|
Regular
|
| Board of Adjustment | |
| Date: | 10/04/2023 |
| Title: | Variance 1369- 502 Wicks Lane - Parking siting |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending denial and adoption of the findings of the criteria for Variance 1369.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request from Table 27-400.5-B.8 requiring surface or accessory parking location to be either in the rear yard or limited in the front or side yard in a Neighborhood Office (NO) to allow unlimited parking in the front yard on the west 25 feet of lot 9 and the east 50 feet of lot 10 of Block 1 (less 750 sf street) of Arrowhead Subd., an 0.863 acre parcel of land. The purpose of the variance is to allow an existing commercial structure to remain in place while a replacement structure is built on the site.
The new zoning code adopted by the city in January 2021 is intended to help achieve the goals of the 2016 Growth Policy. Those goals include making sure investments in new infrastructure increase the stability and sustainability of existing property values, create quality entryways to the city, and provide safe transportation systems that support all modes of travel. A key feature of the new code is the requirement to enhance all city streets by bringing buildings to the street frontage of lots and/or placing parking areas to the side or rear of buildings. The NO zone is not a zone where the building must be placed along the street front, but parking is required to be in the side yard or rear yard of the new structure. Both the building location and the parking location contribute to making the most of the city's investment in the street and increases the safety of all modes of travel. Streets that are lined with buildings tend to slow the speed of traffic while streets lined with parking lots and fewer structures tend to increase traffic speeds. The driver's perception of a safe travel speed is tied directly to objects and structures within the driver's field of vision. Driver's will tend to ignore posted speed limits if the design of the road and the lack of roadside structures indicates a higher speed is just as safe as the posted limit. There are several arterial, collector and even local streets in Billings that encourage higher speeds through design and the lack of roadside structures and other improvements.
This request will be a precedent case before the Board of Adjustment. The Board has granted four other variances in the past two years related specifically to the new code requirements for commercial or industrial zones. The first variance related to the required build-to zone for a new building was on Blue Creek Road in a mixed use zone. The parcel had a physical hardship - a mapped flood plain - across the entire frontage of the parcel. This flood plain would not allow the placement of the new building at the required build-to zone. The board conditionally granted this request. A second variance was conditionally approved in 2022 for a larger building sign for the new Coca-Cola bottling plant on South Frontage Road. The board found there was a hardship with this location that was not applicable to other land in the area, and the board had granted similar sign variances in the past. The third variance was conditionally approved for the new Costco location for parking siting to be located primarily in the front of the building, and along the side as well, the determination was that the land hardship with the location of the Canyon Creek ditch was hindering placement of the building to allow rear yard parking. The most recent was a variance on 3160 South Frontage Rd. to allow Parking to be located in the front of the building due to circulation restrictions and an adjacent natural gas pipeline.
The applicant states the hardship with this parcel is the existing location of the current office building. The clinic (Wicks Dental clinic) would like to remain open during construction, so the building would remain in place until the construction of the new building is complete. Staff's interpretation of the code does not consider this a hardship, specifically, there is no hardship with the land and with the Planning Division approval of building permit 23-00771, with a building design that is in compliance to the code and Table 27-400.5-B.8, not requiring a variance. The site layout and design of this approved building permit also shows the site could be developed in conformance with the parking siting requirements, and maintain the existing building during construction. There appear to be several ways to construct the building on the site per the zoning code requirements and still have the existing building remain for all or most of the construction of the new building.
Planning staff has reviewed Wicks Dental preferred site plan and is recommending denial to the Board of Adjustment. The applicant has not proven a hardship with the land. The applicant has not demonstrated the requested variance would be the minimum variance from the code requirement to accommodate the development and not cause unnecessary hardship. The building can be constructed in compliance as demonstrated by the Planning Division approved building permit design. This project had a site layout that provided the parking to the east side portion of the site and oriented the building and its entrance to face the parking area and address traffic circulation.
The Permit 23-00771 fit the parking siting per Section 27-802.B.8 Surface or Accessory Parking Yard Locations
Surface parking lots and accessory parking structures or buildings are allowed in different yards per the site and structure regulations for each district. Limited parking for different yards is defined as follows:
(a) Limited Side Yard Parking. Where allowed, limited side yard parking is one double-loaded drive aisle of surface parking, perpendicular to the front lot line, with a maximum paving width of 65 feet, located in the side yard of the lot.
(b) Limited Front Yard Parking. Where allowed, limited front yard parking is one single-loaded drive aisle of surface parking, parallel to the front lot line, with a maximum paving depth of 40 feet, located in the front yard of the lot. The parking must be located on the building side of the drive aisle and curbed sidewalk is required between the parking and the building
Since the first site proposal, Wicks Dental has abandoned the approved plans and provided the proposed site plan included with this variance application. Staff does not agree that a variance is needed or necessary as it conflicts with the intent of the Zoning Code and the Growth Policy.
APPLICATION DATA
OWNER: Laighton Jones, Dental Properties, LLC
AGENT: Taylor Kasperick, Performance Eng.
PURPOSE: To allow unlimited front parking
LEGAL DESCRIPTION: Lot 9 & 10, Block 1, Arrowhead Subd.
ADDRESS: 502 Wicks Lane
SIZE OF PARCEL: 0.863 acres
ZONING: NO
EXISTING LAND USE: Dental Office-Clinic
PROPOSED LAND USE: Same
SURROUNDING ZONING & LAND USE
NORTH: Zoning: NO, N2
Land Use: Crane Rental service, Residential
SOUTH: Zoning: N2, NX1
Land Use: Residential single family, residential duplex
EAST: Zoning: NMU
Land Use: Commercial shopping center
WEST: N2
Land Use: Residential single family
Planning staff is recommending denial based on staff recommended findings of the variance review criteria.
The new zoning code adopted by the city in January 2021 is intended to help achieve the goals of the 2016 Growth Policy. Those goals include making sure investments in new infrastructure increase the stability and sustainability of existing property values, create quality entryways to the city, and provide safe transportation systems that support all modes of travel. A key feature of the new code is the requirement to enhance all city streets by bringing buildings to the street frontage of lots and/or placing parking areas to the side or rear of buildings. The NO zone is not a zone where the building must be placed along the street front, but parking is required to be in the side yard or rear yard of the new structure. Both the building location and the parking location contribute to making the most of the city's investment in the street and increases the safety of all modes of travel. Streets that are lined with buildings tend to slow the speed of traffic while streets lined with parking lots and fewer structures tend to increase traffic speeds. The driver's perception of a safe travel speed is tied directly to objects and structures within the driver's field of vision. Driver's will tend to ignore posted speed limits if the design of the road and the lack of roadside structures indicates a higher speed is just as safe as the posted limit. There are several arterial, collector and even local streets in Billings that encourage higher speeds through design and the lack of roadside structures and other improvements.
This request will be a precedent case before the Board of Adjustment. The Board has granted four other variances in the past two years related specifically to the new code requirements for commercial or industrial zones. The first variance related to the required build-to zone for a new building was on Blue Creek Road in a mixed use zone. The parcel had a physical hardship - a mapped flood plain - across the entire frontage of the parcel. This flood plain would not allow the placement of the new building at the required build-to zone. The board conditionally granted this request. A second variance was conditionally approved in 2022 for a larger building sign for the new Coca-Cola bottling plant on South Frontage Road. The board found there was a hardship with this location that was not applicable to other land in the area, and the board had granted similar sign variances in the past. The third variance was conditionally approved for the new Costco location for parking siting to be located primarily in the front of the building, and along the side as well, the determination was that the land hardship with the location of the Canyon Creek ditch was hindering placement of the building to allow rear yard parking. The most recent was a variance on 3160 South Frontage Rd. to allow Parking to be located in the front of the building due to circulation restrictions and an adjacent natural gas pipeline.
The applicant states the hardship with this parcel is the existing location of the current office building. The clinic (Wicks Dental clinic) would like to remain open during construction, so the building would remain in place until the construction of the new building is complete. Staff's interpretation of the code does not consider this a hardship, specifically, there is no hardship with the land and with the Planning Division approval of building permit 23-00771, with a building design that is in compliance to the code and Table 27-400.5-B.8, not requiring a variance. The site layout and design of this approved building permit also shows the site could be developed in conformance with the parking siting requirements, and maintain the existing building during construction. There appear to be several ways to construct the building on the site per the zoning code requirements and still have the existing building remain for all or most of the construction of the new building.
Planning staff has reviewed Wicks Dental preferred site plan and is recommending denial to the Board of Adjustment. The applicant has not proven a hardship with the land. The applicant has not demonstrated the requested variance would be the minimum variance from the code requirement to accommodate the development and not cause unnecessary hardship. The building can be constructed in compliance as demonstrated by the Planning Division approved building permit design. This project had a site layout that provided the parking to the east side portion of the site and oriented the building and its entrance to face the parking area and address traffic circulation.
The Permit 23-00771 fit the parking siting per Section 27-802.B.8 Surface or Accessory Parking Yard Locations
Surface parking lots and accessory parking structures or buildings are allowed in different yards per the site and structure regulations for each district. Limited parking for different yards is defined as follows:
(a) Limited Side Yard Parking. Where allowed, limited side yard parking is one double-loaded drive aisle of surface parking, perpendicular to the front lot line, with a maximum paving width of 65 feet, located in the side yard of the lot.
(b) Limited Front Yard Parking. Where allowed, limited front yard parking is one single-loaded drive aisle of surface parking, parallel to the front lot line, with a maximum paving depth of 40 feet, located in the front yard of the lot. The parking must be located on the building side of the drive aisle and curbed sidewalk is required between the parking and the building
Since the first site proposal, Wicks Dental has abandoned the approved plans and provided the proposed site plan included with this variance application. Staff does not agree that a variance is needed or necessary as it conflicts with the intent of the Zoning Code and the Growth Policy.
APPLICATION DATA
OWNER: Laighton Jones, Dental Properties, LLC
AGENT: Taylor Kasperick, Performance Eng.
PURPOSE: To allow unlimited front parking
LEGAL DESCRIPTION: Lot 9 & 10, Block 1, Arrowhead Subd.
ADDRESS: 502 Wicks Lane
SIZE OF PARCEL: 0.863 acres
ZONING: NO
EXISTING LAND USE: Dental Office-Clinic
PROPOSED LAND USE: Same
SURROUNDING ZONING & LAND USE
NORTH: Zoning: NO, N2
Land Use: Crane Rental service, Residential
SOUTH: Zoning: N2, NX1
Land Use: Residential single family, residential duplex
EAST: Zoning: NMU
Land Use: Commercial shopping center
WEST: N2
Land Use: Residential single family
Planning staff is recommending denial based on staff recommended findings of the variance review criteria.
STAKEHOLDERS
Planning staff notified owners by mail, posted the property and published the legal ad as required. As of the date of this staff report, no comments or concerns have been registered with the Planning Division.
ALTERNATIVES
The Board of Adjustment may:
- Deny the requested variance and adopt the proposed findings of fact for the review criteria as recommended by the Planning staff;
- Approve the requested variance with conditions and amended findings of fact for the criteria;
- Approve the requested variance with no conditions and amended findings of fact for the criteria;
- Allow the applicant to withdraw the variance request; or
- Delay action on the variance to a future BOA meeting.
FISCAL EFFECTS
Approval or denial of the requested variance will have no financial effect on the Planning Division budget.
SUMMARY
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
The applicant states a hardship with the subject property is the existing location of the current office building. The clinic (Wicks Dental clinic) would like to remain open during construction, so the building would remain in place until the construction of the new building is complete. The applicant states that the building could not be constructed in conformance with the required parking location with the existing building still standing. Staff's interpretation of the code does not consider their reason a hardship. There is no hardship with the land, and there is a building permit (BP-23-00771) approved by the Planning Division, with a building design and parking layout that is in compliance with Table 27-400.5-B.2, not requiring a variance. The site layout and design of this approved building permit shows the site could be developed in conformance with the parking siting requirements, and maintain the existing building during construction. The applicant has not proven a hardship with the land. The building can be constructed in compliance as demonstrated by the Planning Division approved building permit design. This project had a site layout that provided the parking to the east side portion of the site and oriented the building and its entrance to face the parking area and address traffic circulation. Since the first site proposal, Wicks Dental has abandoned the approved plans and provided the proposed site plan included with this variance application. Staff does not agree that a variance is needed or necessary as it conflicts with the intent of the Zoning Code and the Growth Policy.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
There are no similar or precedent cases for the board to weigh for this application. Under the previous zoning code for the city, parking lots were allowed in any location on a lot in relation to the building and street frontage. Most of the nearby commercial developments have the buildings to the rear or somewhat centered on the lots with parking lots toward the front property line and some with parking front side and rear. Large front yard parking lots are an outdated pattern of suburban commercial development. It is inefficient and a costly development pattern to sustain over time. The right to place parking in the front of a building is commonly enjoyed by some previous developments in the area. The rights commonly enjoyed by others in the district are now considered non-conforming site characteristics. The applicant has not demonstrated the requested variance would be the minimum variance from the code requirement to accommodate the development and not cause unnecessary hardship. It would not be consistent with current regulations to grant a variance based on prior development standards. New developments are required to meet current regulations - not prior regulations. It also appears that design preferences for the site conflict with an approved building permit and site plan for development.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Granting this variance as requested may confer on the applicant a special privilege because this request is a precedent request before the board. While surrounding properties may have developed in a similar way under the previous zoning regulations, the new zoning code is intended to move away from this style of development. Variance requests should tend to be the minimum required to accommodate the proposed construction. The building could be constructed in compliance with the parking standards as evidenced by the approved building permit site plan (in attachments).
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
Granting this variance as requested will not meet the general purposes and intent of the zoning regulations and the 2016 Growth Policy. The Growth Policy guidelines encourage new developments that support existing investments in infrastructure, stabilize and grow the city's tax base and enhance entryways to the city. The proposed development is not in conformance with these stated goals and guidelines. The zoning regulations were adopted to specifically require the placement of surface parking lots to the side or rear of buildings to minimize the inefficient use of land on the street frontage, create street frontages that benefit the community at large, minimize the need for over-sized signs, and allow for the sustainable and adaptable use of commercial land.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;
Staff is not recommending conditions for the variance request. Below are draft conditions if the Board adopts different findings for the above criteria that what staff has presented.
1. This is a variance request from Table 27-400.5-B.8 requiring surface or accessory parking location to be either in the rear yard or limited in the front or side yard in a Neighborhood Office (NO) to allow unlimited parking in the front yard.
2. The variance is limited to the west 25 feet of lot 9 and the east 50 feet of lot 10 of Block 1 (less 750 sf street) of Arrowhead Subd., an 0.863 acre parcel of land generally located on 502 Wicks Lane.
3. All parking lot lighting shall be installed at a maximum height of 15 feet, including the base and fixture. All parking lot and building wall lighting - except for signage - shall have full cutoff shields so no part of the lens or fixture is visible.
4. The applicant will apply for a building permit within 1 year of Board approval and complete the project within 3 years of Board approval.
5. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
6. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease-holders, heirs and assigns.
2. The variance is limited to the west 25 feet of lot 9 and the east 50 feet of lot 10 of Block 1 (less 750 sf street) of Arrowhead Subd., an 0.863 acre parcel of land generally located on 502 Wicks Lane.
3. All parking lot lighting shall be installed at a maximum height of 15 feet, including the base and fixture. All parking lot and building wall lighting - except for signage - shall have full cutoff shields so no part of the lens or fixture is visible.
4. The applicant will apply for a building permit within 1 year of Board approval and complete the project within 3 years of Board approval.
5. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
6. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease-holders, heirs and assigns.
3) The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is not recommending any conditions of approval. If the Board chooses to adopt different findings of the primary criteria, there are time limits prescribed in the draft conditions.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Dental office and clinic are allowed in the NO district.
Attachments
- Zoning Map & Site Photos
- Application & Applicant Letter
- Proposed Site Plan
- Site Plan approved under BP2300771