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CITY ZONING COMMISSION AGENDA-Tuesday, October 6, 2020, 4:30 p.m. Video Conference Format |
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NOTICE TO THE PUBLIC
Notice is hereby given that the Zoning Commission of the City of Billings, Montana will hold a public hearing on Tuesday, October 6, 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 1st Floor at 2825 3rd 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, October 6, 2020. All emails received prior to this time will be read into the record for the public hearing.
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Call the meeting to order.
Introduction of City Zoning Commission Members and Planning Department Staff.
Public Comment: 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
Approval of Minutes: September 1, 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 Zone Change 984 – 1219 12th Street West- from R-70 to RMF-R - A zone change request from Residential 7,000 (R-70) to Residential Multi Family-Restricted (RMF-R), on Block 2, Lot 6, Sunset Subdivision, a 10,056 square foot parcel of land. A pre-application neighborhood meeting was held on August 21, 2020, at Spring Creek Park. Presented by Nicole Cromwell, Zoning Coordinator
b.
City Zone Change 985 – 3121 & 3125 Boulder Ave- from R-60 to RMF-R - A zone change request from Residential 6,000 (R-60) to Residential Multi Family-Restricted (RMF-R)
), on the East ½ of Lot 13 & the West ½ of lot 14, Wolf Subdivision, a 40,500 foot parcel of land. A pre-application neighborhood meeting was held on September 1, 2020, at 3125 Boulder Ave. Presented by Nicole Cromwell, Zoning Coordinator
c.
City Zone Change 986 – 3340 Sagegrass Dr. & 1310 30th St. W – Cardwell Ranch PD Amendment - A Planned Development zone change request to amend the Master Plan Map to move Lot 15A, Block 2, from Planning Area 1 (Commercial) to Planning Area 2 (Commercial or Multi-family), and amend the text of the Planned Development Agreement to eliminate the additional special review requirements (Article IV.B & D). Lot 4A and 15A, Block 2, new Planning Area 2, will comprise a 10.051 acre parcel of land. A pre-application neighborhood meeting was held on September 1, 2020, at 3100 Meadow View Dr. Presented by Nicole Cromwell, Zoning Coordinator
d.
Special Review 986 – 3189 King Ave. W. Beer & Wine with Gaming – A special review request to allow a beer and wine license with gaming for a 2,500 square foot tenant space within a 7,913 square foot multi-tenant building, in a Community Commercial (CC) zone, on Block 17A, Lot 2, Lampman Sub., a 39,907 square foot parcel of land. Presented by: Karen Husman, Planner I.
e.
Special Review 987 - 2499 Gabel Road - A special review request to allow an existing all beverage liquor license to relocate from 1911 King Avenue West, Unit 10, to 2499 Gabel Road, a 3,128 square foot building, on Block 4, Lot 3, Cenex Park Sub., an 68,520 square foot parcel of land. Presented by Karen Husman, Planner I
Other Business/Announcements
Adjournment
The City Council has designated Monday, October 26, 2020, at 5:30 p.m. as the date and time to receive the Zoning Commission recommendation on each
zone change and
special review 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