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CITY ZONING COMMISSION AGENDA-Tuesday, June 1, 2021, 4:30 p.m. Virtual meeting |
VIDEO CONFERENCE FORMAT
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NOTICE TO THE PUBLIC
**ATTENTION**
Due to the COVID-19 health concerns, this meeting will be held in a virtual videoconferencing environment. Zoning Commission members will attend the meeting via a remote location, using a virtual meeting method. The regular meeting rooms will be closed during the meeting. In order to honor the Right of Participation and the Right to Know in Article II, sections 8 and 9, of the Montana Constitution, the City/County Planning Division is making every effort to meet the requirements of the open meeting laws. Citizens are invited to:
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Call the meeting to order.
Introduction of City Zoning Commission Members and Planning Department Staff.
Public Comment
Approval of Minutes:
The minutes of the Board meeting of May 4, 2021
Disclosure of any Conflict of Interest-Members of the Commission and Staff
Disclosure of an Outside (Ex Parte Communication)-Members of the Commission and Staff
a.The Exparté Communication Binder is available at the Sign-In and Agenda Station.
a.The Exparté Communication Binder is available at the Sign-In and Agenda Station.
Regular Business:
A.
Opening of public hearings.
B.
Reading of rules for the procedure by which the public hearings will be conducted.
C.
Reading of notices of the public hearings on the following items:
Public Hearings:
a.
City Zone Change 992 – 117/119 Glenhaven Drive - A zone change from N3 – Suburban Neighborhood to N2 – Mid-Century Neighborhood on Lot 2, Block 29 of Lake Hills Subdivision, 5th Filing, an 18,466 square foot parcel of land. The purpose of the zone change is to allow an existing two-family dwelling to be conforming to the zone district. Presented by: Karen Husman, Planner I
b.
Zone Change 993 - South Billings Boulevard Urban Renewal District - 3508 South Frontage Road; Jackson Street; 6014 South Billings Blvd.-This is a zone change request to change the zoning on three properties that are being annexed into the City and are proposed to be included in the South Billings Boulevard Urban Renewal District (SBBURD). The annexation process and SBBURD expansion process are being run in coordination with these zone changes. The zone change process for these properties is following BMCC Section 27-1615 since the properties must be annexed into the City to be included in the SBBURD, they also must be rezoned to City zoning districts as they come into the City. The property owners are all in support of this process as they all want to be included in the SBBURD.The zoning proposed for the three properties, applicant information, tax identification, and current uses are as follows:
3508 S Frontage Rd: A zone change from A- Agriculture to CX – Heavy Commercial on Section 15, Township 1 South , Range 26 East, the South Fraction of Lots 2 & 3 (LESS HWY & C/S 2394) generally located at 3508 S Frontage Road, a 35.94 acre parcel of land, Driscoll Family, LP, owner. Tax ID: D01863. Property has been used for agricultural operations but has been purchased by Torgerson's, the farm equipment dealer in Billings for development.
Jackson Street (vacant property at the northeast corner of the intersection of Jackson Street and King Avenue East): A zone change from RR1 – Rural Residential 1 to NX1 – Mixed Residential 1 (south of 735 Jackson St) and N2 – Mid-Century Neighborhood (east and north of 735 Jackson St) on C/S 2367M, Parcel B2 a 3.522 acre parcel of land, generally located on Jackson St, Jason Adkins, owner. Tax ID: D01711B. Property is vacant but owner plans for residential development.
6014 S Billings Blvd: A zone change from A- Agriculture to P2 – Public 2 on Section 17, Township 1S, Range 26 East, N2N2N2SE (Less .0774 acres -Highway) a 19.923 acre parcel of land, generally located at 6014 S Billings Blvd, City of Billings, owner. Tax ID: D01893. Property has been used for agricultural operations but was recently acquired by the City of Billings for future expansion of its service operations.
3508 S Frontage Rd: A zone change from A- Agriculture to CX – Heavy Commercial on Section 15, Township 1 South , Range 26 East, the South Fraction of Lots 2 & 3 (LESS HWY & C/S 2394) generally located at 3508 S Frontage Road, a 35.94 acre parcel of land, Driscoll Family, LP, owner. Tax ID: D01863. Property has been used for agricultural operations but has been purchased by Torgerson's, the farm equipment dealer in Billings for development.
Jackson Street (vacant property at the northeast corner of the intersection of Jackson Street and King Avenue East): A zone change from RR1 – Rural Residential 1 to NX1 – Mixed Residential 1 (south of 735 Jackson St) and N2 – Mid-Century Neighborhood (east and north of 735 Jackson St) on C/S 2367M, Parcel B2 a 3.522 acre parcel of land, generally located on Jackson St, Jason Adkins, owner. Tax ID: D01711B. Property is vacant but owner plans for residential development.
6014 S Billings Blvd: A zone change from A- Agriculture to P2 – Public 2 on Section 17, Township 1S, Range 26 East, N2N2N2SE (Less .0774 acres -Highway) a 19.923 acre parcel of land, generally located at 6014 S Billings Blvd, City of Billings, owner. Tax ID: D01893. Property has been used for agricultural operations but was recently acquired by the City of Billings for future expansion of its service operations.
Other Business/Announcements
Adjournment
Before taking any action on an application for a
zone change, the City Council shall first consider the findings and recommendations of the City Zoning Commission. In no case shall the City Council approve a zone change other than the one advertised. The City Council shall take one of the following actions on the zone change requests: 1) approve the application; 2) deny the application; 3) allow withdrawal of the application; or 4) delay the application for a period not to exceed thirty (30) days.
As provided in Montana Code Annotated, Section 76-2-305(2), in the event of a protest petition against such zone change signed by the owners of twenty-five (25) percent or more of: (1) the area of the lots included in any proposed change; or (2) those lots or units, as defined in MCA 70-23-102, one hundred fifty (150) feet from a lot included in a proposed change, such proposed amendment shall not become effective except by the favorable vote of two-thirds ( 2/3) of the present and voting members of the city council. For purposes of this protest provision interest in the common elements of the condominium, as expressed in the declaration, included in the calculation of the protest. If the property, as defined in 70-23-102, spans more than one lot, the percentage of the unit owner's undivided interest in the common elements must be multiplied by the total number of lots upon which the property is located. The percentage of the unit owner's undivided interest must be certified as correct by the unit owner seeking to protest a change or by the presiding officer of the association of unit owners. The protest petition must be received in the Planning Division office by 5:00 p.m. on the Friday preceding the first reading of the ordinance by the City Council.
Testimony regarding the above-mentioned item may also be submitted in writing to the Planning Division, 2825 3 rd Avenue North, 4 th Floor, Miller Building, Billings, MT 59101 (247-8676) or to the Mayor and City Council, P.O. Box 1178, Billings, MT 59103.
Additional information on any of these items is available in the Planning and Community Services Office. Public hearings are accessible to individuals with physical disabilities. Special arrangements for participation in the public hearings by individuals with hearing, speech, or vision impairment may be made upon request at least three days prior to the hearing. Please notify Robbin Bartley, Administrative Assistant, at 247-8676 or e-mail to bartleyr@billingsmt.gov
As provided in Montana Code Annotated, Section 76-2-305(2), in the event of a protest petition against such zone change signed by the owners of twenty-five (25) percent or more of: (1) the area of the lots included in any proposed change; or (2) those lots or units, as defined in MCA 70-23-102, one hundred fifty (150) feet from a lot included in a proposed change, such proposed amendment shall not become effective except by the favorable vote of two-thirds ( 2/3) of the present and voting members of the city council. For purposes of this protest provision interest in the common elements of the condominium, as expressed in the declaration, included in the calculation of the protest. If the property, as defined in 70-23-102, spans more than one lot, the percentage of the unit owner's undivided interest in the common elements must be multiplied by the total number of lots upon which the property is located. The percentage of the unit owner's undivided interest must be certified as correct by the unit owner seeking to protest a change or by the presiding officer of the association of unit owners. The protest petition must be received in the Planning Division office by 5:00 p.m. on the Friday preceding the first reading of the ordinance by the City Council.
Testimony regarding the above-mentioned item may also be submitted in writing to the Planning Division, 2825 3 rd Avenue North, 4 th Floor, Miller Building, Billings, MT 59101 (247-8676) or to the Mayor and City Council, P.O. Box 1178, Billings, MT 59103.
Additional information on any of these items is available in the Planning and Community Services Office. Public hearings are accessible to individuals with physical disabilities. Special arrangements for participation in the public hearings by individuals with hearing, speech, or vision impairment may be made upon request at least three days prior to the hearing. Please notify Robbin Bartley, Administrative Assistant, at 247-8676 or e-mail to bartleyr@billingsmt.gov