c.
County Zoning Commission
- Meeting Date:
- 07/10/2023
- SUBJECT
- County Zone Change 719 - 547 Johnson Lane - A to NX1 and C3
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
County Zone Change 719 is a zone change request from Agriculture (A) to General Commercial (C3) and Mixed Residential 1 (NX1) for property located at 547 Johnson Lane, legally described as C/S 1901, Parcel A1 and 12.77 acre parcel of land. The land is owned by the Lockwood Fire District, and Andrew Miller of Clock Tower Hospitality and Anna Vickers of IMEG Corporation are the agents for the zone change. A pre application meeting was held on May 25, 2023, at the Lockwood High School Commons.
RECOMMENDATION
Planning staff is recommending approval of Zone Change 719 and adoption of the findings of the 11 review criteria.
APPLICATION DATA
| OWNER: Lockwood Fire District No. 8, John Staley, Chief | |
| AGENT: Clock Tower Hospitality, Andrew Miller and IMEG Corp. Anna Vickers | |
| LEGAL DESCRIPTION: Parcel A1 of C/S 1901 | |
| ADDRESS: 547 Johnson Lane | |
| CURRENT ZONING: Agriculture (A) | |
| EXISTING LAND USE: vacant single family residence and open field | |
| PROPOSED USE: Commercial and residential development | |
| SIZE OF PARCEL: 12.77 acres |
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
See attached Chart of Zoning History
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: CMU1, RR1 and N3 Land Use: Single family residence at 610 Mauser Street in RR1, vacant field in CMU1 and single family residential homes on north side of Unertal Avenue in N3 |
| SOUTH: | Zoning: N4, Public 2 (P2), RR3 Land Use: Single family residence at 535 Johnson Lane in N4, Lockwood Fire Station at 501 Johnson Lane in P2, and vacant field in RR3 |
| EAST: | Zoning: N4 and P1 Land Use: Residential Neighborhood in N4 and County park in P1 |
| WEST: | Zoning: RMH Land Use: Emerald View Manufactured Home Park |
BACKGROUND
This is a zone change request to change the zoning on a parcel of land currently owned by the Lockwood Fire District No. 8. The property was purchased in 2021 to add approximately 5 acres to the east of the existing Lockwood Fire Station property at 501 Johnson Lane. The subsequent amendment to the survey left about 13 acres of excess land. The trustees of the fire district voted to sell the land for private development. The 5 acres added to the fire station parcel is to ensure future land for any necessary expansion or training facilities. The prospective owner, Clock Tower Hospitality, is the owner of the Clock Tower Inn in downtown Billings. The proposed zoning for the west 4 acres (approximate) is General Commercial (C3) while the remaining 9 acres is proposed for Mixed Residential 1 (NX1). The C3 zone would allow construction of all types of lodging facilities as well as retail, business and personal services, offices, medical facilities and other commercial uses. The NX1 zone would allow single family, two family and up to 4 unit buildings on lots with at least 50 feet of street frontage. The current plan is to subdivide the parcel at the zoning boundary, so each parcel could be developed by separate owners.
The 2017 Lockwood Growth Policy indicated this area of Johnson Lane should contribute to the proposed Lockwood Town Center development and include general commercial and mixed use development as well as some moderate density housing development. The proposed zone change meets these requirements. The prospective buyer is the owner of a well known hotel in downtown Billings and while the future plans for the C3 portion of the property are not known at this time, it will likely be a hotel or lodging facility of some type. The NX1 zone proposed for the eastern 9 acres of the site has the flexibility to allow 1-4 unit structures. The area that faces the homes to the north and east would likely develop with new 1 or 2 family dwellings to be compatible with the existing neighborhood patterns. While this area would be a higher density than the adjacent neighborhoods, the zone district requirements will make the new homes fit in with the existing neighborhood.
The Lockwood Irrigation Lift Canal crosses the property from the south-west to the north-east (see aerial map). This lift canal is within a 70-ft wide easement (35 ft on either side of the center of the canal). Any development of the property will need to accommodate the canal in its current location. In some places the canal has been piped underground, but it is primarily an open canal for its entire length. The property is within the Lockwood Water and Sewer District boundaries and both water and sewer os available for development. The surrounding streets are all paved and any new streets, driveway and parking areas will also be paved and properly drained.
The traffic on Johnson Lane and Old Hardin Road is tracked by the Planning Division's Transportation Planning staff. The most recent traffic information for Johnson Lane shows about 3,500 vehicle trips per day on this principal arterial street south of Old Hardin Rd. This is a 3-year rolling average. Old Hardin Road has a much higher average daily traffic as well as Johnson Lane north of Old Hardin Rd. The completion of the new bridge at the north end of Johnson Lane over the Yellowstone River and the future connection to Highway 312 and Main Street will increase traffic in and around the Johnson Lane interchange. A complete reconstruction of the interchange is proposed as a $45 million federal/state and local project in 2028 as part of the Long Range Transportation Plan for the metropolitan planning area for Yellowstone County. This area of Lockwood is poised to have additional traffic and demand for urban-level services in the next 10 years.
Planning staff has reviewed the application, the zoning history of the surrounding area, the Lockwood Growth Policy and transportation improvements planned for this area and is recommending approval of the zone change. A subsequent subdivision of the property will occur to facility both types of development - commercial and residential. The development will be a significant investment in the Johnson Lane area and will contribute to the finalization of the Lockwood Town Center planning that is occurring on property to the south of the subject property. The primary concern of the surrounding owners at the pre-application meeting concerned the type of housing to be constructed and the impact of traffic on the adjoining neighborhoods. The amount of traffic generated from a new neighborhood would require the developer - at the time of subdivision or master site plan - to provide a full traffic impact analysis. There may be traffic management or mitigation measures required. Any development of 48 or more dwelling units would trigger the requirement for a traffic analysis (500 or more trips per day - trips per day per household is 8 to 13 depending on development type). There were also questions about the process and timing of Commissioners meetings.
The 2017 Lockwood Growth Policy indicated this area of Johnson Lane should contribute to the proposed Lockwood Town Center development and include general commercial and mixed use development as well as some moderate density housing development. The proposed zone change meets these requirements. The prospective buyer is the owner of a well known hotel in downtown Billings and while the future plans for the C3 portion of the property are not known at this time, it will likely be a hotel or lodging facility of some type. The NX1 zone proposed for the eastern 9 acres of the site has the flexibility to allow 1-4 unit structures. The area that faces the homes to the north and east would likely develop with new 1 or 2 family dwellings to be compatible with the existing neighborhood patterns. While this area would be a higher density than the adjacent neighborhoods, the zone district requirements will make the new homes fit in with the existing neighborhood.
The Lockwood Irrigation Lift Canal crosses the property from the south-west to the north-east (see aerial map). This lift canal is within a 70-ft wide easement (35 ft on either side of the center of the canal). Any development of the property will need to accommodate the canal in its current location. In some places the canal has been piped underground, but it is primarily an open canal for its entire length. The property is within the Lockwood Water and Sewer District boundaries and both water and sewer os available for development. The surrounding streets are all paved and any new streets, driveway and parking areas will also be paved and properly drained.
The traffic on Johnson Lane and Old Hardin Road is tracked by the Planning Division's Transportation Planning staff. The most recent traffic information for Johnson Lane shows about 3,500 vehicle trips per day on this principal arterial street south of Old Hardin Rd. This is a 3-year rolling average. Old Hardin Road has a much higher average daily traffic as well as Johnson Lane north of Old Hardin Rd. The completion of the new bridge at the north end of Johnson Lane over the Yellowstone River and the future connection to Highway 312 and Main Street will increase traffic in and around the Johnson Lane interchange. A complete reconstruction of the interchange is proposed as a $45 million federal/state and local project in 2028 as part of the Long Range Transportation Plan for the metropolitan planning area for Yellowstone County. This area of Lockwood is poised to have additional traffic and demand for urban-level services in the next 10 years.
Planning staff has reviewed the application, the zoning history of the surrounding area, the Lockwood Growth Policy and transportation improvements planned for this area and is recommending approval of the zone change. A subsequent subdivision of the property will occur to facility both types of development - commercial and residential. The development will be a significant investment in the Johnson Lane area and will contribute to the finalization of the Lockwood Town Center planning that is occurring on property to the south of the subject property. The primary concern of the surrounding owners at the pre-application meeting concerned the type of housing to be constructed and the impact of traffic on the adjoining neighborhoods. The amount of traffic generated from a new neighborhood would require the developer - at the time of subdivision or master site plan - to provide a full traffic impact analysis. There may be traffic management or mitigation measures required. Any development of 48 or more dwelling units would trigger the requirement for a traffic analysis (500 or more trips per day - trips per day per household is 8 to 13 depending on development type). There were also questions about the process and timing of Commissioners meetings.
SUMMARY
PROPOSED DETERMINATIONS
County Zone Change 719
The Yellowstone County Zoning Commission, prior to making a recommendation to the County Commissioners, shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning does comply with the following goals of the Lockwood Growth Policy and area plans: Provide ongoing assessment of land use and zoning to help guide future development. Commercial retail and services may be considered appropriate in areas along principal and minor arterials in addition to areas designated for commercial land uses.
This zone change would allow for an overall zoning plan that is consistent with the Preferred Land Use Map in the Lockwood Growth Policy. The future uses on the western 4 acres will be compatible with the development to the north and the proposed Lockwood Town Center to the south of the subject property. The neighborhoods to the north and east will have compatible residential development on the eastern 9 acres of the site. The C3 zone is meant to allow a variety of commercial uses including all types of lodging, restaurants, retail, business and personal services, medical offices, banks and other professional offices. This C3 is compatible with the proposed NX1 district to the east. Development in the C3 will be buffered from the residential development through application of the County's landscaping code requirements.
2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Lockwood Fire Department with mutual aid from the Billings Fire Department. The property has access from Johnson Lane, a principal arterial street. Mauser St is a residential street developed for the residential subdivision, Pat Dahl Subdivision. It is the general policy of the county to not allow commercial traffic on local residential subdivision roads. The new residential development will have access to Mauser Street, Unertal Avenue and Enfield Street. Any new commercial development will have access to Johnson Lane as a primary access. There should be adequate ingress and egress to the property for emergency vehicles. The property is served by the Lockwood Water District that has fire hydrants throughout the Lockwood community. The fire department may require additional fire suppression with any new development of the property. The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies. Additionally, the proposed zoning designations of NX1 and C3 regulate site and structure requirements ensuring minimum separation distances to ensure provide security from fire and other dangers.
3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: Development under the new zoning may increase traffic on Johnson Lane, a principal arterial street. Development of the proposed residential neighborhood will have an impact of the neighborhood streets to the north and east. The level of traffic increase will be dependent on the type of new use or uses proposed. Any new use that will generate 500 or more trips per day will be required to prepare a traffic impact study. Johnson Lane may need improvements to accommodate additional commercial traffic. Johnson Lane carries about 3,500 vehicle trips per day south of Old Hardin Road. Ten years ago, the same section of Johnson Lane carried 2,500 vehicle trips per day. Most of this increase occurred between 2020 and 2021. Impacts to the neighborhood streets will be determined at the time of the subdivision or master site plan application. Impacts will be mitigated.
Water and Sewerage: The property is within the Lockwood Water and Sewer District. Water and Sewer needs will be evaluated at the time of any new development. The type of development may be limited to the capacity the Lockwood Water & Sewer district can provide.
Schools and Parks: The proposed zoning of C3 would likely have no impact for Lockwood Schools. The zoning does not allow residential uses. The NX1 zoning does allow residential uses. It is not known how many units the 9 acre eastern portion could support. A general estimate based ont he zoning would be about seven unit per acre or about 60-65 new dwellings. Lockwood Schools now has over 1,300 students in kindergarten through high school.
Fire and Police: The subject property is serviced by the Lockwood Fire District and the Yellowstone County Sheriff's Department. Fire suppression requirements will be evaluated at the time of any new development.
4. Will the new zoning promote health and general welfare?
The new zoning will allow new development in an area identified 7 years ago as part of the new Lockwood Town Center area that will include commercial and mixed uses and a variety of housing choices for existing and new Lockwood residents. The potential for new development will require subdivision and site planning of the property to ensure the new development fits in with the existing neighborhood and any impacts from storm water, traffic are mitigated. This should promote the health and general welfare of the area.
5. Will the new zoning provide adequate light and air?
The proposed zoning districts of NX1 and C3 will require minimum setbacks, maximum building heights and maximum lot coverage. These requirements allow adequate light and air to reach the subject property and adjacent properties.
6. Will the new zoning effect motorized and non-motorized transportation?County Zone Change 719
The Yellowstone County Zoning Commission, prior to making a recommendation to the County Commissioners, shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning does comply with the following goals of the Lockwood Growth Policy and area plans: Provide ongoing assessment of land use and zoning to help guide future development. Commercial retail and services may be considered appropriate in areas along principal and minor arterials in addition to areas designated for commercial land uses.
This zone change would allow for an overall zoning plan that is consistent with the Preferred Land Use Map in the Lockwood Growth Policy. The future uses on the western 4 acres will be compatible with the development to the north and the proposed Lockwood Town Center to the south of the subject property. The neighborhoods to the north and east will have compatible residential development on the eastern 9 acres of the site. The C3 zone is meant to allow a variety of commercial uses including all types of lodging, restaurants, retail, business and personal services, medical offices, banks and other professional offices. This C3 is compatible with the proposed NX1 district to the east. Development in the C3 will be buffered from the residential development through application of the County's landscaping code requirements.
2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Lockwood Fire Department with mutual aid from the Billings Fire Department. The property has access from Johnson Lane, a principal arterial street. Mauser St is a residential street developed for the residential subdivision, Pat Dahl Subdivision. It is the general policy of the county to not allow commercial traffic on local residential subdivision roads. The new residential development will have access to Mauser Street, Unertal Avenue and Enfield Street. Any new commercial development will have access to Johnson Lane as a primary access. There should be adequate ingress and egress to the property for emergency vehicles. The property is served by the Lockwood Water District that has fire hydrants throughout the Lockwood community. The fire department may require additional fire suppression with any new development of the property. The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies. Additionally, the proposed zoning designations of NX1 and C3 regulate site and structure requirements ensuring minimum separation distances to ensure provide security from fire and other dangers.
3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: Development under the new zoning may increase traffic on Johnson Lane, a principal arterial street. Development of the proposed residential neighborhood will have an impact of the neighborhood streets to the north and east. The level of traffic increase will be dependent on the type of new use or uses proposed. Any new use that will generate 500 or more trips per day will be required to prepare a traffic impact study. Johnson Lane may need improvements to accommodate additional commercial traffic. Johnson Lane carries about 3,500 vehicle trips per day south of Old Hardin Road. Ten years ago, the same section of Johnson Lane carried 2,500 vehicle trips per day. Most of this increase occurred between 2020 and 2021. Impacts to the neighborhood streets will be determined at the time of the subdivision or master site plan application. Impacts will be mitigated.
Water and Sewerage: The property is within the Lockwood Water and Sewer District. Water and Sewer needs will be evaluated at the time of any new development. The type of development may be limited to the capacity the Lockwood Water & Sewer district can provide.
Schools and Parks: The proposed zoning of C3 would likely have no impact for Lockwood Schools. The zoning does not allow residential uses. The NX1 zoning does allow residential uses. It is not known how many units the 9 acre eastern portion could support. A general estimate based ont he zoning would be about seven unit per acre or about 60-65 new dwellings. Lockwood Schools now has over 1,300 students in kindergarten through high school.
Fire and Police: The subject property is serviced by the Lockwood Fire District and the Yellowstone County Sheriff's Department. Fire suppression requirements will be evaluated at the time of any new development.
4. Will the new zoning promote health and general welfare?
The new zoning will allow new development in an area identified 7 years ago as part of the new Lockwood Town Center area that will include commercial and mixed uses and a variety of housing choices for existing and new Lockwood residents. The potential for new development will require subdivision and site planning of the property to ensure the new development fits in with the existing neighborhood and any impacts from storm water, traffic are mitigated. This should promote the health and general welfare of the area.
5. Will the new zoning provide adequate light and air?
The proposed zoning districts of NX1 and C3 will require minimum setbacks, maximum building heights and maximum lot coverage. These requirements allow adequate light and air to reach the subject property and adjacent properties.
The proposed zoning itself will not generate more traffic. Any new use on the property may generate additional traffic on Johnson Lane. The impact of the new traffic will be evaluated at the time of development. Johnson Lane is slated to have pedestrian facilities as part of the Long Range Transportation Plan for the planning area. Any new development may require contributions to the development of pedestrian facilities. Pedestrian traffic in the area is limited due to no pedestrian facilities. The Lockwood Pedestrian Safety District is working to get sidewalks in Lockwood, it would be beneficial for the development and the Lockwood community to include sidewalks along Johnson Lane.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with nearby urban zoning and development. The proposed C3 zoning is compatible with the CMU2 and RMH zoning on the west side of Johnson Lane and will be compatible with the proposed zoning for property at 705 Johnson Lane (County ZC 717). The residential zoning that is adjacent to the east and north will be compatible with the proposed NX1 zoning. There will be required buffering between any development in commercial zone and the residential zone.
8. Does the new zoning consider the character of the district and the suitability of the property for particular uses?
The subject property has been identified in the 2016 Lockwood Growth Policy as an area for commercial and mixed use development in addition to moderate density housing. The character of the area is primarily commercial along both sides of Johnson Lane south of Old Hardin Road. The Lockwood Growth Policy stated this area should continue to provide commercial development and further south should become the "Lockwood Town Center" where mixed uses and civic buildings will be encouraged. The proposed zoning and uses are suitability for the potential uses.
9. Will the new zoning conserve the value of buildings?
The new zoning will allow new development. The existing single family residence will become a nonconforming use. New development generally improves property value in the area. This should encourage the increased value of surrounding property.
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the uses allowed in the C3 and NX1 zoning districts. These are appropriate uses of land in this area of the County and will encourage future investment in this property. The Lockwood Growth Policy calls out this area for commercial uses, mixed uses and moderate density housing.
11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The proposed zoning is not close to the city limits of Billings and is compatible with the typical urban development in this area of Lockwood.
RECOMMENDATION
Planning staff is recommending approval of Zone Change 719 and adoption of the proposed findings of the 11 review criteria.
Attachments
- Zoning Map and Site Photos
- Chart of Zoning History
- Application
- Pre application and meeting notes
- Application Letter