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CITY ZONING COMMISSION AGENDA-Tuesday, April 4, 2017, 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
Motion. Approval of Minutes: January 3, 2017
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.
Return Item - City Special Review 953 – 4135 Grand Avenue – Wireless Communication Facility – A special review request (27-620(d)1.) to allow an 80-foot monopole and wireless communication facility in a Residential 9,600 zone on a church property legally described as C/S 1876, Tract 3A1, a 1.844 acre parcel of land generally located at 4135 Grand Avenue. Tax ID: D04742
Presented by Nicole Cromwell, Zoning Coordinator
Presented by Nicole Cromwell, Zoning Coordinator
b.
Return Item - City Special Review 954 – 3042 King Avenue West – All Beverage License gaming restricted – A special review request to locate an all-beverage liquor license (gaming restricted) in an existing 6,509 square foot building – Johnny Carino's – on Lot 3A-1 of Studer Acreage Tracts Subdivision, in a Controlled Industrial (CI) zone, on a 1.17 acre parcel of land generally located at 3042 King Avenue West. Tax ID: C14763 Presented by Nicole Cromwell, Zoning Coordinator
c.
City Zone Change 955 – 301 - 317 Covert Lane and 1739 – 1747 Cody Dr – A zone change request from Residential 7,000 (R-70) to Residential 6,000 (R-60) on Lots 5, 6, 7 & 8, Block 7, Happy Hollow Subdivision, a 1.36 acre parcel of land. A pre-application neighborhood meeting was held on February 23, 2017 at Oasis Water Park. A concurrent special review has been submitted. Tax IDs: C00404A, C00404B, & C00404C. Presented by Nicole Cromwell, Zoning Coordinator
d.
City Zone Change 954 – 5400 Laurel Rd – A zone change request from Residential 7,000 (R-70) to Community Commercial (CC) on portion of Lot1A and all of Lot 2, Block 3, Streeter Brothers Subdivision, a 15,000 square foot parcel of land. A pre-application neighborhood meeting was held on February 27, 2017 at GM Petroleum at 275 Daniel Street. Presented by Dave Green, Planner II
e.
City Special Review 955 – 301 - 317 Covert Lane and 1739 – 1747 Cody Dr – Three 10-unit apartment buildings – A special review request to demolish three, 4-plex apartments and construct three, 10-unit apartment buildings in a
proposed R-60 zone, on Lots 5, 6, 7 & 8, Block 7, Happy Hollow Subdivision, a 1.36 acre parcel of land. Presented by Nicole Cromwell, Zoning Coordinator.
Other Business/Announcements
Adjournment
The City Council has designated
Monday, April 24, 2017, at 6:30 p.m. in the City Council Chambers as the time and place to hear testimony for or against the zone changes and special reviews.
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 21, 2017) the first reading of the amendment by the City Council.
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.
The Zoning Commission and City Council will hear all persons wishing to speak relative to the proposed zone changes 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
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 21, 2017) the first reading of the amendment by the City Council.
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.
The Zoning Commission and City Council will hear all persons wishing to speak relative to the proposed zone changes 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