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
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Attachments: Staff Report
Ordinance 2030
Report compiled on October 4, 2019
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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
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Procedures for Abandoning an Approved Zoning Project
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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
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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
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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.
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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
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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
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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
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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
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Ordinance 2030x, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review
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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,
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Ordinance 2030x, Amending Chapter 38 of the Bozeman Municipal Code to Increase Time Periods for Plan Review
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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.
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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.
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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
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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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