HomeMy WebLinkAbout21.12.02 CD Resources Memo
MEMORANDUM
TO: COMMUNITY DEVELOPMENT BOARD
FROM: MARTIN MATSEN, COMMUNITY DEVELOPMENT DIRECTOR
DATE: DECEMBER 2, 2021
SUBJECT: BOARD INFORMATION RESOURCES Thank you for your service to the community. This memo provides hyperlinks and short summaries of important documents and laws applicable to the responsibilities of the Community Development (CD) Board. You will not use all of these with every item you consider, but these are resources with which you will want to be familiar. Growth Policy Bozeman Community Plan 2020 is the seventh long range city-wide land use plan for the community. It was adopted in November 2020. It is a non-regulatory, high level, statement of information, goals, objectives, and community aspirations. This document is the foundation for subdivision and zoning standards in the community. There are five chapters. The entire document is 148 pages including the appendices. The section beginning on page 8, titled “To grow or not to grow, if so how?” lays out the basic rationale for why and how Bozeman chooses to support growth. Chapter 5, pages 67-71, gives guidance on how the City reviews subdivisions and how we apply the primary review criteria in state law. Chapter 5, pages 71-79, gives guidance on how the City applies the state established criteria for zoning amendments. City of Bozeman Municipal Code Chapter 38 – Unified Development Code This contains the locally adopted standards to implement both zoning and subdivision authority and addresses all types of development. Bozeman has combined these functions with one set of regulations due to the many common elements and needs. There are seven articles which address the various subjects including, Article 4 Community Design and Article 7 Definitions. The City amends the regulations every year to address rapidly changing laws and needs of the community. Development must comply with these regulations to be approved.
Data Community Development Viewer The City has assembled a publicly available information set regarding development. This is often the fastest way to find out information about an area of town. 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.
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Plans and Reports The City prepares various plans and reports regarding land use and development. Several of these publications can be found on the Community Plans, Documents and Reports page of the Community Development website. These include reports on how land is used in the community, annual reports for the department, and plans for smaller areas of town like the Downtown area.
Application Review Whenever an application is sent for review by the Board a packet of material for the application will be attached with the agenda. The agenda is typically issued 2-3 business days before the meeting. This information includes the application itself and a staff report as well as any public comments received by the time of packet publication. A staff report including maps, project description, analysis of compliance with required criteria and standards, recommended motion language, conditions or contingencies if needed, and needed corrections to comply with code are provided. Application materials can be very extensive and Board members should allocate enough time before each meeting to review the material in each packet. State Laws Montana Constitution – Article 2 Declaration of Rights This Article sets basic background principles which all state and local government must follow. Enabling Legislation – Planning Board; Planning Board in relation to subdivisions and plats, 76-1-107 MCA The state authorizes planning boards and sets basic functions and responsibilities. This area of law describes what needs to be in a growth policy and how that growth policy is to be used. Enabling Legislation – Municipal Zoning; Zoning Commission, 76-2-307 MCA The state authorizes cities to zone. The City must follow the state established purposes and procedures for zoning. Much of the development approved in Bozeman is reviewed and approved under zoning authority. Enabling Legislation – Montana Subdivision and Platting Act, 76-3-101 et. seq. MCA The state requires all cities and counties to have subdivision regulations. The City must follow the law established by the state. Creation of new lots for development happens through this process. Enabling Legislation – Impact fees; Impact Fee Advisory Committee, 7-6-1604 MCA The state authorizes a local government to have impact fees. Impact fees have very specific restrictions for their use and are to create more infrastructure capacity to support development.