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Regular
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| Board of Adjustment | |
| Date: | 02/01/2023 |
| Title: | Variance 1359 - 3160 S Frontage Rd - Allow Surface Parking in Front Yard |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval and adoption of the recommended findings of the review criteria for Variance 1359.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
City Variance 1359 - The applicant is requesting a variance from the siting and building standards for the Heavy Commerical (CX) zone district that requires surface parking to be in a side or rear yard (Section 27-409- Table 27-400.6 (B.6). The property is on South Frontage Road near where the road changes speed and direction and becomes Riverside Drive and then Garden Avenue, local streets that continue north and east to the S 27th St interchange with Interstate 90. The subject property is legally described as C/S 1591, Tract 1 and is approximately 10.19 acres in area. The proposed use is for a new two-tenant building with a large enclosed storage yard and customer and employee parking on the side and in front of the building. Mobile-Stor will be the anchor tenant. Mobile-Stor provides mobile storage units and temporary office structures.
Mobile-Stor has used the vacant land at this location for unsecured storage of the containers and temporary office structures for several years. The city recently extended water and sewer service to the location to support the development of two large distribution warehouses to the west at 3218 and 3226 South Frontage Road. Those warehouses are under construction. The proposed two-tenant warehouse and secure storage yard on this parcel to the east of those warehouses has a pending building permit (BP-22-04743) waiting for the conclusion of this hearing.
The warehouses to the west are situated on larger parcels and could meet the zoning code requirement for location of surface parking. The need for a "through train" for the uses in these larger warehouses does not exist, so the surface parking is located along the sides of the buildings (see attached Master Site Plan exhibit). The subject property and intended use needs a large turn around area in front of the building as well as access from the front to the back of the building and adjacent storage yard. The site has physical constraints as well - two petroleum pipelines cross the front of the property and one pipeline parallels the east property line. There is also a small portion of the southeast corner of the property that is effected by the Yellowstone River floodplain. A side channel of the river comes close to the southern boundary.
Eight of the proposed 14 parking stalls are located along the front of the building. The front of the building is over 130 feet from the front property line to allow for truck and trailer movements, accommodate stormwater management and avoid proximity to the petroleum pipelines across the frontage. The accessible parking space required by ADA is one of the spots in the front parking area. This parking spot needs to be located as close as possible to the entry doors (one for each tenant). Two 14-foot overhead doors will be on the front facade with one 14-foot overhead door out to the rear secure storage area. Three 16-foot overhead doors are planned for the east building facade that will only be accessible from within the secured storage area planned for this side of the building. The reason for this separation is the truck, forklifts and tractors needed to move the storage units and mobile offices should be separate from normal vehicle traffic for safety reasons. This is a similar safety feature for other businesses that use outdoor storage such as lumber and building material yards, RV and car dealership receiving lots, and wholesale lots of all types.
The applicant could place all the parking stalls on the east side of the building, however this would deprive the second tenant (west half of the proposed building) of any nearby parking spaces. In addition, the location of the accessible parking stall along the east side of the building may not meet the requirement for proximity to the building entry doors for each tenant. Placement of 8 of the 14 parking spaces on the front of building in a single row, against the front of the building, will not have a negative effect on this location or the intent of the code requirement to eliminate the development style of buildings at the back of a sea of parking stalls.
The Board of Adjustment previously granted a variance to this code requirement for the new Costco Warehouse at 3840 Zoo Drive. These are similar requests although separated by degrees of intensity and use. The Costco parcel also had physical constraints (an irrigation ditch) and building functional needs for access. The Costco business model is oriented around daily customer transactions and so parking and building siting is critical feature of the location. The Board conditionally approved the Costco variance request in May 2022.
Mobile-Stor has used the vacant land at this location for unsecured storage of the containers and temporary office structures for several years. The city recently extended water and sewer service to the location to support the development of two large distribution warehouses to the west at 3218 and 3226 South Frontage Road. Those warehouses are under construction. The proposed two-tenant warehouse and secure storage yard on this parcel to the east of those warehouses has a pending building permit (BP-22-04743) waiting for the conclusion of this hearing.
The warehouses to the west are situated on larger parcels and could meet the zoning code requirement for location of surface parking. The need for a "through train" for the uses in these larger warehouses does not exist, so the surface parking is located along the sides of the buildings (see attached Master Site Plan exhibit). The subject property and intended use needs a large turn around area in front of the building as well as access from the front to the back of the building and adjacent storage yard. The site has physical constraints as well - two petroleum pipelines cross the front of the property and one pipeline parallels the east property line. There is also a small portion of the southeast corner of the property that is effected by the Yellowstone River floodplain. A side channel of the river comes close to the southern boundary.
Eight of the proposed 14 parking stalls are located along the front of the building. The front of the building is over 130 feet from the front property line to allow for truck and trailer movements, accommodate stormwater management and avoid proximity to the petroleum pipelines across the frontage. The accessible parking space required by ADA is one of the spots in the front parking area. This parking spot needs to be located as close as possible to the entry doors (one for each tenant). Two 14-foot overhead doors will be on the front facade with one 14-foot overhead door out to the rear secure storage area. Three 16-foot overhead doors are planned for the east building facade that will only be accessible from within the secured storage area planned for this side of the building. The reason for this separation is the truck, forklifts and tractors needed to move the storage units and mobile offices should be separate from normal vehicle traffic for safety reasons. This is a similar safety feature for other businesses that use outdoor storage such as lumber and building material yards, RV and car dealership receiving lots, and wholesale lots of all types.
The applicant could place all the parking stalls on the east side of the building, however this would deprive the second tenant (west half of the proposed building) of any nearby parking spaces. In addition, the location of the accessible parking stall along the east side of the building may not meet the requirement for proximity to the building entry doors for each tenant. Placement of 8 of the 14 parking spaces on the front of building in a single row, against the front of the building, will not have a negative effect on this location or the intent of the code requirement to eliminate the development style of buildings at the back of a sea of parking stalls.
The Board of Adjustment previously granted a variance to this code requirement for the new Costco Warehouse at 3840 Zoo Drive. These are similar requests although separated by degrees of intensity and use. The Costco parcel also had physical constraints (an irrigation ditch) and building functional needs for access. The Costco business model is oriented around daily customer transactions and so parking and building siting is critical feature of the location. The Board conditionally approved the Costco variance request in May 2022.
STAKEHOLDERS
Planning staff notified the surrounding property owners by mail, placed a legal advertisement in the Yellowstone County News, and posted the property with the required sign. No comments from any surrounding owners were received by Planning staff.
ALTERNATIVES
The Board of Adjustment may:
- Deny the requested variance and amend the findings of fact for the criteria;
- Delay action on the variance to a future BOA meeting.
FISCAL EFFECTS
Approval or denial of the requested variance will have no financial effect on the Planning Division budget.
SUMMARY
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
The property is subject to several physical constraints including two petroleum pipelines that run across the front of the property, one that runs down the east property line, a floodplain along the rear property line and the high speed arterial street frontage. The posted speed limit is 45 mph, however traffic generally travels at much higher speed due to the proximity of the interstate and openness of the right of way. The applicant's specific internal traffic and storage needs requires a large stormwater management area, turn around space in front of the building and access from the front of the building to the secured rear storage yard. These are circumstances that are peculiar to this location.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
There are two newer buildings to the west that have conformed to the new zoning standards for the placement of parking, but these uses and tracts were not subject to the same physical constraints as this parcel. In addition, property further west on the S Frontage Road corridor have large front yard parking lots including Hogan Crane and Transport (3716 S Frontage Rd), Intermountain Distributing at 1010 Intermountain St, and the I-State Truck Center at 4600 S Frontage Road. In addition, the variance approved for the Costco Warehouse in 2022 is an example of similarly situated property. However, the existing business on the South Frontage Road were developed under the old code and so were not required to develop like new projects.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Similar to the finding for criteria 2 above, the granting of this variance may not confer a special privilege on the applicant due to the existing developments in the area and on the previous variance approved for a parcel in a CX zone district with similar hardships. However, the existing developments in the area were built under the previous code.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
The 2016 Growth Policy and the 2021 Zoning Code adopted to further the Growth Policy goals, are intended to curtail the out-of-date development style of placing all new commercial development behind a sea of parking stalls. The provision of 8 parking stalls along the front of a building, along a high speed arterial, will be in harmony with the general purposes and intent of the Growth Policy and zoning code. The appearance of the structure itself will be the most prominent feature from the right of way.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;
Staff is recommending conditions for the approval of this variance request.
3) The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending conditions of approval that include time limits to begin and complete the project.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Office/warehouses, mobile storage and mobile office businesses are allowed uses in the CX zone.
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
The property is subject to several physical constraints including two petroleum pipelines that run across the front of the property, one that runs down the east property line, a floodplain along the rear property line and the high speed arterial street frontage. The posted speed limit is 45 mph, however traffic generally travels at much higher speed due to the proximity of the interstate and openness of the right of way. The applicant's specific internal traffic and storage needs requires a large stormwater management area, turn around space in front of the building and access from the front of the building to the secured rear storage yard. These are circumstances that are peculiar to this location.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
There are two newer buildings to the west that have conformed to the new zoning standards for the placement of parking, but these uses and tracts were not subject to the same physical constraints as this parcel. In addition, property further west on the S Frontage Road corridor have large front yard parking lots including Hogan Crane and Transport (3716 S Frontage Rd), Intermountain Distributing at 1010 Intermountain St, and the I-State Truck Center at 4600 S Frontage Road. In addition, the variance approved for the Costco Warehouse in 2022 is an example of similarly situated property. However, the existing business on the South Frontage Road were developed under the old code and so were not required to develop like new projects.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Similar to the finding for criteria 2 above, the granting of this variance may not confer a special privilege on the applicant due to the existing developments in the area and on the previous variance approved for a parcel in a CX zone district with similar hardships. However, the existing developments in the area were built under the previous code.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
The 2016 Growth Policy and the 2021 Zoning Code adopted to further the Growth Policy goals, are intended to curtail the out-of-date development style of placing all new commercial development behind a sea of parking stalls. The provision of 8 parking stalls along the front of a building, along a high speed arterial, will be in harmony with the general purposes and intent of the Growth Policy and zoning code. The appearance of the structure itself will be the most prominent feature from the right of way.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;
Staff is recommending conditions for the approval of this variance request.
1. The variance is to allow up to eight surface parking spaces to be in the front yard of the proposed office/warehouse building at 3160 S Frontage Road. The front yard is a yard extending along the full length of the front lot line which is situated between the office/warehouse building and the front lot line on S Frontage Road. No other variance is intended or implied.
2. The variance is limited to C/S 1591, Tract 1 generally located at 3160 S Frontage Road.
3. The applicant will install the landscaping as shown on the site plans submitted with the application. (Landscape Plan sheet L1.1).
4. Minor modifications to the location of the proposed structures and other site improvement as shown on the submitted site plans (Site Layout 1.0, Lot Layout 2.0 and Elevations A-3) is allowed.
5. The street frontage landscaping on S Frontage Road will not include any evergreen trees or shrubs that are intended to obscure the subject property either at the time of installation or at maturity. All street trees installed shall be trimmed up so the lowest branch height at installation is at least 8 feet above grade. The species and location of street frontage landscaping is sufficient as shown on the Landscape Plan Sheet L1.1
6. No outdoor announcement system shall be audible beyond the exterior property lines.
7. The applicant will complete the building permit process within 2 years of Board approval and complete the project within 5 years of Board approval.
8. Any structures not shown on this approved site plan, will comply with all zoning regulations and other city regulations in place at the time of development.
9. All other zoning regulations, except for this specific variance, and any other applicable city regulations apply to the development of the site.
10. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
11. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease-holders, heirs and assigns.
2. The variance is limited to C/S 1591, Tract 1 generally located at 3160 S Frontage Road.
3. The applicant will install the landscaping as shown on the site plans submitted with the application. (Landscape Plan sheet L1.1).
4. Minor modifications to the location of the proposed structures and other site improvement as shown on the submitted site plans (Site Layout 1.0, Lot Layout 2.0 and Elevations A-3) is allowed.
5. The street frontage landscaping on S Frontage Road will not include any evergreen trees or shrubs that are intended to obscure the subject property either at the time of installation or at maturity. All street trees installed shall be trimmed up so the lowest branch height at installation is at least 8 feet above grade. The species and location of street frontage landscaping is sufficient as shown on the Landscape Plan Sheet L1.1
6. No outdoor announcement system shall be audible beyond the exterior property lines.
7. The applicant will complete the building permit process within 2 years of Board approval and complete the project within 5 years of Board approval.
8. Any structures not shown on this approved site plan, will comply with all zoning regulations and other city regulations in place at the time of development.
9. All other zoning regulations, except for this specific variance, and any other applicable city regulations apply to the development of the site.
10. Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
11. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease-holders, heirs and assigns.
3) The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending conditions of approval that include time limits to begin and complete the project.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Office/warehouses, mobile storage and mobile office businesses are allowed uses in the CX zone.
Attachments
- Zoning Map and Site Photos
- Application and Letter
- Site Plan and Elevations
- Master Site Plan for Adjacent Warehouses