|
|
| Zoning Commission | |
| Date: | 10/03/2023 |
| Title: | Zone Change 1037 - 3146 Monad Rd - N3 to NO |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending approval and adoption of the findings of the 10 review criteria for Zone Change 1037.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request for a parcel generally located at 3146 Monad Rd and legally described as Lot 7 of Block 24, Lampman Subdivision. The current zoning is Suburban Neighborhood Residential (N3) and the proposed zoning is Neighborhood Office (NO). The intent of the zone change is to allow for the development on the vacant lot of several attached live/work units for professional office space. The lot is 11,708 square feet in area.
The proposed zone change will allow one lot at the intersection of Monad Road and S 32nd St West to be developed for either mixed residential uses or a combination of office space and living space units. The subdivision is more than 40 years old and the lot may have been appropriate for single family use in the past when there was little development in the surrounding neighborhoods and the intersection of Monad Road and 32nd Street West was not as busy as it is today. The current volume and speed of traffic at this intersection makes development for a single family dwelling the least likely use of the property. Higher residential density or a combination of residential and office-based businesses will be a more appropriate use of the land at this stage of urban development. The site is challenging for access since it is directly at the corner of a signalized intersection of two multi-lane arterial streets. Careful placement of a drive approach on Monad Rd will be required. Typically, the city requires any new drive approach near a signalized intersection to be at least 100 feet away from the intersection (BMCC 6-1208.i.4). Use of the existing alley off 32nd St West may also provide vehicle access to the property. Paving and drainage of this section of the alley may be required if it is the primary vehicle access to the development.
The NO zone allows professional offices, personal and business services, but no general retail businesses. The zone is intended to be located at intersections of collector or arterial streets and local street into neighborhoods. The uses allowed within the zone are limited as the zone is intended to fit within a neighborhood as well as on the edge of neighborhoods. The 2001 West Billings Neighborhood Plan envisioned the arterial streets becoming locations for commercial nodes at intersections and higher density residential or professional offices between arterial intersections. The proposed development pattern from this 2001 neighborhood plan has been implemented successfully in several locations that were annexed to the city for services. For example, the commercial node under development at Grand Ave and 54th St West was predicted and supported by the 2001 neighborhood plan. The large commercial development node at King Ave West and Shiloh Road was also supported by the neighborhood plan. This plan will be updated in the next 18 months.
32nd St West from King Ave West north to Rimrock Road served as the main north-south corridor while the city and state re-built Shiloh Road in 2009/2010. The current level of traffic on both 32nd St West and Monad Road is a healthy volume for arterial streets. About 8,000 vehicle trips per day are counted on Monad Rd and about 15,000 vehicle trips per day on 32nd St West near this intersection. The traffic counts are collected during non-school months (June - August) and are averaged over a three-year period. It is likely the volume of traffic at this intersection is much higher during peak times of the week for schools (morning and afternoon) as well as weekends when recreational activities are happening in surrounding areas. The city is working on signal improvements in the 32nd St West corridor to ensure the signals are timed correctly and are activated normally at the intersections. Currently, the equipment for each signal is from a different time period and cannot be synched. Arterial streets can handle large volumes of traffic depending on the construction of the road. Multi-lane arterials - more than 1 lane for each direction, can handle higher volumes and can provide safer turning movements. Both 32nd St West and Monad Road are built with one travel lane in each direction and with a center turn lane to accommodate queuing for left turn movements. There is no plan at this time to add travel lanes to either arterial street.
Directly to the north of the subject property is the West Side Baptist Church in a Public 2 (P2) zone district. To the east, south and west there are single family and multifamily developments. There is a single family home directly adjacent to the east (3138 Monad Rd) and one directly south across the alley at 3145 Georgina Dr. The addition of a development on this property will not create a large amount of additional traffic to the alley or the street network. If four dwelling units are developed then about 32 to 40 additional traffic trips per day could be anticipated. This number includes not just the resident trips but also includes guests and service trips to the property for mail delivery or similar daily necessities. Development for office-based businesses could add more traffic, but based on the allowed uses and the size of the property these would not be significant. The Planning staff did not receive any comments from the Engineering Division regarding the proposed zone change.
Prior to the zoning code update in 2021, this property was zoned Residential 9,600 (R96) as were all the properties to the east and south of this location within the Lampman Subdivision. Incremental changes to the original zoning occurred over the last 50 years to accommodate commercial development at the intersection of King Ave West and 32nd St West. No other parcels on the 32nd St West corridor from King Ave West north to Central Avenue have been approved for zone changes from residential to commercial or office uses. There was one request in 2008 for a zone change to Residential Professional (RP) for a few lots at Rosebud Dr and 32nd St West that was not approved. The Harvest Subdivision Planned Development on the west side of 32nd St W has changed some underlying zone district uses to allow, for example, the Pickle Barrel sandwich shop and some of the other uses in the multi-tenant building at King Ave W and 32nd St W.
Planning staff is recommending approval based on the compatibility with the adjacent streets and residential homes to the east and south. The proposed zoning is in conformance with the 2016 Growth Policy guidelines, and the West Billings Neighborhood Plan. The proposed use and zoning will benefit the orderly transition of this property to the next increment of development intensity at the intersection of two arterial streets. Similar development patterns exist and are compatible with adjacent neighborhoods in Billings.
The proposed zone change will allow one lot at the intersection of Monad Road and S 32nd St West to be developed for either mixed residential uses or a combination of office space and living space units. The subdivision is more than 40 years old and the lot may have been appropriate for single family use in the past when there was little development in the surrounding neighborhoods and the intersection of Monad Road and 32nd Street West was not as busy as it is today. The current volume and speed of traffic at this intersection makes development for a single family dwelling the least likely use of the property. Higher residential density or a combination of residential and office-based businesses will be a more appropriate use of the land at this stage of urban development. The site is challenging for access since it is directly at the corner of a signalized intersection of two multi-lane arterial streets. Careful placement of a drive approach on Monad Rd will be required. Typically, the city requires any new drive approach near a signalized intersection to be at least 100 feet away from the intersection (BMCC 6-1208.i.4). Use of the existing alley off 32nd St West may also provide vehicle access to the property. Paving and drainage of this section of the alley may be required if it is the primary vehicle access to the development.
The NO zone allows professional offices, personal and business services, but no general retail businesses. The zone is intended to be located at intersections of collector or arterial streets and local street into neighborhoods. The uses allowed within the zone are limited as the zone is intended to fit within a neighborhood as well as on the edge of neighborhoods. The 2001 West Billings Neighborhood Plan envisioned the arterial streets becoming locations for commercial nodes at intersections and higher density residential or professional offices between arterial intersections. The proposed development pattern from this 2001 neighborhood plan has been implemented successfully in several locations that were annexed to the city for services. For example, the commercial node under development at Grand Ave and 54th St West was predicted and supported by the 2001 neighborhood plan. The large commercial development node at King Ave West and Shiloh Road was also supported by the neighborhood plan. This plan will be updated in the next 18 months.
32nd St West from King Ave West north to Rimrock Road served as the main north-south corridor while the city and state re-built Shiloh Road in 2009/2010. The current level of traffic on both 32nd St West and Monad Road is a healthy volume for arterial streets. About 8,000 vehicle trips per day are counted on Monad Rd and about 15,000 vehicle trips per day on 32nd St West near this intersection. The traffic counts are collected during non-school months (June - August) and are averaged over a three-year period. It is likely the volume of traffic at this intersection is much higher during peak times of the week for schools (morning and afternoon) as well as weekends when recreational activities are happening in surrounding areas. The city is working on signal improvements in the 32nd St West corridor to ensure the signals are timed correctly and are activated normally at the intersections. Currently, the equipment for each signal is from a different time period and cannot be synched. Arterial streets can handle large volumes of traffic depending on the construction of the road. Multi-lane arterials - more than 1 lane for each direction, can handle higher volumes and can provide safer turning movements. Both 32nd St West and Monad Road are built with one travel lane in each direction and with a center turn lane to accommodate queuing for left turn movements. There is no plan at this time to add travel lanes to either arterial street.
Directly to the north of the subject property is the West Side Baptist Church in a Public 2 (P2) zone district. To the east, south and west there are single family and multifamily developments. There is a single family home directly adjacent to the east (3138 Monad Rd) and one directly south across the alley at 3145 Georgina Dr. The addition of a development on this property will not create a large amount of additional traffic to the alley or the street network. If four dwelling units are developed then about 32 to 40 additional traffic trips per day could be anticipated. This number includes not just the resident trips but also includes guests and service trips to the property for mail delivery or similar daily necessities. Development for office-based businesses could add more traffic, but based on the allowed uses and the size of the property these would not be significant. The Planning staff did not receive any comments from the Engineering Division regarding the proposed zone change.
Prior to the zoning code update in 2021, this property was zoned Residential 9,600 (R96) as were all the properties to the east and south of this location within the Lampman Subdivision. Incremental changes to the original zoning occurred over the last 50 years to accommodate commercial development at the intersection of King Ave West and 32nd St West. No other parcels on the 32nd St West corridor from King Ave West north to Central Avenue have been approved for zone changes from residential to commercial or office uses. There was one request in 2008 for a zone change to Residential Professional (RP) for a few lots at Rosebud Dr and 32nd St West that was not approved. The Harvest Subdivision Planned Development on the west side of 32nd St W has changed some underlying zone district uses to allow, for example, the Pickle Barrel sandwich shop and some of the other uses in the multi-tenant building at King Ave W and 32nd St W.
Planning staff is recommending approval based on the compatibility with the adjacent streets and residential homes to the east and south. The proposed zoning is in conformance with the 2016 Growth Policy guidelines, and the West Billings Neighborhood Plan. The proposed use and zoning will benefit the orderly transition of this property to the next increment of development intensity at the intersection of two arterial streets. Similar development patterns exist and are compatible with adjacent neighborhoods in Billings.
STAKEHOLDERS
The applicant held a pre-application neighborhood meeting on August 24, 2023, at the Mazevo Coffee shop at 3911 Central Avenue. Three surrounding owners attended the 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.
ALTERNATIVES
The City Zoning Commission may:
- Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1037; or,
- Recommend denial and adopt different findings of the ten review criteria for Zone Change 1037; or,
- Delay action on the zone change request for up to 60 days at the request of the applicant or on its own motion; 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:
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 vacant parcel at the intersection of two heavily traveled arterial street to be developed for a use that is compatible with the streets and with the adjacent residential neighborhood. The NO zone is intended to allow only uses that are compatible with neighborhoods and excludes general commercial uses including retail uses of concern to the neighborhood such as liquor stores, marijuana dispensaries or convenience foods. For example, a coffee kiosk or any restaurant food service would not be allowed. In addition, the use for office space for professionals would not include open storage of business equipment or supplies.
The proposed zoning is also supported by the West Billings Neighborhood Plan that indicated the intersections of arterial streets and the area between such intersections would be appropriate for higher density housing and professional office spaces. The current zoning limits the potential uses to a single family dwelling which is not at all compatible with the street intersection.
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 NO zoning would allow the owner to ensure future development is not intrusive to neighboring property, and still allow compatible uses with the adjacent zoning. Buffer yards will be required along with street frontage trees and landscaping. Vacant or undeveloped lots tend to add unpredictability to the area. Vacant lots tend to be less well-maintained and can attract unwanted activity.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning may increase traffic slightly on the adjacent arterial streets. This increase will not require a traffic study and City Engineering will ensure the appropriate placement of any new drive approach on Monad Rd or use of the alley for residential traffic.
Water and Sewer: The City provides water and sewer to the area. Water is stubbed into the property off Monad Rd and sewer service is available in the alley. The Utilities Division voiced no concerns.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed development may include some residential use, but it will be a few units if any. The nearby elementary school (Big Sky Elementary) had 368 students enrolled last year with a student teacher ratio of 23.97 students per teacher. Ben Steele Middle School serves this location. Ben Steele Middle School had 795 students enrolled last year with a student teacher ratio of 17.1 students per teacher. West High School had a 2022/2023 enrollment of 2,180 students with student teacher ratio of 15.91. The student population capacity of Big Sky Elementary is 425, Ben Steele Middle School can handle up to 750 students, and West High School can accommodate 1,731 students. The school district provided no comments on the proposed zone change.
The closest public park to this location is Lampman Park but is undeveloped and on the list of surplus parkland for sale. Harvest Subdivision and Parkland West subdivisions to the west have public open space consisting mainly of trails and sidewalks throughout the neighborhoods. There is a small neighborhood park within walking distance (1/4-mile) located just west of Big Sky Elementary on Granger Avenue East. Stewart Park is approximately .75 miles walking distance to the east and Centennial Park is about the same distance north on 32nd St West. There was no comment or concerns about the proposed zoning from Parks, Recreation and Public Lands staff.
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 both street frontages and appears to be in good condition. Traffic volume on Monad Rd is about 8,000 vehicle trips per day and about twice that amount on 32nd St West. The existing streets 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 south of the subject parcel is zoned N3. North across Monad Rd is zone P2 for the church and to the west the neighborhoods have Planned Development zoning. 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 or uses. The proposed zoning will allow professional offices and residential housing choices on a busy arterial street in Billings westend.
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 new construction including all zoning standards, landscaping, screening, building heights and setbacks. Engineering standards for traffic management, stormwater control and safe public improvements will also be required.
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 at the intersection of two arterial streets and will encourage the most appropriate use of land in the district. Supporting local business expansion and adding housing choice is beneficial to the economic growth for the City of Billings.
The proposed zoning is also supported by the West Billings Neighborhood Plan that indicated the intersections of arterial streets and the area between such intersections would be appropriate for higher density housing and professional office spaces. The current zoning limits the potential uses to a single family dwelling which is not at all compatible with the street intersection.
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 NO zoning would allow the owner to ensure future development is not intrusive to neighboring property, and still allow compatible uses with the adjacent zoning. Buffer yards will be required along with street frontage trees and landscaping. Vacant or undeveloped lots tend to add unpredictability to the area. Vacant lots tend to be less well-maintained and can attract unwanted activity.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning may increase traffic slightly on the adjacent arterial streets. This increase will not require a traffic study and City Engineering will ensure the appropriate placement of any new drive approach on Monad Rd or use of the alley for residential traffic.
Water and Sewer: The City provides water and sewer to the area. Water is stubbed into the property off Monad Rd and sewer service is available in the alley. The Utilities Division voiced no concerns.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed development may include some residential use, but it will be a few units if any. The nearby elementary school (Big Sky Elementary) had 368 students enrolled last year with a student teacher ratio of 23.97 students per teacher. Ben Steele Middle School serves this location. Ben Steele Middle School had 795 students enrolled last year with a student teacher ratio of 17.1 students per teacher. West High School had a 2022/2023 enrollment of 2,180 students with student teacher ratio of 15.91. The student population capacity of Big Sky Elementary is 425, Ben Steele Middle School can handle up to 750 students, and West High School can accommodate 1,731 students. The school district provided no comments on the proposed zone change.
The closest public park to this location is Lampman Park but is undeveloped and on the list of surplus parkland for sale. Harvest Subdivision and Parkland West subdivisions to the west have public open space consisting mainly of trails and sidewalks throughout the neighborhoods. There is a small neighborhood park within walking distance (1/4-mile) located just west of Big Sky Elementary on Granger Avenue East. Stewart Park is approximately .75 miles walking distance to the east and Centennial Park is about the same distance north on 32nd St West. There was no comment or concerns about the proposed zoning from Parks, Recreation and Public Lands staff.
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 both street frontages and appears to be in good condition. Traffic volume on Monad Rd is about 8,000 vehicle trips per day and about twice that amount on 32nd St West. The existing streets 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 south of the subject parcel is zoned N3. North across Monad Rd is zone P2 for the church and to the west the neighborhoods have Planned Development zoning. 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 or uses. The proposed zoning will allow professional offices and residential housing choices on a busy arterial street in Billings westend.
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 new construction including all zoning standards, landscaping, screening, building heights and setbacks. Engineering standards for traffic management, stormwater control and safe public improvements will also be required.
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 at the intersection of two arterial streets and will encourage the most appropriate use of land in the district. Supporting local business expansion and adding housing choice is beneficial to the economic growth for the City of Billings.
Attachments
- Zoning Map and Site Photos ZC 1037
- Chart of Zoning History ZC 1037
- Pre application meeting notes ZC 1037
- Application and Letter