HomeMy WebLinkAbout08-03-20 City Commission Packet Materials - A4f. Ord 2048 Requirements and Process for Public Notice Envelopes App 20035Page 1 of 7
20035 Staff Report for the Notice Envelopes Text Amendment, Ordinance
2048
Public Hearings: Zoning Commission public hearing July 14, 2020, 6 p.m.
City Commission public hearing August 3, 2020 at 6 pm.
Project Description: Revise submittal requirements and processes for applications to send
out public notice envelopes.
Project Location: Applicable city-wide
Recommendation: Meets standards for adoption of Ordinance 2048.
Zoning Commission motion: Having reviewed and considered the staff report, application
materials, public comment, and all information presented, I hereby adopt the findings
presented in the staff report for application 20035, Ordinance 2048 and move to
recommend approval of Ordinance 2048.
Recommended City Commission Motion: Having reviewed and considered the staff
report, application materials, Zoning Commission recommendation, public comment,
and all information presented, I hereby adopt the findings presented in the staff
report for application 20035, Ordinance 2048 and move to provisionally adopt
Ordinance 2048.
Report: July 15, 2020
Staff Contact: Chris Saunders, Community Development Manager
Agenda Item Type: Action - Legislative
EXECUTIVE SUMMARY
This report is based on the application materials submitted and public comment received to
date.
Unresolved Issues
None
Project Summary
This text amendment revises the process for mailing of public notices regarding
development. Presently, the code requires the City to mail the notice. The amendment will
place that responsibility on the applicant. The City administratively made this change as a
response to operational limits required by the COVID pandemic. It has worked well and
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Staff Report for the Notice Envelopes Text Amendment Ordinance 2048 Page 2 of 7
saves a lot of time and tracking of materials by Staff. There are no changes to the content or
recipient of notices from this amendment, only who mails the envelopes.
In association with the amendment to mailing duties are changes to required materials to be
submitted for certain application types.
Strategic Plan
1.1 Outreach
Continue to strengthen and innovate in how we deliver information to the community and our
partners.
7.3 Best Practices, Creativity & Foresight
Utilize best practices, innovative approaches, and constantly anticipate new directions and
changes relevant to the governance of the City. Be also adaptable and flexible with an
outward focus on the customer and an external understanding of the issues as others may see
them.
Zoning Commission
The Zoning Commission held their public hearing on July 14th. They recommend favorably
on the Ordinance as presented on a vote of 4-0. The recording of the meeting is available at
https://media.avcaptureall.com/session.html?sessionid=ac75d7c9-07cf-47f0-b6c8-
85407e6ee82e&prefilter=654,3835. Discussion of this amendment begins at 21:44 on the
recording.
Alternatives
1. Provisional adoption of the ordinance;
2. Provisional adoption of the ordinance with modifications to the recommended ordinance;
3. Denial of the ordinance based on findings of non-compliance with the applicable criteria
contained within the staff report; or
4. Open and continue the public hearing on the application, with specific direction to staff to
supply additional information or to address specific items.
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TABLE OF CONTENTS
EXECUTIVE SUMMARY ...................................................................................................... 1
Unresolved Issues ............................................................................................................... 1
Project Summary ................................................................................................................. 1
Strategic Plan ...................................................................................................................... 2
Zoning Commission ............................................................................................................ 2
Alternatives ......................................................................................................................... 2
SECTION 1 - MAP SERIES .................................................................................................... 3
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS ........................................ 3
Text Amendment ................................................................................................................ 3
SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS ....................... 4
PROTEST NOTICE FOR ZONING AMENDMENTS ........................................................... 6
APPENDIX A - NOTICING AND PUBLIC COMMENT ..................................................... 7
APPENDIX B – APPLICANT INFORMATION AND REVIEWING STAFF ...................... 7
FISCAL EFFECTS ................................................................................................................... 7
ATTACHMENTS ..................................................................................................................... 7
SECTION 1 - MAP SERIES
No map is provided. The proposed amendments apply throughout the entire City.
SECTION 2 - RECOMMENDATION AND FUTURE ACTIONS
Text Amendment
Having considered the criteria established for a text amendment, the Staff recommends
approval as submitted.
The Zoning Commission held a public hearing on this ZMA on July 14, 2020. They
recommend in favor of the Text amendment.
The City Commission will hold a public hearing on the text amendment on August 3, 2020.
The meeting will begin at 6 p.m.
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SECTION 3 - TEXT AMENDMENT STAFF ANALYSIS AND FINDINGS
In considering applications for approval under this title, the Zoning Commission and City
Commission must consider the following criteria (letters A-K). As an amendment is a
legislative action, the City Commission has broad latitude to determine a policy direction.
The burden of proof that the application should be approved lies with the applicant.
A text amendment must be in accordance with the growth policy (criteria A) and be designed
to secure safety from fire and other dangers (criteria B), promote public health, public safety,
and general welfare (criteria C), and facilitate the provision of transportation, water,
sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a
text amendment the Commission must find Criteria A-D are met.
In addition, the Commission must also consider criteria E-K, and may find the text
amendment to be positive, neutral, or negative with regards to these criteria. To approve the
text amendment, the Commission must find the positive outcomes of the amendment
outweigh negative outcomes for criteria E-K. In determining whether the criteria are met,
Staff considers the entire body of regulations for land development. Standards which prevent
or mitigated negative impacts are incorporated throughout the entire municipal code but are
principally in Chapter 38, Unified Development Code.
Section 76-2-304, MCA (Zoning) Criteria
A. Be in accordance with a growth policy.
Yes. The proposed amendment addresses a specific public notice practice rather than a
policy statement. There is not much discussion in the growth policy at the level of detail of
this amendment. There are two implementation policies which are relevant.
4) Ensure that development procedures and requirements are predictable, clear, timely,
and effective while ensuring adequate review of community and environmental impacts.
5) Provide opportunities for meaningful public outreach and involvement in the
preparation of all Bozeman Community.
a. Continue to develop means of information exchange with the public.
Notices mailed directly to the public provide a connection to property owners who may not
be residing or otherwise close to the site. With or without this amendment there will be the
same notice type and frequency provided to the public. There are no changes to the content
of required notices as a result of this amendment.
Having the applicant directly mail the notice ensures that envelopes are not misplaced during
the review process, puts greater accountability on the applicant to ensure information is
provided to the public, and supports the City’s efforts to enable greater electronic plan
review. Electronic plan review supports City’s goals of sustainability and transparency
established in various City documents.
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No conflicts have been identified between the proposed amendment and the growth policy.
B. Secure safety from fire and other dangers.
Yes. The proposed amendment does not alter or remove any adopted standard implementing
this criterion. All adopted implementing standards remain in effect.
C. Promote public health, public safety, and general welfare.
Yes. The proposed amendment does not alter or remove any adopted standard implementing
this criterion. All adopted implementing standards remain in effect.
D. Facilitate the provision of transportation, water, sewerage, schools, parks
and other public requirements.
Yes. This application does not modify any standard related to provision of these public
services. All standards necessary to provide these items remain in force.
E. Reasonable provision of adequate light and air.
Neutral. The proposed amendment is not applicable to this criteria as it does not affect
setbacks, park dedication, or other standards that would affect provision of adequate light and
air.
F. The effect on motorized and non-motorized transportation systems.
Neutral. The amendment only affects responsibilities for mailing public notice. There is not
an impact on any transportation related standard. Therefore, the amendment is expected to
have no impact on the transportation system.
G. Promotion of compatible urban growth.
Neutral. The proposed amendment is a minor adjustment to notice procedures. The
amendment makes no impact to the zoning map or standards for height, use, or other
development of land. Therefore, the amendment is expected to have no impact on this
criterion.
H. Character of the district.
Neutral. The proposed amendment is only to a noticing procedure. It does not revise any
physical standard that shapes district character or uses. Therefore, the amendment is expected
to have no or minimal impact on this criterion.
I. Peculiar suitability for particular uses.
Neutral. This criterion is particularly applicable to zone map amendments which alter the
uses allowed in a defined geographic area. The amendment does not modify the allowed
uses, create or remove zoning districts, or alter any standard which limits or authorizes uses.
The amendment is broadly applicable to all applications required to mail a public notice. It
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Staff Report for the Notice Envelopes Text Amendment Ordinance 2048 Page 6 of 7
does not alter allowed uses in any district. Therefore, there is no expected impact on this
criterion.
J. Conserving the value of buildings.
Yes. No existing building will become non-conforming as a result of this amendment. The
amendment is minor in scope and no material negative impacts are foreseen. Therefore, the
value of buildings is conserved.
K. Encourage the most appropriate use of land throughout the jurisdictional
area.
Neutral. This criterion is particularly applicable to zone map amendments which alter the
uses allowed in a defined geographic area. The amendment does not modify the allowed
uses, create or remove zoning districts, or alter any standard which limits or authorizes uses.
The amendment is broadly applicable to all applications required to mail a public notice. It
does not alter allowed uses in any district. Therefore, there is no expected impact on this
criterion.
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. The City will accept written protests from property owners against the proposal
described in this report until the close of the public hearing before the City
Commission. Pursuant to 76-2-305, MCA, a protest may only be submitted by the owner(s)
of real property within the area affected by the proposal or by owner(s) of real property that
lie within 150 feet of an area affected by the proposal. The protest must be in writing and
must be signed by all owners of the real property. In addition, a sufficient protest must: (i)
contain a description of the action protested sufficient to identify the action against which the
protest is lodged; and (ii) contain a statement of the protestor's qualifications (including
listing all owners of the property and the physical address), to protest the action against
which the protest is lodged, including ownership of property affected by the action. Signers
are encouraged to print their names after their signatures. A person may in writing withdraw
a previously filed protest at any time prior to final action by the City Commission. Protests
must be delivered to the Bozeman City Clerk, 121 North Rouse Ave., PO Box 1230,
Bozeman, MT 59771-1230.
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APPENDIX A - NOTICING AND PUBLIC COMMENT
Notice for a text amendment is provided by publication in the Bozeman Daily Chronicle.
Notice was published for this application on 6/28/2020, 7/12/2020, and 7/26/2020.
Publication dates are at least 15 and not more than 45 days prior to the Zoning Commission
or City Commission public hearings.
One oral comment in support was received at the Zoning Commission. Any written public
comments will be provided to the review bodies.
APPENDIX B – APPLICANT INFORMATION AND REVIEWING STAFF
Applicant: City of Bozeman, PO Box 1230, Bozeman MT 59771
Representative: Department of Community Development, City of Bozeman, PO Box 1230,
Bozeman MT 59771
Report By: Chris Saunders, Community Development Manager
FISCAL EFFECTS
No unusual fiscal effects have been identified.
ATTACHMENTS
The full application and file of record can be viewed at the Community Development
Department at 20 E. Olive Street, Bozeman, MT 59715.
Ordinance 2048
Application form
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Page 1 of 7
ORDINANCE NO. 2048
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA AMENDING 38.220.050. - PRELIMINARY PLAT SUPPLEMENTS
REQUIRED FOR ALL SUBDIVISIONS, 38.220.140. - SUBMITTAL MATERIALS FOR
APPEALS OF ADMINISTRATIVE PROJECT DECISIONS, 38.220.150. -
ADMINISTRATIVE INTERPRETATION APPEALS, 38.220.160. - SUBMITTAL
MATERIALS FOR VARIANCES, AND 38.220.420. - NOTICE REQUIREMENTS FOR
APPLICATION PROCESSING OF THE BOZEMAN MUNICIPAL CODE TO REVISE
SUBMITTAL REQUIREMENTS AND NOTICING PROCEDURES FOR SITE AND
SUBDIVISION REVIEWS 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 Constitution of the State of Montana and implementing laws establish
certain rights and requirements for the public to be made aware of and be able to participate in
governmental decision making;
WHEREAS, the Strategic Plan of the City advocates for a Well Planned City, an Engaged
Community and certain implementing actions; and
WHEREAS, notices of possible actions by the City are provided by mailed notices and it
is appropriate to provide for standard procedures for mailing of notices.
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NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOZEMAN, MONTANA:
Section 1
That Section 38.220.140 of the Bozeman Municipal Code be amended as follows with all
other elements of the section remaining unchanged:
Sec. 38.220.050. - Preliminary plat supplements required for all subdivisions.
A. The following supplemental information must be submitted with the preliminary plat.
1. Area map. A map showing all adjacent sections of land, subdivision, certificates of survey, streets and roads.
2. Subdivision map. Map of entire subdivision as specified on the application form provided
by the community development department.
3. Variances. A written statement describing any requested subdivision variance and the facts of hardship upon which the request is based (refer to division 38.250 of this chapter).
4. Property owners'. A certified list of adjoining property owners', their mailing addresses
and property description, including property owners' across public rights-of-way and/or
easements. The names and addresses must also be provided on self-adhesive mailing labels, one set of labels for first minor subdivisions or subdivisions eligible for summary review, and three sets of labels for all other subdivisions. Noticing materials required by 38.220.420.
…
Section 2
That Section 38.220.140 of the Bozeman Municipal Code be amended as follows:
38.220.140. - Submittal materials for appeals of administrative project decisions.
A. All appeals of administrative project decisions must include:
1. Name and address of the appellant;
2. The legal description, street address, and project number of the property involved in the appeal;
3. A description of the project that is the subject of the appeal;
4. Evidence that the appellant is an aggrieved person as defined in section 38.700.020;
5. Names and addresses of property owners and envelopes as required by section 38.220.420.D; Noticing materials required by 38.220.420;
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Ordinance 2048, Amending Notice Mailing Provisions of the Bozeman Municipal Code
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6. Required appeal filing fee; and
7. The specific grounds and allegations for the appeal, and evidence necessary to support
and justify a decision other than as determined by the administrative review authority.
Section 3
That Section 38.220.150 of the Bozeman Municipal Code be amended as follows:
38.220.150. - Administrative interpretation appeals.
A. All appeals of administrative interpretations must include:
1. Name and address of the applicant;
2. The legal description and street address, and project number of the property, if any,
involved in the appeal;
3. A description of the property, if any, that is the subject of the interpretation appeal including:
a. A site plan drawn to scale showing the property dimensions, grading, landscaping and location of utilities, as applicable;
b. Location of all existing and proposed buildings; and
c. Drive accesses, drive aisles, access roads, parking spaces, off-street loading areas and sidewalks as applicable;
4. The names and addresses of the owners of the property and any other persons having a legal interest therein;
5. Names and addresses of property owners and envelopes as required by section
38.220.420.D. Noticing materials required by 38.220.420;
6. Required filing fee; and
7. Evidence to prove that the decision or action of the official for which an appeal is made was incorrect or in violation of the terms of this chapter.
Section 4
That Section 38.220.160 of the Bozeman Municipal Code be amended as follows:
38.220.160. - Submittal materials for variances.
A. An application for a variance must be accompanied by a development plan showing such
information as the community development director may reasonably require for purposes of this chapter. The plans must contain sufficient information for the commission to make a
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Ordinance 2048, Amending Notice Mailing Provisions of the Bozeman Municipal Code
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proper decision on the matter. The request must state the exceptional physical conditions and
the peculiar and practical difficulties claimed as a basis for a variance. In all cases, the
application must include, and will not be deemed filed until all of the following is submitted:
1. Name and address of the applicant;
2. The legal description of the property involved in the request for variance, including the street address, if any, of the property;
3. The names and addresses of the owners of the property and any other persons having a
legal interest therein;
4. Names and addresses of property owners and envelopes as required by section 38.220.420.D; Noticing materials required by 38.220.420;
5. A site plan drawn to scale showing the property dimensions, grading, landscaping and
location of utilities, as applicable;
6. Location of all existing and proposed buildings;
7. Drive accesses, drive aisles, access roads, parking spaces, off-street loading areas and sidewalks as applicable;
8. A clear description of the variance requested and the reasons for the request;
9. Written justification supporting the criteria of section 38.250.070.C.1, 2, 3 and, when
applicable, 4;
10. Evidence satisfactory to the review authority of the ability and intention of the applicant to proceed with actual construction work in accordance with said plans within six months after issuance of permit; and
11. Required filing fee.
Section 5
That Paragraph 38.220.420.D of the Bozeman Municipal Code be amended as follows with
the rest of the section to remain as is:
…
D. For site and subdivision developments, the applicant must provide for the purposes of noticing a list of names and addresses of property owners' within 200 feet of the site, using the most current known property owners' of record as shown in the records of the county clerk and recorder's office and stamped, unsealed envelopes (with no return address) addressed with
names of above property owners', and/or labels with the names of the above property owners', as specified on the appropriate application.
1. For all developments in Table 38.220.040 which require mailed notice, the applicant must provide a list of names and addresses of all property owners, including names and
addresses of owners of individual condominiums, wholly or partially within 200 feet of
the site. The list must be drawn from the most current known property owners of record
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Ordinance 2048, Amending Notice Mailing Provisions of the Bozeman Municipal Code
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as shown in the records of the county clerk and recorder’s office. Where certified mail is
required separate mailing labels may also be required.
2. The community development director will establish procedures for mailing notice.
3. When the applicant is responsible for mailing notice the City will provide the notice to the applicant for duplication not less than four days prior to the notice period. The notice must be distributed such that notices are submitted to the United States Postal Service at
least two days before the beginning of the notice period. The return address on the
envelopes must be the mailing address established by the community development director.
…
Section 6
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 7
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 8
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.
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Ordinance 2048, Amending Notice Mailing Provisions of the Bozeman Municipal Code
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Section 9
Codification.
This Ordinance shall be codified as indicated in Section 1.
Section 10
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 ________ day of ______________, 2020.
____________________________________ CHRIS MEHL Mayor
ATTEST:
____________________________________
MIKE MAAS City Clerk
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Page 7 of 7
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
____________________, 2020. The effective date of this ordinance is ______________, 2020.
_________________________________
CHRIS MEHL Mayor
ATTEST:
_______________________________ MIKE MAAS City Clerk
APPROVED AS TO FORM:
_________________________________ GREG SULLIVAN City Attorney
197
A1
DEVELOPMENT REVIEW APPLICATION
PROJECT IMAGE
PROJECT INFORMATION
Project name:
Project type(s):
Description:
Street address:
Zip code:
Zoning:
Gross lot area:
Block frontage:
Number of buildings:
Type and Number of dwellings:
Non-residential building size(s):
(in stories)
Non-residential building height(s):
Number of parking spaces:
Afordable housing (Y/N):
Cash in lieu of parkland (Y/N):
VICINITY MAP
CITY USE ONLY
Submittal date:
Application fle number:
Planner:
DRC required (Y/N): Revision Date:
Development Review Application A1 Page 1 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 198
DEVELOPMENT REVIEW APPLICATION
1. PROPERTY OWNER
Name:
Full address (with zip code):
Phone:
Email:
2. APPLICANT
Name:
Full address (with zip code):
Phone:
Email:
3. REPRESENTATIVE
Name:
Full address (with zip code):
Phone:
Email:
4. SPECIAL DISTRICTS
Overlay District: Neighborhood Conservation None
Urban
Renewal District: Downtown North 7th Avenue Northeast North Park None
5. CERTIFICATIONS AND SIGNATURES
This application must be signed by both the applicant(s) and the property owner(s) (if diferent) for all application types before the
submittal will be accepted. The only exception to this is an informal review application that may be signed by the applicant(s) only.
As indicated by the signature(s) below, the applicant(s) and property owner(s) submit this application for review under the terms
and provisions of the Bozeman Municipal Code. It is further indicated that any work undertaken to complete a development
approved by the City of Bozeman shall be in conformance with the requirements of the Bozeman Municipal Code and any special
conditions established by the approval authority. I acknowledge that the City has an Impact Fee Program and impact fees may
be assessed for my project. Further, I agree to grant City personnel and other review agency representative’s access to the subject
site during the course of the review process (Section 38.34.050, BMC). I (We) hereby certify that the above information is true
and correct to the best of my (our) knowledge.
Certifcation of Completion and Compliance – I understand that conditions of approval may be applied to the application and that
I will comply with any conditions of approval or make necessary corrections to the application materials in order to comply with
municipal code provisions.
Statement of Intent to Construct According to the Final Plan – I acknowledge that construction not in compliance with the approved
fnal plan may result in delays of occupancy or costs to correct noncompliance.
continued on next page
Development Review Application A1 Page 2 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 199
DEVELOPMENT REVIEW APPLICATION
Applicant Signature:
Printed Name:
Owner Signature:
Printed Name:
Owner Signature:
Printed Name:
If signing as a corporation or LLC, please provide the title and position of the individual signing on behalf of the corporation/LLC.
Attach separate sheets for additional owner signatures.
6. APPLICATION TYPES
Check all that apply, use noted forms.
1. Pre-application Consultation
2. Master Site Plan
3. Site Plan
4. Subdivision pre-application
5. Subdivision preliminary plan
6. Subdivision fnal plan
7. Subdivision exemption
8. Condominium Review
9. PUD concept plan
10. PUD preliminary plan
11. PUD fnal plan
12. Annexation and Initial Zoning
13. Administrative Interpretation Appeal
14. Administrative Project Decision Appeal
. Commercial Non-residential COA
16. Historic Neighborhood
Conservation Overlay COA
17. Informal Review
18. Zoning Deviation/Departure
. Zoning or Subdivision Variance
. Conditional Use Permit
21. Special Temporary Use Permit
22. Special Use Permit
23. Regulated Activities in Wetlands
24. Zone Map Amendment (non-Annexation)
25. UDC Text Amendment
26. Growth Policy Amendment
27. Modifcation/Plan Amendment
. Extension of Approved Plan
. Reasonable Accommodation
30. Comprehensive Sign Plan
31. Other:
CONTACT US
FORM FORM
None INF
MSP None
SP 19 Z/SVAR
PA 20 CUP
PP STUP
FP SUP
SE WR
CR ZMA
PUDC ZTA
PUDP GPA
PUDFP MOD
ANNX 28 EXT
AIA 29 RA
APA CSP
15 CCOA
NCOA
Alfred M. Stif Professional Building
20 East Olive Street 59715 (FED EX and UPS Only)
PO Box 1230
Bozeman, MT 59771
phone 406.582.2260
fax 406.582.2263
planning@bozeman.net
www.bozeman.net
Development Review Application A1 Page 3 of 3 Revision Date: 5.16.18
REQUIRED FORMS: Varies by project type, PLS 200