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| Zoning Commission | |
| Date: | 06/06/2023 |
| Title: | Zone Change 1027 - Viking Tvetene Planned Development Amendment |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1027.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request to amend the underlying Zoning master-plan for the several lots in the Viking Tvetene Planned Development zone generally located south and west of the intersection of East Lane and Elysian Road. The original Planned Development zone was approved by the County Commissioners in 2013 to include land west of Elysian School with underlying zoning of Highway Commercial (HC) and Controlled Industrial (CI), two zone districts that have now been retired. The Planned Development also included a reduced set of allowed uses in both underlying zone districts to protect the school and the surrounding agricultural and residential uses. The property was recently annexed to the city and property has been sold to Elysian School to accommodate the growing campus. This zone change and amendment to the PD agreement will update the names of the owners to include the school district, and a development company along with Viking Land, LLC. The amendment also updates the special agreements in the document and names the city's code for landscaping requirements for parcels that were recently annexed to the city. The amendment will make this agreement easier to interpret and enforce and provide continuing predictability for the school and owners of property in the development and surrounding owners.
The change in the underlying Zoning master-plan will expand the area with underlying HC zoning and decrease the area for the underlying CI zoning. In addition, the two parcels recently purchased by the school will be zoned Public 2 (P2) to match the school's existing zoning. The HC and CI zone districts are archived zone districts in use for all Planned Developments in the city and county. The new zoning code adopted in February 2021 anticipated the need to use these archived zone districts for the 80+ Planned Development zone districts. The owners in these Planned Developments can rely on these archived districts to guide the development within these areas. Section 27-107 of the zoning code does provide language to guide the interpretation of these Planned Development documents:
Planning staff is recommending approval of the proposed zone change and amendment to the Planned Development agreement. The increase in the underlying HC zone is to accommodate a multifamily development project adjacent to the school property. The HC zone district allows multifamily residential development similar to the retired Residential Multifamily-Restricted (RMF-R) zone district. For example, the original zoning for Riverfront Pointe Estates (east of Mullowney Lane) was Highway Commercial. There is no substantial change in the original findings for this Planned Development except the type of traffic may change from commercial truck traffic to more residential type traffic.
A minor subdivision of the property was approved by the City Council on May 22, 2023. One of the conditions of approval is to require an update to the Traffic Impact Study and road improvements as required to handle the intended type and volume of traffic on adjacent streets and roads. Another condition of the approval requires at least three pedestrian connections to the school property. This will allow any students in the new residential neighborhoods to walk to the school without traveling on a collector or arterial street. The updates and amendments align with the 2016 City Growth Policy to encourage strong neighborhoods with walkable streets and housing choices. In addition, the limitation of uses within both underlying zone districts protects and encourages compatible uses on the property.
The change in the underlying Zoning master-plan will expand the area with underlying HC zoning and decrease the area for the underlying CI zoning. In addition, the two parcels recently purchased by the school will be zoned Public 2 (P2) to match the school's existing zoning. The HC and CI zone districts are archived zone districts in use for all Planned Developments in the city and county. The new zoning code adopted in February 2021 anticipated the need to use these archived zone districts for the 80+ Planned Development zone districts. The owners in these Planned Developments can rely on these archived districts to guide the development within these areas. Section 27-107 of the zoning code does provide language to guide the interpretation of these Planned Development documents:
Section 27-107.D. Planned developments and master site plans approved prior to the effective date.
1. Any planned development identified on the zoning map and approved prior to the effective date shall remain valid. Planned developments that refer to zone districts not included in this zoning code shall use the archived zoning code requirements. For example, a reference to an underlying zone district of "community commercial" shall refer to the use table, use standards, and other requirements for that zone district in the archived zoning code.
2. Planned development and master site plan approvals that predate the adoption of this zoning code shall be narrowly interpreted and are limited to the specified terms of approval. Where a term was not defined or a process not specified in the PD or MSP approval, the most closely similar provision of this zoning code shall be applied. For example, if a planned development does not specify a process for amendment, the process for amending planned development approvals in this zoning code will be used.
1. Any planned development identified on the zoning map and approved prior to the effective date shall remain valid. Planned developments that refer to zone districts not included in this zoning code shall use the archived zoning code requirements. For example, a reference to an underlying zone district of "community commercial" shall refer to the use table, use standards, and other requirements for that zone district in the archived zoning code.
2. Planned development and master site plan approvals that predate the adoption of this zoning code shall be narrowly interpreted and are limited to the specified terms of approval. Where a term was not defined or a process not specified in the PD or MSP approval, the most closely similar provision of this zoning code shall be applied. For example, if a planned development does not specify a process for amendment, the process for amending planned development approvals in this zoning code will be used.
Planning staff is recommending approval of the proposed zone change and amendment to the Planned Development agreement. The increase in the underlying HC zone is to accommodate a multifamily development project adjacent to the school property. The HC zone district allows multifamily residential development similar to the retired Residential Multifamily-Restricted (RMF-R) zone district. For example, the original zoning for Riverfront Pointe Estates (east of Mullowney Lane) was Highway Commercial. There is no substantial change in the original findings for this Planned Development except the type of traffic may change from commercial truck traffic to more residential type traffic.
A minor subdivision of the property was approved by the City Council on May 22, 2023. One of the conditions of approval is to require an update to the Traffic Impact Study and road improvements as required to handle the intended type and volume of traffic on adjacent streets and roads. Another condition of the approval requires at least three pedestrian connections to the school property. This will allow any students in the new residential neighborhoods to walk to the school without traveling on a collector or arterial street. The updates and amendments align with the 2016 City Growth Policy to encourage strong neighborhoods with walkable streets and housing choices. In addition, the limitation of uses within both underlying zone districts protects and encourages compatible uses on the property.
STAKEHOLDERS
The applicant conducted a pre-application neighborhood meeting on March 24, 2023, at the Elysian School. Approximately 13 surrounding property owners attended the meeting along with the agents for the owners, IMEG Corp staff Anna Vickers, Matt Suek, and Renae Heisler. The meeting notes are attached.
The Planning staff published a legal ad, posted the property and sent notification to the 69 property owners within the required notice area of 1,320 feet. The Planning staff did not receive any letters, emails or phone calls regarding the proposed zone change.
The Planning staff published a legal ad, posted the property and sent notification to the 69 property owners within the required notice area of 1,320 feet. The Planning staff did not receive any letters, emails or phone calls regarding the proposed zone change.
ALTERNATIVES
The Zoning Commission may:
- Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1027; or,
- Recommend denial and adopt different findings of the ten review criteria for Zone Change 1027; 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
Before making a recommendation to the City Council, the Zoning Commission shall consider the following findings of the 10 review criteria.
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:
The proposed amendment is also in line with the adopted 2016 Growth Policy goals for:
Essential Investments:
Landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors
Infill development and development near existing City infrastructure may be the most cost-effective
Community Fabric:
Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity
Attractive street-scapes provide a pleasant and calming travel experience in urban and suburban neighborhoods
Outdoor public spaces provide casual and relaxing gathering areas for people
Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity
Attractive street-scapes provide a pleasant and calming travel experience in urban and suburban neighborhoods
Strong Neighborhoods:
Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction
Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
Safe and livable neighborhoods can be achieved through subdivision design that focuses on complete streets, pedestrian-scale streetlights, street trees and walkable access to public spaces
Home Base:
A mix of housing types that meet the needs of a diverse population is important
Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
Mobility and Access:
Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings
“Safe Routes to Schools” promotes physical health and reduces vehicle trips, earning parents more time and less cost for transportation
Prosperity:
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
2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Billings Fire Department. No development has occurred yet but a new city subdivision has been approved. The nearest fire station is located on S 24th Street, approximately 3 miles north of the subject property. Depending on the specific uses, additional review for fire protection would be conducted during the development process for this property. City water and other improvements will be in place to protect the new uses 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 affected by the proposed change. The underlying zone districts and prohibited uses will continue to provide predictability and compatibility between uses.
4. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The existing zoning and new development will increase traffic on East Lane, Elysian Road and Shackelford Lane, the three access roads available to the property. The increase is addressed through the traffic analysis during the recent subdivision. Street and road improvements will be needed as part of the final plat.
Water and Sewerage: The property will be served by city water and sewer. There were issues raised during the annexation or subdivision of the property effecting the provision of water or sewer.
Schools and Parks: The proposed zoning will help protect the Elysian School property and function. The proposed adjacent development will be residential in nature. The School district supports the amendment to the agreement.
Fire and Police: The subject property is serviced by the Billings Fire Department and the Billings Police Department. The Fire Department and BPD commented at the annexation request that additional development will continue to strain current department resources.
5. Will the new zoning provide adequate light and air?
The existing PD zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. The amendment does not alter these requirements.
6. Will the new zoning effect motorized and non-motorized transportation?
Non-motorized travel -- walking and biking -- is an essential part of the circulation plan for this area of Billings. Elysian Road will be widened and a new multi-use path will be constructed. At least three pedestrian accesses will be provided to Elysian School from the new residential development in the underlying HC zone district. The preliminary traffic impact study identified that all accesses from the development should be stop-controlled intersections and that several surrounding intersections will require improvements either as part of the subdivision or with contributions to improvements in the future. Those contributions will be done at the time of final plat approval.
7. Will the new zoning promote compatible urban growth?
The proposed expansion of the HC zone and the reduction in the CI zone will accommodate the school's anticipated growth and will add more compatible urban growth around the school. The CI zoning will accommodate uses that are in demand in this area of southwest Billings including warehousing.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed PD amendment does consider the character of the district and the suitability of the property for the proposed uses. This area of southwest Billings is undergoing rapid development compared to other areas of Billings. The demand for housing choices including townhomes, apartments and smaller single family residences is increasing. The underlying HC zone also allows some retail and personal services that can provide neighborhood services. This area of southwest Billings has limited access to retail and personal services south of the interstate. Subdivisions to the east, Annafeld and parts of Harmony Meadows, have mixed use zoning that can support additional retail and commercial development.
9. Will the new zoning conserve the value of buildings?
The property consists of undeveloped parcels. Approval of the zone change to amend the PD agreement will continue to provide certainty to surrounding landowners and may help to maintain property values of adjacent buildings.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed amendment to the PD may encourage the most appropriate use of this land in Billings.
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:
The proposed amendment is also in line with the adopted 2016 Growth Policy goals for:
Essential Investments:
Landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors
Infill development and development near existing City infrastructure may be the most cost-effective
Community Fabric:
Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity
Attractive street-scapes provide a pleasant and calming travel experience in urban and suburban neighborhoods
Outdoor public spaces provide casual and relaxing gathering areas for people
Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity
Attractive street-scapes provide a pleasant and calming travel experience in urban and suburban neighborhoods
Strong Neighborhoods:
Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction
Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
Safe and livable neighborhoods can be achieved through subdivision design that focuses on complete streets, pedestrian-scale streetlights, street trees and walkable access to public spaces
Home Base:
A mix of housing types that meet the needs of a diverse population is important
Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
Mobility and Access:
Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings
“Safe Routes to Schools” promotes physical health and reduces vehicle trips, earning parents more time and less cost for transportation
Prosperity:
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
2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Billings Fire Department. No development has occurred yet but a new city subdivision has been approved. The nearest fire station is located on S 24th Street, approximately 3 miles north of the subject property. Depending on the specific uses, additional review for fire protection would be conducted during the development process for this property. City water and other improvements will be in place to protect the new uses 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 affected by the proposed change. The underlying zone districts and prohibited uses will continue to provide predictability and compatibility between uses.
4. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The existing zoning and new development will increase traffic on East Lane, Elysian Road and Shackelford Lane, the three access roads available to the property. The increase is addressed through the traffic analysis during the recent subdivision. Street and road improvements will be needed as part of the final plat.
Water and Sewerage: The property will be served by city water and sewer. There were issues raised during the annexation or subdivision of the property effecting the provision of water or sewer.
Schools and Parks: The proposed zoning will help protect the Elysian School property and function. The proposed adjacent development will be residential in nature. The School district supports the amendment to the agreement.
Fire and Police: The subject property is serviced by the Billings Fire Department and the Billings Police Department. The Fire Department and BPD commented at the annexation request that additional development will continue to strain current department resources.
5. Will the new zoning provide adequate light and air?
The existing PD zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. The amendment does not alter these requirements.
6. Will the new zoning effect motorized and non-motorized transportation?
Non-motorized travel -- walking and biking -- is an essential part of the circulation plan for this area of Billings. Elysian Road will be widened and a new multi-use path will be constructed. At least three pedestrian accesses will be provided to Elysian School from the new residential development in the underlying HC zone district. The preliminary traffic impact study identified that all accesses from the development should be stop-controlled intersections and that several surrounding intersections will require improvements either as part of the subdivision or with contributions to improvements in the future. Those contributions will be done at the time of final plat approval.
7. Will the new zoning promote compatible urban growth?
The proposed expansion of the HC zone and the reduction in the CI zone will accommodate the school's anticipated growth and will add more compatible urban growth around the school. The CI zoning will accommodate uses that are in demand in this area of southwest Billings including warehousing.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed PD amendment does consider the character of the district and the suitability of the property for the proposed uses. This area of southwest Billings is undergoing rapid development compared to other areas of Billings. The demand for housing choices including townhomes, apartments and smaller single family residences is increasing. The underlying HC zone also allows some retail and personal services that can provide neighborhood services. This area of southwest Billings has limited access to retail and personal services south of the interstate. Subdivisions to the east, Annafeld and parts of Harmony Meadows, have mixed use zoning that can support additional retail and commercial development.
9. Will the new zoning conserve the value of buildings?
The property consists of undeveloped parcels. Approval of the zone change to amend the PD agreement will continue to provide certainty to surrounding landowners and may help to maintain property values of adjacent buildings.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed amendment to the PD may encourage the most appropriate use of this land in Billings.
Attachments
- Zoning Map and Site Photos
- Existing PD Agreement
- Amended PD for city parcels
- Pre app meeting notes
- Application and Letter