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Item 8.
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| City Council Regular | |
| Date: | 06/13/2022 |
| Title: | Zone Change 1013 - 527 Lake Elmo Drive - Public Hearing and Second Reading |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
| Legal Review | Not Applicable |
RECOMMENDATION
The Zoning Commission recommended approval and adoption of the findings of the 10 review criteria for Zone Change 1013 to the City Council for its first reading on May 23, 2022. The City Council adopted the zone change on first reading. A second reading is required to finalize the zone change.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request for a parcel generally located at 527 Lake Elmo Drive and legally described as Parcel 2A of C/S 2637. The current zoning is Mid-Century Neighborhood Residential (N2) and the proposed zoning is Neighborhood Mixed Use (NMU). The intent of the zone change is to allow for therapists' office space within the existing dwelling. A remodel permit will be required to update the building interior, and additional parking will be added to the east of the building (rear yard). The lot is 25,918 square feet in area.
The proposed zone change will allow one of the remaining residential parcels on the east side of Lake Elmo Drive to convert to sightly more intense use for medical professional office space. The NMU zone allows professional offices, personal and business services, some small retail business. The NMU district is intended to fit within a neighborhood as well as on the edge of neighborhoods. The 2006 Billings Heights Neighborhood Plan envisioned the property east and west of Main Street to become an area of mixed use commercial and higher density multi-family dwellings. Some of these properties are already zoned and developed for these uses, but many are still zoned for lower intensity uses such as single or two-family dwellings. Over time, additional owners will seek to incrementally re-develop these properties. There are several parcels that re-developed in the last 10 years including a new Starbucks on the intersection of Lake Elmo Dr and Main Street, a new Town Pump just to the north and the Trilogy Townhomes to the north of the subject property.
In 2010, the city re-constructed most of Lake Elmo Drive to better function as a collector street from its intersection with Main Street north to the intersection with Wicks Lane. Collector roads are intended to handle moderate volumes of traffic and to gather traffic from local streets and neighborhoods and convey that traffic to arterial streets. Lake Elmo Drive intersects with several arterial streets including Main Street, Hilltop Rd and Wicks Lane. At the north end of Lake Elmo Drive is Lake Elmo State Park and a connection to the east on Pemberton Lane. Pemberton Lane connects with Main Street to the east. Lake Elmo Drive currently handles between 9,500 and 10,500 vehicle trips per day. This is an expected volume of traffic for a collector street. Main Street in contrast, handles more than 42,000 vehicle trips per day near the intersection with Lake Elmo Drive.
Directly to the east and north of the subject property is the Builders First Choice lumberyard and warehouse in a Heavy Commercial (CX) zone and to the south is another single family dwelling in an N2 zone district. This property shares a common driveway with the home at 523 Lake Elmo Drive. There is a 17-foot wide access easement on 527 Lake Elmo Drive for this shared driveway. There will be a slight increase in daytime traffic using this driveway, but it should not be a detriment to the owners at 523 Lake Elmo Drive.
Prior to the zoning code update in 2021, these two residential parcels along with the property to the north, east and south, were all zoned Highway Commercial (HC). This zoning was adopted by the County in 1978 through a zone change request from Residential 6,000 to Highway Commercial. During the zoning update, when updating the map and zoning, a concerted effort was made to not create non-conforming land use situations. The CX zoning for the lumberyard and warehouse as well as the Tractor Supply store was a replacement for the previous Highway Commercial zone and kept these businesses in conformity with the new code. Applying the CX zone to two single family dwellings would have made these two properties non-conforming to the new code. Instead of applying the CX zone, these parcels were updated to Mid-Century Neighborhood Residential (N2), which preserved the residential uses.
The proposed zone change will allow one of the remaining residential parcels on the east side of Lake Elmo Drive to convert to sightly more intense use for medical professional office space. The NMU zone allows professional offices, personal and business services, some small retail business. The NMU district is intended to fit within a neighborhood as well as on the edge of neighborhoods. The 2006 Billings Heights Neighborhood Plan envisioned the property east and west of Main Street to become an area of mixed use commercial and higher density multi-family dwellings. Some of these properties are already zoned and developed for these uses, but many are still zoned for lower intensity uses such as single or two-family dwellings. Over time, additional owners will seek to incrementally re-develop these properties. There are several parcels that re-developed in the last 10 years including a new Starbucks on the intersection of Lake Elmo Dr and Main Street, a new Town Pump just to the north and the Trilogy Townhomes to the north of the subject property.
In 2010, the city re-constructed most of Lake Elmo Drive to better function as a collector street from its intersection with Main Street north to the intersection with Wicks Lane. Collector roads are intended to handle moderate volumes of traffic and to gather traffic from local streets and neighborhoods and convey that traffic to arterial streets. Lake Elmo Drive intersects with several arterial streets including Main Street, Hilltop Rd and Wicks Lane. At the north end of Lake Elmo Drive is Lake Elmo State Park and a connection to the east on Pemberton Lane. Pemberton Lane connects with Main Street to the east. Lake Elmo Drive currently handles between 9,500 and 10,500 vehicle trips per day. This is an expected volume of traffic for a collector street. Main Street in contrast, handles more than 42,000 vehicle trips per day near the intersection with Lake Elmo Drive.
Directly to the east and north of the subject property is the Builders First Choice lumberyard and warehouse in a Heavy Commercial (CX) zone and to the south is another single family dwelling in an N2 zone district. This property shares a common driveway with the home at 523 Lake Elmo Drive. There is a 17-foot wide access easement on 527 Lake Elmo Drive for this shared driveway. There will be a slight increase in daytime traffic using this driveway, but it should not be a detriment to the owners at 523 Lake Elmo Drive.
Prior to the zoning code update in 2021, these two residential parcels along with the property to the north, east and south, were all zoned Highway Commercial (HC). This zoning was adopted by the County in 1978 through a zone change request from Residential 6,000 to Highway Commercial. During the zoning update, when updating the map and zoning, a concerted effort was made to not create non-conforming land use situations. The CX zoning for the lumberyard and warehouse as well as the Tractor Supply store was a replacement for the previous Highway Commercial zone and kept these businesses in conformity with the new code. Applying the CX zone to two single family dwellings would have made these two properties non-conforming to the new code. Instead of applying the CX zone, these parcels were updated to Mid-Century Neighborhood Residential (N2), which preserved the residential uses.
STAKEHOLDERS
The applicant held a pre-application neighborhood meeting on March 1, 2022, via virtual meeting. No one from the public attended the virtual meeting. Planning staff sent the required mailed notices, posted the property and published the legal for the Zoning Commission hearing. No public comments were received by the Planning staff prior to this report.
Planning staff recommended approval based on the compatibility with the adjacent residential home to the south, the conformance with the 2016 Growth Policy guidelines, and the Billings Heights Neighborhood Plan. The Zoning Commission concurred with this recommendation. The proposed use and zoning will benefit the orderly transition of this property to the next increment of development intensity on Lake Elmo Drive.
The Zoning Commission conducted a public hearing on May 3, 2022, and received the Planning staff report and testimony from the applicant. No other testimony was received. The Zoning Commission asked questions of the applicant about the proposed use. Commission member Greg McCall made a motion to recommend approval and adoption of the findings of the 10 review criteria for this zone change. The motion was seconded by Dan Brooks and the Commission voted 4-0 to approve the motion.
The City Council conducted a public hearing on first reading on May 23, 2022 and received the Zoning Commission recommendation and a presentation from staff. No other public testimony was received. The City Council approved the zone change on first reading.
Planning staff recommended approval based on the compatibility with the adjacent residential home to the south, the conformance with the 2016 Growth Policy guidelines, and the Billings Heights Neighborhood Plan. The Zoning Commission concurred with this recommendation. The proposed use and zoning will benefit the orderly transition of this property to the next increment of development intensity on Lake Elmo Drive.
The Zoning Commission conducted a public hearing on May 3, 2022, and received the Planning staff report and testimony from the applicant. No other testimony was received. The Zoning Commission asked questions of the applicant about the proposed use. Commission member Greg McCall made a motion to recommend approval and adoption of the findings of the 10 review criteria for this zone change. The motion was seconded by Dan Brooks and the Commission voted 4-0 to approve the motion.
The City Council conducted a public hearing on first reading on May 23, 2022 and received the Zoning Commission recommendation and a presentation from staff. No other public testimony was received. The City Council approved the zone change on first reading.
ALTERNATIVES
The City Council may:
- Approve the second reading of the zone change ordinance and adopt the findings of the ten review criteria for Zone Change 1013; or,
- Deny the request and adopt different findings of the ten review criteria for Zone Change 1013; or,
- Delay action on the zone change request for up to 30 days; or,
- Allow the applicant to withdraw the zone change request.
FISCAL EFFECTS
Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.
SUMMARY
Prior to any decision by the City Council, the following recommended findings from the Zoning Commission shall be considered. The City Council adopted the following findings at the first reading of the zone change ordinance on May 23, 2022. A second reading is required to adopt the zone change.
1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
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
- Retaining and supporting existing businesses helps sustain a healthy economy
The proposed zoning would allow an existing residential home to be converted to a medical office space to allow the owners to establish a professional office for their therapy practice. The proposed zone aligns with allowed continued light commercial development along Lake Elmo Drive, a busy collector street. The NMU district allows neighborhood services and the proposed project will bring new construction improving the aesthetic of the property and the east side Lake Elmo Drive.
The proposed zoning is also supported by the Billings Heights Neighborhood Plan that indicated the area between the parallel streets of Lake Elmo Drive, Main Street and Bench Boulevard would be areas where mixed uses and higher density housing might develop. A gradual and incremental change from residential uses to mixed uses is desirable.
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. The proposed NMU zoning would allow the owner to ensure future development is not intrusive to neighboring property, and still allow compatible uses with the adjacent zoning. Upgrading an older residential structure (1972) for a modern professional office will be beneficial for general health and welfare of the district.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will decrease residential traffic, but may cause a slight increase to overall traffic volume during business hours. Lake Elmo Drive has the capacity for any minor increase in traffic volume.
Water and Sewer: The City provides water and sewer to the property. City Utilities Department voiced no concerns.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed development 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.
6. Will the new zoning effect motorized and non-motorized transportation?
The existing property has a fully developed sidewalk on Lake Elmo Drive and appears to be in good condition. Traffic volume on Lake Elmo Drive is approximately 9,500 to 10,000 vehicle trips per day. The existing street can handle any small increase in traffic volume. The new zoning designation itself should not have any measurable effect on the transportation system.
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. Property east and north of the subject parcel is zoned CX - Heavy Commercial. The remaining residential home south of the subject property shares a driveway by a legal easement. This property will remain zoned N2 for the foreseeable future. West across Lake Elmo Drive is NX2 - Mixed Residential 2 and NMU. The zoning does promote compatible urban growth.
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. The proposed zoning will allow professional offices and neighborhood services on a collector street in a busy neighborhood.
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. Any development of the property will need to meet the site development requirements for proportionate compliance with zoning standards, including landscaping, screening, building heights and setbacks.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the development of the property in a mixed use area and will encourage the most appropriate use of land in the district. Supporting local business expansion is beneficial to the economic growth for the City of Billings.