HomeMy WebLinkAboutResolution No. 4112, intent to develop a growth policy
Report compiled on July 14, 2008
Commission Memorandum
REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Commission Resolution 4112
MEETING DATE: Monday, July 21, 2008
RECOMMENDATION: Approve Commission Resolution 4112 declaring the City
Commission’s intent to develop a growth policy including the specific elements in 76-1-601-
(4)(c), MCA.
BACKGROUND: The City of Bozeman has had an adopted growth policy since 1958. The
Legislature has established requirements for what must be included in a growth policy. These
requirements are contained in Section 76-1-601, MCA. In the last legislative session, the section
was revised to include certain optional items to encourage inter-jurisdictional cooperation. As an
incentive to local governments to use these optional items a fee chargable to both zoning and
subdivision reviews was authorized.
In order to collect the authorized fee a local government must have adopted a resolution stating
its intention to develop a growth policy which includes the specified elements as shown below.
Bozeman, through its facility planning and land use planning, completes the majority of the
required work. The remainder can be prepared within the scope of the existing growth policy
update now underway.
This effort is consistent with the City’s practice of joint efforts at addressing public issues. This
level of planning does not require an interlocal agreement before being done. The Planning
Board at their July 15th meeting encouraged the City to undertake this effort.
UNRESOLVED ISSUES: None.
FISCAL EFFECTS: The revised fees will provide funding to support the long range planning
functions for the Department of Planning and Community Development. Coordinated planning
with Gallatin County may reduce long term costs for infrastructure development and
maintenance by minimizing conflict between development within and adjacent to the City.
ALTERNATIVES: As suggested by the City Commission.
CONTACT: Please feel free to email Chris Saunders at csaunders@bozeman.net if you have
questions prior to the public hearing on July 21st.
Respectfully submitted,
Andrew Epple, Planning Director
Chris Kukulski, City Manager
Report compiled on July 14, 2008
Commission Memorandum
Attachments: Text of 76-1-601, MCA with section 4c highlighted
Commission Resolution 4115
76-1-601. Growth policy -- contents. (1) A growth policy may cover all or part of the
jurisdictional area.
(2) The extent to which a growth policy addresses the elements listed in subsection (3) is at
the full discretion of the governing body.
(3) A growth policy must include:
(a) community goals and objectives;
(b) maps and text describing an inventory of the existing characteristics and features of the
jurisdictional area, including:
(i) land uses;
(ii) population;
(iii) housing needs;
(iv) economic conditions;
(v) local services;
(vi) public facilities;
(vii) natural resources; and
(viii) other characteristics and features proposed by the planning board and adopted by the
governing bodies;
(c) projected trends for the life of the growth policy for each of the following elements:
(i) land use;
(ii) population;
(iii) housing needs;
(iv) economic conditions;
(v) local services;
(vi) natural resources; and
(vii) other elements proposed by the planning board and adopted by the governing bodies;
(d) a description of policies, regulations, and other measures to be implemented in order to
achieve the goals and objectives established pursuant to subsection (3)(a);
(e) a strategy for development, maintenance, and replacement of public infrastructure,
including drinking water systems, wastewater treatment facilities, sewer systems, solid waste
facilities, fire protection facilities, roads, and bridges;
(f) an implementation strategy that includes:
(i) a timetable for implementing the growth policy;
(ii) a list of conditions that will lead to a revision of the growth policy; and
(iii) a timetable for reviewing the growth policy at least once every 5 years and revising the
policy if necessary;
(g) a statement of how the governing bodies will coordinate and cooperate with other
jurisdictions that explains:
(i) if a governing body is a city or town, how the governing body will coordinate and
cooperate with the county in which the city or town is located on matters related to the growth
policy;
(ii) if a governing body is a county, how the governing body will coordinate and cooperate
Report compiled on July 14, 2008
Commission Memorandum
with cities and towns located within the county's boundaries on matters related to the growth
policy;
(h) a statement explaining how the governing bodies will:
(i) define the criteria in 76-3-608(3)(a); and
(ii) evaluate and make decisions regarding proposed subdivisions with respect to the criteria
in 76-3-608(3)(a);
(i) a statement explaining how public hearings regarding proposed subdivisions will be
conducted; and
(j) an evaluation of the potential for fire and wildland fire in the jurisdictional area, including
whether or not there is a need to:
(i) delineate the wildland-urban interface; and
(ii) adopt regulations requiring:
(A) defensible space around structures;
(B) adequate ingress and egress to and from structures and developments to facilitate fire
suppression activities; and
(C) adequate water supply for fire protection.
(4) A growth policy may:
(a) include one or more neighborhood plans. A neighborhood plan must be consistent with the
growth policy.
(b) establish minimum criteria defining the jurisdictional area for a neighborhood plan;
(c) establish an infrastructure plan that, at a minimum, includes:
(i) projections, in maps and text, of the jurisdiction's growth in population and number of
residential, commercial, and industrial units over the next 20 years;
(ii) for a city, a determination regarding if and how much of the city's growth is likely to take
place outside of the city's existing jurisdictional area over the next 20 years and a plan of how the
city will coordinate infrastructure planning with the county or counties where growth is likely to
take place;
(iii) for a county, a plan of how the county will coordinate infrastructure planning with each
of the cities that project growth outside of city boundaries and into the county's jurisdictional
area over the next 20 years;
(iv) for cities, a land use map showing where projected growth will be guided and at what
densities within city boundaries;
(v) for cities and counties, a land use map that designates infrastructure planning areas
adjacent to cities showing where projected growth will be guided and at what densities;
(vi) using maps and text, a description of existing and future public facilities necessary to
efficiently serve projected development and densities within infrastructure planning areas,
including, whenever feasible, extending interconnected municipal street networks, sidewalks,
trail systems, public transit facilities, and other municipal public facilities throughout the
infrastructure planning area. For the purposes of this subsection (4)(c)(vi), public facilities
include but are not limited to drinking water treatment and distribution facilities, sewer systems,
wastewater treatment facilities, solid waste disposal facilities, parks and open space, schools,
public access areas, roads, highways, bridges, and facilities for fire protection, law enforcement,
and emergency services;
(vii) a description of proposed land use management techniques and incentives that will be
Report compiled on July 14, 2008
Commission Memorandum
adopted to promote development within cities and in an infrastructure planning area, including
land use management techniques and incentives that address issues of housing affordability;
(viii) a description of how and where projected development inside municipal boundaries for
cities and inside designated joint infrastructure planning areas for cities and counties could
adversely impact:
(A) threatened or endangered wildlife and critical wildlife habitat and corridors;
(B) water available to agricultural water users and facilities;
(C) the ability of public facilities, including schools, to safely and efficiently service current
residents and future growth;
(D) a local government's ability to provide adequate local services, including but not limited
to emergency, fire, and police protection;
(E) the safety of people and property due to threats to public health and safety, including but
not limited to wildfire, flooding, erosion, water pollution, hazardous wildlife interactions, and
traffic hazards;
(F) natural resources, including but not limited to forest lands, mineral resources, streams,
rivers, lakes, wetlands, and ground water; and
(G) agricultural lands and agricultural production; and
(ix) a description of measures, including land use management techniques and incentives, that
will be adopted to avoid, significantly reduce, or mitigate the adverse impacts identified under
subsection (4)(c)(viii).
(5) The planning board may propose and the governing bodies may adopt additional elements
of a growth policy in order to fulfill the purpose of this chapter.
COMMISSION RESOLUTION NO. 4112
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, STATING ITS INTENT TO DEVELOP A GROWTH POLICY
WHICH INCLUDES THOSE ELEMENTS IN 76-1-601(4)(C), MCA.
WHEREAS, the City of Bozeman utilizes its statutory and charter authority to develop a growth
policy to address community vision for the future and corresponding physical development; and
WHEREAS, the Legislature has recently expanded the options within the content of a growth
policy to include specific means to coordinate between municipalities and counties; and
WHEREAS, the City of Bozeman is part of the larger community of Gallatin County and there
are many issues which span multiple jurisdictions; and
WHEREAS, the City Commission has indicated its desire to coordinate with Gallatin County in
the interests of efficiency and effectiveness in public service; and
WHEREAS, Sections 76-1-410, MCA allows a local government to collect a fee through
subdivision or zoning review to fund development of a growth policy which includes certain inter-
jurisdictional coordination; and
WHEREAS, the City Commission wishes to develop a quality growth policy and recognizes the
need to for resources to do so;
NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Bozeman,
Montana, that it is the intent of the City Commission that the City’s growth policy be developed to
contain in addition to the mandatory elements, those elements of 76-1-601(4)(c), MCA .
PASSED AND ADOPTED by the City Commission of the City of Bozeman, Montana, at a
regular session thereof held on the 21st day of July 2008.
__________________________________________
Kaaren Jacobson, Mayor
ATTEST:
_____________________________________
Stacy Ulmen
City Clerk
APPROVED AS TO FORM:
___________________________________
Paul Luwe
City Attorney