|
Item 2.
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| City Council Regular | |
| Date: | 11/25/2024 |
| Title: | City Zone Change 1058 - 2135 Grand Ave- CMU1 to CMU2- Public Hearing and First Reading |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
| Legal Review: | Not Applicable |
| Project Number: | PZX-24-00235 |
RECOMMENDATION
City Zoning Commission is recommending denial based on the findings of the 10 criteria for Zone Change 1058.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request from Corridor Mixed Use (CMU1) to Corridor Mixed Use and Commercial Centers (CMU2) to allow an existing auto dealership, Ryan Auto, to relocate to this location. There will be no new development or alteration to the existing building, other than maintenance. A building change of use permit application will be required should the rezoning be approved. A pre-application neighborhood meeting was held on September 17, 2024, at the subject property.
The CMU1 district is intended to accommodate commercial and other uses along transportation corridors to promote development that is comfortably accessible via all modes of transportation, including motor vehicles, bicycles, and walking. Commercial uses in the CMU1 district may be somewhat larger in scale and more flexible than the neighborhood mixed-use district, including more auto-oriented uses such as gas stations. While ground stories along streets are intended for commercial uses, any story could accommodate residential and/or office uses.
CMU2 district is similar in intent to CMU1, supporting commercial and other uses along transportation corridors to promote development that is comfortably accessible via all modes of transportation, including motor vehicles, bicycles, and walking. Ground stories along streets are still intended for commercial uses, any story could accommodate residential and/or office uses. CMU2 differs from CMU1 as it is meant to accommodate larger-scale commercial, warehouse-style buildings, and other more intense uses in multiple buildings on larger, deeper parcels along corridors.
The Corridor Mixed Use zones (CMU1 and CMU2) are districts appropriate for higher volume arterial and collector streets where access to the site accommodates both vehicle trips and pedestrian access. The CMU2 district specifically outlines larger, deeper parcels along the corridors and accommodation for larger-scale commercial and warehouse-style buildings. The parcel's shallow depth and proximity to a large public park, Rose Park, does not fit the intent of the CMU2 district. Additionally, the CMU2 district is not intended to be closer to neighborhood zones, including adjacent or across an alley from residences. While either zone would prohibit casinos or bars due to the parcel's proximity to Rose Park, it is the other allowed uses, such as, large format retail, car washes, outdoor sales lot, RV and trailer sales/service, taxi service yard, auto sales, and animal shelters that do not fit with the shallow lots and proximity to residential development and parks.
APPLICATION DATA
OWNER: Enterprise Investments, LLC., Paul Beck, Sole member
AGENT: Miles Ryan, Owner of Ryan Auto
LEGAL DESCRIPTION: West 22 feet of Lot 3 and all of Lots 4-9, Block 1 of Grand Vista Sub. S35, T01 N, R25 E
ADDRESS: 2135 Grand Ave
CURRENT ZONING: CMU1
EXISTING LAND USE: Multi-purpose, Retail, multi-occupancy (Formerly Montana Flooring)
PROPOSED USE: Used Auto Sales
SIZE OF PARCEL: 1.228 Acres
CONCURRENT APPLICATIONS
None
SURROUNDING LAND USE & ZONING
NORTH: Zoning: P1
Land Use: Rose Park
SOUTH: Zoning: CMU1
Land Use: Commercial multi-purpose retail, Bar/Casino, Offices
EAST: Zoning: CMU1
Land Use: Commercial multi-purpose retail
WEST: Zoning: CMU1
Land Use: Commercial multi-purpose retail
The CMU1 district is intended to accommodate commercial and other uses along transportation corridors to promote development that is comfortably accessible via all modes of transportation, including motor vehicles, bicycles, and walking. Commercial uses in the CMU1 district may be somewhat larger in scale and more flexible than the neighborhood mixed-use district, including more auto-oriented uses such as gas stations. While ground stories along streets are intended for commercial uses, any story could accommodate residential and/or office uses.
CMU2 district is similar in intent to CMU1, supporting commercial and other uses along transportation corridors to promote development that is comfortably accessible via all modes of transportation, including motor vehicles, bicycles, and walking. Ground stories along streets are still intended for commercial uses, any story could accommodate residential and/or office uses. CMU2 differs from CMU1 as it is meant to accommodate larger-scale commercial, warehouse-style buildings, and other more intense uses in multiple buildings on larger, deeper parcels along corridors.
The Corridor Mixed Use zones (CMU1 and CMU2) are districts appropriate for higher volume arterial and collector streets where access to the site accommodates both vehicle trips and pedestrian access. The CMU2 district specifically outlines larger, deeper parcels along the corridors and accommodation for larger-scale commercial and warehouse-style buildings. The parcel's shallow depth and proximity to a large public park, Rose Park, does not fit the intent of the CMU2 district. Additionally, the CMU2 district is not intended to be closer to neighborhood zones, including adjacent or across an alley from residences. While either zone would prohibit casinos or bars due to the parcel's proximity to Rose Park, it is the other allowed uses, such as, large format retail, car washes, outdoor sales lot, RV and trailer sales/service, taxi service yard, auto sales, and animal shelters that do not fit with the shallow lots and proximity to residential development and parks.
APPLICATION DATA
OWNER: Enterprise Investments, LLC., Paul Beck, Sole member
AGENT: Miles Ryan, Owner of Ryan Auto
LEGAL DESCRIPTION: West 22 feet of Lot 3 and all of Lots 4-9, Block 1 of Grand Vista Sub. S35, T01 N, R25 E
ADDRESS: 2135 Grand Ave
CURRENT ZONING: CMU1
EXISTING LAND USE: Multi-purpose, Retail, multi-occupancy (Formerly Montana Flooring)
PROPOSED USE: Used Auto Sales
SIZE OF PARCEL: 1.228 Acres
CONCURRENT APPLICATIONS
None
SURROUNDING LAND USE & ZONING
NORTH: Zoning: P1
Land Use: Rose Park
SOUTH: Zoning: CMU1
Land Use: Commercial multi-purpose retail, Bar/Casino, Offices
EAST: Zoning: CMU1
Land Use: Commercial multi-purpose retail
WEST: Zoning: CMU1
Land Use: Commercial multi-purpose retail
STAKEHOLDERS
The applicant conducted a pre-application meeting at the subject property on September 17, 2024. There were no surrounding property owners or interested parties that attended the pre-application meeting. The pre-application information and notes are attached to the report. Planning staff posted the property, mailed notices to owners within the required radius of the subject property, and published a legal ad in the newspaper. The planning staff also posted the application on our "Current Zoning Applications" web page. Planning staff received no comments or emails on the application prior to the writing of this report.
The Zoning Commission conducted a public hearing on November 6, 2024. Staff provided a brief presentation summarizing its recommendation. The applicant's representative, Justin Harkins, reviewed staff's criteria findings and explained why they believe the CMU2 zoning would benefit Billings at this location. They highlighted that Ryan Auto, as a small auto sales business, fits the scale of CMU1, but auto sales are not permitted under CMU1 zoning. The agent further detailed their proposal, expressing confidence that CMU2 zoning would align with their plans for the auto dealership at this location.
The Zoning Commissioners reviewed the findings related to the criteria and considered the recommendation for denial. They discussed that while the CMU2 zoning might not be suitable for this property, the small-scale auto sales operation itself would likely not negatively impact the area, although some other uses permitted under the CMU2 zone could pose concerns.
The Zoning Commission ultimately voted 3-1 to forward a recommendation of denial, based on the staff's determinations.
The Zoning Commission conducted a public hearing on November 6, 2024. Staff provided a brief presentation summarizing its recommendation. The applicant's representative, Justin Harkins, reviewed staff's criteria findings and explained why they believe the CMU2 zoning would benefit Billings at this location. They highlighted that Ryan Auto, as a small auto sales business, fits the scale of CMU1, but auto sales are not permitted under CMU1 zoning. The agent further detailed their proposal, expressing confidence that CMU2 zoning would align with their plans for the auto dealership at this location.
The Zoning Commissioners reviewed the findings related to the criteria and considered the recommendation for denial. They discussed that while the CMU2 zoning might not be suitable for this property, the small-scale auto sales operation itself would likely not negatively impact the area, although some other uses permitted under the CMU2 zone could pose concerns.
The Zoning Commission ultimately voted 3-1 to forward a recommendation of denial, based on the staff's determinations.
ALTERNATIVES
The City Council may:
- Approve the Zone Change and adopt different findings of the ten review criteria for Zone Change 1058; or,
- Deny the Zone Change and adopt the findings of the ten review criteria for Zone Change 1058 as recommended by the Zoning Commission; or,
- Delay action on the zone change request for up to 30 days at the request of the applicant or on its own motion;or
- Refer the application back to the Zoning Commission for an additional public hearing based on 1) new information submitted that the applicant and public has not had an opportunity to examine; or 2) new information has been presented that was never submitted or considered by the Zoning Commission or staff; or
- Allow the applicant to withdraw the zone change request.
FISCAL EFFECTS
Approval or denial of the proposed zone change should not have an effect on the Planning Division budget.
SUMMARY
Prior to making a decision, the City Council shall consider the following 10 statutory review criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is not consistent with the following guidelines of the 2016 Growth Policy:
Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.
Discourage random zone changes within the neighborhood that would conflict with the character of the neighborhood. The CMU2 zone district does not align with the subject property. The CMU2 district is meant to accommodate larger-scale commercial, warehouse-style buildings, and other uses in multiple buildings on larger, deeper parcels along transportation corridors. The subject property does not fit the CMU2 design for larger scale commercial "warehouse style" buildings and more intense uses. Approval of the zone change would have negative effects on the neighborhood public health, safety and welfare given the existing conditions and site development.
Prosperity (promoting equal opportunity and economic advancement):
- A diversity of available jobs can ensure a strong Billings' economy.
- Retaining and supporting existing businesses helps sustain a healthy economy.
The proposed zoning would allow an existing automobile sales operation to relocate its operations. Ryan Auto currently employs one employee, according to their City of Billings Business License. One job does not create a diversity of jobs. While the Growth Policy does advocate for supporting and retaining existing businesses for a healthy economy, the parcel is inappropriately sized and its proximity to the park and neighborhood create an impact to the community due to the larger scale uses that are allowable within CMU2. These uses are large format retail, vehicle sales and rental, RV and trailer sales, vehicle maintenance and repair, bus or taxi and parking, large format (over 50,000 sqft) amusement. While the proposed use is Ryan Auto and the existing building would remain the same, the rezoning must be evaluated based on all allowable uses.
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning (CMU2) requires minimum setbacks, open and landscaped areas and building separations, which creates security from fire and other dangers. The new zoning, as do all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers. Any new structures would comply with the building code and other development codes in Billings intended to keep places safe. The existing structure will be required to submit a change of use building application. The use will be evaluated for compliance with any differences in building code and parking requirements as well as site requirements. The parcel has access to municipal water which allows for fire protection. There is an existing fire hydrant adjacent to Grand Avenue on the east side of the parcel.
3. Whether the new zoning will promote public health, public safety and general welfare?
Public health, public safety and general welfare are not promoted by the proposed zoning. This parcel's size and proximity to residential neighborhoods and Rose Park do not protect public health, public safety or general welfare. The parcel is not a larger or deeper parcel that is designed for a "warehouse style" building. The uses allowed in CMU2 such as large format retail, vehicle sales and rental, RV and trailer sales, vehicle maintenance and repair, bus or taxi and parking, large format (over 50,000 sqft) amusement are not compatible to the neighborhood.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: CMU2 allowance of larger scale warehouses and commercial uses could create more traffic for the site and area. Grand Avenue is classified as a principal arterial. The proposed used car lot will create issues of loading and unloading cars, vehicle transporter, tow trucks, etc. The intersection of 22nd Street West and Grand Ave is not a fully controlled intersection. There is a stop sign on 22nd Street at Grand Avenue. Parking of vehicles for sale would be prohibited in clear vision areas. The parcel sizing is not adequate for larger scale uses and will contribute to issues and disruption on the adjacent streets for the uses allowable in CMU2.
Water and Sewer: The City provides water and sewer to the property.
Schools and Parks: This is a commercial development, therefore there are no identified concerns for schools. The parcel's proximity to a park and the associated community use is of concern. Rose Park is one of the larger City of Billings parks. The associated traffic through use of the park and additional possible traffic through allowable uses in CMU2, including the alley that runs behind the subject property and adjacent to the park increases safety concerns in the area.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments had no concerns about the zone change. As mentioned in Criteria 2 there is a fire hydrant on the east side of the parcel adjacent to Grand Avenue.
5. Will the new zoning provide adequate light and air?
The proposed CMU2 zoning includes minimum setback requirements to ensure adequate separation between structures, as well as sufficient light and airflow. The proposed zoning provides appropriate setbacks to meet these needs. The subject property in this case is already established with a completed building and surface parking. The new use will be required to submit a change of use application to the Building Division. The existing infrastructure will be evaluated to ensure adequate parking, site and building code requirements are met.
6. Will the new zoning affect motorized and non-motorized transportation?
CMU2 allowance of larger scale warehouses and commercial uses could create more traffic for the site and area. Grand Avenue is classified as a principal arterial. The proposed used car lot will create issues of loading and unloading cars, vehicle transporter, tow trucks, etc. The intersection of 22nd Street West and Grand Ave is not a fully controlled intersection with a stop sign on 22nd Street at the Grand Avenue intersection. Parking of vehicles for sale will be prohibited in clear vision areas. The parcel sizing is not adequate for larger scale uses and will contribute to issues and disruption on the adjacent streets for the uses allowable in CMU2. The current site also has a shortage of parking.
Off-Street Parking at 2135 Grand Avenue
7. Will the new zoning promote compatible urban growth?
The proposed zoning is not compatible with the adjacent zoning and existing urban growth in the vicinity. Existing CMU1 zones are located to the south, east and west. The subject property will be separated from residential uses by a street width and is directly adjacent to a large public park. The CMU2 district is meant to accommodate larger-scale commercial, warehouse-style buildings, and other uses in multiple buildings on larger, deeper parcels along corridors. The subject property does not fit the CMU2 design for larger scale commercial "warehouse style" buildings or the more intense uses CMU2 allows. Approval of the zone change would have negative effects on public health, safety and welfare given the existing conditions and site development.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning of CMU2 will allow an existing auto sales business to relocate. CMU2 differs from CMU1 as it is meant to accommodate larger-scale commercial, warehouse-style buildings, and other uses in multiple buildings on larger, deeper parcels along corridors. The subject property does not fit the desired description of the CMU2, as it is meant to accommodate larger-scale commercial, warehouse-style buildings on deeper lots with multiple buildings. While the current proposed use is Ryan Automotive, a small-scale used car sales lot, all allowable uses in CMU2 must be evaluated. These uses include large format retail, vehicle sales and rental, RV and trailer sales, vehicle maintenance and repair, bus or taxi and parking, large format (over 50,000 sqft) amusement, and animal shelters. These uses would not be considered suitable for this location and do not fit the character of the district.
9. Will the new zoning conserve the value of buildings?
Since no building improvements are planned it is likely that surrounding building values will not be affected. Livability would diminish as any new use that is totally vehicle oriented will impact the adjacent neighborhood streets. The closest signalized intersection is two blocks to the east. Safe left turns could require people to drive through the neighborhood to get to 19th Street West to make those turns.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The property does not align with the specific intent of CMU2 zone specification, which is designed for larger-scale commercial, warehouse-style buildings, and multiple structures on larger, deeper parcels along major corridors. Additionally, the allowable uses such as large format retail, vehicle sales and rental, RV and trailer sales, vehicle maintenance and repair, bus or taxi and parking, large format (over 50,000 sqft) amusement, and animal shelters. These uses would not be considered suitable for this location and do not fit the character of the district.
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is not consistent with the following guidelines of the 2016 Growth Policy:
Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.
Discourage random zone changes within the neighborhood that would conflict with the character of the neighborhood. The CMU2 zone district does not align with the subject property. The CMU2 district is meant to accommodate larger-scale commercial, warehouse-style buildings, and other uses in multiple buildings on larger, deeper parcels along transportation corridors. The subject property does not fit the CMU2 design for larger scale commercial "warehouse style" buildings and more intense uses. Approval of the zone change would have negative effects on the neighborhood public health, safety and welfare given the existing conditions and site development.
Prosperity (promoting equal opportunity and economic advancement):
- A diversity of available jobs can ensure a strong Billings' economy.
- Retaining and supporting existing businesses helps sustain a healthy economy.
The proposed zoning would allow an existing automobile sales operation to relocate its operations. Ryan Auto currently employs one employee, according to their City of Billings Business License. One job does not create a diversity of jobs. While the Growth Policy does advocate for supporting and retaining existing businesses for a healthy economy, the parcel is inappropriately sized and its proximity to the park and neighborhood create an impact to the community due to the larger scale uses that are allowable within CMU2. These uses are large format retail, vehicle sales and rental, RV and trailer sales, vehicle maintenance and repair, bus or taxi and parking, large format (over 50,000 sqft) amusement. While the proposed use is Ryan Auto and the existing building would remain the same, the rezoning must be evaluated based on all allowable uses.
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning (CMU2) requires minimum setbacks, open and landscaped areas and building separations, which creates security from fire and other dangers. The new zoning, as do all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers. Any new structures would comply with the building code and other development codes in Billings intended to keep places safe. The existing structure will be required to submit a change of use building application. The use will be evaluated for compliance with any differences in building code and parking requirements as well as site requirements. The parcel has access to municipal water which allows for fire protection. There is an existing fire hydrant adjacent to Grand Avenue on the east side of the parcel.
3. Whether the new zoning will promote public health, public safety and general welfare?
Public health, public safety and general welfare are not promoted by the proposed zoning. This parcel's size and proximity to residential neighborhoods and Rose Park do not protect public health, public safety or general welfare. The parcel is not a larger or deeper parcel that is designed for a "warehouse style" building. The uses allowed in CMU2 such as large format retail, vehicle sales and rental, RV and trailer sales, vehicle maintenance and repair, bus or taxi and parking, large format (over 50,000 sqft) amusement are not compatible to the neighborhood.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: CMU2 allowance of larger scale warehouses and commercial uses could create more traffic for the site and area. Grand Avenue is classified as a principal arterial. The proposed used car lot will create issues of loading and unloading cars, vehicle transporter, tow trucks, etc. The intersection of 22nd Street West and Grand Ave is not a fully controlled intersection. There is a stop sign on 22nd Street at Grand Avenue. Parking of vehicles for sale would be prohibited in clear vision areas. The parcel sizing is not adequate for larger scale uses and will contribute to issues and disruption on the adjacent streets for the uses allowable in CMU2.
Water and Sewer: The City provides water and sewer to the property.
Schools and Parks: This is a commercial development, therefore there are no identified concerns for schools. The parcel's proximity to a park and the associated community use is of concern. Rose Park is one of the larger City of Billings parks. The associated traffic through use of the park and additional possible traffic through allowable uses in CMU2, including the alley that runs behind the subject property and adjacent to the park increases safety concerns in the area.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments had no concerns about the zone change. As mentioned in Criteria 2 there is a fire hydrant on the east side of the parcel adjacent to Grand Avenue.
5. Will the new zoning provide adequate light and air?
The proposed CMU2 zoning includes minimum setback requirements to ensure adequate separation between structures, as well as sufficient light and airflow. The proposed zoning provides appropriate setbacks to meet these needs. The subject property in this case is already established with a completed building and surface parking. The new use will be required to submit a change of use application to the Building Division. The existing infrastructure will be evaluated to ensure adequate parking, site and building code requirements are met.
6. Will the new zoning affect motorized and non-motorized transportation?
CMU2 allowance of larger scale warehouses and commercial uses could create more traffic for the site and area. Grand Avenue is classified as a principal arterial. The proposed used car lot will create issues of loading and unloading cars, vehicle transporter, tow trucks, etc. The intersection of 22nd Street West and Grand Ave is not a fully controlled intersection with a stop sign on 22nd Street at the Grand Avenue intersection. Parking of vehicles for sale will be prohibited in clear vision areas. The parcel sizing is not adequate for larger scale uses and will contribute to issues and disruption on the adjacent streets for the uses allowable in CMU2. The current site also has a shortage of parking.
Off-Street Parking at 2135 Grand Avenue
- Current Requirements:
- (13,638sqft) Retail Use: Requires 49 off-street parking spaces
- (3,870sqft) Warehouse Use: Requires 4 off-street parking spaces
- Total Required: 53 off-street spaces
- Proposed Use Requirements:
- 1 parking space per 1,000 sq. ft. of sales floor area, plus parking for at least 4 vehicles for sale.
7. Will the new zoning promote compatible urban growth?
The proposed zoning is not compatible with the adjacent zoning and existing urban growth in the vicinity. Existing CMU1 zones are located to the south, east and west. The subject property will be separated from residential uses by a street width and is directly adjacent to a large public park. The CMU2 district is meant to accommodate larger-scale commercial, warehouse-style buildings, and other uses in multiple buildings on larger, deeper parcels along corridors. The subject property does not fit the CMU2 design for larger scale commercial "warehouse style" buildings or the more intense uses CMU2 allows. Approval of the zone change would have negative effects on public health, safety and welfare given the existing conditions and site development.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning of CMU2 will allow an existing auto sales business to relocate. CMU2 differs from CMU1 as it is meant to accommodate larger-scale commercial, warehouse-style buildings, and other uses in multiple buildings on larger, deeper parcels along corridors. The subject property does not fit the desired description of the CMU2, as it is meant to accommodate larger-scale commercial, warehouse-style buildings on deeper lots with multiple buildings. While the current proposed use is Ryan Automotive, a small-scale used car sales lot, all allowable uses in CMU2 must be evaluated. These uses include large format retail, vehicle sales and rental, RV and trailer sales, vehicle maintenance and repair, bus or taxi and parking, large format (over 50,000 sqft) amusement, and animal shelters. These uses would not be considered suitable for this location and do not fit the character of the district.
9. Will the new zoning conserve the value of buildings?
Since no building improvements are planned it is likely that surrounding building values will not be affected. Livability would diminish as any new use that is totally vehicle oriented will impact the adjacent neighborhood streets. The closest signalized intersection is two blocks to the east. Safe left turns could require people to drive through the neighborhood to get to 19th Street West to make those turns.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The property does not align with the specific intent of CMU2 zone specification, which is designed for larger-scale commercial, warehouse-style buildings, and multiple structures on larger, deeper parcels along major corridors. Additionally, the allowable uses such as large format retail, vehicle sales and rental, RV and trailer sales, vehicle maintenance and repair, bus or taxi and parking, large format (over 50,000 sqft) amusement, and animal shelters. These uses would not be considered suitable for this location and do not fit the character of the district.