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| Zoning Commission | |
| Date: | 08/02/2022 |
| Title: | Zone Change 1016 - 1400 S 24th St West - I1 to CX |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends approval and adoption of the proposed findings of the 10 review criteria for Zone Change 1016.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request from Light Industrial (I1) to Heavy Commercial (CX) on four parcels of land located generally at 1400 S 24th St West. The location was formerly the Sutton's Clothing manufacturing facility and has now been converted to several new uses and new structures for retail and personal services including an indoor trampoline park, a wellness clinic, restaurants and a bar. Some of these current uses are no longer allowed uses within the industrial zoning district.
The previous zoning of the property was Controlled Industrial (CI). The map update converted many existing CI zone districts to the new Light Industrial (I1) zone district. The zoning code update in 2021 included major revisions to each zoning district type to better define what uses are allowed or prohibited in those districts. The previous zoning of CI allowed a wide array of uses making the district somewhat unpredictable. For example, hotels, restaurants, all types of healthcare facilities as well as heavy contractor yards, distribution warehouses, manufacturing and truck stops were all allowed uses in the CI zone district. For the 2021 code update, the use table was revised to eliminate uses from the new Light Industrial district that were incompatible. Some uses such as bars, casinos, restaurants and indoor recreational facilities continue to be allowed in the I1 zone district. Hotels, healthcare and personal services are no longer allowed in the I1 zone district.
Staff did review the zoning map update carefully to ensure existing uses and the new zone districts matched as much as possible. For example, most of the property north of Overland Avenue west of 24th St West was updated to Heavy Commercial (CX) to match existing uses. Similarly, the lots with frontage on King Ave West were originally zoned either CI or Highway Commercial and many of these parcels were updated to Corridor Mixed Use. The properties west of 24th St W and south of King Avenue West were previously zoned CI and now these parcels are a mixture of three zone districts - CMU2, CX and I1. This added more predictability to the current owners and any future owners of the property.
Commercial and industrial centers like this area are unique because more than one zone district may be both appropriate and compatible. In this case, both the I1 and CX zones are compatible for the existing built environment, existing uses and proposed uses. Staff is recommending approval of this zone change request based on the findings provided in this staff report.
The previous zoning of the property was Controlled Industrial (CI). The map update converted many existing CI zone districts to the new Light Industrial (I1) zone district. The zoning code update in 2021 included major revisions to each zoning district type to better define what uses are allowed or prohibited in those districts. The previous zoning of CI allowed a wide array of uses making the district somewhat unpredictable. For example, hotels, restaurants, all types of healthcare facilities as well as heavy contractor yards, distribution warehouses, manufacturing and truck stops were all allowed uses in the CI zone district. For the 2021 code update, the use table was revised to eliminate uses from the new Light Industrial district that were incompatible. Some uses such as bars, casinos, restaurants and indoor recreational facilities continue to be allowed in the I1 zone district. Hotels, healthcare and personal services are no longer allowed in the I1 zone district.
Staff did review the zoning map update carefully to ensure existing uses and the new zone districts matched as much as possible. For example, most of the property north of Overland Avenue west of 24th St West was updated to Heavy Commercial (CX) to match existing uses. Similarly, the lots with frontage on King Ave West were originally zoned either CI or Highway Commercial and many of these parcels were updated to Corridor Mixed Use. The properties west of 24th St W and south of King Avenue West were previously zoned CI and now these parcels are a mixture of three zone districts - CMU2, CX and I1. This added more predictability to the current owners and any future owners of the property.
Commercial and industrial centers like this area are unique because more than one zone district may be both appropriate and compatible. In this case, both the I1 and CX zones are compatible for the existing built environment, existing uses and proposed uses. Staff is recommending approval of this zone change request based on the findings provided in this staff report.
STAKEHOLDERS
The applicant conducted a pre-application neighborhood meeting on June 27, 2022 at the By All Mean Brewing company located on the subject property. No other property owners attended the meeting. Planning staff has not received any public comment either by phone, or in writing.
ALTERNATIVES
The City Zoning Commission may:
- Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1016; or,
- Recommend denial and adopt different findings of the ten review criteria for Zone Change 1016; 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 recommendation to the City Council, the Zoning Commission shall consider the following:
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)
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 CX zoning would allow the owner to ensure future development is conforming and compatible with adjacent uses. Further, the CX district, like all zone districts, has site and structure standards to ensure public healthy and safety. The proposed district will promote the public health and general welfare.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will not have a direct impact on the transportation system. The parcels all have direct access to S 24th St West or Gabel Road. Both of these streets are considered arterial streets and are designed and built to accommodate truck traffic as well as high volumes of daily traffic.
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. Both Police and Fire will continue to serve the property regardless of the zone district.
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 S 24th St West and Gabel Road and appears to be in good condition. Traffic volume near this property is approximately 7,620 to 8,000 vehicle trips per day. The existing street is designed to handle any increase in traffic volume that may come as a result of new uses constructed on the property because of the zone change. 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.The area has some vacant properties but the general vicinity is developed with a wide variety of uses that are compatible with multiple districts including CX and I1. The Property east and north of the subject parcel is zoned CMU2 (east) and CX (north). Zoning to the west and northwest is I1. There are no residential uses within these districts or in the area. 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 commercial activity to include retail, business and personal services in an area of existing heavy commercial uses.
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. The proposed zoning will sustain the existing value of buildings by ensuring the uses are conforming to the zoning district. Any development of the property will need to meet the site development requirements, 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 heavy commercial 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.
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
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 CX zoning would allow the owner to ensure future development is conforming and compatible with adjacent uses. Further, the CX district, like all zone districts, has site and structure standards to ensure public healthy and safety. The proposed district will promote the public health and general welfare.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will not have a direct impact on the transportation system. The parcels all have direct access to S 24th St West or Gabel Road. Both of these streets are considered arterial streets and are designed and built to accommodate truck traffic as well as high volumes of daily traffic.
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. Both Police and Fire will continue to serve the property regardless of the zone district.
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 S 24th St West and Gabel Road and appears to be in good condition. Traffic volume near this property is approximately 7,620 to 8,000 vehicle trips per day. The existing street is designed to handle any increase in traffic volume that may come as a result of new uses constructed on the property because of the zone change. 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.The area has some vacant properties but the general vicinity is developed with a wide variety of uses that are compatible with multiple districts including CX and I1. The Property east and north of the subject parcel is zoned CMU2 (east) and CX (north). Zoning to the west and northwest is I1. There are no residential uses within these districts or in the area. 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 commercial activity to include retail, business and personal services in an area of existing heavy commercial uses.
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. The proposed zoning will sustain the existing value of buildings by ensuring the uses are conforming to the zoning district. Any development of the property will need to meet the site development requirements, 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 heavy commercial 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.