HomeMy WebLinkAbout10-28-19 City Commission Packet Materials - A3. Ord 2031 Provisional, Amending Chapter 38 of the UDC for Zoning Projects1
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development
SUBJECT: Provisional adoption of Ordinance 2031 establishing procedures for abandoning
an approved zoning project, Application 19403.
STRATEGIC PLAN: Implements strategic plan 4.1 by creating procedures to document changes and
keep information current.
MEETING DATE: October 28, 2019
AGENDA ITEM TYPE: Action (legislative)
RECOMMENDATION: Meets standards for approval.
BACKGROUND: 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 projects rely upon
infrastructure or other improvements to be installed by a different project, uncertainty in the status of a
project creates difficulty for review. 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.
UNRESOLVED ISSUES: None.
ALTERNATIVES: As suggested by the City Commission.
FISCAL EFFECTS: None
Attachments: Staff Report Ordinance 2031
Report compiled on October 4, 2019
Commission Memorandum
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Page 1 of 7
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: Tuesday, October 1, 2019 at 6:00 p.m.
City Commission: 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.
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: October 3, 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.
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19403, Staff Report for Ordinance 2031, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
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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.
Zoning Commission
The Zoning Commission held their public hearing on October 1, 2019. There was no public comment. A motion to recommend approval passed on a vote of 4-0.
The video of the meeting is available
at: https://media.avcaptureall.com/session.html?sessionid=923a4d71-317b-457c-a33d-3307644d5374&prefilter=654,3835. Discussion on this item begins at 26:40 in the recording.
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
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3
SECTION 2 - STAFF ANALYSIS AND FINDINGS ............................................................. 3
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19403, Staff Report for Ordinance 2031, Amending Chapter 38 of the Bozeman Municipal Code to Establish
Procedures for Abandoning an Approved Zoning Project
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PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 5
APPENDIX A - PROJECT BACKGROUND ......................................................................... 6
APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 6
APPENDIX C - APPLICANT INFORMATION AND STAFF REPRESENTATIVE ........... 6
FISCAL EFFECTS ................................................................................................................... 7
ATTACHMENTS ..................................................................................................................... 7
SECTION 1 - RECOMMENDATION AND FUTURE ACTIONS
Having considered the criteria established for municipal code amendment, Staff recommends
approval as submitted.
The Zoning Commission held a public hearing on the text amendments on Tuesday, October
1, 2019. The meeting was held at 121 N. Rouse Avenue, Bozeman. The meeting began 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
begins 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
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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.
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
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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.
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.
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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,
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.
No public comments have been received as of the writing of this staff report.
APPENDIX C - APPLICANT INFORMATION AND STAFF
REPRESENTATIVE
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771.
Staff Representative: Chris Saunders, Community Development Manager
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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
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ORDINANCE 2031
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING SECTION 38.230.140 OF THE BOZEMAN MUNICIPAL CODE
TO ESTABLISH PROCEDURES FOR ABANDONING AN APPROVED ZONING
PROJECT AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Bozeman (the “City”) has adopted land development and use
standards to protect public health, safety and welfare and otherwise execute the purposes of Section
76-2-304, MCA; and
WHEREAS, the City approves projects through its zoning authority and landowners and
other citizens rely upon such approvals; and
WHEREAS, uncertainty in the status of approvals may create difficulty for reviewing
other projects which may be affected by approved projects; and
WHEREAS, it is in the interests of the City and public welfare to establish a common
procedure for a landowner to abandon an approved project explicitly to lessen uncertainty.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That section 38.230.140 of the Bozeman Municipal Code be amended as follows:
Sec. 38.230.140. - Final plan.
A. If the review authority is the city commission, no later than six months after the date of the
commission's approval of the plan, the applicant must submit to the community development
department a final plan. The number of copies of the final plan to be submitted is established
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by the director of community development. The final plan must contain the materials required
in sections 38.220.080 and 38.220.090 and whatever revisions to the preliminary site plan or
master site plan are required to comply with any conditions of approval. Prior to the passage
of six months, the applicant may seek an extension of not more than an additional six months from the director of community development.
B. In addition to the materials required in subsection A of this section, the applicant must submit
a certification of completion and compliance stating that they understand any conditions of
approval and the submitted final plans have complied with any conditions of approval or
corrections to comply with code provisions.
C. If a plan is fully compliant with all applicable standards the review authority may approve
the final plan after the close of the public comment period. In addition to the materials required
in subsections A and B of this section, the owner must submit a statement of intent to construct
according to the final plan. Such statement must acknowledge that construction not in
compliance with the approved final plan may result in delays of occupancy or costs to correct noncompliance.
D. Following approval of a final plan, the approval of the final plan is effective for one year.
Prior to the passage of one year, the applicant may seek an extension of not more than one
additional year. In such instances, the director of community development must determine
whether the relevant terms of this chapter and circumstances have significantly changed since the initial approval. If relevant terms of this chapter or circumstances have significantly
changed, the extension of the approval may not be granted.
E. Following approval of a final master site plan, approval of the final master site plan is
effective for not less than three but not more than five years with the initial duration to be
specified during the final action of the review authority. Owners of property subject to the master site plan may seek extensions to not exceed five years. Approval of an extension must
be granted if the director of community development determines the criteria of subsection F
of this section are met.
F. Any request for an extension must be in writing and be dated and signed by the owner of the
undeveloped area or incomplete development for which the extension is sought. More than one extension may be requested for a particular development. Each request must be considered
on its individual merits. An extension of the development approval under this division 38.230
does not extend other city or non-city agency approvals, e.g. for design of infrastructure
extensions, necessary to complete the project. When evaluating an extension request, the city
must consider:
1. Changes to the development regulations since the original approval and whether the
development as originally approved substantially complies with the new regulations;
2. Progress to date in completing the development as a whole and any phases;
3. Phasing of the development and the ability for existing development to operate without
the delayed development;
4. Dependence by other development on any public infrastructure or private improvements
to be installed by the development;
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5. For extensions of approval greater than one year, the demonstrated ability of the
developer to complete the development;
6. Overall maintenance of the site; and
7. Whether mitigation for impacts of the development identified during the preliminary plan review remain relevant, adequate, and applicable to the present circumstances of the
development and community.
G. Upon approval of the final plan by the community development director the applicant may
obtain a building permit as provided for by division 38.220 of this chapter.
1. Subsequent site plan approvals are required to implement a master site plan, and approval of a master site plan only does not entitle an applicant to obtain any building permits.
H. Prior to the expiration of an approved plan, but not later than beginning of construction, a
landowner may request to abandon approval of an application which has received final approval
per this section.
1. Such a request for abandonment must be in writing to the director of community
development, must clearly identify the project by the city’s assigned application number,
and must clearly state that the landowner is abandoning the application and all associated
rights and privileges. The director of community development may establish standards for
the content, form, and supporting materials to be included in a request to abandon an
approval.
2. The director of community development may approve such an abandonment in writing.
3. An application abandoned under this section is void.
Section 2
Repealer.
All provisions of the ordinances of the City of Bozeman in conflict with the provisions of
this ordinance are, and the same are hereby, repealed and all other provisions of the ordinances of
the City of Bozeman not in conflict with the provisions of this ordinance shall remain in full force
and effect.
Section 3
Savings Provision.
This ordinance does not affect the rights and duties that matured, penalties that were
incurred or proceedings that were begun before the effective date of this ordinance. All other
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provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full
force and effect.
Section 4
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect
the validity of this ordinance as a whole, or any part or provision thereof, other than the part so
decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Bozeman
Municipal Code as a whole.
Section 5
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 6
Effective Date.
This ordinance shall be in full force and effect thirty (30) days after final adoption.
PROVISIONALLY ADOPTED by the City Commission of the City of Bozeman,
Montana, on first reading at a regular session held on the 28th day of October, 2019.
____________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
____________________________________ ROBIN CROUGH City Clerk
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FINALLY PASSED, ADOPTED, AND APPROVED by the City Commission of the
City of Bozeman, Montana on second reading at a regular session thereof held on the ___ of
____________________, 2019. The effective date of this ordinance is ______________, 2019.
_________________________________
CYNTHIA L. ANDRUS
Mayor
ATTEST:
_______________________________ ROBIN CROUGH City Clerk
APPROVED AS TO FORM:
_________________________________
GREG SULLIVAN
City Attorney
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