February 23, 2021 AGENDA # 2 Agenda Action Report Prepared for the Cascade County Commission
ITEM Final Resolution to Revise the Text & Map of the Cascade County Zoning Regulations, Adopted April 26, 2005 (Resolution #05-018) Revised June 26, 2018 (Resolution #18-54)
INITIATED BY Cascade County Planning Department
ACTION REQUESTED Approval of a Final Resolution to Revise the Text & Map of the Cascade County Zoning Regulations (Resolution #21-13)
PRESENTED BY Charity N. Yonker, Planning Director
SYNOPSIS:
The Planning Department initiated revisions to the text and map of the Cascade County Zoning Regulations in January 2019. The proposed revisions were vast in nature, including a proposal to create two new zoning districts from the large Agricultural District, rezoning the Black Eagle area from Urban Residential and Commercial to Mixed-Use, updating definitions to reflect changing land uses and laws, reworking enforcement provisions, and other ministerial changes to assist in administration of the overall Regulations.
The Planning Board first considered the revisions at their February 2019 meeting. As the public process evolved over several meetings and the Planning Board engaged in extensive discussion, the Board made a recommendation to adopt certain revisions to the Zoning Regulations in September of 2019. In summary, the Planning Board unanimously recommended updating and adding the medical marijuana definitions and expansion of medical marijuana land uses to the proposed Mixed-Use 20, Agricultural, Commercial, and Light and Heavy Industrial Districts. The Planning Board recommended on a vote 4-3 to deny of the proposed Mixed-Use 40 District and retain the Agricultural District. However, they recommended the creation of the Mixed-Use 20 District. Lastly, the Planning Board recommended all other proposed changes to the Regulations, which included the Black Eagle rezone.
On October 9, 2020, the Board of County Commissioners held their first Work Session on the materials, followed by additional Work Sessions on October 23, 2020, October 30, 2020, and November 6, 2020. Two Special Commission meetings were held, and by November 24, 2020, the Board of County Commissioners passed a Resolution of Intention with the approved text and map revisions.
Given this long, arduous revision process, the County wanted to thank all those who spent time out of their lives to participate in this process and incorporate the experiences and talent of our citizens by hosting a Photo Contest. The Planning Department received 33 photo submissions. The first-place winner’s photograph is featured on the front page of the Cascade County Zoning Regulations. The second and third place winners’ photographs are featured on the inside of the Regulations.
PROCEDURAL HISTORY AND LEGAL NOTICES Legal notices were published in the Great Falls Tribune on February 3, 2019 and February 10, 2019, for the public hearing held on February 19, 2020 by the Planning Board for the purpose of gathering public comments regarding the proposed text and map revisions initiated by the Planning Department. Legal notices were published in the Great Falls Tribune on February 24, 2019, and March 3, 2019, of the public hearing held by the Planning Board on March 26, 2019. Legal notices were published in the Great Falls Tribune on May 29, 2019, and June 5, 2019 of the public hearing held by the Planning Board on June 12, 2019. Legal notices were published in the Great Falls Tribune on July 14, 2019, and July 21, 2019 of the public hearing held by the Planning Board on July 23, 2019. Legal notices were published in the Great Falls Tribune on August 11, 2019, and August 18, 2019 of the public hearing held by the Planning Board on August 20, 2019. Legal notices were published in the Great Falls Tribune on September 1, 2019, and September 10, 2019 of the public hearing held by the Planning Board on September 10, 2019. At the public hearing held by the Planning Board on September 10, 2019, the Planning Board made recommendations for text and map revisions to the Cascade County Zoning Regulations to the Board of County Commissioners. Notice of the Board of County Commissioners public hearing on November 12, 2020 was posted on September 24, 2020 in at least five public places. Legal notices were published in the Great Falls Tribune on September 27, 2020, and October 4, 2020 of the public hearing held by the Board of County Commissioners on November 12, 2020. The Board of County Commissioners held a continuation of the November 12, 2020 public hearing on November 18, 2020. The Board of County Commissioners held a continuation of the November 18, 2020 public meeting, and passed a Resolution of Intention to Revise the Text and Map of the Cascade County Zoning Regulations (Res. # 20-61: R0401252) on November 24, 2020. A “Public Notice of Passage of Resolution of Intention to Revise the Map and Text of the Cascade County Zoning Regulations” was published in the Great Falls Tribune on December 31, 2020 and January 3, 2021. Notice of the Commissioners’ public hearing was published in the Great Falls Tribune on February 14, 2021 and February 21, 2021. A 30-day protest period began after the first publication of the legal notice published on December 31, 2020. The expiration of the 30-day protest period has passed and no written protests were received from persons owning real property within the district. Therefore, the Board of County Commissioners may in its discretion adopt the final Resolution to revise the text and map of the Cascade County Zoning Regulations.
Recommendation:
Approve Resolution #21-13, a final resolution which will encompasses text and map revisions as approved by Resolution of Intention #20-61 on November 24, 2020.
MOTION FOR CONSIDERATION
I move that the Cascade County Board of Commissioners APPROVE the passage of Resolution #21-13, a Final Resolution to Revise the Text and Map of the Cascade County Zoning Regulations.
Attachments: Final Resolution #21-13