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CITY OF HAMILTON
ZONING COMMISSION HEARING
MONDAY OCTOBER 4, 2021
5:30 PM
AGENDA
Zoning Commission meetings will be conducted in a hybrid format that includes both in-person and
remote participation through the online/phone conferencing platform Zoom. Any member of the
public who wishes to observe or participate is able to attend and make comments in person, on the
Internet or by phone. Detailed instructions on joining and participating via Zoom are available on the
City of Hamilton's website www.cityofhamilton.net or by contacting [email protected].
Meetings are held in Council Chambers upstairs at City Hall, 223 South 2nd Street, Hamilton, MT.
I. Call Meeting to Order
II. Public Comment on Non-Agenda Items
III. Old Business
IV. New Business:
A. Discussion on Potential Updates to Title 17 (Zoning)
• Marijuana
• Special Use Permits
V. Approval of Minutes:
A. August 2, 2021
VI. Open Discussion – Board Members and Staff
VII. Meeting Adjournment
City of Hamilton Planning Department
To: Hamilton Zoning Commission
From: Matthew Rohrbach, City Planner
Date: September 28, 2021
Subject: Marijuana Related Zoning Amendments
Background
Recent state legislation legalized the cultivation, processing, transport, retail, and possession of adult-use marijuana and marijuana products. The Montana State Department of Revenue will begin accepting applications from existing businesses licensed for medical marijuana to convert to adult-use marijuana businesses on January 1, 2022. There are currently no medical marijuana business in the City of Hamilton. New adult-use marijuana business licenses will not be available from the state until July 1, 2023. In anticipation of these dates, and to mitigate impacts to protect health, safety, and general welfare, City of Hamilton planning staff are proposing Title 17 (Zoning) of the Hamilton Municipal Code be amended to address marijuana related land uses.
Staff Recommendation
In drafting the proposed marijuana related zoning regulations outlined below staff consulted recent legislative changes, Department of Revenue draft rules, guidance from the Montana League of Cities and Towns, other Montana municipalities, and Hamilton’s Growth Policy and existing zoning. These proposed regulations are intended to allow for the sale and manufacturing of marijuana in the City of Hamilton while also mitigating impacts related to improper mix of uses, marijuana odor, conversion of homes to marijuana businesses, and noise related to mechanical equipment and alarms.
Under staff’s proposal, Hamilton’s zoning code would:
A. Treat medical and adult-use marijuana the same.
B. Provide new definitions for marijuana, marijuana dispensaries, marijuana manufacturer, andmarijuana cultivation and align those definitions with state classifications to ensure business areproperly classified, regulated based on business activities, and able to operate in appropriatezoning districts. Draft definitions are attached to this memo.
C. Allow marijuana dispensaries as an allowed used in the Highway Related Business District (B-2)and as a conditional use in the Central Business District (CBD).
D. Require that marijuana dispensaries be located a minimum of 100-feet from residential zoningdistricts – Single-Family Residential (RS), Multiple-Family Residential (RM), Residential HighDensity (RH), and Mobile Home Park (MHP), measured from property line to property line.
E. Require that marijuana manufacturers be located a minimum of 300-feet from residential zoning– Single-Family Residential (RS), Multiple-Family Residential (RM), Residential High Density (RH),and Mobile Home Park (MHP), measured from property line to property line.
F. Allow marijuana manufacturing as a conditional use in the Commercial or Manufacturing District(CM) and Manufacturing or Industrial District (MI).
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G. Not allow marijuana cultivation in the City of Hamilton.
H. Not allow marijuana related business as a home occupation
Local and State Law Considerations
A. Under Montana law marijuana dispensaries or manufacturers cannot be located “…within 500feet of and on the same street as a building used exclusively as a church, synagogue, or otherplace of worship or as a school or postsecondary school other than a commercially operatedschool, unless the locality allows for a reduced distance.”
B. Current proposed rules by the Department of Revenue would not allow outdoor signage to usecolloquial terms for marijuana or marijuana products (e.g., pot, reefer, ganja, weed) nor wouldimages or visualization representing useable marijuana products be allowed.
C. Under Hamilton’s current zoning code, marijuana testing laboratories would be allowed in theProfessional Services Business District (PS) as a medical facility, which includes “experimental andtesting laboratories.”
D. Under Montana law marijuana is not considered agriculture.
Next Steps
After discussion at the October 4th Zoning Commission meeting the proposed marijuana regulations will be discussed at the October 12th Committee of the Whole meeting. Based on these discussions staff will draft proposed marijuana zoning amendments for consideration at a Zoning Commission public hearing on November 1, 2021 and two City Council public hearings on November 16th and December 7, 2021. Barring any continuations of the public hearings the anticipated effective date will be January 6, 2021.
_______________________________________________________
Proposed Marijuana Definitions:
Marijuana: All plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination. The term does not include hemp, including any part of that plant, including the seeds and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3% on a dry weight basis, or commodities or products manufactured with hemp, or any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
Marijuana Cultivation: A use operated by a person licensed by the State of Montana to (a) plant, cultivate, grow, harvest, and dry marijuana; and (b) package and relabel marijuana produced at the location in a natural or naturally dried form that has not been converted, concentrated, or compounded for sale through a licensed dispensary.
Marijuana Dispensary: A registered premises from which a person or entity licensed by the State of Montana may obtain marijuana or marijuana products from a licensed cultivator, manufacturer, dispensary, or other licensee approved by the State; and sell marijuana or marijuana products to registered cardholders, adults that are 21 years of age, or both.
Marijuana Manufacturing: A use operated by a person licensed by the State of Montana to convert or compound marijuana into marijuana products, marijuana concentrates, or marijuana extract and package, repackage, label, or relabel marijuana products.
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City of Hamilton Planning Department
To: Hamilton Zoning Commission
From: Mark Rud, Planner I
Date: September 28, 2021
Subject: Special Use Permit Zoning Amendments
Background
The purpose of this memo is to address considerations for updating Title 17 (Zoning) of the Hamilton
Municipal Code regarding Special Use Permits.
Background
During the August 2, 2021 Zoning Commission meeting, city planning staff were directed to draft proposed
zoning amendments regarding Special Use Permits (SUP). Per that discussion, several elements of Title
17 are proposed for amendment, as follows:
• Chapter 17.64, Transitional Neighborhood Business District (B):
o Increase to 12,000 square feet from 6,000 square feet those buildings requiring a SUP
• Chapter 17.68, Local Business District (B-1):
o Increase to 24,000 square feet from 12,000 square feet those buildings requiring a SUP
• Chapter 17.104, Sign Regulations:
o Remove “wall graphics” (murals) from signs requiring a SUP
Attached to this memo are the zoning text amendments for the Zoning Commission’s consideration.
Next Steps
At the Zoning Commission’s direction, staff propose bringing these zoning text amendments to a public
hearing at the next regular Zoning Commission meeting on November 1, 2021.
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Chapter 17.64 TRANSITIONAL NEIGHBORHOOD BUSINESS DISTRICT (B)
17.64.045 Special uses.
The following uses must comply with the height regulations of Section 17.64 and with the regulations set forth in Chapter 17.122 (Special Use Permits) prior to issuance of a building permit.
A. Buildings in excess of six thousand (6,000) twelve thousand (12,000) square feet of total enclosed floor area.
B. New buildings with less than six thousand (6,000) twelve thousand (12,000) square feet of total enclosed floor area but which do not conform to the City of Hamilton Building and Site Design Guidelines including Appendix A - Additional Design Guidelines For the Central Business Zone District and the Historic Downtown Area or exterior renovations of existing buildings visible from a public street or pedestrian way which do not conform to the City of Hamilton Building and Site Design Guidelines including Appendix A - Additional Design Guidelines For the Central Business Zone District and the Historic Downtown Area.
Chapter 17.68 LOCAL BUSINESS DISTRICT (B-1)
17.68.045 Special uses.
The following uses must comply with the height regulations of Section 17.68 and with the regulations set forth in Chapter 17.122 (Special Use Permits) prior to issuance of a building permit.
A. Buildings in excess of twelve thousand (12,000) twenty-four thousand (24,000) square feet of total enclosed floor area.
B. New buildings with less than twelve thousand (12,000) twenty-four thousand (24,000) square feet of total enclosed floor area but which do not conform to the City of Hamilton Building and Site Design Guidelines including Appendix A - Additional Design Guidelines For the Central Business Zone District and the Historic Downtown Area or exterior renovations of existing buildings visible from a public street or pedestrian way which do not conform to the City of Hamilton Building and Site Design Guidelines including Appendix A - Additional Design Guidelines For the Central Business Zone District and the Historic Downtown Area.
Chapter 17.104 SIGN REGULATIONS
17.104.040 General sign regulations.
The following general regulations shall apply to all signs in all zone districts:
(j) Wall graphics shall be allowed within the city with the approval of a special use permit as set
forth in Section 17.122.
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City of Hamilton Planning Dept 920 New York Ave
Hamilton, Montana 59840
MINUTES OF THE CITY OF HAMILTON
ZONING COMMISSION HEARING
AUGUST 2, 2021
Members present: Brett Mollenhauer, Jessica Randazzo, Roch Turner, Jenny West, Vivian Yang 1
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Members absent: Karen Hughes 3
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Also present: Matthew Rohrbach, City Planner; Mark Rud, Planner I 5
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I. Chairman Roch Turner opened the Zoning Commission meeting at 5:32pm.7
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II. Public Comment on Non-Agenda Items:9
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Kent Barbian spoke on public comments that Chair Turner made a previous City Council 11
meeting. He stated his concerns for neighboring property owners, urging consideration for 12
those residents most affected by decisions. 13
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III. OLD BUSINESS: None.15
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IV. NEW BUSINESS:17
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A. Zoning Request #2021-07 – A proposal made by the City of Hamilton to amend the text19
of Title 17 (Zoning) of the Hamilton Municipal Code, to add a Chapter for the Planned20
Unit development (PUD) Overlay District and add a definition for affordable housing.21
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Public hearing opened at 5:36pm. 23
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Staff Comments: Mr. Rohrbach presented on the proposed Planned Unit Development (PUD) 25
Chapter addition to Title 17 (Zoning). It would allow for some discretionary review for large-26
scale development projects. The amendments would create a review process requiring a zone 27
map amendment, potentially concurrent with subdivision and/or annexation applications. Mr. 28
Rohrbach summarized the text of the proposal, including allowed zones, intent, building and 29
site design guidelines, standards eligible for deviation, process for review and approval, and 30
review criteria, as well as the new affordable housing definition. He recommended approval 31
for the zone text amendment as provided in the Staff Report. 32
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Board Discussion: Ms. Randazzo asked for clarification on area median incomes relating to 34
the “affordable housing” definition. Ms. Yang identified a typographic error for correction. 35
Ms. Randazzo asked for clarification on the allowed phasing process, considering risks. 36
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Public Comment: Kent Barbian asked about the status of previous PUD’s. Mr. Rohrbach 38
explained that approved PUD master plans apply for future development on those parcels. Mr. 39
Barbian signaled his approval of the 2-acre minimum parcel size for proposals. 40
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Public hearing closed at 6:07pm. 42
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MOTION by Roch Turner: Having reviewed and considered the staff report, application 44
materials, public comment, and all information presented, I hereby move to adopt the findings 45
presented in the staff report for Zoning Request 2021-07 and recommend approval of the 46
proposed City of Hamilton zoning ordinance text amendment, as amended. 47
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SECOND by Ms. Yang. 49
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No further discussion. 51
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VOICE VOTE called by Mr. Turner. Approved unanimously. Motion CARRIES. 53
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B. Discussion on Potential Updates to Title 17 (Zoning) 56
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a. Special Use Permit Procedures 58
Mr. Rohrbach presented on the current Special Use Permit (SUP) approval 59
procedures, highlighting their intent, procedures, and review criteria. SUP proposals 60
would have a roughly 2-4 month approval process between Staff, the Planning Board, 61
and City Council. SUP’s are required for Central Business District development and 62
exterior remodels, new developments in the Transitional Neighborhood Business (B) 63
District over 6,000 square feet, new development in the Local Business (B-1) District 64
over 12,000 feet, and Highway Related Business (B-2) District over 60,000 square 65
feet. He reviewed the submittal requirements, noting they are generally more strict 66
than other zoning requirements. He suggested that potential amendments would 67
better meet the balance between the need for health, safety and welfare and local 68
development demand. He showed examples of existing large square footage 69
structures in Hamilton that would trigger these standards if proposed today, and that 70
pending proposals on smaller lots in respective Districts would do so. He suggested 71
future amendments could remove the SUP requirement in the B and B-1 Districts, or 72
enlarging the minimum square footage for those, and removing murals from required 73
SUP uses. 74
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Commission Discussion: Ms. Randazzo discussed the development size minimums, 76
and conveyed the protection intentions sought by the original approval of the existing 77
SUP standards. Mr. Rohrbach sought Commission direction for any potential 78
changes during a future public hearing. Mr. Turner recommended further discussion 79
on the next agenda in September. 80
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Public Comment: Ken Barbian inquired if Public and Institutional (PI) District 82
parcels would be included in the SUP updates. Mr. Rohrbach clarified that the SUP 83
process would only be triggered by size, and is distinct from the CUP process of the 84
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PI District. 85
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b. Supportive Housing87
Mr. Rud presented on a Staff originated draft definition for supportive housing and88
respective zone text amendments that would apply to their conditional use in the89
Public and Institutional (PI) District. He noted a developer had pre-proposal90
discussions with Staff about a tiny home village for populations at risk of91
homelessness, a style of housing development not easily facilitated by existing Title92
17 (Zoning). The draft amendments would conditionally allow residential units in the93
PI District only by certain entities already identified for the District, and would94
require approval of a conditional use permit by the Zoning Board of Adjustment for95
all development as with all developments zoned PI.96
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Commission Discussion: Commissioners asked for clarification on the proposal that 98
triggered Staff exploration into supportive housing. Mr. Rohrbach replied that no 99
formal proposal had been submitted. Mr. Turner indicated the subject should be left 100
open for future Commission discussion, with the staff memo intersecting a variety of 101
important topics for conversation. 102
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Public Comment: None. 104
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c. Marijuana106
Mr. Rud presented a broad overview on recreational marijuana. The City’s existing107
moratorium would likely not be allowed to carry on indefinitely due to Ravalli108
County’s majority approval of Initiative 190 in the November 2020 election. Though109
legislation that enacted the Initiative has yet to be codified and Staff will seek110
continued legal guidance, it appears a broad range of legalized cannabis land uses111
cannot be outright prohibited, and instead must be regulated through other local112
government mechanisms such as zoning. He clarified that because of the existing113
moratorium and lack of medical marijuana dispensaries in Hamilton, the State will114
not begin accepting applications for local recreational dispensaries until July 2023.115
He noted there is clear guidance regarding required buffers from churches and116
schools, and presented a map showing a rough buffer around those existing117
institutions. Mr. Rud and Mr. Rohrbach recommended the Commission begin118
consideration of appropriate zoning for recreational and medical marijuana facilities.119
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Public Comment: None. 121
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V. Approval of Minutes: May 10, 2021123
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Ms. Yang noted several scrivener’s errors for correction. 125
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MOTION by Ms. Yang: to approve the minutes, with amendments. 127
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SECOND by Ms. West. 129
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No further discussion. 131
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VOICE VOTE approved unanimously. Motion CARRIES. 132
133
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VI. Open Discussion – Board Members and Staff:135
Mr. Rohrbach noted that parking would be up for discussion. Next meeting is 2nd Monday136
of September (the 13th).137
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Mr. Barbian asked to briefly speak with interested Commissioners and Staff following the 139
conclusion of the meeting. 140
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VII. MOTION by Ms. Randazzo: to adjourn the meeting.143
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SECOND by Mr. Turner. 145
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No further discussion. 147
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VOICE VOTE approved unanimously. Motion CARRIES. 149
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Meeting adjourned at 6:57pm. 152
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__________________________ ______________________________ 157
Mark Rud Roch Turner 158
Planner I Chairman 159
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