Consent 1.F.
Regular City Council Meeting
- Meeting Date:
- 10/09/2018
- TITLE
- Zone Change 970- 2015 Blue Creek Road, second reading
- PRESENTED BY:
- Nicole Cromwell
- Department:
- Planning & Community Services
Presentation:
No
PROBLEM/ISSUE STATEMENT
This is a zone change request from Neighborhood Commercial (NC) to Community Commercial (CC) on Tract 1C of C/S 566, a .91-acre parcel of land. A pre-application neighborhood meeting was held on July 30, 2018, at the Blue Creek Volunteer Fire Department. The Zoning Commission held its public hearing on September 4 and forwarded a recommendation of approval. The City Council held a public hearing on September 24 and approved Zone Change 970 on first reading.
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:
- 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.
Prior to making a decision on the proposed zone change, the City Council shall consider the following findings as required by BMCC, Sec. 27-1502(d):
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:
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 property has an existing water distribution use. If approved, the new zoning will promote new businesses and predictable land use.
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. Future uses may contribute some traffic to the surrounding street network, but Blue Creek Road is a Principal Arterial Street and can handle large traffic volumes.
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 building separations to allow for adequate light and air.
6. Will the new zoning effect motorized and non-motorized transportation?
The new zoning will have no significant 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 infill and new commercial uses that will be 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 is identical to the zoning south of the subject property and is an appropriate zone with the adjacent neighborhood surrounding it.
9. Will the new zoning conserve the value of buildings?
Approval of the zone change will conserve the value of the property and will allow current development to expand. The value of existing buildings and the parcel will be improved and conserved 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 the existing business to expand and offer new commercial uses serve the neighborhood. This is the most appropriate use of the land at this location.
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:
- Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.
- Prosperity: A diversity of available jobs can ensure a strong Billings’ economy; Retaining and supporting existing businesses helps sustain a healthy economy
- Essential Investments: 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;
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 property has an existing water distribution use. If approved, the new zoning will promote new businesses and predictable land use.
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. Future uses may contribute some traffic to the surrounding street network, but Blue Creek Road is a Principal Arterial Street and can handle large traffic volumes.
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 building separations to allow for adequate light and air.
6. Will the new zoning effect motorized and non-motorized transportation?
The new zoning will have no significant 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 infill and new commercial uses that will be 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 is identical to the zoning south of the subject property and is an appropriate zone with the adjacent neighborhood surrounding it.
9. Will the new zoning conserve the value of buildings?
Approval of the zone change will conserve the value of the property and will allow current development to expand. The value of existing buildings and the parcel will be improved and conserved 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 the existing business to expand and offer new commercial uses serve the neighborhood. This is the most appropriate use of the land at this location.
FINANCIAL IMPACT
If the zone change is approved, further development and improvements may occur on the property and the property value may increase. This could generate more property tax revenues to the City as well as service demands. If the zone change is not approved, the current use may continue as it exists.
RECOMMENDATION
Staff recommends the City Council approve Zone Change 970, including adoption of the findings of the 10 criteria. The City Council adopted the zone change on first reading.