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CITY ZONING COMMISSION AGENDA-Tuesday, September 5, 2023, 4:30 p.m. Miller Building, 1st Floor Conference Room 2825 3rd Avenue North, Billings, Montana |
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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:
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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 July 11, 2023 and August 1, 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 1035 – 2500 Block of Blue Creek Road – Rural Residential 1 (RR1) to Suburban Neighborhood Residential (N3) –
A zone change request from RR1 (Lot 7) to Suburban Neighborhood Residential (N3) on Lot 7 of Blue Creek Acreage Tracts Subdivision, a 2.8 acre parcel of land. A concurrent petition for annexation has been submitted. A pre-application neighborhood meeting was held on July 24, 2023 at the subject property.
b.
City Zone Change 1034 – Phase III Zoning Text Amendments - Amendments to the text of BMCC Chapter 27:
· Updates to Administrative Relief provisions Section 27-1614 – Provide uniformity between administrative relief provisions for all zone districts including incorporation of landscape and off-sreet parking relief provisions
· Landscape Plan clarifications for residential (one and two family) lots Section 27-1618 – Amend the administrative provisions for a Landscape Plan to clarify plans are not required with building permits for one or two-family dwellings on individual platted lots.
· Housekeeping amendments to correct errors and cross-references in other city codes
· Special Review criteria Section 27-1623 – Amend this code section to allow the Council to require updates to existing sites or structures when considering a special review use.
· Zoning at Annexation Section 27-1615 – Allow an administrative process to determine the most appropriate zone for smaller parcels with existing county zones identical to a city zone district, or when the most appropriate zone change process for a parcel of more than 10 acres is not the Planned Neighborhood Development (PND) in Section 27-800.
· Updates to Administrative Relief provisions Section 27-1614 – Provide uniformity between administrative relief provisions for all zone districts including incorporation of landscape and off-sreet parking relief provisions
· Landscape Plan clarifications for residential (one and two family) lots Section 27-1618 – Amend the administrative provisions for a Landscape Plan to clarify plans are not required with building permits for one or two-family dwellings on individual platted lots.
· Housekeeping amendments to correct errors and cross-references in other city codes
· Special Review criteria Section 27-1623 – Amend this code section to allow the Council to require updates to existing sites or structures when considering a special review use.
· Zoning at Annexation Section 27-1615 – Allow an administrative process to determine the most appropriate zone for smaller parcels with existing county zones identical to a city zone district, or when the most appropriate zone change process for a parcel of more than 10 acres is not the Planned Neighborhood Development (PND) in Section 27-800.
Other Business/Announcements
Adjournment
The City Council has designated September 25, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation for the zone changes and hold a public hearing. If approved on first reading, a second reading will occur on October 9, 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 map amendment 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
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 map amendment 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