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FINAL RESOLUTION to REVISE the TEXT and MAP of the CASCADE COUNTY ZONING REGULATIONS Resolution #21-13

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FINAL RESOLUTION to REVISE the TEXT and MAP of the CASCADE COUNTY ZONING REGULATIONS Resolution #21-13 BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE MATTER OF A FINAL RESOLUTION TO REVISE THE TEXT AND MAP OF THE CASCADE COUNTY ZONING REGULATIONS Resolution #21-13 WHEREAS, under the provisions of Title 76, Chapter 2, Part 2, Montana Code Annotated, the Board of County Commissioners is authorized to adopt zoning regulations; and WHEREAS, a Zoning District and Regulations therefore was created by Resolution passed by the Board of County Commissioners on April 26, 2005, as documented on Resolution 05-018 on file in the Office of the Clerk and Recorder of Cascade County; and WHEREAS, Montana Code Annotated, Section 76-2-205 allows the Board of County Commissioners to amend zoning regulations; and WHEREAS, in accordance with Section 76-2-204, Montana Code Annotated, and Section 14 of the Cascade County Zoning Regulations, the Board of County Commissioners shall require the County Planning Board to act as a zoning commission to recommend appropriate regulations for the various zoning districts; and WHEREAS, the Cascade County Planning Board held a public hearing on February 19, 2019, for the purpose of gathering public comments regarding the proposed text and map revisions initiated by the Planning Department, and legal notice for this public hearing was published in the Great Falls Tribune on Sunday, February 3, 2019, and Sunday, February 10, 2019; and WHEREAS, the Cascade County Planning Board held a public hearing on March 26, 2019, to consider the text and map revisions and legal notice of this public hearing was published in the Great Falls Tribune on Sunday, February 24, 2019, and Sunday, March 3, 2019; and WHEREAS, the Cascade County Planning Board held a public hearing on May 21, 2019 and directed the Planning Department to draft a revised policy for medical marijuana registered premises and proposed expanding the use to the Commercial District; and WHEREAS, the Planning Board held a public hearing on June 12, 2019 whereby the matter was tabled, and legal notice of this public hearing was published in the Great Falls Tribune on Wednesday, May 29, 2019, and Wednesday, June 5, 2019; and WHEREAS, the Cascade County Planning Board held a public hearing on July 23, 2019 whereby the item was tabled, and legal notice of this public hearing was published in the Great Falls Tribune on Sunday, July 14, 2019, and Sunday, July 21, 2019; and WHEREAS, the Cascade County Planning Board held a public hearing on August 20, 2019 whereby the item was tabled with the intent of resuming consideration at the next public hearing in September, and legal notice of this public hearing was published in the Great Falls Tribune on Sunday, August 11, 2019, and Sunday, August 18, 2019; and WHEREAS, legal notice of the public hearing to be held on September 10, 2019, regarding the revisions were published in the Great Falls Tribune on Sunday, September 1, 2019, and Sunday, September 10, 2019; and WHEREAS, the Cascade County Planning Board during the public hearing on September 10, 2019, discussed the text and map revisions to the Cascade County Zoning Regulations and passed the following motions for recommendation upon a finding they were in accordance with the Cascade County Growth Policy and § 76-2-203, Montana Code Annotated, to the Board of County Commissioners: 1) Add the definition “Medical Marijuana Registered Premise” to be explicitly included in both CCZR §2 “Definitions” and in CCZR §7 for the respective Districts in the Regulations, and to allow medical marijuana as a permitted principal use in the Agricultural, Mixed Use 20, Commercial, Light Industrial and Heavy Industrial Districts; 2) Add the definition “Medical Marijuana Testing Facility” to be explicitly included in both CCZR §2 “Definitions” and in CCZR §7 for the respective Districts in the Regulations, and to allow medical marijuana as a permitted principal use in the Agricultural, Mixed Use 20, Commercial, Light Industrial and Heavy Industrial Districts; 3) Deny the proposed map amendment creating a “Mixed Use – 40” District; 4) Retain the current Agricultural District; 5) Adopt the remaining Planning Department proposed text and map revisions in CCZR §§ 1 through 18; and 6) Adopt the text revisions and map boundaries for the Mixed Use – 20 District. WHEREAS, the Cascade County Planning Board is performing in an advisory capacity to the Board of County Commissioners regarding zoning and has provided a written report to the County Commissioners regarding the above-mentioned amended sections; and WHEREAS, legal notice of the public hearing scheduled for November 12, 2020 before the Board of County Commissioners regarding the revisions was published in the Great Falls Tribune on Sunday, September 27, 2020, and Sunday, October 4, 2020; and WHEREAS, legal notices of the public hearing scheduled for November 12, 2020 before the Board of County Commissioners regarding the revisions was posted on September 24, 2020 in at least five public places; and WHEREAS, the Board of County Commissioners held a public hearing on November 12, 2020 regarding the Planning Board’s recommendations and after close of the public hearing adopted the recommended map amendments to the Black Eagle area rezoning the identified properties current zoned Urban Residential and Commercial District to a Mixed Use District and tabled further discussion for November 18, 2020; and WHEREAS, the Board of County Commissioners held a public meeting on November 18, 2020 regarding the remaining Planning Board’s recommendations and upon a finding the following actions were in accordance with the Cascade County Growth Policy and § 76-2-203, Montana Code Annotated: 1) Adopted the Mixed Use 20 District and new Agricultural District with modification to the text, with exception of tabling the discussion and action on the “Federal Firearm Retailers, Dealers, Repairers” land use for additional information; 2) Adopted the remaining revisions to §§ 1 through 18 of the Regulation with modification to the text, exclusive of any medical marijuana-related changes and tabled further discussion and action on the proposed definitions in CCZR § 2 for “Alcohol Distillery” and “Micro-Brewery”; 3) Adopted the Medical Marijuana definitional changes to CCZR § 2 with modification; 4) Adopted the Medical Marijuana Setback in CCZR § 8.22 and incorporated into all enumerated medical marijuana land uses for the respective zoning district with modification; and 5) Denied the Planning Board’s recommendation to allow “medical marijuana registered premises” and “medical marijuana testing facilities” to be allowed in the Agricultural, Mixed Use – 20, Commercial, and Light Industry District and retained such land uses to remain permitted in the Heavy Industrial District. WHEREAS, the Board of County Commissioners held a public meeting on November 24, 2020 regarding the remaining Planning Board’s recommendations and upon a finding the following actions were in accordance with the Cascade County Growth Policy and § 76-2-203, Montana Code Annotated: 1) Adopted the modified definition in CCZR § 2 for “Alcohol Distillery” and “Micro- Brewery”; and 2) Modified the Planning Board’s recommendation to require “Federal Firearm Retailers, Dealers, Repairers” as a use permitted upon issuance of a special use permit in the Mixed Use – 20 and Agricultural District to allowing the land use as a permitted principal use. WHEREAS, on December 31, 2020, and January 3, 2020, the Board of County Commissioners did cause to be published in the Great Falls Tribune a “Public Notice of Passage of Resolution of Intention to Revise the Text and Map of the Cascade County Zoning Regulations”; and WHEREAS, the Public Notice established and provided for a thirty (30) day protest period for receipt of written protest; and WHEREAS, there has not been sufficient protest to prevent the revisions to the text and map of the Cascade County Zoning Regulation. NOW, THEREFORE BE IT RESOLVED by the Board of County Commissioners of Cascade County as follows: The Cascade County Zoning Regulations are hereby revised as set forth in Exhibit A “Cascade County Zoning Regulations” attached hereto and by this reference incorporated herein. This Resolution shall take and be in full force and effect as of the date set forth herein below. Passed by the Board of County Commissioners of Cascade County, Montana, this 23rd day of February, 2021. BOARD OF COUNTY COMMISSIONERS CASCADE COUNTY, MT __________________________________ Joe Briggs, Chairman __________________________________ James L. Larson, Commissioner __________________________________ Don Ryan, Commissioner Attest On this _______ day of February, 2021, I hereby attest the above-written signatures of the Cascade County Board of Commissioners. ________________________________________________ Rina Fontana Moore, Cascade County Clerk and Recorder * APPROVED AS TO FORM: Josh Racki, County Attorney ___________________________ Deputy County Attorney * The County Attorney has provided advice and approval of the foregoing document language on behalf of the Board of Cascade County Commissioners, and not on behalf of other parties or entities. Review and approval of this document by the County Attorney was conducted solely from a legal perspective and for the exclusive benefit of Cascade County. Other parties should not rely on this approval and should seek review and approval by their own respective counsel..
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