Consent 1.I.
Regular City Council Meeting
- Meeting Date:
- 11/13/2012
- TITLE
- 2nd Reading of an Ordinance Amending the City Subdivision Regulations
- PRESENTED BY:
- Candi Beaudry
- Department:
- Planning & Community Services
Presentation:
Information
PROBLEM/ISSUE STATEMENT
On January 13, 2012, Montana Attorney General (AG), Steve Bullock, issued an opinion in response to a question from the Missoula County Attorney regarding the state’s review requirements for subdivisions for rent or lease. Specifically, among other things, the AG opinion established that developments that have more than one building for rent or lease on a single tract of land are in fact subdivisions for rent or lease, and need to be reviewed as subdivisions under the Montana Subdivision and Platting Act. This opinion is different from how the City of Billings has been reviewing these types of developments under Article 23-600 of our local Subdivision Regulations. Therefore, the City Subdivision Regulations are in conflict with State law and should be updated to be consistent with it.
Since January, Planning staff has been informing the development community of the new AG opinion, and looking carefully at all new developments proposed for rent or lease. Planning staff, in consultation with City Legal and other affected City Departments, has drafted amendments to the City of Billings Subdivision Regulations for City Council's consideration. The City-County Planning Board held a public hearing and reviewed the proposed amendments to the City Subdivision Regulations on August 28, 2012. The Planning Board failed to make a recommendation on the amendments at that meeting. On October 22, 2012, the City Council held a public hearing on the proposed amendments and voted to adopt them on first reading of the ordinance. In order to finalize this amendment to City Code, Council must consider adopting the ordinance on second reading, upon which the ordinance becomes effective 30 days afterward.
Since January, Planning staff has been informing the development community of the new AG opinion, and looking carefully at all new developments proposed for rent or lease. Planning staff, in consultation with City Legal and other affected City Departments, has drafted amendments to the City of Billings Subdivision Regulations for City Council's consideration. The City-County Planning Board held a public hearing and reviewed the proposed amendments to the City Subdivision Regulations on August 28, 2012. The Planning Board failed to make a recommendation on the amendments at that meeting. On October 22, 2012, the City Council held a public hearing on the proposed amendments and voted to adopt them on first reading of the ordinance. In order to finalize this amendment to City Code, Council must consider adopting the ordinance on second reading, upon which the ordinance becomes effective 30 days afterward.
ALTERNATIVES ANALYZED
The City Council may:
• Approve the second reading of the ordinance amending Article 23-600 of the City Subdivision Regulations;
• Approve the second reading of the ordinance with amendments; or
• Not approve the second reading of the ordinance amending Article 23-600. If the City Council chooses to not approve the amendments, the City's Subdivision Regulations will be in conflict with State law.
• Approve the second reading of the ordinance amending Article 23-600 of the City Subdivision Regulations;
• Approve the second reading of the ordinance with amendments; or
• Not approve the second reading of the ordinance amending Article 23-600. If the City Council chooses to not approve the amendments, the City's Subdivision Regulations will be in conflict with State law.
FINANCIAL IMPACT
There are no foreseen financial impacts to the City for adopting the Amendments to Article 23-600 of the City Subdivision Regulations.
RECOMMENDATION
Planning Staff recommends that the City Council approve second reading of the ordinance amending City Code Section 23-600.