HomeMy WebLinkAbout19403 Ord 2030 Lengthening Plan Review Deadlines Staff Report ZC 9-25-19Page 1 of 6
19403, Staff Report to Amend Chapter 38 of the Bozeman Municipal Code to
Increase Time Periods for Plan Review, Ordinance 2030
Public Hearing Dates:
Zoning Commission meeting is on Tuesday, October 1, 2019 at 6:00 p.m.
City Commission meeting is on Monday, October 28, 2019 at 6:00 p.m.
Project Description: Amend land use regulations of the Unified Development Code
(UDC), Chapter 38 of the Bozeman Municipal Code to increase time periods for plan
review.
Project Location: These amendments apply to the entire City and all zoning districts.
Recommendation: Approval.
Recommended Zoning Commission Motion: Having reviewed and considered the
application materials, public comment, and all the information presented, I hereby
adopt the findings presented in the staff report for application 19403 and move to
recommend that the City commission adopt Ordinance 2030.
Recommended City Commission Motion: Having reviewed and considered the application
materials, public comment, Zoning Commission recommendation, and all the
information presented, I hereby adopt the findings presented in the staff report for
application 19403 and move to provisionally adopt Ordinance 2030.
Report: September 26, 2019
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
Unresolved Issues
None identified at this time.
Project Summary
The City of Bozeman applies to revise Chapter 38 of the Bozeman Municipal Code to extend application review timelines for plans and Conditional Use Permits. State law requires a local government to establish time frames for review of applications to pass certain milestones. The
law does not set a specific date for these milestones for review of zoning authority applications. Due to the City’s inability to fill open positions for Planners, the Department of Community Development has been unable to comply with the time limitations currently established. The proposed amendments revise the timelines for when applications reviewed under zoning
19403, Staff Report for Ordinance 2030, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
Page 2 of 6
authority must be deemed to be acceptable or adequate, and when action to approve, deny, or approve with conditions must be taken, and also propose to strike a fixed time frame for notification in writing of final action on a conditional use permit. See appendix A for further
information.
Alternatives
1. Direct additional revisions to the ordinance.
2. Do not adopt the ordinance, or
3. Request additional information and continue further discussion of the ordinance.
TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Alternatives ......................................................................................................................... 2
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 2
SECTION 2 - STAFF ANALYSIS AND FINDINGS ............................................................. 3
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 5
APPENDIX A - PROJECT BACKGROUND ......................................................................... 5
APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 6
APPENDIX C - APPLICANT INFORMATION AND STAFF REPRESENTATIVE ........... 6
FISCAL EFFECTS ................................................................................................................... 6
ATTACHMENTS ..................................................................................................................... 6
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for municipal code amendment, Staff recommends
approval as submitted.
The Zoning Commission will hold a public meeting on the text amendments on Tuesday,
October 1, 2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting
will begin at 6 p.m.
19403, Staff Report for Ordinance 2030, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
Page 3 of 6
The City Commission will hold a public meeting on the text amendments on Monday,
October 28, 2019. The meeting will be held at 121 N. Rouse Avenue, Bozeman. The meeting
will begin at 6 p.m.
SECTION 2 - STAFF ANALYSIS AND FINDINGS
In considering applications for plan approval under this title, the advisory boards and City
Commission shall consider the following criteria (letters A-K). As an amendment is a
legislative action, the Commission has broad latitude to determine a policy direction. The
burden of proof that the application should be approved lies with the applicant.
In considering the criteria the analysis must show that the amendment accomplishes criteria
A-D. Criteria E-K must be considered and may be found to be affirmative, neutral, or
negative. A favorable decision on the proposed application must find that the application
meets all of criteria A-D and that the positive outcomes of the amendment outweigh negative
outcomes for criteria E-K.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. Implementation Policy #4 of the growth policy states to “ensure that development
procedures and requirements are predictable, clear, timely, and effective while ensuring
adequate review of community and environmental impacts.”
Approval of these text amendments would ensure that applications are reviewed in a timely
and predictable manner. Chapter 16 of the growth policy addresses implementation through
both regulatory and non-regulatory tools. On page 16-1, the policy states that, “In the
development of either type of implementation tool a variety of interests, duties, rights,
circumstances, and resource availability must be balanced.” In this case, the resource
availability of staff is requiring the development review process to be lengthened to allow for
adequate review of community and environmental impacts.
No conflicts with the growth policy have been identified. As this is a text amendment only
there is no need to analyze accordance with the future land use map.
B. Secure safety from fire and other dangers.
Yes. Allowing more time for adequate processing of development applications ensures
thorough reviews to examine proposals for impacts affecting fire and other safety issues.
C. Promote public health, public safety, and general welfare.
Yes. The proposed amendment changes allow Staff adequate time to review development
applications to ensure that proposals promote public health, safety, and welfare. Additionally,
19403, Staff Report for Ordinance 2030, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
Page 4 of 6
having predictable and timely review periods creates a benefit to the general public when
dealing with City agencies.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
Yes. The City relies heavily upon the zoning review process to ensure that adopted standards
are met. Inadequate review time causes application review to be rushed and errors can be
made. An error can be counter to the purpose of this criterion. Therefore, providing adequate
review time will facilitate provision of the listed services. The standards for the listed
services are not amended by this application.
E. Reasonable provision of adequate light and air.
Yes. This is not applicable for the proposed amendment as it does not change any standard
affecting this criterion. Therefore, the requirements that provide for light and air will
continue.
F. The effect on motorized and non-motorized transportation systems.
Yes. The proposed amendment does not modify any standard for provision of the listed
services. Therefore, these services will continue to be provided as before.
G. Promotion of compatible urban growth.
Neutral. This is not applicable for the proposed amendment. The proposed amendment
addresses review procedures and does not change the built environment.
H. Character of the district.
Neutral. This is not applicable for the proposed amendment. The proposed amendment
addresses review procedures and does not change the built environment or standards
associated with physical construction. The standard is applicable in all zoning districts.
I. Peculiar suitability for particular uses.
Neutral. This is not applicable for the proposed amendment. The proposed amendment
addresses review procedures and does not modify the zoning map.
J. Conserving the value of buildings.
Neutral. This is not applicable for the proposed amendment. The proposed amendment
addresses review procedures and does not change the built environment or standards
associated with physical construction.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. This is not applicable for the proposed amendment. The proposed amendment
addresses review procedures and does not modify the zoning map.
19403, Staff Report for Ordinance 2030, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
Page 5 of 6
PROTEST NOTICE FOR ZONING AMENDMENTS
IN THE CASE OF WRITTEN PROTEST AGAINST SUCH CHANGES SIGNED BY THE OWNERS OF 25% OR MORE OF 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. For this text amendment application, the applicable calculation of protesting owners would include all owners of all properties in all districts of the City for issues affecting the entire city
such as review processes and generally applicable standards. For issues affecting a defined
subsection of the city such as an individual zoning district the calculation of protesting owners would include all owners within the affected area. This protest does not apply to provisions relating to subdivision review as there is no state authority for protest of subdivision regulations.
APPENDIX A - PROJECT BACKGROUND
The City of Bozeman applies to revise Chapter 38 of the Bozeman Municipal Code to extend
application review timelines for plans and Conditional Use Permits.
The City has land development and use standards for which State law provides statutory
deadlines for review of applications but does not prescribe the number of days. Currently, the
City has adopted a five-day plan review deadline for acceptability, a fifteen-day deadline for
adequacy of applications, and a ten-day deadline for final decisions. Due to the City’s
inability to fill open positions for Planners, the Department of Community Development has
been unable to comply with the time limitations currently established.
The City proposes to establish extended time periods for non-subdivision development
review to provide more certainty, stability, and fairness in the land development process. The
following describes the location and changes proposed to the Bozeman Municipal Code. The
full draft ordinance with proposed changes is attached to this report.
1. Section 38.230.090 – Plan Review Procedures – to revise the timelines for when applications reviewed under zoning authority must be deemed to be acceptable or adequate, and when action to approve, deny, or approve with conditions must be taken. 2. Section 38.230.110 – Conditional Use Permit – to strike a fixed time frame for
notification in writing of final action on a conditional use permit.
19403, Staff Report for Ordinance 2030, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
Page 6 of 6
APPENDIX B - NOTICING AND PUBLIC COMMENT
This application is for an amendment to the municipal code. Therefore, the required notice is
publication in the newspaper per Table 38.40.030, BMC. Notice was published on September
15, 2019 and September 29, 2019 in the Bozeman Daily Chronicle.
APPENDIX C - APPLICANT INFORMATION AND STAFF
REPRESENTATIVE
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771.
Staff Representative: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified. No presently budgeted funds will be changed by
this text amendment. The City will incur periodic costs to administer the process.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Draft Ordinance 2030