HomeMy WebLinkAboutOrdinance No. 1830 & 1839.pdf
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Planning Director
SUBJECT: Zone Code Amendment #Z-12163 – First Reading and Preliminary Adoption of Ordinance 1830 to relocate the provisions establishing the Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove
duplicative standards for campgrounds and recreational vehicle parks, and amend Chapter 38 to
add cross references, remove redundant text, and improve various development standards; and
preliminarily adopt Ordinance 1839 revising provisions for water rights with development in section 38.23.180. Amend additional sections which are relevant to the same topic if a need to do so is identified during the public review process.
MEETING DATE: August 27, 2012
AGENDA ITEM TYPE: Action (Legislative Item)
RECOMMENDATION: Preliminarily adopt Ordinance 1830 amending the text of the Unified Development Code to relocate the provisions establishing the Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove duplicative
standards for campgrounds and recreational vehicle parks, and amend Chapter 38 to add cross
references, remove redundant text, and improve various development standards; and
preliminarily adopt Ordinance 1839 revising provisions for water rights with development in section 38.23.180.
RECOMMENDED MOTIONS: Motion 1 - “Having reviewed the application materials,
considered public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application Z-12163 and move to preliminarily approve Ordinance 1830 amending Chapter 2 and Chapter 38 of the Bozeman Municipal Code.” Motion 2 - “Having reviewed the application materials, considered public comment, and
considered all of the information presented, I hereby adopt the findings presented in the staff
report for application Z-12163, and move to preliminarily approve Ordinance 1839 amending the water rights provisions of Chapter 38 of the Bozeman Municipal Code and further to direct staff to make corresponding changes in Resolutions 3907 and 4095 to be acted upon at the time of the
final reading of ordinance 1839.”
BACKGROUND: The Zoning Commission and Planning Board considered this draft ordinance at a public hearing on July 31, 2012. There was no public comment. They recommend adoption of this ordinance.
289
Land use standards and procedures must be periodically updated to accommodate changing
community needs, priorities, regulatory requirements and changing knowledge. The City of
Bozeman continually monitors its Unified Development Code as it is applied to the community
and changing legal standards that need to be reflected in the text. Needed changes are identified as they arise and processed as opportunity permits.
The Department of Planning and Community Development processes hundreds of land
development applications a year. In the course of that activity portions of the standards are
identified which are not clear, are more difficult to administer than intended, are duplicative to other portions of the municipal code, or are otherwise in need of revision to improve them. The
recent codification process has made it easier to take a holistic look at the adopted standards of
the City. Some duplications and conflicts between different sections have been identified as a
result of this process. This set of code amendments is intended to address a large group of these
needed revisions and conflicts. Most of these changes are minor in nature and do not materially alter the standards. Some more substantive items are necessary to execute other decisions
previously made by the Commission on various code standards. Those considered as significant
changes are individually described below. Due to the ‘clean-up’ nature of this work there is a
broad scope of topics of individual changes, however all sections of the ordinance are related to
the single topic of land development standards.
After action by the Planning Board and Zoning Commission it was determined to be beneficial to
separate amendments to Section 38.23.180 into a separate ordinance. The edits were included in
the public notices published prior to the advisory board hearings and the City Commission
hearing. Ordinance 1839 now contains the amendments to water rights provisions. These edits interact with edits made in Ordinance 1827 to consolidate references to review authority.
Key components of the proposed amendments in Ordinance 1830 are:
1. Relocate the sections of code which establish the Wetlands Review Board and Design
Review Board from Chapter 38 to Chapter 2. Chapter 2 is the location within the municipal code where advisory boards and commissions are located. This change does
not alter the responsibility of the WRB or DRB but improves the organization of the
overall municipal code. (Sections 1 and 2 of Ordinance 1830)
2. As a consequence of the recent codification process several overlapping and duplicative
sections of code were identified. Most significant is Chapter 20, Article 2 which sets standards for campgrounds and recreational vehicles. These are duplicative to the
standards and processes in Chapter 38 and standards administered by the Health
Department for such facilities. It is proposed to remove the duplicative sections and retain
those portions which may be applicable to operations of City owned property. (Section 4
of Ordinance 1830)
3. The ordinance which created the new Residential Emphasis Mixed Use district (Ord.
1802) also created a new residential land use titled ‘group living’ which is defined in Sec.
38.42.1275 as “A building, portion of a building or a complex of buildings under unified
control and management which contains facilities for living, sleeping, sanitation, eating
and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may
be shared in whole or part.” Special standards for this use are adopted in Section
38.22.105 which enable it to have similar impact to existing principal residential uses.
This amendment considers application of this new use to other existing residential
districts. It is proposed to allow this residential use as a principal use in all residential
290
districts subject to standards and site plan review. (Sections 6, 16, and 25 of Ordinance
1830)
4. There are dimensional requirements for the areas, widths, and proportions of newly
created lots. For residential uses these minimum widths are set out in Table 38.08.040-2. It is proposed to allow a difference in lot width and proportions for those lots using alleys
for vehicle access. This is purely voluntary but is considered more responsive to the
unique characteristics of alley loaded lot development. (Section 8 and 19 of Ordinance
1830)
6. The City’s adopted sustainability plan encourages the development of multi-modal transportation. The edit provides an incentive to develop changing facilities with private
buildings which will support increased use of bicycles for commuting. See an attached
article on recent research in this area. This is an option for the developer to choose, it is
not a requirement. (Section 27 of Ordinance 1830)
7. The City has recently amended its site plan process to provide more phasing options. Therefore, the need for artificial lots is addressed in an alternate manner and are now
unnecessary. The artificial lot provisions have caused some confusion in how
development review should occur. It is therefore proposed to remove this part of the
landscaping requirements. (Section 29 of Ordinance 1830)
8. A recent federal district court decision on non-conforming uses in Billings, MT provides a clarified standard for when non-conforming uses are considered destroyed. This edit
substitutes this most recent language for the existing language. (Sections 35, 36, and 51
of Ordinance 1830)
Key components of the proposed amendments in Ordinance 1830 are:
1. The City obtains water rights or cash-in-lieu of water rights as a basic mitigation of
development impact. The City Commission recently requested a modification in how this
requirement is executed for smaller parcels which are annexing. This change implements
this requested change by allowing for deferral of most mitigation until time of
development.
2. Clarify the language to emphasize that it is the City’s discretion to evaluate the functional
value of proposed water rights transfers and that they are suitable for municipal use.
3. Clarify how to address initial development where it is probable that additional review
subject to provision of water rights will occur in the future.
UNRESOLVED ISSUES: Does the City Commission wish to proceed with the proposed
amendments?
ALTERNATIVES: The City Commission could decline to approve the ordinance or could
propose alternative text.
FISCAL EFFECTS: This Zone Code Amendment and Ordinance does not have a direct expense to the City.
Attachments: Ordinances 1830 and 1839
Staff report
Zoning Commission minutes and resolution
291
Planning Board minutes and resolution
Study in support of bicycle parking facilities
Resolutions 3907 and 4095
Report compiled on: August 16, 2012
292
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Planning Director
SUBJECT: Zone Code Amendment #Z-12163 – First Reading and Preliminary Adoption of Ordinance 1830 to relocate the provisions establishing the Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove
duplicative standards for campgrounds and recreational vehicle parks, and amend Chapter 38 to
add cross references, remove redundant text, and improve various development standards; and
preliminarily adopt Ordinance 1839 revising provisions for water rights with development in section 38.23.180. Amend additional sections which are relevant to the same topic if a need to do so is identified during the public review process.
MEETING DATE: August 27, 2012
AGENDA ITEM TYPE: Action (Legislative Item)
RECOMMENDATION: Preliminarily adopt Ordinance 1830 amending the text of the Unified Development Code to relocate the provisions establishing the Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove duplicative
standards for campgrounds and recreational vehicle parks, and amend Chapter 38 to add cross
references, remove redundant text, and improve various development standards; and
preliminarily adopt Ordinance 1839 revising provisions for water rights with development in section 38.23.180.
RECOMMENDED MOTIONS: Motion 1 - “Having reviewed the application materials,
considered public comment, and considered all of the information presented, I hereby adopt the
findings presented in the staff report for application Z-12163 and move to preliminarily approve Ordinance 1830 amending Chapter 2 and Chapter 38 of the Bozeman Municipal Code.” Motion 2 - “Having reviewed the application materials, considered public comment, and
considered all of the information presented, I hereby adopt the findings presented in the staff
report for application Z-12163, and move to preliminarily approve Ordinance 1839 amending the water rights provisions of Chapter 38 of the Bozeman Municipal Code and further to direct staff to make corresponding changes in Resolutions 3907 and 4095 to be acted upon at the time of the
final reading of ordinance 1839.”
BACKGROUND: The Zoning Commission and Planning Board considered this draft ordinance at a public hearing on July 31, 2012. There was no public comment. They recommend adoption of this ordinance.
293
Land use standards and procedures must be periodically updated to accommodate changing
community needs, priorities, regulatory requirements and changing knowledge. The City of
Bozeman continually monitors its Unified Development Code as it is applied to the community
and changing legal standards that need to be reflected in the text. Needed changes are identified as they arise and processed as opportunity permits.
The Department of Planning and Community Development processes hundreds of land
development applications a year. In the course of that activity portions of the standards are
identified which are not clear, are more difficult to administer than intended, are duplicative to other portions of the municipal code, or are otherwise in need of revision to improve them. The
recent codification process has made it easier to take a holistic look at the adopted standards of
the City. Some duplications and conflicts between different sections have been identified as a
result of this process. This set of code amendments is intended to address a large group of these
needed revisions and conflicts. Most of these changes are minor in nature and do not materially alter the standards. Some more substantive items are necessary to execute other decisions
previously made by the Commission on various code standards. Those considered as significant
changes are individually described below. Due to the ‘clean-up’ nature of this work there is a
broad scope of topics of individual changes, however all sections of the ordinance are related to
the single topic of land development standards.
After action by the Planning Board and Zoning Commission it was determined to be beneficial to
separate amendments to Section 38.23.180 into a separate ordinance. The edits were included in
the public notices published prior to the advisory board hearings and the City Commission
hearing. Ordinance 1839 now contains the amendments to water rights provisions. These edits interact with edits made in Ordinance 1827 to consolidate references to review authority.
Key components of the proposed amendments in Ordinance 1830 are:
1. Relocate the sections of code which establish the Wetlands Review Board and Design
Review Board from Chapter 38 to Chapter 2. Chapter 2 is the location within the municipal code where advisory boards and commissions are located. This change does
not alter the responsibility of the WRB or DRB but improves the organization of the
overall municipal code. (Sections 1 and 2 of Ordinance 1830)
2. As a consequence of the recent codification process several overlapping and duplicative
sections of code were identified. Most significant is Chapter 20, Article 2 which sets standards for campgrounds and recreational vehicles. These are duplicative to the
standards and processes in Chapter 38 and standards administered by the Health
Department for such facilities. It is proposed to remove the duplicative sections and retain
those portions which may be applicable to operations of City owned property. (Section 4
of Ordinance 1830)
3. The ordinance which created the new Residential Emphasis Mixed Use district (Ord.
1802) also created a new residential land use titled ‘group living’ which is defined in Sec.
38.42.1275 as “A building, portion of a building or a complex of buildings under unified
control and management which contains facilities for living, sleeping, sanitation, eating
and cooking for occupancy for residential uses; and which does not otherwise meet the definition of another residential use defined in this chapter. Eating and cooking areas may
be shared in whole or part.” Special standards for this use are adopted in Section
38.22.105 which enable it to have similar impact to existing principal residential uses.
This amendment considers application of this new use to other existing residential
districts. It is proposed to allow this residential use as a principal use in all residential
294
districts subject to standards and site plan review. (Sections 6, 16, and 25 of Ordinance
1830)
4. There are dimensional requirements for the areas, widths, and proportions of newly
created lots. For residential uses these minimum widths are set out in Table 38.08.040-2. It is proposed to allow a difference in lot width and proportions for those lots using alleys
for vehicle access. This is purely voluntary but is considered more responsive to the
unique characteristics of alley loaded lot development. (Section 8 and 19 of Ordinance
1830)
6. The City’s adopted sustainability plan encourages the development of multi-modal transportation. The edit provides an incentive to develop changing facilities with private
buildings which will support increased use of bicycles for commuting. See an attached
article on recent research in this area. This is an option for the developer to choose, it is
not a requirement. (Section 27 of Ordinance 1830)
7. The City has recently amended its site plan process to provide more phasing options. Therefore, the need for artificial lots is addressed in an alternate manner and are now
unnecessary. The artificial lot provisions have caused some confusion in how
development review should occur. It is therefore proposed to remove this part of the
landscaping requirements. (Section 29 of Ordinance 1830)
8. A recent federal district court decision on non-conforming uses in Billings, MT provides a clarified standard for when non-conforming uses are considered destroyed. This edit
substitutes this most recent language for the existing language. (Sections 35, 36, and 51
of Ordinance 1830)
Key components of the proposed amendments in Ordinance 1830 are:
1. The City obtains water rights or cash-in-lieu of water rights as a basic mitigation of
development impact. The City Commission recently requested a modification in how this
requirement is executed for smaller parcels which are annexing. This change implements
this requested change by allowing for deferral of most mitigation until time of
development.
2. Clarify the language to emphasize that it is the City’s discretion to evaluate the functional
value of proposed water rights transfers and that they are suitable for municipal use.
3. Clarify how to address initial development where it is probable that additional review
subject to provision of water rights will occur in the future.
UNRESOLVED ISSUES: Does the City Commission wish to proceed with the proposed
amendments?
ALTERNATIVES: The City Commission could decline to approve the ordinance or could
propose alternative text.
FISCAL EFFECTS: This Zone Code Amendment and Ordinance does not have a direct expense to the City.
Attachments: Ordinances 1830 and 1839
Staff report
Zoning Commission minutes and resolution
295
Planning Board minutes and resolution
Study in support of bicycle parking facilities
Resolutions 3907 and 4095
Report compiled on: August 16, 2012
296
Page 1 of 6
ORDINANCE NO. 1839
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE
AMENDED BY AMENDING SECTION 38.23.180 MODIFYING HOW WATER
RIGHTS ARE DETERMINED AS ACCEPTABLE BY THE CITY AND THE TIMING
OF WHEN THEY MUST BE PROVIDED.
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 and Planning Board held a joint public
hearing on July 31, 2012 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
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Page 2 of 6
WHEREAS, as shown in Resolution Z-12163, the Bozeman Zoning Commission and
Planning Board recommended to the Bozeman City Commission that the proposed Unified
Development Ordinance text amendments be approved; and
WHEREAS, after the public hearing it was determined beneficial to separate the
amendments to Section 38.23.180 from the other amendments in draft Ordinance 1830 and a
separate Ordinance 1839 was crafted; and
WHEREAS, after proper notice, the City Commission held a public hearing on August
27, 2012, 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 on August 27th, 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
Section 38.23.180 of the Bozeman Municipal Code be amended so that such section shall read as
follows:
Sec. 38.23.180. - Water rights.
A. Prior to a final approval of all development reviewed as a site plan, conditional use permit,
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Page 3 of 6
planned unit development, or subdivision and prior to an annexation of any land, one of the
following must occur:
1. Payment shall be made to the city of a payment-in-lieu of water rights calculated based
on the annual demand for volume of water the development will require multiplied by the most current annual unit price; or
2. The city may elect to accept a transfer to the city of ownership of water rights if the
water rights proposed to be transferred are legally and physically adequate as determined by
the city to provide the annual volume of water the development will require. A transfer of
ownership of water rights must be in a form and manner suitable for municipal purposes and as approved by the review authority director of public services.
B. If adequate water rights or a payment-in-lieu was previously provided to the city for the
subject property, evidence of those rights or payment-in-lieu may be offered to demonstrate
compliance with this section. If the expected demand for water by the proposed development
increases by more than one acre-foot over that for which water rights or payment-in-lieu of water rights were previously provided, additional water rights or payment-in-lieu of water rights
pursuant to subsection A equal to the difference between the previously provided water rights or
payment-in-lieu and the estimated current demand or payment-in-lieu price shall be provided.
C. Provision of water rights or payment-in-lieu may be deferred:
1. By phase for phased developments.;
2. For annexations of vacant land when the annexation is in excess of ten acres.
3.For annexation of parcels of ten acres or less or for any size parcel if development exists
on the area being annexed prior to the annexation and provision of water rights or payment-in-
lieu pursuant to subsection A is provided at the time of annexation for the uses present on the
site at the time of annexation. Subsequent development is subject to the provisions of subsection A.
3.For additional development beyond one dwelling unit per lot for lots zoned residential
within a subdivision if water rights or payment-in-lieu is provided pursuant to subsection A prior
to final plat for at least one residential unit on that lot. Additional development requires
compliance with this section.
D. The city manager may adopt administrative procedures to implement this section. The
director of public services shall adopt standards for the calculation of demand for water use. The
city commission shall establish the unit cost for payment-in-lieu shall be established by
resolution.
E. The amount paid for a payment-in-lieu shall be calculated using the per unit price in effect on the date the payment-in-lieu of water rights is to be made to the city.
Section 2
Repealer
299
Page 4 of 6
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 3
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 4
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 5
Codification
The provisions of Section 1 shall be codified as appropriate in Chapter 38 of the Bozeman Municipal Code.
Section 6
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 _______, 2012.
____________________________________
300
Page 5 of 6
SEAN A. BECKER 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 __________, __, 2012.
____________________________________
SEAN A. BECKER
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN City Attorney
301
CITY COMMISSION/ZONING COMMISSION/PLANNING BOARD STAFF REPORT
UDC TEXT AMENDMENT FILE NO. #Z-12163
#Z-12163 UDC Text Amendment Staff Report Page 1 of 10
Item: Unified Development Code Text Amendment Application #Z-12163, a
request to amend the text of the Unified Development Code to relocate the
provisions establishing the Design Review Board and Wetlands Review
Board from Chapter 38 to Chapter 2, Amend Chapter 20 to remove
duplicative standards for campgrounds and recreational vehicle parks, and
amend Chapter 38 to add cross references, remove redundant text, and
improve various development standards. Amend additional sections which
are relevant to the same topic if a need to do so is identified during the public
review process.
Applicant(s): City of Bozeman, PO Box 1230, bozeman MT 59771
Date/Time: Before the Bozeman Zoning Commission and Planning Board on Tuesday,
July 31, 2012 at 6:30 p.m. in the Commission Room, City Hall, 121 North
Rouse Avenue, Bozeman, Montana. Before the Bozeman City Commission
on Monday, August 20, 2012 at 6:00 p.m. in the Commission Room, City
Hall, 121 North Rouse Avenue, Bozeman, Montana.
Report By: Chris Saunders, Assistant Director
Recommendation: Approval
Suggested Motion: “Having heard and considered public comment, I hereby adopt the findings
presented in the staff report and move to recommend approval of the text
amendments to Chapter 2, Chapter 20, and Chapter 38 of the Bozeman
Municipal Code as included in the draft Ordinance 1830 as requested in
application Z-12163.”
PROJECT LOCATION
Most of the proposed edits are applicable throughout the boundaries of the City of Bozeman. Sections 8-
11, 18, and 28 apply through various residential zoning districts as shown on the official zoning map. Section 36 and 37 apply to the Urban Mixed Use district as shown on the official zoning map.
PROPOSAL AND BACKGROUND INFORMATION
The Department of Planning and Community Development processes hundreds of land development
applications a year. In the course of that activity portions of the standards are identified which are not
clear, are more difficult to administer than intended, are duplicative to other portions of the municipal code, or are otherwise in need of revision to improve them. This set of code amendments is intended to address a large group of these revisions. Most of these changes are minor in nature and do not materially
alter the standards. Those considered as significant changes are individually described below.
303
#Z-12163 UDC Text Amendment Staff Report Page 2 of 10
The City of Bozeman has adopted a unified development code for land development which includes
both subdivision and zoning activities. The state statues require two different advisory bodies for
planning and zoning actions. Because there is a blend of subjects this ordinance is being considered at a
joint public hearing. The Zoning Commission is charged with commenting on all of the proposed edits. The Planning Board needs to specifically act only on Sections 6, 7, 10, 21, and 45 as these are the
sections which specifically affect the subdivision process.
Key components of the proposed amendments:
1. Relocate the sections of code which establish the Wetlands Review Board and Design Review
Board from Chapter 38 to Chapter 2. Chapter 2 is the location within the municipal code where advisory boards and commissions are located. This change does not alter the responsibility of the
WRB or DRB but improves the organization of the overall municipal code. (Sections 2 and 4 of
Ordinance 1830)
2. As a consequence of the recent codification process several overlapping and duplicative sections
of code were identified. Most significant is Chapter 20, Article 2 which sets standards for campgrounds and recreational vehicles. These are duplicative to the standards and processes in
Chapter 38 and standards administered by the Health Department for such facilities. It is
proposed to remove the duplicative sections and retain those portions which may be applicable to
operations of City owned property. (Section 6 of Ordinance 1830)
3. The City recently adopted a new zoning district, Residential Emphasis Mixed Use. This ordinance also created a new residential land use titled ‘group living’ which is defined in Sec.
38.42.1275 as “A building, portion of a building or a complex of buildings under unified control
and management which contains facilities for living, sleeping, sanitation, eating and cooking for
occupancy for residential uses; and which does not otherwise meet the definition of another
residential use defined in this chapter. Eating and cooking areas may be shared in whole or part.” Special standards for this use are adopted in Section 38.22.105 which enable it to have similar
impact to existing principal residential uses. This amendment considers application of this new
use to other existing residential districts. It is proposed to allow this residential use as a principal
use in all residential districts. (Sections 8, 18, and 28 of Ordinance 1830)
4. There are dimensional requirements for the areas, widths, and proportions of newly created lots. For Residential uses these are set out in Table 38.08.040-2. It is proposed to allow a difference in
lot width and proportions for those lots using alleys for vehicle access. (Section 10 and 21 of
Ordinance 1830)
5. The City obtains water rights or cash-in-lieu of water rights as a basic mitigation of development
impact. The City Commission recently requested a modification in how this requirement is executed for smaller parcels which are annexing. This change implements this requested change
by allowing for deferral of mitigation until time of development. (Section 24 of Ordinance 1830)
6. The City’s adopted sustainability plan encourages the development of multi-modal
transportation. The edit provides an incentive to develop changing facilities with private
buildings which will support increased use of bicycles for commuting. See an attached article on recent research in this area. This is an option for the developer to choose, it is not a requirement.
(Section 30 of Ordinance 1830)
7. The City has recently amended its site plan process to provide more phasing options. Therefore,
the need for artificial lots is addressed in an alternate manner. It is therefore proposed to remove
304
#Z-12163 UDC Text Amendment Staff Report Page 3 of 10
this part of the landscaping requirements. (Section 32 of Ordinance 1830)
8. A recent federal district court decision on non-conforming uses in Billings, MT provides a
clarified standard for when non-conforming uses are considered destroyed. This edit substitutes
this most recent language for the existing language. (Sections 38, 39, and 54 of Ordinance 1830)
9. It is proposed to provide an exception to notice requirements when the reasonably expected
threat to safety or privacy outweighs the public benefit of notice of a development. This
possibility is explicitly recognized in Article II, Section 9 of the Montana constitution. Bozeman
significantly exceeds minimum statutorily notice requirements for zoning development.
Therefore, there is room in the noticing structure for this limited exception. An exception for noticing does not waive or reduce compliance necessitated for any other standard. (Section 43 of
Ordinance 1830
Land use standards and procedures must be updated from time to time to accommodate changing
community needs, priorities, regulatory requirements and changing knowledge. The City of Bozeman
continually monitors its Unified Development Code as it is applied to the community. The public review process for the proposed/draft amendment text allows evaluation of ideas and refinement of specific
text. Revisions may be made to the draft as the process continues.
REVIEW CRITERIA:
The Zoning Commission and Planning Board criteria for review of a text amendment 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 Staff’s
analysis.
Interpretation and application of the UDC 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 38.36.020 of the UDC, the Zoning Commission and/or Planning Board shall cause
to be made an investigation of facts bearing on each text amendment application relevant to zoning. The
Zoning Commission or Planning Board must review the information they consider necessary to assure
that the action of each text amendment application is consistent with the intent and purpose of the UDC. Specifically, the investigation must address the following criteria as required in Section 76-2-304,
Montana Code Annotated. Locally these are incorporated into Section 38.01.040.C&D, BMC
The Zoning Commission is charged to offer a recommendation only on those criteria established by
Section 76-2-304, MCA which are identified by letter below. The Planning Board is charged to offer a
recommendation only on those criteria established by Sections76-1-606, 76-3-102 and 76-3-501, MCA which are identified by number below.
A. Be in accordance with a growth policy.
Section 76-2-304, MCA (zoning) Criteria:
Yes. The amendment advances a variety of public policy goals as illustrated by this selection of
goals and objectives from the growth policy.
Objective G-2.1: Ensure that development requirements and standards are efficiently
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#Z-12163 UDC Text Amendment Staff Report Page 4 of 10
implemented, fairly and consistently applied, effective, and proportionate to the concerns being
addressed.
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.
Chapter 3: Land Use
Objective LU-1.4: Provide for and support infill development and redevelopment which
provides additional density of use while respecting the context of the existing development
which surrounds it. Respect for context does not automatically prohibit difference in scale or design.
Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of
brownfields and underutilized property within the City consistent with the City’s adopted
standards. Using this approach rehabilitate corridor based commercial uses into a pattern more
supportive of the principles supported by commercial centers.
Objective LU-3.2: Encourage the use and redevelopment of underutilized and brownfield sites
to provide employment and housing which will help to maintain the vibrancy and vitality of the
Historic Core area.
This amendment is also supported by the following goal(s) contained in the City’s adopted
Economic Development Plan:
5) Create a more collaborative and effective working partnership between the business
community and the City of Bozeman and effectively manage the City of Bozeman’s regulatory
environment to accomplish goals without hindering business expansion and economic growth.
(2) Provide an efficient and well-defined land development process with development
regulations being as flexible as possible and efficiently administered.
(4) Empower the Planning Department staff and the City Commission to build more
efficiency in the decision making process.
These goals and objectives would be accomplished by this amendment by creating provisions for
a simpler review process with greater opportunity for administrative level review. This reduces
delay in the review process. It further provides for review authorities to be adjusted more readily as needs of the community change.
B. The effect on motorized and non-motorized transportation systems.
Neutral. The proposed amendments will not alter or change the UDC regulations or guidelines
pertaining to motorized or non-motorized transportation systems. This amendment may in some
circumstances alter the final approval authority acting on the adopted standards. This change is not considered to have a negative effect on actual conditions.
C. Secure safety from fire, panic, and other dangers.
Neutral. The proposed amendments do not alter the on-site standards which address this criteria.
D. Promote public health, public safety, and general welfare.
Yes. The amendments do not alter any adopted standards which directly protect the public health or
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safety. General welfare is promoted by adopting a more clear set of development standards which
can facilitate investment and development in the community without unnecessary or delays.
The City must have a zoning Board of Adjustment. However, the City Commission can choose to act
in this role if they see fit. The need/desire to have a BOA separate from the City Commission varies with time and the preferences of the sitting members of the City Commission. Presently, to activate a
BOA requires a code amendment which takes a minimum of four months and considerable cost to
prepare and process. The proposed amendments will simplify this process while still preserving a
public process for decision making. This will enable the land development review process to be
more responsive to current needs and policy direction while maintaining consistency in the municipal code text itself.
E. Reasonable provision of adequate light and air.
Neutral. The amendments do not alter any adopted standards which would affect this criterion.
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 intensity of 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. The
proposed amendments do not alter the standards for provision of services.
G. Avoiding undue concentration of population.
Neutral. The proposed amendments do not change standards for density of population. See also item
F above.
H. Facilitate the adequate provision of transportation, water, sewerage, schools, parks, and
other public requirements.
Neutral. See items A, D and F.
I. Conserving the value of buildings.
Yes. The proposed amendments retain all provision of adequate services requirements for buildings
as well as improve or allow an alternative review procedure. These changes improve the general
development climate within Bozeman. The changes also facilitate development, redevelopment and
upgrades to vacant or existing sites through the provision of an administrative review procedure for redevelopment within the overlay districts when minor deviations are requested. The proposed
changes also remove barriers to removal of structures which are intrusive in their character in
historic areas. This will enable easier construction of new buildings which are an improvement and
asset to the historic areas.
J. Character of the district.
Neutral. As noted earlier, these amendments are not limited to a particular zoning district but are
generally applicable.
K. Peculiar suitability for particular uses.
Neutral. See discussion under item J.
L. Encourage the most appropriate use of land throughout the jurisdictional area.
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Yes. The proposed amendments are consistent with the overall policies and goals of the City as
indentified under item A.
M. Promotion of Compatible Urban Growth.
Neutral. The proposed amendment does not expand the development area of the City nor are likely to materially change the growth pattern of the city. By retaining the underlying development
standards for mitigation of proposed developmental impacts, the amendments retain all standards
that require growth be compatible with existing uses and needs.
Section 76-1-606 MCA (subdivision) criteria. Effect of growth policy on subdivision regulations:
1. Subdivision regulations adopted after a growth policy has been adopted must be made in
accordance with the growth policy.
The amendment advances a variety of public policy goals as illustrated by this selection of goals
and objectives from the growth policy.
Objective G-2.1: Ensure that development requirements and standards are efficiently implemented, fairly and consistently applied, effective, and proportionate to the concerns being
addressed.
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.
Chapter 3: Land Use
Objective LU-1.4: Provide for and support infill development and redevelopment which
provides additional density of use while respecting the context of the existing development
which surrounds it. Respect for context does not automatically prohibit difference in scale or
design.
Objective LU-2.3: Encourage redevelopment and intensification, especially with mixed uses, of
brownfields and underutilized property within the City consistent with the City’s adopted
standards. Using this approach rehabilitate corridor based commercial uses into a pattern more
supportive of the principles supported by commercial centers.
Objective LU-3.2: Encourage the use and redevelopment of underutilized and brownfield sites to provide employment and housing which will help to maintain the vibrancy and vitality of the
Historic Core area.
Subdivision Purposes – Section 76-3-102 MCA.
2. Promote the public health, safety, and general welfare by regulating the subdivision of
land.
Yes. The proposed amendments are integrated with Chapter 38, Unified Development Code
(UDC), which will help address general welfare. The amendments will clarify various
procedures and standards, thereby improving the opportunity to understand and equitably apply
the standards and procedures of the title. The general welfare will be improved by simplifying
procedures and more clearly identifying the applicability of certain standards. The removal of
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excess and duplicative procedures prevents possible confusion in development of recreational
vehicle parks or campgrounds. Mitigation of impacts will be provided.
3. Prevent the overcrowding of land.
Yes. The UDC establishes zoning standards for parking, surface area coverage, and other performance standards to ensure that building mass, height, density of dwellings, and other
features may be adequately met on any given parcel of land. The proposed amendments are not
expected to materially change the standards addressing this issue. The change to lot width and
proportions have been considered and determined to be effective in providing adequate space for
development of residential functions.
4. Lessen congestion in the streets and highways.
Neutral. The UDC contains a variety of transportation improvement and right-of-way standards
designed to ensure the provision of adequate transportation facilities and the functionality of
those facilities. The UDC also encourages alternative transportation modes such as walking,
biking and transit. The revisions do not alter these requirements.
5. Provide adequate light, air, water supply, sewage disposal, parks and recreation areas,
ingress and egress, and other public improvements.
Yes. The UDC contains a variety of standards designed to ensure the provision of adequate
public improvements and the functionality of those facilities. The amendments do not materially
alter these standards. The changes in Section 6 are to remove duplicative language. There will remain standards and requirements in other portions of the municipal code address these issues.
6. Require development in harmony with the natural environment.
Neutral. The proposed amendments are not expected to materially affect this area of concern.
7. Protect the rights of property owners.
Yes. The UDC was crafted with the aim of balancing the rights of applicant property owners with the need to protect the rights of other property owners and the health, safety and general
welfare of the community as a whole. This is reflected in the provisions of the ordinance
including, but not limited to, defined criteria and procedures for reviewing development
proposals. Removal of duplicative review processes supports the right of property owners to
timely and efficient due process in the review of development proposals.
8. Require uniform monumentation of land subdivisions and transferring interests in real
property by reference to a plat or certificate of survey.
Neutral. The UDC requires compliance with the uniform standards for monumentation and the
preparation of final plats as outlined in the Administrative Rules of Montana (ARM). The
ARMs are prepared by the state agency with responsibility to administer a given Montana law. The ARMs set forth how the responsible state agency will administer the law. No changes have
been proposed relating to this criterion.
Subdivision Purposes – Section 76-3-501 MCA. Requires local governments to adopt regulations that
reasonably provide for:
9. Orderly development within the jurisdictional area.
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Yes. The UDC has previously been reviewed and found to meet this criterion. Extensions of
service and timely delivery of services remain as requirements. The changes to the municipal
code will not negatively affect this criterion.
10. Coordination of roads within subdivided land with other roads, both existing and planned.
Neutral. The UDC requires that the arrangement, type, extent, width, grade and location of all
streets be considered in relation to existing and planned streets. When a proposed development
adjoins undeveloped land, and access to the undeveloped land would reasonably pass through the
new development, the UDC requires that streets within the proposed development be arranged to
allow the suitable development of the adjoining undeveloped land. The UDC also requires that developers arrange streets to provide for the continuation of streets between adjacent developed
properties when such continuation is necessary for the convenient movement of traffic, effective
provision of emergency services and efficient provision of utilities. The amendments do not
modify these requirements.
11. Dedication of land for roadways and for public utility easements.
Neutral. The UDC requires that all streets either be dedicated rights-of-ways or be private streets
with a public access easement. The UDC requires the provision of utility easements for both
public and private utilities. No changes to this subject were made with these amendments.
12. Improvement of roads.
Neutral. The UDC contains standards for the arrangement, type, extent, width, grade, location, design and construction of streets and roads. No material changes were made with these
amendments. The zoning standards include mechanisms to ensure that right-of-way is provided
and streets developed to the same standards as through a subdivision process.
13. Provision of adequate open spaces for travel, light, air and recreation.
Neutral. The standards for this subject are unaltered.
14. Adequate transportation, water and drainage.
Yes. The UDC contains standards for the provision of transportation, water and drainage
facilities. In addition, the UDC requires compliance with adopted transportation, water and
stormwater facility plans. There are various changes which give cross references to adopted
storm water control requirements which will make it easier for readers to find relevant standards located outside of Chapter 38, See sections above for additional discussion.
15. Regulation of sanitary facilities, subject to section 76-3-511 MCA.
Neutral. The UDC contains standards for the provision of sewer and refuse facilities. In
addition, the UDC requires compliance with state requirements regarding sanitary facilities and
with the adopted sewer facility plan. No changes are proposed with these amendments. Whether the development proposed is reviewed under subdivision or zoning procedures the issues of
sanitation, extension of public mains, and related topics will be addressed.
16. Avoidance or minimization of congestion.
Neutral. The UDC contains a variety of transportation improvement standards designed to ensure
the provision of adequate transportation facilities and the functionality of those facilities. The UDC also encourages alternative transportation modes such as walking, biking and transit. The
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substantive elements of these standards which relate to subdivisions are not proposed to be
altered. See criteria above for further discussion.
17. Avoidance of subdivision which would involve unnecessary environmental degradation
and the avoidance of danger or injury to health, safety, or welfare by reason of nature hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate
an excessive expenditure of public funds for the supply of such services.
Yes. The UDC contains a variety of requirements aimed at protecting public health, safety and
welfare from natural hazards, including: wetlands protection; watercourse setbacks; provision of
easements for agricultural water facilities; floodplain protection; requirements to connect to City water and sewer service; prohibition of development on steep slopes and ridgeline protection;
and soil conservation provisions. These provisions also minimize public costs. The UDC
contains standards for the provision of transportation, water and drainage facilities. In addition,
the UDC requires compliance with relevant state requirements as well as adopted transportation,
water and storm water facility plans. The amendments do not modify these requirements. All development whether reviewed under zoning or subdivision procedures are subject to the same
standards.
STAFF FINDINGS/CONCLUSION
Planning Staff has reviewed this application for a Unified Development Code text amendment against the criteria set forth in statute and reflected in the Unified Development Code. Staff’s analysis finds that
this application satisfies the required criteria. Based on the evaluation of said criteria and findings by
the Planning Staff, staff recommends APPROVAL of the requested amendment.
Pursuant to Section 76-2-307 Montana Codes Annotated and Article 38.36, Bozeman Municipal Code, the Zoning Commission shall review the Unified Development Code text amendment application to
determine if the proposed amendment meets the requirements of the adopted Growth Policy, state
statute, and other adopted state and local ordinances. The Zoning Commission shall act to recommend
approval or denial of the Unified Development Code text amendment.
Pursuant to Section 76-1-106 and 606, Montana Codes Annotated, and Article 38.36, Bozeman Municipal Code, the Planning Board is charged to review the Unified Development Ordinance text
amendment application to determine if the proposed changes met the requirements of the adopted
Growth Policy and Title 76, chapter 3, MCA.
The recommendations of the advisory bodies will be forwarded to the Bozeman City Commission for consideration at its expected public hearing on August 20, 2012. The City Commission will make the final decision on the application.
PUBLIC COMMENT
As of the writing of this report, no public comment has been received in response to the public
notification of this proposed text amendment.
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 voting members of the City Commission.
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ATTACHMENTS
Application Materials
Draft Ordinance 1830 with proposed amendments
Article regarding bicycle commuting
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Zone Code Amendment #Z-12163
1
JOINT RESOLUTION #Z-12163
JOINT RESOLUTION OF THE CITY OF BOZEMAN ZONING COMMISSION AND
PLANNING BOARD RECOMMENDING APPROVAL OF ZONE CODE AMENDMENT
APPLICATION #Z-12163, PROPOSED ORDINANCE 1830 PROVIDING THAT THE
BOZEMAN MUNICIPAL CODE BE AMENDED BY CREATING AND RESERVING
SECTIONS 2.05.2840 THROUGH 2.05.2890; BY CREATING SECTIONS 2.05.2900,
2.05.2910, AND 2.05.2920; BY CREATING AND RESERVING SECTIONS 2.05.2930
THROUGH 2.05.2990; BY CREATING SECTIONS 2.05.3000, 2.05.3010, AND 2.05.3020;
BY CREATING AND RESERVING SECTIONS 2.05.3030 THROUGH 2.05.3090; BY
AMENDING SECTIONS 20.02.010 AND 20.02.020; BY DELETING SECTIONS
20.02.020, 20.02.040, 20.02.050, 20.02.060, 20.02.070, 20.02.080, 20.02.090, 20.02.100,
20.02.110, 20.02.120, 20.02.130; BY AMENDING SECTION 20.02.140; BY AMENDING
SECTIONS 30.03.060, 38.08.020, 38.08.030 AND 38.08.040; BY DELETING SECTION
38.08.080; BY AMENDING SECTIONS 38.19.040, 38.19.110, 38.19.130, 38.20.060,
38.21.050, 38.22.030, 38.22.105, 38.22.120, 38.22.170, 38.23.030, 38.23.150, 38.23.180,
38.25.020, 38.25.040, 38.26.030, 38.26.050, 38.27.010, 38.28.060, 38.29.030, 38.29.040,
38.32.010, 38.32.040, 38.34.100, 38.34.130, 38.38.030, 38.40.020, 38.40.040, 38.42.010,
38.42.090; BY DELETING SECTION 38.42.240; AND BY AMENDING SECTIONS
38.42.850, 38.42.990, 38.42.2660, AND 38.42.2740; AND DELETING SECTION
38.42.3050; TO CORRECT ERRORS, TO RESOLVE CONFLICTS BETWEEN
SECTIONS OF THE CODE, TO INCREASE CONSISTENCY IN PRACTICE OF CODE
ORGANIZATION, AND TO CREATE IMPROVEMENTS IN STANDARDS.
WHEREAS, the City of Bozeman has adopted zoning regulations and a zoning map
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
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 Section
2.05.2700 of the Bozeman Municipal Code as provided for in Section 76-2-307, M.C.A.; and
WHEREAS, Chapter 38, Article 36 of the Bozeman Unified Development Code sets
forth the procedures and review criteria for zoning text amendments; and
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Zone Code Amendment #Z-12163
2
WHEREAS, the City of Bozeman initiated code amendments to modify the municipal code provisions relating to the Board of Adjustment and review authority for land use applications; and
WHEREAS, the proposed text amendment request and draft Ordinance and Resolution
has been properly submitted, reviewed and advertised in accordance with the procedures set forth in Chapter 38, Article 36 of the Bozeman Unified Development Code and Title 76, Chapter 2, Part 3, M.C.A.; and
WHEREAS, the City of Bozeman Zoning Commission held a public hearing on July 31,
2012, to formally receive and review all written and oral testimony on the proposed amendments; and
WHEREAS, no public comment was received and no public comment was expressed at
the public hearing; and
WHEREAS, the Zoning Commission discussed the offered comments and Staff’s review of the proposed amendments; and
WHEREAS, the City of Bozeman Zoning Commission finds that the proposed
amendments complied with the review criteria; NOW, THEREFORE, BE IT RESOLVED that the City of Bozeman Zoning
Commission, on a 5-0 vote, officially recommends to the Bozeman City Commission approval of
the recommended amendments in draft Ordinances 1827 and 1828.
DATED THIS 31st DAY OF JULY, 2012, Resolution #Z-12064
_____________________________ ____________________________
Tim McHarg, Director Erik Garberg, Chairperson Dept. of Planning & Community Development City of Bozeman Zoning Commission
______________________________ Trever McSpadden, President City of Bozeman Planning Board
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Zoning Commission Minutes – July 31, 2012
ZONING COMMISSION MINUTES
TUESDAY, JULY 31, 2012
ITEM 1. CALL TO ORDER AND ATTENDANCE
Chairperson Garberg called the meeting to order at 6:00 p.m. and ordered the Recording
Secretary to take attendance.
Members Present:
Randy Wall, Vice Chairperson
Trever McSpadden
David Peck
Erik Garberg, Chairperson
Nathan Minnick
City Commission Liaison:
Members Absent:
Staff Present:
Tim McHarg, Planning Director
Chris Saunders, Assistant Planning Director
Tara Hastie, Recording Secretary
Guests Present:
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 Garberg closed this
portion of the meeting.
ITEM 3. MINUTES OF JULY 17, 2012
MOTION: Mr. McSpadden moved, Vice Chairperson Wall seconded, to approve the minutes of
July 17, 2012 as presented. The motion carried 4-0. Those voting aye being Chairperson
Garberg, Mr. McSpadden, Mr. Minnick, and Vice Chairperson Wall . Those voting nay being
none.
ITEM 4. PROJECT REVIEW
1. Municipal Code Amendment Application #Z-12064 – (Draft Ordinances 1827 and 1828) A
Zone Code Amendment requested by the applicant City of Bozeman, P.O. Box 1230,
Bozeman, MT 59771 to amend the Bozeman Municipal Code to revise the provisions
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Zoning Commission Minutes – July 31, 2012
establishing the Board of Adjustment and its operations to enable the City Commission to
place it on hiatus and to consolidate references to review authorities throughout Chapter 38,
Unified Development Code, and expand administrative approval authority. (Saunders)
Assistant Planning Director Chris Saunders presented the Staff Report noting the proposal was a
little odd as there were two ordinances being reviewed under the same application number at the
advice of the City Attorney and to keep relevant documentation in a single location. He stated
the changes were largely driven by City Commission directives on policy. He stated the
ordinances and Staff Report would be available online until the City Commission hearing action.
He stated it would likely be scheduled for August 20, 2012 City Commission hearing and had
been tentatively scheduled as such.
Assistant Director Saunders noted that the first actions in Ordinance 1827 had been proposed to
simply relocate the text for the convenience of the reading public. He stated the second action in
Ordinance 1827 had been proposed as the State of Montana requires the City of Bozeman to have
a Board of Adjustment, but the City Commission could be the Board of Adjustment themselves
and exercise those responsibilities. He stated each time a change was executed, it took several
months and a lot of Staff time; the code would now include a process that would allow the
activation or inactivation of the Board of Adjustment and would include a public hearing instead
of a code amendment each time. He noted the City Commission could choose to delegate some
or all types of projects at such a time they decided to activate the Board.
Assistant Director Saunders stated Staff had proposed to group all the approval authorities within
a single location so something didn’t get missed. He added the approval authorities would also
be specified. He noted that the City Commission had retained certain review authority as
required but there were some things that could be passed off to other approval authorities. He
stated the exact scope of the review authority would vary from time to time and there had been a
proposed expansion of the administrative review authority. He noted some of the items that
would be included in the administrative review authority amendments. He stated that Staff
proposed that a City property project not claiming any kind of an exemption could be
administratively reviewed. He stated the demolition of properties within the Neighborhood
Conservation Overlay, if they met code criteria, had also been proposed for administrative review
authority.
Assistant Director Saunders stated well over 100 sections would be amended to remove the
specific name of the review authority and would instead refer to the new section relocating the
text that describes the advisory bodies and approval authorities. He stated any administrative
decision by any Staff member could be appealed but if the person knew of the proposal, had time
to comment, and did not do so the provision would prevent new information from being
presented; an amendment intended to make the process more fair. He stated Staff was asking for
two motions because there were two different ordinances involved and would provide a more
clean recommendation.
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Mr. Minnick asked for clarification regarding the delegation of the Board of Adjustment duties.
Assistant Director Saunders responded that the City had to have a Board of Adjustment, but the
City Commission could choose to handle those duties themselves.
Chairperson Garberg asked how the Board of Adjustment hiatus would work. Assistant Director
Saunders responded that the City Commission would review and appoint applicants under their
current process for appointing members of boards.
Mr. Peck joined the Zoning Commission.
Chairperson Garberg called for public comment. Seeing none forthcoming, the public comment
period was closed.
MOTION: Mr. McSpadden moved, Mr. Minnick seconded, that having heard and considered
public comment, to hereby adopt the findings presented in the staff report and to recommend
approval of the text amendments to Chapter 2 and Chapter 38 of the Bozeman Municipal Code
as included in the draft Ordinance 1827 as requested in application Z-12064.
Mr. Minnick stated he found the proposal to be in keeping with the review criteria as set forth in
the ordinance.
The motion carried 5-0. Those voting aye being Chairperson Garberg, Mr. McSpadden, Mr.
Minnick, Mr. Peck, and Vice Chairperson Wall. Those voting nay being none.
MOTION: Mr. Minnick moved, Vice Chairperson Wall seconded, that having heard and
considered public comment, to hereby adopt the findings presented in the staff report and to
recommend approval of the text amendments to Chapter 38 as included in the draft Ordinance
1828 as requested in application Z-12064.
Mr. Minnick stated he found the proposal to be in keeping with the review criteria as set forth in
the ordinance.
The motion carried 5-0. Those voting aye being Chairperson Garberg, Mr. McSpadden, Mr.
Minnick, Mr. Peck, and Vice Chairperson Wall. Those voting nay being none.
ITEM 5. NEW BUSINESS
Planning Director McHarg noted there would be a Zoning Commission meeting on August 7,
2012.
Mr. Minnick announced that he would be resigning from the Zoning Commission after seven
years of service due to his work schedule and that he did not think he could devote the necessary
time to meetings. The Zoning Commission expressed appreciation for his service.
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ITEM 6. ADJOURNMENT AND CALL TO ORDER OF JOINT MEETING
The Zoning Commission meeting was adjourned at 6:22 p.m.
Erik Garberg, Chairperson Tim McHarg, Planning Director
Zoning Commission Dept. of Planning & Community Development
City of Bozeman City of Bozeman
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JOINT MEETING
PLANNING BOARD/ZONING COMMISSION MINUTES
TUESDAY, JULY 31, 2012
ITEM 1. CALL TO ORDER AND ATTENDANCE
President Pro Tem McSpadden called the meeting to order at 6:30 p.m. and ordered the
Recording Secretary to take attendance.
Members Present:
Randy Wall, Vice Chairperson
Trever McSpadden, Vice President
David Peck
Erik Garberg, Chairperson
Nathan Minnick
Bill Quinn
Paul Neubauer
City Commission Liaison:
Members Absent:
Ed Sypinski, President
Staff Present:
Tim McHarg, Planning Director
Chris Saunders, Assistant Planning Director
Tara Hastie, Recording Secretary
Guests Present: ITEM 2. PUBLIC COMMENT {Limited to any public matter within the jurisdiction of the
Zoning Commission or Planning Board and not scheduled on this agenda. Three-minute time
limit per speaker.}
Seeing there was no general public comment forthcoming, President Pro Tem McSpadden closed
this portion of the meeting.
ITEM 3. PLANNNING BOARD ELECTION OF OFFICERS
MOTION: Mr. Garberg moved to nominate Mr. McSpadden as President, Mr. Wall seconded,
Mr. McSpadden accepted the nomination.
The motion carried 5-0. Those voting aye being Mr. McSpadden, Mr. Wall, Mr. Neubauer, Mr.
Garberg, and Mr. Quinn. Those voting nay being none.
President McSpadden asked for volunteers for Vice President. Mr. Wall responded that he
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Joint Planning Board/Zoning Commission Minutes – July 31, 2012 319
would volunteer for the position.
MOTION: President McSpadden moved to nominate Mr. Wall as Vice President, Mr. Garberg seconded, Mr. Wall accepted the nomination.
The motion carried 5-0. Those voting aye being President McSpadden, Mr. Wall, Mr.
Neubauer, Mr. Garberg, and Mr. Quinn. Those voting nay being none.
ITEM 4. PLANNING BOARD MINUTES OF NOVEMBER 1, 2011
MOTION: Mr. Garberg moved, Vice President Wall seconded, to approve the minutes of
November 1, 2011 as presented. The motion carried 5-0. Those voting aye being President McSpadden, Vice President Wall, Mr. Neubauer, Mr. Garberg, and Mr. Quinn. Those voting nay being none. ITEM 5. PROJECT REVIEW
1. Municipal Code Amendment Application #Z-12163 – (Draft Ordinance 1830) A Zone Code
Amendment requested by the applicant City of Bozeman, P.O. Box 1230, Bozeman, MT 59771, to amend the Bozeman Municipal Code to relocate the provisions establishing the Design Review Board and Wetlands Review Board from Chapter 38 to Chapter 2, amend Chapter 20 to remove duplicative standards for campgrounds and recreational vehicle parks, and amend Chapter 38 to add cross references, remove redundant text, and improve various development standards. (Saunders)
Assistant Planning Director Chris Saunders presented the Staff Report noting that Planning
Department Staff found opportunities to do something in the code better during the normal
course of activities. He stated it was a joint hearing because it was a joint development
ordinance that affected the reviews of both the Planning Board and the Zoning Commission. He
stated the proposed edits were in numeric order as they appeared within the code.
Assistant Director Saunders noted there were particularly significant items that he would like to
draw attention to: the transfer of the DRB and WRB text to a different section, the removal of
standards duplicative to Chapter 38 of the Bozeman Municipal Code from Chapter 20, the
addition of a residential use “group living” to the residential zoning districts chapter, the
modification of required lot width when alleys are used, consolidation of the approval authority
language, modification of the water rights language with regard to requirements for smaller
annexations, the inclusion of bicycle parking incentives to encourage multimodal transportation,
updating nonconforming uses and structures standards, creating a limited public notice
exemption (such as battered women’s shelters), and Essential Services Type 1 modification to
include rooftop solar panel arrays.
Assistant Director Saunders stated there all types of other parts scattered throughout the
ordinance. He stated the public hearing had been noticed. He noted Staff recommended the
Planning Board and Zoning Commission vote separately to provide a clear motion for
recommendation to the City Commission. He noted no public comment had been received on
the proposal at this time.
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Joint Planning Board/Zoning Commission Minutes – July 31, 2012 320
President McSpadden opened the item for public comment. Seeing none forthcoming, the public
comment period was closed.
ZONING COMMISSION MOTION: Chairperson Garberg moved, Mr. Minnick seconded,
that having heard and considered public comment, to hereby adopt the findings presented in the
staff report and move to recommend approval of the text amendments to Chapter 2, Chapter 20,
and Chapter 38 of the Bozeman Municipal Code as included in the draft Ordinance 1830 as
requested in application Z-12163.
The motion carried 5-0. Those voting aye being Chairperson Garberg, Mr. McSpadden, Mr.
Minnick, Mr. Peck, and Vice Chairperson Wall. Those voting nay being none.
PLANNING BOARD MOTION: Vice President Wall moved, Mr. Quinn seconded, that
having heard and considered public comment, to hereby adopt the findings presented in the staff
report and move to recommend approval of the text amendments to Chapter 2, Chapter 20, and
Chapter 38 of the Bozeman Municipal Code as included in the draft Ordinance 1830 as requested
in application Z-12163.
Mr. Wall stated he wanted to reiterate that he thought it was a good idea to include more
multimodal transit facilities and thanked Staff for including the recommendation.
The motion carried 5-0. Those voting aye being President McSpadden, Vice President Wall,
Mr. Neubauer, Mr. Garberg, and Mr. Quinn. Those voting nay being none.
ITEM 6. NEW BUSINESS
President McSpadden stated he had spoken with the Chair of the Gallatin County Planning
Board, Marianne Amsden. She had brought to his attention that Gallatin County’s Growth
Policy included a provision for an interlocal agreement between the Gallatin County Planning
Board and the City of Bozeman Planning Board. He noted the County Planning Board had
requested a joint meeting or joint training in the future and asked the other Planning Board
member’s opinion. He added that the City and County had an overlapping jurisdictional area
often called the “donut area”. He noted the County would be hiring a facilitator to do some
training with their Planning Board and stated there may be some advantage to attending that as
well.
Mr. Garberg stated he thought it would be a good idea if it worked for Staff. Director McHarg
responded that if they were interested in a joint meeting he would contact the County Planning
Director to determine where they were in the process. President McSpadden concurred with
Director McHarg.
Director McHarg stated that the training included a date sometime in November and if there was
a general level of interest he would partner on those costs with the County.
Mr. Peck asked if the training would include Zoning Commission members. Assistant Director
Saunders responded the training could include both depending on what the County had asked
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Joint Planning Board/Zoning Commission Minutes – July 31, 2012 321
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Joint Planning Board/Zoning Commission Minutes – July 31, 2012
for.
Mr. Garberg asked for clarification of whether or not the County had zoning districts. Director
McHarg responded they did have areas of zoning. Assistant Director Saunders added the last
count he heard was that there were 27 zoning districts within the County.
President McSpadden welcomed new member Paul Neubauer.
ITEM 7. ADJOURNMENT
Seeing there was no further business before the joint meeting of the Planning Board and Zoning
Commission, President McSpadden adjourned the meeting at 7:05 p.m.
Trever McSpadden, President Tim McHarg, Planning Director
Planning Board Planning & Community Development
City of Bozeman City of Bozeman
Erik Garberg, Chairperson
Zoning Commission
City of Bozeman
322
COMMISSION RESOLUTION NO 3907
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN
MONTANA REVISING AND RE EST ABLISHING GOALS AND POLICIES FOR
ANNEXATION OF PROPERTIES TO THE CITY OF BOZEMAN AND
SUPERSEDING COMMISSION RESOLUTION NO 3137
WHEREAS the City ofBozeman wishes to establish comprehensive annexation goals and policies
to provide for orderly well planned bTowth and
WHEREAS adoption of such goals and policies will provide our community with clear guidelines
for informed annexation proposals and
WHEREAS the City establishes these goals and policies in accordance with annexation statutes as
set forth in Title 7 Chapter 2 Parts 43 45 46 and 47 M C A
NOW THEREFORE BE IT RESOLVED by the City Commission of the City of Bozeman
Montana to wit
Section 1
Goals
The following goals are hereby established for the consideration of annexations to the City of
Bozeman
1 It shall be the goal of the City of Bozeman to encourage annexations of land
contiguous to the City
2 The City shall seek to annex all areas that are totally surrounded by the City without
regard to parcel size
3 The City shall seek to annex all property currently contracting with the City for City
services such as water sanitary sewer and or fire protection
4 It shall be the goal of the City of Bozeman to require annexation of all land proposed
for development lying within the service boundary of the existing sewer system as
depicted in the Bozeman Growth Policy and to encourage annexations within the
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urban growth area identified in the Bozeman Growth Policy
Section 2
Policies
The following policies are hereby established for the consideration of all future annexations to the
City of Bozeman
1 Annexations shall include dedication ofall easements rights of way for collector and
arterial streets water rights and waivers of right to protest against the creation of
improvement districts necessary to provide the essential services for future
development of the city
2 Issues pertaining to master planning and zoning shall be addressed in conjunction with
the application for annexation
a The initial application for annexation shall be in conformance with the
current Bozeman Growth Policy If a Growth Policy Amendment is
necessary to accommodate anticipated uses said amendment process
may be initiated by the applicant and conducted concurrently with the
processing of the application for annexation
b Initial zoning classification of the property to be annexed shall be
determined by the City Commission in compliance with the Bozeman
Growth Policy and upon a recommendation of the City Zoning
Commission prior to final annexation approval
c The applicant may indicate his or her preferred zoning classification as
part of the annexation application
3 Fees for Annexation procedures shall be established by the City Commission No fee
will be charged for any City initiated annexation
4 It shall be the general policy of the City that annexations will not be approved where
unpaved county roads will be the most commonly used route to gain access to the
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property
5 Prior to annexation ofproperty it shall be the policy ofthe City of Bozeman to acquire
usable water rights or an appropriate fee in lieu thereof equal to the average annual
diversion requirement necessary to provide the anticipated average annual
consumption of water by residents and or users of the property when fully developed
on the basis of the zoning designation s The fee maybe used to acquire water rights
or for improvements to the water system which would create additional water supply
capacity This policy may be subject to the following exceptions
a For any annexation in excess of ten 1O acres it shall be earned out
prior to final plat approval final site plan approval or the issuance of
any building permit whichever occurs firstprovided applicant executes
a promissory note or other appropriate document acceptable to the City
b For any anncxation or portion thereofproposed f Jfuse as a church as
that tcrm is defined in the Bozeman zoning ordinance the R I
ResidentialSingleHousehold Low Density District shall be used in
place of the property s zoning designation for calculating the water
requirement If the use changes from a church at any time in thc future
the owner of the property will enter into a separate agreement
providing that at the time of the change the owner or its successor
shall supply any additional water rights or fee which might be due
based on the actual zoning designation at the time of the change
6 Infrastructure and emergency services for an area proposed for annexation will be
reviewed for the health safety and welfare of the public Ifit is found that adcquate
services cannot be provided to ensure public health safety and welfare it shall be the
general policy of the City to require the applicant to provide a written plan for
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accommodation of thcse services or not approve the annexation Additionally
annexation proposals that would use up infrastructure capacity already reserved for
properties lying either within undeveloped portions ofthe City limits or lying outside
the City limits but within identified sewer or water service area boundaries shall
generally not be approved
7 It shall be the general policy of the City of Bozeman to require annexation of any
contiguous property for which city services arcrequested or f r which city services are
currently being contracted
8 The annexation application shall be accompanied by mapping to meet the requirements
ofthe Director of Public Service
9 It shall be the policy ofthe City of Bozeman to asscss a system development impact
fee in accordance with Chapter 3 24 Bozeman Municipal Code and accordance with
the Bozeman Growth Policy and other policies as they are developcd
10 Public notice requirements shall be in compliance with Montana Code Annotated In
addition notice shall be posted in at least one conspicuous location on the site in
question and mailed to all owners ofreal property ofrecord within 200 feet ofthe site
in question using last declared county real estate tax records not more than forty five
days nor less than fifteen days prior to the scheduled action to approve or deny the
annexation by the City Commission specifying the date time and place the
annexation will be considered by the City Commission The notice shall contain the
materials required by Section 18 76 020 A BMCInaddition where a commonly
identifiable street address is not visible on the property to be annexed the notice shall
provide a map of the area in question so as to indicatc its general location and
proximity to surrounding properties
11 Annexation agreements shall be executed and returned to the City within 60 days of
326
distribution of the annexation abTeement unless another time period is specifically
identified by the City Commission
12 When possible the use of Part 46 annexations is preferred
PASSED AND ADOPTED by the City Commission ofthe City ofBozeman Montana at a regular
session thereofheld on theJ th day of 2006
J F R S M yorl
ATTEST
12 7U b
DEVIN HARBOUR
Acting Clerk ofthe Commission
vW
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