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HomeMy WebLinkAboutDraft Bozeman-County Planning MOU 6-6-18 Memorandum of Understanding - 1 of 7 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered between GALLATIN COUNTY (“the County”), a political subdivision of the State of Montana, and the CITY OF BOZEMAN (“City”), a municipal corporation in the State of Montana, hereinafter collectively referred to as the “Parties.” The effective date of this agreement is the date that it is fully executed by the City and County. WHEREAS, the purpose of this Memorandum of Understanding is to set forth the Parties’ understandings and agreements with respect to the management of urban and exurban development; WHEREAS, Title 76, Chapters 1 through 3, Montana Code Annotated (MCA) encourages local governing bodies to improve the health, safety, convenience, and welfare of their citizens by providing for the orderly development of their communities; WHEREAS, the City has jurisdiction for land use review within its municipal boundaries and the County has jurisdiction for land use review outside of municipal boundaries; WHEREAS, the Parties acknowledge benefits to their citizens and the public at large from coordination in land use development and associated standards to accomplish the purposes of 76- 1-102 and 76-3-102, MCA; WHEREAS, the Parties acknowledge benefits to their citizens and the public at large from sharing Geographical Information Systems (GIS) data applicable to the Gallatin County Bozeman Area Neighborhood Plan and the Bozeman Growth Policy; WHEREAS, the City and the County have entered into a MOA for the Planning Coordination Committee (August 1, 2016) to participate in a forum to advance communication, coordination and promote policies to advance planning-related decisions; WHEREAS, the City of Bozeman Growth Policy (“Bozeman Community Plan”) was prepared by the Bozeman City Planning Board and adopted by the City on June 1, 2009 and is updated from time to time; WHEREAS, the Gallatin County Growth Policy was adopted by the Gallatin County Commission on April 15, 2003 and is updated from time to time; WHEREAS, development in the Urban Growth Area currently is subject to the Gallatin County Subdivision Regulations (“County Subdivision Regulations”); Memorandum of Understanding - 2 of 7 WHEREAS, the County Subdivision Regulations and Bozeman Area Zoning Regulation were drafted to regulate development in the rural areas of the County, while ordinance 1978 Bozeman Unified Development Code (“UDC”) provides for the more urban development within the City’s limits; WHEREAS, the Bozeman Area Growth Policy identifies areas for the expansion and development of the City into areas presently under the development jurisdiction of the County; and WHEREAS, the Parties believe that the City’s Urban Growth Area is appropriate for the location and development of urban land uses and urban residential densities and, consequently, it is generally desirable for property within the Urban Growth Area to be annexed into the City prior to or in conjunction with development of the property; WHEREAS, to facilitate annexation where appropriate, the Parties agree that the City’s Annexation Policy is sufficient; WHEREAS, the Parties desire that property located within the Urban Growth Area but not annexed into the City be reviewed under the City subdivision related standards of the UDC so that the property is developed in a manner compatible with urban land uses and urban residential densities; and WHEREAS, the Parties desire to set forth the commitments below regarding the review of development applications to allow for increased coordination between the City and County and to better manage and control urban level development in the City’s Urban Growth Area. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows: SECTION 1: DEFINITIONS A. Annexation Policy means the most recent Resolution of the Bozeman City Commission setting for the goals and policies of the City for annexation. B. Bozeman Growth Policy means the current version of the growth policy originally adopted by the City on 2009 and any amendments thereafter adopted. C. County Commission means the Gallatin County Board of County Commissioners. D. County Subdivision Regulations means the version of the Gallatin County Subdivision Regulations in effect at the time of the execution of this Memorandum of Understanding and any amendments thereafter adopted. E. Development and Develop refer to any subdivision or site development within the Urban Growth Area, but excludes the development of single-household homes on existing lots, accessory buildings on existing lots, and agricultural buildings on existing lots. Memorandum of Understanding - 3 of 7 F. Gallatin County Growth Policy means the current version of the growth policy originally adopted by the County in 2003 and any amendments thereafter adopted. It also includes the Gallatin County Bozeman Area Neighborhood Plan. G. Gallatin County Planning Board means the Planning Board specified in Gallatin County Commission Resolution No. 2011-122. H. Municipal Area means that area depicting current and planned urban development on the Future Land Use Map of the Bozeman Growth Policy. I. Municipal Subdivision Related Standards means those standards applicable to location and development of streets, sizing of blocks, amount of parkland to be dedicated, location and development of parks, location of utilities both public and private, and standards necessary to address the primary subdivision review criteria of 76-3-608(3). J. Planning Board means the Bozeman Planning Board. K. Urban Density Development means a development density resulting in one (1) or more residential units per acre or any non-residential development excluding agricultural buildings on existing lots. L. Urban Growth Area means that area depicting urban development on the Future Land Use Map of the Bozeman Area Growth Policy but extending beyond the City’s then current municipal limits and wholly or partly included within xxxx feet of the City’s then current municipal limits. See Exhibit A for an image of the area included within the Urban Growth Area. SECTION 2: GROWTH POLICY A. The Bozeman Growth Policy should clearly identify the Municipal Area and any lands outside the Municipal Area on which Urban Density Development is appropriate. B. As part of its periodic review of the Bozeman Growth Policy, the Planning Board should consider the appropriateness of the Municipal Area and the identification of any lands outside the Municipal Area on which Urban Density Development should be deemed appropriate. C. The Bozeman Growth Policy shall include, directly or by reference, the infrastructure plan elements of 76-1-601(4)(c), MCA. D. The City and County agree that any amendments to the Bozeman Growth Policy or Gallatin County Growth Policy, including adoption of an updated edition of the Growth Policy and any subsequent amendments thereto, will be provided to the County or City respectively for comment. Memorandum of Understanding - 4 of 7 SECTION 3: CITY ANNEXATION A. The City has adopted “RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN MONTANA, REVISING AND RE-ESTABLISHING GOALS AND POLICIES FOR ANNEXATION OF PROPERTIES TO THE CITY OF BOZEMAN, AND SUPERSEING COMMISSION RESOLUTION NO. 3907.” (Resolution 4400, September 10, 2012) in order to facilitate review of annexation requests for properties. B. The City agrees to provide the County the opportunity to review and provide comments on any future amendments to the City’s Annexation Policy. C. The City agrees to provide the County notice to the County Planning Director of any applications for annexation. D. The County Commission will not consider a subdivision application for property within the Urban Growth Area unless: (1) the City has denied annexation of the property; or (2) the City has determined that municipal water and sanitary sewer can be made available to the subject property but the City has not started the formal annexation review process within 90 days of receipt of an application for annexation. SECTION 4: APPLICABLE SUBDIVISION REGULATIONS A. The County agrees that it will amend the County Subdivision Regulations as necessary to allow for the application of the requirements of the Municipal Subdivision Related Standards to property located within the Urban Growth Area that has not been annexed to the City. B. The City agrees to provide the County the opportunity to review and provide comments on any future amendments to the City’s Municipal Subdivision Related Standards. C. The Parties agree that, notwithstanding application of the Municipal Subdivision Related Standards to the Urban Growth Area, the County has ultimate authority to approve or deny all subdivision proposals for property located within the Urban Growth Area that has not been annexed to the City. SECTION 5: DEVELOPMENT REVIEW PROCESS & FEES A. The staff of the City and County will process all applications for the division of property within their respective jurisdictions including the Urban Growth Area. B. Review fees will be paid to and retained by the entity conducting the review. SECTION 6: DEVELOPMENT WITHIN THE URBAN GROWTH AREA Memorandum of Understanding - 5 of 7 A. The County agrees to apply the requirements of the Municipal Subdivision Related Standards to subdivision proposals for property located within the Urban Growth Area that has not been annexed to the City. B. The County will continue to apply the requirements of the County Subdivision Regulations to property located outside of the Urban Growth Area. C. The City recognizes that the County has adopted zoning regulations which affect much of the Urban Growth Area. The City recognizes that development, other than those items included in the Municipal Subdivision Related Standards, will occur subject to the zoning standards adopted by the County. D. When considering a Development application for less than Urban Density Development within the Urban Growth Area, the County will seek comment from the City concerning conditions of approval that may be necessary to ensure the proposed Development will not constrain the future growth of the city to properties adjacent to and beyond the subject property. E. Upon receipt of notice from the County of a Development application for less than Urban Density Development within the Urban Growth Area, the City agrees to review the proposal and provide the County Commission with any comments it has concerning: the design of any proposed infrastructure and the compatibility of that design to facilitate eventual connection to City services; variance or waiver requests to development standards; and any likely improvements that should be covered under a waiver of right to protest the creation of a rural or special improvement district. F. The County will establish a separate park fund to be funded by any cash-in-lieu of parkland payments accepted by the County for development within the Urban Growth Area. The County agrees to work with the City to ensure such funds are used for the acquisition and development of parks to benefit the area from which the fee is collected. The County recognizes that cash-in-lieu of parkland is the least preferred method by which to mitigate the impacts of Development on the recreation system. G. The County will request comment from the City on all development within the Bozeman Growth Policy boundary but outside of the Urban Growth Area. The County may request comment from the City on development outside the Bozeman Growth Policy boundary but within the boundary of the Planning Coordinating Committee area. H. The County will require all development within the Bozeman Growth Policy boundary to provide street right of way in locations, in alignments, and at widths consistent with the City’s current long range transportation plan. SECTION 7: CITY PLANNING Memorandum of Understanding - 6 of 7 A. The City agrees to apply appropriate off-site street improvement requirements to all Developments within the City’s municipal limits that have any identifiable impact on the County road system. If improvements are to be made to any County-maintained road(s) outside of the City’s municipal limits, such improvements must conform to all applicable transportation plans and be approved by the Gallatin County Road and Bridge Department prior to commencement of construction. B. The City will continue to adopt and exercise control over its own utility extension plans and procedures. SECTION 8: ADMINISTRATIVE PROVISIONS A. Sections 6 and 7 of this Memorandum of Understanding will not become effective until the following requirements have been satisfied: 1. The County has amended the Gallatin County Subdivision Regulations consistent with Section 4; and 2. The County agrees to begin the amendment process within 120 days of the execution of this Memorandum of Understanding. B. This Memorandum of Understanding will remain in effect until either party notifies the other party of its decision that the agreement should be terminated. Such notification must be sent by certified mail to the chief executive of the other party at least ninety (90) days prior to the termination. C. A map depicting the Urban Growth Area is Exhibit A to this Memorandum of Understanding. The Parties recognize that the map is a point in time image depicting the City’s municipal limits and the Urban Growth Area. The map will be updated from time to time to reflect completed annexations without requiring an amendment to this Memorandum of Understanding. D. The County designates the County Planning Director as the point of contact for implementation of this Memorandum of Understanding. E. The City designates the Community Development Director as the point of contact for implementation of this Memorandum of Understanding. F. Unless specified otherwise in this Memorandum of Understanding, notice between the Parties may occur in person or in writing. Notice by electronic means such as email constitutes notice in writing. G. Nothing in this Memorandum of Understanding is intended to or will be construed to limit, expand, or affect the legal authority or responsibilities of either party. Memorandum of Understanding - 7 of 7 GALLATIN COUNTY, MONTANA , Chair Date Board of County Commissioners ATTEST: . Clerk & Recorder CITY OF BOZEMAN, MONTANA CYNTHIA L. ANDRUS, Mayor Date ATTEST: ROBIN CROUGH, City Clerk APPROVED AS TO FORM: _________________________________ GREG SULLIVAN City Attorney