Meetings
 


City of Helena, Montana
 
December 20, 2019
To: Ana Cortez, City Manager
From:

Sharon Haugen, Community Development Director

Lucy Morell-Gengler, Planner II

Hillary Taylor, Planner II
Subject: Final passage of Ordinance No. 3279 revising the Conditional Use Permit (CUP) process by amending Chapter 3 of Title 11 of the Helena City Code to provide better guidance for applicants and decision makers.
Present Situation: On December 16, 2019 the Helena City Commission held a public hearing on the proposed amendments to the Conditional Use Permit Chapter. No one from the public spoke regarding the proposed changes.  The City Commission unanimously voted (4:0) to approve the Ordinance. Subsequent to the public hearings, City Planning Staff sent notice of the CUP Chapter changes to representatives of the architecture community, HBIA, and realtors in an effort to solicit public comment.  Staff received two (2) comments in response which are included below.  The two (2) comments received were regarding Section 11-3-8 (B) which indicates that a property’s CUP may be revoked if not used for its purpose for 30 continuous business days.  Those expressing concerns included situations where a property may be vacant such as, time between rental/sale occupants, or maintenance situations. For clarification, the 30-day time frame only applies when a use is intentionally abandoned; time for remodeling, maintenance, or new owner/tenants does not indicate abandonment provided the same use is continued after the vacancy. Chapter 3 of Title 11 of the City Code contains language to guide the process for a Conditional Use Permit (CUP) including CUP limitations, application requirements, application review, the role of the Zoning and City Commissions, conditions of approval and cessation, or change of conditional uses.  The Zoning Commission held three (3) work sessions to evaluate the current CUP Chapter for increasing language clarity and to better define the decision-making parameters. Other communities’ regulations, past CUP applications, and the current Helena review process were considered. On December 3, 2019 the Zoning Commission held a public hearing on revising the Conditional Use Permit Chapter and reviewed the proposed Ordinance.  No members of the public spoke or submitted comments on the proposed changes. The Zoning Commission voted (5:0) to approve the Ordinance with one additional amendment.
Background Information:

The amendments to Chapter 3 of Title 11 are identified in the attached Ordinance.  Five (5) major areas impacted by the ordinance are:

1. CUP Review Standards. The review criteria language is changed from “significantly increase” or will not “significantly reduce or impair” to will not “adversely impact.”

2. CUP Impact Evaluation.  The existing factors have been reorganized and clarified, as well as new factors have been added. A greater emphasis on impacts to adjacent properties and the larger neighborhood is a new focus. Clearer direction for considering public input is also included.

3. CUP Mitigating Conditions. Possible conditions of approval are enumerated in the chapter to provide more direction for the Zoning and City Commissions. Although additional conditions may be imposed depending on the impacts, this list is expected to be beneficial to the applicant and can help provide predictability in the process. 4. Changing Conditions. The fourth change is intended to fill a gap in the limitations to a CUP approval as it relates to changes in the site plan as a CUP is developed.  It is important to have a process in place to be able to determine if a “material change” has occurred in a CUP. This change will allow staff to work with applicants to keep CUPs up to date.

5. CUP Revocation. The fifth substantive change to the ordinance comes in the section regarding the ability to revoke a CUP.  The proposed Ordinance would include a new process with standards to revoke a CUP that is not in compliance with the approved conditions or has ceased to operate on the property.    
Proposal/Objective:

The amendments to Chapter 3 of Title 11 are identified in the attached Ordinance.  Five (5) major areas impacted by the ordinance are:

1. CUP Review Standards. The review criteria language is changed from “significantly increase” or will not “significantly reduce or impair” to will not “adversely impact.”

2. CUP Impact Evaluation.  The existing factors have been reorganized and clarified, as well as new factors have been added. A greater emphasis on impacts to adjacent properties and the larger neighborhood is a new focus. Clearer direction for considering public input is also included.

3. CUP Mitigating Conditions. Possible conditions of approval are enumerated in the chapter to provide more direction for the Zoning and City Commissions. Although additional conditions may be imposed depending on the impacts, this list is expected to be beneficial to the applicant and can help provide predictability in the process. 4. Changing Conditions. The fourth change is intended to fill a gap in the limitations to a CUP approval as it relates to changes in the site plan as a CUP is developed.  It is important to have a process in place to be able to determine if a “material change” has occurred in a CUP. This change will allow staff to work with applicants to keep CUPs up to date.

5. CUP Revocation. The fifth substantive change to the ordinance comes in the section regarding the ability to revoke a CUP.  The proposed Ordinance would include a new process with standards to revoke a CUP that is not in compliance with the approved conditions or has ceased to operate on the property.    
Advantage: The proposed changes give the Zoning Commission and the City Commission the ability to vet CUP applications against a new standard of “adverse impacts” instead of “significantly increase,” and will help clarify the chapter by updating the language to match the new standards and factors. The proposed language more clearly relates back to the potential impacts on the adjacent neighborhoods.
Notable Energy Impact: None identified at this time.
Disadvantage: A more in-depth review may lead to a longer application process.    
Notice of Public Hearing: N/A
Staff Recommendation:
 
ATTACHMENTS:
Ordinance No. 3279
Public Comment