Item #1 - County Variance #275 – Land Use Contrary to Zoning - Hillcrest Road – Billings Police Department New Training Facility and Outdoor Firing Range – A request to use public land contrary to zoning for a public agency on an un-platted parcel of land described as the NENE1/4, Section 29, Township 1 South, Range 26 East, in an Agriculture Open-Space (A-1) zoning district, a 34- acre parcel of land. The County Board of Adjustment has no power to approve, deny, or attached conditions to the proposed use. State law requires a forum before the Board of Adjustment to receive public comment. Tax ID: D02012

State statute allows public agencies to use land contrary to zoning after a public hearing is held by the local Board of Adjustment. As illustrated in MCA 76-2-402(2), the Board shall have no power to deny the proposed use but shall act only to allow a public hearing for comment on the proposed use. Staff recommends the Board conduct the public hearing.
 

OWNER: City of Billings - Public Works Department
AGENT: Jay Berry, Billings Police Department
LEGAL DESCRIPTION: NENE 1/4, Section 29, Township 1 South, Range 26 East
ADDRESS: South of Hillcrest Rd just west of the intersection with Blue Creek Rd
CURRENT ZONING: A-1
EXISTING LAND USE: Vacant public land purchased for City of Billings Landfill
PROPOSED USE: Same with Billings Police Department Training facility and outdoor firing range
SIZE OF PARCEL: 34 acres

None.

Subject Property - None.

Surrounding Property - The Billings City Landfill received a zone change (County ZC 389) in January 1986, from A-1 to Public for most of Section 29 that is in the active portions of the landfill.

NORTH:	Zoning: A-1 and R-150 Land Use: Yellowstone Valley Electric Substation - single family residences & junk vehicle wrecking yard
SOUTH:	Zoning: Public Land Use: City Landfill property
EAST:	Zoning: R-150 Land Use: Single family residence and agricultural uses
WEST:	Zoning: Public Land Use: City Landfill property

This is a request from the Billings Police Department to construct a new training facility and outdoor firing range. The property is zoned A-1 and was purchased as additional land for the City Landfill in 1995. This public hearing is to allow public comment on the proposed police department facilities. This is a land use contrary to zoning and is allowed by state statute MCA 76-2-402 after a Public Hearing is held before the local Board of Adjustment. State law does not give the authority to the Board of Adjustment to approve or deny the request but does allow the Board to receive public comment on the use.
 
State Statute
76-2-401. Definitions. As used in 76-2-402, the following definitions apply:
     (1) "Agency" means a board, bureau, commission, department, an authority, or other entity of state or local government.
     (2) "Local zoning regulations" means zoning regulations adopted pursuant to Title 76, chapter 2.
     History: En. Sec. 1, Ch. 397, L. 1981.
76-2-402. Local zoning regulations – application to agencies. Whenever an agency proposes to use public land contrary to local zoning regulations, a public hearing, as defined below, shall be held.
     (1) The local board of adjustments, as provided in this chapter, shall hold a hearing within 30 days of the date the agency gives notice to the board of its intent to develop land contrary to local zoning regulations.
     (2) The board shall have no power to deny the proposed use but shall act only to allow a public forum for comment on the proposed use.
     History: En. Sec. 2, Ch. 397, L. 1981.
 

Staff recommends the Board conduct the public hearing and receive comment on the proposed use.