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CITY ZONING COMMISSION AGENDA -Tuesday, March 5, 2024, 4:30 p.m. Miller Building, 1st Floor Conference Room 2825 3rd Avenue North, Billings, Montana |
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NOTICE TO THE PUBLIC
Due to the number and significance of the zone changes on tonight's agenda, and limited seating in the hearing room, the Zoning Commission will invite attendees into the hearing room for each specific zone change in the order they appear on the agenda.
We ask that all attendees wait in the lobby area until the hearing is opened for the specific application of interest to them.
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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: February 6, 2024
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 1043 - 4190 S Frontage Rd - RMH to CX - A zone change request from Residential Manufactured Home (RMH) to Heavy Commercial (CX) for C/S 741, Parcel 2A, Amd Tr 1 & 2, a 1.6 acre parcel of land. Nicole Cromwell, Zoning Coordinator
b.
City Zone Change 1044 - 5900 Block of Grand Ave - RRI to NX2 - A zone change request from Rural Residential 1 (RR1) a county zone to Mixed Residential 2 (NX2), for C/S 2735, Tract 4-B, a 1-acre parcel of land. Nicole Cromwell, Zoning Coordinator
c.
City Zone Change 1045 - 4524 Central Ave - A to CMU1, NMU, NX1, NX2, N2 & P1 - A zone change request from Agriculture (A) a county zone, to Corridor Mixed Use 1 (CMU1), Neighborhood Mixed Use (NMU), Mixed Residential 1 (NX1), Mid-Century Neighborhood (N2) and Public 1 (P1) on Tract 2 of C/S 3844, a 48.49 acre parcel of land. Nicole Cromwell, Zoning Coordinator
d.
City Zone Change 1046 - 1202 W Wicks Lane - NX3 to CMU2 - A zone change request from Mixed Residential 3 (NX3) to Corridor Mixed Use 2 (CMU2), for an 8.60-acre portion of an un-platted parcel in Section 20, TIN, R26E - North 1/2 to be known as Lots 1 and 2 of Skyview Ridge 2nd Filing Subdivision. Nicole Cromwell, Zoning Coordinator
e.
APPLICANT HAS REQUESTED A DELAY UNTIL MAY 7, 2024
City Zone Change 1047 - Copper Ridge 7th and 8th Filings - N3 to P1, N1, NX1 and NX2 - A zone change request from Suburban Neighborhood Residential (N3) to Public 1 (P1), First Neighborhood Residential (N1), Mixed Residential 1 (NX1), and Mixed Residential 2 (NX2), portions of Lots 15 & 16 in Block 3 of Copper Ridge Subdivision, 7th Filing and a portion of Lot 15A of Block 3 in Copper Ridge Subdivision, 8th Filing a 62.57-acre parcel of land. Nicole Cromwell, Zoning Coordinator
City Zone Change 1047 - Copper Ridge 7th and 8th Filings - N3 to P1, N1, NX1 and NX2 - A zone change request from Suburban Neighborhood Residential (N3) to Public 1 (P1), First Neighborhood Residential (N1), Mixed Residential 1 (NX1), and Mixed Residential 2 (NX2), portions of Lots 15 & 16 in Block 3 of Copper Ridge Subdivision, 7th Filing and a portion of Lot 15A of Block 3 in Copper Ridge Subdivision, 8th Filing a 62.57-acre parcel of land. Nicole Cromwell, Zoning Coordinator
Other Business/Announcements
Adjournment
The City Council has designated March 25, 2024 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 April 8, 2024 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 Brenda Berns, Planning Clerk, at 406 247-8610 or e-mail to bernsb@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 Brenda Berns, Planning Clerk, at 406 247-8610 or e-mail to bernsb@billingsmt.gov