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HomeMy WebLinkAboutOrdinance No. 1863, amending the code to replace Planning with Community DevelopmentCommission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Kukulski, City Manager SUBJECT: Provisional Adoption of Ordinance No. 1863, amending the Municipal Code by replacing the Department of Planning with Department of Community Development and replacing references to the Director of Planning with Director of Community Development. MEETING DATE: March 4, 2013 AGENDA ITEM TYPE: Consent RECOMMENDED MOTION: I move to provisionally adopt Ordinance No. 1863, amending the Municipal Code by replacing the Department of Planning with Department of Community Development and replacing references to the Director of Planning with Director of Community Development. BACKGROUND: Improving the entire development review process has been called out as a high priority for the Commission and staff for several years. Establishing a more cohesive team between the building division, long range planning and development review team is an important part of the improvement process. The Community Development Department encompasses all of these divisions and emphasizes the equal importance of all phases of the process. The new title of Director of Community Development accentuates the cohesive departmental focus. As the city is currently recruiting for this position, emphasis is being placed on management and leadership skills necessary to ensure that all of the divisions within the department will work together harmoniously. The following sections of the Bozeman Municipal Code will be affected by these changes and need to be revised by Municode Corp. Please note that they may find additional areas that need revision as they follow codification instructions. DIVISION 9. - IMPACT FEES [25] Sec. 2.06.1620. - Intent. ARTICLE 8. - WORKFORCE HOUSING Sec. 10.08.070. - Cost offsets. ARTICLE 5. - DOWNTOWN SIDEWALK ENCROACHMENT PERMIT PROGRAM Sec. 34.05.100. - Uses permitted under this article. 41 ARTICLE 2. - SUBDIVISION AND PLATTING ADMINISTRATIVE PROCEDURES [54] Sec. 38.02.030. - Correction of errors, amendments or vacation of recorded final plats. ARTICLE 3. - REVIEW PROCEDURES FOR SUBDIVISIONS [55] Sec. 38.03.020. - Presubmittal meeting and preapplication plan review. Sec. 38.03.040. - Preliminary plat. Sec. 38.03.060. - Final plat application. ARTICLE 5. - SUBDIVISION EXEMPTIONS [56] Sec. 38.05.020. - Specific divisions of land exempt from review but subject to survey requirements and zoning regulations for divisions of land not amounting to subdivisions. Sec. 38.05.060. - Procedures and general requirements. Sec. 38.05.070. - Exemption review criteria. ARTICLE 6. - SUBDIVISION CERTIFICATES [57] Sec. 38.06.110. - Certification of use of exemption claim. ARTICLE 7. - ZONING DISTRICTS AND ZONING MAP [58] Sec. 38.07.020. - Official map availability, certification and authority; changes. Sec. 38.07.040. - Boundary interpretation guidelines. Sec. 38.07.050. - Classification of particular uses; planning director and city commission authority. ARTICLE 16. - NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT Sec. 38.16.050. - Standards for certificates of appropriateness. Sec. 38.16.060. - Application requirements for certificates of appropriateness in conservation districts. Sec. 38.16.080. - Demolition or movement of structures or sites within the conservation district. ARTICLE 17. - BOZEMAN ENTRYWAY CORRIDOR OVERLAY DISTRICT Sec. 38.17.070. - Application requirements for certificates of appropriateness in entryway corridor. ARTICLE 19. - PLAN REVIEW [59] Sec. 38.19.060. - Special temporary use permit. Sec. 38.19.070. - Sketch plan review. Sec. 38.19.090. - Plan review procedures. Sec. 38.19.100. - Plan review criteria. Sec. 38.19.110. - Conditional use permit. Sec. 38.19.120. - Final plan. Sec. 38.19.130. - Amendments to plans. ARTICLE 20. - PLANNED UNIT DEVELOPMENT Sec. 38.20.040. - Planned unit development review procedures and criteria. Sec. 38.20.050. - Plan submittal requirements. Sec. 38.20.060. - Duration of planned unit development approval. ARTICLE 22. - STANDARDS FOR SPECIFIC USES Sec. 38.22.190. - Stable, commercial. 42 ARTICLE 23. - DEVELOPMENT STANDARDS Sec. 38.23.060. - Easements. Sec. 38.23.100. - Watercourse setback. ARTICLE 24. - TRANSPORTATION FACILITIES AND ACCESS Sec. 38.24.110. - Transportation pathways. ARTICLE 25. - PARKING Sec. 38.25.040. - Number of parking spaces required. ARTICLE 27. - PARK AND RECREATION REQUIREMENTS [60] Sec. 38.27.110. - Recreation pathways. ARTICLE 28. - SIGNS [61] Sec. 38.28.180. - Application. ARTICLE 29. - TELECOMMUNICATIONS Sec. 38.29.030. - Uses within districts and required review procedures. ARTICLE 33. - DEVELOPMENT REVIEW COMMITTEE (DRC), DESIGN REVIEW BOARD (DRB), ADMINISTRATIVE DESIGN REVIEW STAFF (ADR), WETLANDS REVIEW BOARD (WRB), BOARD OF ADJUSTMENT (BOA) Sec. 38.33.010. - Purpose of DRC, DRB, ADR, WRB, and BOA. Sec. 38.33.020. - General procedures, notice and timing ARTICLE 34. - ADMINISTRATION, FEES AND PENALTIES . Sec. 38.34.010. - Review authority. Sec. 38.34.020. - Administration and enforcement; planning director authority. Sec. 38.34.030. - Enforcement; planning director. Sec. 38.34.040. - Stop-work order by planning director, building official, city engineer authority. Sec. 38.34.060. - Inaccurate or incomplete information and waivers. Sec. 38.34.090. - Planning director and building official; plan application checking; notice of noncompliance. Sec. 38.34.110. - Permit issuance; conformity with regulations required. Sec. 38.34.140. - Fee schedule. Sec. 38.34.150. - Complaints of alleged violations; filing and recording. Sec. 38.34.160. - Violation; penalty; assisting or abetting; additional remedies. ARTICLE 35. - APPEALS, DEVIATIONS AND VARIANCE PROCEDURES Sec. 38.35.060. - Zoning variances. Sec. 38.35.090. - Reasonable accommodation. ARTICLE 36. - TEXT AMENDMENTS [63] Sec. 38.36.010. - Initiation of amendments and changes. Sec. 38.36.030. - Public hearing procedures and requirements. 43 CHAPTER 38, ARTICLE 37. - ZONING MAP AMENDMENTS [64] Sec. 38.37.010. - Initiation of amendments and changes. ARTICLE 40. - NOTICING Sec. 38.40.040. - Notice of city approval within neighborhood conservation and entryway overlay districts. CHAPTER 38, ARTICLE 41. - SUBMITTAL MATERIALS AND REQUIREMENTS Sec. 38.41.020. - Streambed, streambank and/or wetlands permits. Sec. 38.41.030. - Subdivision preapplication plan. Sec. 38.41.070. - Final plat. Sec. 38.41.080. - Site plan submittal requirements. Sec. 38.41.090. - Certificates of appropriateness; additional application requirements, review procedures and review criteria. Sec. 38.41.120. - Planned unit development submittal requirements. ARTICLE 42. - DEFINITIONS Sec. 38.42.780. - Date of submission. Sec. 38.42.2370. - Planning department. UNRESOLVED ISSUES: None identified at this time. ALTERNATIVES: As recommended by the Commission. FISCAL EFFECTS: An estimated 38 pages will need to be revised as an effect of this Ordinance. Codification costs $22 per page plus $25 per Ordinance, for a total of $861. Attachment: Draft of Ordinance 1863 Report and Ordinance primarily prepared by Aimee Brunckhorst 44 1 of 3 ORDINANCE NO. 1863 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, PROVIDING THAT THE BOZEMAN MUNICIPAL CODE BE AMENDED BY REPLACING ALL REFERENCES TO THE DEPARTMENT OF PLANNING OR PLANNING DEPARTMENT WITH DEPARTMENT OF COMMUNITY DEVELOPMENT, AND BY REPLACING REFERENCES TO THE DIRECTOR OF PLANNING OR PLANNING DIRECTOR WITH DIRECTOR OF COMMUNITY DEVELOPMENT. WHEREAS, the City of Bozeman City Manager has renamed the Department of Planning to the Department of Community Development; and WHEREAS, the Director of Planning shall now be called the Director of Community Development to reflect the change in the department name. NOW THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Chapter 2, Article 4, Division 8 of the Bozeman Municipal Code shall be revised as follows: Section 1 DIVISION 8. - DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT (RESERVED) All references throughout the Bozeman Municipal Code to the department of planning shall be replaced with the department of community development. Section 2 All references throughout the Bozeman Municipal Code to the director of planning and the planning director, or the planning and community development director shall be replaced with director of community development. Section 3 45 Ordinance 1863, Department and Director of Community Development 2 of 3 Repealer. All provisions of the ordinances of the City of Bozeman in conflict with the provisions of this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4 Section 5 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 provisions of the Bozeman Municipal Code not amended by this Ordinance shall remain in full force and effect. Section 6 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 7 Codification. This Ordinance shall be codified as appropriate in Sections 1-3. Section 8 Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 46 Ordinance 1863, Department and Director of Community Development 3 of 3 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 4th day of March, 2013. ____________________________________ SEAN A. BECKER Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk 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 March, 2013. The effective date of this ordinance is _________, 2013. _________________________________ SEAN A. BECKER Mayor ATTEST: _______________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 47