b.
County Zoning Commission
- Meeting Date:
- 01/11/2016
- SUBJECT
- Zone Change #670 – 3329 Driftwood Lane – Former Lockwood Fire Station
- THROUGH:
- Candi Millar
- PRESENTED BY:
- David Green
Information
REQUEST
Item # 2 - County Zone Change #670 – 3329 Driftwood Lane – Former Lockwood Fire Station – A zone change request from Residential 9,600 (R-96) to Community Commercial (CC) on Lot 7, Block 1 of McIntosh Subdivision, a 24,132 square foot parcel of land generally located at 3329 Driftwood Lane. A pre-application neighborhood meeting was held on November 30, 2015 at the new Lockwood Fire Station at 501 Johnson Lane. Tax ID: C08725. Presented by Dave Green, Planner II.
RECOMMENDATION
The Planning staff is forwarding a recommendation of Approval based on the 11 criteria for zone changes.
APPLICATION DATA
| OWNER: Lockwood Fire District #8 | |
| AGENT: Chuck Platt | |
| LEGAL DESCRIPTION: Lot 7, Block 1, McIntosh Subdivision | |
| ADDRESS: 3329 Driftwood Lane | |
| CURRENT ZONING: Residential 9600 (R-96) | |
| EXISTING LAND USE: Former Lockwood Fire Station | |
| PROPOSED USE: Commercial | |
| SIZE OF PARCEL: 24,132 square feet |
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
Subject Property
None
Surrounding Properties – There have been 6 similar zone change requests in this area of Yellowstone County. One of these applications was denied and 5 were approved. Three of the zone changes were from one residential zoning to another. The other 3 were from residential zoning to commercial zoning. The one that was denied was from residential to commercial.
There was also one variance request in the area that was granted for setbacks and lot coverage.
None
Surrounding Properties – There have been 6 similar zone change requests in this area of Yellowstone County. One of these applications was denied and 5 were approved. Three of the zone changes were from one residential zoning to another. The other 3 were from residential zoning to commercial zoning. The one that was denied was from residential to commercial.
There was also one variance request in the area that was granted for setbacks and lot coverage.
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: R-96/Residential Manufactured Home (RMH)/Ag-Open Land Use: Residential / Commercial |
| SOUTH: | Zoning: R-96 Land Use: Single Family Homes |
| EAST: | Zoning: R-96 Land Use: Single Family Homes |
| WEST: | Zoning: Residential 6000 (R-60) Land Use: Multifamily and a Church |
BACKGROUND
The subject property is addressed off of Driftwood Lane but the lot actually has three street frontages on Driftwood Lane, McIntosh Drive and Old Hardin Road. The surrounding properties are zoned residential and farther to the west property has Entryway zoning. Just north and west of this property is a parcel zoned Ag-Open Space and it currently has a business operating on it. The multifamily buildings to the west of the subject property are on very large lots. At the time they were constructed, they would have had to utilize septic systems which required a large lot for multifamily buildings. With the new sewer system in Lockwood, these lots could possibly develop further with more multifamily buildings. As stated in the letter from the applicant, the fire department built in this location in 1980 and just recently relocated to its new location on Johnson Lane.
In The Lockwood Community Plan adopted in August of 2006, this area of Lockwood is identified as a mixed use area based on current uses that include multifamily housing, a church and the fire station. At the time of the development of the Community Plan in 2006, the construction of a new fire station in a more central part of Lockwood had not been contemplated in detail. In the draft Lockwood Proposed Land Use Map being prepared as part of the 2016 Growth Policy, the subject property is outside commercial areas to the west and north and is in a high-density residential area.
This lot is currently zoned Residential 9600 (R-96) and has a fire station built on the site. R-96 zoning only allows for a single family residence on it. There is enough square footage on this lot to build two single family residences. This would require the demolition of the existing building and construction of the two single family homes. One would have three frontages on it which makes meeting setback requirements and clear vision zones very difficult. Unless the lot was resubdivided, the two residences that could be developed would have to be done as a condominium development. Use of the lot as zoned would result in two residential units on 24,000 square feet of property with frontage on a minor arterial.
Many newer neighborhoods are beginning to propose neighborhood convenience stores close to residential housing that allows people to walk to them instead of driving for simple convenience purchases. This corner would be a good location for such a development at the entrance of a large tract of residential housing.
A neighborhood meeting was conducted by the applicant on Monday, November 30, 2015, at 501 Johnson Lane, which is the location of the new fire station in Lockwood. Two property owners attended the meeting. The meeting notes indicate questions from the attending property owners and that they were answered by the agent and applicant. The minutes of the meeting are included as Attachment B. The Planning Division has not received any comments from surrounding property owners at this time.
Planning staff has reviewed this application and is forwarding a recommendation of approval for the proposed zone change based on the 11 criteria for zone changes. The property is on a parcel of land that is best suited for commercial uses and not residential uses. It is in line with the existing growth in this area and could be a positive addition. The proposed zoning would bring predictable land use with it so the surrounding neighbors will know there are limits to what type of commercial development can be place on the site.
RECOMMENDATION
Approval of Zone Change #670 and adoption of the 11 criteria for this zone change.
PROPOSED ZONING COMMISSION DETERMINATIONS
The Yellowstone County Zoning Commission, prior to any recommendation, shall consider the following:
1. Is the new zoning designed in accordance with the Yellowstone County and City of Billings 2008 Growth Policy?
The proposed zoning does comply with the following goals of the Yellowstone County and City of Billings 2008 Growth Policy and area plans:
2. Is the new zoning designed to secure from fire and other danger? The subject property is currently served by the Lockwood Fire Department. The nearest fire station is located at 501 Johnson Lane, approximately 1.1 miles west and south of the subject property. Zoning and Commercial State Building codes will also provide some safeguards from fire and other dangers.
3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements? Transportation: The new zoning may increase traffic on Driftwood Lane and McIntosh Drive just off Old Hardin Road. The proposed use, commercial development, may require County Public Works to re-evaluate the access points to ensure safe ingress and egress, and to limit traffic access into the residential neighborhood to the south of the subject property.
Water and Sewerage: The property would be served by the Lockwood Water and Sewer District. There is currently water in the area and the letter from the applicant states that sewer lines are scheduled to be installed in 2016. This would provide more options for redevelopment of the property.
Schools and Parks: The proposed zoning would not have a negative impact on schools because it is commercial zoning and is only one lot.
Fire and Police: The subject property is serviced by the Lockwood Fire Department and the Yellowstone County Sheriff’s Department.
4. Will the new zoning promote health and general welfare?The new zoning could allow development of the property into a local service for the neighborhood that could make the area a more walkable neighborhood. There is currently a business across the street and a little east, and a new Bretz RV location is being built to the north and west of this property. This could promote the health and general welfare of the area by developing into a commercial site. Community Commercial uses may be more intense than neighborhood service uses. Community Commercial uses may include convenience store with fuel services, restaurants, auto sales, and building contractors.
5. Will the new zoning provide adequate light and air?
The proposed zoning would require minimum setbacks, maximum building heights and maximum lot coverage. These requirements should allow adequate light and air to reach the subject property and adjacent properties.
6. Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning itself would not generate more traffic on adjacent streets. However, commercial development on the lot would increase traffic to the specific lot. Traffic along Old Hardin Road would most likely not be impacted by commercial development on this lot but it may impact Driftwood Lane. There are no pedestrian facilities in the area but there are future plans to provide walking paths and sidewalks along Old Hardin Road. The commercial development may also participate in the installation of sidewalks in the area.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with adjacent residential development in that it has been used as a commercial site since 1980 when the fire department was constructed. Continued commercial use may intensify traffic to the site.
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 has low density residential development to the south, higher density development to the north and west and some ag zoned land to the north east with commercial uses on it. The property is suitable for CC uses to provide local services to the existing surrounding residential uses. The character of the area may change with a more intense commercial use on the subject property than the current fire station.
9. Will the new zoning conserve the value of buildings?
The new zoning will allow commercial development of a more intense nature than the current use of a fire department building but it would continue as a commercial use. A neighborhood commercial convenience may increase values if it is seen as an asset and as a walkable neighborhood use. The new commercial use may result in market values for adjacent residential properties to remain stable or possibly increasing with new interest in living in the area.
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the proposed commercial development and is not the most desirable lot configuration for residential use. This is the most appropriate use of this parcel of land in the Lockwood area along a minor arterial road.
11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The proposed zoning will not have a negative effect on Billings because of its distance from the Billings city limits.
In The Lockwood Community Plan adopted in August of 2006, this area of Lockwood is identified as a mixed use area based on current uses that include multifamily housing, a church and the fire station. At the time of the development of the Community Plan in 2006, the construction of a new fire station in a more central part of Lockwood had not been contemplated in detail. In the draft Lockwood Proposed Land Use Map being prepared as part of the 2016 Growth Policy, the subject property is outside commercial areas to the west and north and is in a high-density residential area.
This lot is currently zoned Residential 9600 (R-96) and has a fire station built on the site. R-96 zoning only allows for a single family residence on it. There is enough square footage on this lot to build two single family residences. This would require the demolition of the existing building and construction of the two single family homes. One would have three frontages on it which makes meeting setback requirements and clear vision zones very difficult. Unless the lot was resubdivided, the two residences that could be developed would have to be done as a condominium development. Use of the lot as zoned would result in two residential units on 24,000 square feet of property with frontage on a minor arterial.
Many newer neighborhoods are beginning to propose neighborhood convenience stores close to residential housing that allows people to walk to them instead of driving for simple convenience purchases. This corner would be a good location for such a development at the entrance of a large tract of residential housing.
A neighborhood meeting was conducted by the applicant on Monday, November 30, 2015, at 501 Johnson Lane, which is the location of the new fire station in Lockwood. Two property owners attended the meeting. The meeting notes indicate questions from the attending property owners and that they were answered by the agent and applicant. The minutes of the meeting are included as Attachment B. The Planning Division has not received any comments from surrounding property owners at this time.
Planning staff has reviewed this application and is forwarding a recommendation of approval for the proposed zone change based on the 11 criteria for zone changes. The property is on a parcel of land that is best suited for commercial uses and not residential uses. It is in line with the existing growth in this area and could be a positive addition. The proposed zoning would bring predictable land use with it so the surrounding neighbors will know there are limits to what type of commercial development can be place on the site.
RECOMMENDATION
Approval of Zone Change #670 and adoption of the 11 criteria for this zone change.
PROPOSED ZONING COMMISSION DETERMINATIONS
The Yellowstone County Zoning Commission, prior to any recommendation, shall consider the following:
1. Is the new zoning designed in accordance with the Yellowstone County and City of Billings 2008 Growth Policy?
The proposed zoning does comply with the following goals of the Yellowstone County and City of Billings 2008 Growth Policy and area plans:
- Goal: Contiguous development focused in and around existing population centers separated by open space.
- Goal: Predictable land use decision that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.
- Goal: More housing and business choices within each neighborhood.
2. Is the new zoning designed to secure from fire and other danger? The subject property is currently served by the Lockwood Fire Department. The nearest fire station is located at 501 Johnson Lane, approximately 1.1 miles west and south of the subject property. Zoning and Commercial State Building codes will also provide some safeguards from fire and other dangers.
3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements? Transportation: The new zoning may increase traffic on Driftwood Lane and McIntosh Drive just off Old Hardin Road. The proposed use, commercial development, may require County Public Works to re-evaluate the access points to ensure safe ingress and egress, and to limit traffic access into the residential neighborhood to the south of the subject property.
Water and Sewerage: The property would be served by the Lockwood Water and Sewer District. There is currently water in the area and the letter from the applicant states that sewer lines are scheduled to be installed in 2016. This would provide more options for redevelopment of the property.
Schools and Parks: The proposed zoning would not have a negative impact on schools because it is commercial zoning and is only one lot.
Fire and Police: The subject property is serviced by the Lockwood Fire Department and the Yellowstone County Sheriff’s Department.
4. Will the new zoning promote health and general welfare?The new zoning could allow development of the property into a local service for the neighborhood that could make the area a more walkable neighborhood. There is currently a business across the street and a little east, and a new Bretz RV location is being built to the north and west of this property. This could promote the health and general welfare of the area by developing into a commercial site. Community Commercial uses may be more intense than neighborhood service uses. Community Commercial uses may include convenience store with fuel services, restaurants, auto sales, and building contractors.
5. Will the new zoning provide adequate light and air?
The proposed zoning would require minimum setbacks, maximum building heights and maximum lot coverage. These requirements should allow adequate light and air to reach the subject property and adjacent properties.
6. Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning itself would not generate more traffic on adjacent streets. However, commercial development on the lot would increase traffic to the specific lot. Traffic along Old Hardin Road would most likely not be impacted by commercial development on this lot but it may impact Driftwood Lane. There are no pedestrian facilities in the area but there are future plans to provide walking paths and sidewalks along Old Hardin Road. The commercial development may also participate in the installation of sidewalks in the area.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with adjacent residential development in that it has been used as a commercial site since 1980 when the fire department was constructed. Continued commercial use may intensify traffic to the site.
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 has low density residential development to the south, higher density development to the north and west and some ag zoned land to the north east with commercial uses on it. The property is suitable for CC uses to provide local services to the existing surrounding residential uses. The character of the area may change with a more intense commercial use on the subject property than the current fire station.
9. Will the new zoning conserve the value of buildings?
The new zoning will allow commercial development of a more intense nature than the current use of a fire department building but it would continue as a commercial use. A neighborhood commercial convenience may increase values if it is seen as an asset and as a walkable neighborhood use. The new commercial use may result in market values for adjacent residential properties to remain stable or possibly increasing with new interest in living in the area.
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the proposed commercial development and is not the most desirable lot configuration for residential use. This is the most appropriate use of this parcel of land in the Lockwood area along a minor arterial road.
11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The proposed zoning will not have a negative effect on Billings because of its distance from the Billings city limits.
RECOMMENDATION
Staff recommends Approval