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CITY ZONING COMMISSION AGENDA-Tuesday, June 5, 2018, 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 May 1, 2018.
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 Zone Change 966 – 21 N 15th St – Kairos Center – A zone change request from EBURD- Industrial Sanctuary (EBURD-IS) to EBURD Central Works (EBURD-CW), on Lots 1 through 24 of Block 122; Lots 1 through 24 of Block 123, less a portion of Lot 19 of Block 123 deeded to the State of Montana, Billings Original Town, together with abandoned streets and alleys, a 5.64 acre parcel of land generally located between N 13
th St and N 15
th St on the south side of 1
st Avenue North. Presented by Nicole Cromwell, Zoning Coordinator
b.
City Zone Change 967 – 430 Josephine Drive – A zone change request from Residential Multi-Family (RMF) to Community Commercial (CC) on Lot 15 of Josephine Subdivision, a 1.724 acre parcel of land generally located on the southeast corner of the intersection of Lake Elmo Drive and Josephine Drive. Presented by Nicole Cromwell, Zoning Coordinator
c.
Special Review #964– 3415 Grand Avenue – All Beverage with Gaming - This is a special review request to allow the location of an All-Beverage Liquor License with Gaming (bar & casino) as part of a new Town Pump gas station convenience store and liquor store in a Community Commercial (CC) zone on proposed Lot 1, Block 5 of Zimmerman Home Place Subdivision, 2nd filing a 3.39 acre parcel of land. Tax ID: A36266. Presented by Karen Husman, Planner I.
d.
Special Review #965- 2512 Shiloh Road - Wireless Communication Camouflage Facility - A special review request to allow a 50-ft camouflage wireless facility – a faux tree – next to a detached garage in a Residential Professional (RP zone on Lot 4A2 of Blue Meadow Acreage Tracts, a 1.085-acre parcel of land. The ground equipment cabinet will be in an enclosure next to the garage. Tax ID:C01757. Presented by Karen Husman, Planner I.
e.
Special Review #966- 2202 Central Avenue - A Drive Through Food Service - A special review request to locate a drive through food service restaurant across an alley from a Residential zone in a Community Commercial (CC) Zone on Lot 1B, Block 1 of Central Heights Subdivision, 2
nd filing; a 21,211 square foot parcel of land. Little Caesar's Pizza is proposing a new location at this address. Tax ID: A04406. Presented by Karen Husman, Planner I.
Other Business/Announcements
Adjournment
The City Council has designated Monday, June 25, 2018, 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 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 (June 22, 2018) 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 changes and special reviews. Testimony regarding the above mentioned item 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 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 (June 22, 2018) 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 changes and special reviews. Testimony regarding the above mentioned item 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