|
Regular
|
| Board of Adjustment | |
| Date: | 11/01/2023 |
| Title: | Variance 1372 - 3508 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 1372.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
The applicant is requesting a variance from the siting and building standards for the Heavy Commercial (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. These are local streets that continue north and east to the S 27th St interchange with Interstate 90. The subject property is legally described as an unplatted parcel in Section 15, Township 1 South, Range 26 East, a remainder of the south part of Government Lots 2 and Lot 3 (less C/S 1596), and is approximately 20 acres in area. The lot will be split in the near future and the requested variance will apply only to the lot on the west half of the parcel where the proposed use will be located. The proposed use is for a consolidate location for Torgerson's Equipment, an agricultural dealership offering sales, parts, & service to customers across Montana. The business currently has two locations in the area including Old Hardin Road in Lockwood and on Laurel Frontage Rd in Billings. This location is larger and can accommodate the equipment sales, parts and service functions in one place.
Torgerson's Equipment needs to accommodate both customer traffic and delivery and maintenance traffic for large machinery. The access to the land is controlled by the Montana Department of Transportation (MDT) as a frontage road to I-90. MDT will not allow two access points in light of speed and volume of traffic on this section of the road. Only one access will need to accommodate both customer traffic and semi-truck traffic in the same drive aisle and maneuvering area. There is frequent traffic to Torgerson's both for deliveries of equipment (semi-trucks and trailers), as well as passenger vehicles that will use the same driveway off S Frontage Road. One access point constrains the site plan. The property also has other physical constraints such as the Yellowstone River flood plain, the South Billings drain on the west, the Grey Eagle ditch that cuts through the lower half of the parcel (see aerial photograph), and the petroleum pipelines that cross the front property line. The city recently extended water and sewer service to the location to support the development of two large distribution warehouses to the east at 3218 and 3226 South Frontage Road. Those warehouses are under construction. The proposed Torgerson's warehouse, equipment display and secure storage yard on this parcel to the west of those parcels will not be quite as large in building area but does require a safe and efficient use of the frontage. Torgerson's has more individual customer traffic than the new warehouses under construction to the east.
The warehouses to the east are situated on larger parcels and meet the zoning code requirement for location of surface parking (side yard). 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 turn around area on the east side of the proposed structure, access for semi-truck traffic on both sides of the building in addition to overhead door access on the west side of the building. This access for heavy equipment, machinery and semi-truck traffic has to be as separated as possible from the regular customer and employee traffic to be a safe environment. There are proposed gated accesses to the rear yard from each side yard where much of storage and staging of equipment will happen. To minimize the conflict between these two types of traffic, the site plan shows some of the parking in front of the building with some on each side of the building.
There are 78 parking stalls shown on the site plan. Typically, a warehouse would require one parking stall for each 1,000 square feet of floor area. This building will have a mixture of uses including office space, sales area and other uses that may require more parking per square foot. Planning staff has not calculated whether the proposed parking will require a waiver of the maximum parking. Administrative waivers from the maximum number of off-street parking spaces may be requested but do require additional landscaping if approved. Fifteen of the proposed 78 parking space are against the front of the building. Twenty-one spaces are facing S Frontage Road opposite the 15 in front of the building. Five more spaces are in the front yard to the west of the proposed building. A total of 41 of the 78 parking stalls are in the front yard of the property (the space between the proposed building and the street frontage). An accessible parking space must be provided and for this size of a parking lot, two would be required. The site plan does not indicate where the primary public entrance will be, but the accessible spaces would likely be two of the 15 that face the front of the building.
The applicant could place more of the stalls on the east side of the building, but this would constrict the maneuvering area needed for equipment and semi-trucks. The applicant could request relief from providing all the required off-street parking stalls and eliminate some of the front yard parking stalls. The existing locations on Old Hardin Road and Laurel Road have much fewer parking spaces. The Laurel Road location has six marked customer spaces (12,400 sf building), and the Old Hardin Road location has about 38 customer/employee parking spaces. The Board of Adjustment previously granted a variance to this code requirement for the new developments at 3160 S Frontage Road for a new Mobile Stor, and for a new trucking logistics center at 3100 S Frontage Road. The location along a state-controlled access frontage road makes site development constrained where two types of traffic must be accommodated safely. The petroleum pipelines, irragation ditches and drains also challenge these lots.
Planning staff is recommending conditional approval based on the proposed findings for the review criteria.
Torgerson's Equipment needs to accommodate both customer traffic and delivery and maintenance traffic for large machinery. The access to the land is controlled by the Montana Department of Transportation (MDT) as a frontage road to I-90. MDT will not allow two access points in light of speed and volume of traffic on this section of the road. Only one access will need to accommodate both customer traffic and semi-truck traffic in the same drive aisle and maneuvering area. There is frequent traffic to Torgerson's both for deliveries of equipment (semi-trucks and trailers), as well as passenger vehicles that will use the same driveway off S Frontage Road. One access point constrains the site plan. The property also has other physical constraints such as the Yellowstone River flood plain, the South Billings drain on the west, the Grey Eagle ditch that cuts through the lower half of the parcel (see aerial photograph), and the petroleum pipelines that cross the front property line. The city recently extended water and sewer service to the location to support the development of two large distribution warehouses to the east at 3218 and 3226 South Frontage Road. Those warehouses are under construction. The proposed Torgerson's warehouse, equipment display and secure storage yard on this parcel to the west of those parcels will not be quite as large in building area but does require a safe and efficient use of the frontage. Torgerson's has more individual customer traffic than the new warehouses under construction to the east.
The warehouses to the east are situated on larger parcels and meet the zoning code requirement for location of surface parking (side yard). 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 turn around area on the east side of the proposed structure, access for semi-truck traffic on both sides of the building in addition to overhead door access on the west side of the building. This access for heavy equipment, machinery and semi-truck traffic has to be as separated as possible from the regular customer and employee traffic to be a safe environment. There are proposed gated accesses to the rear yard from each side yard where much of storage and staging of equipment will happen. To minimize the conflict between these two types of traffic, the site plan shows some of the parking in front of the building with some on each side of the building.
There are 78 parking stalls shown on the site plan. Typically, a warehouse would require one parking stall for each 1,000 square feet of floor area. This building will have a mixture of uses including office space, sales area and other uses that may require more parking per square foot. Planning staff has not calculated whether the proposed parking will require a waiver of the maximum parking. Administrative waivers from the maximum number of off-street parking spaces may be requested but do require additional landscaping if approved. Fifteen of the proposed 78 parking space are against the front of the building. Twenty-one spaces are facing S Frontage Road opposite the 15 in front of the building. Five more spaces are in the front yard to the west of the proposed building. A total of 41 of the 78 parking stalls are in the front yard of the property (the space between the proposed building and the street frontage). An accessible parking space must be provided and for this size of a parking lot, two would be required. The site plan does not indicate where the primary public entrance will be, but the accessible spaces would likely be two of the 15 that face the front of the building.
The applicant could place more of the stalls on the east side of the building, but this would constrict the maneuvering area needed for equipment and semi-trucks. The applicant could request relief from providing all the required off-street parking stalls and eliminate some of the front yard parking stalls. The existing locations on Old Hardin Road and Laurel Road have much fewer parking spaces. The Laurel Road location has six marked customer spaces (12,400 sf building), and the Old Hardin Road location has about 38 customer/employee parking spaces. The Board of Adjustment previously granted a variance to this code requirement for the new developments at 3160 S Frontage Road for a new Mobile Stor, and for a new trucking logistics center at 3100 S Frontage Road. The location along a state-controlled access frontage road makes site development constrained where two types of traffic must be accommodated safely. The petroleum pipelines, irragation ditches and drains also challenge these lots.
Planning staff is recommending conditional approval based on the proposed findings for the review criteria.
STAKEHOLDERS
Planning staff notified the surrounding property owners by mail, placed a legal advertisement in the Yellowstone County News, placed a synopsis of the application on the Current Zoning Applications webpage, 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, two drainage ditches, a floodplain along the rear property line and the state-controlled access to 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 area for maneuvering equipment and semi-trucks with trailers and customer and employee access from the front of the building 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 locations in the vicinity that have been approved for the same variance due to the same property constraints and the owner's need for large spaces for moving vehicles and equipment. These are similarly situated property owners. 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. 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 the previous variances approved for parcels in a CX zone district with similar hardships.
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 15 parking stalls along the front of a building, with another 21 spaces facing the street 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 and the equipment display area itself will be the most prominent feature from the right of way. The design of the site will be similar to the Old Hardin Road facility.
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. Equipment dealerships, parts, sales and service 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, two drainage ditches, a floodplain along the rear property line and the state-controlled access to 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 area for maneuvering equipment and semi-trucks with trailers and customer and employee access from the front of the building 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 locations in the vicinity that have been approved for the same variance due to the same property constraints and the owner's need for large spaces for moving vehicles and equipment. These are similarly situated property owners. 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. 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 the previous variances approved for parcels in a CX zone district with similar hardships.
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 15 parking stalls along the front of a building, with another 21 spaces facing the street 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 and the equipment display area itself will be the most prominent feature from the right of way. The design of the site will be similar to the Old Hardin Road facility.
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 41 surface parking spaces to be in the front yard of the proposed new Torgerson's facility at 3508 S Frontage Road. The front yard is a yard extending along the full length of the front lot line which is situated between the new building and the front lot line on S Frontage Road. No other variance is intended or implied.
2. The variance is limited to S15, T01 S, R26 E, RMDR S PART OF GOV LT 2 & RMDR S PART GOV LT 3 (LESS COS 1596 AMD), the west half as shown on the submitted site plan.
3. The applicant will install all the required landscaping on the street frontage, in the proposed parking lot and any other bufferyards that are required.
4. Minor modifications to the location of the proposed structures and other site improvement as shown on the submitted site plans 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 shall follow Section 27-1203 and species selected from the City of Billings recommended boulevard tree list.
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 S15, T01 S, R26 E, RMDR S PART OF GOV LT 2 & RMDR S PART GOV LT 3 (LESS COS 1596 AMD), the west half as shown on the submitted site plan.
3. The applicant will install all the required landscaping on the street frontage, in the proposed parking lot and any other bufferyards that are required.
4. Minor modifications to the location of the proposed structures and other site improvement as shown on the submitted site plans 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 shall follow Section 27-1203 and species selected from the City of Billings recommended boulevard tree list.
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. Equipment dealerships, parts, sales and service are allowed uses in the CX zone.
Attachments
- Zoning Map and Site Photos Var 1372
- Chart of Zoning History Var 1372
- Application and Letter Var 1372
- Site Plan Var 1372