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Agenda for City Zoning Commission


 
  
CITY ZONING COMMISSION
AGENDA-Tuesday, December 3, 2024, 4:30 p.m.
3rd Floor Stillwater Building, Room 3108
316 N 26th St, Billings MT
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:
Public comment will be taken only during the Public Comment periods as indicated on the agenda and during the Public Hearings, if any are scheduled, under the Regular agenda. Comments may be sent to the Board via email before 12:00 pm on the meeting date. All emails received prior to this time will be entered into the record for the public hearing.  Comments may be submitted by:
  • Mail: City/County Planning Division, PO Box 1178, Billings MT 59103
    • Email: bernsb@billingsmt.gov
  • NOTICE: All meetings and official activities of the MPO are held in buildings and locations that comply with accessibility standards according to the Americans with Disabilities Act (ADA). A TTY number for the hearing impaired, 406-657-3079, is available upon request. 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 the Planning Division Office, at 406-247-8610.

    Please direct questions to Brenda Berns, Planning Clerk at 406-247-8610 or bernsb@billingsmt.gov
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 November 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.
 
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 1059 – Zimmerman Home Place – from NO to CMU1 – A zone change requested from Neighborhood Office (NO) to Corridor Mixed Use 1 (CMU1) on Lot 2 of Block 1, Zimmerman Home Place Subdivision, 3rd Filing, on a 2.28 acre eastern section of the 4.088 acre parcel of vacant land. A Pre-application neighborhood meeting was held on October 23, 2024. Tax ID: A36264A
 
b.
Return Item - City Zone Change 1056 – High Sierra Sub  - from N3 to N1, NX1, NX3, CMU1 & P1 - 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 legally described as Tract 1 of C/S 3894 A pre-application neighborhood meeting was held on June 12, 2024, at the Lake Hills Golf Course Clubhouse at 1930 Clubhouse Way. The applicant was granted a delay by the Zoning Commission on October 1, to December 3, 2024, hearing. The zone change plan has been amended from the original application. Tax ID: D05244 and A37164 (portions of each)
 
c.
City Zoning Housekeeping Amendments 2025
 
Other Business/Announcements
 
Adjournment
 
The City Council has designated January 13, 2025, 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 January 27, 2025 at 5:30 pm. Zone Change 1056 & Zone Change 1059.

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, 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 bernsb@billingsmt.gov