Planning staff recommends the City Council conduct a public hearing and receive public comment on the Elysian School project, located at 6416 Elysian Rd. School District 23 intends to install additional surface parking at Elysian School, 6416 Elysian Rd. relief from landscaping requirements. The City Council may also provide comment and suggestions to the applicant.

School District 23 is proposing to expand surface parking at Elysian School, located at 6416 Elysian Road. The property is zoned Public Parks and Open Space (P1) and is legally described as COS 832, Parcel 1A1, AMD, encompassing approximately 24.572 acres. Under the City of Billings Zoning Regulations, the proposed parking expansion is subject to the landscaping standards outlined in Section 27-1205.B.1(b), which require landscape terminal islands at the ends of each parking row. These islands must be a minimum of nine (9) feet in width and four (4) feet shorter than the adjacent parking stalls. School District 23 has indicated they do not intend to apply for a variance to request relief from these landscaping requirements. Without an approved variance, the proposed site improvements would need to fully comply with the applicable landscaping standards as specified in the zoning code. 

State law governing the application of local zoning regulations to public agencies, local or state, have been on the books since 1981. The purpose of this code section - MCA 76-2-401 and 402 - was to ensure the ability of public agencies to accomplish the mission and purpose of their agency while giving local communities the opportunity to comment when those projects were contrary to locally adopted zoning. Public agency is defined in the law as "a board, bureau, commission, department, an authority, or other entity of state or local government." The term captures many local or state entities, from the Department of Natural Resources and Conservation (DNRC) to local school districts or even city departments. The law does not apply to federal agencies or departments. The law excludes public projects on land that is privately owned. For example, if the DNRC has partnered with a landowner to complete a project on private property, it is not exempt from local zoning and is not covered by MCA 76-2-402.

In 2021, legislation amended this section of state law. The previous convening body for Land Uses Contrary to Zoning was the appointed Board of Adjustment. In addition, the law had language that implied the Board of Adjustment could not provide its own advice, opinion, or summarize the public comments for the applicant's consideration. The changes adopted in 2021 place these types of projects in front of the local governing body (city or county) for public hearing and allows the governing body to provide input, opinion and advice to the project sponsors. The change in law, however, does not give the City Council the ability to impose conditions of approval or deny the proposed project.

The intent of this application is to allow Elysian School to install their parking area without adhering to the strict landscaping standards in 27-1205.B.1(b) Landscape terminal islands that are a minimum of nine (9) feet wide and four (4) feet shorter than the adjacent parking stalls in the parking row shall be provided at the ends of each parking row.
 

The Planning staff has not received any public comment as of the writing of this report. 

City Council may:

• Open the public hearing and take public comment and provide input and suggestions to the project sponsor, Elysian School.

The Council does not have the authority to approve or deny the land use contrary to zoning, but may provide feedback and concerns to the project sponsor.

Holding the public hearing and the land use contrary to zoning will have no impact on the Planning Division budget.