HomeMy WebLinkAbout07-25-16 CC Mtg - A2. Resolution 4701 - Disband Wetlands Board
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Chris Saunders, Policy and Planning Manager
Wendy Thomas, Community Development Director
SUBJECT: Adoption of Commission Resolution 4701 suspending the Wetlands
Review Board.
MEETING DATE: July 25, 2016
AGENDA ITEM TYPE: Action
RECOMMENDED MOTION: “Having considered the draft resolution and considering all
presented materials and public comments I move to approve Commission Resolution 4701
suspending the Wetland Review Board.”
BACKGROUND: The City Commission recently approved Ordinance 1945 which took effect on May 25, 2016. The ordinance revised the municipal code provisions regarding the
Wetland Review Board (WRB) to enable the City Commission to establish or suspend an active
WRB. The ordinance did not revise the wetland protections of article 38.30. Membership on the
wetlands review board requires considerable technical knowledge in defined areas of expertise. There has been difficulty in obtaining adequate qualified volunteers to staff the WRB. Lack of a
quorum for an advisory board can create difficulties during review of development projects.
The change in operating status of the WRB occurs through the commission resolution process
after a public hearing is conducted. The result of Resolution 4701 is to suspend the Wetlands Review Board from acting as an independent body. The adoption of Resolution 4701does not
alter the wetland protection standards of 38.30, BMC. The City will obtain the necessary
professional services through contract to enable adequate review of development applications.
The resolution does not change whether the Community Development Director or City
Commission takes final action an application.
UNRESOLVED ISSUES: None.
ALTERNATIVES: Adopt or not adopt the draft resolution or continue the discussion to an
alternate date.
FISCAL EFFECTS: The City will incur expenses to obtain professional services to complete
review of applications. The amount will vary depending on the number and complexity of
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applications. The City typically receives 2-3 applications per year involving changes to wetlands.
The recently approved budget includes funds for professional services for Community
Development.
Attachments: Commission Resolution 4701
Report compiled on: June 28, 2016
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COMMISSION RESOLUTION NO. 4701 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, SUSPENDING THE WETLANDS REVIEW BOARD AND DELEGATING
DUTIES OF THE BOARD PER SECTION 2.05.2900, BMC.
WHEREAS, Section 76-2-301 et seq, MCA provides authority to municipalities for the
creation of a municipal zoning ordinance; and
WHEREAS, Article 38.33 of the Bozeman Municipal Code includes a Wetlands
Review Board as part of the City’s zoning regulations; and
WHEREAS, Chapter 2, Article 5, Division 17 of the Bozeman Municipal Code
implements the authority of Section 76-2-321, MCA and establishes procedures for the
establishment, activation, and suspension of the Wetlands Review Board as deemed necessary by
the City Commission; and
WHEREAS, A public notice was published in the Bozeman Daily Chronicle on July 3,
2016 and July 10, 2016 informing the public of a hearing to be held on July 25, 2016; and
WHEREAS, The City Commission has given due consideration to the issue of how best
to administer the City’s zoning regulations and having held a public hearing on July 25, 2016 to
receive public comment; and
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WHEREAS, The City Commission finds that it is in the best interest of the proper
administration of the standards of Chapter 38, Unified Development Code, BMC.
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of
Bozeman, Montana, that
Section 1
The City of Bozeman Wetlands Review Board is hereby dissolved and suspended in its
functions and the Director of Community Development is directed to obtain professional services
from qualified persons to enable adequate review of the standards of 38.30, BMC.
PASSED AND APPROVED by the City Commission of the City of Bozeman,
Montana, at a regular session thereof held on the _____ day of ________, 2016.
___________________________________
CARSON TAYLOR Mayor ATTEST:
________________________________________
ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
___________________________________
GREG SULLIVAN
City Attorney
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