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CITY ZONING COMMISSION AGENDA-Tuesday, October 1, 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:
Meeting Minutes for September 3, 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 1056 – High Sierra *****Applicant has requested a delay to the December 3, 2024 Zoning Commission meeting*****
*Zoning Commission will consider and likely (99% likely) approve the delay.
*If delayed, there is NO PUBLIC HEARING today. No testimony or public comments will be received today.
*The new hearing date, time & location will be noticed and posted at the beginning of November 2024. Any modification to the zone change application will be posted and mailed in November.
A zone change request from Suburban Neighborhood Residential (N3) to Residential First Neighborhood Residential (N1), Mixed Residential 1 (NX1) Mixed Residential 3 (NX3), Corridor Mixed-Use 1 (CMU1) and Public 1 (P1), on a 53.26-acre tract of land situated partly in High Sierra Subdivision 14th Filing, Block 33, Lot 1A1 and partly in Certificate of Survey 3776 Parcel 1B in the Southeast 1/4 of Section 8 and the Northeast 1/4 of Section 17, Township 1 North, Range 26 East.
*Zoning Commission will consider and likely (99% likely) approve the delay.
*If delayed, there is NO PUBLIC HEARING today. No testimony or public comments will be received today.
*The new hearing date, time & location will be noticed and posted at the beginning of November 2024. Any modification to the zone change application will be posted and mailed in November.
A zone change request from Suburban Neighborhood Residential (N3) to Residential First Neighborhood Residential (N1), Mixed Residential 1 (NX1) Mixed Residential 3 (NX3), Corridor Mixed-Use 1 (CMU1) and Public 1 (P1), on a 53.26-acre tract of land situated partly in High Sierra Subdivision 14th Filing, Block 33, Lot 1A1 and partly in Certificate of Survey 3776 Parcel 1B in the Southeast 1/4 of Section 8 and the Northeast 1/4 of Section 17, Township 1 North, Range 26 East.
b.
City Zone Change 1057 – Southwest of Rimrock Road & 58th St – from N3 & RR3 to N2 - A zone change request from Suburban Neighborhood Residential (N3) & Rural Residential 3 (RR3 – County) to Mid-Century Neighborhood (N2), on portions of Lot 6A-1 and 27A of Sunny Cove Fruit Farms Subdivision, an approximate 18-acre parcel of land. A concurrent annexation petition has been submitted for the RR3 zoned land.
Other Business/Announcements
Adjournment
The City Council has designated October 28, 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 November 12, 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 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 email: 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 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 email: bernsb@billingsmt.gov