Regular 7.
Regular City Council Meeting
- Meeting Date:
- 03/26/2018
- TITLE
- Zone Change 963 - Public Hearing and 1st reading
- PRESENTED BY:
- Monica Plecker
- Department:
- Planning & Community Services
Presentation:
Yes
PROBLEM/ISSUE STATEMENT
This is a zone change request from Residential 9,600 (R-96) to Neighborhood Commercial (NC) on the easterly 195.83 feet of Lot 2 of the Subdivision of Section 9, Township 1 South, Range 26 East, a 24,643 square foot parcel of land. A pre-application neighborhood meeting was held on January 29, 2018, at the Southside Community Center, 901 S. 30th Street. The Zoning Commission conducted a public hearing on March 6, 2018, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 4-0 vote.
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 type 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 type 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:
- 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.
The Planning Division reviewed the application and recommended approval to the Zoning Commission based on the proposed findings of the 10 criteria. The Zoning Commission concurred with the recommendation.
The proposed zoning will allow the current business to remain at an established location and expand the business without complication of mis-matched zoning for the parcel. The 2016 Growth Policy guidelines support the proposed zoning by retaining existing businesses and allowing for necessary expansions. Any new development for off-street parking or new buildings will have to meet the compatibility regulations within the zoning code including screening, lighting restrictions and landscaping.
Prior to making a decision on the requested zone change, the City Council shall consider the following:
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: Landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors. Infill development and development near existing City infrastructure may be the most cost effective. Neighborhoods that are safe and attractive and provide essential services are much desired;
The proposed zoning requires any development to install landscaping with a preference for it to be along the street frontage. New buildings, sidewalks, landscaping and fencing would make this area of Billings more visually appealing to residents and visitors. Infill development is the most cost effective since there is already infrastructure in place. Providing basic services near residential development is much desired and convenient to the local residential community.
• Community Fabric: Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity. Attractive streetscapes provide a pleasant and calming travel experience in urban and suburban neighborhoods. Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors.
The proposed zoning will require the developer to install new sidewalks and landscaping which will be more visually appealing to residents and visitors along State Avenue. Providing green space and sidewalks for pedestrian movement in the area.
• Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.
The proposed zoning will allow the clean up a corner in Billings that has been underused and fallen into disrepair which attracts unwanted activity in the area. New development will provide needed services and be more attractive than what has been on this land for many years.
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. The proposed zoning would allow the developer to market the property to a broad range of businesses. The property has an existing single family dwelling, that could be renovated and still an allowed use, or the structure can be removed and the property can be utilized for commercial office space, or other low impact commercial uses.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will not have any effect on the existing transportation system.
Water and Sewer: The City provides water and sewer to the property. There will be no additional impacts to the system from the proposed zoning.
Schools and Parks: Schools and parks 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 will have no effect on transportation systems.
7. Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to re-develop into a neighborhood service area with needed local services that are compatible with the existing neighborhood.
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. The proposed zoning will allow the re-development of the land as a commercial use and improve the area with new building.
9. Will the new zoning conserve the value of buildings?
The building on the property is currently in disrepair. Approval of the zone change will conserve the value of the property by allowing redevelopment of the property. The value of existing surrounding buildings and the parcel will be improved by the proposed zoning.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow re-development of the land to a new commercial use. Residential development on this corner is not the most appropriate use of the land at this location. Commercial development to buffer residential from high traffic is the best use of the land.
FINANCIAL IMPACT
If the proposed zoning is approved, the applicant may proceed with development of a portion of the lot, cleaning up the parcel in an effort to make it aesthetically pleasing until it can be redeveloped. The new zoning will increase city fees paid based on the new zoning of the property. The new zoning will stabilize the future marketability of the property and will stabilize the tax base for this property.
BACKGROUND
This is an application to change Residential 9,600 (R-96) to Neighborhood Commercial (NC) on the easterly 195.83 feet of the parcel. The west portion of the property is currently zoned NC. The west portion of the property was used for a seasonal restaurant. The proposed zone change would allow for consistent zoning of NC along State Avenue between the intersections of Hallowell Lane and Van Buren Street. The applicant, Skip King, is under contract to purchase the property. Although Mr. King has no immediate plans to further develop the entire property, he has plans to expand the parking for the Ace Hardware Store on a portion of the property. The current proposal is to clean up the property to make it safer and more attractive for commercial uses in the future.
The property to the north and east is R-60 and has developed as single-family homes. The property to the south is zoned R-96 and is low density residential. The west side of the property was changed to NC in 2006 with the approval of Zone Change 790. The property to the west is currently the King's Ace Hardware and the Family Dollar store. A zone change was approved for these parcels from R-96 to NC in 1979. Uses allowed within the NC zone includes multi-family residences, small retail, business services, restaurants (without the sale of alcoholic beverages), retail sales and similar neighborhood services. Multi-tenant buildings and mixed use developments are allowed but each commercial "use" within a property in the NC zone is limited to 10,000 square feet or less in floor area.
The property to the north and east is R-60 and has developed as single-family homes. The property to the south is zoned R-96 and is low density residential. The west side of the property was changed to NC in 2006 with the approval of Zone Change 790. The property to the west is currently the King's Ace Hardware and the Family Dollar store. A zone change was approved for these parcels from R-96 to NC in 1979. Uses allowed within the NC zone includes multi-family residences, small retail, business services, restaurants (without the sale of alcoholic beverages), retail sales and similar neighborhood services. Multi-tenant buildings and mixed use developments are allowed but each commercial "use" within a property in the NC zone is limited to 10,000 square feet or less in floor area.
STAKEHOLDERS
The Zoning Commission conducted a public hearing on March 6, 2018, and received the staff recommendation and testimony from Skip King, the applicant, and Bill Morgan, his agent.
The Commissioners discussed the need for a grocery store in this area and the allowed uses under the NC zoning district. Mr. King said his intent at this time was remove the existing structures and clean up the lot. He said he is currently under contract to purchase the property and has tentative plans to create more parking for the State Avenue Ace Hardware. He said he did not intend to put a grocery store at that location, but if there was interest from another party he would be supportive and possibly negotiate a plan for this location.
Commissioner Mariska asked staff if there would be more proposed zone changes to NC to the east in the foreseeable future. Ms. Cromwell responded that it was not likely. She also indicated with the possible outcome of the completion of the Project Re:Code, there may be other possibilities for the development and uses in the area. Currently the uses are based on the traffic counts to develop an area, however the new code may bring a different aspect to it. Commissioner Wagner asked if there would be any security measures for the property once it has been cleaned up. Mr. King said he did not intend to fence the entire property, and felt that removal of the blighted house and making it a vacant lot would deter any transient or random misuse of the property. There was a discussion about crime in the area. Mr. King said they had not had any break ins at the Ace Hardware and had sufficient security measures in place on that parcel.
Commissioner Boyett, moved to recommend approval and adoption of the findings of the 10 criteria. The motion was seconded by Commissioner Larson. The motion was approved by a unanimous vote.
The Commissioners discussed the need for a grocery store in this area and the allowed uses under the NC zoning district. Mr. King said his intent at this time was remove the existing structures and clean up the lot. He said he is currently under contract to purchase the property and has tentative plans to create more parking for the State Avenue Ace Hardware. He said he did not intend to put a grocery store at that location, but if there was interest from another party he would be supportive and possibly negotiate a plan for this location.
Commissioner Mariska asked staff if there would be more proposed zone changes to NC to the east in the foreseeable future. Ms. Cromwell responded that it was not likely. She also indicated with the possible outcome of the completion of the Project Re:Code, there may be other possibilities for the development and uses in the area. Currently the uses are based on the traffic counts to develop an area, however the new code may bring a different aspect to it. Commissioner Wagner asked if there would be any security measures for the property once it has been cleaned up. Mr. King said he did not intend to fence the entire property, and felt that removal of the blighted house and making it a vacant lot would deter any transient or random misuse of the property. There was a discussion about crime in the area. Mr. King said they had not had any break ins at the Ace Hardware and had sufficient security measures in place on that parcel.
Commissioner Boyett, moved to recommend approval and adoption of the findings of the 10 criteria. The motion was seconded by Commissioner Larson. The motion was approved by a unanimous vote.
CONSISTENCY WITH ADOPTED POLICIES OR PLANS
The Consistency with Adopted Policies or Plans is discussed in the Alternatives Analyzed section above.