Consent 1.G.
Regular City Council Meeting
- Meeting Date:
- 02/10/2020
- TITLE
- Zone Change 975 - second reading
- PRESENTED BY:
- Nicole Cromwell
- Department:
- Planning & Community Services
Presentation:
No
PROBLEM/ISSUE STATEMENT
A zone change request to amend the Planned Development Agreement (PDA) for Western Sky Subdivision, more specifically the underlying Neighborhood Commercial (NC) allowed uses to include certain light manufacturing, ancillary warehousing and preparation facilities. The amendment also clarifies offices and manufacturing facilities shall conform to the setbacks in the Billings zoning code for all NC zone districts, however, any ancillary warehouse facilities shall be set back a minimum of 40 feet from the front property line along King Avenue West. Mini storage facilities will continue to be set back a minimum of 150 feet from the King Avenue West property line. The amendment includes an allowance for a 45-foot building height limit in the NC zone district. The amendment applies to Lots 2 and 3, Block 1, Western Sky Subdivision Amended, a 9.128 acre parcel of land. A pre-application neighborhood meeting was held on November 25, 2019, at the offices of Sanderson Stewart, 1300 N. Transtech Way.
Zone Change applications are reviewed using statutory criteria (MCA, 76-2-304 and BMCC, 27-1502.d) 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 (MCA, 76-2-302 and BMCC, 27-301).
APPLICATION DATA
OWNER: Mont Vista, LLC - Tracy Haag
AGENT: Sanderson Stewart - Rick Leuthold, P.E. and Bill Morgan, P.E.
LEGAL DESCRIPTION: Lots 2 and 3, Block 1, Western Sky Subdivision amended
ADDRESS: 4600 Block of King Ave West - Crescent Street (internal street)
CURRENT ZONING: Planned Development - Neighborhood Commercial
EXISTING LAND USE: Vacant
PROPOSED USE: Coffee roasting and warehouse (Lot 2), personal storage warehouses (Lot 3)
SIZE OF PARCEL: 9.128 acres
Zone Change applications are reviewed using statutory criteria (MCA, 76-2-304 and BMCC, 27-1502.d) 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 (MCA, 76-2-302 and BMCC, 27-301).
APPLICATION DATA
OWNER: Mont Vista, LLC - Tracy Haag
AGENT: Sanderson Stewart - Rick Leuthold, P.E. and Bill Morgan, P.E.
LEGAL DESCRIPTION: Lots 2 and 3, Block 1, Western Sky Subdivision amended
ADDRESS: 4600 Block of King Ave West - Crescent Street (internal street)
CURRENT ZONING: Planned Development - Neighborhood Commercial
EXISTING LAND USE: Vacant
PROPOSED USE: Coffee roasting and warehouse (Lot 2), personal storage warehouses (Lot 3)
SIZE OF PARCEL: 9.128 acres
ALTERNATIVES ANALYZED
City Council may:
.
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 and the West Billings Neighborhood Plan (2001):
The proposed adjustments to the PD-NC zone is compatible with goals of the West Billings Neighborhood Plan. The proposed amendment will accommodate uses that are compatible in a mixed-use environment and will fulfill a growing market for locally produced retail goods. The proposed development will also have good access to outdoor activities and is in close proximity to commercial centers and transportation options.
The proposed amendment is also in line with the adopted 2016 Growth Policy goals for:
Prosperity:
The proposed zoning would accommodate a growing business and retail market for locally produced retail goods including crafted foods. These types of businesses are sustainable and will help create and stabilize the economic base for Billings. Along with the proposed inter-connected system of trails and paths in Western Sky, the diverse housing choices and other commercial service options, Western Sky will help create a solid neighborhood in this area of West Billings. The concept development plan includes cottage court residential areas, a clubhouse and outdoor area, trail connections to the Shiloh Conservation Area and will be compatible with the intended development to the west. The proposed landscaping and streetscape will ensure the livability of this neighborhood.
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 amendment will allow a limited number of additional uses in the underlying NC zone that will be compatible with the adjacent residential and planned commercial uses.
4. Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed amendment will not have a measurable effect on the transportation system. The city has reviewed a traffic study for the entire subdivision and proposed uses. The developer will be implementing the required mitigation and traffic improvements stipulated by engineering. City Engineering has required the developer to ensure the proposed use will not change the current findings of the traffic analysis.
Water and Sewer: The City will provide 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 will not be effected by the proposed amendment.
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 traffic study prepared by the applicant for the city has been approved and the developer will implement the recommendations of the study. Non-motorized travel – walking and biking – is an essential part of the circulation plan both within the proposed development and connecting to adjacent areas including Hogan’s Slough, Hoop Dreams development to the north and the Shiloh Conservation Area Trail system to the east. The Subdivision Improvement Agreement (SIA) for this new subdivision has conditions for trail and sidewalk improvements as well as pedestrian safety measures.
Traffic counts in the area on King Ave West and 48th St West are well below the expected volume on a principal arterial street. King Avenue West has an average daily traffic volume of 8,010 vehicles per day at this location, less than Poly Drive at 13th Street West. 48th Street West is less than most local streets with about 860 vehicles per day. As development increases in the area, these 2 arterial streets will need to build in additional controls, management facilities and safety features. MDT retains jurisdiction over the management of King Avenue West and the City will manage 48th St West where it has been annexed to the City. The accepted traffic analysis includes contributions to improvements as well as improvement required as development phases are initiated.
7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatible urban growth in this area. The proposed amendment will allow limited crafting and manufacturing in a small area of the proposed development. This will accommodate and support local job creation and will be scaled to be compatible with the surrounding 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. This area between Shiloh Road and 48th St. West is an area undergoing rapid growth and development. The proposed amendment will allow this area to support additional businesses and jobs close to where people live. The property is suitable for the proposed use given its location in the area.
9. Will the new zoning conserve the value of buildings?
The property is currently undeveloped. Approval of the zone change will provide more certainty to surrounding land owners and may help to stabilize property values of adjacent buildings.
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.
- 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.
.
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 and the West Billings Neighborhood Plan (2001):
The West Billings Neighborhood Plan goals and objectives stated the need to locate compatible uses and offer a range of housing choices and development densities. The West Billings Plan adopted a number of Goals, Policies, and Implementation Strategies. The proposed zone change is consistent with the following adopted Policies of Planned Growth.
Goal 1: Establish Development Patterns that Use Land More Efficiently
Policy R “Encourage innovative land-use planning techniques to be used in building higher density and mixed-use developments as well as infill developments."
The proposed adjustments to the PD-NC zone is compatible with goals of the West Billings Neighborhood Plan. The proposed amendment will accommodate uses that are compatible in a mixed-use environment and will fulfill a growing market for locally produced retail goods. The proposed development will also have good access to outdoor activities and is in close proximity to commercial centers and transportation options.
The proposed amendment is also in line with the adopted 2016 Growth Policy goals for:
Prosperity:
1) A diversity of available jobs can ensure a strong Billings’ economy
2) Successful businesses that provide local jobs benefit the community
3) Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
4) Retaining and supporting existing businesses helps sustain a healthy economy
5) Continued workforce training benefits the community and helps attract and retain businesses
2) Successful businesses that provide local jobs benefit the community
3) Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
4) Retaining and supporting existing businesses helps sustain a healthy economy
5) Continued workforce training benefits the community and helps attract and retain businesses
The proposed zoning would accommodate a growing business and retail market for locally produced retail goods including crafted foods. These types of businesses are sustainable and will help create and stabilize the economic base for Billings. Along with the proposed inter-connected system of trails and paths in Western Sky, the diverse housing choices and other commercial service options, Western Sky will help create a solid neighborhood in this area of West Billings. The concept development plan includes cottage court residential areas, a clubhouse and outdoor area, trail connections to the Shiloh Conservation Area and will be compatible with the intended development to the west. The proposed landscaping and streetscape will ensure the livability of this neighborhood.
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 amendment will allow a limited number of additional uses in the underlying NC zone that will be compatible with the adjacent residential and planned commercial uses.
4. Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed amendment will not have a measurable effect on the transportation system. The city has reviewed a traffic study for the entire subdivision and proposed uses. The developer will be implementing the required mitigation and traffic improvements stipulated by engineering. City Engineering has required the developer to ensure the proposed use will not change the current findings of the traffic analysis.
Water and Sewer: The City will provide 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 will not be effected by the proposed amendment.
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 traffic study prepared by the applicant for the city has been approved and the developer will implement the recommendations of the study. Non-motorized travel – walking and biking – is an essential part of the circulation plan both within the proposed development and connecting to adjacent areas including Hogan’s Slough, Hoop Dreams development to the north and the Shiloh Conservation Area Trail system to the east. The Subdivision Improvement Agreement (SIA) for this new subdivision has conditions for trail and sidewalk improvements as well as pedestrian safety measures.
Traffic counts in the area on King Ave West and 48th St West are well below the expected volume on a principal arterial street. King Avenue West has an average daily traffic volume of 8,010 vehicles per day at this location, less than Poly Drive at 13th Street West. 48th Street West is less than most local streets with about 860 vehicles per day. As development increases in the area, these 2 arterial streets will need to build in additional controls, management facilities and safety features. MDT retains jurisdiction over the management of King Avenue West and the City will manage 48th St West where it has been annexed to the City. The accepted traffic analysis includes contributions to improvements as well as improvement required as development phases are initiated.
7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatible urban growth in this area. The proposed amendment will allow limited crafting and manufacturing in a small area of the proposed development. This will accommodate and support local job creation and will be scaled to be compatible with the surrounding 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. This area between Shiloh Road and 48th St. West is an area undergoing rapid growth and development. The proposed amendment will allow this area to support additional businesses and jobs close to where people live. The property is suitable for the proposed use given its location in the area.
9. Will the new zoning conserve the value of buildings?
The property is currently undeveloped. Approval of the zone change will provide more certainty to surrounding land owners and may help to stabilize property values of adjacent buildings.
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
Approval of this application will have no direct financial impact on the Planning Division budget.
RECOMMENDATION
The City Council on first reading approved the zone change by unanimous vote and adopted the findings of the 10 criteria during its January 27, 2020 meeting. Staff recommends Council approve Zone Change 976 on second reading, including adoption of the 10 criteria.