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HomeMy WebLinkAbout003 - Zone Text Amendment ZTA BOZEMAN MT Community Development ZTA ZONE TEXT AMENDMENT CHECKLIST ZONE TEXT AMENDMENT APPLICATION PROCEDURE A Zone Text Amendment (ZTA), also called a Unified Development Ordinance (UDO) Text Amendment, requests a change in the regulations governing the division, use, placement, spacing or size of land and buildings. This handout provides details for the application requirements required to rezone a property. DIGITAL SUBMITTALS & NAMING PROTOCOL 1. Create and submit a Planning application using the ProjectDox portal; a. After completing your Development Review Application, you will receive a Notification Letter (example) via email. Please download this document and obtain owner’s signature. Upload as a PDF to the “Documents” folder in ProjectDox. 2. The digital copies must be separated into two categories: Documents and Drawings. a. The Documents folder should include items such as application forms, narrative, response to City comments, supplemental documents, technical reports, easements, legal documents, etc. b. The Drawings folder should include items such as site plans, civil plans, landscape plans, photometric plans, elevations, etc. All drawing files must be drawn and formatted for a 24” x 36” sheet file or 11” x 17” sheet file. Plan pages shall be properly oriented in landscape mode. Refer to our Quick Guide for additional information; 3. Naming protocol. All files should be numbered and named according to their order listed on your provided Submittal Checklist. File names should start with a numeric value followed by the document name. The numeric value at the beginning of the file name ensures the order in which they are displayed. Refer to our Quick Guide for additional information; ZTA APPLICATION CHECKLIST 1. Project narrative including a detailed response to the following: a. Is the new zoning designed in accordance with the growth policy? How? b. Will the new zoning secure safety from fire and other dangers? How? c. Will the new zoning promote public health, public safety, and general welfare? How? d. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements? How? e. Will the new zoning provide reasonable provision of adequate light and air? How? f. Will the new zoinng have an effect on motorize and non-motorized transportation systems? How? g. Does the new zoning promote compatible urban growth? How? h. Does the new zoning promote the character of the district? How? i. Does the new zoning address the affected area’s peculiar suitability for particular uses? How? j. Was the new zoning adopted with a view to conserving the values of buildings? How? k. Does the new zoning encourage the most appropriate use of land throughout the jurisdictional area? 2. If the text change is proposed to Chapter 38, BMC subdivision regulations, an addendum to the project narrative including a detailed response to the following: a. Will the amendment provide for the orderly development of the jurisdictional area? How? b. Will the amendment provide for the coordination of roads within subdivided land with other roads, both existing and planned? How? c. Will the amendment provide for the dedication of land for roadways and for public utility easements? How? d. Will the amendment provide for the improvement of roads? How? Zone Text Amendment Checklist Page 1 of 2 Revision Date: November 2021 ZTA APPLICATION CHECKLIST e. Will the amendment provide for adequate open spaces for travel, light, air and recreation? How? f. Will the amendment provide for adequate transportation, water and drainage? How? g. Will the amendment provide for the regulation of sanitary facilities? How? h. Will the amendment provide for the avoidance or minimization of congestion? How? i. Will the amendment provide for the avoidance of subdivision which would involve unnecessary environmental degradation and the avoidance of danger of injury to health, safety or welfare by reason of natural hazard or the lack of water, drainage, access, transportation, or other public services or would necessitate an excessive expenditure of public funds for the supply of such services? How? 3. Provide language to be removed from the Unified Development Code in strikeout format on the original pages if proposed, Provide new text and location to be inserted into the Unified Development Code. ZTA MINIMUM NARRATIVE STANDARD As an amendment is a legislative action, the Commission has broad latitude to determine a policy direction. The burden of proof that the application should be approved lies with the applicant. A zone text amendment must be in accordance with the growth policy (criteria A) and be designed to secure safety from fire and other dangers (criteria B), promote public health, public safety, and general welfare (criteria C), and facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements (criteria D). Therefore, to approve a zone map amendment the Commission must find Criteria A-D are met. In addition, the Commission must also consider criteria E-K, and may find the zone map amendment to be positive, neutral, or negative with regards to these criteria. To approve the zone map amendment, the Commission must find the positive outcomes of the amendment outweigh negative outcomes for criteria E-K. In determining whether the criteria are met, the City considers the entire body of regulations for land development. Standards which prevent or mitigated negative impacts are incorporated throughout the entire municipal code but are principally in Chapter 38, Unified Development Code. The information, or argument, is necessary to make a decision. Statements supporting the application must identify goals and objectives of the Growth Policy advanced by the proposed change. Conclusory statements are not arguments for a proposed change. Your argument is critical to the success or failure of your application. Please refer to example findings to help inform your analysis. REQUIRED FORMS APPLICATION FEE For most current application fee, see Schedule of Community Development fees. Fees are typically adjusted in January. CONTACT US Alfred M. Stiff Professional Building phone 406-582-2260 20 East Olive Street fax 406-582-2263 PO Box 1230 planning@bozeman.net Bozeman, MT 59715 www.bozeman.net/planning Zone Text Amendment Checklist Page 2 of 2 Revision Date: November 2021