Bozeman Community Development Board Meeting – February 23, 2026

The Bozeman Community Development Board (CDB) held a regular meeting on Monday, February 23, 2026, at 12:00 PM (MST) in the City Commission Room. The agenda was light, consisting of routine approvals and a board training session on the review of zone map amendments and appeals of administrative decisions under the new Montana Land Use Planning Act (MLUPA). No public comments were made on non-agenda items.

Consent Calendar

• February 2, 2026 Minutes: Approved unanimously (5-0) via roll call (Morrison aye, Egggy aye, Delmian aye, Mitro aye, Chair Boyd aye).
• Cancellation of March 16, 2026 Meeting: Approved unanimously (5-0) to cancel the regularly scheduled meeting due to spring break. The next meeting will be held on March 3, 2026.

Public Comments & Testimony

• One member of the public was present but did not offer any testimony during the public comment period on non‑agenda items. No online participants were dialed in.

Discussion Items

• Board Training on Zone Map Amendments and Appeals of Administrative Decisions:
  • Chris Saunders (Planning Manager) and City Attorney Greg Sullivan led a training session covering two key responsibilities of the CDB under MLUPA: reviewing zone map amendments and hearing appeals of administrative land use decisions.
  • Zone Map Amendments:
    • The board’s role is to make a recommendation to the City Commission on whether a proposed zone change is in substantial compliance with the Bozeman Community Plan and the criteria in MLUPA § 76‑1‑304.
    • The new criteria (replacing the old 12 factors) include: consistency with the future land use map, impacts on housing, natural resources, economic development, etc. (listed as A–B and C1–C7 in the statute).
    • Key differences from previous practice: no protest provisions; emphasis on fact‑based decisions; the board must base findings on the record, including public testimony.
    • “Substantial compliance” is the standard; the board looks at the application as a whole, not single elements out of context.
    • Motions: The board was encouraged to make affirmative motions (to approve, modify, or reject) to clearly convey their recommendation to the City Commission.
  • Appeals of Administrative Decisions:
    • Under MLUPA, the CDB sits as a quasi‑judicial body for appeals of final decisions by the Planning Administrator (e.g., on subdivisions, site plans, variances).
    • The appeal is limited to issues raised in the appeal application; the appellant must show error and bears the burden of proof.
    • The board’s decision is de novo, but the initial decision must be sustained unless found arbitrary, capricious, or unlawful.
    • The board must avoid ex parte communications and treat the proceeding like a judge, basing decisions solely on the record.
    • Appeals are rare (∼1 per year historically), but the board is expected to handle them with strict adherence to due process.

Key Outcomes

• No decisions were made on substantive applications; the meeting was dedicated to training.
• The board was reminded of their responsibilities under MLUPA, the importance of clear findings, and the need to maintain a neutral, record‑based approach in both zone map amendment recommendations and appeal hearings.
• The next regular meeting is scheduled for March 3, 2026.