Item #1 - County Variance #279 – City of Billings Landfill Expansion – Land Use Contrary to Zoning - A request to use public land contrary to zoning by a public agency on the following parcels: A - 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) zone, a 34-acre parcel of land: B - an un-platted parcel of land described as the N1/2SE1/4, Section 29, Township 1 South, Range 26 East, in a Public zone, an 80-acre parcel of land: C – an un-platted parcel of land described as the N1/2SE1/4 Section 29, Township 1 South, Range 26 East, in an Agriculture-Open Space (A-1) zone, an 80-acre parcel of land: D – an un-platted parcel of land described as the S2SE4, S2SW4 (LESS COS 1130, 1443) Section 29, Township 1 South, Range 26 East, in an Agriculture-Open Space (A-1) zone, a 144.26 acre parcel of land. The City of Billings intends to expand the existing landfill south and east of Hillcrest Road. The County Board of Adjustment has no power to approve, deny or attached conditions to the proposed use. State law (MCA 76-2-402) requires a forum before the Board of Adjustment to receive public comment. The City of Billings is preparing a separate application to the Department of Environmental Quality (DEQ), the regulatory authority for the State of Montana that reviews landfill expansions. Tax IDs: D02012, D02012B, D02007 & D02008.
Presented by: Nicole Cromwell, Zoning Coordinator.

The Planning Division is recommending the Board conduct the public hearing and allow comment on the landfill expansion plans.

OWNER: City of Billings - Solid Waste Division of Public Works
AGENT: Robert Church, Great West Engineering and Will Robbins, City of Billings, Staff Engineer
LEGAL DESCRIPTION: NENE1/4, Section 29, Township 1 South, Range 26 East; N1/2SE1/4, Section 29, Township 1 South, Range 26 East; N1/2SE1/4 Section 29, Township 1 South, Range 26 East; S2SE4, S2SW4 (LESS COS 1130, 1443) Section 29, Township 1 South, Range 26 East
ADDRESS: South east of Hillcrest Road south of the existing Billings Regional Landfill
CURRENT ZONING: A-1 and Public
EXISTING LAND USE: Vacant
PROPOSED USE: Expansion of Billings Regional Landfill
SIZE OF PARCEL: Total area is 232.3 acres

The City of Billings is preparing a separate application to the Department of Environmental Quality (DEQ), the regulatory authority for the State of Montana that reviews landfill expansions.

A zone change from A-1 to Public was approved for 572 acres of land used for the Billings Regional Landfill in December 1985. Since 1985, the City of Billings has acquired additional acreage south of Hillcrest Road for future expansion of the regional landfill. The zoning on these acquired parcels remained in the A-1 district. Public zoning and A-1 zoning allow solid waste facilities by special review approval. Another method of development of public land for public purposes is through the Land Use Contrary to Zoning public hearing process.

NORTH:	Zoning: R-150; A-1; Public  Land Use: Yellowstone Valley Electric Substation, Regional Landfill, auto wrecking yard and single family dwellings
SOUTH:	Zoning: A-1 Land Use: Vacant agricultural land - DNRC - State trust land
EAST:	Zoning: R-150; A-1 Land Use: Single family dwellings - vacant agricultural land
WEST:	Zoning: Public Land Use: Billings Regional Landfill

This is a request to use public land for public purposes contrary to zoning. 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.

The Billings Regional Landfill is owned and managed by the City of Billings for the benefit of City and County residents. In addition, surrounding counties have agreements to use the landfill for disposal of residential and commercial solid waste. The proposed expansion of the landfill will require many administrative processes before it is approved and under construction. The hearing before the County Board of Adjustment is the first step in this process. The City purchased additional land south of Hillcrest Road since 1985 when an original zone change for 572 acres of landfill property was approved. This covers some of the land south of Hillcrest Road but the majority of the land is in the A-1 zoning district. The application covers approximately 232 additional acres for the landfill expansion. Draft site plans were included in the application for illustration purposes. These site plans have not yet been approved by the Montana Department of Environmental Quality (DEQ). DEQ has final permitting authority for any expansion of the landfill. Public hearings and opportunity for public comment will be held by DEQ at the time of application.
 
 

The Planning Division recommends the Board conduct the public hearing and allow public comment on the landfill expansion plans.