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| Zoning Commission | |
| Date: | 06/03/2025 |
| Title: | City Zone Change 1066-828 (aka 844) Grand Ave – NX2 to CMU1 |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending approval based on the findings of the 10 criteria for Zone Change 1066.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This application is a request to rezone Lot 5A of the Pierce Subdivision Amended—a 12,616 square foot parcel—from Mixed Residential 2 (NX2) to Corridor Mixed Use 1 (CMU1). The proposed CMU1 zoning is consistent with the existing zoning of adjacent properties to the north and west. The current NX2 zoning restricts development to residential uses only and does not permit commercial activity. The applicant is seeking the zone change in order to allow for an appropriate commercial use on this corner lot, located at the intersection of 9th Street West and Grand Avenue, a designated arterial street.
The definition of Corridor Mixed Use 1 (CMU1) better fits the location of the subject parcel: "The CMU1 district is intended to accommodate commercial and other uses along transportation corridors to promote development that is comfortably accessible via all modes of transportation, including motor vehicles, bicycles, and pedestrians. Commercial uses in the CMU1 district may be somewhat larger in scale and more flexible than the neighborhood mixed-use district, including more auto-oriented uses such as gas stations. While ground stories along streets are intended for commercial uses, any story could accommodate residential and/or office uses."
Planning staff is recommending approval based on the proposed findings of the zone change review criteria. The location is on an arterial street and the surrounding development includes a mix of commercial and residential uses. There is a multifamily apartment to the south, a coffee shop with drive-through to the west, a bar with casino on the northwest corner of Grand and 9th Street West, and a drive-through fast food restaurant to the north across Grand Ave. The existing traffic on Grand Avenue at Virginia Lane is about 21,950 trips per day.
The definition of Corridor Mixed Use 1 (CMU1) better fits the location of the subject parcel: "The CMU1 district is intended to accommodate commercial and other uses along transportation corridors to promote development that is comfortably accessible via all modes of transportation, including motor vehicles, bicycles, and pedestrians. Commercial uses in the CMU1 district may be somewhat larger in scale and more flexible than the neighborhood mixed-use district, including more auto-oriented uses such as gas stations. While ground stories along streets are intended for commercial uses, any story could accommodate residential and/or office uses."
Planning staff is recommending approval based on the proposed findings of the zone change review criteria. The location is on an arterial street and the surrounding development includes a mix of commercial and residential uses. There is a multifamily apartment to the south, a coffee shop with drive-through to the west, a bar with casino on the northwest corner of Grand and 9th Street West, and a drive-through fast food restaurant to the north across Grand Ave. The existing traffic on Grand Avenue at Virginia Lane is about 21,950 trips per day.
STAKEHOLDERS
The applicant conducted a pre-application meeting on April 22, 2025, at the subject property. No surrounding owners attended the meeting.
Planning staff prepared and mailed a 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 and mailed a 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:
Strong Neighborhoods;
Strong Neighborhoods;
- Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill and social interaction.
- Neighborhoods that are safe and attractive and provide essential services are much desired Implementation of the Infill Policy is important to encourage development of underutilized properties.
Prosperity and Essential Investments;
- Infill development and development near existing City infrastructure may be the most cost effective
- A diversity of available jobs can ensure a strong Billings' economy
- Retaining and supporting existing businesses helps sustain a healthy economy
The Growth Policy encourages mixed-use development, infill, and the efficient use of existing infrastructure, particularly along major corridors like Grand Avenue.
2. Is the new zoning designed to secure property from fire and other dangers?
The new zoning (CMU1) 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 CMU1 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 CMU1 district promote the minimum standards to ensure public health and safety and promote general welfare. The approval of the zone change should not have negative affects on public health, safety and welfare given the existing conditions, site requirements and existing development.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning itself will not increase the traffic at this location. Any traffic increases will be determined when the site is developed. City Engineering will require advance discussion on access to the parcels before any development is approved.
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 any proposed future use.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. These uses are impacted by additional residential development. This is a proposed 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 CMU1 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. Therefore, any new structure will be required to meet the standards required by Section 27-400-3.
6. Will the new zoning affect motorized and non-motorized transportation?
Traffic generation will vary depending on the size and specific type of facility developed on the site. Based on the proposed zoning and permitted land uses, a traffic impact analysis may be required for any future development. The City Engineering Division may also require mitigation measures to ensure that surrounding street intersections continue to operate at acceptable levels of service.
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 CMU1 zones are located to the north and west. The subject property is adjacent to residential uses to the east and south. Additionally, site and landscape requirements of the CMU1 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?
The proposed zoning and its permitted uses are appropriate for this location. Any future development will be required to comply with applicable site development standards, ensuring the property's continued suitability. The existing garage structure, currently used by the adjacent apartment complex to the south, is expected to be removed before redevelopment occurs. Once removed, the parcel would be an ideal candidate for infill development.
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 CMU1 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 with an approved landscape buffer area.
The new zoning (CMU1) 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 CMU1 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 CMU1 district promote the minimum standards to ensure public health and safety and promote general welfare. The approval of the zone change should not have negative affects on public health, safety and welfare given the existing conditions, site requirements and existing development.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning itself will not increase the traffic at this location. Any traffic increases will be determined when the site is developed. City Engineering will require advance discussion on access to the parcels before any development is approved.
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 any proposed future use.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. These uses are impacted by additional residential development. This is a proposed 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 CMU1 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. Therefore, any new structure will be required to meet the standards required by Section 27-400-3.
6. Will the new zoning affect motorized and non-motorized transportation?
Traffic generation will vary depending on the size and specific type of facility developed on the site. Based on the proposed zoning and permitted land uses, a traffic impact analysis may be required for any future development. The City Engineering Division may also require mitigation measures to ensure that surrounding street intersections continue to operate at acceptable levels of service.
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 CMU1 zones are located to the north and west. The subject property is adjacent to residential uses to the east and south. Additionally, site and landscape requirements of the CMU1 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?
The proposed zoning and its permitted uses are appropriate for this location. Any future development will be required to comply with applicable site development standards, ensuring the property's continued suitability. The existing garage structure, currently used by the adjacent apartment complex to the south, is expected to be removed before redevelopment occurs. Once removed, the parcel would be an ideal candidate for infill development.
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 CMU1 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 with an approved landscape buffer area.
Attachments
- Zoning Map & Site Photos
- Application & Applicant Letter
- Neighborhood Meeting Info.
- Site Plan
- History