Planning staff recommends the City Council conduct a public hearing and receive public comment on the Yellowstone County's renovation to the Miller Building without complying with the required number of street trees, contrary to the local zoning regulations. The City Council may also provide comment and suggestions to the applicant.

State law governing the application of local zoning regulations to public agencies, local or state, has 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 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, Senator Bill Mercer introduced and passed a bill that 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 allow 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.

Yellowstone County purchased the Miller Building in 2021 in order to consolidate its administrative departments in one building. The proposed $14+ million dollar renovation of the building does not propose to bring the site into conformance with the street tree requirement for the Central Business District (CBD). The CBD district requires one street tree for each 25 feet of street frontage. The site currently supports 14 street trees distributed between 3rd Avenue N, N 29th St and 4th Avenue N. There are 580 linear feet of street frontage on the parcel requiring a minimum of 23 street trees. The site is nine trees short of full compliance with the zoning regulations.  The attached site plan shows the location of the existing street trees. Many of those trees are healthy mature trees and will remain in place. The Planning Division planted a tree (Canadian bird cherry; Prunus padus) on the N 29th St frontage when it moved into the building in 2013, and one other street tree (Canadian bird cherry) was planted in 2018, when a clump of Junipers was removed to improve public safety at the entrance to the parking lot off N 29th St. The remaining street trees are mature Locust trees except for one Pine tree on N 29th St. The City staff, including the City Forester, has initiated a conversation with the County regarding maintenance of the existing trees and maybe some landscape upgrades to address CPTED practices on the site and also refresh some of the very old landscaping (low shrubs) on the property.

 

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

City Council may:

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

The Council does not have the ability 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.

PUBLIC HEARING - Land Use Contrary to Zoning for Yellowstone County - Street Trees at the Miller Building. No action required.