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HomeMy WebLinkAbout10-28-19 City Commission Packet Materials - A4. Ord 2030 Provisional, Amending Chapter 38 of the UDC for Zoning Time Periods1 REPORT TO: Mayor and City Commission FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Provisional adoption of Ordinance 2030, Application 19403. STRATEGIC PLAN: MEETING DATE: October 21, 2019 AGENDA ITEM TYPE: Action (legislative) RECOMMENDATION: Meets standards for approval. BACKGROUND: State law requires a local government to establish time frames for certain milestones during the review of zoning applications. The law does not set a specific period for these milestones for review of zoning authority applications. Local governments have latitude to determine the time frames for review milestones. Zoning applications cover a wide variety of intensities and scope. Examples of zoning based applications include, but are not limited to, site plans, certificates of appropriateness, and planned unit developments. In 2003, when this state requirement took effect, the City chose to initially place the same processing time limits on zoning as for subdivisions. There are many more zoning applications than subdivisions. Even when fully staffed, given the high pace of applications in the past several years it is difficult to meet required timeframes. Due to the City’s inability to fill open positions for planners, the Department of Community Development has been unable to consistently comply with the time limitations currently established. The proposed amendments 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, and also propose to strike a fixed time frame for notification in writing of final action on a conditional use permit. See appendix A of the staff report for further information. UNRESOLVED ISSUES: None. ALTERNATIVES: As suggested by the City Commission. FISCAL EFFECTS: None Commission Memorandum 344 2 Attachments: Staff Report Ordinance 2030 Report compiled on October 4, 2019 345 Page 1 of 7 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: 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 increase time periods for milestones in zoning plan review. 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 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: October 10, 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 zoning development types. State law requires a local government to establish time frames for certain milestones during the review of applications. The law does not set a specific period for these milestones for review of zoning authority applications. Local governments have latitude to determine the time frames for review milestones. Examples of zoning based applications include site plans, certificates of appropriateness, and planned unit developments. In 2005, when this state requirement took 346 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 7 effect, the City chose to initially place the same processing time limits on zoning as for subdivisions. There are many more zoning applications than subdivisions. The proposed amendments 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, 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 a more complete explanation The length of additional review time was determined by experience considering all the types of applicable applications, professional judgement, and after consultation with the City Attorney. Zoning Commission The Zoning Commission held their public hearing on October 1, 2019. There was one public comment. See Appendix B. A motion to recommend approval failed to pass on a vote of 2-2. Discussion by the Zoning Commission focused on impacts on review times and projects moving to completion, process developing the additional length of time included, need for timelines to be predictable for all parties and realistic to the ability to review applications. 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 35:30 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 PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 5 APPENDIX A - PROJECT BACKGROUND ......................................................................... 5 347 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 7 APPENDIX B - NOTICING AND PUBLIC COMMENT ...................................................... 6 APPENDIX C - APPLICANT INFORMATION AND STAFF REPRESENTATIVE ........... 7 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 hearing 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. 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 348 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 7 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, 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. Providing additional review time lessens the likelihood of oversights that may negatively impact this criterion. 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. 349 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 7 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 or change any use authorized in a zoning district. 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. 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 revises Chapter 38 of the Bozeman Municipal Code to extend application review timelines for zoning development types. The City has land development and use standards for which State law (7-21-1003, MCA) requires deadlines for certain milestones in review of applications but does not prescribe the number of days for those milestones. Currently, the City has adopted a five-working day plan 350 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 7 review deadline for acceptability, a fifteen-working day deadline for adequacy of applications, and a ten-working day deadline for final decisions. The deadlines for acceptability and adequacy mirror requirement in state law for subdivision review. There are many more zoning applications (419 in 2018) than subdivision (50 in 2018) applications submitted each year. The established zoning review time frames were adopted in 2005 by Ordinance 1645. The complexity and pace of development increased in the last 14 years. The Department of Community Development receives as many as 18 new projects per week. Depending on the type of project the determination of adequacy involves reviewers in a dozen different departments and agencies. Many applications have increased in both scale and complexity requiring more time to understand and review what is proposed. Examples of this are the larger mixed use buildings downtown and the large apartment complexes being built throughout the community. Increases in the number and scale of projects located within existing developed areas raise new complexities in review. Development is using a greater amount of allowed potential on lots cutting margins for error and necessitating more precision in application preparation and review. Further, the City has struggled to fill open positions for planners. Due to these factors, the City struggles to comply with the time limitations currently established. Even with full staffing, it is increasingly hard to meet the present standards due to the other factors listed above. The City proposes to extend time periods for zoning 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. 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. No written comments have been received as of the writing of the staff report. Any written comments will be forwarded. One oral comment was received at the Zoning Commission 351 19403, Staff Report for Ordinance 2030, Amending Chapter 38 of the Bozeman Municipal Code to Establish Procedures for Abandoning an Approved Zoning Project Page 7 of 7 public hearing in opposition to the proposed amendments. See the recording of the meeting for comment. Comment begins at 1:00:35 in the recording. 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 352 Page 1 of 6 ORDINANCE 2030 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA AMENDING ARTICLE 38 OF THE BOZEMAN MUNICIPAL CODE TO INCREASE TIME PERIODS FOR PLAN REVIEW 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, State law provides statutory deadlines for review of subdivision applications, and the Unified Development Code, Article 38 of the Bozeman Municipal Code (“UDC”) incorporates these deadlines; and WHEREAS, section 7-21-1003, MCA requires the City to establish deadlines for review of non-subdivision development applications, but does not prescribe the number of days; and WHEREAS, 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; and WHEREAS, the ability of the Department of Community Development to perform development review and long-range planning has long been negatively affected by the City’s inability to fill open positions for Planners; and WHEREAS, the Department of Community Development has been unable to comply with the time limitations established in the UDC for plan review and approval; and 353 Ordinance 2030x, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review Page 2 of 6 WHEREAS, it is in the interests of the City and public welfare to establish time periods for non-subdivision development review which provide for reasonable certainty, stability, and fairness in the land development process with the resources the City has available to perform the review. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA: Section 1 That section 38.230.090 of the Bozeman Municipal Code be amended as follows: Sec. 38.230.090. – Plan review procedures. . . . D. Step 3: Review of applications. Acceptability and adequacy of application. 1. The community development department must review the application for acceptability within five ten working days to determine if the application omits any of the submittal elements required by this chapter. If the application does not contain all of the required elements, the application, an a written explanation of what the application is missing must be returned to the property oowner or their representative. The five ten working day review period will be considered met if written explanation is provided as a signed and dated letter placed in the outgoing mail or as electronic communication (such as an email) within the five-ten day review period. 2. After the application is deemed to contain the required elements and to be acceptable, it must be reviewed for adequacy. A determination of adequacy means the application contains all of the required elements in sufficient detail and accuracy to enable the review authority to make a determination that the application either does or does not conform to the requiremetns of this chapter and any other applicable rgulations under the jurisdiction of the city. The adequacy review period begins on the next working day after the date that the community development department determines the application to contain all the required elements and must be completed within not more than 15 30 working days. The 15 30 working day review period will be considered met if the letter is dated, signed and placed in the outgoing mail or as electronic communication (such as an email) within the 15 30 working day review period. If the application is inadequate, a written explanation of why the application is inadequate will be provided to the property owner. a. In the event the missing information is not received by the city within 15 30 working days of notification to the property owner and applicant of inadequacy, 354 Ordinance 2030x, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review Page 3 of 6 application materials except file records will be returned to the property owner or their representative, unless a longer period is agreed between city and applicant. Subsequent resubmittal requires payment of a review fee as if it were a new application. b. A determination that an application is adequate does not restrict the city from requesting additional information during the site plan review process. . . . E. Plans must be reviewed by the review bodies established by division 38.210 of this chapter and accoding to the procedures established by this chapter. After review of the applicable submittal materials required by division 38.220 of this chapter, and upon recommendation by the appropriate advisory bodies, the review authority must act to approve, approve with conditions or deny the application, subject to the appeal provisions of division 38.250 of this chapter. The basis for the review authority’s action must be whether the application, including any required conditions, complies with all the applicable standards and requiements of this chapter, including section 38.100.050. 1. Plan. The review authority must provide an opportunity for the public to comment upon development proposal. The duration of the initial comment period must be as required by division 38.220 of this chapter and included in any notice required by division 38.270 of this chapter. a. The review authority after receiving the recommendations of the advisory bodies and considering any public comment must act to approve, approve with conditions or deny an application within ten 20 working days of the close of the public comment period. The decision must be in writing and must include any special conditions which are to be applied to the development. . . . Section 2 That section 38.230.110 of the Bozeman Municipal Code be amended as follows: Sec. 38.230.110. – Conditional Use Permit. . . . H. The applicant must be notified in writing of the final action taken within seven working days of the action. If the conditional use permit has been granted the notification must include any conditions, automatic termination date, period of review or other requirements. If the conditional use permit has been granted, the permit will be issued upon the signature of the community development director after completion of all conditionsand final plan. 355 Ordinance 2030x, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review Page 4 of 6 Section 3 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 4 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 provisions of the Bozeman Municipal Code not amended by this ordinance shall remain in full force and effect. Section 5 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 6 Codification. This Ordinance shall be codified as indicated in Section 1-2. 356 Ordinance 2030x, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review Page 5 of 6 Section 7 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 357 Ordinance 2030x, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review Page 6 of 6 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 358