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Park County Growth Policy

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Park County Growth Policy Photo © Matt Long Photography Drafted By: Park County Planning Board Technical Assistance: Park County Planning Office Kara Rickets Communication Growth Policy Citizen Task Force Park County Commission Table of Contents Chapter 1: Introduction Preface 1 1.1 Scope and Purpose 3 1.2 Current Planning Efforts 3 1.3 Private Property Rights 4 1.4 Vision Statement 5 Chapter 2: Public Process and the Growth Policy 2.1 History of Planning Efforts 6 2.2 Public Input 7 2.3 Task Force Regional Description 7 Chapter 3: Community Goals, Objectives, Implementation Measures 3.1 Public Input 19 3.2 Land Use (LU) 20 3.3 Natural Resources 23 3.4 County Services 25 3.5 Economic Development 28 3.6 Housing 30 3.7 Public Utilities 31 3.8 Transportation 32 Chapter 4: Livingston Neighborhood Plan 4.1 Livingston Neighborhood Plan 34 Housing 36 Economic Development 37 Parks and Recreation 38 Infrastructure and Public Services 39 Natural Recourses 41 Land Use 42 Chapter 5: Intergovernmental Coordination 5.1 Park County Jurisdiction 44 5.2 Intergovernmental Coordination 46 5.3 City/County Inter-Local Agreement 47 Chapter 6: Infrastructure Strategy 6.1 Drinking Water Systems, Storm Water Systems, Wastewater Treatment Facilities and Systems 49 6.2 Solid Waste Facilities 49 6.3 Fire Protection Facilities 50 6.4 Roads and Bridges 50 6.5 Other Infrastructure 50 6.6 Conclusion and Implementation 50 Chapter 7: Subdivision Review and the Growth Policy 7.1 Subdivision Background: State Law 52 7.2 Growth Policy/Subdivision Review Relationship 53 7.3 Evaluation 54 7.4 Public Hearings 56 Chapter 8: Amendment Process 8.1 Planning Board Review 58 8.2 Amending the Growth Policy 59 Chapter 9: Implementation Timetable Implementation Time Table 60 Subdivision Implementation Timetable 61 Subdivision Application Review 62 General Strategy Timetable 65 Livingston Neighborhood Plan Implementation Timetable 72 Infrastructure Strategy Implementation Timetable 78 Appendices A. Public Participation B. Task Force List C. Glossary of Terms D. Inventory of Existing Characteristics E. Park County History F. Growth Policy Requirements (MCA) G. Public Comment Summary Report H. Written Comment Summary Report Chapter 1. Introduction PREFACE “The development of Montana must be primarily the responsibility of Montanans…that they might undertake this responsibility of Montanans, they should learn their own state’s economic and cultural opportunities. To do so, they must first learn its economic and cultural history.” Joseph Kinsey Howard (1944). THE PROBLEM The needs, assumptions, methods and techniques that directed the creation of the following Growth Policy document for Park County, Montana were developed after a lawsuit, a community protest, and the rejection of a draft Growth Policy that was produced by the Cossitt planning consulting firm in 2004. In addition to the lawsuit and Settlement Agreement terms, citizen complaints about the first Cossitt draft Growth Policy document (December 16, 2004) centered around two issues; 1) the lack of opportunity for public participation in the creation of the Cossitt document; 2) the lack of emphasis on property rights. In attempting to correct these apparent deficiencies, the following assumptions ware made: ASSUMPTION / METHODS Because of the diverse economic, cultural and geographic composure of Park County, it was assumed that a more representative, public involvement process should be provided to reflect individual county area growth direction and needs. (See Appendix D: Historical Context and Existing Characteristics) Based on geography, economics, and social characteristics, Park County was divided into ten Task Force sub-areas to obtain input; Wilsall, Clyde Park, Clyde Park to Sheep Mountain, Sheep Mountain to Springdale, Livingston West, Livingston City/County (Donut area), Mission/West Boulder, Yellowstone (Paradise) Valley, Joe Brown to Gardiner and Cooke City. (Refer to Chapter 2 for further clarification) After reviewing the Cossitt document and other Growth Policy documents from throughout the state, and communicating with various consulting firms, a local communications firm (Kara Ricketts Communications) was hired by Park County to conduct and facilitate the public input phase and drafting of a Growth Policy and Neighborhood Plan document. Chapter 1 Park County Growth Policy 1 The creation of the public input component of the project consisted of advertising for participants from the aforementioned ten sub-areas within the county. All individuals that applied to participate were selected for what became individual, sub-area Task Force groups. Although the over-all sample size was small, relative to the total county population (less than 1%), the goals and opportunities for citizen participation were continuously provided throughout the entire public meeting process including; Task Force meeting, Planning Board draft document production, the Commissioner adoption process and the written public comment phases of the project. (See Appendix G: Park County Growth Policy Public Comment Summary Report, 2006, and Appendix H: Park County Growth Policy Written Public Comment Summary Report, 2006) The following document represents the results of Park County Montana’s current effort to create visionary direction in the form of a Growth Policy in complex social, political and economic times. Larry Lahren, Ph.D. Park County Commissioner A. D. 2006 THE STRUCTURE AND FUNCTION OF MONTANA’S GROWTH POLICY PROCESS Legislation passed by the 1999 Montana State Legislature (Senate Bill 97) requires counties to adopt a Growth Policy, the deadline for which is now October 1, 2006. (See, Section 76-1-601(2), MCA). Certain elements are required in a Growth Policy. (See, Section 76-1-601(3), MCA). The extent to which a Growth Policy addresses those elements is at the full discretion of the governing body. (See, Section 76-1-601(2), MCA). A Growth Policy may include other elements, such as a Neighborhood Plan. (See, Section 76-1-601(4), MCA). The intent of the legislation was to encourage Counties to plan for growth. This Growth Policy is intended to meet the requirements outlined in state law and to provide a framework for continued planning efforts in Park County. According to state law, the Growth Policy provides guidance to the Park County Commission in the: • authorization, construction, alteration, or abandonment of public ways, public places, public structures, or public utilities; • authorization, acceptance, or construction of water mains, sewers, connections, facilities, or utilities; and • adoption of zoning ordinances or resolutions. (See, Section 76-1-605, MCA) The Park County Growth Policy also provides guidance for subdivision regulations and review in that when a Growth Policy is adopted, subdivision regulations adopted must be made in conformance with the Growth Policy. (See, Section 76-1-606, MCA). Changes in state law have limited the use of the Growth Policy in land use decisions. In 2001 the Chapter 1 Park County Growth Policy 2 legislature passed a bill that added a provision to the law in Section 76-3-504, MCA that required subdivision regulations to be in accordance with the goals and objectives of a Growth Policy. In 2003, the Legislature eliminated this provision from Section 76-3-504, MCA, but a similar provision was not deleted from Section 76-1-606, MCA, and is still law. The 2003 Legislature also passed a bill that provides that a governing body may not withhold, deny, or impose conditions on any land use approval based solely on compliance with a Growth Policy. (See, Section 76-1-605(2)(b), MCA). A growth policy is not a regulatory document and does not confer any authority to regulate that is not otherwise specifically authorized by law or regulations adopted pursuant to the law. (See, Section 76-1-605(2)(a), MCA). 1.1 SCOPE AND PURPOSE. This document is the Park County Growth Policy, a term used in state law to provide a county wide vision for land use and development. The jurisdictional area covered by this document includes Park County with the exception of the area within the City of Livingston and the Town of Clyde Park. This growth policy supports and promotes the following measures based on the U.S. Constitution and state statutes, with input from County residents: ►Respect for and preservation of private property rights. ►Protection of public health and safety. ►Efficient delivery of services. ►Encouragement of development near existing services and infrastructure. ►Protection of the right to farm and ranch. ►Protection of natural resources. 1.2 CURRENT PLANNING EFFORTS. Aside from the Growth Policy, Park County is mandated by the State to continually revise the local subdivision regulations when amendments to Title 76 are adopted by the Montana Legislature. Chapter 3 of Title 76, also known as the Montana Subdivision and Platting Act, is the section of state law governing land resources and use. The current statutes included in Title 76 can be accessed by the State of Montana’s official website (www.discoveringmontana.com). Park County has six zoning districts at various locations within the county. Zoning districts may be defined as a specific geographic region within a county where uniform regulations and requirements govern the use, placement, spacing, and size of the land parcels and buildings. State law outlines the statutes governing 101 and 201 zoning, also known as Part 1 and Part 2 zoning. (See Title 76, Chapters 1 and 2). Citizen initiated, or 101 zoning, requires a petition process with a minimum of 60% of the landowners. There Chapter 1 Park County Growth Policy 3 are currently five 101 zoning districts in Park County: O’rea Creek, East Yellowstone, Cokedale, Paradise Valley, and Cooke City/Silvergate districts. County initiated, or 201 zoning, is initiated and passed by resolution by the Park County Commission. The former city/county or donut zoning district is the only 201 zoning district in the County. (See Chapter 4 for map.) This area includes a 4 ½ mile area around the Livingston City limits.
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