a.
County Zoning Commission
- Meeting Date:
- 08/12/2024
- SUBJECT
- County Zone Change 725- 406 Johnson Lane.
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
County Zone Change 725 – 406 Johnson Lane – Rural Residential 3 (RR3) to General Commercial (C3) - A zone change request from Rural Residential 3 (RR3) to General Commercial (C3), on the eastern 500 feet of S1/2S1/2SENW1/4 (10 acres total) of Section 30, Township 1 North, Range 27 East. A pre-application neighborhood meeting was held on June 25, 2024, at the Lockwood Fire Station. Tax ID: D06595
RECOMMENDATION
Planning staff is recommending approval of the requested zone change and adoption of the findings of the 11 criteria.
APPLICATION DATA
| OWNER: Christos & Tammi Vlahos | |
| AGENT: Jeff Wolschlager, A-Line Drafting | |
| LEGAL DESCRIPTION: S1/2S1/2SENW1/4 (approximate 10 acres total) of Section 30, Township 1 North, Range 27 East | |
| ADDRESS: 406 Johnson Lane | |
| CURRENT ZONING: RR3 | |
| EXISTING LAND USE: Residential and Commercial | |
| PROPOSED USE: Same | |
| SIZE OF PARCEL: Approximately 10 acres, rezoned area is the property's eastern 500 feet adjacent to Johnson Lane. |
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
See Attachments
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: RMH & N4 Land Use: Emerald View Mobile Home Park & Single Family Residential |
| SOUTH: | Zoning: RR3 & N4 Land Use: Single Family Residential with Ag & Single Family Residential |
| EAST: | Zoning: AG Land Use: AG |
| WEST: | Zoning: RR3 Land Use: Single Family Residential with Ag |
BACKGROUND
This is a zone change request to change the zoning designation of Rural Residential 3 (RR3) to General Commercial (C3) for the eastern 500 feet of a 10 acre not surveyed property located at 406 Johnson Lane.
The 2016 Lockwood Growth Policy indicates this area of Johnson Lane to have the proposed future land use of "Town Center-Multi-use Zone." Town Center- Multi-Use is defined as a main street style center surrounded by a range of housing options that support and sustain, both fiscally and socially, the community investments in schools, public water and sewer, transportation, recreation, and public safety while providing economic opportunities. The proposed C3, General Commercial, adjacent to Johnson Lane supports a range of land uses such as, construction of lodging facilities, retail stores, business and personal services, offices, medical facilities, and other commercial uses. These allowable uses are comparable to the Town Center - Multi Use type outlined in the growth policy. The continuation of existing RR3 allows for the range of housing styles outlined and is compatible with adjacent agricultural and rural residential uses in the areas.
This zone change request seeks to rezone a parcel previously used by North Coast Cure, which received approval in 2022 from the Yellowstone County Attorney’s office to operate as a marijuana business at 406 Johnson Lane. On October 24, 2023, the Yellowstone County Board of County Commissioners passed Resolution No. 23-116. This resolution allows marijuana providers who received compliance letters from the Yellowstone County Attorney’s Office in 2022, despite not complying with interim and permanent zoning regulations, to continue operating at their locations until October 3, 2024. After this deadline, businesses must conform to zoning regulations. This one-year "sunset" period applies to six locations within the 4.5-mile Yellowstone County zoning jurisdiction, including 406 Johnson Lane. Currently, North Coast Cure has opted not to continue operating a marijuana business at this location. The plan is to develop the eastern 500 feet adjacent to Johnson Lane of the approximate 10 acre parcel for commercial business.
Traffic on Johnson Lane and Old Hardin Road is monitored by the Planning Division's Transportation Planning staff. The latest data shows approximately 3,500 vehicle trips per day on Johnson Lane, south of Old Hardin Road, based on a three-year rolling average. Old Hardin Road experiences significantly higher daily traffic. The completion of the new bridge at the north end of Johnson Lane over the Yellowstone River and the future connection to Highway 312 and Main Street are expected to increase traffic around the Johnson Lane interchange. A complete reconstruction of the interchange, proposed as a $45 million federal, state, and local project, is scheduled for 2028 as part of the Long Range Transportation Plan for the metropolitan planning area of Yellowstone County. This section of Lockwood is anticipated to see increased traffic and demand for urban-level services over the next 10 years.
Planning staff has reviewed the application, the zoning history of the surrounding area, the Lockwood Growth Policy and transportation improvements planned for this area and is recommending approval of the zone change.
The 2016 Lockwood Growth Policy indicates this area of Johnson Lane to have the proposed future land use of "Town Center-Multi-use Zone." Town Center- Multi-Use is defined as a main street style center surrounded by a range of housing options that support and sustain, both fiscally and socially, the community investments in schools, public water and sewer, transportation, recreation, and public safety while providing economic opportunities. The proposed C3, General Commercial, adjacent to Johnson Lane supports a range of land uses such as, construction of lodging facilities, retail stores, business and personal services, offices, medical facilities, and other commercial uses. These allowable uses are comparable to the Town Center - Multi Use type outlined in the growth policy. The continuation of existing RR3 allows for the range of housing styles outlined and is compatible with adjacent agricultural and rural residential uses in the areas.
This zone change request seeks to rezone a parcel previously used by North Coast Cure, which received approval in 2022 from the Yellowstone County Attorney’s office to operate as a marijuana business at 406 Johnson Lane. On October 24, 2023, the Yellowstone County Board of County Commissioners passed Resolution No. 23-116. This resolution allows marijuana providers who received compliance letters from the Yellowstone County Attorney’s Office in 2022, despite not complying with interim and permanent zoning regulations, to continue operating at their locations until October 3, 2024. After this deadline, businesses must conform to zoning regulations. This one-year "sunset" period applies to six locations within the 4.5-mile Yellowstone County zoning jurisdiction, including 406 Johnson Lane. Currently, North Coast Cure has opted not to continue operating a marijuana business at this location. The plan is to develop the eastern 500 feet adjacent to Johnson Lane of the approximate 10 acre parcel for commercial business.
Traffic on Johnson Lane and Old Hardin Road is monitored by the Planning Division's Transportation Planning staff. The latest data shows approximately 3,500 vehicle trips per day on Johnson Lane, south of Old Hardin Road, based on a three-year rolling average. Old Hardin Road experiences significantly higher daily traffic. The completion of the new bridge at the north end of Johnson Lane over the Yellowstone River and the future connection to Highway 312 and Main Street are expected to increase traffic around the Johnson Lane interchange. A complete reconstruction of the interchange, proposed as a $45 million federal, state, and local project, is scheduled for 2028 as part of the Long Range Transportation Plan for the metropolitan planning area of Yellowstone County. This section of Lockwood is anticipated to see increased traffic and demand for urban-level services over the next 10 years.
Planning staff has reviewed the application, the zoning history of the surrounding area, the Lockwood Growth Policy and transportation improvements planned for this area and is recommending approval of the zone change.
SUMMARY
PROPOSED DETERMINATIONS
Prior to making a recommendation to the Board of County Commissioners, the Zoning Commission shall consider the findings of the 11 review criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning aligns with the following goals of the Lockwood Growth Policy and area plans:
Prior to making a recommendation to the Board of County Commissioners, the Zoning Commission shall consider the findings of the 11 review criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning aligns with the following goals of the Lockwood Growth Policy and area plans:
- Provide ongoing assessment of land use and zoning to guide future development.
- Consider commercial retail and services appropriate in areas along principal and minor arterials, as well as areas designated for commercial land uses.
This zone change supports a plan that is consistent with the Preferred Land Use Map in the Lockwood Growth Policy. The proposed rezoning of the eastern 500 feet adjacent to Johnson Lane to C3, General Commercial, supports the Lockwood Growth Policy designation of Town Center-Multi Use. The C3 zone is designed to accommodate a variety of commercial uses, including all types of lodging, restaurants, retail stores, business and personal services, medical offices, banks, and other professional offices. Additionally, the designation of C3 complies with the goals of the growth policy to allow for commercial along principal and minor arterials. Johnson Lane is designated as a principal arterial. Development within the proposed C3 zone will be buffered from residential areas in accordance with the County's landscaping code requirements.
2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Lockwood Fire Department with mutual aid from the Billings Fire Department. The property has an existing residential approach from Johnson Lane, a principal arterial street. Any new commercial development will have access to Johnson Lane. Any new commercial development will be required coordinate with Yellowstone County Public Works regarding any required improvements to the approach associated with commercial approach standards. Any new commercial development should be designed following International Building Code and provide adequate ingress and egress to the property for emergency vehicles. The property is served by the Lockwood Water District. There is an existing fire hydrant across the street at 425 Johnson Lane. The fire department may require additional fire suppression with any new development of the property. The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies. Additionally, the proposed zoning designation of C3 regulates site and structure requirements, ensuring minimum separation distances to ensure security from fire and other dangers.
3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: Development under the new zoning may increase traffic on Johnson Lane, a principal arterial street. The level of traffic increase will be dependent on the type of new use or uses proposed. Should the property be subdivided, the need for a traffic impact study would be triggered at 300 trips per day or 50 or more peak-hour trips. Johnson Lane may need improvements to accommodate additional commercial traffic. Johnson Lane carries about 3,500 vehicle trips per day south of Old Hardin Road. Ten years ago, the same section of Johnson Lane carried 2,500 vehicle trips per day. Most of this increase occurred between 2020 and 2021.
Water and Sewerage: The property is within the Lockwood Water and Sewer District. Water and Sewer needs will be evaluated at the time of any new development. The type of development may be limited to the capacity the Lockwood Water & Sewer district can provide.
Schools and Parks: The proposed zoning of C3 for the eastern 500 feet of the property would likely have no impact for Lockwood Schools. The C3 Zone does not allow residential uses.
Fire and Police: The subject property is serviced by the Lockwood Fire District and the Yellowstone County Sheriff's Department. Fire suppression requirements will be evaluated at the time of any new development.
4. Will the new zoning promote health and general welfare?
The new zoning will allow new development in an area identified 7 years ago as part of the new Lockwood Town Center area that will include commercial and mixed uses and a variety of housing choices for existing and new Lockwood residents. The potential for new development will require to submit a zoning compliance permit application. Site design and associated impacts are required to follow International Building Code, Zoning Regulations, Lockwood Water and Sewer District requirements and DEQ Stormwater requirements. Development within the proposed C3 zone will be buffered from residential areas in accordance with the County's landscaping code requirements within the zoning code.These design requirements should promote the health and general welfare of the area.
The subject property is currently served by the Lockwood Fire Department with mutual aid from the Billings Fire Department. The property has an existing residential approach from Johnson Lane, a principal arterial street. Any new commercial development will have access to Johnson Lane. Any new commercial development will be required coordinate with Yellowstone County Public Works regarding any required improvements to the approach associated with commercial approach standards. Any new commercial development should be designed following International Building Code and provide adequate ingress and egress to the property for emergency vehicles. The property is served by the Lockwood Water District. There is an existing fire hydrant across the street at 425 Johnson Lane. The fire department may require additional fire suppression with any new development of the property. The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies. Additionally, the proposed zoning designation of C3 regulates site and structure requirements, ensuring minimum separation distances to ensure security from fire and other dangers.
3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: Development under the new zoning may increase traffic on Johnson Lane, a principal arterial street. The level of traffic increase will be dependent on the type of new use or uses proposed. Should the property be subdivided, the need for a traffic impact study would be triggered at 300 trips per day or 50 or more peak-hour trips. Johnson Lane may need improvements to accommodate additional commercial traffic. Johnson Lane carries about 3,500 vehicle trips per day south of Old Hardin Road. Ten years ago, the same section of Johnson Lane carried 2,500 vehicle trips per day. Most of this increase occurred between 2020 and 2021.
Water and Sewerage: The property is within the Lockwood Water and Sewer District. Water and Sewer needs will be evaluated at the time of any new development. The type of development may be limited to the capacity the Lockwood Water & Sewer district can provide.
Schools and Parks: The proposed zoning of C3 for the eastern 500 feet of the property would likely have no impact for Lockwood Schools. The C3 Zone does not allow residential uses.
Fire and Police: The subject property is serviced by the Lockwood Fire District and the Yellowstone County Sheriff's Department. Fire suppression requirements will be evaluated at the time of any new development.
4. Will the new zoning promote health and general welfare?
The new zoning will allow new development in an area identified 7 years ago as part of the new Lockwood Town Center area that will include commercial and mixed uses and a variety of housing choices for existing and new Lockwood residents. The potential for new development will require to submit a zoning compliance permit application. Site design and associated impacts are required to follow International Building Code, Zoning Regulations, Lockwood Water and Sewer District requirements and DEQ Stormwater requirements. Development within the proposed C3 zone will be buffered from residential areas in accordance with the County's landscaping code requirements within the zoning code.These design requirements should promote the health and general welfare of the area.
5. Will the new zoning provide adequate light and air?
The proposed zoning entails specific regulations concerning minimum setbacks, maximum building heights, and maximum lot coverage. These stipulations are designed to ensure sufficient light and air access to both the subject property and neighboring properties. Given that the property is already developed, any new construction will adhere to the mandated setbacks, lot coverage, and building heights, thereby promoting the provision of adequate light and air.
6. Will the new zoning affect motorized and non-motorized transportation?
The proposed zoning itself will not generate more traffic. Any new use on the property may generate additional traffic on Johnson Lane. The impact of the new traffic will be evaluated at the time of development. Johnson Lane is slated to have pedestrian facilities as part of the Long Range Transportation Plan for the planning area. Any new development may require contributions to the development of pedestrian facilities. Pedestrian traffic in the area is limited due to no pedestrian facilities. The Lockwood Pedestrian Safety District is working to get sidewalks in Lockwood, it would be beneficial for the development and the Lockwood community to include sidewalks along Johnson Lane. Some businesses have elected to voluntarily construct sidewalk when they develop their property, like Ace Hardware. However, the requirement for sidewalk on this property adjacent to Johnson Lane would not be triggered unless this property undergoes a future subdivision.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with nearby urban zoning and development. The proposed C3 zoning for the eastern 500 feet adjacent to Johnson Lane is compatible with the RMH zoning to the north, the RR3 zoning to the south and west, and with the N4. There will be required buffering between any development in the commercial zone and the residential zone.
8. Does the new zoning consider the character of the district and the suitability of the property for particular uses?
The subject property is in an area that is a mix of low density residential and agricultural uses on the adjacent properties. The portion of the subject property requested for rezoning has been identified in the 2016 Lockwood Growth Policy with the designation of Town Center-Multi Use. This is an area for commercial and mixed use development in addition to a range of housing options. The character of the area is primarily commercial along both sides of Johnson Lane south of Old Hardin Road. The Lockwood Growth Policy stated this area should continue to provide commercial development and in the future should become part of the "Lockwood Town Center" where mixed uses and civic buildings will be encouraged. The Lockwood Growth Policy goal outlines commercial uses adjacent to arterial roads. Johnson Lane is a principal arterial road. The proposed zoning and uses are suitable for the potential uses.
9. Will the new zoning conserve the value of buildings?
The new zoning will allow new development. The existing single family residence will become a nonconforming use. New development generally improves property values in the area. This should encourage the increased value of surrounding property. The new zoning will not directly impact existing structures on neighboring properties. Both the surrounding zoning and development are comparable to those of the subject property, and there is no indication that it could affect the value of surrounding buildings.
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The eastern 500 feet of the property is suitable for the uses allowed in the C3 zoning district. These are appropriate uses of land in this area of the County and will encourage future investment in this property. The Lockwood Growth Policy calls for commercial adjacent to arterial streets and the proposed rezoning follows this goal. This is an appropriate use of land in this area of the County and has similar development to what is already developed in the surrounding area in the County.
11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The proposed zoning is not close to the city limits of Billings and is compatible with the typical urban development in this area of Lockwood.
RECOMMENDATION
Staff recommends the Zoning Commission recommend approval of the zone change and adoption of the findings of the 11 review criteria for Zone Change 725 to the Board of County Commissoners.