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Item 3.
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| City Council Regular | |
| Date: | 09/23/2024 |
| Title: | Public Hearing and Resolution to establish the City of Billings Interim Planning Commission to Implement the Montana Land Use Planning Act |
| Presented by: | Wyeth Friday |
| Department: | Planning & Community Services |
| Presentation: | Yes |
| Legal Review: | Yes |
| Project Number: | N/A |
RECOMMENDATION
Staff recommends City Council complete the public hearing and approve the Resolution Establishing the Interim Planning Commission to Implement the Montana Land Use Planning Act (MLUPA).
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
In 2023, the Montana State Legislature passed Senate Bill 382, the Montana Land Use Planning Act (MLUPA), codified in Title 76, Chapter 25 of the Montana Code Annotated. The intent of the Act is to provide a comprehensive land use planning system that promotes the health, safety, and welfare of the people of Montana. The Act outlines that a municipality with a population at or exceeding 5,000 located within a county with a population at or exceeding 70,000 in the most recent decennial census shall comply with the provisions. The Act outlines that each local government shall establish a Planning Commission to make recommendations on the adoption of the Land Use Plan and Future Land Use Map.
The Montana Land Use Planning Act mandates that municipalities develop and implement a Land Use Plan and Future Land Use Map to guide future development. The Land Use Plan serves as a comprehensive plan that addresses land use, economic development, housing, public services, and natural resources. To comply with state regulations and to support our city's strategic development goals, an interim body will be created to make recommendations and to manage these efforts. The Interim Planning Commission shall review and make recommendations to the City Council regarding the development, amendment, adoption, review, and approval or denial of the following documents:
· Development of the Land Use Plan and Future Land Use Map as provided in Title 76, Chapter 25, Part 2;
· Changes to Zoning Regulations and the zoning map as provided in Title 76, Chapter 25, Part 3;
· Changes to the Subdivision Regulations as provided in Title 76, Chapter 25, Part 4; and
· Any other legislative land use planning document the City Council designates as part of the initial development of the Land Use Plan and Future Land Use Map.
The Planning Division is proposing an Interim Planning Commission to implement the Montana Land Use Planning Act. The Commission composition consisting of seven (7) members previously appointed by the City Council to the County Planning Board, City Zoning Commission, City Board of Adjustment. The Interim Commission will have five (5) members, one from each City Ward that sit on the Planning Board, and the remaining two (2) members being the chair of the City Zoning Commission and the chair of the City Board of Adjustments. These members are experienced in land use issues, subdivision, transportation planning, and zoning regulations.
In the event that one of the members from the Planning Board representing each City Ward is unable or unwilling to serve, then applications will be sought pursuant to BMCC Section 2-501.2 to represent the applicable City Ward. If the chair of the City Zoning Commission or City Board of Adjustments is unable or unwilling to serve then applications from the remaining members of the City Zoning Commission and City Board of Adjustments will be sought and shall be appointed by the Mayor with the consent of City Council. If all remaining members of the City Zoning Commission and City Board of Adjustments are unwilling or unable to serve then applications will be sought pursuant to BMCC Section 2-501.2.
The Resolution outlines that members of the Commission will remain appointed until:
1. May 17, 2026
2. Creation of the permanent Planning Commission
3. Until their successor are otherwise appointed and qualified, whichever occurs first.
The Montana Land Use Planning Act mandates that municipalities develop and implement a Land Use Plan and Future Land Use Map to guide future development. The Land Use Plan serves as a comprehensive plan that addresses land use, economic development, housing, public services, and natural resources. To comply with state regulations and to support our city's strategic development goals, an interim body will be created to make recommendations and to manage these efforts. The Interim Planning Commission shall review and make recommendations to the City Council regarding the development, amendment, adoption, review, and approval or denial of the following documents:
· Development of the Land Use Plan and Future Land Use Map as provided in Title 76, Chapter 25, Part 2;
· Changes to Zoning Regulations and the zoning map as provided in Title 76, Chapter 25, Part 3;
· Changes to the Subdivision Regulations as provided in Title 76, Chapter 25, Part 4; and
· Any other legislative land use planning document the City Council designates as part of the initial development of the Land Use Plan and Future Land Use Map.
The Planning Division is proposing an Interim Planning Commission to implement the Montana Land Use Planning Act. The Commission composition consisting of seven (7) members previously appointed by the City Council to the County Planning Board, City Zoning Commission, City Board of Adjustment. The Interim Commission will have five (5) members, one from each City Ward that sit on the Planning Board, and the remaining two (2) members being the chair of the City Zoning Commission and the chair of the City Board of Adjustments. These members are experienced in land use issues, subdivision, transportation planning, and zoning regulations.
In the event that one of the members from the Planning Board representing each City Ward is unable or unwilling to serve, then applications will be sought pursuant to BMCC Section 2-501.2 to represent the applicable City Ward. If the chair of the City Zoning Commission or City Board of Adjustments is unable or unwilling to serve then applications from the remaining members of the City Zoning Commission and City Board of Adjustments will be sought and shall be appointed by the Mayor with the consent of City Council. If all remaining members of the City Zoning Commission and City Board of Adjustments are unwilling or unable to serve then applications will be sought pursuant to BMCC Section 2-501.2.
The Resolution outlines that members of the Commission will remain appointed until:
1. May 17, 2026
2. Creation of the permanent Planning Commission
3. Until their successor are otherwise appointed and qualified, whichever occurs first.
STAKEHOLDERS
By adopting this resolution, the City Council assures residents of an experienced commission that will help guide the development of the City Land Use Plan and Future Land Use Map.
ALTERNATIVES
City Council may:
- Approve the Resolution to Establish an Interim Planning Commission to Implement the Montana Land Use Planning Act; or,
- Not Approve the Resolution to Establish an Interim Planning Commission to Implement the Montana Land Use Planning Act. By not adopting the Resolution, the City will not be in compliances with the required element of the Montana Land Use Planning Act and will slow the efforts to develop a land use plan, future land use map, and make any regulatory changes to the zoning and subdivision regulations by the Legislature imposed deadline of May 2026.
FISCAL EFFECTS
The adoption of this resolution will not directly affect city finances as funds were budgeted by City Council to help cover this effort. The Planning Division also has been awarded a state grant of $30,000 to supplement the local funds, and the Billings MPO has directed funds to the transportation elements of this effort as well as sharing the latest transportation plans and studies that will help inform this work.
SUMMARY
The establishment of an Interim Planning Commission to implement the MLUPA is a strategic move to support our City's growth and development in a structured and sustainable manner. By leveraging community input and expert guidance, we can ensure that our Land Use Plan and Future Land Use Map reflect the values and needs of our residents while complying with the Montana Land Use Planning Act.