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HomeMy WebLinkAboutC6. Final Ord 1945 Commission Memorandum REPORT TO: Honorable Mayor and City Commission FROM: Tom Rogers, Senior Planner Wendy Thomas, Director of Community Development SUBJECT: Final adoption of Ordinance 1945, a text amendment of the Bozeman Municipal Code to revise provisions relating to the Wetlands Review Board. Application 15-320. MEETING DATE: April 25, 2016 AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance No. 1945. RECOMMENDED MOTION: Should the Commission remove this item from the consent agenda the following motion is recommended: “Having reviewed and considered the application materials, public comment, recommendation of the Zoning Commission, and all the information presented, and a public hearing having been held and provisional adoption of Ordinance 1945 given on April 11, 2016; I hereby finally adopt Ordinance 1945 the Wetlands Review Board provisions text amendment. Application 15-320. BACKGROUND: The City Commission held a public hearing on April 11, 2016 and provisionally adopted Ordinance 1945. The Commission voted unanimously (5:0) to provisionally adopt Ordinance No. 1945 to revise the Wetlands Review Board provisions. The ordinance makes modifications to procedural requirements relating to the Wetlands Review Board. This action is a part of the comprehensive evaluation and update of Chapter 38 of the Unified Development Code (UDC). UNRESOLVED ISSUES: None. ALTERNATIVES: As determined by the City Commission FISCAL EFFECTS: None identified. Report compiled on: April 15, 2016 Attachments: Ordinance 1945 59 Page 1 of 19 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; 60 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 2 of 19 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. 61 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 3 of 19 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: 62 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 4 of 19 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 63 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 5 of 19 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 64 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 6 of 19 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 65 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 7 of 19 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. 66 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 8 of 19 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, as amended. 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 67 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 9 of 19 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 68 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 10 of 19 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; 69 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 11 of 19 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 70 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 12 of 19 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 71 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 13 of 19 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. 72 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 14 of 19 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; 73 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 15 of 19 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; 74 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 16 of 19 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; 75 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 17 of 19 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. 76 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 18 of 19 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. 77 Ordinance No. 1945, Revisions to Procedures for Wetlands Review Board Page 19 of 19 PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman, Montana, on first reading at a regular session held on the 11th day of April, 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 25th of April, 2016. The effective date of this ordinance is the 25th of May, 2016. _________________________________ CARSON TAYLOR Mayor ATTEST: _________________________________ City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney 78