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| Zoning Commission | |
| Date: | 03/01/2022 |
| Title: | City Zone Change 1010 - 2204 Bench Blvd - Neighborhood Office to CMU1 |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending approval based on the findings of the 10 criteria for Zone Change 1010.
REQUEST
City Zone Change 1010 – 2204 Bench Blvd- NO to CMU1 - A zone change request from Neighborhood Office (NO) to Corridor Mixed Use 1 (CMU1) on Lot 8, Holling Ranch Subdivision, a 1.808 acre parcel of land. A pre-application neighborhood meeting was held on January 23, 2022 at 6:00 p.m., at 2204 Bench Blvd. The purpose of the request is to allow an existing pet center, formerly a veterinary clinic, to be used as a dog grooming and pet sitting location.
APPLICATION DATA
OWNER: Michael Haaland
AGENT: Lucas Haaland
LEGAL DESCRIPTION: Lot 8, Holling Ranch Subdivision
ADDRESS: 2204 Bench Blvd
CURRENT ZONING: NO
EXISTING LAND USE: Dog Grooming and Dog Daycare
PROPOSED USE: Dog Grooming and Dog Daycare
SIZE OF PARCEL: 1.808 acres
CONCURRENT APPLICATIONS
None
SURROUNDING LAND USE & ZONING
NORTH: Zoning: CX
Land Use: Mini Storage
SOUTH: Zoning: NX1
Land Use: Residential
EAST: Zoning: N2
Land Use: Residential
WEST: Zoning: CX
Land Use: Mini storage
REQUEST
City Zone Change 1010 – 2204 Bench Blvd- NO to CMU1 - A zone change request from Neighborhood Office (NO) to Corridor Mixed Use 1 (CMU1) on Lot 8, Holling Ranch Subdivision, a 1.808 acre parcel of land. A pre-application neighborhood meeting was held on January 23, 2022 at 6:00 p.m., at 2204 Bench Blvd. The purpose of the request is to allow an existing pet center, formerly a veterinary clinic, to be used as a dog grooming and pet sitting location.
APPLICATION DATA
OWNER: Michael Haaland
AGENT: Lucas Haaland
LEGAL DESCRIPTION: Lot 8, Holling Ranch Subdivision
ADDRESS: 2204 Bench Blvd
CURRENT ZONING: NO
EXISTING LAND USE: Dog Grooming and Dog Daycare
PROPOSED USE: Dog Grooming and Dog Daycare
SIZE OF PARCEL: 1.808 acres
CONCURRENT APPLICATIONS
None
SURROUNDING LAND USE & ZONING
NORTH: Zoning: CX
Land Use: Mini Storage
SOUTH: Zoning: NX1
Land Use: Residential
EAST: Zoning: N2
Land Use: Residential
WEST: Zoning: CX
Land Use: Mini storage
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request from Neighborhood Office (NO) to Corridor Mixed Use 1 (CMU1) to allow an existing dog grooming and pet sitting business to continue on this parcel. The property had previously been a veterinary clinic and is allowed under the current zoning of NO, however the current use of dog grooming and pet sitting is not allowed in the NO district. The proposed zoning would allow an existing business to continue using the location for the dog daycare and grooming. The zone change request is a result of the applicant applying for a business license for the location. During staff review of the license, it was determined that a zone change would be required in order to obtain a business license. The business had already been operating prior to discovery of the zoning conflict. They have temporarily closed the business until the zone change is approved. The proposed zoning and use is compatible with the adjacent zoning and existing surrounding development.
STAKEHOLDERS
The applicant conducted a pre-application meeting at the subject property on January 23, 2022, there were three members of the public in attendance. The synopsis of the meeting and the attendance list are attached to this report. Also attached is a letter in support of the zone change from the Billings Heights Task Force.
ALTERNATIVES
The Zoning Commission may:
- Recommend Approval of the Zone Change and adopt the findings of the 10 review criteria; or,
- Recommend Denial of the Zone Change and adopt different findings of the 10 review criteria; or,
- Delay action on the zone change request for up to 30 days; or,
- Allow the applicant to withdraw the application.
FISCAL EFFECTS
Approval or denial of the proposed zone change should not have an effect on the Planning Division budget.
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 consistent with the following guidelines of the 2016 Growth Policy:
Prosperity (promoting equal opportunity and economic advancement)
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:
Prosperity (promoting equal opportunity and economic advancement)
- Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers
- A diversity of available jobs can ensure a strong Billings’ economy
- Successful businesses that provide local jobs benefit the community
- Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
- Retaining and supporting existing businesses helps sustain a healthy economy
The proposed zoning would allow an existing veterinary clinic location to be used for dog grooming and pet sitting. The previous use as a veterinary clinic would have had the same type of minimal impact on neighboring properties. A diversity of available jobs will help Billings economy and small, locally owned businesses support Billings residents.
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 is an already constructed and established business location and it appears to meet the separation requirements for the district.
3. Whether the new zoning will promote public health, public safety and general welfare?
The proposed zoning (CMU1) would allow the owner to ensure the existing business operation at this location and should not have negative affects on the public health, safety and welfare. The building has been periodically checked by the Fire Marshall and is up-to-date with fire code.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning itself will not increase the traffic at this location. It is a comparable use as the previous use of Veterinary clinic and would have similar vehicle trips.
Water and Sewer: Water is provided by the Heights Water District and sewer is provided by the City of Billings.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed use does not include residential uses.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments had no concerns with the zone change.
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 existing building is sited in a way which also provides adequate light and air.
6. Will the new zoning effect motorized and non-motorized transportation?
Traffic generation for an animal care facility such as pet sitting and grooming would not affect the vehicle or pedestrian traffic. The previous veterinary clinic use would have had similar traffic generation patterns. Bench Blvd was reconstructed a few years ago with a turning lane to ensure there is no traffic backup entering or exiting the property.
7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. Heavy commercial businesses border three sides of the property, making it suitable for dog grooming and dog daycare.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
This is a suitable use for this parcel of land and the zoning is appropriate in this situation. The Heights Vet Clinic was established in 1976. Dr. Haaland practiced for 43 years until October 1, 2019. During that time the property was zoned HC. If the property goes back to the closest compatible district to the surrounding neighborhood, CMU1, there would be more options to allow the pet business.
9. Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. It is not known if its proximity to residential property in the area will affect the value of residential buildings. Due to the previous type of business at this location the similarity in use should not affect value of adjacent or neighboring properties.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the property a use that is very similar to the previous use and is suitable for the location.
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 is an already constructed and established business location and it appears to meet the separation requirements for the district.
3. Whether the new zoning will promote public health, public safety and general welfare?
The proposed zoning (CMU1) would allow the owner to ensure the existing business operation at this location and should not have negative affects on the public health, safety and welfare. The building has been periodically checked by the Fire Marshall and is up-to-date with fire code.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning itself will not increase the traffic at this location. It is a comparable use as the previous use of Veterinary clinic and would have similar vehicle trips.
Water and Sewer: Water is provided by the Heights Water District and sewer is provided by the City of Billings.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed use does not include residential uses.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments had no concerns with the zone change.
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 existing building is sited in a way which also provides adequate light and air.
6. Will the new zoning effect motorized and non-motorized transportation?
Traffic generation for an animal care facility such as pet sitting and grooming would not affect the vehicle or pedestrian traffic. The previous veterinary clinic use would have had similar traffic generation patterns. Bench Blvd was reconstructed a few years ago with a turning lane to ensure there is no traffic backup entering or exiting the property.
7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. Heavy commercial businesses border three sides of the property, making it suitable for dog grooming and dog daycare.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
This is a suitable use for this parcel of land and the zoning is appropriate in this situation. The Heights Vet Clinic was established in 1976. Dr. Haaland practiced for 43 years until October 1, 2019. During that time the property was zoned HC. If the property goes back to the closest compatible district to the surrounding neighborhood, CMU1, there would be more options to allow the pet business.
9. Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. It is not known if its proximity to residential property in the area will affect the value of residential buildings. Due to the previous type of business at this location the similarity in use should not affect value of adjacent or neighboring properties.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the property a use that is very similar to the previous use and is suitable for the location.