Bill would encourage development in designated areas

The Montana Senate approved a bill on Monday that would require the state's largest and fastest-growing counties to designate preferred growth areas for future development.

The Quality Growth Act was introduced by Sen. Mike Wheat, D-Bozeman. It passed the Senate on a 38-12 vote and was transmitted to the House for its consideration.

The bill applies to counties that have a population of 30,000 or more people or that have at least 15,000 people and that grew by at least 10 percent in the last 10-year census period. It also applies to any cities within these jurisdictions.

If approved, the legislation would require the county and municipalities to identify one or more "quality growth areas" in their growth policies. According to the current bill language, these areas must be "suitable for development or redevelopment sufficient to accommodate the projected 20-year residential and business growth of the jurisdiction."

Each identified growth area must have a plan that describes the existing and future public facilities needed to serve the projected development; outlines options for extending streets, sidewalks and bike paths, and sewer and water services within the area; promotes affordable housing; and proposes various management techniques (such as zoning or subdivision regulations, density bonuses or market incentives) that would guide new development into these areas.

Cities affected by this legislation - including Kalispell, Whitefish and Columbia Falls - would be required to designate one or more growth areas of their own. These areas could include vacant land or redevelopment sites located within the city; they could also extend beyond the city limits into unincorporated portions of the county.

After subtracting the amount of projected countywide growth that could be accommodated by these municipal growth areas, the county could then designate its own growth areas that would be located in or near existing "rural centers."

The bill defines a rural center as a land area of at least 160 acres that's three miles or more from an incorporated city and that has an average residential density of at least one home per acre. Bigfork or Lakeside would be examples of rural centers.

The Quality Growth Act doesn't appear to restrict growth outside of these identified growth areas. However, it does require local governments to use density bonuses, design standards, market incentives and various other techniques to encourage development there.

The act also allows local governments to adopt new fees for subdivision applications and/or zoning permits that would help offset the cost of long-range planning or developing a growth policy.

Other major planning bills that could have an impact in Flathead County include Senate bills 185, 173 and 309.

SB 185 would allow local governments to impose fees on new development to cover the cost of any new public facilities needed to serve that growth.

The bill was approved by the Senate Local Government Committee on Friday by an 11-0 vote. It was scheduled for second reading on Monday before the full Senate.

The type of public facilities for which fees could be imposed include water, wastewater and storm water systems; roads, bridges or right of way; police and fire protection facilities; and other facilities for which detailed documentation can be prepared (such as parkland).

Before imposing fees for any of these items, the local government would have to identify the capital improvements needed to meet the future demand. It would also have to clarify how the cost of these improvements would be apportioned among new users, and ensure that none of the fee was used for ongoing operations and maintenance costs or to improve deficiencies in the existing infrastructure.

"The amount of each impact fee must be based upon the actual cost of the public facility expansion or improvements incurred by the government as a result of the new development … [and] must be reasonably attributable to the development's share of the infrastructure improvement costs," states the current bill language.

SB 173 would allow for the creation of "waterside management corridors" along perennial rivers and streams. No new buildings or development would be permitted within these corridors, but any existing buildings would be allowed to stay.

The corridors extend for 90 feet on either side of a stream and for 300 feet on either side of a river.

This legislation would not apply within incorporated cities or in established zoning districts that have an average residential density of at least one home per acre and that are served by municipal water and sewer services.

The bill "could have a huge impact in Flathead County," interim Planning Director Johna Morrison said. "There are a lot of smaller lots along the Flathead River or Ashley Creek that probably wouldn't be able to meet these setbacks."

SB 173 squeaked through the Senate Local Government Committee on Friday by a 6-5 vote. It was scheduled for a second reading on Monday before the full Senate.

SB 309 was introduced by Sen. Jerry O'Neil, R-Columbia Falls. It would allow areas such as Evergreen to incorporate.

Currently, state law prohibits an area from incorporating if it's within three miles of an existing municipality. O'Neil's bill would remove that restriction, meaning any place within three miles of a city could incorporate as long as it has at least 300 people.

The Senate Local Government Committee is scheduled to hold a hearing on O'Neil's bill today.

Reporter Bill Spence may be reached at 758-4459 or by e-mail at bspence@dailyinterlake.com