HomeMy WebLinkAbout10-22-18 City Commission Packet Materials - WS1. Zone Map Amendment Discussion REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Discussion and direction to Staff regarding amendments to the zoning map. MEETING DATE: October 22, 2018 AGENDA ITEM TYPE: Work/Policy Session
RECOMMENDATION: That the City Commission receive a presentation on why the City zones, how the zoning map is amended, and after discussion give staff generalized direction on the review of zone map amendments. STRATEGIC PLAN IMPLMEMENTATION: This discussion affects Vision 1, Engaged Community; and implementation steps 1.1 Outreach, and 1.2 Community Engagement; Vision 4, A well-planned city; and implementation steps 4.1, Informed conversation on growth, and 4.3, Strategic infrastructure choices. BACKGROUND: Outline: A) Context B) Why the City uses zoning C) Zone Map Amendment process
D) Requested Commission Direction A) Context: The City first adopted zoning in 1934 and has kept it in place ever since. Zoning is a primary implementation tool for the City’s strategic plan and Bozeman Community Plan. The map of zoning districts is a key component of the zoning program. Since January 1, 2013, the Commission has
granted final adoption to 61 zone map amendments. More than half, 31, of those amendments changed the zoning on land already within the City’s boundaries. Only two of the 61 map amendments lessened the intensity of allowed development on the site. An archive of zoning maps over time is available online.
The trend in the City’s zoning standards has been to extend the scope of uses allowed within individual districts. A review of the uses allowed in 38.310.030 and 38.310.040 shows that all of the zoning districts allow such an extent of uses as to be termed mixed use districts. Some have been deliberately more blended such as NEHMU to reflect existing conditions or written broadly like REMU.
Commission Memorandum
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This broadening trend reflects national trends as well as local interest in greater flexibility. Bozeman has made substantial efforts to create standards for development to prevent negative impacts and help ensure that the needs for new uses is primarily met on-site or through shared facilities. This flexibility is supported by the application of the various technical codes (building codes) that address construction integrity and safety.
The recently adopted strategic plan suggests higher densities and intensities of use in some locations and development of formal policies for infill. It also supports an informed conversation on growth. The Bozeman Community Plan supports infill but also recognizes the role of neighborhood preservation and
community character.
The zoning map is an important, but only one, element in determining the proper location for uses and how they can “play nicely” together. There are a variety of subdivision and site development standards to address issues such as parks, adequacy of water supply, and architectural design which are part of
zoning but independent from the zoning map.
As shown on the attached image, almost one third of the entire City has been the subject of an individual publicly noticed application in the last eight years. This does not include things that are applicable City-wide such as impact fees or the transportation plan. As the community continues to both age and grow
Staff anticipates more applications that occur within existing developed areas.
Staff is involved in more and more conversations revolving around interest in higher density and greater utilization of vacant or underdeveloped parcels. We are often asked for our best estimate whether the Commission would support the up-zoning of residentially zoned parcels or the changing of
commercially zoned property to a zone that would allow residential or other development. A request
might fit well within some Strategic Plan objectives supporting infill and increased housing supply but also generate concerns. Strategic Plan Item 4.1 Informed conversation on growth, calls for “…understanding of how Bozeman is
growing and changing and proactively address change in a balanced and coordinated manner.” Many
people do not understand the zoning process and how public participation and comment fits into it. If the City wishes to engage effectively with its citizens all parties must understand how and when participation is most effective. Citizens who feel their input has been disregarded can lose trust in their City. While Staff monitors trends at the Commission manifested through votes on individual projects,
that isn’t always as useful as a clear discussion and direction separated from the restrictions and details
of a specific project. This discussion provides opportunity for public education on amending the zoning map and for the Commission to discuss and direct the Staff regarding map amendments thereby advancing implementation of the strategic plan.
B) Why the City Zones: There are multiple reasons why the City uses zoning. Sections 76-2-301 and 76-
2-304, Montana Code Annotated outline the reasons the state authorizes zoning. These range from public safety to promotion of compatible urban growth to character of an area. The City has adopted all of these reasons and criteria for the review of any zoning text or map amendment.
Urbanized areas bring many people and interests into close contact. Sometime there is conflict between
those interests. The Constitution of the State of Montana contains the following provision:
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“Article II, Section 3. INALIENABLE RIGHTS. All persons are born free and have certain
inalienable rights. They include the right to a clean and healthful environment and the rights of pursuing life’s basic necessities, enjoying and defending their lives and liberties, acquiring, possessing and protecting property, and seeking their safety, health and happiness in all lawful ways. In enjoying these rights, all persons recognize corresponding responsibilities.”
The various rights and obligations established in this section frequently are influenced by the built environment of the City. One way of balancing these rights and obligations is through the adoption of zoning. The legislative process of zoning adoption requires the governing body to consider the nine subjects in 76-2-304, MCA. The public has an opportunity to see and advocate for those elements they
feel are most necessary for a given community. The adopted standards provide mutually beneficial
restrictions and authorizations for the use of land and limits the use of land to avoid unacceptable levels of negative impact to other properties and persons. This process likewise advances the constitutional rights to know and participate in the actions of local governments before final decisions are made.
Local flexibility: In Montana, local governments are given broad authority to determine the types of
districts best suited to the needs of the individual community and to establish standards for development within each district. See 76-2-301 and 76-2-302, MCA for additional details. Discussion of the proposed standards and possible locations for zoning district boundaries enables discussion of important public concerns. This discussion on a city-wide basis is separated from the influence of a specific development proposal and its merits or lack of merit.
Limits on zoning: Adoption of zoning establishes standards and procedures for review of proposed development. There are limits on the legitimate subjects and scope of zoning review. Issues such as civil rights protections or state and federal preemption of a subject may either limit the extent of a regulation or prohibit it entirely. Review of development proposals must follow adopted procedures and decisions
must be based on the legislatively adopted criteria. This is true whether the proposed development modifies the zoning map or seeks approval for construction on a site. C) Zone Map Amendment Process: The state law that authorizes adoption of municipal zoning also authorizes amendments to zoning once adopted. A change in the zoning map can only occur through the
adoption of an ordinance that identifies the nature and location of the change. The process of a zone map amendment assures some things such as public review and comment opportunity but does not guarantee a particular outcome. A zone map amendment is a legislative process and the City Commission has considerable latitude to
determine whether an amendment should be made. In considering an amendment the Commission examines the same criteria as for adoption of an entirely new zoning program. They must state how they believe the proposed amendment does or does not meet each criteria. As no person has an entitlement in a legislative process, no party can assert that they have a property right or other interest that prohibits the City from considering a change in zoning regulations. However, the City must provide due process to
members of the community to participate in the review before any such change may occur. Because the City Commission must base its decision on the state mandated criteria, public comments which seek to influence the decision need to be focused on the same criteria. The staff report provided to
the City Commission gives staff’s analysis of each amendment. Staff’s analysis is not for or against an
applicant but whether the proposed amendment meets the criteria. The Commission must make findings
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stating how they have found the criteria to be met or not. Persons who wish to influence the
Commission’s decision should provide factual evidence in support of their conclusions. Opinions or arguments unsupported by evidence do not give the Commission a basis for action. As noted above, the Montana Constitution provides for certain property rights and obligations. A zoning
ordinance overall must consider the impacts on those and other public interests. That is part of the
purpose of the review criteria. It also provides for equal protection of the law. Zoning is to advance the well-being of the community as a whole while respecting the interests of the individuals within the community.
Spot Zoning: Because zoning is created to benefit the community as a whole, adoption of zoning map
amendments that disadvantage the larger community to the benefit of only a few is not allowed. When a zoning map is amended in a way that does not benefit the larger community it is called spot zoning. Amendments to the zoning map can be for geographically small areas and still benefit the larger
community such as establishing an area for a needed fire station or other public utility. Zoning changes
for comparatively large areas can also be spot zoning if they meet certain criteria. These criteria have been established by the courts and not the legislature. There are three criteria evaluated to consider whether a zone map amendment is spot zoning. These are:
1. Is the proposed use significantly different from the prevailing land uses in the area?
2. Is the area requested for the rezone rather small in terms of the number of separate landowners
benefited from the proposed change?
3. Would the change be in the nature of “special legislation” designed to benefit only one or a
few landowners at the expense of the surrounding landowners or the general public?
In order for a map amendment to be spot zoning it must meet all three of the criteria.
Who may start a Zone Map Amendment: Section 38.260.100 authorizes the City Commission, Zoning Commission or one or more landowners to begin the zone map amendment process. Noticing for Zone Map Amendments: State law requires a public hearing before the Zoning Commission
and the City Commission before any zone map amendment is acted upon. Notice for these public
hearings must be published in the newspaper. The zone map amendment is also listed on published agendas for meetings before either body. This is the minimum noticing allowed. The City of Bozeman has chosen to add substantially to the public notice given for development. The
City’s notice components are set out in 38.220.400-420. Bozeman has added a requirement for at least
one sign to be posted on the site containing key information necessary for the reader to understand what is being proposed, when hearings will be held, and how to comment. A notice containing the same information also has to be sent via US mail to all owners of property located wholly or partly within 200 feet of the outer boundary of the area affected by the amendment. Residents or business owners within
the notice area who do not own property do not receive a mailed notice.
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Application materials, staff reports, and received public comments are linked to meeting agendas and
made available through the City’s website prior to any public hearing. The City also distributes information on development applications through its Neighborhoods program and other communication channels. The City continues to refine and improve its communication efforts. These efforts help advance Strategic Plan items 1.2 and 4.1.
Zoning boundaries: Each zoning district has an outer boundary. A map of current boundaries is available through the City’s website. If there is conflict it often occurs along a boundary where differing uses may be adjacent to one another. When zoning was first developed in the early 1900’s there were many safety issues that caused people to seek to separate uses they felt were incompatible. An example would be a factory which emitted much smoke, pollutants, and housing. The first model zoning was
issued by the US Department of Commerce to protect business from encroachment by housing. As sanitation systems have improved and building codes have been developed there are fewer of the egregious public safety impacts from proximity by different uses and zoning has become more flexible.
Zoning boundaries are initially established in conjunction with annexation when future land
development is not yet laid out. As the community changes it can be appropriate to change a zoning designation on particular property. This is done by a zone map amendment and follows the same process as when initially zoned.
Zoning maps are at large scales and it may be necessary to interpret how a zoning boundary actually lies
on the land. The City has adopted 38.300.050 to give guidance for how to interpret boundaries. Where possible, it is beneficial to have districts with material differences in intensity separated along physical boundaries such as streets or streams which provide separation and buffering between uses as well as marking a boundary. Boundaries can also follow property lines.
Not all boundaries can be neatly located along a visible separator such as a street. Under defined circumstances, the Community Development Director is authorized to make some minor administrative adjustments in boundaries without a formal zone map amendment. If the official zoning map is damaged a new one may be administratively prepared. The City maintains an archive of zoning maps back into
the 1940s. These maps are available to the public through the City’s website.
What does a zoning district adoption mean?: Section 38.300.020.C of the municipal code describes the meaning of an area being designated as a given zoning district. It reads: “Placement of any given zoning district on an area depicted on the zoning map indicates a judgment on the part of the city that the range
of uses allowed within that district are generally acceptable in that location. It is not a guarantee of
approval for any given use prior to the completion of the appropriate review procedure and compliance with all of the applicable requirements and development standards of this chapter and other applicable policies, laws and ordinances. It is also not a guarantee of immediate infrastructure availability or a commitment on the part of the city to bear the cost of extending services.”
As noted, actual compliance with all development standards must be demonstrated prior to approval of the use of the land. This includes demonstration of availability of adequate infrastructure. This is typically done thorough the subdivision or site plan review processes. The City may or may not participate in extensions of infrastructure for any area. Newly annexing areas are advised of this through the annexation agreement that annexing landowners sign.
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D) Requested Direction: Bozeman is experiencing sustained substantial growth. This has manifested in
both external expansion and reinvestment within the developed area of the community. Cities are not static. They are constantly changing in many ways. The City has had longstanding priorities for neighborhood stability and reinvestment manifested in regulation including but not limited to the Neighborhood Conservation Overlay District, investment programs like the Midtown tax increment
finance district, and maintenance and expansion of water and sewer pipes. There are also long standing
priorities to maximize use of existing infrastructure, avoiding unnecessary outward expansion, and fiscal prudence. National trends towards interest in walkable communities, changing housing needs for a changing
population, and different economic needs have changed how people are using property. Lending
programs have become more accepting of mixed use and infill redevelopment. All of these factors are influencing the nature of zone map amendments being sought. Staff requests direction from the City Commission on the following questions. In seeking this direction Staff reminds
the Commission and the public that this is general guidance and any individual application will be
evaluated on its own characteristics and in accordance with adopted criteria. Questions: Presentation on this subject will include some questions from staff for discussion and possible
Commission direction on matters of policy relating to Zone Map Amendments. Commission may give
direction or not as they believe most appropriate following discussion. UNRESOLVED ISSUES: None determined at this time.
ALTERNATIVES: As determined by the Commission. FISCAL EFFECTS: None identified.
Attachment: Zoning Map Development Map Report compiled on October 11, 2018
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LegendCity LimitsMerged Planning Projects (2010 - Present)´Map Created by the City of BozemanGIS department on 9/14/2018
Intended for planning purposes only.
Total area covered by development projectsaccount for 30.8% of City limits area.
City Development (2010 - Present)
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