 |
CITY ZONING COMMISSION AGENDA-Tuesday, May 2, 2023, 4:30 p.m. City Council Chambers, 2nd Floor, City Hall 210 N 27th, , Billings, Montana |
|
NOTICE TO THE PUBLIC
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:
|
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 April 4, 2023.
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 1023 – Wicks Lane and Bitterroot Dr – A zone change request from Mid-Century Neighborhood (N2) to Mixed Residential 1 (NX1) on C/S 515, Parcel 14A1, a 1.11 acre parcel of land. A pre-application neighborhood meeting was held on February 28, 2023, at the East Wesleyan Church at 625 Mattson Lane.
b.
City Zone Change 1024 – 3100 Block of Central Avenue – A zone change request from Suburban Neighborhood (N3) to Mixed Residential 1 (NX1) on Central Acres 5th Filling, Block 9, Lot 1, a 13,072 square foot parcel of land. A pre-application neighborhood meeting was held on March 3, 2023, at the Faith Evangelical Church at 3145 Sweet Water Drive.
c.
City Zone Change 1025 – 54th St W and Rimrock Rd – A zone change request from Suburban Neighborhood (N3) to Mid-Century Neighborhood (N2), Suburban Neighborhood (N3) and Public 1 (P1) through a Planned Neighborhood Development (PND) process on C/S 1834, Tract 2B, a 30.6 acre parcel of land. A pre-application neighborhood meeting was held on March 20, 2023, at the subject property. There is a concurrent petition for annexation.
d.
City Zone Change 1026 – 3648 AJ Way – A zone change request from Agriculture (A), a county zone district, to Public 3- Civic Campus (P3- Civic) on C/S 1889, Tracts 2 and 3, a 40.001 acre parcel(s) of land. A pre-application neighborhood meeting was held on March 27, 2023, at 3465 AJ Way, Unit 111. There is a concurrent petition for annexation.
e.
City Zone Change 1028 – Hawk Creek Planned Development amendment – A zone change request to amend and update an existing Planned Development agreement for Lots 1-3, Block 1 of the MK Subdivision, a 3.6 acre parcel of land. The amendment would allow for one (1) full-beverage liquor license without gaming on the property. The current PD agreement allows one (1) cabaret beer & wine license for the Diamond X Brewery and restaurant at 5417 Hawk Creek Ave. The change would eliminate the cabaret license and substitute a full-beverage license. A pre-application neighborhood meeting was held on March 22, 2023, at the Grace Montessori School at 4809 Grand Ave.
f.
City Zone Change 1029 – Text Amendment – Neighborhood and Mixed Residential districts, Fence Materials and Signs – An amendment to the text of BMCC Sections 27-304, 27,305, 27-307 and 27-308 related to Building and Siting standards in Neighborhood and Mixed Residential districts; Section 27-1209 related to allowable fence materials in residential and commercial areas and how alternate materials may be proposed; and Sections 27-1403, 27-1407 and 27-1409 related to nonconforming signs, calculations for allowable sign area and off-premise sign separation to residential districts.
Other Business/Announcements
Adjournment
For Zone Changes 1023, 1024, 1025 and 1029, the City Council has designated May 22, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation for these Zone Changes and hold a public hearing. If approved on first reading, a second reading will occur on June 12, 2023 at 5:30 pm.
For Zone Changes 1026 and 1028, the City Council has designated June 12, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation for these Zone Changes and hold a public hearing. If approved on first reading, a second reading will occur on June 26, 2023 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.
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
For Zone Changes 1026 and 1028, the City Council has designated June 12, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation for these Zone Changes and hold a public hearing. If approved on first reading, a second reading will occur on June 26, 2023 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.
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