 |
CITY ZONING COMMISSION AGENDA-Tuesday, September 4, 2018, 4:30 p.m. Miller Building, 1st Floor Conference Room 2825 3rd Avenue North, Billings, Montana |
|
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 August 7, 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 970 – 2015 Blue Creek Road – NC to CC - A zone change request from Neighborhood Commercial (NC) to Community Commercial (CC) on Tract 1C of C/S 566, a .91 acre parcel of land. A pre-application neighborhood meeting was held on July 30, 2018, at the Blue Creek Volunteer Fire Department Tax ID: D01951. Presented by Karen Husman, Planner I
b.
City Special Review 969 – 316 S 24th St W – Blaze Pizza – Beer and Wine License w/o gaming – request to waive the 600-foot separation distance - A special review request to allow the location of a beer and wine license without gaming less than the required 600 feet – measured property line to property line – from a public park with a children's playing field and playground (Stewart Park) and from a public school (Central Heights Elementary). The license is proposed for a new Blaze Pizza restaurant in a vacant 2,700 square foot tenant space in the multi-tenant building at 316 S 24th St West on Parcel A1 of C/S 1136, 2nd amended, a 36.82 acre parcel of land (Rimrock Mall property) located in a Community Commercial (CC). Presented by Monica Plecker, Planning Division Manager
Other Business/Announcements
Adjournment
The City Council has designated
September 24, 2018 at
5:30 p.m. in the City Council Chambers as the time and place to hear testimony for or against the special review use and zone changes.
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 (September 21, 2018) 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.
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 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 (September 21, 2018) 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.
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