HomeMy WebLinkAbout21.12.20 Subdivision Review Process TrainingMemorandum
REPORT TO:Community Development Board
FROM:Chris Saunders, Community Development Manager
Martin Matsen, Community Development Director
SUBJECT:Subdivision Review Process Training
MEETING DATE:December 20, 2021
AGENDA ITEM TYPE:Citizen Advisory Board/Commission
RECOMMENDATION:Receive information, no motion or vote required.
STRATEGIC PLAN:4.1 Informed Conversation on Growth: Continue developing an in-depth
understanding of how Bozeman is growing and changing and proactively
address change in a balanced and coordinated manner.
BACKGROUND:One of the primary roles of the Community Development Board in its
capacity as the Planning Board is the review of subdivisions. The Staff will
provide training and an overview of the subdivision review process on
December 20th prior to the first review of a subdivision by the new board
members.
UNRESOLVED ISSUES:None
ALTERNATIVES:None
FISCAL EFFECTS:None
Attachments:
CD Training 12-20-2021 memo.pdf
Subdivisions Info sheet.pdf
Report compiled on: December 15, 2021
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MEMORANDUM
TO: COMMUNITY DEVELOPMENT BOARD
FROM: CHRIS SAUNDERS, COMMUNITY DEVELOPMENT MANAGER
DATE: DECEMBER 25, 2021
SUBJECT: SUBDIVISION REVIEW TRAINING One of the primary roles of the Community Development Board in its capacity as the Planning Board is the review of subdivisions. This review process provides an opportunity for evaluation of the proposed subdivision and its conformance with the growth policy, public awareness of the subdivision, and an opportunity to demonstrate that the proposed development meets standards. The Staff will provide training and an overview of the subdivision review process on December 20th prior to the first review of a subdivision by the new board members. This material is in support of that presentation and training. The State requires local governments to have regulations to review subdivisions. The regulations must be in alignment with enabling legislation – Montana Subdivision and Platting Act, 76-3-101 et. seq. MCA passed by the state. The review of subdivisions addresses specific criteria in Section 608: (a) … the specific, documentable, and clearly defined impact on agriculture, agricultural water user facilities, local services, the natural environment, wildlife, wildlife habitat, and public health and safety, excluding any consideration of whether the proposed subdivision will result in a loss of agricultural soils; (b) compliance with: (i) the survey requirements provided for in part 4 of this chapter; (ii) the local subdivision regulations provided for in part 5 of this chapter; and (iii) the local subdivision review procedure provided for in this part; (c) the provision of easements within and to the proposed subdivision for the location and installation of any planned utilities; and (d) the provision of legal and physical access to each parcel within the proposed subdivision and the required notation of that access on the applicable plat and any instrument of transfer concerning the parcel. Subdivisions must also comply with other applicable laws such as zoning, wetland protection, etc. Bozeman implements the review of these criteria primarily through Chapter 38 – Unified Development Code. This part of the municipal code contains the locally adopted standards to implement both zoning and subdivision authority and addresses all types of development. Bozeman
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has combined these functions with one set of regulations due to the many common elements and needs. Section 38.240.130 lays out the procedures to review a preliminary plat, the public review stage of the review process. An information sheet summarizing the process is attached with this memo to the agenda. The purpose of the Planning Board’s review is: “Planning board review. At a regularly noticed public hearing, the planning board must review all major subdivision applications, together with required supplementary plans and information, and determine whether the plat is in compliance with the city's growth policy.” Subdivision applications require a considerable amount of information to demonstrate compliance with the applicable regulations.
Growth Policy Bozeman Community Plan 2020 is the seventh long range city-wide land use plan for the community. It is a non-regulatory, high level, statement of information, goals, objectives, and community aspirations. The state requires that the growth policy discuss how the subdivision review process occurs. Chapter 5, pages 67-71, gives guidance on how the City reviews subdivisions and how we apply the primary review criteria in state law. The City primarily implements the growth policy through Chapter 38, Unified Development Code. Therefore, if the subdivision application complies with Chapter 38 it is expected that it will also comply with the growth policy.
Data Community Development Viewer The City has assembled a publicly available information set regarding development. This is often the easiest way to help you get oriented to what is happening around a subdivision application. You can turn on and off different layers to help you understand what is happening in the community. Information such as zoning, aerial photos, future land use map, water features, and other material is updated regularly. A visit to the proposed site of a subdivision is also appropriate. However, it is private property so please stay on public streets as you view the site.
Ex Parte Communication The public and applicant have the right to be aware of what factors are being considered during review of an application and to have decisions made by impartial parties. For this reason, Board members should not discuss individual subdivision applications with the applicant, other board members, or public outside of the advertised public meetings. If you have questions on an application that you don’t believe can properly wait until the public meeting please contact the staff member identified on the staff report. If someone wishes to discuss
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a pending application please politely remove yourself from the situation immediately explaining the concerns regarding ex parte communication. Notify staff of the communication. Notify other board members on the record at the beginning of the action item on the agenda.
Making Adequate Findings Board decisions must adequately explain what the board decided and upon what considerations it based its findings. Findings are the legal footprints of a review to explain how the reviewer progressed from facts through established policies to the final decision. Findings must be based on substantial evidence in light of the whole record of the review. Findings: 1. Provide a framework for making principled decisions 2. Help make analysis orderly and reduce likelihood of missing steps in the analysis 3. Enable all interested parties to determine whether and on what basis judicial review of a decision should be sought 4. Show to a reviewing court the basis for the agency’s action 5. Show to the public that review is careful, reasoned, and equitable The staff report address all of these five purposes. The Board does not have to reinvent all the staff findings. In the recommended motion provided with each staff report language will be included to adopt the staff findings. If the Board concludes the staff findings are correct no further findings are needed. If the Board finds differently than staff on an element of review the Board member should articulate the criteria, relevant facts, and how they reach a different conclusion. Such Board statements then become part of the record for the City Commission to consider in making their own decision. Depending on the degree of difference, the final motion by the Board may need to be revised to identify the differences in findings from the staff report. Section 76-3-620 MCA requires that the City prepare a written statement summarizing the review. This is the final step in the preliminary plat process. Any conditions of approval must be factually supported in that written statement.
Public Comment A decision on a subdivision is founded on specific criteria as noted on page 1. Public comment regarding a subdivision can be submitted by any member of the public in support, opposition, or otherwise. Regardless of the content of the comment, for it to be actionable in the review process it must connect back to the review criteria. This becomes an important part of the Findings process if as a result of comment some change to the subdivision will be required. Comments not related to the criteria are still accepted as part of the review but are not actionable to impose a condition or justify a denial or approval.
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City of Bozeman Department of Community Development
20 East Olive, Bozeman, MT 59715 \\ www.bozeman.net/planning \\ 406-582-2260 Subdivisions and Subdivision Exemptions \\ 1
Updated 11/15
This brochure is provided as a guide to assist you in the
preparation of your application for subdivision and to
explain the application process.
WHAT IS SUBDIVISION?Subdivision is the division of land that creates one or more
parcels containing less than 160 acres that cannot be described as a one-quarter aliquot part of a United States
government section, exclusive of public roadways. Land is subdivided so that the title to or possession of the parcels
may be sold or otherwise conveyed. The term subdivision includes re-subdivision, as well as some condominium
projects, or land used to provide multiple spaces for recreational camping vehicles or manufactured homes.
WHAT IS THE DIFFERENCE BETWEEN A MINOR AND
MAJOR SUBDIVISION?The number of lots defines the difference between a minor
and major subdivision. A minor subdivision creates five or fewer lots whereas a major subdivision creates six or
more lots.
APPLICATION SUBMITTALVisit the City of Bozeman Department of Community
Development to determine if what you are proposing will require either a minor or a major subdivision. A staff member
will review your proposal and answer any of your questions. If subdivision is required, you will be given the appropriate
forms, advised of the materials and application fee(s) that are needed and informed of the time period when the application
will be processed.
A formal submittal for subdivision approval will, among other things, require the preparation of a plat, which is a graphical
representation of a subdivision showing the division of land into lots, parcels, blocks, streets, alleys and other divisions
and dedications as required or necessary. Plats must be prepared by a licensed surveyor, therefore, you should
contact a surveyor or professional design office to assist you with your submittal requirements.
The State requires that you submit a pre-application to review
conceptual plans with City staff. This review can prove to be very helpful in the preparation of your preliminary plat and can
save you time and money.
WHAT IS THE SUBDIVISION REVIEW PROCESS?
Preliminary Plat
After the requirement for pre-application review has been
satisfied, the applicant may submit a preliminary plat. There are three major categories of subdivisions, including:
· First Minor Subdivisions Created From a Tract
of Record - The public hearing requirement for these subdivisions is waived. The City has 35 working days to approve, conditionally approve, or deny the subdivision once the application is deemed acceptable.
· Second or Subsequent Minor Subdivisions Created
From a Tract of Record - A public hearing is required
for these subdivisions. The City has 60 working days to approve, conditionally approve, or deny the subdivision.
· Major Subdivisions - A public hearing is required for these subdivisions. The City has 60 working days to
approve, conditionally approve, or deny the subdivision of 6-50 lots. For 51+ lots the City has 80 days.
Staff/Agency Review Subdivision proposals are reviewed by planning staff for
compliance with requirements of the Bozeman Unified Development Ordinance and Montana Subdivision and
Platting Act. Your application will also be routed to other city, county, state and federal agencies for their review.
Once the project has been reviewed for applicable codes
and regulations the project planner will prepare a staff report which incorporates the comments of each of the agencies
involved in the review process.
Planning Board Review The Planning Board reviews proposed major subdivisions at
a regularly scheduled meeting and determines whether the proposal is in compliance with applicable plans and Growth
Policy. The Planning Board then forwards a recommendation to the City Commission.
City Commission Review
The City Commission considers First Minor Subdivisions at a public meeting, and considers Second Minor and Major
Subdivisions at a public hearing. The City Commission bases their decision on application materials, applicable public
hearings, Planning Board advice and recommendation, and any other information that demonstrates that the preliminary
plat complies with applicable plans, policies and regulations.
Public Noticing Notices are sent in the mail to the applicant, each property
owner of record, each recorded purchaser under contract for deed and adjoining property owners. Notices are also posted
Subdivisions and Subdivision Exemptions
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City of Bozeman Department of Community Development
20 East Olive, Bozeman, MT 59715 \\ www.bozeman.net/planning \\ 406-582-2260 Subdivisions and Subdivision Exemptions \\ 2
Updated 11/15
on the subject site. In addition, public notices for Second Minor and Major Subdivisions are published in the newspaper.
The notices notify the public of the times, dates and locationsfor the Development Review Committee (DRC) meeting(s),
the Planning Board meeting, and the City Commission meeting or hearing (which ever is applicable). The public
meetings provide citizens with the opportunity to listen to discussions regarding the proposal. The public hearing
provides the public with the opportunity to formally comment on proposed subdivisions. Comments may be verbal or in
writing.
Findings of Fact and Order The City Commission must issue written findings of fact and
order that discuss and weigh the following criteria:· The effect on Primary Review Criteria, which includes:
agriculture, agricultural water user facilities, local services, the natural environment, wildlife and wildlife habitat, and
public health and safety (not applicable to First Minor Subdivisions);
· Compliance with the survey requirements of the Montana Subdivision and Platting Act;
· Compliance with the City’s subdivision regulations and
the review process of these regulations;
· The provision of easements for the location and
installation of any necessary utilities; and
· The provision of legal and physical access to each parcel within the subdivision and the notation of that access
on the applicable plat and any instrument transferring the parcel.
Preliminary Plat Approval Period
Preliminary plat approval period is in force for less than one calendar year or not more than three calendar years,
depending on the subdivision. At the end of this period the City may, at the written request of the applicant, extend its
approval. A complete final plat application must be submitted before the preliminary plat approval period expires.
Final Plat Submittal
After the conditions of preliminary approval and any requirements for the installation of improvements have
been satisfied, the applicant may submit a final plat. The City Commission shall examine every final plat at a regular
meeting, and within 45 days of the date of complete submission to the Department of Community Development
shall approve it if it conforms to the conditions of preliminary approval and the terms of the City’s subdivision regulations.
If you wish to file a final plat prior to the installation of all required improvements, you must enter into an improvements
agreement with the City and post a financial guarantee to ensure project completion.
What Are Subdivision Exemptions?
State statute identifies a set of divisions of land that are entirely exempt from subdivision review and surveying
requirements. This includes divisions such as the creation of cemetery lots, the division of land for agricultural purposes,
Subdivision Application Process
Timelines are approximate and subject to scheduling constraints.
STEP 1 - APPLICATION SUBMITTAL· Visit City of Bozeman Department of Community Development to review proposal
STEP 2 - PRE-APPLICATION· Submit pre-appication and/or participate in pre-application meeting
STEP 3 - PRELIMINARY PLAT· Submit preliminary plat
STEP 4 - STAFF/AGENCY REVIEW· Planning staff review of application
· Routing of application to appropriate boards for review
· Staff report prepared
STEP 5 - PLANNING BOARD REVIEW (IF REQUIRED)· Review of proposal
· Recommendations for City Commission
STEP 6 - CITY COMMISSION DECISION· First Minor Subdivision - review at public meeting
· Second and Major Subdivisions - review at public hearing
STEP 7 - PRELIMINARY PLAT APPROVAL PERIOD
STEP 8 - FINAL PLAT SUBMITTAL
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City of Bozeman Department of Community Development
20 East Olive, Bozeman, MT 59715 \\ www.bozeman.net/planning \\ 406-582-2260 Subdivisions and Subdivision Exemptions \\ 3
Updated 11/15
certain condominium developments, etc. There is another set of land divisions that are exempt from subdivision review, but
are subject to survey requirements. The local government must certify that the use of these exemptions is proper, and
that the exemption is not being used to evade the Bozeman Unified Development Ordinance and/or the Montana
Subdivision and Platting Act. These exemptions include:· Divisions made outside of platted subdivisions for the
purpose of relocating common boundary lines between adjoining properties.
· Divisions made outside of platted subdivisions for the purpose of a single gift or sale in each county to each
member of the landowner’s immediate family.
· Divisions made outside of platted subdivisions by gift, sale or agreement to buy and sell where the land will be
used exclusively for agriculture.
· Relocation of common boundaries and the aggregation
of lots within a platted subdivision.
· Divisions made for the purpose of relocating a common boundary line between a single lot within a platted
subdivision and adjoining land outside a platted subdivision.
An application must be submitted, and reviewed by Planning
and Engineering staff. The Planning Director will approve or deny the exemption within 30 working days of the submittal
of a complete application.
QUESTIONS? NEED MORE INFORMATION? CONTACT:City of Bozeman Department of Community Development
20 East Olive Street - P.O. Box 1230Bozeman, MT 59771-1230
Phone: 406-582-2260 / TDD: 406-582-2301Fax: 406-582-2263
www.bozeman.net/planning
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Subdivision is the process of dividing land into smaller parcels. Long term impacts on the
community with placement of streets, parks, development lots, etc.
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Subdivision review is the only state required land development process.
The State heavily scripts the review process through the Subdivision and Platting Act.
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Subdivision process has many different purposes identified in state law.
These criteria are implemented primarily through the City’s facility and land use plans and
our development standards and processes.
State established purposes address surveying, public safety, and public process among
others.
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Community Development Board acts in their capacity as Planning Board for this subdivision
review responsibility.
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Level of detail in information provided goes up during process. Begins very general. Some
steps may overlap.
Items outlined in green are part of the subdivision process. The solid green box is where
the Community Development Board is involved.
Concept and site plan only apply to larger projects after subdivision.
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Three core process steps required in state law.
Community Development Board acting as the Planning Board engages at the Preliminary
Plat stage in the review. Public review is the tip of the iceberg of review process.
City Commission remains final decision maker for all types of subdivisions.
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Purpose of application materials which are established in Division 38.220 BMC is:
1. Show compliance with adopted standards and criteria
2. Provide factual basis for analysis prior to governing body decision
3. Transparency to public in decision making process
4. Protect future landowners
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Initial part of the required preliminary plat process not participated in by Community
Development Board.
This 1st stage to ensure that reviewers – staff, Board, public, and City Commission have the
necessary information to apply adopted standards and reach factually founded decisions.
Notice supports transparency and public participation in decision making.
Notice provided by Bozeman exceeds state minimums.
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Notice issued and meetings and hearings begin. Staff will provide both a Staff Report and a
presentation at the meeting at the beginning of each item. This slide is an example of part of the
staff presentation for a recent subdivision review.
The presentation is a summary to help the participating public and to orient the public discussion
on the proposed subdivision.
Staff will go over key background elements, identify unresolved issues, and try to answer any
known questions.
Staff WILL NOT advocate for a project and may redirect questions to the applicant where
appropriate. Board can ask questions after the presentation.
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What people think of with a subdivision proposal is usually neat and orderly lots and
streets layouts like shown here.
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Reality is much more complicated. The lot lines lay over the natural and constructed
environment. This is the same area as the prior slide but shows surface water, wetlands,
topography, and utility extensions in addition to the lot lines.
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Hearing and meeting are to review the application before us – not all possible applications.
Findings required – Staff report provides staff findings. See provided memo for more info
on findings.
Findings explain what was concluded and why. “We recommend XXX because …” Connects
the analysis of facts, regulations, and policies to criteria and ultimate decision.
Decisions must be based on fact and standards. “I don’t like it ” is not a basis for decision.
GP alone not a basis for decision, must connect to code standards and requirements or
other requirement.
Review is not required to find zero impacts on review criteria, adopted standards for
mitigation are applied if needed.
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Staff report will distinguish between code requirements and conditions of approval.
Code requirement is compliance with adopted standards not a special item unique to a
particular application.
Conditions are unique to an individual application and must have a basis in policy and law
not just community desire or opposition.
Growth policy (BCP 2020) pp. 67‐71 – Subdivision review process is described and how
state established criteria are applied during review, ex. Wildlife – little critters ok, no moose
in town – p 69.
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Subdivision variance criteria are similar but different than zoning variance criteria,
Community Development Board not usually involved in zoning variance.
List of criteria is conjunctive with “and” must find all are met to support.
Sub variance limited to: ”relief from standards relating to platting requirements or
improvements within public rights‐of‐way” 38.250.010.A.8 BMC
Other standards are zoning related and follow zoning variance criteria.
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Subdivision decisions have long term ramifications, can’t just look at today’s needs or
trends
Must apply the standards as are adopted today – state law requirement
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Findings of Fact must be formally adopted to complete the review. Summary of all that
happened.
Code Requirement vs Condition of Approval – different evidence in support of a required
change is needed. Conditions require higher standard of justification.
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Regardless of whether comments are presented at meeting or hearing all decisions must be
factually based on the adopted criteria of review and documented in Findings of Fact.
Bozeman adopted notice requirements continue to be greater than required in law.
Meetings for subdivision review can be consent items.
Public comments must be related to criteria to be actionable in conditions, approval, or
denial.
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Staff will summarize received public comment. As comments are received they are archived
to Laserfiche where they are available to everyone.
Review of subdivisions is quasi‐judicial. This limits the kind of contact Board members may
have outside of a review meeting. If people want to comment, direct them to submit in
writing or speak at the upcoming meeting. Important that review process is transparent
and equitable with all having the same information in the review.
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State has created 6 subdivision processes. Applicant chooses process they want to follow.
SB 161 (76‐3‐623) created new process with limited time review and only one hearing,
must be fully compliant (no variances, etc.)
76‐3‐616 been in state law since 2007, we are first community in state to use it. Requires
generally applicable regulations to address primary review criteria, Agricultural Water User
Facility amendments now completing that requirement. No public hearing at all but does
have public meetings with both Board and City Commission. Primary impact is on notice
timing and method, meeting vs hearing.
Consent agenda and action agenda – same materials provided for either portion of agenda.
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