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HomeMy WebLinkAbout003 May_12__2026_Combined_Engagement_Plan Page 1 of 7 COMMUNITY ENGAGEMENT PLAN Community Engagement is an inclusive and ongoing process that relies on the two-way exchange of information, ideas, and expertise between the public and the City of Bozeman to solve problems and make sustainable decisions. Project Overview This engagement plan covers three City initiated code amendments in 2026. Project Titles: 1) Wetlands and Watercourse Submittal Materials Technical Text Amendment. 2) Short Term Rental RA and Clarifications on Non-conforming Status and B3 Non-residential Parking 3) 2026 Housekeeping Code Amendments Project Leads: 1) Nicholas Ross, Director of Transportation and Engineering. Responsible for administration of the City’s wetlands and watercourse standards and review of impacts. Chris Saunders, Community Development Manager. Responsible for review and processing of the text amendment per state law and municipal code. 2) Erin George, Director of Community Development. Oversees short term rental program management. Chris Saunders, Community Development Manager. Responsible for review and processing of the text amendment per state law and municipal code. 3) Erin George, Director of Community Development. Oversees Community Development including administration of Chapter 38, Unified Development Code Chris Saunders, Community Development Manager. Responsible for review and processing of the text amendment per state law and municipal code. Project Overview: 1) The City adopted revised regulations for watercourses and wetlands in 2025. The City relies on the authority of the United States Army Corps of Engineers and Gallatin Conservation District to determine certain natural resource information to enable review of proposed land development that affects watercourse and wetlands. Both agencies have approached City staff following adoption and initial implementation of our code update to note recent changes in policy and practice that leave them unable to provide certain information at the initial submittal phase of a development project. This change needs to be reflected in the municipal code submittal requirements for land development applications. 2) During the merger of Ordinance 2149 into the updated Unified Development Code adopted under ordinance 2025-12 an unintended change occurred to allowance of short-term rentals in the RA district. This project will clarify application of regulations to existing short-term rentals. There was also an error in the parking requirements that take effect on October 1, 2026 where a table was not properly carried forward to address the unique requirements of the B3 zoning district. Both of these items are time sensitive and need to be corrected. (UDC Housekeeping 1) Page 2 of 7 3) The City regularly updates its regulations to keep current with changing laws, clarify text that is not sufficiently clear, correct incorrect references, and correct errors and omissions. (UDC Housekeeping 2) Community Engagement Purpose: Amendments to Chapter 38, Unified Development Code, are subject to the Montana Land Use Planning Act which requires adoption of a public engagement plan. This plan will outline the methods used to consult with the public on the proposed revisions and opportunities for participation prior to a final decision. Key Terms: 1) Wetlands: • Agricultural Water User Facility: Those facilities, which include but are not limited to ditches, pipes, and other water-conveying facilities, which provide water for irrigation and stock watering on agricultural lands, with said lands being defined in MCA 15-7-202. 38.800.020, BMC • Approved Jurisdictional Determination: An Approved Jurisdictional Determination (AJD) is an official, binding U.S. Army Corps of Engineers (USACE) document that precisely identifies the presence or absence of wetlands and "waters of the United States" (WOTUS) regulated under the Clean Water Act or Rivers and Harbors Act on a property. Valid for five years, an AJD provides certainty for project planning. An AJD process involves a detailed evaluation including a delineation of any existing wetlands using official methodologies. • Watercourse Determination: A decision made by the Gallatin Conservation District that a waterbody is subject to the Montana Natural Streambed and Land Preservation Act, 75-7- 101 et. seq., Montana Code Annotated. • Submittal Requirement: Section 38.710.020 and 38.710.120. Materials related to watercourses and wetlands that must be submitted as part of the review of a site development. • Watercourse: Any stream, river, creek, drainage, waterway, gully, ravine or wash in which some or all of the water is naturally occurring, such as runoff or springs, and which flows either continuously or intermittently and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow. In the event of a braided or other multiple channel configuration of a watercourse, the area of the watercourse is that area lying between the two outermost high-water marks, as defined in this chapter. The term "watercourse" does not mean any facility created exclusively for the conveyance of irrigation water or stormwater. The city may consult with other agencies with expertise in this matter when there is a question of whether a particular water body is a watercourse. • Wetland Regulations: Division 38.610, BMC • Watercourse Regulations: Division 38.620, BMC Page 3 of 7 • Wetland: Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, and meet the established criteria briefly described below: 1. Vegetation. A prevalence of hydrophytic vegetation. Hydrophytic species, due to morphological, physiological, and/or reproductive adaptation, have the ability to grow, effectively compete, reproduce, and/or persist in anaerobic soil conditions.; 2. Soils. A hydric soil is a soil that formed under conditions of saturation, flooding, or ponding long enough during the growing season to develop anaerobic conditions in the upper part.; and 3. Hydrology. The area is inundated either permanently or periodically, or the soil is saturated to the surface at some time during the growing season of the prevalent vegetation at a duration sufficient to induce anaerobic and reducing conditions. • Wetland Delineation: the process and output of a determination of a wetland boundary. The delineation process follows the standards set by the US Army Corps of Engineers Wetland Delineation Manual as outlined in 38.610.030 and 38.710.120, BMC. 2) Short term rental: A vacation home, tourist home as defined in MCA 50-51-102, a dwelling as defined in 38.800.050, accessory dwelling unit, or room within a vacation home or dwelling, which is rented to the general public for compensation for transient occupancy as provided for in 38.320.060.B. Project Leads: 1) Nicholas Ross, Director of Transportation and Engineering Chris Saunders, Community Development Manager 2&3) Erin George, Director of Community Development Chris Saunders, Community Development Manager Key Partners: Internal • City Commission (Decision maker) • City Manager Office • Community Development Dept • Legal Department Advisory Board • Community Development Board (all) • Sustainability Board (1) External • Public (all) • Gallatin Conservation District (1) • US Army Corps of Engineers. (1) Page 4 of 7 Define Decision Making Decision making is at the core of how we plan for community engagement. Clarity on what decision will be made, who will make them, and what information will be considered throughout the process is essential. Many decisions are made throughout a given City project. Our approach calls on project teams to consider which decisions are already made, and which decisions can be made more sustainable by engaging the community. Which decisions the public will contribute to specifically must be clarified at the outset of the engagement planning process. Next, the public must be equipped with the right information and tools to contribute to a given decision. The City Commission is the final decision-maker on these projects and will decide whether to adopt the updated language through a formal public hearing process that considers community input, legal review, and the recommendations of the project team and Advisory Boards. The Community Development Board is required by state law to make a recommendation regarding changes to zoning or subdivision regulations before the City Commission acts to approve or deny a change in regulations. The City Commission may decide differently than recommended by the Community Development Board. All regulations implementing zoning or subdivision standards must conform to the limitations of the Montana Land Use Planning Act. 1) Wetlands - This project implements in the municipal code decisions on agency practice made by other independent agencies. The scope of the City’s ability to influence those outside agency practices is very limited. The scope of the project is likewise limited to narrowly focus on these practices and related code provisions. 2) Housekeeping 1 - Short Term Rental and B-3 parking - This project implements City Commission direction on how short term rentals existing but not permitted uses in specific districts are subject to the municipal code. Most regulations for short term rentals are not proposed to change. Address a missing element in parking for the B-3 district after Oct 1, 2026. 3) Housekeeping 2 - This project updates municipal code in small ways for clarity. This project may include adjustments requested by City Commission following work session discussion. Page 5 of 7 Choose the Level of Community Engagement: Inform and Consult After there is clarity on the decision and how the public will participate in the decision-making process, the level of engagement is determined. The engagement spectrum outlines different levels of engagement and helps determine how the community will contribute to the process and what the expectations are for achieving a given level of engagement. Throughout any level of engagement, one- way communications will occur to provide the community with the resources and information they need to contribute effectively. Methods of Engagement: The Montana Land Use Planning Act requires municipalities to provide electronic means for the public to obtain information on a proposed code amendment and to submit comments on a proposal. The City provides these opportunities through its Community Development Viewer (information distribution), Laserfiche (information distribution and archiving of comments received), and comments via email at comments@bozeman.net. • Opportunities for written and oral comments are provided at public hearings before advisory boards and the City Commission. Notice of all public hearings is provided through newspaper publication of notices, printed agendas, and the City’s website. Evaluation of submitted comments will be provided through the project report provided prior to public hearings. Notices are provided per 38.730 BMC. • All amendments to the text of Chapter 38, Unified Development Code are subject to the review process in 38.770, Text and Zoning Map Amendments, as well as the Montana Land Use Planning Act. These two laws require actions that provide opportunity for public awareness and engagement, such as: Page 6 of 7 • City Commission initial approval of the initiation of the code amendment and the engagement plan. This may only occur at a public meeting by vote of the majority of the Commission and after publication of the agenda and opportunity for public comment. • Public hearings by both the Community Development Board (Planning Commission) and City Commission will provide opportunity for public comment in writing and orally. Public hearings must be noticed at least 15 business days before the hearing. • In addition to the formal methods listed above, the City may use other tools such as social media, the Engage Bozeman website, and email to engage with the community on these projects. 1) Wetlands - The topic of wetlands and watercourses is one in which the community has substantial interest. Therefore, the City intends to conduct a public open house on this code amendment in advance of public hearings to provide another means for the public to be aware of and offer suggestions on the amendment(s) which may be brought forward. Project Timeline 1) Wetlands - Timeline: Late spring 2026 • Project Phase: Initiation • Actions: Commission kickoff, engagement plan adoption • Tools and Techniques: agendas Timeline: Late spring 2026 • Project Phase: Public communication and drafting of amendment • Actions: Staff drafts proposed amendment and input received from public • Tools and Techniques: Sustainability Board, social media posts, emails to community partners, public input sessions Timeline: Summer 2026 • Project Phase: Review and Decision • Actions: Public hearings with Community Development Board and City Commission, City Commission provisional adoption of ordinance. • Tools and Techniques: Notice in newspaper at least 15 business days before hearing, draft code posted online for public review, project report written, social media post, email to community partners Timeline: Late summer 2026 • Project Phase: Adoption • Actions: City Commission final approval of implementing ordinance, distribution of approved text, codification to Chapter 38, implementation of new code • Tools and Techniques: Public meeting, published agenda, social media posts, email outreach 2) UDC Housekeeping 1 - Short Term Rentals & B3 Parking- Timeline: Spring 2026 • Project Phase: Initiation and drafting of amendment • Actions: Commission kickoff, engagement plan adoption • Tools and Techniques: agendas Page 7 of 7 Timeline: Summer 2026 • Project Phase: Review and Decision • Actions: Public hearings with Community Development Board and City Commission, City Commission provisional adoption of ordinance. • Tools and Techniques: Notice in newspaper at least 15 business days before hearing, draft code posted online for public review, project report written, social media post Timeline: Late summer 2026 • Project Phase: Adoption • Actions: City Commission final approval of implementing ordinance, distribution of approved text, codification to Chapter 38, implementation of new code • Tools and Techniques: Public meeting, published agenda, social media posts, email outreach 3) UDC Housekeeping 2 - Timeline: Early Fall 2026 • Project Phase: Initiation and drafting of amendments • Actions: Commission kickoff, engagement plan adoption • Tools and Techniques: agendas Timeline: Fall 2026 • Project Phase: Review and Decision • Actions: Public hearings with Community Development Board and City Commission, City Commission provisional adoption of ordinance. • Tools and Techniques: Notice in newspaper at least 15 business days before hearing, draft code posted online for public review, project report written, social media post Timeline: Early winter 2026 • Project Phase: Adoption • Actions: City Commission final approval of implementing ordinance, distribution of approved text, codification to Chapter 38, implementation of new code • Tools and Techniques: Public meeting, published agenda, social media posts, email outreach Engagement Wrap-up 1. How will you show what you heard from members of the public and how public input has influenced the outcome? a. All received public comment will be archived and made available to all reviewers and the public. The project report will summarize and as appropriate address comments received prior to the City Commission public hearing. 2. How will you go about evaluating the success of the engagement effort? a. Participation in public meetings and public comment