|
|
| Zoning Commission | |
| Date: | 04/06/2021 |
| Title: | Zone Change 990 - 304 Rhea Lane - CX to RMH |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
The Planning staff recommends denial based on the proposed findings of the 10 review criteria for Zone Change 990.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request for a 4.42-acre parcel of vacant land generally located at 304 Rhea Lane. The property is a triangular parcel located south of the current dead-ends of Rhea Lane, Florine Lane and Prickett Lane, and the railroad right of way that parallels Laurel Frontage Road. The current zoning of the parcel is Heavy Commercial (CX). The previous zoning of property was Controlled Industrial (CI) and the lot is legally described as Lot 19 and the south 1/2 of Lot 18 of Flanagan Subdivision. The surrounding zoning is Public 2 (P2) to the east (electrical substation), Mixed Residential 1 (NX1), CX and Residential Manufactured Home (RMH) to the north and Mixed Residential 2 (NX2) and CX to the west. The railroad right of way to the south is zoned Light Industrial (I1).
APPLICATION DATA
OWNER: Pierce Building, Ron Pierce
AGENT: WWC Engineering, Aaron Redland
LEGAL DESCRIPTION: Lot 19 and south 1/2 of Lot 18, Flanagan Subdivision
ADDRESS: 304 Rhea Lane
CURRENT ZONING: Heavy Commercial (CX)
EXISTING LAND USE: Vacant
PROPOSED USE: Manufactured Home Park
SIZE OF PARCEL: 4.42 acres
CONCURRENT APPLICATIONS - None
SURROUNDING LAND USE & ZONING
Development of the parcel will require some vehicle access connections between the current dead-end streets. Rhea Lane, Florine Lane and Prickett Lane are all deteriorated local streets without curb, gutters, sidewalks, minimum paved width (34 feet), storm water controls or street lighting. The only way to exit the neighborhood at a controlled intersection (traffic signal) is through 8th Street West at Central Avenue. The local street intersections at Central Avenue are stop sign controlled intersection. Left turn movements at these intersections can be hazardous or cause long wait times depending on the time of day and day of the week. There are no traffic counts for these local streets but Central Avenue at 8th St West averages about 13,000 vehicle trips per day.
A 4.42 acre manufactured home park could have up to 50 new dwelling units depending on how the site is laid out for the subdivision. Fifty new dwelling units would add at least 400 new vehicle trips per day to the local streets and to the intersections with Central Avenue. The number of existing residences in this area south of Central is about 142 with small businesses making up the remaining 25 parcels in the neighborhood. The added residential units would add about 30 to 35% more traffic to these local streets. Pedestrian traffic in the area may be relatively safe currently due to the current low volume of traffic on the local streets but there is no pedestrian infrastructure. All school students would have to cross Central Avenue to reach the assigned schools of Washington Elementary, Lewis and Clark Middle School and West High School. The elementary students would not have access to a school bus since the property is within a one-mile walking distance of the school at Cook Avenue and 11th Street West. This foot traffic may be an increased risk for the neighborhood along with the additional traffic volume on deficient streets. Any restoration of the local streets would require a Special Improvement District (SID) to assess the cost of the improvements to all the adjacent land owners. Due to the potential additional traffic, the city would likely require a traffic impact study to determine needed improvements due to the manufactured home park development. Only the proportionate share of these improvements would be paid for by the developer and the remaining improvements would have to be paid for by the other land owners, if an SID is proposed.
There are at least two other manufactured home parks in the neighborhood. Both parks are managed locally. The park at 139 Prickett Lane, adjacent to the north of the subject property, is mostly older manufactured homes and one site-built 2-unit apartment building. The newest unit in this park is 40 years old with many older than 50 years. Most of the manufactured homes are currently valued at less than $5,000 dollars each. The assessed value of the land for this park is about $112,000. The other manufactured home park in the area is located at 42 Florine. These manufactured homes are also in the same age range with the same general assessed value of about $5,000 per unit. Neighbors have expressed concerns to the Planning staff about the safety of these existing manufactured home parks and how these locations are effecting the neighborhood with higher than normal calls for public safety services. Newer manufactured home parks do not necessarily contribute to or effect public safety services in a neighborhood if the owner provides a strong local management presence. This is not always the case, but the zoning code does not regulate management of manufactured home parks.
The proximity of the proposed manufactured home park to an active railroad service line is concerning for two major reasons: 1) ambient noise and 2) safety of the residents from train accidents/incidents. In addition to these two major issues, there is the attractive nature of railroad activity for younger persons. Residents in the area have reported sections of the existing chain link fence have been cut to provide access from the vacant property to the railroad property. Railroad traffic does have a higher than average noise based on the type of cars, weight of the car loading and speed of the trains. This is a lower speed section of the rail line but cars can be either empty or loaded. The crossing at Moore Lane requires a train to signal (3+ horn blasts) before entering the crossing. This is a regular part of the safe operation of the rail line. Montana Rail link was notified of the proposed zone change, but Planning received no comment on the proposal. Noise from the railroad may be above comfortable levels for residential dwellings up to 75 feet beyond the tracks depending on the factors noted above. The current rail line is about 190 feet from the subject property line. According to the Federal Railroad Administration, most railroad incidents that result in injury or death occur at or near railroad grade crossings. The railroad grade crossing at Moore Lane is about 1/4-mile to the west from the subject property.
Planning staff reviewed the proposed zoning and the 10 review criteria for the zone change. Based on the above concerns with transportation safety for drivers and pedestrians, and the proximity to the active rail line, Planning staff is recommending denial. It is likely a more appropriate use of the property is available in the current zone district of Heavy Commercial (CX) including warehousing, personal storage warehousing or similar uses that are better suited at this location.
SUMMARY
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.
6. Will the new zoning effect motorized and non-motorized transportation?
Traffic generation from a potential 50 new dwelling units will be between 400 new vehicle trips per day. This trip counts includes trips to the new residences for services such as mail, deliveries, solid waste and similar as well as the trips by the occupants. This increase in vehicle traffic represent a minimum 33% increase over existing residential traffic in the neighborhood. The existing streets have not been maintained and in many places the pavement is mostly gone. The new development will have sidewalks but these will only be internal to the manufactured home park. There are no sidewalks on any of the adjacent streets including Rhea Lane, Florine Lane and Prickett Lane. Adding this level of new traffic to an under built and deteriorated street system would have a negative effect both on motorized and non-motorized transportation.
7. Will the new zoning promote compatible urban growth?
The new zoning does not promote compatibility with urban growth. The proposed zoning will allow this parcel to provide new housing that is not compatible with the adjacent active rail line or the existing neighborhood.
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 not consider the character of the district and the suitability of the property for the proposed use. The proposed zoning will allow a housing choice that already represents 24% of the housing units in the neighborhood. The property is not suitable for residential uses due to the proximity to the active rail line.
9. Will the new zoning conserve the value of buildings?
There are no existing structures on the property. New construction and development tends to raise property values on adjacent lots but it is not known how this development may effect those values.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning is not the most appropriate use of the land. The existing zoning and uses represents the most appropriate use of this property.
APPLICATION DATA
OWNER: Pierce Building, Ron Pierce
AGENT: WWC Engineering, Aaron Redland
LEGAL DESCRIPTION: Lot 19 and south 1/2 of Lot 18, Flanagan Subdivision
ADDRESS: 304 Rhea Lane
CURRENT ZONING: Heavy Commercial (CX)
EXISTING LAND USE: Vacant
PROPOSED USE: Manufactured Home Park
SIZE OF PARCEL: 4.42 acres
CONCURRENT APPLICATIONS - None
SURROUNDING LAND USE & ZONING
| North | Zoning: RMH, CX and Mixed Residential 1 (NX1) | Land Use: Manufactured Home Park, Contractor Services & Single Family Residences |
| South | Zoning: Light Industrial (I1) | Land Use: Active Rail Line |
| East | Zoning: Public 2 (P2) | Land Use: Electrical Substation |
| West | Zoning: CX & Mixed Residential 2 (NX2) | Land Use: Commercial Uses and Multifamily apartments |
Development of the parcel will require some vehicle access connections between the current dead-end streets. Rhea Lane, Florine Lane and Prickett Lane are all deteriorated local streets without curb, gutters, sidewalks, minimum paved width (34 feet), storm water controls or street lighting. The only way to exit the neighborhood at a controlled intersection (traffic signal) is through 8th Street West at Central Avenue. The local street intersections at Central Avenue are stop sign controlled intersection. Left turn movements at these intersections can be hazardous or cause long wait times depending on the time of day and day of the week. There are no traffic counts for these local streets but Central Avenue at 8th St West averages about 13,000 vehicle trips per day.
A 4.42 acre manufactured home park could have up to 50 new dwelling units depending on how the site is laid out for the subdivision. Fifty new dwelling units would add at least 400 new vehicle trips per day to the local streets and to the intersections with Central Avenue. The number of existing residences in this area south of Central is about 142 with small businesses making up the remaining 25 parcels in the neighborhood. The added residential units would add about 30 to 35% more traffic to these local streets. Pedestrian traffic in the area may be relatively safe currently due to the current low volume of traffic on the local streets but there is no pedestrian infrastructure. All school students would have to cross Central Avenue to reach the assigned schools of Washington Elementary, Lewis and Clark Middle School and West High School. The elementary students would not have access to a school bus since the property is within a one-mile walking distance of the school at Cook Avenue and 11th Street West. This foot traffic may be an increased risk for the neighborhood along with the additional traffic volume on deficient streets. Any restoration of the local streets would require a Special Improvement District (SID) to assess the cost of the improvements to all the adjacent land owners. Due to the potential additional traffic, the city would likely require a traffic impact study to determine needed improvements due to the manufactured home park development. Only the proportionate share of these improvements would be paid for by the developer and the remaining improvements would have to be paid for by the other land owners, if an SID is proposed.
There are at least two other manufactured home parks in the neighborhood. Both parks are managed locally. The park at 139 Prickett Lane, adjacent to the north of the subject property, is mostly older manufactured homes and one site-built 2-unit apartment building. The newest unit in this park is 40 years old with many older than 50 years. Most of the manufactured homes are currently valued at less than $5,000 dollars each. The assessed value of the land for this park is about $112,000. The other manufactured home park in the area is located at 42 Florine. These manufactured homes are also in the same age range with the same general assessed value of about $5,000 per unit. Neighbors have expressed concerns to the Planning staff about the safety of these existing manufactured home parks and how these locations are effecting the neighborhood with higher than normal calls for public safety services. Newer manufactured home parks do not necessarily contribute to or effect public safety services in a neighborhood if the owner provides a strong local management presence. This is not always the case, but the zoning code does not regulate management of manufactured home parks.
The proximity of the proposed manufactured home park to an active railroad service line is concerning for two major reasons: 1) ambient noise and 2) safety of the residents from train accidents/incidents. In addition to these two major issues, there is the attractive nature of railroad activity for younger persons. Residents in the area have reported sections of the existing chain link fence have been cut to provide access from the vacant property to the railroad property. Railroad traffic does have a higher than average noise based on the type of cars, weight of the car loading and speed of the trains. This is a lower speed section of the rail line but cars can be either empty or loaded. The crossing at Moore Lane requires a train to signal (3+ horn blasts) before entering the crossing. This is a regular part of the safe operation of the rail line. Montana Rail link was notified of the proposed zone change, but Planning received no comment on the proposal. Noise from the railroad may be above comfortable levels for residential dwellings up to 75 feet beyond the tracks depending on the factors noted above. The current rail line is about 190 feet from the subject property line. According to the Federal Railroad Administration, most railroad incidents that result in injury or death occur at or near railroad grade crossings. The railroad grade crossing at Moore Lane is about 1/4-mile to the west from the subject property.
Planning staff reviewed the proposed zoning and the 10 review criteria for the zone change. Based on the above concerns with transportation safety for drivers and pedestrians, and the proximity to the active rail line, Planning staff is recommending denial. It is likely a more appropriate use of the property is available in the current zone district of Heavy Commercial (CX) including warehousing, personal storage warehousing or similar uses that are better suited at this location.
SUMMARY
Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:
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:
· Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
· Neighborhoods that are safe and attractive and provide essential services are much desired
Home Base:
· A mix of housing types that meet the needs of a diverse population is important
· The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development
· Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
The proposed zone change is not consistent with the following goals of the 1999 Central Terry Neighborhood Plan:
· Discourage random zone changes within the neighborhood that would conflict with the character of the neighborhood. Encourage all new development to recognize and be sensitive to the existing character of the neighborhood.
The proposed zoning will allow a significant expansion of residential use on a system of dead-end streets adjacent to an active rail line. The Growth Policy and Neighborhood Plan both encourage the development of a variety of housing choices especially choices for low to moderate income families. This location is not appropriate for residential uses on the entire parcel due to the existing deteriorated streets, and proximity to the active rail line. There are many housing choices already existing in this neighborhood including single family, two family, multi-family apartments and manufactured homes.
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. This location however cannot be secure from fire or other dangers posed by the active rail line and the grade crossing on Moore Lane. According to federal rail agencies, most railroad accidents and incidents occur at or near grade crossings on local streets, highways or other road crossings. A derailment in this area could cause the release of hazardous materials into the neighborhood. Placing more residences closer to this rail line is not designed to secure this neighborhood 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 not be promoted by the proposed zoning. The additional dwelling units would impose an extra burden on the existing public safety systems for this area south of Central Avenue, would not promote the public health or general welfare by increasing the daily vehicle traffic on deteriorated streets with no sidewalks, storm water control or street lighting. The developer would only be responsible for improving the subject property access but not the adjacent streets or street intersections except to contribute to a future improvement program.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will significantly increase post-development traffic volume on all the local neighborhood streets. These streets have experienced significant deterioration. A traffic impact study (TIS) will be necessary at the time of development. The TIS may require some contribution to future improvements, but could not require the developer to pay for any significant portion of the existing street restoration.
Water and Sewer: The City can provide water and sewer to the property.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. School population may increase depending on the demographic of the manufactured home residents. For any RMH zoned area greater than 3 acres, the developer would be required to provide a developed open space area for the residents.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments did not provide any comment on the proposed zoning. 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:
· Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
· Neighborhoods that are safe and attractive and provide essential services are much desired
Home Base:
· A mix of housing types that meet the needs of a diverse population is important
· The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development
· Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
The proposed zone change is not consistent with the following goals of the 1999 Central Terry Neighborhood Plan:
· Discourage random zone changes within the neighborhood that would conflict with the character of the neighborhood. Encourage all new development to recognize and be sensitive to the existing character of the neighborhood.
The proposed zoning will allow a significant expansion of residential use on a system of dead-end streets adjacent to an active rail line. The Growth Policy and Neighborhood Plan both encourage the development of a variety of housing choices especially choices for low to moderate income families. This location is not appropriate for residential uses on the entire parcel due to the existing deteriorated streets, and proximity to the active rail line. There are many housing choices already existing in this neighborhood including single family, two family, multi-family apartments and manufactured homes.
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. This location however cannot be secure from fire or other dangers posed by the active rail line and the grade crossing on Moore Lane. According to federal rail agencies, most railroad accidents and incidents occur at or near grade crossings on local streets, highways or other road crossings. A derailment in this area could cause the release of hazardous materials into the neighborhood. Placing more residences closer to this rail line is not designed to secure this neighborhood 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 not be promoted by the proposed zoning. The additional dwelling units would impose an extra burden on the existing public safety systems for this area south of Central Avenue, would not promote the public health or general welfare by increasing the daily vehicle traffic on deteriorated streets with no sidewalks, storm water control or street lighting. The developer would only be responsible for improving the subject property access but not the adjacent streets or street intersections except to contribute to a future improvement program.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will significantly increase post-development traffic volume on all the local neighborhood streets. These streets have experienced significant deterioration. A traffic impact study (TIS) will be necessary at the time of development. The TIS may require some contribution to future improvements, but could not require the developer to pay for any significant portion of the existing street restoration.
Water and Sewer: The City can provide water and sewer to the property.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. School population may increase depending on the demographic of the manufactured home residents. For any RMH zoned area greater than 3 acres, the developer would be required to provide a developed open space area for the residents.
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.
6. Will the new zoning effect motorized and non-motorized transportation?
Traffic generation from a potential 50 new dwelling units will be between 400 new vehicle trips per day. This trip counts includes trips to the new residences for services such as mail, deliveries, solid waste and similar as well as the trips by the occupants. This increase in vehicle traffic represent a minimum 33% increase over existing residential traffic in the neighborhood. The existing streets have not been maintained and in many places the pavement is mostly gone. The new development will have sidewalks but these will only be internal to the manufactured home park. There are no sidewalks on any of the adjacent streets including Rhea Lane, Florine Lane and Prickett Lane. Adding this level of new traffic to an under built and deteriorated street system would have a negative effect both on motorized and non-motorized transportation.
7. Will the new zoning promote compatible urban growth?
The new zoning does not promote compatibility with urban growth. The proposed zoning will allow this parcel to provide new housing that is not compatible with the adjacent active rail line or the existing neighborhood.
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 not consider the character of the district and the suitability of the property for the proposed use. The proposed zoning will allow a housing choice that already represents 24% of the housing units in the neighborhood. The property is not suitable for residential uses due to the proximity to the active rail line.
9. Will the new zoning conserve the value of buildings?
There are no existing structures on the property. New construction and development tends to raise property values on adjacent lots but it is not known how this development may effect those values.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning is not the most appropriate use of the land. The existing zoning and uses represents the most appropriate use of this property.
ALTERNATIVES
The Zoning Commission may:
- Recommend Denial of the Zone Change and adopt the findings of the 10 review criteria as recommended by Planning Staff; or,
- Recommend Approval of the Zone Change and adopt different findings of the 10 review criteria; or,
- Allow the Applicant to Withdraw the application.
FISCAL EFFECTS
Approval or disapproval of the zone change will have no impact on the Planning Division budget.