HomeMy WebLinkAbout19403 Ord 2031 Zoning Application Withdrawal Staff Report ZC 9-25-19Page 1 of 6
19403, Staff Report to Amend Chapter 38 of the Bozeman Municipal Code to
Establish Procedures for Abandoning an Approved Zoning Project and
Providing an Effective Date, Ordinance 2031
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 add procedures for an
applicant to voluntarily abandon approval of an application which was previously
granted.
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 2031.
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 2031.
Report: September 25, 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
establish procedures for abandoning an approved zoning project and providing an effective
date.
19403, Staff Report for Ordinance 2031, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
Page 2 of 6
Currently, there are no provisions within the BMC that specifically allow a landowner to
abandon an approved project that is no longer being pursued. When other projects rely upon
infrastructure or other improvements to be installed by a different project, uncertainty in the
status of a project creates difficulty for reviewing other projects. An approved zoning project
has up to one year in which to move to construction. This can be a difficult length of time for
public and private planning given the pace at which development is occurring.
The abandoning of a project is infrequent. However, its importance justifies establishing a
consistent procedure. See appendix A for further discussion.
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. Revise section 38.230.140 – Final Plan to add procedures for an applicant to voluntarily
abandon approval of an application which was previously granted.
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 ........................................ 3
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
19403, Staff Report for Ordinance 2031, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
Page 3 of 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.
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. The 2009 Bozeman Community Plan (growth policy) includes broad recommendations
and guidance for the future development of the City, while identifying specific
implementation policies to translate the overall goals of the plan into tools used to carry out
the plan.
Making improvements to the municipal code for clarity and effectiveness is consistent with
Implementation Policy #4 of the growth policy which states to, “ensure that development
procedures and requirements are predictable, clear, timely, and effective while ensuring
adequate review of community and environmental impacts.”
As this is a text amendment only there is no need to analyze accordance with the future land
use map. No conflicts with the growth policy have been identified.
B. Secure safety from fire and other dangers.
19403, Staff Report for Ordinance 2031, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
Page 4 of 6
Yes. The City’s land development standards are in place to protect public health, safety, and
general welfare. This amendment does not change any of those standards. This amendment
has minimal effect on this criterion. Therefore, the existing standards continue to meet this
criterion.
C. Promote public health, public safety, and general welfare.
Yes. The City’s land development standards are in place to protect public health, safety, and
general welfare. The development approval process is an implementing tool for those
protection measures to ensure adequate reviews and oversights occur. With the current
inability for an applicant to withdraw an approved application, inefficiencies in the review
process result if a new application is submitted. The proposed amendments serve to alleviate
that issue and provide more clarity and efficiency with new applications.
D. Facilitate the provision of transportation, water, sewerage, schools, parks and other
public requirements.
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. The proposed
amendment supports additional predictability in anticipating the installation of such public
facilities. Greater predictability improves construction planning and coordination for both
public and private contracts.
E. Reasonable provision of adequate light and air.
Neutral. This is not applicable for the proposed amendment as it does not change any
standard affecting this criterion.
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. The proposed
amendment supports additional predictability in anticipating the installation of such public
facilities. Greater predictability improves construction planning and coordination for both
public and private contracts.
G. Promotion of compatible urban growth.
Yes. The proposed amendment would allow new development applications to be reviewed in
a streamlined and efficient process, when an appropriate process for abandoning former
projects is in place. This allows property owners to pursue new development proposals that
are compatible with the current conditions and urban growth goals of the community.
H. Character of the district.
19403, Staff Report for Ordinance 2031, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
Page 5 of 6
Neutral. This is not applicable for the proposed amendment. The proposed amendment only
addresses a review procedure and does not change the built environment. The new process is
applicable in all zoning districts.
I. Peculiar suitability for particular uses.
Neutral. This is not applicable for the proposed amendment. The amendment only revises a
process and does not alter any development standard.
J. Conserving the value of buildings.
Neutral. This is not applicable for the proposed amendment. The proposed amendment only
addresses a review procedure and does not change the built environment.
K. Encourage the most appropriate use of land throughout the jurisdictional area.
Neutral. This is not applicable for the proposed amendment. The proposed amendment does
not alter the zoning map.
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
establish procedures for abandoning an approved zoning project and providing an effective
date.
Currently, there are no provisions within the BMC that allow a landowner to abandon an
approved project that is no longer being pursued, which creates difficulty for reviewing other
projects. Although not occurring frequently, sometimes financing is not obtained,
19403, Staff Report for Ordinance 2031, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
Page 6 of 6
partnerships dissolve, or sales of land are not finalized. In these circumstances, a landowner
may wish to abandon a prior approval in order to proceed with new designs and options
without the potential uncertainties or burdens from a prior approval.
The ability to have certainty in planning for public construction and administrative efficiency
is also assisted by the ability to close out a project which will not go forward. When a project
is officially terminated designs for traffic control during road construction may be simplified
and files can be put away in long term storage.
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. Revise section 38.230.140 – Final Plan to add procedures for an applicant to voluntarily abandon approval of an application which was previously granted.
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 38.220.420, 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 minor 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 2031