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Item 4.
 
City Council Regular
Date: 09/13/2021
Title: Zone Change 994- Public Hearing and 2nd Reading
Presented by: Monica Plecker
Department: Planning & Community Services
Presentation: Yes

RECOMMENDATION

The City Council held its first reading public hearing for Zone Change 994 on August 23, 2021, and approved the zone change on first reading. The Zoning Commission had recommended approval of Zone Change 994, based on the findings of the 10 review criteria. A second reading and public hearing is required to approve the ordinance. Staff recommends the City Council vote to approve the zone change on second reading.
 

BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

This is a Zone Change request from Rural Residential 1 (RR1) to Neighborhood 3 (N3), in order to annex a property into the City to have access to city service like water and sewer. The pending annexation petition requires the property rezoning to an appropriate City zoning district as RR1 is a Yellowstone County zone district and is not recognized by the City. The applicant has requested to rezone the property to N3. The N3 zone district is intended for residential neighborhoods primarily developed with single-family residences. The property is two parcels and held under single ownership. There is an existing single-family home on the westerly parcel and the easterly parcel acts as the yard for the residence. The N3 zone allows a primary structure per 65 feet of frontage. Though the applicant has no plans to develop the easterly lot, it could be developed in the future with a single-family home in accordance with the N3 zoning.

STAKEHOLDERS

The applicant and agent conducted a pre-application neighborhood meeting on June 17th. 169 invitations were sent and 4 people attended all of whom voiced support of the application.  The Planning Division received one letter in support from the surrounding property owners. The pre-application meeting notes are included as an attachment. The Zoning Commission conducted a public hearing on August 3, 2021, and received the staff recommendation. No other testimony was received either in person or by telephone at the hearing. Commission member Trina White moved to recommend approval and adoption of the findings of the ten criteria for Zone Change 994. The motion was seconded by Commission member Dan Brooks and the motion was approved on a 4-0 vote.

The City Council held its first public hearing and first reading on August 23, 2021, and received the Zoning Commission recommendation and testimony from the applicant. There were no other comments from the public. 

The City Council approved the zone change on first reading with a unanimous vote.

ALTERNATIVES

The City Council may:
  • Adopt the findings of the 10 criteria as recommended by the Zoning Commission and approve the application; or
  • Amend the findings of the 10 criteria as recommended by the Zoning Commission and approve or deny the application; or
  • Delay action up to 30 days.

FISCAL EFFECTS

The approval or denial of the requested zone change should have no effect on the Planning Division budget.
 

Attachments