of bonds financial surety or other guarantees for cleanup or removal of structure or equipment; and/or 6. Such other conditions deemed necessary to carry out the intent and purpose of this section. 18.34.070 SKETCH PLAN REVIEW A. Sketch Plan Submittal Requirements. 1. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans which include the information specified in meeting the requirements of §18.78.110, BMC. 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal requires the issuance of a certificate of appropriateness (see §18.34.080 and §18.78.090, BMC). 3. Examples of independent projects which qualify for sketch plan review are: individual single-household including manufactured homes on individual lots, two-household, three-household, and four-household residential units, each on individual lots and independent of other site development; accessory dwelling units in the R-2, R-3 and R-4 districts; fences; signs in compliance with the requirements of this title; regulated activities in areas with regulated wetlands not in conjunction with a land development proposal; grading of sites disturbing more than one-eighth but less than one-half acre, or movement of more than 30 but less than 100 cubic yards of material, or cut or fill of less than one cumulative foot, whichever is less; special temporary uses; reuse, change in use, or further development of sites per Section 18.34.150; and accessory structures associated with these uses. Other similar projects may be determined by the Planning Director to require only sketch plan review. The Planning Director may determine submittal requirements in addition to those in Section 18.78.110. Projects which do not require sketch plan review may still require review and permitting for non- zoning issues. B. Sketch Plan Review Procedures. 1. No Certificate of Appropriateness Required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the Planning 196 Ordinance 1809 markup text Page 6 of 19 Department staff for a determination of compliance with the requirements of this title. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. In determining whether compliance is achieved the staff shall consider the individual circumstances of the site when the development is subject to Section 18.34.150. 2. Certificate of Appropriateness Required. Sketch plans, including the material required by §18.78.090, BMC, and such additional information as may be required for projects which require a certificate of appropriateness as per §18.34.080, BMC shall be submitted to the ADR staff, who shall review the proposal for compliance with this title, including compliance with the applicable overlay district requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. Review and approval authority for sketch plans that require certificates of appropriateness shall rest with the DRB if the ADR staff consists of less than two members. C. Sketch Plan Review Criteria. Sketch plans shall be reviewed for compliance with all applicable requirements of this title including overlay district requirements and the cessation of any current violations of this title, exclusive of any legal nonconforming conditions. Plan changes may be required. 18.34.080 CERTIFICATES OF APPROPRIATENESS - ADDITIONAL REVIEW PROCEDURES AND REVIEW CRITERIA A. Sign Proposals Which Do Not Specifically Conform to the Requirements of This Title. Independent sign proposals (i.e., not in conjunction with other development) which do not specifically conform to the requirements of this title, are required to submit full site plans. Additional site design information, in sufficient detail to demonstrate compliance with the Design Objective Plan, encompassing the property’s location shall be provided. If no Design Objectives Plan has been prepared for the location, additional site design information, if necessary, shall be determined by the ADR staff. All signs shall comply with the dimensional standards of this title unless a deviation or variance has been properly granted. B. Review Procedures and Criteria for Certificates of Appropriateness. 1. Certificates of appropriateness shall only be issued according to procedures and criteria specified in Chapters 18.28, 18.30, 18.36 and 18.62, BMC in addition to this chapter. 2. Sign proposals which specifically conform to the requirements of this title shall be reviewed according to procedures and criteria outlined in Chapter 18.52, BMC. 18.34.090 SITE PLAN REVIEW PROCEDURES A. Acceptability and Adequacy of Application. 1. The Planning Department shall review the application for acceptability within five working days to determine if the application is does not omit any of the submittal elements required by this title. If the application does not contain all of the required elements, the application, review fee and a written explanation of what the application is missing shall be returned to the property owner or their 197 Ordinance 1809 markup text Page 7 of 19 representative. The five working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the five day review period. 2. After the application is deemed to contain the required elements and to be acceptable, it shall be reviewed for adequacy. A determination of adequacy means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency to make a determination that the application either does or does not conform to the requirements of this title and any other applicable regulations under the jurisdiction of the City of Bozeman. The review for adequacy shall be conducted by the appropriate agency with expertise in the subject matter. The adequacy review period shall begin on the next working day after the date that the Planning Department determines the application to contain all the required elements and shall be completed within not more than 15 working days. The 15 working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the property owner. Upon a determination of adequacy the review of the development will be scheduled. a. In the event the missing information is not received by the City within 15 working days of notification to the property owner of inadequacy, all application materials and one-half of the review fee shall be returned to the property owner or their representative. Subsequent resubmittal shall require payment of a review fee as if it were a new application. b. A determination that an application is adequate does not restrict the City from requesting additional information during the site plan review process. 3. Should the property owner choose not to provide the required information after an application has been found unacceptable, nor to accept return of the application and accompanying fee, the application may be processed by the City with the recognition by the property owner that unacceptability is an adequate basis for denial of the application regardless of other merit of the application. 4. The DRC may grant reasonable waivers from submittal of application materials required by these regulations where it is found that these regulations allow a waiver to be requested and granted. If in the opinion of the final approval authority the waived materials are necessary for proper review of the development, the materials shall be provided before review is completed. 5. In order to be granted a waiver the applicant shall include with the submission of the preliminary site plan a written statement describing the requested waiver and the reasons upon which the request is based. The final approval body shall then consider each waiver at the time the preliminary site plan is reviewed. All waivers must be identified not later than initial submittal of the preliminary site plan stage of review. B. Site plans shall be reviewed by the review bodies established by Chapter 18.62, BMC and according to the procedures established by this title. After review of the applicable submittal materials required by Chapter 18.78, BMC, and upon recommendation by the 198 Ordinance 1809 markup text Page 8 of 19 appropriate advisory bodies, the Planning Director, Board of Adjustment, or City Commission review authority shall act to approve, approve with conditions or deny the application, subject to the appeal provisions of Chapter 18.66, BMC. The basis for the Planning Director’s, Board of Adjustment’s, or City Commission’s review authority’s action shall be whether the application, including any required conditions, complies with all the applicable standards and requirements of this title, including § 18.02.050, BMC. 1. Site Plan. The Planning Director review authority shall provide an opportunity for the public to comment upon development proposals. The duration of the initial comment period shall be included in any notice required by Chapter 18.76, BMC. The comment period shall be from the date of the first consideration of the complete preliminary plan and supplementary materials by the DRC until 5:00 pm on the third working day after DRC and other review bodies as may be appropriate have taken action regarding the proposal. a. The Planning Director, review authority after receiving the recommendations of the DRC, ADR, DRB or WRB, advisory bodies and considering any public comment shall act to approve, approve with conditions or deny an application within ten working days of the close of the public comment period. The Planning Director’s decision shall be in writing and shall include any special conditions which are to be applied to the development. (1) After formal notice of a project review has been given, interested parties may request in writing to receive a copy of the director’s decision regarding an application. Persons making such a request shall provide an addressed envelope for use in delivering their copy of the decision. 2. Site Plan with Deviations or Variances or Conditional Use Permits. The Board of Adjustment review authority shall provide an opportunity for the public to comment upon a proposed site plan or conditional use permit. The ending date of the comment period shall be included in the notice required by Chapter 18.76, BMC. The comment period shall be from the date of the first consideration of the complete preliminary plan and supplementary materials by the DRC until the decision is made. by the Board of Adjustment. a. The Board of Adjustment review authority, after receiving the recommendations of the DRC, ADR, DRB or WRB, advisory bodies and considering any public comment shall act to approve, approve with conditions or deny an application. The Board of Adjustment’s decision shall be in writing and shall include any special conditions which are to be applied to the development. 3. Phasing. The entitlement period for which a final plan is valid is specified in Section 18.34.120, BMC. Preliminary single phase site plan applications will only be accepted for development that can occur under building permits issued within this final plan approval period. a. Any development that includes phases/buildings that would extend past the final plan approval period shall proceed under the master site plan application process with a first phase plan for those portions that can be 199 Ordinance 1809 markup text Page 9 of 19 constructed under the single phase final plan approval. The master site plan and first phase site plan may be reviewed concurrently as a single application. Each future project phase must submit a standalone site plan application following initial master site plan approval. b. Each phase of a plan must not include more buildings than will be constructed within a one year timeframe. These subsequent site plan applications may be expedited through the review process if they are consistent with the master site plan. Independent fees will be assessed for each required application. c. A preliminary site plan application may be received where it is unclear whether the buildings/units can be constructed under building permits issued within one year of final site plan approval. In this case the planning director may request proof of a construction financing committment prior to accepting the application for review. Applications, where it is clear that the buildings/units cannot be constructed under building permits issued within one year of final site plan approval, will be deemed unacceptable for review and directed to proceed through a master site plan with first phase site plan process. 4. Master Site Plan. The City Commission review authority, shall provide an opportunity for the public to comment upon a proposed master site plan. The duration of the comment period shall be included in any notice required by Chapter 18.76, BMC. The comment period shall be from the date of the first consideration of the complete preliminary plan and supplementary materials by the DRC until the decision by the City Commission. a. The City Commission review authority,, after receiving the recommendations of the DRC, ADR, DRB or WRB, shall act to approve, approve with conditions or deny an application. The City Commission’s decision shall be in writing and shall include any special conditions which are to be applied to the development. 18.34.100 SITE PLAN AND MASTER SITE PLAN REVIEW CRITERIA A. In considering applications for site plan approval under this title, the review authority and advisory bodies Planning Director, Board of Adjustment, City Commission, DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following criteria. When considering the criteria for future phases of a master site plan, other than those for criteria 1-3, the evaluation shall be of a more generalized demonstration of compliance, recognizing that a subsequent site plan shall be submitted in the future which shall provide evidence of specific compliance. The level of detail submitted and review conducted shall be equal with the level of entitlement being sought with the application. See Chapter 18.78 for required submittal materials. 1. Conformance to and consistency with the City’s adopted growth policy. 2. Conformance to this title, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 200 Ordinance 1809 markup text Page 10 of 19 4. Relationship of site plan elements to conditions both on and off the property, including: a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration; b. Design and arrangement of the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development; c. Design and arrangement of elements of the site plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration; and d. If the proposed project is located within a locally designated historical district, or includes a locally designated landmark structure, the project is in conformance with the provisions of Chapter 18.28, BMC; 5. The impact of the proposal on the existing and anticipated traffic and parking conditions; 6. Pedestrian and vehicular ingress, egress and circulation, including: a. Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area; b. Non-automotive transportation and circulation systems design features to enhance convenience and safety across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting; c. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent developments and general community; and d. Dedication of right-of-way or easements necessary for streets and similar transportation facilities; 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation; 8. Open space, including: a. The enhancement of the natural environment; b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas; 201 Ordinance 1809 markup text Page 11 of 19 c. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the site plan to avoid interfering with public access to and use of that area; d. Is any provided recreational area suitably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses; e. Open space shall be provided in accordance with Chapter 18.50, BMC; f. Park land shall be provided in accordance with Chapter 18.50, BMC. 9. Building location and height; 10. Setbacks; 11. Lighting; 12. Provisions for utilities, including efficient public services and facilities; 13. Site surface drainage and stormwater control; 14. Loading and unloading areas; 15. Grading; 16. Signage; 17. Screening; 18. Overlay district provisions; 19. Other related matters, including relevant comment from affected parties; and 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this title, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or b. The subject of reciprocal and perpetual easements or other agreements to which the City is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. 21. Compliance with Title 17 Chapter 2, BMC; 22. Phasing of development. B. In considering applications for master site plan approval under this title, the City Commission, DRC, and when appropriate, the ADR staff, DRB or WRB shall consider the following: 1. Conformance to and consistency with the City’s adopted growth policy; 2. Conformance to this title, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 4. A generalized site plan showing the orientation and relationships among key plan elements both on and off the property, including: 202 Ordinance 1809 markup text Page 12 of 19 a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods in terms of overall site organization and building mass and height; b. Arrangement of the elements of the site plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the structure of the surrounding area and produce an efficient, functionally organized and visually cohesive development that contributes to the overall aesthetic quality of the area; c. If the proposed project is located within a locally designated historical district, or includes a locally designated landmark structure, a statement describing how the project is in conformance with the provisions of Chapter 18.28, BMC; and d. Description of many elements in a Master Site Plan may be described in written and/or graphic formats whichever provides the superior form of communication. 5. A statement accompanying the site plan describing the generalized architectural character and its relationship to and compatibility with the historical character of the area, generalized landscape concept including treatment of public space and relationship to the surrounding area, and visual and aesthetic integration of the proposed development into the surrounding area and its effect on the identity of the adjacent neighborhood; 6. The impact of the proposed development on the existing and anticipated traffic and parking conditions, including identification of the traffic generation and parking needs of individual plan elements; 7. Pedestrian and vehicular ingress, egress and circulation, including: a. Overall pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area; b. Non-automotive transportation and circulation systems design features to enhance convenience and safety across parking lots and streets; c. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent developments and general community; and d. Dedication and/or abandonment of rights-of-way or easements necessary for efficient land use and accompanying streets and related transportation facilities; 8. Open space, if required under the zoning classification(s) of the proposed development, including: a. Enhancement of the natural environment; b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas; 203 Ordinance 1809 markup text Page 13 of 19 c. Provisions to avoid interfering with public access to and use of any adjacent parks and other open space; d. Provision of recreational areas suitably located and configured, and accessible to the residential units it is intended to serve; and e. Adequacy of open space as required within this title; f. Open space shall be provided in accordance with Chapter 18.50, BMC; g. Park land shall be provided in accordance with Chapter 18.50, BMC. 9. Generalized building gross area (square feet), building locations, building envelopes, and building heights; 10. Setbacks; 11. Generalized lighting concept as pertains to public safety; 12. Generalized provisions for utilities, including efficient public services and facilities; 13. Generalized site surface drainage and stormwater control; 14. Generalized locations of loading and unloading areas; 15. Generalized grading; 16. Statement regarding proposed signage; 17. Statement regarding screening of trash, outdoor storage and utility areas; 18. Overlay district provisions where applicable; and 19. Other related matters, including relevant comment from affected parties. B. If the Planning Director, Board of Adjustment, or City Commission review authority, after recommendation from the applicable advisory bodies DRC and, if appropriate, ADR staff, DRB and WRB shall determine that the proposed site plan or master site plan will not be detrimental to the health, safety or welfare of the community, is in compliance with the requirements of this title and is in harmony with the purposes and intent of this title and the Bozeman growth policy, approval shall be granted, and such conditions and safeguards may be imposed as deemed necessary. Notice of action shall be given in writing. C. Plan approval may be denied upon a determination that the conditions required for approval do not exist. Persons objecting to the recommendations of review bodies carry the burden of proof. A denial of approval shall be in writing. D. Following approval of a master site plan, the applicant shall submit to the Planning Department, sequential individual site plans for specific areas within the master site plan. Each subsequent application for a site plan shall be consistent with the approved master site plan and subject to the review criteria set forth in subsection A above. Evidence that the review criteria have been met through the master site plan review process may be incorporated by reference in order to eliminate duplication of review. 204 Ordinance 1809 markup text Page 14 of 19 18.34.110 APPLICATION FOR CONDITIONAL USE PERMIT - NOTICE REQUIREMENTS A. The person applying for a conditional use permit shall fill out and submit to the Planning Director the appropriate form with the required fee. The request for a conditional use permit shall follow the procedures and application requirements of this chapter. B. In consideration of all conditional use permit applications, a public hearing shall be conducted by the review authority Board of Adjustment. Notice of the public hearing shall be provided in accordance with Chapter 18.76, BMC. C. If a rezoning is required prior to approval of a conditional use permit, the application for rezoning and the conditional use permit may be filed and acted upon simultaneously, however the conditional use permit shall not be effective until the rezoning has been implemented by ordinance. has been approved by the City Commission. 18.34.120 BOARD OF ADJUSTMENT CONSIDERATION AND RECORD FOR CONDITIONAL USE PERMITS D. The review authority Board of Adjustment, in approving a conditional use permit, shall review the application against the review requirements of §18.34.090, BMC; E. In addition to the review criteria of §18.34.090, BMC, the review authority Board of Adjustment shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; 205 Ordinance 1809 markup text Page 15 of 19 l. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the City in an orderly and efficient manner. F. The Board of Adjustment shall, in In addition to all other conditions, impose the following general conditions upon requirements apply to every conditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. That all of the special conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the County Clerk and Recorder’s Office by the property owner prior to the issuance of any building permits, final site plan approval or commencement of the conditional use. G. Applications for conditional use permits may be approved, conditionally approved or denied by motion of the review authority Board of Adjustment. If an application is denied, the denial shall constitute a determination that the applicant has not shown that the conditions required for approval do exist. H. The applicant shall be notified in writing of the final action taken by the Board of Adjustment within seven working days of its the action. If the conditional use permit has been granted the notification shall include any conditions, automatic termination date, period of review or other requirements. If the conditional use permit has been granted, the permit shall be issued upon the signature of the Planning Director after completion of all conditions and final plan. I. Termination/ Revocation of Conditional Use Permit approval. 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in Section 18.34.130, BMC. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the Planning Director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the Planning Director may not be appealed. If 206 Ordinance 1809 markup text Page 16 of 19 the Planning Director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the City may revoke the approval through the procedures outlined in Section 18.64.160, BMC. 18.34.130 MODIFICATION OR ENLARGEMENT OF STRUCTURES AUTHORIZED UNDER A CONDITIONAL USE PERMIT Any proposed additions, enlargements or modifications of the structures approved in any conditional use permit, or any proposed extension of the use into areas not approved in any such permit, shall be subject to the review procedures of this chapter. 18.34.120 FINAL SITE PLAN A. No later than six months after the date of approval of a preliminary site plan or master site plan, the applicant shall submit to the Planning Department a final site plan with accompanying application form and review fee. The number of copies of the final site plan to be submitted shall be established by the Planning Director. The final site plan shall contain the materials required in §§18.78.080 and18.78.090 BMC and whatever revisions to the preliminary site plan or master site plan are required to comply with any conditions of approval. Prior to the passage of six months, the applicant may seek an extension of not more than an additional six months from the Planning Director. B. In addition to the materials required in subsection A of this section, the owner shall submit a certification of completion and compliance stating that they understand any conditions of approval and the submitted final site plans or master site plan have complied with any conditions of approval or corrections to comply with code provisions. C. In addition to the materials required in subsections A and B of this section, the owner shall submit a statement of intent to construct according to the final site plan. Such statement shall acknowledge that construction not in compliance with the approved final site plan may result in delays of occupancy or costs to correct noncompliance. D. Following approval of a final site plan, the final site plan shall be in effect for one year. Prior to the passage of one year, the applicant may seek an extension of not more than one additional year from the Planning Director. In such instances, the Planning Director shall determine whether the relevant terms of this title and circumstances have significantly changed since the initial approval. If relevant terms of this title or circumstances have significantly changed, the extension of the approval shall not be granted. E. Following approval of a final master site plan, the final master site plan shall be in effect for not less than three but not more than five years with the initial duration to be specified during the final action of the review authority. Owners of property subject to the master site plan may seek extensions to not exceed five years in a single extension. Approval of an extension shall be made by the Planning Director. Approval shall be granted if the Planning Director determines that the criteria of 18.34.120.F are met. relevant terms of this title and circumstances have not significantly changed since the initial approval. 207 Ordinance 1809 markup text Page 17 of 19 F. Any request for an extension must be in writing and be dated and signed by the owner of the undeveloped area or incomplete development for which the extension is sought. More than one extension may be requested for a particular development. Each request shall be considered on its individual merits. An extension of the development approval under Chapter 18.34, BMC does not extend other City or non-City agency approvals, e.g. for design of infrastructure extensions, necessary to complete the project. When evaluating an extension request, the City shall consider: 1. Changes to the development regulations since the original approval and whether the development as originally approved is essentially compliant with the new regulations; 2. Progress to date in completing the development as a whole and any phases; 3. Phasing of the development and the ability for existing development to operate without the delayed development; 4. Dependence by other development on any public infrastructure or private improvements to be installed by the development; 5. For extensions of approval greater than one year, the demonstrated ability of the developer to complete the development; 6. Overall maintenance of the site; 7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant, adequate, and applicable to the present circumstances of the development and community. G. Upon approval of the final site plan by the Planning Director the applicant may obtain a building permit as provided for by Chapter 18.64, BMC. 1. Subsequent site plan approvals are required to implement a master site plan, and approval of a master site plan only does not entitle an applicant to obtain any building permits. 18.34.130 AMENDMENTS TO SKETCH AND SITE PLANS A. It is the intent of this section to assure that issues of community concern are addressed during the redevelopment, reuse or change in use of existing facilities in the community. Specific areas of community concern include public safety, mitigation of off-site environmental impacts and site character in relation to surroundings. The following procedures for amendments to approved plans, reuse of existing facilities and further development of sites assure that these concerns are adequately and expeditiously addressed. B. Any amendment to or modification of a site plan or master site plan approved under the ordinance codified in this chapter (September 3, 1991 - Ordinance 1332) shall be submitted to the Planning Director for review and possible approval. Proposals for further development, reuse or change in use of sites developed pursuant to this title shall be reviewed as an amendment to an approved plan. All amendments shall be shown on a revised plan drawing. Amendments to approved plans shall be reviewed and may be approved by the Planning Director upon determining that the amended plan is in substantial compliance with the originally approved plan. If it is determined that the 208 Ordinance 1809 markup text Page 18 of 19 amended plan is not in substantial compliance with the originally approved plan, the application shall be resubmitted as a new application and shall be subject to all standards and plan review and approval provisions of this title. Substantial compliance may be shown by demonstrating that the amendments do not exceed the thresholds established in §18.34.170.B, BMC. C. Modifications or amendments to a master site plan at the time an extension of approval is sought may be proposed by either the applicant or the review authority City Commission, and shall be based on substantive current information that indicates that relevant circumstances have changed and that such circumstances support the proposed modifications. Such circumstances may include market analyses, economic conditions, changes in surrounding land uses, changes in ownership, etc. 18.34.150 REUSE, CHANGE IN USE OR FURTHER DEVELOPMENT OF SITES DEVELOPED PRIOR TO THE ADOPTION OF THE ORDINANCE CODIFIED IN THIS TITLE A. It is the policy of the City to work with owners of property during the reuse, change in use, or further development process to correct existing violations of the City’s and other agency’s regulations, to encourage reinvestment and renewal of existing developed sites, and to move existing sites toward compliance with current standards while recognizing the limitations that may exist in relation to an existing site. B. Sites legally developed prior to the adoption of the ordinance codified in this title (September 3, 1991 - Ordinance 1332) shall be considered to have developed under an approved plan. Proposals for reuse, change in use or the further development of sites legally developed prior to the adoption of the ordinance codified in this title may be approved by the Planning Director review authority upon determining that no significant alteration of the previous use and site are proposed, and upon review by the City Engineer or designee to assure that adequate access and site surface drainage are provided. All such proposals shall be shown on a plan drawing as required by Section 18.78.110 the Planning Director. C. The criteria for determining that no significant alteration of the previous use and site will result from the proposed reuse, change in use or further development of a site shall include but not be limited to the following: 1. The proposed use is allowed under the same zoning district use classification as the previous use, however replacement of nonconforming uses must comply with the provisions of Chapter 18.60, BMC; 2. Changes proposed for the site, singly or cumulatively, do not increase lot coverage by buildings, storage areas, parking areas or impervious surfaces and/or do not result in an increase in intensity of use as measured by parking requirements, traffic generation or other measurable off-site impacts; a. By more than 20 percent for developments not meeting one or more of the criteria of §18.34.040.C; OR b. By more than 10 percent for developments meeting or exceeding one or more of the criteria of §18.34.040.C; 209 Ordinance 1809 markup text Page 19 of 19 3. The proposed use does not continue any unsafe or hazardous conditions previously existing on the site or associated with the proposed use of the property. D. If it is determined that the proposed reuse, change in use or further development of a site contains significant alterations to the previous use and/or site, the application shall be resubmitted as a new application and shall be subject to all plan review and approval provisions of this chapter. E. When proposals for reuse, change in use or further development of a site are located in the neighborhood conservation or entryway corridor overlay districts, review by ADR staff or the DRB may be required to determine whether resubmittal as a new application is necessary. 18.34.160 IMPROVEMENTS TO EXISTING DEVELOPED SITES INDEPENDENT OF SITE PLAN REVIEW The continued improvement of existing developed sites is desired to increase the level of compliance with the provisions of this title and to encourage maintenance and viability of the site. An applicant may propose improvements, not in association with a plan review, to increase conformity with the standards of this title for landscaping, lighting, parking or similar components of a site to occur over a defined period of time, not to exceed three years. Such improvements shall be depicted on a site plan drawn to scale and which shall be sufficiently detailed to clearly depict the current conditions, the intended end result of the proposed improvements and any phasing of work. Such improvements shall be reviewed by and approved at the discretion of the Planning Director. The Planning Director review authority which may require surety in accordance with the terms of Chapter 18.74, BMC for work performed. A certificate of appropriateness may be required if the site is located within the entryway overlay district or the neighborhood conservation overlay district. 18.34.170 BUILDING PERMITS BASED UPON APPROVED SKETCH OR SITE PLANS Based upon the approved sketch or final site plan and after any appeals have been resolved, a building permit for the site may be requested and may be granted pursuant to Chapter 18.64, BMC. No building permit may be granted on the basis of an approved sketch or site plan whose approval has expired. 18.34.180 APPEALS Appeals of decisions rendered in conjunction with this chapter may be taken as set forth in Chapter 18.66, BMC. In such event, any plan review approval and associated right to proceed with development shall be stayed until the appeal process has been completed. 210 STAFF REPORT UDO TEXT AMENDMENTS FILE NO. #Z-11021 #Z-11021 Ord. 1809 City Initiated UDO Text Amendment Staff Report 1 Item: Unified Development Ordinance Text Amendment Application #Z-11021, Ord. 1809 to replace entirely Chapter 18.34 Site Plan Review to clarify text, include site plan phasing, limit duration of special temporary use permits, allow greater flexibility of modification to conditional use permits, cap the maximum duration of master site plan approvals; and to amend Section 18.64.010 to allow the Planning Director to approval master site plans; Applicant: Bozeman City Commission P.O. Box 1230 Bozeman, MT 59771-1230 Representative: Department of Planning and Community Development P.O. Box 1230 Bozeman, MT 59771-1230 Date/Time: Before the Bozeman Zoning Commission on Tuesday, June 7, 2011 at 6:00 p.m. in the Commission Room, City Hall 121 N Rouse Avenue, Bozeman, Montana. Before the Bozeman City Commission on Monday, June 27, 2011 at 6:00 p.m. in the Commission Room, City Hall, 121 North Rouse Avenue, Bozeman, Montana. Report By: Chris Saunders, Interim Director of Planning and Community Development PROJECT LOCATION This amendment process does not alter the boundaries of zoning districts. The proposed edits apply city- wide. PROPOSAL AND BACKGROUND INFORMATION The City monitors its regulations to ensure that they are effective and consistent with the purposes for which they were created and in balance with a broad range of community priorities. From time to time various possible changes are identified which have potential to improve effectiveness and balance. Revisions to state law may also require amendment to local ordinances. The site development review process established in Chapter 18.34 is essential to the well being of the citizens and institutions of Bozeman. The site plan process provides a legal mechanism to identify, avoid, and mitigate harmful impacts resulting from development. The plan review process allows for the review and verification of other adopted standards for development. Years of experience administering the chapter have allowed staff and others to identify ways to improve the process. Given the extensive rearrangement of text the entire chapter is simply being replaced. A copy of the text containing underlines and strikeouts is provided to enable the public to see the material changes. The implementing ordinance simply shows the entirely new text. Many of the changes are clarifications and refinements of existing processes. The substantive changes are: 211 #Z-11021 Ord. 1809 City Initiated UDO Text Amendment Staff Report 2 1) Explicitly including procedures and mechanisms to address multiple phases in a single development. With the change in economic climate, there is a need to be able to generally plan an overall development for purposes of coordinating site design, utilities, etc., but be able to construct it in reasonable increments. 2) Allow more flexibility for Conditional Use Permits to be altered in the same manner as site plans have in the past. The current requirement to process a new CUP to make even minor changes has been found to be disproportionately complex to many incremental changes necessitated by evolving business needs. 3) Establish more specific criteria for extensions of approvals, especially for multi-phased projects to maintain clarity and consistency in code administration over time. 4) Authorize the Planning Director to grant preliminary approval for master site plans. With the use of master site plans to address phased developments this encourages utilization of this tool and reduces processing time for applications. Any master site plan requiring a deviation or variance will still go to the City Commission. REVIEW CRITERIA The Zoning Commission criteria for review are established in statute. The analysis below notes that review criteria are met with the term ‘yes’; are not met with the term ‘no’; or are not materially affected with the term ‘neutral’. This report is a summary of the Staff’s analysis. Interpretation and application of the Unified Development Ordinance must take into account the document as a whole. If a substantial change is made then a particular point may be emphasized. To prevent redundancy, when an earlier review criterion has addressed an issue a later review criterion addressing the same issue may refer back to the prior answer. According to Section 18.68.020 of the Unified Development Ordinance (UDO), the Bozeman Zoning Commission shall cause to be made an investigation of facts bearing on each UDO text amendment application relevant to zoning. The Zoning Commission must review the information they consider necessary to assure that the action of each UDO text amendment application is consistent with the intent and purpose of the UDO. Specifically, the investigation must address the following criteria as required in Section 76-2-304, Montana Code Annotated. Section 76-2-304, MCA Criteria A. Be in accordance with a growth policy. Yes. Overall, the Bozeman Community Plan encourages quality of design and protection of the public safety. Generally applicable principles are illustrated by the following excerpts from the Bozeman Community Plan. The various changes proposed in Ordinance 1804 are consistent with the principles of the growth policy. “Objective G-2.4: Develop a balanced system of regulatory requirements, programs, and incentives to ensure that development within the Planning Area is in compliance with the Bozeman Community Plan.” - The revisions to sign area related to site orientation are an incentive to place buildings and parking in a manner consistent with the goals of this growth policy. The revisions to certificate of appropriateness standards for certain exemptions from review procedures encourages the use of those construction types found to be appropriate for historic preservation. Revisions to the parkland requirements in the B-3 district will remove a disincentive to development of additional downtown housing as advocated in the 2nd implementation strategy in the Downtown Bozeman Improvement Plan, 212 #Z-11021 Ord. 1809 City Initiated UDO Text Amendment Staff Report 3 a neighborhood plan, under the growth policy. Chapter 4, Community Quality, Section 4.1, Intent and Background. “In many ways, the perceived image of a community affects the quality of life enjoyed by current residents, influences the desirability of the community to newcomers and visitors, and ultimately impacts its economic viability…. Community Quality extends from the framework of the City, that which supports it and gives it physical form (streets, utilities, trails, natural features) to the individual architectural details and materials used on new buildings.” Chapter 8, Economic Development, Section 8.3 Economic Development Goals and Objectives, “Objective ED-1.3: Foster a positive economic climate through a well managed and aesthetically pleasing built environment, and by maintaining a beautiful and healthy natural environment to promote and attract businesses with a desirable impact on the community.” Section 13.3, Disaster and Emergency Preparedness Goals and Objectives, “Goal D-2: Recognize and strive to address both chronic as well as acute hazards and the effect of cumulative actions on increasing or decreasing hazards. Rationale: While some problems occur quickly and have obvious impacts, others can be inconspicuous and only recognized after longer term evaluation. Some problems, like flooding, can be increased incrementally by actions that individually are not significant. However, as many actions are taken the cumulative effect can result in a substantially increased hazard level and impact to the community.” Goal G-2: Implementation – Ensure that all regulatory and non-regulatory implementation actions undertaken by the City to achieve the goals and objectives of this plan are effective, fair, and are reviewed for consistency with this plan on a regular basis. Objective G-2.4: Develop a balanced system of regulatory requirements, programs, and incentives to ensure that development within the Planning Area is in compliance with the Bozeman Community Plan. B. The effect on motorized and non-motorized transportation systems. Yes. The amendments as presented have only small immediate impacts on transportation. See also H below. C. Secure safety from fire, panic, and other dangers. Neutral. It is not expected that these subjects will be affected by these amendments. Most of the amendments are procedural in nature. D. Promote public health, public safety, and general welfare. Yes. The amendments improve the general welfare by advancing the goals and objectives of the growth policy as described in A, above. E. Reasonable provision of adequate light and air. Neutral. None of the edits change setbacks, required area per dwelling, parks or open space, or allowed lot coverage. F. Prevention of overcrowding of land. Neutral. These amendments are not altering requirements for lot coverage or building density. Objectively, overcrowding is a condition where the use of land overwhelms the ability of infrastructure and buildings to meet the needs of users. This functional problem is addressed by ensuring the installation of water, sewer, transportation, and other services. See H below. 213 #Z-11021 Ord. 1809 City Initiated UDO Text Amendment Staff Report 4 G. Avoiding undue concentration of population. Neutral. The proposed amendments do not change standards for density of population. H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirement. Yes. The amendments address phasing of multi-year projects. The appropriate phasing of infrastructure to correspond to development helps ensure than infrastructure is installed as needed and avoids deficiencies. The amendments also improve the process to review proposed changes to existing developed sites. This will help to ensure that existing sites maintain compliance with infrastructure standards. I. Conserving the value of buildings. Yes. These proposed changes improve and make more consistent the procedures for reviewing the proposed reuse or further development of existing sites. A more predictable process removes uncertainty which can be an impediment to reinvestment. J. Character of the district. Yes. The primary character giving standards of the various zoning districts remain essentially unchanged. K. Peculiar suitability for particular uses. Neutral. The amendments are not specific to a particular parcel but are procedural in nature. L. Encourage the most appropriate use of land throughout the jurisdictional area. Neutral. These amendments will not alter the uses allowed in zoning districts or the boundaries of the districts. M. Promotion of Compatible Urban Growth. Yes. The proposed amendments do not expand the development area of the City or change the allowed land uses in the zoning districts. The changes do facilitate the development within the City of phased projects. This supports development within the City’s urbanized area. STAFF FINDINGS/CONCLUSION Planning Staff has reviewed this application for a Unified Development Ordinance text amendment against the criteria set forth in statute and reflected in the Unified Development Ordinance. Staff’s analysis finds that this application is consistent with or does not conflict with the required criteria. Pursuant to Sections 76-2-304, Montana Codes Annotated, the Zoning Commission reviewed the Unified Development Ordinance text amendment application to determine if the proposed zoning change met the requirements of the adopted Growth Policy, state statute, and other adopted state and local ordinances. PUBLIC COMMENT No public comment had been received when this report was prepared. In the case of protest against these changes signed by the owners of 25% or more of either of the area of the lots included in the proposed change; or those lots 150 feet from a lot included in a proposed change, such amendment may not become effective except upon a favorable vote of two-thirds of the present and 214 #Z-11021 Ord. 1809 City Initiated UDO Text Amendment Staff Report 5 voting members of the City Commission. ATTACHMENTS Application form Initial draft of Ordinance 1809 Sample text showing the proposed amendments Zoning Commission Resolution Z-11021 [to be provided after zoning commission action] Zoning Commission draft minutes [to be provided after zoning commission action] 215 Page 1 of 3 RESOLUTION #Z-11021 RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING APPROVAL OF AN APPLICATION FOR A UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT APPLICATION THAT WOULD CREATE CHAPTER 2.65 ZONING COMMISSION DESCRIBING DUTIES, COMPOSITION, AND RELATED MATTERS FOR A MUNICIPAL ZONING COMMISSION; AMEND CHAPTER 18.28 NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT TO CREATE CERTAIN EXEMPTIONS FROM REQUIREMENT TO OBTAIN A CERTIFICATE OF APPROPRIATENESS BEFORE BEGINNING CONSTRUCTION AND CLARIFYING TEXT OF THE CHAPTER; REPLACE ENTIRELY CHAPTER 18.34 SITE PLAN REVIEW TO CLARIFY TEXT, INCLUDE SITE PLAN PHASING, LIMIT DURATION OF SPECIAL TEMPORARY USE PERMITS, ALLOW GREATER FLEXIBILITY OF MODIFICATION TO CONDITIONAL USE PERMITS, CAP THE MAXIMUM DURATION OF MASTER SITE PLAN APPROVALS; AMEND SECTION 18.42.170, TRASH AND GARBAGE ENCLOSURES TO REQUIRE CONTAINMENT OF CONSTRUCTION DEBRIS; AMEND CHAPTER 18.50 PARK AND RECREATION REQUIREMENTS AND SPECIFICALLY SECTION 18.50.030 CASH DONATION IN- LIEU OF LAND DEDICATION TO MODIFY HOW THE REQUIREMENT FOR PROVISION OF PARKLAND IS HANDLED IN THE B-3, CENTRAL BUSINESS DISTRICT; AMEND CHAPTER 18.52 SIGNS, INCLUDING BUT NOT LIMITED TO SECTION 18.52.020 TO EXEMPT MURALS FROM REGULATION AS SIGNS, SECTION 18.52.050 TO MODIFY DETERMINATION OF WINDOW SIGN AREA, SECTION 18.52.060 TO MODIFY THE FORMULA FOR DETERMINING ALLOWED SIGN AREA ON A LOT, AND SECTION 18.52.130 ADDING A CROSS REFERENCE TO CITY STANDARDS FOR ADDRESSING; AMEND SECTION 18.64.010 TO ALLOW THE PLANNING DIRECTOR TO APPROVAL MASTER SITE PLANS; AMEND SECTION 18.64.160 VIOLATION-PENALTY-ASSISTING OR ABETTING- ADDITIONAL REMEDIES TO CLARIFY APPLICATION OF EXISTING ENFORCEMENT OPTIONS AND AUTHORIZING RECORDING OF ACTIONS TO RESOLVE NON-COMPLIANCE; CREATE A NEW SECTION 18.80.1945 DEFINING A MURAL; AND AMEND SECTION 18.80.3210 THE DEFINITION OF WINDOW SIGN. WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map through its Unified Development Ordinance pursuant to Sections 76-2-301, and 76-2-302 M.C.A.; and WHEREAS, Section 76-2-305, M.C.A. allows local governments to amend zoning regulations if a public hearing is held and official notice is provided; and 216 Page 2 of 3 WHEREAS, Section 76-2-307, M.C.A. states that the Zoning Commission must conduct a public hearing and submit a report to the City Commission for all zoning regulation amendment requests; and WHEREAS, the City of Bozeman Zoning Commission has been created by ordinance and definition in Section 18.80.3250; and WHEREAS, Chapter 18.68 of the Bozeman Unified Development Ordinance sets forth the procedures and review criteria for amendments to the text of Title 18, Unified Development Ordinance; and WHEREAS, the City of Bozeman applied for a Unified Development Ordinance text amendment, pursuant to Chapter 18.68 of the Bozeman Unified Development Ordinance, to modify multiple sections of the Unified Development Ordinance; and WHEREAS, the proposed text amendment request has been properly submitted, reviewed and advertised in accordance with the procedures set forth in the Bozeman Unified Development Ordinance and Title 76, Chapter 2, Part 3, M.C.A.; and WHEREAS, the City of Bozeman Zoning Commission held two public hearings on June 7, 2011, to formally receive and review all written and oral testimony on the proposed text amendments contained in draft ordinances 1804 and 1809; and WHEREAS, no members of the public submitted written or oral testimony on the proposed text amendments and two public agencies reviewed the draft text and supported the changes; and WHEREAS, the Zoning Commission discussed the offered comments and Staff’s suggested response and the proposed amendments; and WHEREAS, after considering staff’s recommendation and discussion amongst Zoning Commission members, the Zoning Commission found that the application complied with the Review Criteria; NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning Commission officially recommends on a vote of 3 to 0 to the Bozeman City Commission that the City Commission adopt the recommended amendments in draft Ordinance 1804; and BE IT FURTHER RESOLVED that the City of Bozeman Zoning Commission officially recommends on a vote of 3 to 0 to the Bozeman City Commission that the City Commission adopt the recommended amendments in draft Ordinance 1809. DATED THIS DAY OF , 2011, Resolution #Z-11021 217 Page 3 of 3 _____________________________ ____________________________ Tim McHarg, Director Ed Sypinski, Chairperson Dept. of Planning & Community Development Bozeman Zoning Commission 218 ZONING COMMISSION MINUTES TUESDAY, JUNE 7, 2011 ITEM 1. CALL TO ORDER AND ATTENDANCE Chairperson Sypinski called the meeting to order at 6:04 p.m. and ordered the Recording Secretary to take attendance. Members Present: Ed Sypinski, Chairperson Nathan Minnick, Vice Chairperson David Peck City Commission Liaison Chris Mehl Members Absent: Staff Present: Chris Saunders, Assistant Planning Director Tara Hastie, Recording Secretary Guests Present: Kelly Kapinos Kip Kapinos ITEM 2. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the Zoning Commission and not scheduled on this agenda. Three-minute time limit per speaker.} Seeing there was no general public comment forthcoming, Chairperson Sypinski closed this portion of the meeting. ITEM 3. MINUTES OF MAY 17, 2011 MOTION: Vice Chairperson Minnick moved, Mr. Peck seconded, to approve the minutes of May 17, 2011 as presented. The motion carried 3-0. Those voting aye being Chairperson Sypinski, Mr. Peck, and Vice Chairperson Minnick. Those voting nay being none. ITEM 4. PROJECT REVIEW Chairperson Sypinski reversed the order of the items under project review. 2. U.D.O Edits ZCA #Z-11021 – Ordinance #1804 City initiated code changes to create Chapter 2.65 Zoning Commission and to amend Sections 18.28.010.A - Intent and Purpose, 18.28.040 - Certificate of Appropriateness, 18.28.070 - Deviations from Underlying Zoning Requirements, Page 1 of 5 Zoning Commission Minutes – June 7, 2011 219 18.28.090 – Appeals, 18.42.170 – Trash and Garbage Enclosures, 18.50.030 - Cash Donation In- lieu of Land Dedication, 18.64.160 - Violation - Penalty - Assisting or Abetting - Additional Remedies, 18.66.030.C - Filing of Notice of Appeal, 18.66.040.A – Administrative Interpretation Appeals, 18.70.030 - Public Hearing Procedures and Requirements, 18.80.1945 – Mural, 18.80.3210 – Window Sign. Additional sections may be amended which are relevant to the same topics if a need to do so is identified during the public review process. (Saunders) Assistant Planning Director Chris Saunders presented the Staff Report noting the draft ordinance and Staff report were available on the City’s website along with the notice for the proposal. He stated the proposed ordinance would put the Zoning Commission under the same statutory organization as other main advisory bodies and would define membership as well as jurisdiction. He stated the City was a self governing power which can mean there is additional flexibility, but for Zoning the City must comply with the State requirements of authorizing statute. Assistant Director Saunders stated the Historic Preservation Advisory Board and Staff had discussions regarding the proposed amendment to exempt certain types of work from the Certificate of Appropriateness review process; he stated the exceptions were limited and addressed roofing, fencing, smaller scale accessory buildings, and egress windows in the older part of Bozeman. Assistant Director Saunders noted that a provision to corral construction waste would also be included due to the number of complaints regarding construction debris. He noted modifications to required parkland were also being proposed for the B-3 zoning district downtown and would include a default option for cash-in-lieu and the approval authority would be delegated to the Planning Director. He stated the purpose for the combination of changes was to simplify the review process and requirements for downtown Bozeman. Assistant Director Saunders stated that there was a group of edits pertaining to signage; the definition of a mural had been created and the proposed language more clearly indicated what would be a mural so it could be exempted from requirements and what was signage so there was no question when each definition applied. He directed the Zoning Commission to examples of window signage downtown to better depict what was being discussed. He noted the window divisions would play a factor in the allowable window signage amount. Chairperson Sypinski asked for clarification that each pane separated by a division of 4 or more inches would be aggregated in the calculation. Assistant Director Saunders responded Chairperson Sypinski was correct though each pane could be calculated individually. He added there were also proposed amendments to modify the allowable sign area as well as the sign area for secondary building frontages; the purpose was to find ways of counteracting a bias in the language as it exists and would encourage more of a streetscape with buildings being more closely presented to the street. He cited an example of a signage calculation under the current restrictions and noted the proposed code would allow 2 square feet for the first 50 feet instead of 1.5 square feet; it would make a significant difference for smaller buildings. He stated the sign area calculations for B-1 and R-O district would be modified for multi-tenant buildings as well as the requirements for a Comprehensive Signage Plan. Assistant Director Saunders stated the way the City would handle enforcement of zoning violations would also be clarified while zoning protests would be amended to reflect new Page 2 of 5 Zoning Commission Minutes – June 7, 2011 220 changes in State Law. He added the evening’s meeting was the first of two public hearings that had been scheduled for the proposal. He stated no public comment had been received for the proposal and the Historic Preservation as well as the Parks and Recreation Advisory Board Subdivision Committee were also supportive of the amendments; Staff would meet with the full Recreation and Parks Advisory Board later in the week. Chairperson Sypinski suggested the Northeast Urban Renewal and North Seventh Urban Renewal Boards should also be consulted. Attorney Cooper stated existing subsection 18.64.160.E.2 required the City to release any pre- recorded non-compliance notice and asked why it had been proposed a second time. Assistant Director Saunders responded they were two different items and the proposed would address issues that had been resolved; the intent was to make a notice that the parcel had been reviewed and what had been approved prior to someone’s purchase arrangements. Chairperson Sypinski opened the item for public comment. Seeing none forthcoming, the public comment period was closed. Vice Chairperson Minnick stated he thought the proposal was clear and stated he was supportive of the amendments as proposed; he added the Certificate of Appropriateness and sign amendments would really help expedite the process and would make signage more beneficial to local business owners. Chairperson Sypinski stated it was important to note that sections 1 & 6 as well as 8-18 were City wide while sections 2-5 were specific to the Conservation Overlay District, and some were specific to downtown Bozeman. He stated he found the application to be in keeping with the review criteria as set forth in the U.D.O. and would possibly improve some of the conditions set forth in the review criteria. He stated he was supportive of the proposal with Staff findings as outlined in the Staff Report. MOTION: Vice Chairperson Minnick moved, Mr. Peck seconded, to forward a recommendation of approval to the City Commission for U.D.O. Edits ZCA #Z-11021 – Ordinance #1804 with Staff findings as outlined in the Staff Report. The motion carried 3-0. Those voting aye being Chairperson Sypinski, Mr. Peck, and Vice Chairperson Minnick. Those voting nay being none. 1. U.D.O Edits ZCA #Z-11021 – Ordinance #1809 Chapter 18.34 Site Plan Review to clarify text, include site plan phasing, limit duration of special temporary use permits, allow greater flexibility of modification to conditional use permits, cap the maximum duration of master site plan approvals and to amend Section 18.64.010 to allow the Planning Director to approve master site plans. Additional sections may be amended which are relevant to the same topics if a need to do so is identified during the public review process. (Saunders) Assistant Planning Director Chris Saunders presented the Staff Report noting Staff had been doing ongoing monitoring of the ordinance and had identified necessary changes. He stated the decision making authorities would be modified with regard to the City Commission, Board of Adjustment, and Planning Director. He stated the proposal included an allowance for the Planning Director to approve Master Site Plans if they had no Variances or Deviations proposed. Page 3 of 5 Zoning Commission Minutes – June 7, 2011 221 Assistant Director Saunders stated the creation of procedures to review zoning based development would never cause a deed to transfer land title to be filed with the Clerk and Recorder’s Office. He stated the amendments would expand the master site plan use for phasing of development. Assistant Director Saunders stated there would be modifications to the threshold for the review of the Design Review Board as the parking allocations were usually the trigger; a 90 space threshold would be more appropriate. He stated Special Temporary Use Permits would be restricted to one year increments and clarification of the reuse and redevelopment procedures had been included so it was clear they would be sketch plans. Assistant Director Saunders stated phasing would be included in several sections to provide clarity. He stated several sections had been consolidated as they were pertinent to the Conditional Use Permit process; modification to CUP approval would be handled as though it were a modification to an approved Final Site Plan. He added criteria for approval extensions and clarity of time frames for approvals would also be included. Mr. Mehl asked how Staff had decided on a five year approval. Assistant Director Saunders responded longer term approval seemed reasonable for phased developments and the language had been included in the original text. Assistant Director Saunders stated the City had been developed long before modern requirements had come about and noted Staff was modifying reuse/redevelopment procedures with regard to how aggressive the City should be on existing site circumstances. He stated the hearings had been noticed and other advisory bodies that would be impacted had been included. He stated Staff was supportive of the amendments and felt they met the criteria as set forth in the UDO. Chairperson Sypinski opened the item for public comment. Seeing none forthcoming, the public comment period was closed. Chairperson Sypinski stated a number of comments had been provided by the Zoning Commission at the Work Session discussion and added he felt more comfortable moving the proposal forward. He stated he felt the application was in keeping with the review criteria as set forth in the ordinance. Mr. Mehl asked for clarification of the City Commission’s right to reclaim jurisdiction of a project. Assistant Director Saunders responded that once the City Commission reclaimed jurisdiction, the Planning Director could not make a decision and the City Commission would have the approval authority, which could be appealed by the applicant. MOTION: Vice Chairperson Minnick moved, Mr. Peck seconded, to forward a recommendation of approval to the City Commission for U.D.O. Edits #Z-11021 – Ordinance #1809. The motion carried 3-0. Those voting aye being Chairperson Sypinski, Mr. Peck, and Vice Chairperson Minnick. Those voting nay being none. Page 4 of 5 Zoning Commission Minutes – June 7, 2011 222 Page 5 of 5 Zoning Commission Minutes – June 7, 2011 ITEM 5. NEW BUSINESS Chairperson Sypinski stated an application had been submitted to the City Commission for a new Zoning Commission member. ITEM 6. ADJOURNMENT The Zoning Commission meeting was adjourned at 7:05 p.m. Edward Sypinski, Chairperson Chris Saunders, Assistant Planning Director Zoning Commission Dept. of Planning & Community Development City of Bozeman City of Bozeman 223