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CITY ZONING COMMISSION AGENDA-Tuesday, February 1, 2022, 4:30 p.m. Billings Public Library, Community Room 510 North Broadway, Billings, Montana 59101 |
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NOTICE TO THE PUBLIC
**ATTENTION**
In the event a quorum of the Council is present, no City-related decisions will be made during this meeting or event. 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 January 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.
Zone Change 1005 - 934 Lewis Ave - This is a zone change request from CMU1 (Corridor Mixed Use 1) to CMU1, NX1 (Mixed Residential 1) and NX3 (Mixed Residential 3), on Parcel 1 COS 2474, an 8.02 acre parcel located at 934 Lewis Ave (Elks Lodge & Tennis Center property).
b.
City Zone Change 1006 – 1204 Howard Ave – from N1 to NX1 - A zone change request from N1 (First Neighborhood Residential) to NX1 (Mixed Residential 1), on Block 2, Lots 1-2 of the West Billings Heights Subdivision, a 7,000 square foot parcel located at 1204 Howard Avenue. The purpose of the zone change is to allow the existing duplex to be modified into a 4-unit structure. A pre application neighborhood meeting was held on December 18, 2021.Presented by Karen Husman, Planner I
c.
City Zone Change 1007 – Emma Jean Heights – from N2 to N3 - A zone change request from N2 (Mid-century Neighborhood Residential) to N3 (Suburban Neighborhood Residential), on 51 parcels in the Emma Jean Heights Subdivision located off Bitterroot Dr. A pre application neighborhood meeting was held on December 11, 2021.
d.
Zone Change 1009 - Zimmerman Home Place -This is a zone change request for two lots within the Zimmerman Home Place Subdivision that are requesting annexation to the city. The current zoning was updated from the previous County adopted zoning of Residential 7,000, Residential 5,000, Residential 9,600, Public and Residential Multi-family-Restricted was adopted by the County in August 2016. When the County and City updated the zoning regulations in 2020 and 2021, new zoning districts were placed on these two lots that reflected to the maximum extent the previous zoning districts. The current zoning of these lots is N3 - Suburban Neighborhood (1 family dwellings), NX1 - Mixed Residential (1-4 family dwellings), NX3 - Mixed Residential 3 (5 and up attached dwellings), and P1 - Parks and Open Space. The arrangement of the current zoning districts is shown on the Zoning Map attachment. The proposed zoning intends to eliminate the N3-Suburban Neighborhood zoning from the northern edge of Lot 1 in Block 2 and replace it with N2 - Mid-century Neighborhood (1 and 2 family dwellings). The applicant also proposes to re-arrange the P1 zoning to be more distributed throughout the NX3 zone district and increases the area from 2.67 acres in Lot 1, Block 2 to 4.32 acres. In Lot 1 of Block 1, the applicant proposes to eliminate the 4.79 acres of N3 zoning on the northern part of the parcel and replace it with 1.02 acres of P1 adjacent to Colton Boulevard and 3.77 acres of NX1 zoning. This will match the southern 12.90 acres of existing NX1 zoning in Lot 1 Block 1.
Other Business/Announcements
Adjournment
The City Council has designated Monday, February 28, 2022, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation for the zone change and hold their public hearing. The City Council meets on the 2nd Floor of City Hall at 210 N 27th St. For zone change requests the Council will conduct a public hearing for the first reading of the ordinance on February 28, 2022. If approved on first reading, a second reading public hearing will occur on Monday, March 14, 2022 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