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CITY ZONING COMMISSION AGENDA-Tuesday, August 3, 2021, 4:30 p.m. Miller Building, 1st Floor Conference Room 2825 3rd Avenue North, Billings, Montana |
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NOTICE TO THE PUBLIC
The City Zoning Commission will hold its public hearing in the 1st Floor Conference Room at 2825 3rd Avenue North (Miller Building). All interested persons are invited to attend in person or view the meeting on-line on the Billings-Planning & Community Services Facebook Page here; https://www.facebook.com/Billings-Planning-Community-Services-Department-1738982159659260/?ref=bookmarks .
A public comment phone line is available for on-line viewers to provide testimony during the specific Public Comment periods announced by the Chairman during the hearings. The call in phone number is (406)237-6165. All callers will be in a queued system and are asked to remain on hold and be patient. Calls will be taken in the order in which they are received. Callers will be restricted to 3 minutes of testimony as is customary. Written comments may also be sent to Commission via email before 1:00 PM on Tuesday, August 3, 2021. All emails received prior to this time will become part of the record for the public hearings. |
Call the meeting to order.
Introduction of City Zoning Commission Members and Planning Department Staff.
Public Comment
Motion. Approval of Minutes: July 6, 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 994
–2930 US Highway 3 - RR1 to N3 -- A request to change from Residential Rural (RR1) to Suburban Neighborhood Residential (N3) on Tr. 1A1 and 1A2, Certificate of Survey 266, a 3.19 acre parcel of land. A pre-application neighborhood meeting was held on June 16, 2021, at 2940 Poly Drive. Tax ID: A20303.
b.
Zone Change 995 - Cherry Island Subdivision - RR1 and P1 to N3 - zone change request with a concurrent petition to annex to the city limits and a preliminary major subdivision on a 10-acre portion of Lot 2, Block 1 of Cherry Creek Estates Subdivision. The parcel is generally located east of rural residential parcels on the east side of Bitterroot Drive, north of the southern leg of Cherry Creek Loop. The current zoning of the property is Rural Residential 1 (RR1), a county zone district, and Public 1 (P1) for a small portion already annexed to the city. The applicant held a pre-application neighborhood virtual meeting on June 17, 2021. The previous zoning of the property was Residential 9,600 (R-96) on the county portion and Public (P) on the annexed portion of the lot. There is RR1 zoning to the north, Large Lot Suburban Neighborhood (N4) to the west, Residential Manufactured Home (RMH) zoning in the Cherry Creek Manufactured Home Park to the east, and south will remain in the P1 zone district.
c.
Zone Change 996 -
a zone change in Harmony Meadows Subdivision that will affect 19 lots with a total area of about 54.5 acres of undeveloped land. The current zoning of the property is Corridor Mixed Use 2 (CMU2) and Mixed Residential 2 (NX2) and prior to the code update in February 2021, the zoning was a mixture of Highway Commercial (HC), Community Commercial (CC) and Residential Multi-family-Restricted (RMF-R) zoning. The existing development in Harmony Meadows consists of several multi-unit apartment buildings ranging from 6 to 8 units in side-by-side dwelling unit structures. The apartment and patio home development density is about 8 to 8.5 dwelling units per acre or about 5,000 square feet of lot area per dwelling unit. The existing development is zoned as Mixed Residential 2 (NX2). This zoning allows 2 to 8 dwelling units in a single structure.
d.
City Zone Change 997 – 645 S 48th Street West - from A to MU-PND-
A zone change request from Agricultural (A) to Mixed Use Planned Neighborhood Development consisting of Corridor Mixed Use 1 (CMU1), Mixed Residential 2 (NX2), Mid-Century Neighborhood Residential (N2) and Parks and Open Space (P1) on Tract 2C, 2-G-1, 14, and 2-H-1 of Certificate of Survey 983, a 65.873 acre parcel of land. A pre-application neighborhood meeting was held on June 23, 2021, in virtual meeting format. Tax ID: D00511, D00512, D00513A & D00513B
Other Business/Announcements
Adjournment
The City Council has designated Monday, August 23, 2021, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation and conduct a public hearing for the first reading of the ordinance for this zone change request. If approved on first reading, a second reading public hearing will occur on Monday, September 13, 2021 at 5:30 pm.
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 3rd Avenue North, 4th 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
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 3rd Avenue North, 4th 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