Council moves forward with land use map, development regs

City councilmembers unanimously took the first step this week in approving new subdivision regulations that give city staff the authority to approve preliminary plat applications without needing to get council’s approval.

A preliminary plat is defined in the proposed regulations as “a neat and scaled drawing of a proposed subdivision showing the layout of streets, alleys, lots, blocks, and other elements of a subdivision which furnishes a basis for review by the governing body.”

“After the preliminary plat of a subdivision has been approved or conditionally approved but before final plat approval, the subdivider may enter into contracts to sell lots in the proposed subdivision if the conditions of Section 76-25-411, MCA have been met,” reads the proposed regulations.

Current regulations give the city council the authority to approve preliminary plat applications. But the Montana Land Use Planning Act in 2023 requires governing bodies to cede that power to city staff. The act “introduced a new statewide planning framework designed to streamline land-use decision-making, prioritize public participation, and align local land-use goals with future population and housing needs,” according to a city staff report to the council.

The city council has authority to approve or deny applications for final plats, which are defined in the regulations as "the final drawing of the subdivision and dedication required to be prepared for filing for record with the County Clerk and Recorder and containing all elements and requirements set forth in these Regulations and the Montana Subdivision and Platting Act.”

Design and improvement standards and pre-application and concept review processes are unchanged under the proposed regulations. The planning commission will evaluate matters such as appeals or variances under the proposed regs.

The Montana Land Use Planning Act was a response to housing shortages and requires updates to land use/zoning regulations and subdivision regulations statewide. The act supports and encourages more density and mixed-use development.

According to the regulations councilmembers approved in the first of two readings on May 4, it will be up to a city staff member designated as the planning administrator to make the determination that a subdivision application is in substantial compliance with the zoning and subdivision regulations.

The planning administrator is someone designated by the local governing body to review, analyze, provide recommendations, or make final decisions on any or all zoning, subdivision, and other development applications, or a person designated and supervised by the planning administrator to perform those duties.

The administrator will determine whether all impacts resulting from a proposed subdivision were previously analyzed and made available for public review and comment prior to the adoption of the land use plan, zoning regulations, and subdivision regulations. If a subdivision application is sufficient, the planning administrator shall issue a written decision on the preliminary plat, without any public comment. However, the public will have the right to appeal the planning administrator’s decisions.

"If everything that is provided to us is correct and it meets all of the requirements of our subdivision regulations, that it can be administratively approved,” Belgrade Senior Planner Brad Stein told councilmembers at their May 4 meeting. “You'll see things in there [the new regulations] that talk about the ‘planning administrator.’ That's not necessarily one person. That's any employee that's employed by the city that does that and does that review. So it's not like it's just me reviewing this plan.”

Once the planning administrator determines the final plat application is complete, the council will have 20 business days to review the final plat. The council will be required by law to approve the final plat if it is legally sufficient. As is the case now, the council will have limited discretion when it comes to interfering in property rights.

“After the application and preliminary plat are approved, the governing body may not impose any additional conditions as a prerequisite to final plat approval,” reads the proposed regulations.

The council plans to consider voting on the second reading of the regulations on May 18. If they approve the regulations in a second vote, the enabling ordinance will be effective 30 days from that second vote, or June 18, according to Stein.

The proposed subdivision regulations are available at https://tinyurl.com/bddkdxdw.

Land use plan and future land use map

Also on May 4, city councilmembers voted unanimously to approve the City of Belgrade Land Use Plan and Future Land Use Map to comply with the Montana Land Use Planning Act. These documents are available at https://tinyurl.com/2npuwk28. These documents were approved by resolution, which is effective immediately.

“The City of Belgrade has, as a matter of practice and good community service voluntarily met most of the Montana Land Use Planning Act requirements with the adoption of the City’s Zoning Ordinance July 2023 and amended November 2024,” reads a city staff report to the council.

Assistant City Manager Greg Tryon indicated there will be opportunity to change the land use plan and future land use map.

“This is an ongoing, iterative process, this is no longer carved in stone,” Cardwell said at the May 4 meeting. “It’s a requirement that we come back every five years plus whatever the state then mandates to us. So what I would recommend [to] somebody that has a change or desire for this is that they go through our planning commission process ... they come to the planning department, work through, get it on to the planning commission's process to review, and then they can make a recommendation to this council directly.”