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CITY ZONING COMMISSION
AGENDA-Tuesday, November 2, 2021, 4:30 p.m.
Miller Building, 1st Floor Conference Room
2825 3rd Avenue North, Billings, Montana  
 
             
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 October 5, 2021. Click to View
 
 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 1002 - 1938 Hawthorne Road-requesting to change the zoning from N4 to N2, in order to annex their property to the City.  The pending annexation petition would require the property rezoning to an appropriate City zoning district Click to View
 
b.   Special Review 992 - 4130 Kari Lane - to allow an automobile collision repair center greater than 5,000 square feet in a Corridor Mixed Use 2 (CMU2) zoned district, for a proposed 18,554 square foot building, on Lot 13, Block 1 Montana Sapphire Subdivision, a 2.187-acre parcel of land. Tax ID: C13966 Click to View
 
Other Business/Announcements
 
Adjournment
 
The City Council has designated Monday, November 22, 2021, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation for the zone change and special review and hold their public hearings. For the zone change request the Council will conduct a public hearing for the first reading of the ordinance for this zone change request. If approved on first reading, a second reading public hearing will occur on Monday, December 13, 2021 at 5:30 pm.
Before taking any action on an application for a special review use, the City Council shall first consider the findings and recommendations of the City Zoning Commission. In no case shall the City Council approve a special review use other than the one advertised. The City Council shall take one of the following actions on the Special Review request: 1) approve the application; 2) conditionally approve the application; 3) deny the application; 4) allow withdrawal of the application; or 5) delay the application for a period not to exceed thirty (30) days.

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 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.

Additional information on any of these items is available in the Planning and Community Services Office. 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

 

    

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