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CITY ZONING COMMISSION AGENDA-Tuesday, April 5, 2016, 4:30 p.m. Miller Building, 1st Floor Conference Room 2825 3rd Avenue North, Billings, Montana |
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NOTICE TO THE PUBLIC
Public Comment: There will be a Public Comment Section as noted on the agenda. This is the time members of the public may comment on any item not appearing on the agenda. Under State law, matters presented under this section cannot be discussed or acted upon by the Zoning Commission during this time. For items appearing on the agenda, the public will be invited to make comments at the appropriate time. It is very important to speak clearly, and state your name and address for the record. Please limit your comments to three (3) minutes or less. |
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 February 2, 2016
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
The Exparté Communication Binder is available at the Sign-In and Agenda Station.
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 #946 – 3122 Lynn Avenue – R-96 to R-70 – A zone change request from Residential 9,600 (R-96) to Residential 7,000 (R-70) on Lot 11, Block 9, Central Acres Subdivision, 5 th Filing, a 10,417 square-foot parcel of land. A pre-application neighborhood meeting was held on February 10, 2016 at the Sunset Bowl, 1625 Central Avenue. Presented by: Nicole Cromwell, Zoning Coordinator
b.
Special Review #936. This is a special review request to allow the location of a 50-foot monopole support structure for new Verizon Wireless communication antennas in an EBURD-Central Works (EBURD-CW) zone, on Lots 18-24, Block 19, Billings Original Town, a 1,335 square foot lease on a 24,500 square foot parcel of land generally located at 401 N 17
th Street.
c.
City Special Review #939 – 4910 Southgate Drive – Add 2 outdoor patios and 4,000 square feet of retail space – A special review request to add 2 outdoor patios and 4,000 square feet of floor area to an existing restaurant and casino in an Entryway General Commercial (EGC) zone, on Lot 1A, Block 1, Geyser Park Subdivision, a 3.125 acre parcel of land. Presented by Nicole Cromwell, Zoning Coordinator
d.
City Special Review #940 – 116 N Broadway – Add seasonal outdoor patio – A special review request to allow the addition of a 320 square-foot outdoor seasonal patio on the public sidewalk adjacent to Doc Harper's in the Central Business District (CBD), on Lots 7-12 and a fraction of Lot 6, Block 93, Billings Original Town, Unit 2 of the Babcock Building. Presented by Nicole Cromwell, Zoning Coordinator
e.
City Special Review #941 – 54th St West at Trail Creek Drive – LDS Meetinghouse – A special review request to allow the construction of a new church in a Residential 9,600 (R-96) zone on a 4.03 acre portion of an 89.98 acre un-platted parcel of land described as the N1/2NE1/4, SWNE1/4 in Section 31, Township 1 North, Range 25 East. A concurrent annexation of the 4.03 acre parcel has been submitted. Presented by Nicole Cromwell, Zoning Coordinator.
Other Business/Announcements
Adjournment
The City Council has designated
Monday, April 25, 2016, at 6:30 p.m. in the City Council Chambers as the time and place to hear testimony for or against the
City
Zone Change
#946 and
Special Reviews #936, #939 and #940.
The City Council has designated Monday, May 9, 2016, at 6:30 p.m. in the City Council Chambers as the time and place to hear testimony for or against Special Review #941.
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 these Special Review requests: 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 (April 22, 2016) the first reading of the amendment by the City Council.
The Zoning Commission and City Council will hear all persons wishing to speak relative to the proposed zone change and special reviews. Testimony regarding the above mentioned items may also be submitted in writing to the Planning Division, 2825 3 rd Avenue North, 4 th 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@ci.billings.mt.us
The City Council has designated Monday, May 9, 2016, at 6:30 p.m. in the City Council Chambers as the time and place to hear testimony for or against Special Review #941.
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 these Special Review requests: 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 (April 22, 2016) the first reading of the amendment by the City Council.
The Zoning Commission and City Council will hear all persons wishing to speak relative to the proposed zone change and special reviews. Testimony regarding the above mentioned items may also be submitted in writing to the Planning Division, 2825 3 rd Avenue North, 4 th 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@ci.billings.mt.us