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HomeMy WebLinkAboutFinal adoption of Ordinance 1893, Essential Services Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Chris Saunders, Policy and Planning Manager Wendy Thomas, Community Development Director SUBJECT: Final adoption of Ordinance 1893, a text amendment of the Bozeman Municipal Code to revise provisions relating to Essential Services. Application number Z14120. MEETING DATE: August 11, 2014 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 1893 RECOMMENDED MOTION: Should the Commission remove this item from the consent agenda the following motion is recommended: “Having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, and all the information presented, and a public hearing having been held and provisional adoption of Ordinance 1893 given on July 28, 2014; I hereby finally adopt Ordinance 1893 the Essential Services municipal code text amendment to revise definitions and establish review procedures and standards. Application Z14120.” BACKGROUND: The City Commission held a public hearing on July 28, 2014 and provisionally adopted Ordinance 1893. The ordinance makes modifications to the City’s definitions and review processes for Essential Services. Essential services are the public and quasi-public utilities and services required to support a modern city including electricity, water, fire protection, and communications. Specifically the amendment will amend the Bozeman Municipal Code to revise Sections 38.42.990 Essential Services Type 1 and Section 38.42.1000 Essential Services Type II, to add a new definition 38.42.1005 Essential Services Type III, to apply Essential Services in the authorized use tables of all zoning districts, to amend Section 38.19.070 to allow some Essential Services Type II to be reviewed as sketch plans, to amend Section 38.21.060.A to allow Essential Services Type I and Type II to encroach within required yards when within a utility easement; and to create a new Section 38.22.230 Essential Services to establish special standards applicable to Essential Services Types I, II and III UNRESOLVED ISSUES: None ALTERNATIVES: As directed by the Commission FISCAL EFFECTS: None identified. 166 Attachments: Ordinance 1893 Report compiled on: July 29, 2013 167 Page 1 of 12 ORDINANCE NO. 1893 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT ORDINANCE, BMC BY REVISING SECTIONS 38.42.990 AND 38.42.1000 AND CREATING SECTION 38.42.1005 TO DEFINE ESSENTIAL SERVICES TYPES I THROUGH III; REVISING SECTIONS 38.08.020, 38.09.020, 38.10.020, 38.11.020, 38.12.020 AND 38.13.030 TO ASSIGN THE DEFINED ESSENTIAL SERVICES TO INDIVIDUAL ZONING DISTRICTS AND ESTABLISH A REQUIRED REVIEW PROCEDURE; REVISE SECTION 38.19.070 TO ALLOW SOME ESSENTIAL SERVICES TYPE II FACILITIES TO BE REVIEWED AS A SKETCH PLAN; REVISE SECTION 38.21.060 TO ALLOW ESSENTIAL SERVICES TYPE I AND TYPE II TO ENCROACH INTO REQUIRED YARDS; AND CREATE SECTION 38.22.230 TO ESTABLISH SPECIAL STANDARDS APPLICABLE TO ESSENTIAL SERVICES. WHEREAS, The City of Bozeman (the “City”) is authorized by the City Charter and Montana law to adopt land development and use standards to protect public health, safety and welfare and otherwise execute the purposes of Section 76-2-304, MCA ; and WHEREAS, The provision of adequate public and quasi-public utilities are essential for the safe and functional operation of a city; and WHEREAS, The definition of Essential Services Types I and II was developed over two decades ago and the community and standards applicable to utilities have changed in that time and have been determined to not meet the need for regulation of public and quasi-public utilities; 168 Ordinance No. 1893, Definition of Essential Services Page 2 of 12 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: 1. The City relies upon the standards and definitions within Chapter 38, BMC to enable the development of the City in a manner which avoids conflicts between land uses, enables public notice of and comment on development which may affect residents and land owners, and provide predictability in government actions. 2. The definitions of Essential Services Types I and II were originally drafted over 20 years ago and have not been evaluated since for adequacy to current demands. 3. There are restrictions contained within Title 69, Public Utilities and Carriers, MCA on what areas the City may regulate which are not explicitly included within the existing definitions and standards applied to Essential Services Type I and II. 4. The present definitions have been shown to not be adequately clear to avoid dispute as to the proper classification of certain facilities as either a Type I or Type II facility. 5. A more nuanced range of Essential Services definitions will be a better fit for the diversity of facilities required to provide public and quasi-public utilities to the residents and customers within the City’s boundaries. 6. A restructuring of the definitions will provide additional specificity of definition and clarity of application. Section 2 That the Bozeman Municipal Code be amended by revising Section 38.42.900 Essential Services Type I to read as follows: Water pumping stations; stormwater drainage facilities (including collection lines, retention/detention ponds and drainageways); sanitary sewer and storm sewer lift stations; public domestic water storage facilities; water fill stations for firefighting equipment; local service telephone lines and cables; local service electrical distribution lines and cables; roof mounted distributed electrical generation solar panel arrays; local service cable television lines; local 169 Ordinance No. 1893, Definition of Essential Services Page 3 of 12 service electronic data transmission lines and cables; water and sanitary sewer distribution and collection lines; and public and amateur radio antennae and towers. Small-scale and below ground facilities, equipment and structures required for the provision of immediate customer service of public and quasi-public services within the City. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. These facilities, equipment and structures include: 1. Public water distribution lines. 2. Public sanitary sewer collection lines. 3. Stormwater drainage collection lines, stormwater drainage retention/detention ponds, and drainageways. 4. Fire hydrants. 5. Electric service: a. Below ground distribution and local transmission lines, cables and appurtenances. b. Above ground distribution and local transmission lines, cables and appurtenances no greater in height than the minimum required by the National Electric Safety Code (NESC) plus 15%. 6. Natural gas service: a. Below ground distribution lines and appurtenances. b. Below ground transmission lines and appurtenances. c. Natural gas regulator/valve stations and appurtenances, with no above ground buildings. 7. Communications services: a. Below ground telephone lines and cables; b. Below ground cable television lines; c. Below ground electronic data transmission lines and cables; 8. Above ground utility boxes, not to exceed 20 square feet in footprint; 9. Roof mounted distributed electrical generation solar panel arrays; 10. Public and amateur radio antennae and towers 170 Ordinance No. 1893, Definition of Essential Services Page 4 of 12 Section 3 That the Bozeman Municipal Code be amended by amending Section 38.42.1000 Essential Services Type II to read as follows: Pipelines to transport gas, oil and coal (interstate and intrastate); electric substations; electrical transmission lines (interstate and intrastate); public supply facilities (electric and gas); public treatment facilities (water, sanitary sewer and storm sewer); telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities; other accessory facilities, equipment and structures; and police and fire stations. Facilities, equipment and structures required for the provision of neighborhood level public and quasi-public services within the City. Additional items may be determined by the Director of Community Development to be appropriately included in this definition. Specific facilities, equipment and structures include: 1. Public water storage facilities; and pumping stations. 2. Public sanitary sewer or storm sewer lift stations. 3. Water fill stations for firefighting equipment. 4. Electric service: a. Transmission lines, cables and appurtenances operable prior to September 3, 1991 including the repair and replacement of the same as necessary to maintain their operation. b. Transmission lines, cables, and appurtenances 161kV or less and no greater in height than the minimum required by the National Electric Safety Code (NESC) plus 25%, other than those included in Essential Services (Type I) 5. Natural gas service: a. Natural gas regulator/valve stations and appurtenances, with above ground buildings not to exceed 125 sq. ft. 6. Communications services, except those included in Essential Services (Type I), including above ground buildings not to exceed 125 sq. ft: 171 Ordinance No. 1893, Definition of Essential Services Page 5 of 12 a. telephone lines and cables; b. cable television lines; c. electronic data transmission lines and cables; 7. Above ground utility boxes, from 20-125 sq. ft., except those included in Essential Services (Type I) Section 4 That the Bozeman Municipal Code be amended by creating a new Section 38.42.1005 Essential Services Type III to read as follows: Community-scale facilities, equipment and structures required for the provision of public services not otherwise listed as an Essential Services (Type I or II). 1. Public water treatment 2. Sanitary sewer treatment. 3. Storm sewer treatment. 4. Police and fire stations. 5. Electric substations and electrical transmission lines, cables and appurtenances, except those included in Essential Services (Type I) or Essential Services (Type II). 6. Natural gas regulator/valve stations and appurtenances, with above ground buildings in excess of 125 sq. ft. 7. Communications including but not limited to telephone satellite community dial offices; telephone exchanges and repeater stations, except those facilities which may be considered wireless facilities. 8. Gasoline, oil and coal pipelines. Section 5 That the Bozeman Municipal Code be amended by amending Section 38.08.020, Authorized Uses for residential zoning districts by amending Table 38.08.020 to read as follows with all other uses remaining unchanged: Table of Residential Uses Authorized Uses 172 Ordinance No. 1893, Definition of Essential Services Page 6 of 12 R-S R-1 R-2 R-3 R-4 R-O RMH Essential Services Type I A A A A A A A Essential Services Type II P P P P P P P Essential Services Type III C C10 C10 C10 C10 C10 C10 10 10 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. Section 6 That the Bozeman Municipal Code be amended by amending Section 38.09.020, Authorized Uses for the Residential Emphasis Mixed Use zoning district by amending Table 38.09.020 to read as follows with all other uses remaining unchanged: Table of Uses Maximum Gross Building Area Authorized Uses Essential Services Type I A Essential Services Type II C P Essential Services Type III C5 5 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. Section 7 That the Bozeman Municipal Code be amended by amending Section 38.10.020, Authorized Uses for the commercial zoning districts by amending Table 38.10.020 to read as follows with all other uses remaining unchanged: Table of Commercial Uses Authorized Uses B-1 B-2 B-3 173 Ordinance No. 1893, Definition of Essential Services Page 7 of 12 Essential Services Type I A A A Essential Services Type II P P P Essential Services Type III C9 P - C9 9 Only allowed when service may not be provided from an alternative site or a less intensive installation or set of installations. Section 8 That the Bozeman Municipal Code be amended by amending Section 38.11.020, Authorized Uses for the Urban Mixed Use zoning district by amending Table 38.11.020 to read as follows with all other uses remaining unchanged: Table of Uses Authorized Uses Essential Services Type I A Essential Services Type II C P Essential Services Type III C Section 9 That the Bozeman Municipal Code be amended by amending Section 38.12.020, Authorized Uses for the industrial zoning districts by amending Table 38.12.020 to read as follows with all other uses remaining unchanged: Table of Industrial Uses Permitted Uses BP M-1 M-2 Essential Services Type I A A A Essential Services Type II P P P Essential Services Type III P P P Section 10 174 Ordinance No. 1893, Definition of Essential Services Page 8 of 12 That the Bozeman Municipal Code be amended by amending Section 38.13.030, Authorized Uses for the Public Lands and Institutions zoning district by amending Table 38.13.030 to read as follows with all other uses remaining unchanged: Table of Uses Authorized Uses Ambulance Service P Cemeteries P Day care centers C Essential Services Type I P A Essential Services Type II C P Essential Services Type III P Museums, zoos, historic and cultural facilities and exhibits P Other buildings and structures typically accessory to permitted uses A Other public buildings, e.g. fire and police stations and municipal buildings P Public and nonprofit, quasi-public institutions, e.g. universities, elementary junior and senior high schools and hospitals P Publicly owned community centers P Publicly owned land used for parks, playgrounds and open space P Solid waste landfill and transfer facilities C Section 11 That the Bozeman Municipal Code be amended by revising Section 38.19.070 Sketch Plan Review to read as follows: A. Sketch plan submittal requirements. 1. Certain independent development proposals (i.e., not in conjunction with other development) are required to submit only sketch plans which include the information specified in section 38.41.110. 175 Ordinance No. 1893, Definition of Essential Services Page 9 of 12 2. Separate construction plans are necessary for building permits when the proposal requires such permits. Additional information is also necessary when the proposal requires the issuance of a certificate of appropriateness (see sections 38.19.080 and 38.41.090). 3. Examples of independent projects which qualify for sketch plan review are: individual single-household including manufactured homes on individual lots, two-household, three- household, and four-household residential units, each on individual lots and independent of other site development; accessory dwelling units in the R-2, R-3 and R-4 districts; fences; signs in compliance with the requirements of this chapter; regulated activities in areas with regulated wetlands not in conjunction with a land development proposal; grading of sites disturbing more than one-eighth but less than one-half acre, or movement of more than 30 but less than 100 cubic yards of material, or cut or fill of less than one cumulative foot, whichever is less; special temporary uses; reuse, change in use, or further development of sites per section 38.19.150, Essential Services Type II primarily underground with no above ground structures larger than 125 sq ft; and accessory structures associated with these uses. Other similar projects may be determined by the planning director to require only sketch plan review. The planning director may determine submittal requirements in addition to those in section 38.41.110. Projects which do not require sketch plan review may still require review and permitting for non-zoning issues. B. Sketch plan review procedures. 1. No certificate of appropriateness required. Sketch plans for projects which do not require a certificate of appropriateness shall be submitted to the planning department for a determination of compliance with the requirements of this chapter. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. In determining whether compliance is achieved the planning department shall consider the individual circumstances of the site when the development is subject to 38.19.150. 2. Certificate of appropriateness required. Sketch plans, including the material required by 38.41.090, and such additional information as may be required for projects which require a certificate of appropriateness as per 38.19.080 shall be submitted to the planning department, who shall review the proposal for compliance with this chapter, including 176 Ordinance No. 1893, Definition of Essential Services Page 10 of 12 compliance with the applicable overlay district requirements. Once compliance is achieved, the application will be approved for construction or referred to the appropriate permitting authorities. C. Sketch plan review criteria. Sketch plans shall be reviewed for compliance with all applicable requirements of this chapter including overlay district requirements and the cessation of any current violations of this chapter, exclusive of any legal nonconforming conditions. Plan changes may be required. Section 12 That the Bozeman Municipal Code be amended by amending Section 38.21.060.A, to add an additional allowed encroachment into required yards to add text as follows with the remainder of the section remaining unchanged: 8. Essential Services Type I and Type II may be located within a required yard when they are within a utility easement. Section 13 That the Bozeman Municipal Code be amended by creating a new Section 38.22.230 Essential Services to read as follows: Sec. 38.22.230. Essential Services. A. In recognition of Section 69-4-201, MCA, City ordinances cannot conflict with the National Electric Safety Code (NESC). B. In recognition of Section 69-3-102, MCA, vesting control over fees, charges, and tariffs for public utilities in the Public Service Commission, the City does not determine the costs charged to customers for services. C. Essential Services of Types I, II, or III operable prior to September 3, 1991, shall be considered to have developed under an approved plan, and shall be reviewed under Sec. 38.19.140, Reuse, change in use or further development of sites developed prior to the adoption date of the ordinance from which this chapter is derived. 177 Ordinance No. 1893, Definition of Essential Services Page 11 of 12 Section 14 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 15 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 16 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 17 Codification. This Ordinance shall be codified as indicated in Sections 2 – 13. Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. 178 Ordinance No. 1893, Definition of Essential Services Page 12 of 12 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 28th day of July 2014. ____________________________________ JEFFREY K. KRAUSS 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 11th of August, 2014. The effective date of this ordinance is the 10th of September, 2014. _________________________________ JEFFREY K. KRAUSS Mayor ATTEST: _________________________________ STACY ULMEN, CMC City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 179