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CITY ZONING COMMISSION AGENDA-Tuesday, August 4, 2020, 4:30 p.m. Virtual Zoom Meeting |
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NOTICE TO THE PUBLIC
Public Comment:
Notice is hereby given that the Zoning Commission of the City of Billings, Montana will hold a public hearing on Tuesday, August 4, 2020, at 4:30 p.m. Due to the COVID-19 health concerns, the format of the City Zoning Commission meeting will be held in a virtual videoconferencing environment. The normal hearing room on the 1 st Floor at 2825 3 rd Ave North (Miller Building) will be closed during the meeting and no one will be attending this hearing in person. Public comment will be taken only during the Public Comment periods as indicated on the agenda, and during the Public Hearings under the Regular agenda. Comments may be sent to Board via email before 1:00 PM on Tuesday, August 4, 2020. All emails received prior to this time will be read into the record for the public hearing. The Public may call in during specific Public Comment periods at (406) 237-6165. All callers will be in a queued system and are asked to remain on hold and be patient. Calls will be taken in the order in which they are received. Callers will be restricted to 3 minutes of testimony as is customary. Live coverage can be viewed on the City of Billings Facebook page here; https://www.facebook.com/Billings-Planning-Community-Services-Department-1738982159659260/?ref=bookmarks |
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 July 7, 2020.
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 984– 1804 Grand Avenue - New Billboard – A special review request to allow placement of a 372 square foot billboard sign, using a single sign face credit for a billboard removed at 1943 Main Street, but less than 200 feet from a residential zone
, in a Community Commercial (CC) zone, on Block 1, Lots 19-24, Tietz Sub., a 21,267 sf parcel of land. Applicant has requested withdrawal of City Special Review 984.
b.
City Special Review 985 - 446 Grand Ave - A special review request to allow a drive through service for a new 860 square foot coffee shop, in a Neighborhood Commercial (NC) zone, on Block 35, Lot 24A, & Lt 25-28 & the W ½ of Lot 29 Suburban Homes Addition, a 17,837 sf parcel of land. Presented by Karen Husman, Planner I.
c.
City Zone Change 980 – 759 Newman Lane & 766 Calhoun Lane - from EGC to NC - A zone change request from Entryway General Commercial (EGC) to Neighborhood Commercial (NC), on Block 5, Lot 1, (less N 110 ft & less 7,847.3 ft for King Ave.), Pinnick Sub., 3
rd Filing, and Lot 24 (S 310 ft) of Sugar Subdivision, a 4.418 acre parcel of land. A pre-application neighborhood meeting was held on Monday, June 29, 2020 at 7:00 pm, at 759 Newman Lane. Presented by Karen Husman, Planner I.
d.
City Zone Change 981 – 750 Broadwater Ave. – Yellowstone PD-NC – add auto sales - A zone change request to add auto sales as an allowed use in the Yellowstone Planned Development - Neighborhood Commercial zone, on Block 4, Lot 27-31 & 26A, 26B (1
st Add to Blk 4)(Less 50 SF Street) of the Yellowstone Addition Subdivision, a 24,450 sf parcel of land. A pre-application neighborhood meeting was held on Monday, June 29, 2020 at 5:30 pm at 750 Broadwater. Presented by Nicole Cromwell, Zoning Coordinator
Other Business/Announcements
Adjournment
The City Council has designated Monday, August 24, 2020, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation on each
special review and
zone change request.
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 the first reading of the amendment by the City Council.
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 the first reading of the amendment by the City Council.
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