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| Zoning Commission | |
| Date: | 03/05/2024 |
| Title: | City Zone Change 1046 - 1202 W Wicks Lane - NX3 to CMU2 |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending approval based on the findings of the 10 criteria for Zone Change 1046.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request from Mixed Residential 3 (NX3 – 5+ unit buildings) to Corridor Mixed Use 2 (CMU2), on proposed lots 1 and 2 of Skyview Ridge 2nd Filing. The two lots will equal about 8.6 acres in area. The intent, if approved, is to allow for the development of several personal storage warehouses on the parcels. Skyview Ridge is a subdivision of state-owned school trust land on the south side of W Wicks Lane near Skyview High School. The property was annexed and a master zoning plan approved in 2008. Since 2008 there have been no developments on the property. The state must approve a development through a long-term lease-process. State school trust lands are generally never sold but rather leased long-term. The site is in an area with Eagle sandstone formations that are shallow and do not drain well. Excavations for utilities, footings, foundations as well as providing for storm water management will be very challenging on this site. A major electric substation, two wireless communication towers, the city's 800 Mega-hertz radio tower (public safety communications), and two water utility pumping stations are located nearby, as well as high-tension power lines traverse near the property. The lots were originally zoned Residential Multi-family-Restricted. In the 2021 update, the state requested this area to be designated NX3 as the corollary zone district.
The proposed zoning of CMU2 matches the current zoning of lots to the east and north. Lots in Skyview Ridge, 1st Filings at the intersection of W Wicks Lane and Governor's Boulevard to the east are currently zoned CMU1. These lots to the east have sandstone outcroppings (See Zoning and Site Photos attachment) and share a property boundary with lots zoned NX2 to the south. The CMU2 zone district is intended for larger parcels that are separated from residential zones by a street or other demarcation that allows sufficient separation to diminish impacts on neighborhoods. The CMU2 zone appears to fit the criteria for this location. The zone district has building and siting standards that will need to be met - even for personal storage buildings. For example, the primary structure will need to be within the build-to area, cover at least 50 percent of the front lot line and have 65% of the front facade in doors and windows as measured between 2 ft and 8 ft above grade (Section 27-406). The zoning code also has use standards for personal storage warehousing that does not allow exterior overhead doors to face street frontages, requires units that have direct exterior access to be at least 100 feet from the front or side street property lines, requires a maximum "facility" size of 3 acres and the security fencing to behind any required landscaping area (Section 27-1006.C).
Personal storage warehousing is an expanding business in the community. This is not a high value investment in property, but does provide a necessity for people who may be moving, downsizing, or just need extra space not available at their residence. There are over 10,000 personal storage units within the greater metropolitan area of Billings, including outdoor storage (boats, RVS, campers), personal storage units and climate-controlled units. The regional market for Billings is much larger than other cities with a similar population. Billings supports a retail and service market much larger than is needed by the residents of the city due to this market's reach (~400 radius miles). Self-storage unit properties may experience some crime and vandalism that is not applicable to other businesses. Many secure storage facilities invest in screening customers, surveillance cameras, good exterior lighting, security fencing and security companies to provide response to any alarm systems. Daily traffic to and from these facilities tend to be low - about 8 trips per day per acre of storage. For a 3-acre storage facility, it is about 24 traffic trips per day. Twenty-four trips per day is what three apartments would generate on average.
Planning staff is recommending approval based on the proposed findings of the zone change review criteria. The location is on an arterial street and will be separated by at least a street from any existing or future residential development in Skyview Ridge. The challenging conditions of the site make the proposed zoning and use of the property compatible with the existing area. The townhomes, high school, church and assisted living facility on the north side of W Wicks Lane are separated from the proposed use. The existing traffic on W Wicks Lane at this location is not high volume (about 5,500 trips per day) for an arterial. The multi-use path on the Wicks Lane frontage is already installed.
The proposed zoning of CMU2 matches the current zoning of lots to the east and north. Lots in Skyview Ridge, 1st Filings at the intersection of W Wicks Lane and Governor's Boulevard to the east are currently zoned CMU1. These lots to the east have sandstone outcroppings (See Zoning and Site Photos attachment) and share a property boundary with lots zoned NX2 to the south. The CMU2 zone district is intended for larger parcels that are separated from residential zones by a street or other demarcation that allows sufficient separation to diminish impacts on neighborhoods. The CMU2 zone appears to fit the criteria for this location. The zone district has building and siting standards that will need to be met - even for personal storage buildings. For example, the primary structure will need to be within the build-to area, cover at least 50 percent of the front lot line and have 65% of the front facade in doors and windows as measured between 2 ft and 8 ft above grade (Section 27-406). The zoning code also has use standards for personal storage warehousing that does not allow exterior overhead doors to face street frontages, requires units that have direct exterior access to be at least 100 feet from the front or side street property lines, requires a maximum "facility" size of 3 acres and the security fencing to behind any required landscaping area (Section 27-1006.C).
Personal storage warehousing is an expanding business in the community. This is not a high value investment in property, but does provide a necessity for people who may be moving, downsizing, or just need extra space not available at their residence. There are over 10,000 personal storage units within the greater metropolitan area of Billings, including outdoor storage (boats, RVS, campers), personal storage units and climate-controlled units. The regional market for Billings is much larger than other cities with a similar population. Billings supports a retail and service market much larger than is needed by the residents of the city due to this market's reach (~400 radius miles). Self-storage unit properties may experience some crime and vandalism that is not applicable to other businesses. Many secure storage facilities invest in screening customers, surveillance cameras, good exterior lighting, security fencing and security companies to provide response to any alarm systems. Daily traffic to and from these facilities tend to be low - about 8 trips per day per acre of storage. For a 3-acre storage facility, it is about 24 traffic trips per day. Twenty-four trips per day is what three apartments would generate on average.
Planning staff is recommending approval based on the proposed findings of the zone change review criteria. The location is on an arterial street and will be separated by at least a street from any existing or future residential development in Skyview Ridge. The challenging conditions of the site make the proposed zoning and use of the property compatible with the existing area. The townhomes, high school, church and assisted living facility on the north side of W Wicks Lane are separated from the proposed use. The existing traffic on W Wicks Lane at this location is not high volume (about 5,500 trips per day) for an arterial. The multi-use path on the Wicks Lane frontage is already installed.
STAKEHOLDERS
The applicant conducted a pre-application meeting on January 25, 2024, at the Lake Hills Golf Course clubhouse. No surrounding owners attended the meeting.
Planning staff prepared the mailed notice to the surrounding owners, published the legal ad, posted the property and placed a synopsis of the application on the Current Zoning Applications' web page. Planning staff received no public comments in writing or by telephone before the preparation of this report.
Planning staff prepared the mailed notice to the surrounding owners, published the legal ad, posted the property and placed a synopsis of the application on the Current Zoning Applications' web page. Planning staff received no public comments in writing or by telephone before the preparation of this report.
ALTERNATIVES
The Zoning Commission may:
- Recommend Approval of the Zone Change and adopt the findings of the 10 review criteria for Zone Change 1046; or,
- Recommend Denial of the Zone Change and adopt different findings of the 10 review criteria for Zone Change 1046; or,
- Delay action on the zone change request for up to 30 days; or,
- Allow the applicant to withdraw the application.
FISCAL EFFECTS
Approval or denial of the proposed zone change should 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?
The proposed zone change is most consistent with the following guidelines of the 2016 Growth Policy:
Prosperity (promoting equal opportunity and economic advancement)
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
- 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 property from fire and other dangers?
The new zoning (CMU2) requires minimum setbacks, open and landscaped areas and building separations, which creates security from fire and other dangers. The new zoning, as do all zoning districts, provides adequate building separations. Any new structures would comply with the building code and other development codes in Billings intended to keep places safe.
3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety are promoted by the proposed zoning. This is not unique to the CMU2 zone, but instead is promoted by all adopted zoning districts within the City of Billings. The site and structure regulations found in 27-406 for the CMU2 district promote the minimum standards to ensure public health and safety and promote general welfare. The proposed zoning of CMU2 will allow the state to lease this land to an existing business and build new storage warehousing. The new construction will comply with the zone district standards. The approval of the zone change should not have negative affects on public health, safety and welfare given the existing conditions and site requirements.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning itself will not increase the traffic at this location. Any traffic increases will be minor compared to the existing traffic on W Wicks Lane. City Engineering will require advance discussion on access to the parcels before any development is approved. Wicks Lane already has a multi-use path developed on this side of the right of way and public sidewalk on the north side.
Water and Sewer: Water and sewer, if needed, will be provided by the City of Billings. There are no anticipated impacts related to these services on the proposed personal storage warehousing.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. These uses are impacted through additional residential development. This is a commercial development, therefore there are no identified concerns for parks and schools.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments were consulted and had no concerns about the zone change.
5. Will the new zoning provide adequate light and air?
Similar to criteria 2 and 3, the proposed CMU2 zone, like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. Any new construction will have to comply with these rules.
6. Will the new zoning effect motorized and non-motorized transportation?
Traffic generation will depend on the size of the facility (maximum is three acres per facility). The likely number of daily trips to the facility is small and W Wicks Lane is a principal arterial. Principal arterial streets, even with high volumes of traffic, are designed to carry the maximum traffic. Traffic counts in this area are estimated to be about 5,500 vehicle trips per day. High school traffic is not included in these numbers as counts are taken when school is not in session. High school traffic has at least two ways out onto W Wicks Lane - High Sierra Blvd and Fantan St. Traffic twice a day during school hours can become congested. Fantan and W Wicks Lane is an all-way (3 legs) stop. High Sierra and W Wicks Lane is also a three-way stop controlled intersection. The addition traffic will not likely impact either daily traffic or high school traffic.
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. Existing CMU2/CMU1 zones are located to the east. The subject property will be separate from residential uses by at least a street width. Additionally, site and landscape requirements of the CMU2 district will promote compatibility specifically by requiring a landscaped buffer for the use and adjacent to other zones with different uses.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
This is a suitable use for this parcel of land and the zoning is appropriate in this situation. The difficult soils make the existing zoning for higher density multifamily uses unlikely or cost-prohibitive. The proposed zoning and use for personal storage warehousing will allow some use of the property.
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. Due to the existing uses and established zones to the east, west and north, the proposed use should not impact the value of these buildings. New construction tends to increase property value. The CMU2 building and siting requirements will help conserve the value of any surrounding property.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will encourage an appropriate commercial use that will be separated from any existing or future residential uses. This is an appropriate use of the land.
Attachments
- ZC 1046 Zoning Map and Site Photos
- ZC 1046 Chart of Zoning History
- ZC 1046 Pre app information
- ZC 1046 Application and Letter