Regular 5.
Regular City Council Meeting
- Meeting Date:
- 08/24/2020
- TITLE
- Zone Change 981 - 750 Broadwater - PD Amendment
- PRESENTED BY:
- Nicole Cromwell
- Department:
- Planning & Community Services
- Division:
- Planning
RECOMMENDATION
The City Zoning Commission recommends the City Council approve Zone Change 981 and adopt the findings of the ten review criteria.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request to add auto sales as an allowed use in the Yellowstone Planned Development - Neighborhood Commercial (NC) zone, on Block 4, Lot 27-31 & 26A, 26B (1st 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 at 5:30 pm at 750 Broadwater.
The property is owned by Russ and Colleen Cherry and the prospective buyer is Dusty Sims, owner of the MT Auto Outlet, currently located at 4750 Underpass Avenue. This is a request to add a use to an existing Planned Development zone at the corner of Broadwater Avenue and 8th St West. The property has been developed for auto related uses since at least 1970, just prior to the current zoning code adoption. In 1994, the owner was approved to change the use to a car wash through special review approval. Subsequently, a zone change was approved in 1998 to make this parcel a Planned Development with underlying NC zoning to allow a car rental lot. In 2002, an application to allow an auto repair business was approved by the City Council.
The applicant intends to keep the major site improvements in place with some refreshing and updating. Due to the age of the existing recorded Planned Development, the agreement has been re-written from the original to include standard language for the PD and to include the previous special review approvals. The proposed amendment will allow a small auto sales business. There are restrictions written in the PD agreement that will ensure site improvements meet city code in place when the improvements are done. These include items such as storm water management, landscaping, and parking. The PD agreement specifies no changes in the site can make it less conforming to current city codes.
The current site is at a major intersection in the Central Terry neighborhood west of downtown. A vacant and unused property at this corner is proposed to be renovated for a use similar to the prior uses of the property. This is intersection of Broadwater handles 15,000 to 18,000 vehicle trips per day and 8th St West handles about 7,000 trips per day, both of which are appropriate volumes given the designations located on the city's Functional Classification Map. The applicant is not proposing to change any of the existing driveways or access points on the property. A small auto sales lot may generate some additional "destination" traffic but may rely on drive-by trips for customer traffic on to the property.
Auto sales are not an allowed use in the standard NC zone district. The PD was created to allow uses not normally allowed in the NC zone related to automobiles. The PD will continue to allow uses that are allowed by special review approval and will prohibit uses not normally allowed in the NC zone except for the uses listed in the PD agreement.
Planning staff conducted a preliminary review meeting, as required by the PD zoning regulations, with the applicant and the surrounding owners via Zoom on July 24, 2020. One owner Casey Lujan, 820 Broadwater, provided comment to the applicant concerning signs, advertising and site security. Mr. Sims, the purchaser of the property, explained his business model is not like other car lots that use flags and distracting advertising on the lot to attract business. Mr. Sims stated he intends to add security cameras and systems. Carlos Davey, real estate agent for the property, explained that a vacant and unused property is more likely to bring down property values. Planning staff has attached the pre-application meeting notes and attendance sheet to the staff report.
Prior to making its decision on the zone change, the City Council shall consider the Zoning Commission's recommended findings of the ten criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy and the Central Terry Neighborhood Plan (1999).
Strong Neighborhoods:
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum setbacks, open and landscaped areas and building separations. The new zoning, as do all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers.
3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety will be promoted by the proposed zoning. Vacant buildings and property tend to attract vandalism and trespassing. Vacant buildings also tend to bring down surrounding market values. Reuse of the property will reduce these effect and benefit the health, safety and welfare of the surrounding neighbors.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: There should be little impact from the proposed new use of the property. Prior uses - a carwash, car rental, and auto repair all generate more customer and employee traffic than a small auto sales lot. All driveways and access to the property will remain the same.
5. Will the new zoning provide adequate light and air?
The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. The NC building and site development requirement will apply to the property.
6. Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning and new uses should have limited effect on transportation. A special condition was placed in the amended PD to restrict parking of vehicles along the street front so they do not hang over the public sidewalk. This has been a issue with other small auto sales lots in the community.
7. Will the new zoning will promote compatible urban growth?
A corner lot at a high traffic intersection such as Broadwater and 8th St W is an ideal location for businesses and commercial activity. The property has been used for auto-related uses for the last 50 years. It is a compatible and predictable use of the
property.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning does consider the character of the district and the suitability of the property for the proposed use.
9. Will the new zoning conserve the value of buildings?
The proposed zoning will conserve the value of the existing building. The building is designed for auto related uses and customers services. Conversion to a different use - such as retail or personal services - would require a large investment in the building. Due to specialized nature of some service businesses, it may not be possible to renovate to a non-auto related use and the building would have to be torn down.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning may encourage the most appropriate use of this land in Billings. This specific location and use is appropriate.
The property is owned by Russ and Colleen Cherry and the prospective buyer is Dusty Sims, owner of the MT Auto Outlet, currently located at 4750 Underpass Avenue. This is a request to add a use to an existing Planned Development zone at the corner of Broadwater Avenue and 8th St West. The property has been developed for auto related uses since at least 1970, just prior to the current zoning code adoption. In 1994, the owner was approved to change the use to a car wash through special review approval. Subsequently, a zone change was approved in 1998 to make this parcel a Planned Development with underlying NC zoning to allow a car rental lot. In 2002, an application to allow an auto repair business was approved by the City Council.
The applicant intends to keep the major site improvements in place with some refreshing and updating. Due to the age of the existing recorded Planned Development, the agreement has been re-written from the original to include standard language for the PD and to include the previous special review approvals. The proposed amendment will allow a small auto sales business. There are restrictions written in the PD agreement that will ensure site improvements meet city code in place when the improvements are done. These include items such as storm water management, landscaping, and parking. The PD agreement specifies no changes in the site can make it less conforming to current city codes.
The current site is at a major intersection in the Central Terry neighborhood west of downtown. A vacant and unused property at this corner is proposed to be renovated for a use similar to the prior uses of the property. This is intersection of Broadwater handles 15,000 to 18,000 vehicle trips per day and 8th St West handles about 7,000 trips per day, both of which are appropriate volumes given the designations located on the city's Functional Classification Map. The applicant is not proposing to change any of the existing driveways or access points on the property. A small auto sales lot may generate some additional "destination" traffic but may rely on drive-by trips for customer traffic on to the property.
Auto sales are not an allowed use in the standard NC zone district. The PD was created to allow uses not normally allowed in the NC zone related to automobiles. The PD will continue to allow uses that are allowed by special review approval and will prohibit uses not normally allowed in the NC zone except for the uses listed in the PD agreement.
Planning staff conducted a preliminary review meeting, as required by the PD zoning regulations, with the applicant and the surrounding owners via Zoom on July 24, 2020. One owner Casey Lujan, 820 Broadwater, provided comment to the applicant concerning signs, advertising and site security. Mr. Sims, the purchaser of the property, explained his business model is not like other car lots that use flags and distracting advertising on the lot to attract business. Mr. Sims stated he intends to add security cameras and systems. Carlos Davey, real estate agent for the property, explained that a vacant and unused property is more likely to bring down property values. Planning staff has attached the pre-application meeting notes and attendance sheet to the staff report.
Prior to making its decision on the zone change, the City Council shall consider the Zoning Commission's recommended findings of the ten criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy and the Central Terry Neighborhood Plan (1999).
Strong Neighborhoods:
1) Implementation of the Infill Policy is important to encourage development of underutilized properties
Prosperity:
1) Successful businesses that provide local jobs benefit the community
2) Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
3) Retaining and supporting existing businesses helps sustain a healthy economy
The Central Terry Neighborhood Plan goals:
2) Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
3) Retaining and supporting existing businesses helps sustain a healthy economy
1) To encourage rehabilitation of structures throughout the neighborhood
2) Maintain existing "core" residential areas, while strongly discouraging commercial intrusion into existing neighborhoods
The proposed re-use of a vacant building and site developed for auto-centric uses will help stabilize this area, allow a local business to continue and helps implement the infill policy to use existing infrastructure whenever possible.2) Maintain existing "core" residential areas, while strongly discouraging commercial intrusion into existing neighborhoods
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum setbacks, open and landscaped areas and building separations. The new zoning, as do all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers.
3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety will be promoted by the proposed zoning. Vacant buildings and property tend to attract vandalism and trespassing. Vacant buildings also tend to bring down surrounding market values. Reuse of the property will reduce these effect and benefit the health, safety and welfare of the surrounding neighbors.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: There should be little impact from the proposed new use of the property. Prior uses - a carwash, car rental, and auto repair all generate more customer and employee traffic than a small auto sales lot. All driveways and access to the property will remain the same.
5. Will the new zoning provide adequate light and air?
The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. The NC building and site development requirement will apply to the property.
6. Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning and new uses should have limited effect on transportation. A special condition was placed in the amended PD to restrict parking of vehicles along the street front so they do not hang over the public sidewalk. This has been a issue with other small auto sales lots in the community.
7. Will the new zoning will promote compatible urban growth?
A corner lot at a high traffic intersection such as Broadwater and 8th St W is an ideal location for businesses and commercial activity. The property has been used for auto-related uses for the last 50 years. It is a compatible and predictable use of the
property.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning does consider the character of the district and the suitability of the property for the proposed use.
9. Will the new zoning conserve the value of buildings?
The proposed zoning will conserve the value of the existing building. The building is designed for auto related uses and customers services. Conversion to a different use - such as retail or personal services - would require a large investment in the building. Due to specialized nature of some service businesses, it may not be possible to renovate to a non-auto related use and the building would have to be torn down.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning may encourage the most appropriate use of this land in Billings. This specific location and use is appropriate.
STAKEHOLDERS
The Zoning Commission conducted a public hearing via Zoom on August 4, 2020 and received the staff recommendation of approval and testimony from the owner and prospective buyer. No other testimony was received.
The Zoning Commission considered the proposed findings of the ten criteria and the testimony provided. Commission member Dan Brooks made a motion to recommend approval of Zone Change 981 and the motion was seconded by Commission member Jack King. The motion was approved on a 4-0 vote.
The Zoning Commission considered the proposed findings of the ten criteria and the testimony provided. Commission member Dan Brooks made a motion to recommend approval of Zone Change 981 and the motion was seconded by Commission member Jack King. The motion was approved on a 4-0 vote.
ALTERNATIVES
The City Council may:
- Adopt the findings of the 10 criteria as recommended by the Zoning Commission and approve the application; or
- Amend the findings of the 10 criteria as recommended by the Zoning Commission and approve or deny the application; or
- Delay action up to 30 days.
FISCAL EFFECTS
Approval of the Zone Change will have no direct impact on the Planning Division budget.