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CITY ZONING COMMISSION AGENDA-Tuesday, January 3, 2023, 4:30 p.m. Miller Building, 1st Floor Conference Room 2825 3rd Avenue North, Billings, Montana |
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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:
The minutes of the Board meeting of November 1, 2022.
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 Special Review 995 – Blue Creek Rd & Santiago Blvd – Request for Car Wash –
A special review request to allow a carwash facility in a Corridor Mixed Use 1 (CMU1) zone on Lot 1 of Blue Creek Storage Subdivision a .917 acre parcel of land. The applicant has also included requests for variances from the CMU1 Site and Structure regulations in Table 27-400-3 including: (A.1) Build-To Corner, (A.3) Minimum Front Lot Line coverage, (A.4 & A.5) Front and Street-Side Build-to Ranges, (B.8) Parking location, (D.16) Window and Door requirements, and (D.18) Number of Entries on the Front façade; Sec. 27-1005 (Q.1) Carwash bay doors on the front façade, (Q.3.b) location of open air vacuuming facility in the front or street-side yard. A pre-application neighborhood meeting was held on November 21, 2022.
b.
City Zone Change 1021 – Vista West – PND –
A zone change request from Agriculture (A – County) to Neighborhood 1 (N1), Mixed Residential 2 and 3 (NX2-NX3) and Public 1 (P1) on Tract 1 and 2 of C/S 2828 and the adjacent drain right-of-way, a 27.7 acre parcel of land generally located north of Rocky Vista Way, west of Shiloh Rd and south of Bell Avenue. There is a concurrent petition for annexation. A pre-application neighborhood meeting was held on October 25, 2022.
Other Business/Announcements
Adjournment
The City Council has designated January 23, 2023, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation for the Special Review and hold a public hearing.
The City Council has designated February 13, 2023, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation for the Zone Change and hold a public hearing The Council will conduct a public hearing for the first reading of the ordinance on February 13, 2023. If approved on first reading, a second reading will occur on February 27, 2023 at 5:30 pm.
Before taking any action on an application for a Special Review, the City Council shall first consider the findings and recommendations of the City Zoning Commission. Those findings and recommendations will be based on BMCC 27-1623.D (1 through 9). Each zoning district is primarily intended for a predominant type of use as identified in BMCC Table 27-1000.1. There are also a limited number of specific uses subject to special review that may or may not be appropriate in a particular district, depending upon all the circumstances of the individual use on the site and in context with surrounding development. Consideration of these uses includes examination of the location, nature of the proposed use, the character of the surrounding development, traffic capacities of adjacent streets, and potential environmental effects, and whether specific conditions can be applied to mitigate the potential negative impacts of the use. Special review uses are special exceptions to the general terms of Billings Zoning Code.
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 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.
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
The City Council has designated February 13, 2023, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation for the Zone Change and hold a public hearing The Council will conduct a public hearing for the first reading of the ordinance on February 13, 2023. If approved on first reading, a second reading will occur on February 27, 2023 at 5:30 pm.
Before taking any action on an application for a Special Review, the City Council shall first consider the findings and recommendations of the City Zoning Commission. Those findings and recommendations will be based on BMCC 27-1623.D (1 through 9). Each zoning district is primarily intended for a predominant type of use as identified in BMCC Table 27-1000.1. There are also a limited number of specific uses subject to special review that may or may not be appropriate in a particular district, depending upon all the circumstances of the individual use on the site and in context with surrounding development. Consideration of these uses includes examination of the location, nature of the proposed use, the character of the surrounding development, traffic capacities of adjacent streets, and potential environmental effects, and whether specific conditions can be applied to mitigate the potential negative impacts of the use. Special review uses are special exceptions to the general terms of Billings Zoning Code.
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 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.
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