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CITY ZONING COMMISSION AGENDA-Tuesday, September 3, 2024, 4:30 p.m. 316 N 26th St, Room 3101 3rd Floor Stillwater Building, Billings MT |
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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: August 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 1054 - North of Highway 3 - Agriculture to Public 3 - Civic Campus - A zone change request from Agriculture (A) a county zone district to Public 3-Civic (P3), on Tracts 4,5,6A and 6B of C/S 1889 in Section 26, T1N, R25E, with total acres of 78.15. A concurrent annexation has been submitted. Tax IDs: D04591; D04592; D04593; D04593A
b.
City Zone Change 1055 – Galaxy Subdivision – Planned Development to N3, N2 and NX2 -
A zone change request from Planned Development – Galaxy to Suburban Neighborhood (N3), Mid-Century Neighborhood (N2) and Mixed Residential 2 (NX2), on Block 3, Lots 1-6, 8, 10, 11, & 13-19: Block 4, Lots 15-44; Block 5, Lots 10-18 & Park parcel; Block 6, Lots 2-9, 11-26, 31 & 33; all in Section 21, T1N, R26E, with total acres of 32.13.
Other Business/Announcements
Adjournment
The City Council has designated October 14, 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 October 28, 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, PO 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; 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, PO 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; bernsb@billingsmt.gov