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1 E X E C U T I V E S U M M A R Y CASE PLANNER Tom Zavitz PUBLIC HEARING DATES Laval Means MCPB: June 1, 2010 CC: To be Determined REVIEWED AND APPROVED BY Mike Barton, Senior Planner, Office of Planning and Grants AGENDA ITEM 6: Draft City Zoning Ordinance Maintenance Revisions –2010 (05-14-10) APPLICANT City Council initiated request LEGAL The legal ad was published in the Missoulian on May 16th and 23rd, 2010. NOTIFICATION • Email announcements to approximately 500 citizens and interested parties including City agencies for first draft review. • Agency and interested party memo (see attachment PROPOSAL To adopt the Maintenance Amendments (dated 5-14-10) to Title 20 Missoula City Zoning Ordinance. See Attachment A. RECOMMENDATION To approve the proposed maintenance amendments to Title 20, Missoula City Zoning Ordinance (See Attachment ---PAGE BREAK--- 2 MISSOULA CONSOLIDATED PLANNING BOARD June 1, 2010 Agenda Item 6 I. RECOMMENDED MOTION THAT THE PROPOSED TITLE 20 CITY ZONING ORDINANCE: PROPOSED MAINTENANCE AMENDMENTS - 2010 (DATED 5/14/10) AS SHOWN IN ATTACHMENT A OF THE STAFF REPORT BE RECOMMENDED TO THE CITY COUNCIL FOR APPROVAL. II. INTRODUCTION This proposed list of Maintenance Amendments is the first annual compilation of revisions to Title 20. The initial list is mainly comprised of clarifications that will help to more clearly illustrate the language in the new Title 20 Ordinance. Substantive changes will continue to be referred to the Council separately and individually. III. BACKGROUND On November 4, 2009, the City Council repealed Title 19 Missoula City Zoning Ordinance and adopted Title 20, the revised and updated City Zoning Ordinance after a two year revision and review process guided by Duncan Associates and intended to make the City of Missoula’s ordinance a more current and user-friendly document. During the first six months of use, staff identified several areas where clarification was needed. In addition, ordinance users suggested some corrections and additions needed to maintain regulatory intent. OPG began keeping a list of proposed correction items soon after ordinance adoption. On March 24, 2010, OPG presented the first draft of the Maintenance List to the agencies and interested parties that reviewed the Title 20 comprehensive drafts (see attachment Three comments were returned and appropriate revisions were incorporated. On May 10, 2010, City Council voted to refer the proposed Title 20 Maintenance List submitted by OPG to the Missoula Consolidated Planning Board for its review and recommendation (see attachment The May 14, 2010 Draft contains adjustments made to #17 and #30 since the PAZ motion to send the project to Planning Board. A table in #50 which was omitted is now in place. The proposed maintenance items are text amendments and are subject to Title 20 Missoula City Zoning Ordinance, 20.85.040 F Text Amendments, Review Criteria. IV. REVIEW CRITERIA Findings of Fact Title 20 (Missoula City Zoning Ordinance) was adopted by the Missoula City Council on October 3, 2009 and became effective on November 4, 2009. ---PAGE BREAK--- 3 At adoption Title 20, was found to be compliant with State Law (MCA 76-2-304) and the growth policy. The Title 20 Maintenance Amendment List contains 50 proposed corrections and clarifications to the Missoula City Zoning Ordinance. The Title 20 Maintenance Amendment List was created to address errors, omissions, and unclear language identified by agencies, interested parties, and OPG staff since the date of adoption (October 3, 2009). The Title 20 Maintenance Amendment List contains no substantive changes to existing regulations or development standards. Conclusions of Law Whether the proposed zoning ordinance text amendments are consistent with §76-2- 304(2), MCA . Specifically: (Criteria and guidelines for zoning regulations. and other public requirements. In the adoption of zoning regulations, the municipal governing body shall consider: reasonable provision of adequate light and air; the effect on motorized and nonmotorized transportation systems; promotion of compatible urban growth; the character of the district and its peculiar suitability for particular uses; and conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional area.) Because the proposed Title 20 Maintenance Amendment List contains only corrections and clarifications to Title 20, which is in effect with no adverse effects, the amendments will have no adverse effects on the provision of light and air, and motorized and nonmotorized transportation systems. Because the proposed Title 20 Maintenance Amendment List contains only corrections and clarifications to Title 20 which is in effect with no adverse effects, the amendments remain compatible with urban growth, the character of districts and their particular suitability for particular uses, and conserving conserving the value of buildings and encouraging the most appropriate use of land throughout the jurisdictional areas. Whether the proposed zoning ordinance text amendment corrects an error or inconsistency in the zoning ordinance or meets the challenge of a changing condition. The proposed Title 20 Maintenance Amendment List contains only corrections and clarifications to Title 20. Whether the proposed zoning ordinance text amendment is in substantial conformance with the growth policy and other adopted plans and policies of the city. The proposed Title 20 Maintenance Amendment List is consistent with the growth policy and other adopted plans because the proposed corrections and clarifications to Title 20 do not contain any substantive changes to the City Zoning Ordinance. Whether the proposed zoning ordinance text amendment is in the best interests of the city as a whole. ---PAGE BREAK--- 4 Because the proposed Title 20 Maintenance Amendment List contains only corrections and clarifications to Title 20, which is in effect with no adverse effects, the amendments should have no adverse effects and should be in the best interests of the city as a whole. V. PROPOSAL The maintenance revisions are intended to address language in the ordinance that is unclear or in error (see Attachment This approach establishes an annual process that will keep the code up-to-date and user friendly. VI. ATTACHMENTS A. Title 20 Maintenance List, 5-14-2010 B. Agency and Interested Persons Memo 1) Early draft of suggested revisions 3-26-2010 (available electronically) C. PAZ summary minutes, 5-5-2010 1) PAZ referral (available electronically)