Consent 1.K.
Regular City Council Meeting
- Meeting Date:
- 01/22/2018
- TITLE
- Zone Change 961 - Rimrock Road & 62nd St. West - 2nd Reading
- PRESENTED BY:
- Monica Plecker
- Department:
- Planning & Community Services
Presentation:
No
PROBLEM/ISSUE STATEMENT
This is a zone change request from Residential Professional (RP) to Community Commercial (CC) on a 1.42-acre portion of C/S 2465, Parcel 6A, a 39.38-acre parcel of land. The property is generally located north of Rimrock Road and West of 62nd Street West. A pre-application neighborhood meeting was held on October 25, 2017 at the Yellowstone Country Club, 3200 Paul Allen Way. The City Council conducted a hearing on January 8, 2018, and recommended of approval and adoption of the findings of the 10 criteria.
Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another types of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district.
Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another types of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district.
ALTERNATIVES ANALYZED
City Council may:
Owner: Magnus Land Development, LLC.
Agent: Performance Engineering
The Planning staff reviewed the requested zoning and recommended approval based on the proposed findings of the 10 criteria. The Zoning Commission concurred with the recommendation and the findings. The proposed zoning meets many of the 2016 Billings Growth Policy guidelines.
Prior to making a decision on the requested zone change, the City Council shall consider the following findings and criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
Essential Investments, Strong Neighborhoods and Community Fabric: Neighborhoods that are safe and attractive and provide essential services are much desired.
The proposed zoning would allow neighborhood services in this mixed use area at an intersection where commercial nodes are encouraged.
2. Is the new zoning designed to be 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. The proposed zoning allows a wide variety of commercial uses. A commercial node will provide opportunity for neighborhood services to develop that are not currently in place.
4. Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: Less than 1.5 acres of additional property is proposed to be zoned CC. There will likely be some increase in traffic. The area is served by two principle arterials, Rimrock Road and 62nd Street West.
Water and Sewer: The property was previously annexed into the City Limits and will be served by municipal water and sewer.
Schools and Parks: Schools should not be affected by the proposed zoning.
Fire and Police: The subject property is served by City public safety services. The Police and Fire Departments had no concerns with the zone change.
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 should have some effect on vehicle and pedestrian traffic. Since this development is in the City, critical pedestrian infrastructure like sidewalks will be required. The existing zoning could have a significant impact on the surrounding street networks given the variety of uses which are allowed in RP and CC zonings. The addition of 1.42 acres from RP to CC could have some or no effect on motorized traffic. The intended use stated in the application is multifamily and commercial office space. Multi-family housing is not allowable in RP, but is in Community Commercial. This could potentially cause an increase in number of vehicular trips per day.
7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatible urban growth in this area. The intended commercial use is not an intrusion to the area and would be an extension of an existing CC zone. Given the proximity to Rimrock and 62nd, the intersection is an ideal location to provide neighborhood services.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The subject property is surrounded by a rapidly developing area of west Billings. Multi-family zoning is located just north of the property as well as single family and two family zones. Commercial uses do not intrude on the existing character of the neighborhood as they would provide essential neighborhood services.
9. Will the new zoning conserve the value of buildings?
The property is currently undeveloped. Approval of the zone change would encourage infill development on a city parcel that is vacant and unimproved.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning may encourage the most appropriate use of this land in Billings. This specific location and use is appropriate.
- Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission;
- Deny the zone change and adopt different findings of the 10 criteria;
- Allow the applicant to withdraw the zone change; or
- Delay action on the zone change request for up to 30 days.
Owner: Magnus Land Development, LLC.
Agent: Performance Engineering
The Planning staff reviewed the requested zoning and recommended approval based on the proposed findings of the 10 criteria. The Zoning Commission concurred with the recommendation and the findings. The proposed zoning meets many of the 2016 Billings Growth Policy guidelines.
Prior to making a decision on the requested zone change, the City Council shall consider the following findings and criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
Essential Investments, Strong Neighborhoods and Community Fabric: Neighborhoods that are safe and attractive and provide essential services are much desired.
The proposed zoning would allow neighborhood services in this mixed use area at an intersection where commercial nodes are encouraged.
2. Is the new zoning designed to be 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. The proposed zoning allows a wide variety of commercial uses. A commercial node will provide opportunity for neighborhood services to develop that are not currently in place.
4. Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: Less than 1.5 acres of additional property is proposed to be zoned CC. There will likely be some increase in traffic. The area is served by two principle arterials, Rimrock Road and 62nd Street West.
Water and Sewer: The property was previously annexed into the City Limits and will be served by municipal water and sewer.
Schools and Parks: Schools should not be affected by the proposed zoning.
Fire and Police: The subject property is served by City public safety services. The Police and Fire Departments had no concerns with the zone change.
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 should have some effect on vehicle and pedestrian traffic. Since this development is in the City, critical pedestrian infrastructure like sidewalks will be required. The existing zoning could have a significant impact on the surrounding street networks given the variety of uses which are allowed in RP and CC zonings. The addition of 1.42 acres from RP to CC could have some or no effect on motorized traffic. The intended use stated in the application is multifamily and commercial office space. Multi-family housing is not allowable in RP, but is in Community Commercial. This could potentially cause an increase in number of vehicular trips per day.
7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatible urban growth in this area. The intended commercial use is not an intrusion to the area and would be an extension of an existing CC zone. Given the proximity to Rimrock and 62nd, the intersection is an ideal location to provide neighborhood services.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The subject property is surrounded by a rapidly developing area of west Billings. Multi-family zoning is located just north of the property as well as single family and two family zones. Commercial uses do not intrude on the existing character of the neighborhood as they would provide essential neighborhood services.
9. Will the new zoning conserve the value of buildings?
The property is currently undeveloped. Approval of the zone change would encourage infill development on a city parcel that is vacant and unimproved.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning may encourage the most appropriate use of this land in Billings. This specific location and use is appropriate.
FINANCIAL IMPACT
Until lots are developed, City fees for storm water, arterial construction and street maintenance will be based on the vacant rate of assessment. After development, taxes and fees will be based on the developed valuation.
RECOMMENDATION
The Zoning Commission recommends approval and adoption of the findings of the 10 criteria for Zone Change 961 on a 4 to 0 vote.