Agenda - Planning Commission - 03/06/2008

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'. ..--=-~\ ',f ) :" ;:.~ (.=:J January 25, 2008 I Volume 2] No.2 I i \ ) ------ Spot Zoning-City, county grant zoning change necessary for car auction facility to relocate Neighbor claims approval amounts to 'special legislation' Citation: Povsha v. City of Billings, 2007 MY 353, 2007 WL 4427859 . (Mont. 2007) MONTANA (12/19/07)-Big Sky Auto Auction was a commer- cial car auction facility in the city of Billings. In 2002, the com- pany determined that its existing location could no longer accom- modate its needs due to its growth. Big Sky bought an undeveloped parcel of land from that was outside of the city's urban planning area and the city limits and designated as "agricultural-open." Big Sky applied to the city planning department requesting an expansion of the urban plan- ning area to encompass the property so that it could lawfully op- erate the auction facility. The application asked that the property be designated as an "urban study area" and stated that the requested expansion was "in anticipation of an annexation request for a portion of the ... study area." The city's development review committee held a preliminary review meeting to discuss the proposed zone change. At the meeting, Povsha and other neighboring property own- ers raised numerous concerns regarding the potential incompat- ibility of the proposal with the adjacent residential area and a nearby park. Following the hearing, the zoning commission rec- ommended denial of the zone change due largely to the incom- patibility of the proposed commercial use with the character of the surrounding residential area. However, the city council voted to conditionally approve an- nexation of four of the lots on the subject property with one lot to remain "open-agricultural." Povsha filed a complaint in court seeking to set aside the zoning change. Povsha and the city asked the court for judgment without a tri- al, arguing that that the underlying actions upon which the devel- opment was approved constituted a form of illegal spot zoning or "special legislation" and, thus, were invalid. The city argued that "although reasonable minds could differ as to the advisability of . the development, the actions of the City Council were entitled to presumptive validity." The court granted the city's request for judgment, finding that the zoning change was part of a "gradual and pervasive transition" 9 137