HomeMy WebLinkAboutZone Code Amendment Z-12163 – Final Adoption Ordinance 1839
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Assistant Director
Tim McHarg, Planning Director
SUBJECT: Zone Code Amendment #Z-12163 – Second Reading and Final Adoption
of Ordinance 1839 revising provisions for water rights with development in section 38.23.180.
MEETING DATE: September 10, 2012
AGENDA ITEM TYPE: Consent (Legislative Item)
RECOMMENDATION: Finally adopt Ordinance 1839 revising provisions for water rights with
development in section 38.23.180.
RECOMMENDED MOTIONS: “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 give final approval to
Ordinance 1839 amending the water rights provisions of Chapter 38 of the Bozeman Municipal
Code.”
BACKGROUND: 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 Zoning Commission and Planning Board considered code amendments at a public hearing
on July 31, 2012. There was no public comment. They recommend adoption of this ordinance.
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. The
City Commission gave preliminary approval to Ordinance 1839 on August 27, 2012.
Key components of the proposed amendments in Ordinance 1839 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.
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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: None
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 1839
Staff report
Zoning Commission minutes and resolution
Report compiled on: August 29, 2012
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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 Code (UDC)
which establishes standards and procedures for land use and development under the City’s
authority to zone established in Title 76, Chapter 2, Part 3, MCA and procedures and standards
for review and processing of divisions of land as required by Title 76, Chapter 3, MCA; and
WHEREAS, the proposed UDC 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
UDC text amendment; and
WHEREAS, no members of the public offered comment on the proposed ordinance;
and
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WHEREAS, as shown in Resolution Z-12163, the Bozeman Zoning Commission and
Planning Board recommended to the Bozeman City Commission that the proposed UDC 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 UDC; and
WHEREAS, the City Commission reviewed and considered the relevant UDC text
amendment criteria established by Section 76-2-304, M.C.A., and found the proposed UDC 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 UDC 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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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 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. Bby phase for phased developments.; or
2. Ffor annexations of vacant land when the phase or 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 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.
4.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 the this section. A notice of restriction on future development in a form
acceptable to the city shall be recorded with the Gallatin County Clerk and Recorder prior to the
city granting a waiver under this subsection.
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
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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 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 27th day of August, 2012.
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____________________________________
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 10th day of
September, 2012. The effective date of this ordinance is October 10, 2012.
____________________________________
SEAN A. BECKER
Mayor
ATTEST:
_______________________________
STACY ULMEN, CMC
City Clerk
APPROVED AS TO FORM:
____________________________________
GREG SULLIVAN
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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.
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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
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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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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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Page 1 of 4
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 Garber g 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
Gar berg , 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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Page 2 of 4
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 bei ng 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 Staf f 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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Zoning Commission Minutes – July 31, 2012
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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Zoning Commission Minutes – July 31, 2012
I TEM 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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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
362