HomeMy WebLinkAbout08-18-20 City Commission Packet Materials - C16. Ord 2048 Final Adoption Notice Envelope Text Amendment App 200351
REPORT TO: Mayor and City Commission
FROM: Chris Saunders, Community Development Manager Martin Matsen, Director of Community Development SUBJECT: Final adoption of Ordinance 2048, the Notice Envelope Text Amendment,
revising the submittal requirements and process for distributing mailed public notices for certain development projects, Application 20035. MEETING DATE: August 18, 2020
AGENDA ITEM TYPE: Consent RECOMMENDATION: Final adoption of Ordinance 2048, the Notice Envelope Text Amendment, revising the submittal requirements and process for distributing mailed public notices for certain
development projects.
BACKGROUND: The City has established a twice yearly municipal code update cycle for Chapter 38, Unified Development Code, of the Bozeman Municipal Code. Amendments are considered by the City Commission in April and October. Due to the onset of the COVID-19 pandemic, the April 2020 public
hearings were delayed.
On August 3, 2020, the City Commission held a public hearing to consider the April 2020 text amendments. Six ordinances were presented for consideration. No public comment was received on Ordinance 2048. Staff report, ordinance, etc. are available here. The City Commission unanimously voted to provisionally adopt Ordinance 2048.
UNRESOLVED ISSUES: None determined at this time. ALTERNATIVES: 1) Final adoption of Ordinance 2048 as presented and recommended. 2) Determine that the prior decision was in error and do not adopt the ordinance.
FISCAL EFFECTS: None Attachments: Ordinance 2048
Report compiled on August 4, 2020
Commission Memorandum
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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. 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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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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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
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