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Item 2.
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| City Council Regular | |
| Date: | 04/08/2024 |
| Title: | Land Use Contrary to Zoning No. 3 - HomeFront new duplex in an NX3 zone at 302 Sioux Lane - Public Hearing |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
| Legal Review: | Not Applicable |
| Project Number: | PZX-24-00106 |
RECOMMENDATION
Planning staff recommends the City Council hold the public hearing as required by MCA 76-2-401 for land uses contrary to zoning proposed by public agencies on publicly owned property.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
HomeFront (officially known as the HomeFront Housing Authority of Billings) is proposing to build a duplex on property it owns at 302 Sioux Lane that is zoned Mixed Residential 3 (NX3) in the Billings Heights. The zone district has a minimum number of dwelling units required in a single structure. Five units is the minimum number of units. The proposed duplex is contrary to the zoning requirements. All other aspects of the proposed project appear to meet the other zoning and site development requirements.
The proposed project is unique as it proposes to use a 3D printing method of construction. This is a demonstration project for the organization. The site plan and applicant information is attached to this report.
The state law at MCA 76-2-402 allows a public agency to use public land contrary to local zoning regulations provided a hearing is held before the governing body of the jurisdiction. The law was changed in 2021 to change the venue of the public hearing (previously the Board of Adjustment) and eliminate the language that limited the scope and intent of the public hearing. The prior law stated that the Board of Adjustment "shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use". The current law simply eliminated this language. Here is the current state law:
The proposed project is unique as it proposes to use a 3D printing method of construction. This is a demonstration project for the organization. The site plan and applicant information is attached to this report.
The state law at MCA 76-2-402 allows a public agency to use public land contrary to local zoning regulations provided a hearing is held before the governing body of the jurisdiction. The law was changed in 2021 to change the venue of the public hearing (previously the Board of Adjustment) and eliminate the language that limited the scope and intent of the public hearing. The prior law stated that the Board of Adjustment "shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use". The current law simply eliminated this language. Here is the current state law:
"76-2-401. Definitions. As used in 76-2-402, the following definitions apply:
(1) "Agency" means a board, bureau, commission, department, an authority, or other entity of state or local government.
(2) "Local zoning regulations" means zoning regulations adopted pursuant to Title 76, chapter 2.
76-2-402. Local zoning regulations -- application to agencies.
(1) Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing must be held and the agency shall attend the public hearing.
(2) The local governing body shall hold a hearing within 30 days of the date the agency gives notice to the local governing body of its intent to develop land contrary to local zoning regulations."
The new statute does not state that there is decision-making authority for the process with the City Council, it only requires the Council to hold a public hearing to accept public comment. There is no other action required of the City Council.(1) "Agency" means a board, bureau, commission, department, an authority, or other entity of state or local government.
(2) "Local zoning regulations" means zoning regulations adopted pursuant to Title 76, chapter 2.
76-2-402. Local zoning regulations -- application to agencies.
(1) Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing must be held and the agency shall attend the public hearing.
(2) The local governing body shall hold a hearing within 30 days of the date the agency gives notice to the local governing body of its intent to develop land contrary to local zoning regulations."
ALTERNATIVES
The City Council will hold a public hearing and take public comment. No other action is required of the City Council on this item.
FISCAL EFFECTS
There will be no effect on the Planning Division budget by holding the public hearing for this land use contrary to zoning.