Loading...
HomeMy WebLinkAbout09- Bozeman Community Plan, revised pages, 6-09Cl~apler `l: Principles and Planning Guiding Principles CHAPTER 2 Introduction The City prepares plans and development standards to protect the health, life, safety, and welfare of the people who live, work, and play in the community. At the same ti>ne the City recognizes that it cannot contrnl all of the factors that drive change, including matters of state, federal, and county jurisdiction, and factors such as the nations! and regional economy. In 2001 the City of Bozeman 2.l Guiding Principles received the All-American City award from the National Civic Our motto is "Bozeman: The Most Livable Place." Preparing a League. The Ail-America City community plan that strives to live up to this statement is a Award is America's oldest and considerable challenge. Not all preferences can be pursued because most prestigious community some are in conflict. The community must be prepared to make recognition award. Since 1949 the All-America COY Award has difficult choices and trade-offs to adopt an acceptable and encouraged and recognized workable plan. The community's vision for its future must be civic excellence, honoring balanced agauist political, legal, and financial realities. However, communities of all sizes (cities, the vision is worthy of every citizen's endeavor to make it reality. towns, counties, neighborhoods and regions) in The guiding principles of this Community Plan and the planning which citizens, government, process can best be described as follows: businesses and voluntary organizations work together to Strives to achieve a fair and proper balance among conflicting address critical local issues. interests, to protect the rights of citizens, and to affirm community values as they have been expressed by citizens and Bozeman throughout the planning process. Realizes interrelated goals for land use, housing, transportation, em~ironmental concerns, and economic development . ~~ Builds on desirable existing conditions while recognizuig and ' improving upon undesirable conditions. Engages citizens in planning and decision-making efforts at the neighborhood, citywide, and regional levels. ® ~lffinns Bozeman's commitment to responsible stewardship of 2001 the natural environment, excellence of environmental design, and conservation of the heritage of the built environment. • Includes sustainability considerations in community development decisions. Bozeman Community Plan Page 2-I Planning Area Chapter 2: Principles and Planning 1lssures that growth is accompanied by adequate infrastructure through such means as level of sen~ice and adequate facilities mechanisms, planning policies for public facilities, and a strategic approach to financing imrestments in capital facilities. Uses the influence and authorit}' of local government to realise this vision by coordinating many public efforts and developing partnerships with private sector efforts. 2.2 Planning Area The plantung area far the Bozeman Community Plan covers the Cit}' of Bozeman, as well as a half- to hvo-mile area around the City (see Figure 1 on Page 2-3). The City of Bozeman is approximately 1).S square notes in size (12,477 acres), and the planning area is GG.3 square miles (42,4G3 acres) in size (including the City of Bozeman). Over the past decade, a significant amount of land has been annexed to the City (see Figure 2 on Page 2-4). F3ecause population growth is expected to continue the annexation of land to the City can also be expected to continue. The planning area is based on the 20-~~ear sewer service boundary contained in the City's 2007 Wastewater Facilities Plari. This same planning area boundai•}~ was used for other City facility plans, vicluding the Parks, Recreation, Open Space and Trails Plan, the Water Facilities Plan, and the Stormwater Facilities Plan. To ensure that the City grows in a logical and orderl}r manner it is unportant that the Community Plan uiclude land use designations for areas that can reasonably be expected to annex to the Ciry during the next 20 years. These land use designations for areas outside the City of Bozeman are not binding until the land is annexed. 1're-designating the land use classifications for lands outside the Cit}r, prior to atmexation, also lends predictability to the land development process. Landowners and developers who are interested in annexing land to the City know ahead of time vc~hat their land use designation will bc, and the sorts of uses they can expect to make of their land. Pre-designation also provides landowners and developers with a sense of timing for development of their property. Land with a Residential designation is considered appropriate for annexation and development in the near-term with fewer infrastructure constraints. In contrast, land with a Present Rural designation has been determined to be more appropriate for development in the long-term, with larger and tnc}re expensive infrastructure improvements required to service it. Acres Annexed by the City of Bozeman by Year, 1996 through 2007 -._.~. 1996 11.497 acres 1997 958.956 acres 1998 90.044 acres 1999 104.064 acres 2000 632.092 acres 2001 794.06 acres 2002 222.746 acres 2003 186.582 acres 2004 484.467 acres 2005 444.5 acres 2006 716.8 acres 2007 468.262 acres _II .,~. L ~. ,. ,~ . ,,,,~. *. _. I~rnd annexed in 2007 (Story tbli/!) Page ?-2 Bozeman G-mmunity Plan Lind annexed in 2006 (Lo,}'alGar~len) giapter 15: Subdivision Review DeliniUans and Review Procedures 15.3.5 Wildlife and Wildlife Habitat Wildlife means atumals that arc neither human, domesticated, nor feral descendants of commonly domesticated animals; and wildlife habitat means the place or type of habitat where wildlife naturally thrives. The following presumptions apply during subdivision review. 1) Lands within tl~e designated urban area are typically utilized for purposes which reduce their value as wildlife habitat and development will have a minor impact. Watercourse corridors and wetlands arc an exception to dais presumption. The designated urban area is all lands except Present Rural shown on Figure 3-1 (see pocket). 2). The habitat needs of larger and/or predatory wildlife species such as deer, moose, bears, coyotes, or similar species will not be met within urban density development. Therefore, these types of animals are found to be undesirable within the City. 3) Smaller species, especially birds, are compatible witlun urban density development and should be preserved, including the encouragement of backyard habitats. 4) Wetlands, stream corridors, and similar high value habitats should be preserved as much as possible. These provide a variety of recreational, environmental sustainability, and safety values such as flood control as well as habitat. 15.3.6 Public Health and Safety Public Health and safety means a condition of optimal well-being, free from danger or injury, for a community at large, as well as for an individual or small group of persons. See also `Health' ui Appendix K, Glossary. The following presumptions apply during subdivision review. 1) Health is a comprehensive subject and threats to health include chronic as well as acute hazards. 2) Subdivision design should encourage physical activity and a healthy community. 3) The creation of hazards to public health and safety are not acceptable and appropriate mitigation must be provided. 4) Some level of risk is present in all locations and times despite efforts to prevent harm. Individual developments are not solely responsible for the correction of risks which are common to all. They should equitably participate in common solutions to common problems. However, the presence of common risks, such as inadequate public services, may prevent approval of a development until the hazard has beeai removed or corrected. Bozeman Community Plan Page ] 5.5 Interactions between hxmans and wildlife orated Gy subdirrisionr irr imfwrtaat r~ildlif haGitat often orate sitxatious which are harmful to wildlife. Public Ilearing Procedures Chapter 15: Salxti~rision Revie~r 4) The developer of a subdivision may not accept hazards to public health and safety on behalf of future residents or owners of a subdivision b}= declaring that necessan= infrastructure improvements or other actions are umiecessary. 15.4 Public Hearing Procedures 1'1n important part of the subdivision review process is the opportunity to offer comments on the proposal. Comments ma}= be given by any interested person. This opportunity is formall}~ provided by the public hearing process. Persons for, against, or merely seeking information about the proposal may speak to the appointed or elected officials who must re~riew the project. The required public hearing on a subdivision proposal may be held before either the Planting Board or the City Commssion. The individual body to hold the public hearing is set by orduiance. In the event that the Planning Board does not hold the public hearing they will hold a public meetuig to review the project. They give a recommendation to the City Commssion regarding the proposed subdi`rision's compliance with the Bozeman Corrununity Plan. Regardless of which body holds the hearing a similar procedure is required. Generally, the format for a subdivision public hearuig is as follows: 1) The public hearing will be advertised as required by state law and Title 18 of the City of Bozeman Municipal Code. 2) T7ie public hearing will be conducted at the time and place advertised. 3) Announcement of the project by the Mayor or the President of the Board. 4) Report of the Development Review Committee by the Department of Planning and Commuty}' Development, including an analysis of compliance with the Bozeman Community Plan, regulatory standards and a recommendation of approval, denial, or approval with conditions 5) Presentation by applicant and applicant's representative(s). G) Questions from the Commission or Planning Board to staff or applicant. 7) Tlie public hearing is opened with persons able to speak for, against, or to seek additional information from applicant or staff. A time limit may Ue established for each speaker. The public is encouraged to provide a factual basis for their support or opposition to a subdivision. Page 15-b Bozeman Community Plan Public Hearings provide a critical means fur iutererJerl pe~fons Jo paiticipnJe in the deczsion making process. Comments addressing the reoiew criteria and rompliance n~ith development .rJandmrls are most e~ective. Chapter 16: lmplementaiion [mplemenlalion ~clion Plan Health Command system, to facilitate response to health emer envies. b. Actively participate in common response programs such as PDP O fire mutual aid. Cha ter 14 onal Coordination and Coo eration 89) Establish strong working relationships between City officials IGC O and staff and representatives of other governmental or non- governmental service providers through regulazly scheduled meetin s or other means. S, 88 90) Cooperate with other jurisdictions and agencies to effectively IGC, Fund O address areas of mutual interest. S, 84, 88 a. Continue to support and participate in existing cooperative IGC O intergovernmental groups such as the Transportation Coordinating Committee, Gallatin City-County Board of Health, and the Gallatin Valle Roundtable. b. Establish inter-local agreements to address areas of common IGC 1,2 concerns and issues. c. Provide assistance to other communities by sharing materials, IGC O knowledge, and training opportunities with elected officials and communit volunteers. d. Partner with governmental and non-governmental groups IGC O such as law enforcement, schools, MSU, Board of Health, Bicycle Advisory Board, and the Pedestrian and Traffic Safety Committee, to establish an ongoing pedestrian and bicycle awareness and safet education ro am. e. Coordinate land use policies with Gallatin County so that IGC, Pol O properties within the planning area are annexed prior to develo meat where urban services can be rovided. f. Coordinate acquisition ofright-of--way so that streets can be IGC O logically connected and developed in accordance with the trans ortation tan. . Work with MDT to enhance entr wa s into the communit IGC, Fund 3 91) Support coordinated planning throughout the Gallatin Valley. IGC O 61, 62 a. Support establishment of a regional planning coordinating Pol, IGC 2 committee based on the model of the Transportation Coordinating Committee to address planning issues with re Tonal im acts. b. Continue cooperation and coordination with the Gallatin Pol, PDP, O County Planning Board to support policies and programs that IGC encourage development within municipalities and establish cleazl defined urban owth areas. c. Coo erate with School District Number 7 on the sitin and Pol, IGC O Page 1(rl7 Bozen-an Community Plan lmplemeulalion ~clion Plan I;liapler 1G: Implemenlalion redevelopment of neighborhood-based schools that will support and integrate with the land use pattern of the Bozeman Cammunit Plan. d. Work with the Montana Department of Transportation and IGC 2 Gallatin County to develop coordinated public right-of--way landscaping guidelines, including desired tree and grass species and maintenance. e. Coordinate with the Gallatin County Planning Department IGC 2 and Planning Board to identify agricultural lands within the area designated Present Rura] in this plan where long-term, sustained agricultural production should be supported. Identify potential strategies for supporting agriculture on these lands and rote atin them with future develo ment. Cha ter 15 Subdivision Review Cha ter i6 Im lementation Cha ter 17 Review. and Amendment 92) Establish a schedule for regular review of publicly and Pol 1 rivatel initiated amendments. 93) Only approve amendments which benefit the community as a Pol O whole, rather than a few individuals. Page 1(x18 Bozeman Community Plan Chapter 17: Review and ~mendmeui Who May Initiate Amendmer>ts 1. City Commission 2. Landowner of affected property 3. Interested members of the pubi'K 4. Planning. Hoard and City Staff may suggest amendments to the City Commission Amendment Criteria 1. The proposed amendment must cure a deficiency in the growth policy, or improve the growth policy, to better respond to the needs of the general community; 2. The;proposed amendment does not create inconsstendes within the growth policy, eiEher between the goals and the maps or between different goals and objectives. 3. Thee proposed amendment must be consistent with the overall intent of the growth policy; Review criteria t~ontinued on the next page. ~mendmenls 17.3 Review and Amendment Goals and Objectives Goal RA-1: Coordinate amendments to balance responsiveness and predictability, facilitate public involvement, and conserve resources. Rationale: Frequent amendment can create a problem with consistency; both withal the plan itself and within its implementation tools. When frequent changes are made, people can find it difficult to keep up with the modifications. ?~ seities of small changes may result in large cumulative change to the growth policy. Multiple changes create difficulties in keepuig maps and other resources up to date. It is also undesirable to place excessive limits on proposed amendments, which prevent responses to changing conditions. Objective RA.-1.1: Changes from Suburban Residential and Present Rural should occur with the regular five year review period re~risions rather than individual amendments unless an extremely compelluig case can be made for significant public benefit from the amendment. Other categories can be the subject of an amendment in connection ~vitli any Commission selected schedule. Implementation Policies: 1, 5, 81, 84, 92, 93 17.4 Amendments ~ need for changes may Ue identified during a review process. A consistent and clear process for amending the growth policy is important. The Boreman Community Plan vas formed on the basis of significant community outreach efforts and the input of many persons and groups. Alterations to the growth policy should also provide a significant opportunity for public participatiton and understanduig of the proposed changes. Amendments to the growth policy must meet the same statutory standards as the origuial adoption, including public input and review, public hearings, review by the Planning Board and approval by the City Commssion, and written Findings of Fact. 'Therefore, prior to the adoption of any amendment to the Plan, the public process must be provided. ?~ fundamental requirement for public participation is time for individuals to become aware of proposed amendments and to study the proposed changes. A minimum active public review period of three months is to be expected. This Plan has been prepared to balance a wide variety of interests. Changes to the Plan must continue the balance of needs and interests. This plan has been prepared to be uuernally consistent. Bozeman Commttaity Plan Page 17-3 ~mendmenls Internal consistency meets one of the fundamental purposes of community plamiing; coordinaaion behveen government programs and policies. All amendments must be carefully evaluated ro ensure that changes do not create conflicts between goals, maps, or implementation tools. If a proposed amendment would cause conflicts within the plan, additional amendments must be identified and reviewed so that any conflicts are resolved. Any changes being proposed to either the text or the maps contained in the Bozeman Community Plan must comply with all of the defined criteria shown in the sidebars. The burden of proof for the desirability of a proposed amendment and its compliance with the criteria lies with the applicant. Unless all criteria are successfully met by demonstrable facts, an amendment shall not be approved. Srate law requires review and consideration of the need for amendments through Section 7G-1-601(3) (E), MCA which reads: "(~ an implementation .rtrate~yL~ shat includer.• (i) a timetahle for implementing the growth policy; (ii) a lie? of cortdi/foi~.r that willlead to a rrz~isiorr of tbe~r»wth palicy; and (iii) a timetable for ~r~riewing ihegrowtb polity at leae7 once every ~ .}~earr acrd reni.dng the policy if necee:rary; " Page 17-I' Chapter I7: Re~~ew and Amendment Amendment Crifieria Continued 4. The proposed amendment will not adversely affect the community as a whole or significant. portion by: a. Significantly altering land use patterns and principles in a manner contrary to those established by this plan, b. Requiring unmitigated larger or more expensive improvements to streets,. water, sewer, or other public faalties or services,. thereby impacting development of other lands, c. Adversely impact existing,uses because. of unmitigated greater than anticipated: impacts on facilities and services, or d. Negatively .affect the livability of the area'or the health and safety of the residents. Bozeman Community Plan appendix C: Land Use Inventory, Fahire deeds and liaclcgroand ~nnexalion Table (:-10, Po ulation Su on for Commercial 1lodes Nei hborhood Corninercial Node Radius Conununi ~ Commercial Node Radius 0.5 mile 1 mile Nei hborhood Area ommuni Commercial Node Area 0.785425 s uare miles 3.]417 s uare nine Avers e uet Densi , Avers a net Densi 10,8 dwellings per net acre 10.8 dw s er net acre N Center Area Commercial Node area 714 arsons er N 727 Node Area Commercial Node Area C.5 ANNEXATION Betvicen.Jan ], 2002 -Dec 31, 2007 the City has annexed 2,523.36 acres (final actions taken to legally include n~ the Cit}''s limits) which, equals 3.94 square miles. The City area for the 2020 plan was 12.98 square miles. An increase of 30.3% in geographic area of the City boundaries occurred between 2002- 2007. An annexation rnap showing all actions through the end of 2007 is included in Chapter 2, Introduction. The past five years have seen an average growth rate of 5.02%. There has been an estimated population increase of 10,301 or 36.4%, over Apri12001. Population is increasing faster than City area. A city grows in area through the annexation process. This process, which is governed by state law, provides the mechanism for landowners to seek to have their land included within the Cit)=, and in limited circumstances, permits the Cit}' to bring land withui its jurisdiction. Parts 7-2-42 through 7-2-4$ ;~4ontana Code Annotated establish the legal framework for annexation. Although there are several annexation procedures, the City prefers to utilize Part 46, Annexation by Petition, in processa~g annexation requests. Other parts may be relied upon as considered most advantageous. Since annexation often precedes development of land and access to urban services strongly influences development densities, annexation can be a powerful tool to help support the Bozeman Growth Policy. The future land use map is a long range vision of the community, and does not predict when any individual parcel within the depicted urban area may become part of the Cite of Boretnan. Case by case evaluations will need to be made for each proposed annexation as to whether an individual parcel should be annexed at that time. As part of the Land use policy coordination efforts anticipated with this plan, especially any nitergoverrunental agreement, it is hoped agreement with Gallatin County may be reached that development proposed within the urban services area should proceed after annexation to Bozeman. As noted above, it is desired that all lands shown on the future land use map that are not categorized as Present Rural should be annexed prior to development. There are some smaller already developed county parcels which are surrounded by or adjacent to the City. Inclusion of these parcels within the City is an established City policy. The City is investigating means to facilitate these annexations. Page Gl l Qozeman Commneily Plan hcighborhood Plans Appendix C: Laud Use InFeniory, Future Deeds and Bachgronnd ,'~nncxation allows access to municipal sernices which support urban density development. Urban residential development is typically much more space efficient than rural development. Between 199G and 2007, 7,271 homes were built in Bozeman. ~lssutning an urban density of six dwellings per net acre these homes would consume 3.78 square miles of land. The same number of home at aural levels of one dwelling per five net acres would consume 62.48 square miles. Therefore, constructing the home in Bozeman presen~ed 58.69 square miles from development with associated infrastructure costs. Boxeman's actual residential density ui that time from was greater than six dwellings per net acre. Tigure G3 Impact on Rw•al Land fonservation by [rban Development in Bozeman 1990.2007 To further the purposes of community planning, state law authorizes the preparation of "neighborhood plans." These plans are prepared for a portion of the entire commuiuty area and must be iu conformance with the overall growth policy of the City. These smaller plans allow the investigation of more derailed issues which would be burdensome to examine in a community wide planning process. Because of the difference in scale between a Cityuride growth policy and the "neighborhood plans," the smaller-scale plans will rely on the basic background information prepared for the overall growth policy such as population projections and the discussion of development trends. Therefore, it is expected that Page C•l2 Bozeman Community Plan C.6 NEIGRBORHOOD PLANS :lppendiz C: land Use ln~•enlor~•, Fulure'leeds and Background Zoping Correlation ~r'ilh Land Cse falegories Bozeman Commpnity Plan Page C-li *Tbe Berir/enlia/Emp/~Q.~•rr hfi.~ed•Uae tiouing dirbit/ bac not.~•e1 teen ~rratea I1 i~ pre~umea at Tit Ii~ne. **Park.r a~z deputed ort Figrn e 3 in a/n~ort a/! ~ouiug drrlrict.~: Open ,~paier, Jor a vcnrel~• of pniporer air grated Hnder a// ronirrq di.~tricir. hJdreutron in thin table doer not create au a//omance Jor xaer otlur t/pan parks and open +pacea that are not ah~ady ine/aded m /!~e Toning dirhirl. Plaee Holder Page Only