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HomeMy WebLinkAboutA4. Text Amdmnt WetlandsPage 1 of 7 15-320, Staff Report for Administrative Text Amendments Addressing the Wetlands Review Board and Plan Review Provisions Public Hearing Dates: Zoning Commission and Planning Board joint public meeting Tuesday, April 5, 2016 City Commission public hearing Monday, April 11, 2016 Project Description: A text amendment to amend the Bozeman Municipal Code (BMC) to revise provisions relating to the Wetlands Review Board and Plan Review procedures. Project Location: Applicable throughout the entire corporate limit of Bozeman as it exist now and as it evolves through annexation over time, and applies to all properties. Recommendation: Approval Recommended Motions: Wetlands Review Board ZCA. Having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, and all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance 1945 the WRB text amendment. Plan Review ZCA. Having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, and all the information presented, I hereby adopt the findings presented in the staff report for application 15320 and move to provisionally adopt Ordinance 1944 the Plan Review text amendment. Report Date: April 6, 2016 Staff Contact: Tom Rogers, AICP; Senior Planner Agenda Item Type: Action (Legislative) EXECUTIVE SUMMARY Unresolved Issues None identified at this time. Project Summary These text amendment are a part of the City of Bozeman Unified Development Code (UDC) update, phase one. Two separate ordinances are provided to separate the two code revisions for discussion and adoption. The City continually strives to improve its review process to achieve greater efficiencies in limited resources and improve efficacy and transparency of governmental actions. The Plan 385 15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment Page 2 of 7 Review amendment furthers that effort by codifying more efficient processes to streamline application review. The City Commission voted to remove the duties of the Wetlands Review Board. Ordinance 1945 implements that action. Additional background information can be found in Appendix B. Zoning Commission The Zoning Commission held a public workshop on March 22, 2016 and a public hearing on April 5, 2016. All public testimony received will be provided to the Commission when available. The Zoning Commission public hearing has not been completed as of the date production of this report. A video of the public hearing will be provided. Alternatives Alternatives for Commission action are: 1) Adopt the amendments as proposed by Staff, 2) Adopt the amendments with revisions, 3) Do not adopt the amendments and leave the language as it exists. TABLE OF CONTENTS Executive Summary ........................................................................................................................ 1 Unresolved Issues ....................................................................................................................... 1 Project Summary ......................................................................................................................... 1 Zoning Commission .................................................................................................................... 2 Alternatives ................................................................................................................................. 2 Table of Contents ............................................................................................................................ 2 Section 1 - RECOMMENDATION AND FUTURE ACTIONS ................................................... 3 Section 2 - STAFF ANALYSIS AND FINDINGS ........................................................................ 3 Section 76-2-304, MCA (Zoning) Criteria ................................................................................. 3 PROTEST NOTICE FOR ZONING AMENDMENTS ................................................................. 5 APPENDIX A –Affected ZONING AND GROWTH POLICY provisions .................................. 5 appendix B – detailed project description and background ............................................................ 6 APPENDIX C – NOTICING AND PUBLIC COMMENT ........................................................... 6 Appendix D - Owner Information and Reviewing Staff ................................................................. 7 386 15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment Page 3 of 7 Fiscal effects ................................................................................................................................... 7 ATTACHMENTS ........................................................................................................................... 7 SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS Project Name: Wetlands Review Board and Plan Review Text Amendment File: 15-320 Having considered the criteria established for a municipal code amendment, the Community Development Staff recommends the approval of the text amendments. The Zoning Commission and Planning Board held a joint public work session on March 22, 2016 to consider the proposed amendments. No public comment relating to these amendments were heard. The Zoning Commission and Planning Board will hold a joint public hearing on the proposed amendments on April 5, 2016. The City Commission will hold a public work session on the text March 28, 2016 and a public hearing on the amendments and provisional adoption of Ordinances 1944 and 1945 on April 11, 2016. SECTION 2 - STAFF ANALYSIS AND FINDINGS In considering applications for approval under this title, the advisory boards and City Commission shall consider the following: Section 76-2-304, MCA (Zoning) Criteria A. Be in accordance with a growth policy. Yes. An underlying principle of the Bozeman Community Plan is to ensure that all regulatory and non-regulatory implementation actions undertaken by the City to achieve the goals and objectives of this plan are effective, fair, and are reviewed for consistency with this plan on a regular basis. Objective G-2.1 states that development requirements and standards are efficiently implemented, fairly and consistently applied, effective, and proportionate to the concerns being addressed. The intent of both ordinances is to improve City processes in a fair, equitable and transparent manner to insure consistency. 387 15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment Page 4 of 7 This plan provides overarching policy direction for all City actions. Therefore, all actions taken to implement this plan must be reviewed to ensure compliance. Further under this goal, the Plan includes Objective G-2.4, which states: “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.” Improving review processes for development within he City will support balanced regulatory review of development proposals. B. Secure safety from fire and other dangers. Yes. The proposed amendments do not change the breadth of tools available to the City in identifying and mitigating risk from land use and development. C. Promote public health, public safety, and general welfare. Yes. The proposed amendments do not change the requirements for provision of water or sewer systems, provision of emergency response capability, or similar existing standards. The proposed procedural amendments do not eliminate any required standards currently adopted by the City. Rationale: The regulatory provisions established through the City’s municipal code under Chapter 38, Unified Development Code (UDC), BMC, will adequately address the issues of health and general welfare. Further development of any particular property may also require review and approval by the Montana Department of Health and Environmental Quality, City Engineer's Office, Director of Public Works, Development Review Committee, and Design Review Board. D. Facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements. Neutral. The proposed text amendments will not affect publicly required transportation, water, sewerage, schools, parks and other systems if and when development occurs. Established procedures will provide for mitigation of impacts as they occur. E. Reasonable provision of adequate light and air. Neutral. The proposed text amendments will not affect reasonable provisions of adequate light and air. The text amendments are designed to improve review processes and create efficiencies in achieving the over goals of the City. F. The effect on motorized and non-motorized transportation systems. Neutral. No changes to transportation standards are proposed. G. Promotion of compatible urban growth. Yes. The proposed text amendments will promote compatible urban growth improving review processes. These improvements will allow greater focus on adopted criteria of 388 15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment Page 5 of 7 evaluation for development. In addition, the efficiencies achieved through these revisions could be used to financially support to be invested in site development. H. Character of the district. Neutral. The proposed amendments do not make material changes to the character of the established zoning districts. Any development may be subject to the provisions being amended if required. The actions and processes involved do not directly impact character of a district; rather they create a framework to review development proposals. I. Peculiar suitability for particular uses. Neutral. The proposed amendments do not make material changes to land uses. The more intensive uses are still reserved for appropriate zoning districts. J. Conserving the value of buildings. Neutral. The proposed amendments do not make material changes to building requirements or standards. K. Encourage the most appropriate use of land throughout the jurisdictional area. Neutral. The proposed amendments do not make material changes to the zoning districts. PROTEST NOTICE FOR ZONING AMENDMENTS IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF EITHER THE AREA OF THE LOTS WITHIN THE AMENDMENT AREA OR THOSE LOTS OR UNITS WITHIN 150 FEET FROM A LOT INCLUDED IN A PROPOSED CHANGE, THE AMENDMENT SHALL NOT BECOME EFFECTIVE EXCEPT BY THE FAVORABLE VOTE OF TWO-THIRDS OF THE PRESENT AND VOTING MEMBERS OF THE CITY COMMISSION. APPENDIX A –AFFECTED ZONING AND GROWTH POLICY PROVISIONS Zoning Designation and Land Uses: These amendments eliminate the required review of project that fall under the jurisdiction of the Wetlands Review Board (WRB) and generally improve the review process for plan review. The City Commission eliminated the WRB duties and Ordinance No. 1945 implements this decision. The City reserves the ability to consult with similarly qualified individuals when it deems necessary to insure full compliance with adopted regulations. 389 15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment Page 6 of 7 The amendments to the plan review process reflect contemporary review process that eliminates redundancy, time, and creates a more predicable process for the community. The amendments have been field tested and been found to be effective in eliminating superfluous review and decreasing review time by the City. These amendments are a part of the Unified Development Code Update. APPENDIX B – DETAILED PROJECT DESCRIPTION AND BACKGROUND Project Description The purpose of this project is to review and update as needed the Unified Development Code (UDC) for the City of Bozeman in two related steps. With the adoption of the City’s Community Plan in 2009, the existence of numerous adopted neighborhood and special area plans, and rapid growth (infill and edge), the City recognizes the need to update its land development regulations and standards. Bozeman initially adopted zoning in 1934. Bozeman’s current UDC structure which includes zoning, subdivision, and infrastructure standards was established in 2004. Many older elements and standards were carried forward in 2004. The present text therefore does not always reflect best zoning, planning and infrastructure practices. Incremental modifications and updates are ongoing resulting in a less efficient code to administer, unnecessary complexity, leading to questionable effectiveness in implementing the land use and design recommendations in Bozeman’s adopted plans. Large areas of Bozeman’s older neighborhoods are nonconforming. This has led to frequent variance requests and incremental amendments to the UDC. The older areas of town have experienced substantial reinvestment in the past 20 years and there is a growing interest in increased development in the historic core of the community. The additional intensity of use has created conflicts between new and existing users The City seeks to revise the development code in a two-step process. Phase one is focused on the North Seventh Avenue corridor and urban renewal/tax increment district (TIF). Phase two expands the focus to the entire City. APPENDIX C – NOTICING AND PUBLIC COMMENT Table 38.40.040, BMC lists notice requirements for all types of applications. 390 15-320, Staff Report for the Wetlands Review Board and Plan Review Text Amendment Page 7 of 7 The notice was submitted Thursday, March 17, 2016 for publication as a legal ad on Sunday, March 20 and 27, 2016. Notice of the public workshops and hearings were posted City’s website. Notice was provided at least 15 and not more than 45 days prior to the Zoning Commission on Tuesday, April 5, 2016 and City Commission public hearing on Monday, April 11, 2016. Notice of all workshops and hearings were mailed to all property owners and businesses within the boundaries of the proposed district and within 500 feet of the exterior boundary of the district on Friday, March 18, 2016 via first class US mail. As this Text Amendment applies to the entire corporate limits of Bozeman as it exists now and evolves over time through annexation, and it applies to all properties, there is no requirement for posting specific properties. No public comment has been received as of the writing of this report. APPENDIX D - OWNER INFORMATION AND REVIEWING STAFF Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771 Representative: Department of Community Development Report By: Tom Rogers, AICP; Senior Planner FISCAL EFFECTS No fiscal effects have been identified. No presently budgeted funds will be changed by this text amendment. ATTACHMENTS The full application and file of record can be viewed at the Community Development Department at 20 E. Olive Street, Bozeman, MT 59715. 391 Page 1 of 20 ORDINANCE NO. 1945 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING ARTICLE 2.05, BOARDS AND COMMISSIONS BY REVISING SECTION 2.05.2900 TO ALTER HOW THE WETLANDS REVIEW BOARD IS CREATED AND DISSOLVED, SECTION 2.05.2910 TO REVISE TERMS, SECTION 2.05.2920 TO REVISE WETLAND REVIEW BOARD PROCEDURES; AND CHAPTER 38, UNIFIED DEVELOPMENT ORDINANCE, BMC BY REVISING SECTION 38.20.040 TO REVISE PLANNED UNIT DEVELOPMENT PROCEDURES RELATING TO THE WETLAND REVIEW BOARD, SECTION 38.30.040 TO REMOVE REFERENCE TO THE BOZEMAN AREA WETLANDS MAP, SECTION 38.30.060 TO REMOVE REFERENCES TO THE WETLAND REVIEW BOARD AND CLARIFY PERMISSIBLE ACTIVITIES, SECTION 38.30.080 TO REMOVE REFERENCES TO WETLAND REVIEW BOARD, SECTION 38.30.090 TO REMOVE REFERENCES TO WETLAND REVIEW BOARD, SECTION 38.33.010 TO REVISE REFERENCES, AND SECTION 38.34.010 TO REMOVE REFERNCES TO SPECIFIC ADVISORY BODIES. 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 City of Bozeman has determined that an alternative structure for review of applications related to wetlands is beneficial; and WHEREAS, It is necessary for ordinance to support daily practice of development review; 392 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 2 of 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 Legislative Findings: 1. The City has been unable to obtain the necessary number of qualified persons to serve as members of the Wetland Review Board. 2. The City must be able to effectively apply the adopted standards related to wetlands. 3. An alternative option to meet the responsibilities of the Wetland Review Board is to contract for necessary professional services to perform the required review. 4. It is appropriate to retain the structure of the Wetland Review Board as a portion of the municipal code so that it may be reconstituted at a future time when deemed appropriate by the City Commission. 5. Some minor clarifications in the language regarding wetlands are prudent to accomplish in association with revisions to the Wetland Review Board. Section 2 That the Bozeman Municipal Code be amended by revising Section 2.05.2900 to read as follows: Sec. 2.05.2900. - Established—Powers and duties. A. The city commission may establish by resolution a wetlands review board (WRB). The WRB is established to review wetland related submittal materials, prepare functional assessments of regulated wetlands that may be impacted by proposed regulated activities, evaluate the impacts proposed regulated activities may have on delineated wetlands and to provide wetlands protection, mitigation and/or enhancement recommendations regarding such proposals review authority established by 38.34.010, subject to the provisions of chapter 38. B. If established, the WRB shall act as an advisory body to the review authority for proposals that include alteration of wetlands including sketch and site plans, conditional use permits, planned unit developments, subdivisions, divisions of land and other actions as requested by the city review authority. C. The city commission may by resolution dissolve a previously constituted WRB and in doing so assign all authority and responsibility of the WRB and any pending applications to the review authority. 393 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 3 of 20 Section 3 That the Bozeman Municipal Code be amended by amending Section 2.05.2910 to read as follows: Sec. 2.05.2910. - Composition. A. If established, the The WRB shall consist of six members appointed to staggered terms of. An appointment to a term of service on the WRB is for two years. Members shall be degreed in their respective disciplines and/or otherwise licensed or certified by their respective professional authorities. Members shall have experience in at least one of the following wetland and/or stream specializations: ecology, soils, botany, and/or hydrology. B. In selecting the members, the city commission shall give preference to residents of the city. However, where a qualified resident is not available to serve, the city commission may appoint a member who practices professionally, owns property or owns a business within the city. Section 4 That the Bozeman Municipal Code be amended by amending Section 2.05.2920 to read as follows: Sec. 2.05.2920. - Procedures. If established, the The WRB will be convened as necessary determined by the planning director to review proposals that involve regulated activities and that may impact regulated wetlands based on the provisions contained in article 30 of chapter 38. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, scheduling meetings as needed to be attended by members of the WRB. Written meeting reviews setting forth decisions and findings shall be made. These records shall be preserved as part of the official proceedings for each development proposal. Lastly, t The WRB shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules, upon the approval of the city commission, that will ensure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the wetland review process. Section 5 That the Bozeman Municipal Code be amended by amending Section 38.20.040 to read as follows: 394 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 4 of 20 Sec. 38.20.040. - Planned unit development review procedures and criteria. A. When a subdivision is proposed in conjunction with a zoning planned unit development, the subdivision review shall be coordinated with the zoning review. All steps listed in this section shall apply whether the application is for a subdivision or zoning PUD, and reference to plan includes plat unless the context clearly indicates otherwise. Approval of a planned unit development shall consist of three procedural steps: preapplication, preliminary plan and final plan. All subdivision PUDs shall also meet all standards for plats. 1. Preapplication review. a. A preapplication review is mandatory for all planned unit development proposals. b. A preapplication shall be submitted for review and discussion with the DRC, DRB, and if applicable the WRB and planning staff of the applicant's proposal and any requirements, standards or policies that may apply. This step represents an opportunity to identify any major problems that may exist and identify solutions to those problems before formal application. c. Preapplication review procedures. Preapplication review meetings will be held by the DRC and, DRB and WRB (if applicable) and will provide guidance for planned unit development applications. The general outline of the planned unit development proposal, presented as graphic sketch plans, shall be submitted by the applicant to the planning department at least ten days prior to the meeting of the review bodies. The outline shall be reviewed by the DRC and, DRB and WRB (if applicable). Thereafter, the planning department shall furnish the applicant with written comments regarding such submittal, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the planned unit development preliminary plan application. 2. Preliminary plan review. Sufficient information shall be submitted to permit review of the land use relationships, densities and the type, size and location of the principal design elements of the planned unit development by the advisory bodies and review authority. For a planned unit development that will be developed in phases, the developer must submit either a preliminary plan for all phases, or else submit a preliminary plan for the initial phase or phases and development guidelines for all subsequent phases. Submittal requirements are in addition to those required for site plan and conditional use permit review. a. Application process. Upon completion of preapplication review and receipt of the planning department's comments on the preapplication, an application for preliminary plan approval may be filed with the planning department. b. Public hearings and meetings. Notice of public hearings and/or public meetings for any preliminary plan application shall be provided in accordance with article 40 of this chapter. c. Review criteria. In order to approve an application for a planned unit development the city commission shall determine that the application is in conformance with all 395 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 5 of 20 applicable standards, objectives and criteria of this chapter unless an appropriate deviation is granted. d. Recommendations. The DRC and, DRB and WRB (if applicable) shall recommend the approval, conditional approval or denial of the preliminary plan to the review authority and shall include in such recommendation the basis upon which such recommendation was determined. e. Preliminary plan approval. The city commission, after conducting a public hearing, may approve, disapprove or approve with conditions the proposed planned unit development. The city commission shall issue a written record of their decision to discuss and weigh the review criteria and standards applicable to the PUD. 3. Final plan review and approval. The final plan must be in compliance with the approved preliminary plan and/or development guidelines except as provided for in subsection 3.d of this section, and shall be reviewed DRC and ADR staff and approved by the review authority. a. Application process. Upon approval or conditional approval of a preliminary plan and the completion of any conditions imposed in connection with that approval, an application for final plan approval may be submitted. b. Review criteria; compliance with preliminary plan. For approval to be granted, the final plan shall be in compliance with the approved preliminary plan. This shall mean that all conditions imposed by the city commission as part of its approval of the preliminary plan have been met and: (1) The final plan does not change the general use or character of the development; (2) The final plan does not increase the amount of improved gross leasable nonresidential floor space by more than five percent, does not increase the number of residential dwelling units by more than five percent and does not exceed the amount of any density bonus approved with the preliminary plan; (3) The final plan does not decrease the open space and/or affordable housing provided; (4) The final plan does not contain changes that do not conform to the requirements of this chapter, excluding properly granted deviations, the applicable objectives and criteria of 38.20.100, or other objectives or criteria of this chapter. The final plan shall not contain any changes which would allowed increased deviation/relaxation of the requirements of this chapter; and (5) The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. c. Final plan approval. The final plan may be approved if it conforms to the approved preliminary plan in the manner described above. Prior to final plan approval, the review authority may request a recommendation from the DRC, ADR staff, DRB, WRB or other entity regarding any part of a proposed final plan. If a final plat is 396 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 6 of 20 part of the final plan submittal, the review authority per 38.34.010 shall have responsibility to approve the final plat. (1) Final plats associated with a PUD shall be subject to the requirements of 38.03.060 and 38.41.070. d. Amendments to final plan. Building permits and other development approvals shall be issued on the basis of the approved final plan and any conditions of approval. No city administrative personnel are permitted to issue permits for improvements which are not indicated on the approved final plan with the exception of the following: (1) Minor changes. (a) Minor changes to a planned unit development may be approved administratively and in writing whereupon a permit may be issued. Such changes may be authorized without additional public notice at the discretion of the review authority. This provision shall not prohibit the review authority from requesting a recommendation from the DRB, DRC, ADR staff, WRB or other entity. (b) Minor changes shall be defined as follows: (i) Those developments that do not change the character of the development; (ii) An increase of less than five percent in the approved number of residential dwelling units; (iii) An increase of less than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (iv) A change in building location or placement less than 20 percent of the building width without compromising requirements of the UDO; (v) An increase in the number of lots less than two percent without increasing the density by more than five percent. This is applicable only to zoning PUD plans, not subdivision PUD plats; (vi) The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter; and/or (vii) The final plat, if applicable, does not create any additional lots which were not reviewed as part of the preliminary plan submittal. (c) When a planned unit development has been prepared in sufficient detail to address the concerns of article 19 of this chapter including but not limited to general building envelopes, design character of buildings, and landscaping for some or all of the parcels within its boundaries the final site development plans may be reviewed as an amendment to the PUD 397 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 7 of 20 final plan. The intention to use this provision must be part of the initial submittal and review of the PUD. (2) Major changes. (a) Major changes to a planned unit development must follow the same planned unit development review and public notice and comment process required for approval of preliminary plans. The final plan shall not contain any changes which would allow increased deviation/relaxation of the requirements of this chapter without being individually noticed and reviewed for the proposed change. (b) Major changes shall be defined as follows: (i) A change in the character of the development; (ii) An increase of greater than five percent in the approved number of residential dwelling units; (iii) An increase of greater than five percent in the approved gross leasable floor areas of retail, service, office and/or industrial buildings; (iv) A reduction in the approved open space and/or affordable housing units provided; (v) A change in the location and placement of buildings; and/or (vi) An increase in the number of lots above what was approved through the preliminary plan review. This is applicable only to zoning PUD plans, not subdivision PUD plats. The final plat, if applicable, may not create any additional lots which were not reviewed as part of the preliminary plan submittal. Section 6 That the Bozeman Municipal Code be amended by amending Section 38.30.040 to read as follows: Sec. 38.30.040. - Wetlands review board powers and duties. A. If established, the WRB shall have the powers and duties established in 2.05.2900 when a WRB has been established per 2.05.2900. Section 7 That the Bozeman Municipal Code be amended by amending Section 38.30.050 to read as follows: Sec. 38.30.050. - Wetlands mapping determinations. 398 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 8 of 20 A. The Bozeman Area Wetlands Map shall be adopted by resolution and shall, in addition to the submittal materials of section 38.41.130, be used to implement this article. AB. The Bozeman Area Wetlands Map may be amended by resolution by means of the performance of a wetland boundary determination. Wetland boundary determinations shall be performed in accordance with the procedures specified in the Federal Manual for Identifying and Delineating Jurisdictional Wetlands (January 1987). B. An electronic and printed document CD-ROM containing the wetland boundary determination and raw survey data (if applicable) shall be provided per Article 38.41.for use in amending the Bozeman Area Wetland Map. The data shall be reported in UTM Zone 12 coordinates and NAD83 datum. C. Prior to annexation, wetland boundary determinations and functional assessments shall be prepared for all wetlands on the property to be annexed. Section 8 That the Bozeman Municipal Code be amended by amending Section 38.30.060, to read as follows: Sec. 38.30.060. - Regulated activities. A. No person shall conduct any of the following regulated activities within a regulated wetland area, as described in 38.30.030, without first having the proposed activity reviewed by the WRB and approved by the review authorities authority established in article 34 as appropriate. Any activity in a regulated area which reduces the size of a wetland or reduces the degree to which a wetland performs any function is subject to the requirements of this article. Such activities including include but are not limited to: 1. Placement of any material, including without limitation any soil, sand, gravel, mineral, aggregate, organic material or water; 2. Construction, installation or placement of any obstruction or the erection of a building, trail, boardwalk or other structure; 3. Removal, excavation or dredging of solid material of any kind, including without limitation any soil, sand, gravel, mineral, aggregate or organic material; 4. Removal of any existing vegetation or any activity which will cause any loss of vegetation in a wetland; 5. Alteration of the water level or water table by any means, including without limitation draining, ditching, trenching, impounding or pumping; and 6. Disturbance of existing surface drainage characteristics, sedimentation patterns, flow patterns, or flood retention characteristics by any means, including without limitation grading and alteration of existing topography. B. The following activities are permissible in a wetland area, without review by the WRB and prior approval by the city review authority, if the such activities activity does not reduce the 399 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 9 of 20 size of a wetland or significantly reduce the degree to which a wetland performs any function. Such activity must be and in compliance with any other applicable state or federal law. Activities permissible without prior approval include: 1. Maintenance of an existing and lawful public or private road, structure or facility, including but not limited to drainage facilities, water conveyance structures, dams, fences or trails, or any facility used to provide transportation, electric, gas, water, telephone, telecommunications or other services provided that these activities do not materially change or enlarge any road, structure or facility; 2. Maintenance of an existing farm or stock pond, water conveyance structure irrigation ditch, agricultural fence or drainage system; 3. Weed control consistent with a Noxious Weed Management and Revegetation Plan approved by the county weed control district; 4. Continuation of existing agricultural practices such as the cultivation and harvesting of hay or pasturing of livestock, or change of agricultural practices which has no greater impact on wetland function; 5. Conservation or preservation of soil, water, vegetation, fish and other wildlife; 6. Outdoor recreational activities, such as fishing, bird watching, hiking, rafting and swimming which do not harm or disturb the wetland; 7. The harvesting of wild crops; 8. Education and scientific research; 9. Minor improvements and landscape maintenance outside a wetland but within a required previously established wetland buffer but outside the boundaries of a delineated wetland, including but not limited to the pruning of trees, mowing of grass, and removal of dead vegetation and debris; and 10. Activities in a wetland previously approved pursuant a wetland permit set forth in section 38.30.090, including but not limited to removal of debris and maintenance of vegetation and wildlife habitat. Section 9 That the Bozeman Municipal Code be amended by amending Section 38.30.070, to read as follows: Sec. 38.30.070. - Application requirements and procedures for regulated activities in regulated wetland areas. A. Review. All proposals for regulated activities in regulated wetlands areas shall be reviewed by the review authority WRB. The applicant shall prepare a functional assessment for all reviewed regulated wetlands areas. Based on the prepared functional assessment and other submittal materials, the review authority may request the WRB, if established, shall forward 400 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 10 of 20 a recommendation of approval, conditional approval or denial to the review authority as established in article 34. B. Approval Decision. All proposals for regulated activities in regulated wetland areas shall be reviewed and approved, conditionally approved, or denied by the city review authority in accordance with articles 3, 4, 19 and 20 of this chapter prior to commencement of the regulated activity. 1. If a regulated activity is proposed for a regulated wetland area, but the regulated activity is not proposed in conjunction with a land development proposal, the applicant shall submit a sketch plan application for review and recommendation decision by the review authority WRB, and review and approval by the review authority as established in article 34. C. Submittal materials. The information required in 38.41.130 shall be submitted for all regulated activities proposed for regulated wetland areas. D. Noticing. The review of regulated activities proposed for regulated wetland areas shall comply with the noticing requirements of article 40 of this chapter. Section 10 That the Bozeman Municipal Code be amended by amending Section 38.30.080, to read as follows: Sec. 38.30.080. - Review standards. A. The city review authority may approve, conditionally approve or deny a regulated activity in a regulated wetland area based on a recommendation from the WRB, and if: 1. The applicant has demonstrated that all adverse impacts on a wetland have been avoided; or 2. The applicant has demonstrated that any adverse impact on a wetland has been minimized; the activity will result in minimal impact or impairment to any wetland function and the activity will not result in an adverse modification of habitats for, or jeopardize the continued existence of, the following: a. Plant, animal or other wildlife species listed as threatened or endangered by the United States Fish and Wildlife Service; and/or b. Plant, animal or other wildlife species listed as a species of concern, species of potential concern, or species on review by the state department of fish, wildlife and parks and the state natural heritage program; or 3. The applicant has demonstrated that the project is in the public interest, having considered and documented: a. The extent of the public need for the proposed regulated activity; b. The functions and values as determined by a state accepted method of functional assessment of the wetland that may be affected by the proposed regulated activity; 401 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 11 of 20 c. The extent and permanence of the adverse effects of the regulated activity on the wetland and any associated watercourse; d. The cumulative adverse effects of past activities on the wetland; and e. The uniqueness or scarcity of the wetland that may be affected. Section 11 That the Bozeman Municipal Code be amended by amending Section 38.30.090 to read as follows: Sec. 38.30.090. - Wetland permit conditions. A. The review authority WRB may recommend conditions of approval for proposed regulated activities, and the city may conditionally approve proposed regulated activities, subject to the following conditions: 1. Requiring the provision of a wetland buffer of a size appropriate for the particular proposed activity and the particular regulated wetland area; 2. Requiring that structures be appropriately supported and elevated and otherwise protected against natural hazards; 3. Modifying waste disposal and water supply facilities; 4. Requiring deed restrictions or covenants regarding the future use and subdivision of lands, including but not limited to the preservation of undeveloped areas as open space and restrictions on vegetation removal; 5. Restricting the use of an area, which may be greater than the regulated wetland area; 6. Requiring erosion control and stormwater management measures; 7. Clustering structures or development; 8. Restricting fill, deposit of soil and other activities which may be detrimental to a wetland; 9. Modifying the project design to ensure continued water supply to the regulated wetland; and 10. Requiring or restricting maintenance of a regulated wetland area for the purpose of maintaining wetland functions. 11. A yearly mitigation monitoring report to be submitted to the review authority WRB on a yearly basis, with the due date to be determined on a case-by-case basis. 12. A deed restriction to be filed with the county clerk stating the measures that will be taken to protect all water resources, mitigation, and buffer areas in perpetuity. 13. That all reasonable effort has been made to limit indirect impacts to vegetation, faunal interspersion and connectivity, and hydrological connectivity in the site design (e.g., any structures, boardwalks, viewing platforms, or bridges, which are constructed within 402 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 12 of 20 wetlands will have at least a two-foot space between the bottom chord of the structure and the wetland surface elevation to limit shading impacts and allow wetland vegetation to persist). 14. The review authority WRB may recommend conditions to mitigate for locally-regulated (wetlands not connected to a water of the U.S.) infringement upon watercourses, buffers, or negative indirect or direct effects on the functionality of wetlands, watercourses or buffers. Section 12 That the Bozeman Municipal Code be amended by amending Section 38.33.010 to read as follows: Sec. 38.33.010. - Purpose of DRC, DRB, ADR, WRB, and BOA. A. Purpose. The development review committee (DRC), design review board (DRB), administrative design review staff (ADR) and wetlands review board (WRB), if established, have been established to coordinate, expedite and ensure fair and equitable implementation of this chapter. The objective, to be implemented through their procedures and deliberations, shall be to encourage development quality that will enhance both the natural and built environments, with consideration to present and future property values, and to carry out the purposes of this chapter. All bodies authorized or referenced under this article may call upon any city staff or other persons with technical expertise, and may testify before any board, commission or other body upon the subjects for which they have responsibility. 1. DRC. The DRC is established to evaluate all proposals subject to the provisions of this chapter. The DRC is the body charged with reviewing items relating to public health and safety. The DRC shall act as an advisory body to the review authority established by 38.34.010 for site plans, conditional use permits, planned unit developments, divisions of land, zone map amendments, annexations and other actions as requested by review authority. 2. DRB. The DRB has the duties and responsibilities established by 2.05.3000. 3. ADR. The ADR staff is established as the review body for aesthetic considerations of smaller and less complex proposals which are less likely to produce significant community impact and to provide recommendations regarding such proposals to the review authority established by 38.34.010, subject to the provisions of this chapter. a. The ADR staff shall act as an advisory body to the review authority regarding reuse/further development permits within overlay districts; and b. The ADR staff shall act as an advisory body to the review authority regarding all sketch plans and site plans not meeting one or more of the thresholds 38.19.040.B, for conditional use permits for accessory dwelling units, conditional use permits where no additional building area will be created, and nonPUD divisions of land; c. The ADR may develop, and after adoption by the city commission, apply specific guidelines related to such concerns as architectural appearance, landscape design and signage for the construction and/or alteration of structures, sites or areas; and 403 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 13 of 20 d. The ADR may review applicable development proposal applications for zoning amendments, or applications for moving, demolition or any other kind of permit that may affect properties located within entryway corridors. 4. WRB. The WRB, if established, has the duties and responsibilities established by 2.05.2900 when a WRB has been established. 5. BOA. The BOA, if established, has the duties and responsibilities established by 2.05.2810 when a BOA has been established. B. Development review committee procedures established. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by representatives of each of the city departments charged with development review. Each department shall have the ability and authority to require the DRC to make a recommendation of denial when in their view the project cannot meet the requirements and review criteria of this chapter and acceptable conditions do not exist to cure the identified failings of the project. Written meeting reviews, in the form of staff reports or summary reviews prepared by the planning department, shall be made setting forth the DRC's recommendation to the review authorities established in article 34 and reasons for requiring such conditions as may be deemed necessary by the DRC. These records shall be preserved as part of the official file for each development proposal. Lastly, the DRC shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules that will ensure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the developmental review process. 1. The DRC shall at a minimum be composed of the following personnel: city engineer, fire marshal, the streets superintendent, the sanitation superintendent, the water/sewer superintendent, the planning director and the building official. When necessary, other members of the committee may include: the director of public safety, the superintendent of facilities and public lands, the superintendent of recreation, the city manager, with other individuals to be included as necessary at the planning director's request. 2. When applicable, the DRC may solicit the input of noncity agencies and persons including, but not limited to, the county subdivision review officer, the county sanitarian, the county road superintendent, and state or federal agencies, with other individuals to be included as necessary. C. Design review board procedures established. The DRB will be convened as necessary and shall follow procedures as set forth in 2.05.3020. D. Administrative design review staff procedures established. To implement the purposes of this chapter, procedures shall be adopted for the administrative evaluation of a proposal without public notice or comment, unless a deviation from the underlying zoning is requested. After a proposal has been evaluated by the ADR staff, they shall issue a written decision that shall include findings and may include a notice of required corrections. The ADR staff may call a conference with the applicant to determine design alternatives, or the applicant may call a conference with the ADR staff for the same purpose. Any such conference shall be conducted prior to the issuance of a building permit for the proposal. 404 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 14 of 20 1. ADR staff shall consist of two planning department staff members. One member shall be degreed or otherwise licensed or certified by such member's respective professional authorities in an environmental design discipline such as architecture, landscape architecture or urban design. The second member shall be the planning director who may or may not be degreed in architecture. In the event that necessary ADR staff is not available, the DRB may act to provide design review services. E. Waiver of design review. In the event that neither the DRB nor the ADR staff are able to complete a quorum or have the necessary personnel to conduct the reviews otherwise required by this chapter, the requirement for review by DRB or ADR is waived. Nothing in this section shall constitute a waiver of the required review criteria established in articles 16, 17, 20, and 30 of this chapter. F. Wetlands review board procedures. The WRB will be convened as necessary and shall follow procedures as set forth in 2.05.2920 when a WRB has been established. G. Board of adjustment procedures established. The BOA will be convened as necessary and shall follow procedures as set forth in 2.05.2830 when a BOA has been established. Section 13 That the Bozeman Municipal Code be amended by amending Section 38.34.010 to read as follows: Sec. 38.34.010. - Review authority. A. The city commission has the right to review and require revisions to all development proposals subject to this chapter, and delegates that authority in certain circumstances as set forth below. The purpose of this review is to prevent demonstrable adverse impacts of the development upon public safety, health or general welfare, or to provide for its mitigation; to protect public investments in roads, drainage facilities, sewage facilities, water facilities, and other facilities; to conserve the value of adjoining buildings and/or property; to protect the character of the city; to protect the right of use of property; advance the purposes and standards of this chapter and the adopted growth policy; and to ensure that the applicable regulations of the city are upheld. 1. The city commission retains to itself under all circumstances the review of the following: a. Subdivisions which do not qualify as a subdivision exemption per article 5 of this chapter; b. Amendments to the text of this chapter or amendment to the zoning map; c. Determination to accept cash-in-lieu of park land dedications, except in the B-3 zone district; d. Extensions of subdivision preliminary plat approvals for periods greater than two years; 405 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 15 of 20 e. Planned unit development preliminary plans and major amendments to planned unit developments; f. Conduct public hearing for applications under 76-2-402, MCA; g. Appeals from administrative interpretations and final project review decisions; h. Approval of park master plans; i. Large scale retail per section 38.22.180; and j. Exceptions to installation of bikeways and boulevard trails per 38.24.110.E. B. The planning director shall, upon recommendation from the DRC, DRB, ADR, WRB or other advisory body as may be applicable advisory bodies approve, approve with conditions or deny all applications subject to this chapter except those listed below, Decisions of the planning director are subject to the appeal provisions of article 35 of this chapter. 1. Projects excluded from planning director review: a. Those applications specifically reserved to another approval authority as stated in this section; b. Development of city property which does not conform to all standards of this chapter; c. Conduct public hearing for applications under 76-2-402 MCA; d. Any application involving variances from this chapter; e. Subdivision preliminary and final plats not meeting the requirements for a subdivision exemption per article 5; f. Conditional use permits; g. Preliminary plans and major amendments to planned unit developments; h. Large scale retail per section 38.22.180; i. Exceptions to design standards for transportation pathways per section 38.24.110.E; j. Applications, except within the B-3 zoning district, which propose the use of cash- in-lieu of parkland per section 38.27.030; k. Approval of park master plans, l. Designation of historic or culturally significant signs; m. Applications with deviations except that the planning director is the review authority for applications which have: (1) Two or fewer deviations, which deviations may not request a more than 20 percent change in the standard for which the deviation is sought; and (2) Which are not otherwise prohibited to the planning director for their review; n. Amendments to the text or the zoning map per articles 36 and 37; 406 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 16 of 20 o. Extensions to subdivision review for periods exceeding two years; and p. Appeals from final administrative action on interpretations or project final decisions; 2. Exception. The city commission may, by an affirmative, simple majority, vote of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the planning director. The vote shall occur prior to the action of the planning director. C. When a board of adjustment has been appointed per section 2.05.2800, the board of adjustment shall, upon recommendation from the DRC, DRB, ADR, WRB or other advisory body as may be applicable advisory bodies approve, approve with conditions or deny those applications specifically delegated to it by the city commission. Decisions of the BOA are subject to the appeal provisions of article 35 of this chapter. 1. Exception. The city commission may, by an affirmative vote of three of its members at a regularly scheduled meeting reclaim to itself the final approval of a development normally subject to the approval of the board of adjustment. The vote shall occur prior to the action of the board of adjustment. D. The city engineer shall review and upon recommendation from the DRC, DRB, ADR or WRB or other advisory body applicable advisory bodies as needed approve, approve with conditions or deny the following site elements and processes: 1. Site access and storm water for reuse and further development per section 38.19.140.B; 2. Location of storm water facilities within neighborhood centers per 38.23.020; 3. Allow the placement of private utility easements within public rights-of-way owned or controlled by the city. 4. The maximum length of dead end water mains per 38.23.070; 5. The maximum length of service lines per 38.23.070; 6. Exceptions to storm water controls per 38.23.080; 7. All modifications or proposed standards in 38.24.010 except 38.24.010.A.1; 8. Approve plans and specifications for public infrastructure and infrastructure to be granted to the public per 38.24.060.A and B.1-3; 9. Allow alternate curb return radii per 38.24.090.C.2.e; 10. Approve locations and modifications to drive accesses to public streets per 38.24.090.G and H; 11. Approve street improvement standards per 38.24.060; 12. Backing into alleys, parking stall aisle and driveway design for surfacing and curbing per 38.25.020.D, F and J; 13. Protection of landscaped area per 38.26.050.H; 14. All actions required of the flood plain administrator per article 31; 407 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 17 of 20 15. Approve modifications in required completion time for subdivision improvements per 38.39.030.B.1; 16. Permit the use of a financial guarantee for paving of streets per 38.39.060.B; 17. Allow waiver of required information per 38.41.080.A.2.i(3). 18. Require preparation of a traffic impact analysis and determine its contents per 38.41.120.A.2.c(5). 19. Establish specifications for paving of streets and parking areas; and 20. Designate street classifications for collectors and arterials not shown in the long range transportation plan. 21. Allow alternate parking angles for surface and structured parking stall configurations listed in Table 38.25.020. All other numeric standards apply. E. The director of public service shall review and upon recommendation from the DRC, DRB, ADR or WRB or other advisory body applicable advisory bodies as needed approve, approve with conditions or deny the following development elements and processes: 1. A waiver of the requirement to extend water, sewer, and streets to the perimeter of property being developed per section 38.23.070; 2. Water rights as authorized in 38.23.180; 3. Exceptions to the level of service standards established in 38.24.060.B.4. F. The director of parks and recreation shall determine the classification of trails per 38.27.110.D. G. As detailed in article 33 of this chapter, the city commission authorizes the DRC, DRB, WRB, or ADR staff, and other advisory bodies as applicable, to review and to make recommendations to the review authority regarding development proposals. H. The city commission or its designated representatives may require the applicant to design the proposed development to reasonably minimize potentially significant adverse impacts identified through the review required by these regulations. The city commission or its designated representatives may not unreasonably restrict a landowner's ability to develop land, but it is recognized that in some instances the unmitigated impacts of a proposed development may be unacceptable and will preclude approval of the development as submitted. Recognizing that the standards of this chapter are minimum requirements and the public health, safety, and general welfare may be best served by exceeding those minimums, the city commission or planning director may require as a condition of approval, additional landscaping, screening, timing requirements, setbacks or other mitigation exceeding the minimums of this chapter. 408 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 18 of 20 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. 409 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 19 of 20 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the __________ day of ___________ 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ STACY ULMEN, CMC City Clerk 410 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 20 of 20 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 ___ of ____________________, 2016. The effective date of this ordinance is _____, __________, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 411 Page 1 of 17 ORDINANCE NO. 1944 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING CHAPTER 38, UNIFIED DEVELOPMENT ORDINANCE, BMC BY REVISING SECTION 38.19.050 TO REVISE STANDARDS FOR ISSUANCE OF A BUILDING PERMIT, SECTION 38.19.090 TO REVISE PLAN REVIEW PROCEDURES, SECTION 38.19.100 TO REVISE PLAN REVIEW CRITERIA, SECTION 38.19.110 TO REVISE PROCEDURES FOR APPROVAL OF CONDITIONAL USE PERMITS, SECTION 38.19.120 TO REVISE PROCEDURES FOR APPROVAL OF A FINAL PLAN, SECTION 38.33.010 TO REVISE PROCEDURES FOR THE DEVELOPMENT REVIEW COMMITTEE, TO DELETE SECTION 38.33.020 GENERAL PROCEDURES NOTICE AND TIMING. 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 process by which applications are reviewed is a matter of substantial public concern; and WHEREAS, The City of Bozeman constantly strives to improve the effectiveness and efficiency of it development review process; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: 412 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 2 of 17 Section 1 Legislative Findings: 1. The City relies upon the site development review procedures 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 proposed revisions improve the site development review procedures for both applicants and the City. 3. Early consultation during the development preparation process reduces misunderstandings, increases plan conformance, reduces required revisions with associated costs to applicants, and provides a more transparent review process by reducing plan revisions after submittal of applications. Section 2 That the Bozeman Municipal Code be amended by revising Section 38.19.050 I to read as follows with all other portions of the section remaining unchanged: Sec. 38.19.050. - Application of plan review procedures. B. The preliminary plan shall be submitted and approved, and final plan approval received, A plan must be approved by the review authority prior to the issuance of any building permit. Section 3 That the Bozeman Municipal Code be amended by amending Section 38.19.090 to read as follows: Sec. 38.19.090. - Plan review procedures. A. Step 1: Conceptual Review/Informal Review 1. Conceptual Review (Required): a. Purpose. Conceptual review is an opportunity for an applicant to discuss requirements, standards and procedures that apply to his or her development proposal. Major problems can be identified and solved during conceptual review before a formal application is made. Conceptual review applications are reviewed by the Development Review Committee and comments are provided in writing to the applicant following the 413 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 3 of 17 review. The primary focus of conceptual review is to identify site specific challenges and/or constraints critical path elements which will affect review process or submittal requirements. b. Applicability. Conceptual review is required for development subject to 38.19.050. Conceptual review may be waived by the planning director for development proposals that would not derive substantial benefit from such review. c. Concept Plan Submittal. An applicant must submit the application materials required by the planning director as provided in the conceptual review checklist. d. Staff Review and Recommendation. Upon receipt of a concept plan, and after review of such plan by the DRC and a subsequent meeting with the applicant, the planning director shall furnish the applicant with written comments regarding such plan, including appropriate recommendations to inform and assist the applicant prior to preparing the components of the formal development application. e. Formal application must address the comments provided with the conceptual review. B. Informal Review (Optional): 1. Purpose. Informal review is an opportunity for an applicant to discuss the requirements, standards, procedures, and potential modifications of standards or variances that may be necessary for a development project. While the conceptual review process is a general consideration of the development proposal, informal review provides an opportunity for the applicant to have the city consider the development proposal in greater detail prior to formal submittal of an application. Problems of both a major and minor nature can be identified during the informal review before a formal application is made. Informal review applications are reviewed by the DRC, DRB, recreation and parks advisory board, or other applicable advisory boards The city may invite other public or quasi-public agencies which may be impacted by the development to comment and/or attend the informal review meeting. These agencies may include the gas and electric utilities, state agencies, ditch companies, railroads, cable television service providers and other similar agencies. 2. Applicability. Although an informal review is not required, an applicant may request informal review for any development proposal. A request for informal review is made by filing an application with accompanying fee. 3. Informal Review Submittal. In conjunction with an informal review, the applicant must submit all documents required in the informal review checklist. 4. Staff Review and Recommendation. Upon receipt of a complete informal review proposal, and after review of such proposal by the DRC or other applicable advisory board, the planning director shall furnish the applicant with written comments and recommendations regarding such proposal. In conjunction with the foregoing, the 414 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 4 of 17 planning director shall provide the applicant with a list of critical issues which have been identified in the informal review and which must be resolved prior to or during the review process of the formal development application. The list of critical issues will provide applicants the opinion of the planning director regarding the development proposal, as that opinion is established based upon the facts presented during informal review. Formal application must address the comments provided with the informal review. C. Step 2 Development Application Submittal 1. Development Application Forms. All development applications shall be in a form established by the planning director. 2. Fees. All fees established in the adopted fee schedule must be paid prior to the review authority commencing review of the application. D. Step 3 Review of Applications. Acceptability and adequacy of application. 1. The planning department shall review the application for acceptability within five working days to determine if the application is does not omit any of the submittal elements required by this chapter. If the application does not contain all of the required elements, the application, review fee and a written explanation of what the application is missing shall be returned to the property owner or their representative. The five working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the five-day review period. 2. After the application is deemed to contain the required elements and to be acceptable, it shall be reviewed for adequacy. A determination of adequacy means the application contains all of the required elements in sufficient detail and accuracy to enable the applicable review agency review authority to make a determination that the application either does or does not conform to the requirements of this chapter and any other applicable regulations under the jurisdiction of the City of Bozeman city. The review for adequacy shall be conducted by the appropriate agency with expertise in the subject matter. The adequacy review period shall begin on the next working day after the date that the planning department determines the application to contain all the required elements and shall be completed within not more than 15 working days. The 15 working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail within the 15 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be returned to the property owner. Upon a determination of adequacy the review of the development will be scheduled. a. In the event the missing information is not received by the city within 15 working days of notification to the property owner and applicant of inadequacy, all 415 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 5 of 17 application materials and one-half of the review fee shall be returned to the property owner or their representative. Subsequent resubmittal shall require payment of a review fee as if it were a new application. b. A determination that an application is adequate does not restrict the city from requesting additional information during the site plan review process. 3. Should the property owner choose not to provide the required information after an application has been found unacceptable, nor to accept return of the application and accompanying fee, the application may be processed by the city with the recognition by the property owner that unacceptability is an adequate basis for denial of the application regardless of other merit of the application. 4. The DRC may grant reasonable waivers from submittal of application materials required by these regulations where it is found that these regulations allow a waiver to be requested and granted. In order to be granted a waiver the applicant shall include with the submission of the preliminary plan a written statement describing the requested waiver and the reasons upon which the request is based. The final approval body shall then consider each waiver at the time the preliminary site plan is reviewed. All waivers must be identified not later than initial submittal of the preliminary site plan stage of review. If in the opinion of the final approval authority the waived materials are necessary for proper review of the development, the materials shall be provided before review is completed. E B. Plans shall be reviewed by the review bodies established by article 33 of this chapter and according to the procedures established by this chapter. Prior to a recommendation of approval by the DRC, the DRC shall make a determination that the application does conform to the requirements of this chapter. After review of the applicable submittal materials required by article 41 of this chapter, and upon recommendation by the appropriate advisory bodies, the review authority shall act to approve, approve with conditions or deny the application, subject to the appeal provisions of article 35 of this chapter. The basis for the review authority's action shall be whether the application, including any required conditions, complies with all the applicable standards and requirements of this chapter, including section 38.01.050. 1. Plan. The review authority shall provide an opportunity for the public to comment upon development proposals. The duration of the initial comment period shall be as required by article 40 of this chapter and included in any notice. required by article 39 of this chapter. The comment period shall be from the date of the first consideration of the complete preliminary plan and supplementary materials by the DRC until 5:00 pm on the third working day after DRC and other review bodies as may be appropriate have taken action regarding the proposal. a. The review authority after receiving the recommendations of the advisory bodies and considering any public comment shall act to approve, approve with conditions or deny an application within ten working days of the close of the public comment 416 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 6 of 17 period. The decision shall be in writing and shall include any special conditions which are to be applied to the development. (1) After formal notice of a project review has been given, interested parties may request in writing to receive a copy of the decision regarding an application. Persons making such a request shall provide an addressed envelope for use in delivering their copy of the decision. 2. Plan with deviations or variances or conditional use permits. The review authority shall provide an opportunity for the public to comment upon a proposed plan. The notice shall be as required by article 40 of this chapter. a. The review authority, after receiving the recommendations of the advisory bodies and considering any public comment shall act to approve, approve with conditions or deny an application. The decision shall be in writing and shall include any special conditions which are to be applied to the development. 3. Phasing. The entitlement period for which a final plan is valid is specified in section 38.19.120. Preliminary single phase plan applications will only be accepted for development that can occur under building permits issued within this final plan approval period. a. Any development that includes phases or where construction of a buildings that would extend past the final plan approval period shall must proceed under the master site plan application process with a first phase plan for those portions that can be constructed under the single phase final plan approval. The master site plan and first phase site plan may be reviewed concurrently as a single application. Each future project phase must submit a stand-alone site plan application following initial master site plan approval. b. Each phase of a plan must not include more buildings than will be constructed within a one-year timeframe. These subsequent site plan applications may be expedited through the review process if they are consistent with the master site plan. Independent fees will be assessed for each required application. c. A preliminary site plan application may be received where it is unclear whether the buildings or units can be constructed under building permits issued within one year of final site plan approval. In this case, the planning director may request proof of a construction financing commitment prior to accepting the application for review. Applications, where it is clear that the buildings or units cannot be constructed under building permits issued within one year of final site plan approval will be deemed unacceptable for review. Such applications must and directed to proceed through pursuant to a master site plan with first phase site plan process. Section 4 That the Bozeman Municipal Code be amended by amending Section 38.19.100 to read as follows: 417 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 7 of 17 Sec. 38.19.100. - Plan review criteria. A. In considering applications for plan approval under this chapter, the review authority and advisory bodies shall consider the following criteria. When considering the criteria for future phases of a master site plan, other than those for criteria 1—3, the evaluation shall be of a more generalized demonstration of compliance, recognizing that a subsequent site plan shall be submitted in the future which shall provide evidence of specific compliance. The level of detail submitted and the review conducted shall be equal with the level of entitlement being sought with the application. See article 41 of this chapter for required submittal materials. 1. Conformance to and consistency with the city's adopted growth policy. 2. Conformance to this chapter, including the cessation of any current violations; 3. Conformance with all other applicable laws, ordinances and regulations; 4. Relationship of plan elements to conditions both on and off the property, including: a. Compatibility with, and sensitivity to, the immediate environment of the site and the adjacent neighborhoods and other approved development relative to architectural design, building mass and height, neighborhood identity, landscaping, historical character, orientation of buildings on the site and visual integration; b. Design and arrangement of the elements of the plan (e.g., buildings, circulation, open space and landscaping, etc.) so that activities are integrated with the organizational scheme of the community, neighborhood, and other approved development and produce an efficient, functionally organized and cohesive development; c. Design and arrangement of elements of the plan (e.g., buildings circulation, open space and landscaping, etc.) in harmony with the existing natural topography, natural water bodies and water courses, existing vegetation, and to contribute to the overall aesthetic quality of the site configuration; and d. If the proposed project is located within a locally designated historical district, or includes a locally designated landmark structure, the project is in conformance with the provisions of article 16 of this chapter; 5. The impact of the proposal on the existing and anticipated traffic and parking conditions; 6. Pedestrian and vehicular ingress, egress and circulation, including: a. Design of the pedestrian and vehicular circulation systems to assure that pedestrians and vehicles can move safely and easily both within the site and between properties and activities within the neighborhood area; b. Non-automotive transportation and circulation systems design features to enhance convenience and safety across parking lots and streets, including, but not limited to, paving patterns, grade differences, landscaping and lighting; c. Adequate connection and integration of the pedestrian and vehicular transportation systems to the systems in adjacent developments and general community; and 418 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 8 of 17 d. Dedication of right-of-way or easements necessary for streets and similar transportation facilities; 7. Landscaping, including the enhancement of buildings, the appearance of vehicular use, open space and pedestrian areas, and the preservation or replacement of natural vegetation; 8. Open space, including: a. The enhancement of the natural environment; b. Precautions being taken to preserve existing wildlife habitats or natural wildlife feeding areas; c. If the development is adjacent to an existing or approved public park or public open space area, have provisions been made in the plan to avoid interfering with public access to and use of that area; d. Is any provided recreational area suitably located and accessible to the residential units it is intended to serve and is adequate screening provided to ensure privacy and quiet for neighboring residential uses; e. Open space shall be provided in accordance with article 27 of this chapter; f. Park land shall be provided in accordance with article 27 of this chapter; 9. Building location and height; 10. Setbacks; 11. Lighting; 12. Provisions for utilities, including efficient public services and facilities; 13. Site surface drainage and stormwater control; 14. Loading and unloading areas; 15. Grading; 16. Signage; 17. Screening; 18. Overlay district provisions; 19. Other related matters, including relevant comment from affected parties; and 20. If the development includes multiple lots that are interdependent for circulation or other means of addressing requirements of this chapter, whether the lots are either: a. Configured so that the sale of individual lots will not alter the approved configuration or use of the property or cause the development to become nonconforming; or 419 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 9 of 17 b. The subject of reciprocal and perpetual easements or other agreements to which the city is a party so that the sale of individual lots will not cause one or more elements of the development to become nonconforming. 21. Compliance with article 43 8 of chapter 38 10 of this Code; and 22. Phasing of development. B. If the review authority, after recommendation from the applicable advisory bodies, shall determines that the proposed plan will not be detrimental to the health, safety or welfare of the community, is in compliance with the requirements of this chapter, and is in harmony with the purposes and intent of this chapter and the Bozeman growth policy, the review authority must approve the proposed plan and may require conditions and safeguards that must be met prior to final approval shall be granted, and such conditions and safeguards may be imposed as deemed necessary. Notice of action shall be given in writing. C. Plan approval may be denied upon a determination the application does not meet the criteria of this section. that the conditions required for approval do not exist. Persons objecting to the recommendations of review bodies carry the burden of proof. A denial of approval shall be in writing. D. Following approval of a master site plan, the applicant shall submit to the planning department, sequential individual site plans for specific areas within the master site plan. Each subsequent application for a site plan shall be consistent with the approved master site plan and subject to the review criteria set forth in subsection A, above. Evidence that the review criteria have been met through the master site plan review process may be incorporated by reference in order to eliminate duplication of review. Section 5 That the Bozeman Municipal Code be amended by amending Section 38.19.110 38.08.020 to read as follows: Sec. 38.19.110. - Conditional use permit. A. The person applying for a conditional use permit shall fill out and submit to the planning department the appropriate form with the required fee. The request for a conditional use permit shall follow the procedures and application requirements of this article. B. In consideration of all conditional use permit applications, a public hearing shall be conducted by the review authority. Notice of the public hearing shall be provided in accordance with article 40 of this chapter. C. If a rezoning is required prior to approval of a conditional use permit, the application for rezoning and the conditional use permit may be filed and acted upon simultaneously, however the conditional use permit shall not be effective until the rezoning has been implemented by ordinance. D. The review authority, in approving a conditional use permit, shall review the application against the review requirements of section 38.19.100. 420 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 10 of 17 E. In addition to the review criteria of section 38.19.100, the review authority shall, in approving a conditional use permit, determine favorably as follows: 1. That the site for the proposed use is adequate in size and topography to accommodate such use, and all yards, spaces, walls and fences, parking, loading and landscaping are adequate to properly relate such use with the land and uses in the vicinity; 2. That the proposed use will have no material adverse effect upon the abutting property. Persons objecting to the recommendations of review bodies carry the burden of proof; 3. That any additional conditions stated in the approval are deemed necessary to protect the public health, safety and general welfare. Such conditions may include, but are not limited to: a. Regulation of use; b. Special yards, spaces and buffers; c. Special fences, solid fences and walls; d. Surfacing of parking areas; e. Requiring street, service road or alley dedications and improvements or appropriate bonds; f. Regulation of points of vehicular ingress and egress; g. Regulation of signs; h. Requiring maintenance of the grounds; i. Regulation of noise, vibrations and odors; j. Regulation of hours for certain activities; k. Time period within which the proposed use shall be developed; l. Duration of use; m. Requiring the dedication of access rights; and n. Other such conditions as will make possible the development of the city in an orderly and efficient manner. F. In addition to all other conditions, the following general requirements apply to every conditional use permit granted: 1. That the right to a use and occupancy permit shall be contingent upon the fulfillment of all general and special conditions imposed by the conditional use permit procedure; and 2. That all of the conditions shall constitute restrictions running with the land use, shall apply and be adhered to by the owner of the land, successors or assigns, shall be binding upon the owner of the land, his successors or assigns, shall be consented to in writing, and shall be recorded as such with the county clerk and recorder's office by the property owner prior to the issuance of any building permits, final plan approval or commencement of the conditional use. 421 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 11 of 17 G. Applications for conditional use permits may be approved, conditionally approved or denied by motion of the review authority. If an application is denied, the denial shall constitute a determination that the applicant has not shown that the conditions required for approval do exist. H. The applicant shall be notified in writing of the final action taken within seven working days of the action. If the conditional use permit has been granted the notification shall include any conditions, automatic termination date, period of review or other requirements. If the conditional use permit has been granted, the permit shall be issued upon the signature of the planning director after completion of all conditions and final plan. I. Termination/revocation of conditional use permit approval. 1. Conditional use permits are approved based on an analysis of current local circumstances and regulatory requirements. Over time these things may change and the use may no longer be appropriate to a location. A conditional use permit will be considered as terminated and of no further effect if: a. After having been commenced, the approved use is not actively conducted on the site for a period of two continuous calendar years; b. Final zoning approval to reuse the property for another principal or conditional use is granted; c. The use or development of the site is not begun within the time limits of the final site plan approval in 38.19.120. 2. A conditional use which has terminated may be reestablished on a site by either, the review and approval of a new conditional use permit application, or a determination by the planning director that the local circumstances and regulatory requirements are essentially the same as at the time of the original approval. A denial of renewal by the planning director may not be appealed. If the planning director determines that the conditional use permit may be renewed on a site then any conditions of approval of the original conditional use permit are also renewed. 3. If activity begins for which a conditional use permit has been given final approval, all activities must comply with any conditions of approval or code requirements. Should there be a failure to maintain compliance the city may revoke the approval through the procedures outlined in section 38.34.160. Section 6 That the Bozeman Municipal Code be amended by amending Section 38.19.120 to read as follows: Sec. 38.19.120. - Final plan. 422 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 12 of 17 A. If the review authority is the City Commission, If a plan is not fully compliant with all applicable requirements, No no later than six months after the date of the Commission’s approval of a preliminary the plan, the applicant shall submit to the planning department a final plan with accompanying application form and review fee. The number of copies of the final plan to be submitted shall be established by the planning director. The final plan shall contain the materials required in sections 38.41.080 and 38.71.090 and whatever revisions to the preliminary site plan or master site plan are required to comply with any conditions of approval. Prior to the passage of six months, the applicant may seek an extension of not more than an additional six months from the planning director. B. In addition to the materials required in subsection A of this section, the owner applicant shall must submit a certification of completion and compliance stating that they understand any conditions of approval and the submitted final plans have complied with any conditions of approval or corrections to comply with code provisions. C. If a plan is fully compliant with all applicable standards the review authority may approve the final plan after the close of the public comment period. In addition to the materials required in subsections A and B of this section, the owner applicant shall must submit a statement of intent to construct according to the final plan. Such statement shall must acknowledge that construction not in compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance. D. Following approval of a final site plan, the approval of the final site plan shall be in effect effective for one year. Prior to the passage of one year, the applicant may seek an extension of not more than one additional year from the planning director. In such instances, the planning director shall determine whether the relevant terms of this chapter and circumstances have significantly changed since the initial approval. If relevant terms of this chapter or circumstances have significantly changed, the extension of the approval may not be granted. E. Following approval of a final master site plan, approval of the final master site plan shall be in is effective for not less than three but not more than five years with the initial duration to be specified during the final action of the review authority. Owners of property subject to the master site plan may seek extensions to not exceed five years in a single extension. Approval of an extension shall be made by the planning director. Approval shall be granted if the planning director determines that the criteria of subsection F of this section are met. F. Any request for an extension must be in writing and be dated and signed by the owner of the undeveloped area or incomplete development for which the extension is sought. More than one extension may be requested for a particular development. Each request shall be considered on its individual merits. An extension of the development approval under this article does not extend other city or non-city agency approvals, e.g. for design of infrastructure extensions, necessary to complete the project. When evaluating an extension request, the city shall consider: 1. Changes to the development regulations since the original approval and whether the development as originally approved is substantially complies compliant with the new regulations; 423 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 13 of 17 2. Progress to date in completing the development as a whole and any phases; 3. Phasing of the development and the ability for existing development to operate without the delayed development; 4. Dependence by other development on any public infrastructure or private improvements to be installed by the development; 5. For extensions of approval greater than one year, the demonstrated ability of the developer to complete the development; 6. Overall maintenance of the site; and 7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant, adequate, and applicable to the present circumstances of the development and community. G. Upon approval of the final plan by the planning director the applicant may obtain a building permit as provided for by article 34 of this chapter. 1. Subsequent site plan approvals are required to implement a master site plan, and approval of a master site plan only does not entitle an applicant to obtain any building permits. Section 7 That the Bozeman Municipal Code be amended by amending Section 38.33.010.B to read as follows with all other portions of the section remaining unchanged: Sec. 38.33.010. - Purpose of DRC, DRB, ADR, WRB, and BOA. B. Development review committee procedures established. To implement this purpose, certain procedures shall be adopted to include, but not be limited to, a regularly scheduled weekly or biweekly meeting attended by representatives of each of the city departments charged with development review. Each department shall have the ability and authority to require the DRC to make a recommendation of denial when in their view the project can not meet the requirements and review criteria of this chapter and acceptable conditions do not exist to cure the identified failings of the project. Written meeting reviews, in the form of staff reports or summary reviews prepared by the planning department, shall be made setting forth the DRC's recommendation to the review authorities established in article 34 and reasons for requiring such conditions as may be deemed necessary by the DRC. These records shall be preserved as part of the official file for each development proposal. Lastly, the DRC shall generally follow "Robert's Rules of Order" and may prepare and adopt supplemental procedural rules that will ensure the accomplishment of the stated purpose and promote the efficiency and effectiveness of the developmental review process. 1. The DRC shall at a minimum be composed of the following personnel: city engineer, fire marshal, the streets superintendent, the sanitation superintendent, the water/sewer 424 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 14 of 17 superintendent, the planning director and the building official. When necessary, other members of the committee may include: the director of public safety, the superintendent of facilities and public lands, the superintendent of recreation, the city manager, with other individuals to be included as necessary at the planning director's request. 2. When applicable, the DRC may solicit the input of noncity agencies and persons including, but not limited to, the county subdivision review officer, the county sanitarian, the county road superintendent, and state or federal agencies, with other individuals to be included as necessary. Section 8 That the Bozeman Municipal Code be amended by deleting Section 38.33.020. Sec. 38.33.020. - General procedures, notice and timing. A. Informal advice and direction. A person or organization considering any construction, building or site alteration, rezoning or other development activity, may approach the DRC, DRB, ADR or WRB for informal advice and direction. Such discussion shall be treated as advisory by both parties and shall record only the fact that contact had been made. An informal review by the DRC and/or DRB may be requested by submitting a completed application form provided by the planning director along with any schematic development plans or written narrative at least one week prior to the next regularly DRC and/or DRB meeting. An informal review by the WRB may be requested by submitting a completed application form provided by the planning director along with a wetland delineation for the regulated wetland, development plans or written narrative describing the proposed regulated activity and a WRB meeting will be convened within two weeks of application submittal. A fee, set in accordance with the fee resolution adopted by the city commission, shall be charged for an informal review. No application is required for informal review or advice by the ADR staff. B. Formal application. An application for DRC, DRB, ADR and/or WRB consideration of a development proposal must be submitted utilizing a form available from the planning director. Material to be submitted with the application shall include the elements set forth within the requirements for the type of proposal to be considered, i.e., sketch plan, site plan, conditional use permit, certificate of appropriateness, planned unit development, divisions of land, etc., as outlined in this chapter. It is recommended that the applicant discuss the application informally with the DRC, DRB, ADR or WRB prior to formal submission to help expedite the process. Depending upon the size of the proposed project, its location and type, the applicant may be directed to one or more agencies of the city for processing. C. Public notice. Public notice for any proposal before the DRC, DRB, ADR or WRB that requires such notice shall be provided in accordance with article 40 of this chapter. D. DRC, DRB, ADR or WRB action. By no later than 30 working days from the date of the first regularly scheduled DRC and/or DRB meeting, or a meeting convened by the WRB, at 425 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 15 of 17 which the applicants' proposal was initially reviewed, the DRC, DRB or WRB shall take action to recommend approval, approval with conditions, table pending submission of revised or additional materials or recommend denial of the applicant's proposal, unless the applicant grants a written extension to the review period. For proposals subject to ADR review, the ADR staff shall approve, approve with conditions, delay pending submission of revised or additional materials or deny the applicant's proposal. Section 9 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 10 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 11 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 12 426 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 16 of 17 Codification. This Ordinance shall be codified as indicated in Sections 2 – 8. Effective Date. This ordinance shall be in full force and effect thirty (30) days after final adoption. PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the ___________ day of _________ 2016. ____________________________________ CARSON TAYLOR Mayor ATTEST: ____________________________________ 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 ______ of ____________________, 2016. The effective date of this ordinance is _____, __________, 2016. _________________________________ CARSON TAYLOR Mayor 427 Ordinance No. 1944, Revisions to Site Plan Review Procedures Page 17 of 17 ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 428