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Item 1.J.
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| City Council Regular | |
| Date: | 09/09/2024 |
| Title: | Zone Change 1053 - 529 S Billings Blvd - N2 (Mid-Century Neighborhood) to CX (Heavy Commercial) - 2nd reading |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | No |
| Legal Review: | Not Applicable |
| Project Number: | PZX-24-00154 |
RECOMMENDATION
The Zoning Commission recommended approval and adoption of the 10 review criteria for Zone Change 1053. The City Council approved the zone change on first reading on August 26, 2024. A second reading is required to approve the zone change.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request for property located at 529 S Billings Blvd legally described as Parcel 1 of Certificate of Survey 666. The property is currently zoned N2 (Mid-Century Neighborhood), and shares a property line with Hanser's vehicle wrecking yard to the north. The site was originally developed with a residential home (1925) that is in significant disrepair. Hanser Properties purchased the parcel in late 2023 and the deed was filed in January 2024. Prior to this purchase, the property was filled with junk, trash, debris and salvaged materials by the previous owner and tenants. There were 11 code enforcement cases on the property between 2008 and 2023 - eight of those in the last 5 years. Since purchasing the property, Hanser Properties has cleared the lot of all debris and trash and secured the home. The residence is currently vacant.
The intent of the zone change is to allow Hanser Properties to use the rear portion of the property for storage of equipment used for the business. This would not include wrecked vehicles. Those vehicles would still be stored in the wrecking yard to the north. A wrecking yard is not a permitted use in the CX zone district. The wrecking yard to the north is zoned Light Industrial and has previously received special review approval from the City Council (2016).
This property is intended for the storage of abandoned vehicles that are towed by Hansers' Towing. Abandoned vehicles are reported to the Police Department or other public safety agencies. These are towed off the public street if not removed in a short period of time after notice is given to the owner. The towing company is required to store the towed vehicle for at least 30 days to give the owner time to retrieve the vehicle. Afterward, if not retrieved by the owner, the vehicle can be moved to the wrecking yard for parts or sent to a facility to be crushed. In addition, Hanser Properties would like to preserve the option in the future for residential uses on the property that will include all types of housing options, from single family to multifamily dwellings. The existing driveway will not be used for the immediate planned use as secure storage for abandoned vehicles. The tow trucks will enter through the wrecking yard and bring the abandoned vehicles into the rear portion of the subject property. The owners intend to remove the existing dwelling from the front, and install new fencing around the proposed storage area. Conversion of the property to this new use will require improvements to buffer the residential areas to the east and south.
South Billings Blvd is an arterial street with a large volume of daily traffic including all types of vehicles including tractor trailers, school buses, passenger vehicles and delivery vehicles. This section north of King Ave E is a main connection between the interstate and other arterial streets that go east to downtown and west to Laurel frontage Road and King Ave W. About 10,000 vehicle trips per day use this section of S Billings Blvd that does not include school traffic (Sept to May). An adjustment factor to adjust these traffic counts is between 1.1 and 1.2. There is a multi-use path constructed on this side of the street and is heavily used by school students and neighborhood residents.
The subject property received two previous zone changes prior to the 2021 zoning code overhaul and update. In May 1974, the property was changed from single family zoning (R96) to small lot single family zoning with options for multifamily dwellings (R60) - County Zone Change 14. In 2001, this lot and surrounding property was re-zoned from R60 and R96 to R70 and RMH zoning.
The subject property was not re-developed under those previous zoning changes while the property to the south and east was developed. Rebecca Estates off Newman Avenue is located in the former R70 zone district and Rebecca Estates Manufactured Home Park is located to the south in an RMH zone district. The current zoning for this parcel and for Rebecca Estates off Newman Avenue is N2 - Mid-Century Neighborhood and the manufactured home park is still zoned RMH. Property to the north and west is zoned Light Industrial (I1) and all these parcels are owned by Hanser Properties. Hanser's Automotive started the development of the wrecking yard on the east side of S Billings Blvd in 2004 and completed the southern portion adjacent to the subject property in 2019.
The Planning staff reviewed the application and recommended approval to the Zoning Commission based on the draft proposed findings of the 10 review criteria for zone changes. The Zoning Commission concurred with the recommendation. The proposed zoning of CX is an interim and transitional zone between the existing I1 zoning and the N2 zoning to the south. The CX zone now allows the option for future development for residential use. The proposed use for storage of Hanser commercial vehicles as well as a dedicated long term storage space (30 to 60 days) of abandoned vehicles will allow the businesses to have secure off-street parking, reserving the ability for future redevelopment.
Expansion of the wrecking yard to this property would not be allowed in the CX zone. Re-development of the property will require a shielding fence and landscaping installed as per the B3 bufferyard standards in the zoning code. A B3 bufferyard is required between a CX zone used for non-residential purposes and any adjacent developed neighborhood zone. The B3 bufferyard is intended to diminish any negative impact on the adjacent homes by including trees and shrubs in addition to a sight-obscuring fence. Impacts to neighbors might include noise, dust, commercial lighting and similar activity that does not improve the quiet enjoyment of residential property. The required bufferyard should diminish these impacts to a great degree. Buildings and surrounding properties will benefit from property improvements and removal of nuisance conditions. Standards for commercial property adjacent to residential neighbors will apply to this property in addition to the landscaping requirements including shielded light fixtures if any are proposed. Single family residential uses along an arterial street tend to have a lower quality of life due to the impact of traffic volume and types of traffic that may include heavy trucks, buses and tractor trailers. Not all arterial streets have the same variety or volume of traffic, but S Billings Boulevard does have the volume and types of traffic that would tend to make single-family homes less comfortable.
OWNER: Hanser's Properties LP; Ralph Hanser
AGENT: JW Papez, P.E.
LEGAL DESCRIPTION: Parcel 1 of C/S 666
ADDRESS: 529 S Billings Blvd
CURRENT ZONING: N2
PROPOSED ZONING: CX
EXISTING LAND USE: one single family home
PROPOSED USE: Storage of equipment for Hanser's Automotive
SIZE OF PARCEL: 22,651 square feet
NORTH:
Zoning: I1
Land Use: Hanser's vehicle wrecking yard
SOUTH:
Zoning: N2
Land Use: Single family home
EAST:
Zoning: N2
Land Use: Single family homes
WEST:
Zoning: I1
Land Use: Hanser's Wrecking Service
The intent of the zone change is to allow Hanser Properties to use the rear portion of the property for storage of equipment used for the business. This would not include wrecked vehicles. Those vehicles would still be stored in the wrecking yard to the north. A wrecking yard is not a permitted use in the CX zone district. The wrecking yard to the north is zoned Light Industrial and has previously received special review approval from the City Council (2016).
This property is intended for the storage of abandoned vehicles that are towed by Hansers' Towing. Abandoned vehicles are reported to the Police Department or other public safety agencies. These are towed off the public street if not removed in a short period of time after notice is given to the owner. The towing company is required to store the towed vehicle for at least 30 days to give the owner time to retrieve the vehicle. Afterward, if not retrieved by the owner, the vehicle can be moved to the wrecking yard for parts or sent to a facility to be crushed. In addition, Hanser Properties would like to preserve the option in the future for residential uses on the property that will include all types of housing options, from single family to multifamily dwellings. The existing driveway will not be used for the immediate planned use as secure storage for abandoned vehicles. The tow trucks will enter through the wrecking yard and bring the abandoned vehicles into the rear portion of the subject property. The owners intend to remove the existing dwelling from the front, and install new fencing around the proposed storage area. Conversion of the property to this new use will require improvements to buffer the residential areas to the east and south.
South Billings Blvd is an arterial street with a large volume of daily traffic including all types of vehicles including tractor trailers, school buses, passenger vehicles and delivery vehicles. This section north of King Ave E is a main connection between the interstate and other arterial streets that go east to downtown and west to Laurel frontage Road and King Ave W. About 10,000 vehicle trips per day use this section of S Billings Blvd that does not include school traffic (Sept to May). An adjustment factor to adjust these traffic counts is between 1.1 and 1.2. There is a multi-use path constructed on this side of the street and is heavily used by school students and neighborhood residents.
The subject property received two previous zone changes prior to the 2021 zoning code overhaul and update. In May 1974, the property was changed from single family zoning (R96) to small lot single family zoning with options for multifamily dwellings (R60) - County Zone Change 14. In 2001, this lot and surrounding property was re-zoned from R60 and R96 to R70 and RMH zoning.
The subject property was not re-developed under those previous zoning changes while the property to the south and east was developed. Rebecca Estates off Newman Avenue is located in the former R70 zone district and Rebecca Estates Manufactured Home Park is located to the south in an RMH zone district. The current zoning for this parcel and for Rebecca Estates off Newman Avenue is N2 - Mid-Century Neighborhood and the manufactured home park is still zoned RMH. Property to the north and west is zoned Light Industrial (I1) and all these parcels are owned by Hanser Properties. Hanser's Automotive started the development of the wrecking yard on the east side of S Billings Blvd in 2004 and completed the southern portion adjacent to the subject property in 2019.
The Planning staff reviewed the application and recommended approval to the Zoning Commission based on the draft proposed findings of the 10 review criteria for zone changes. The Zoning Commission concurred with the recommendation. The proposed zoning of CX is an interim and transitional zone between the existing I1 zoning and the N2 zoning to the south. The CX zone now allows the option for future development for residential use. The proposed use for storage of Hanser commercial vehicles as well as a dedicated long term storage space (30 to 60 days) of abandoned vehicles will allow the businesses to have secure off-street parking, reserving the ability for future redevelopment.
Expansion of the wrecking yard to this property would not be allowed in the CX zone. Re-development of the property will require a shielding fence and landscaping installed as per the B3 bufferyard standards in the zoning code. A B3 bufferyard is required between a CX zone used for non-residential purposes and any adjacent developed neighborhood zone. The B3 bufferyard is intended to diminish any negative impact on the adjacent homes by including trees and shrubs in addition to a sight-obscuring fence. Impacts to neighbors might include noise, dust, commercial lighting and similar activity that does not improve the quiet enjoyment of residential property. The required bufferyard should diminish these impacts to a great degree. Buildings and surrounding properties will benefit from property improvements and removal of nuisance conditions. Standards for commercial property adjacent to residential neighbors will apply to this property in addition to the landscaping requirements including shielded light fixtures if any are proposed. Single family residential uses along an arterial street tend to have a lower quality of life due to the impact of traffic volume and types of traffic that may include heavy trucks, buses and tractor trailers. Not all arterial streets have the same variety or volume of traffic, but S Billings Boulevard does have the volume and types of traffic that would tend to make single-family homes less comfortable.
OWNER: Hanser's Properties LP; Ralph Hanser
AGENT: JW Papez, P.E.
LEGAL DESCRIPTION: Parcel 1 of C/S 666
ADDRESS: 529 S Billings Blvd
CURRENT ZONING: N2
PROPOSED ZONING: CX
EXISTING LAND USE: one single family home
PROPOSED USE: Storage of equipment for Hanser's Automotive
SIZE OF PARCEL: 22,651 square feet
NORTH:
Zoning: I1
Land Use: Hanser's vehicle wrecking yard
SOUTH:
Zoning: N2
Land Use: Single family home
EAST:
Zoning: N2
Land Use: Single family homes
WEST:
Zoning: I1
Land Use: Hanser's Wrecking Service
STAKEHOLDERS
The applicant conducted a pre-application meeting at 502 S Billings Blvd on June 17, 2024. The synopsis of the meeting is attached. There were no surrounding owners who attended. The planning staff have not received input from any neighboring property owners. The Planning staff posted the property, mailed the surrounding property owners and placed a legal ad in the Yellowstone County News as required by the zoning regulations. In addition, the application was posted online on the "Current Zoning Applications" web page maintained by the Planning Division.
Zoning Commission Public Hearing August 6, 2024
The Zoning Commission held a public hearing on August 6, 2024, and received the Planning staff recommendation and testimony from the applicant, Shel Hanser of Hanser Properties, and the agent, JW Papez. No other testimony was received. Chairperson Dan Brooks closed the public hearing.
Commission member David Goss made a motion to recommend approval and adoption of the findings of the 10 review criteria. The motion was seconded by Commission member Andy Megorden, and was approved on a unanimous vote (5-0).
City Council Public Hearing August 26, 2024
The City Council conducted a public hearing on August 26, 2024. The staff presented the City Zoning Commission recommendation and received testimony from the applicant and agent. No other testimony was received.
May Cole closed the public hearing. Council member Kennedy made a motion to approve the zone change and adopt the findings of the 10 review criteria. The motion was seconded by Council member Tidswell and was approved on a unanimous vote with council members Aspenlieder, Shaw, and Owen not in attendance. .
Zoning Commission Public Hearing August 6, 2024
The Zoning Commission held a public hearing on August 6, 2024, and received the Planning staff recommendation and testimony from the applicant, Shel Hanser of Hanser Properties, and the agent, JW Papez. No other testimony was received. Chairperson Dan Brooks closed the public hearing.
Commission member David Goss made a motion to recommend approval and adoption of the findings of the 10 review criteria. The motion was seconded by Commission member Andy Megorden, and was approved on a unanimous vote (5-0).
City Council Public Hearing August 26, 2024
The City Council conducted a public hearing on August 26, 2024. The staff presented the City Zoning Commission recommendation and received testimony from the applicant and agent. No other testimony was received.
May Cole closed the public hearing. Council member Kennedy made a motion to approve the zone change and adopt the findings of the 10 review criteria. The motion was seconded by Council member Tidswell and was approved on a unanimous vote with council members Aspenlieder, Shaw, and Owen not in attendance. .
ALTERNATIVES
The City Council may:
- Approve and adopt the findings of the ten review criteria for Zone Change 1053 as approved by the City Council on August 26; or,
- Deny and adopt different findings of the ten review criteria for Zone Change 1053; or,
- Delay action on the zone change request for up to 30 days at the request of the applicant or on its own motion;or
- Refer the application back to the Zoning Commission for an additional public hearing based on 1) new information submitted that the applicant and public has not had an opportunity to examine; or 2) new information has been presented that was never submitted or considered by the Zoning Commission or staff; or
- Allow the applicant to withdraw the zone change request.
FISCAL EFFECTS
The zone change will not have any effect on the Planning Division budget.
SUMMARY
Prior to making a decision on the zone change request, the City Council shall consider the Zoning Commission's recommended findings of the following criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following goals of the Growth Policy:
Community Fabric:
The South Billings Urban Renewal Master Plan envisioned this area between Newman Lane, Parkway Lane, Laurel Frontage Rd and King Ave E as the "Amend Village". This area of the Amend Village neighborhood north of Simpson Street up to Laurel Frontage Road was designated to increase business opportunities. The plan focused on re-invigorating the businesses along Laurel Frontage Rd by reintroducing street trees and better urban infrastructure. Hanser's Automotive has been a key agent of improvements on S Billings Blvd, including the installation of a "hawk" signal for a pedestrian crossing between their facilities on the west and east sides of the street, street lighting and street front landscaping.
.
The Hanser Automotive property on the west side of S Billings Blvd is constrained by adjacent property owners and uses. Additional areas for secure parking or equipment and business vehicles are limited on the west side of S Billings Blvd. The proposed zoning of CX on the subject property would allow some additional area for parking and storage of business vehicles. The existing wrecking facility directly north of the subject property would not expand on to this parcel as CX zoning does not allow this use. The existing zoning of N2 would only allow one structure with 1 or 2 units without additional street frontage. A re-development under this zone could include a private street that would expand the number of dwellings on the property from 2 dwelling units. It is not likely a new development of one or two-family dwellings would make sense at this location. The proposed zoning would allow re-development to provide a secure parking storage area for Hanser's Automotive. The CX zone and other non-residential development has to provide an effective buffer between this use and the adjacent residential neighborhood. The zoning district is compatible with the character of S Billings Blvd and there are protections in place for the adjacent residential neighborhoods. The Infill Policy encourages development of vacant and undervalued property within the city limits with emphasis on efficient use of existing city infrastructure and services. The Growth Policy supports increasing opportunities for businesses to stay in Billings and continue to provide local jobs.
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. Re-development of the vacant land in the city will promote public health and safety as well as the general welfare by improving the appearance of the area and adding value to the tax increment district. The adjacent residential neighborhood will be protected through the application of the zoning standards for any new development of the property and landscaping.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning will have little impact on the surrounding transportation system. The City Engineering Division will work closely with the owner to ensure any impacts are minimized.
Water and Sewer: The City already provides water and sewer to the property, but the existing residence is vacant. There will be no additional impact to the system at this time from the proposed zoning.
Schools and Parks: Schools and parks should be unaffected by the proposed zone change.
Fire and Police: The subject property is served by city public safety services. The Police Department had no concerns with the zone change and the Fire Department will be involved in any development plan and building permit(s).
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 new zoning will not have an immediate effect on vehicle and pedestrian traffic. The drive approach will remain in place. If the property is re-developed in the future, impacts on transportation will be evaluated at that time. Construction and demolition on the site may disrupt traffic patterns for short periods of time.
7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow commercial activity on an underutilized property as an infill project.
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. Development will include new buffer yards and landscaping to better insulate the existing neighborhood from commercial uses.
9. Will the new zoning conserve the value of buildings?
The property is currently developed with one single family dwelling. The existing home can remain and will not be de-valued by the proposed zoning. Residential use is allowed in the CX zone.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit commercial uses similar to surrounding uses to the north and west. Existing residential neighborhoods to the south and east will be protected by commercial development standards when that use is adjacent to a residential neighborhood.
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following goals of the Growth Policy:
Community Fabric:
- Attractive street-scapes provide a pleasant and calming travel experience in urban and suburban neighborhoods.
- Infill development and development near existing city infrastructure may be the most cost-effective.
- Implementation of the Infill Policy is important to encourage the development of underutilized properties.
- Successful businesses that provide local jobs benefit the community.
- Retaining and supporting existing businesses helps sustain a healthy economy.
The South Billings Urban Renewal Master Plan envisioned this area between Newman Lane, Parkway Lane, Laurel Frontage Rd and King Ave E as the "Amend Village". This area of the Amend Village neighborhood north of Simpson Street up to Laurel Frontage Road was designated to increase business opportunities. The plan focused on re-invigorating the businesses along Laurel Frontage Rd by reintroducing street trees and better urban infrastructure. Hanser's Automotive has been a key agent of improvements on S Billings Blvd, including the installation of a "hawk" signal for a pedestrian crossing between their facilities on the west and east sides of the street, street lighting and street front landscaping.
.
The Hanser Automotive property on the west side of S Billings Blvd is constrained by adjacent property owners and uses. Additional areas for secure parking or equipment and business vehicles are limited on the west side of S Billings Blvd. The proposed zoning of CX on the subject property would allow some additional area for parking and storage of business vehicles. The existing wrecking facility directly north of the subject property would not expand on to this parcel as CX zoning does not allow this use. The existing zoning of N2 would only allow one structure with 1 or 2 units without additional street frontage. A re-development under this zone could include a private street that would expand the number of dwellings on the property from 2 dwelling units. It is not likely a new development of one or two-family dwellings would make sense at this location. The proposed zoning would allow re-development to provide a secure parking storage area for Hanser's Automotive. The CX zone and other non-residential development has to provide an effective buffer between this use and the adjacent residential neighborhood. The zoning district is compatible with the character of S Billings Blvd and there are protections in place for the adjacent residential neighborhoods. The Infill Policy encourages development of vacant and undervalued property within the city limits with emphasis on efficient use of existing city infrastructure and services. The Growth Policy supports increasing opportunities for businesses to stay in Billings and continue to provide local jobs.
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. Re-development of the vacant land in the city will promote public health and safety as well as the general welfare by improving the appearance of the area and adding value to the tax increment district. The adjacent residential neighborhood will be protected through the application of the zoning standards for any new development of the property and landscaping.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning will have little impact on the surrounding transportation system. The City Engineering Division will work closely with the owner to ensure any impacts are minimized.
Water and Sewer: The City already provides water and sewer to the property, but the existing residence is vacant. There will be no additional impact to the system at this time from the proposed zoning.
Schools and Parks: Schools and parks should be unaffected by the proposed zone change.
Fire and Police: The subject property is served by city public safety services. The Police Department had no concerns with the zone change and the Fire Department will be involved in any development plan and building permit(s).
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 new zoning will not have an immediate effect on vehicle and pedestrian traffic. The drive approach will remain in place. If the property is re-developed in the future, impacts on transportation will be evaluated at that time. Construction and demolition on the site may disrupt traffic patterns for short periods of time.
7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow commercial activity on an underutilized property as an infill project.
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. Development will include new buffer yards and landscaping to better insulate the existing neighborhood from commercial uses.
9. Will the new zoning conserve the value of buildings?
The property is currently developed with one single family dwelling. The existing home can remain and will not be de-valued by the proposed zoning. Residential use is allowed in the CX zone.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit commercial uses similar to surrounding uses to the north and west. Existing residential neighborhoods to the south and east will be protected by commercial development standards when that use is adjacent to a residential neighborhood.