d.
City Zoning Commission
- Meeting Date:
- 08/04/2020
- SUBJECT
- Zone Change 981 - 750 Broadwater - PD Amendment
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
City Zone Change 981 – 750 Broadwater Ave. – Yellowstone PD-NC – add auto sales - A zone change request to add auto sales as an allowed use in the Yellowstone Planned Development - Neighborhood Commercial zone, on Block 4, Lot 27-31 & 26A, 26B (1st Add to Blk 4)(Less 50 SF Street) of the Yellowstone Addition Subdivision, a 24,450 sf parcel of land. A pre-application neighborhood meeting was held on Monday, June 29, 2020 at 5:30 pm at 750 Broadwater. Presented by Nicole Cromwell, Zoning Coordinator
RECOMMENDATION
Planning staff recommends approval of the requested amendment to the Planned Development - Neighborhood Commercial zone to allow auto sales at 750 Broadwater Avenue and adoption of the findings of the 10 criteria.
APPLICATION DATA
| OWNER: Russell and Colleen Cherry | |
| AGENT: Dusty Sims, Auto Outlet of Montana | |
| LEGAL DESCRIPTION: Yellowstone Addition, Block 4, Lots 26A, 26B & 27 through 31 | |
| ADDRESS: 750 Broadwater | |
| CURRENT ZONING: PD-NC | |
| EXISTING LAND USE: Vacant auto repair garage and car wash facility | |
| PROPOSED USE: Auto sales with minor repairs in garage area | |
| SIZE OF PARCEL: 24,450 square feet | |
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | Zone Change # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| 750 Broadwater | Zone Change 636 | Sept 8, 1998 | NC to PD-NC | Y | To allow car rental |
| Special Review 528 | July 27,1994 | Allow car wash | Y | ||
| Special Review 730 | Nov 25, 2002 | Allow auto repair | Y | ||
| SURROUNDING PROPERTY | Zone Change # | DATE | FOR | APPROVED (Y/N) |
ADDITIONAL DATA |
| 708 Broadwater | SR 363 | Sept 26, 1988 | Business >3,000 sf | Yes |
|
| 708 Broadwater | SR 426 | Jan 28, 1991 | Allow furniture store | Yes | Lay-Z-Boy |
| 109 5th St W | SR 247 | Nov 4, 1985 | Allow beer & wine with gaming | Yes | Gabby’s Tavern |
| 750 Terry | ZC 194 | March 6, 1978 | R-60 to NC | Withdrawn | |
| 750 Terry | ZC 260 | July 23, 1979 | R-60 to NC | No | |
| 613 7th St W (aka 645 Custer) | ZC 236 | Nov 27, 1978 | R-60 to NC | No | Peddler’s Station |
| 644 Broadwater | ZC 274 | Nov 26, 1979 | R-60 6o NC | Yes | |
| 312 8th St W | ZC 417 | Dec 12, 1983 | R-60 to NC | No | Greenleaf Jewelry |
| 2039 Broadwater | ZC 621 | Aug 25, 1997 | NC to PD-CC | Yes | Mini-storage |
| 2395 Rosebud Dr | ZC 561 | Feb 8, 1993 | Public to PD-NC | Yes | Pier One Imports |
| 350 Calhoun | ZC 577 | Jan 3, 1994 | R-60 to PD-CI | Yes | Alsco Laundry Plant |
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: R-70 Land Use: Single family and two family dwellings |
| SOUTH: | Zoning: NC Land Use: Laundry, office and two family dwellings |
| EAST: | Zoning: NC Land Use: Single family dwelling |
| WEST: | Zoning: NC Land Use: Locksmith |
BACKGROUND
This is a request to add a use to an existing Planned Development zone at the corner of Broadwater Avenue and 8th St West. The property has been developed for auto related uses since at least 1970, just prior to the current zoning code adoption. In 1994, the owner was approved to change the use to a car wash through special review approval. Subsequently, a zone change was approved in 1998 to make this parcel a Planned Development with underlying NC zoning to allow a car rental lot. In 2002, an application to allow an auto repair business was approved by the City Council.
The applicant intends to keep the major site improvements in place with some refreshing and updating. Due to the age of the existing recorded Planned Development, the agreement has been re-written from the original to include standard language for the PD and to include the previous special review approvals. The proposed amendment will allow a small auto sales business. There are restrictions written in the PD agreement that will ensure site improvements meet city code in place when the improvements are done. These include items such as storm water management, landscaping, and parking. The PD agreement specifies no changes in the site can make it less conforming to current city codes.
The current site is at a major intersection in the Central Terry neighborhood west of downtown. A vacant and unused property at this corner is proposed to be renovated for a use similar to the prior uses of the property. This is intersection of Broadwater handles 15,000 to 18,000 vehicle trips per day and 8th St West handles about 7,000 trips per day, both of which are appropriate volumes given the designations located on the city's Functional Classification Map. The applicant is not proposing to change any of the existing driveways or access points on the property. A small auto sales lot may generate some additional "destination" traffic but may rely on drive-by trips for customer traffic on to the property.
Auto sales are not an allowed use in the standard NC zone district. The PD was created to allow uses not normally allowed in the NC zone related to automobiles. The PD will continue to allow uses that are allowed by special review approval and will prohibit uses not normally allowed in the NC zone except for the uses listed in the PD agreement.
Planning staff conducted a preliminary review meeting with the applicant and the surrounding owners via Zoom on July 24, 2020. One owner Casey Lujan, 820 Broadwater, provided comment to the applicant concerning signs, advertising and site security. Mr. Sims, the purchaser of the property, explained his business model is not like other car lots that use flags and distracting advertising on the lot to attract business. Mr. Sims stated he intends to add security cameras and systems. Carlos Davey, real estate agent for the property, explained that a vacant and unused property is more likely to bring down property values. Planning staff has attached the pre-application meeting notes and attendance sheet to the staff report.
Planning staff is recommending approval of the amendment to the PD agreement for 750 Broadwater. Staff finds the re-use of the building and property complies with several goals and guidelines of the 2016 Growth Policy and the Central Terry Neighborhood Plan (1999). Both planning documents encourage the re-use of existing buildings, limiting the intrusion commercial uses further into neighborhoods except for daily service needs of the neighborhood, encourage local businesses and job creation and support the use of existing infrastructure for infill development.
The applicant intends to keep the major site improvements in place with some refreshing and updating. Due to the age of the existing recorded Planned Development, the agreement has been re-written from the original to include standard language for the PD and to include the previous special review approvals. The proposed amendment will allow a small auto sales business. There are restrictions written in the PD agreement that will ensure site improvements meet city code in place when the improvements are done. These include items such as storm water management, landscaping, and parking. The PD agreement specifies no changes in the site can make it less conforming to current city codes.
The current site is at a major intersection in the Central Terry neighborhood west of downtown. A vacant and unused property at this corner is proposed to be renovated for a use similar to the prior uses of the property. This is intersection of Broadwater handles 15,000 to 18,000 vehicle trips per day and 8th St West handles about 7,000 trips per day, both of which are appropriate volumes given the designations located on the city's Functional Classification Map. The applicant is not proposing to change any of the existing driveways or access points on the property. A small auto sales lot may generate some additional "destination" traffic but may rely on drive-by trips for customer traffic on to the property.
Auto sales are not an allowed use in the standard NC zone district. The PD was created to allow uses not normally allowed in the NC zone related to automobiles. The PD will continue to allow uses that are allowed by special review approval and will prohibit uses not normally allowed in the NC zone except for the uses listed in the PD agreement.
Planning staff conducted a preliminary review meeting with the applicant and the surrounding owners via Zoom on July 24, 2020. One owner Casey Lujan, 820 Broadwater, provided comment to the applicant concerning signs, advertising and site security. Mr. Sims, the purchaser of the property, explained his business model is not like other car lots that use flags and distracting advertising on the lot to attract business. Mr. Sims stated he intends to add security cameras and systems. Carlos Davey, real estate agent for the property, explained that a vacant and unused property is more likely to bring down property values. Planning staff has attached the pre-application meeting notes and attendance sheet to the staff report.
Planning staff is recommending approval of the amendment to the PD agreement for 750 Broadwater. Staff finds the re-use of the building and property complies with several goals and guidelines of the 2016 Growth Policy and the Central Terry Neighborhood Plan (1999). Both planning documents encourage the re-use of existing buildings, limiting the intrusion commercial uses further into neighborhoods except for daily service needs of the neighborhood, encourage local businesses and job creation and support the use of existing infrastructure for infill development.
SUMMARY
Prior to any recommendation to the City Council, the Zoning Commission shall consider these proposed findings:
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 Central Terry Neighborhood Plan (1999).
Strong Neighborhoods:
The Central Terry Neighborhood Plan goals:
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. Vacant buildings and property tend to attract vandalism and trespassing. Vacant buildings also tend to bring down surrounding market values. Reuse of the property will reduce these effect and benefit the health, safety and welfare of the surrounding neighbors.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: There should be little impact from the proposed new use of the property. Prior uses - a carwash, car rental, and aut repair all generate more customer and employee traffic than a small auto sales lot. All driveways and access to the property will remain the same.
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. The NC building and site development requirement will apply to the property.
6. Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning and new uses should have limited effect on transportation. A special condition was placed in the amended PD to restrict parking of vehicles along the street front so they do not hang over the public sidewalk. This has been a issue with other small auto sales lots in the community.
7. Will the new zoning will promote compatible urban growth?
A corner lot at a high traffic intersection such as Broadwater and 8th St W is an ideal location for businesses and commercial activity. The property has been used for auto-related uses for the last 50 years. It is a compatible and predictable use of the property.
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.
9. Will the new zoning conserve the value of buildings?
The proposed zoning will conserve the value of the existing building. The building is designed for auto related uses and customers services. Conversion to a different use - such as retail or personal services - would require a large investment in the building. Due to specialized nature of some service businesses, it may not be possible to renovate to a non-auto related use and the building would have to be torn down.
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.
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 Central Terry Neighborhood Plan (1999).
Strong Neighborhoods:
1) Implementation of the Infill Policy is important to encourage development of underutilized properties
Prosperity:
1) Successful businesses that provide local jobs benefit the community
2) Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
3) Retaining and supporting existing businesses helps sustain a healthy economy
2) Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
3) Retaining and supporting existing businesses helps sustain a healthy economy
The Central Terry Neighborhood Plan goals:
1) To encourage rehabilitation of structures throughout the neighborhood
2) Maintain existing "core" residential areas, while strongly discouraging commercial intrusion into existing neighborhoods
2) Maintain existing "core" residential areas, while strongly discouraging commercial intrusion into existing neighborhoods
The proposed re-use of a vacant building and site developed for auto-centric uses will help stabilize this area, allow a local business to continue and helps implement the infill policy to use existing infrastructure whenever possible.
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. Vacant buildings and property tend to attract vandalism and trespassing. Vacant buildings also tend to bring down surrounding market values. Reuse of the property will reduce these effect and benefit the health, safety and welfare of the surrounding neighbors.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: There should be little impact from the proposed new use of the property. Prior uses - a carwash, car rental, and aut repair all generate more customer and employee traffic than a small auto sales lot. All driveways and access to the property will remain the same.
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. The NC building and site development requirement will apply to the property.
6. Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning and new uses should have limited effect on transportation. A special condition was placed in the amended PD to restrict parking of vehicles along the street front so they do not hang over the public sidewalk. This has been a issue with other small auto sales lots in the community.
7. Will the new zoning will promote compatible urban growth?
A corner lot at a high traffic intersection such as Broadwater and 8th St W is an ideal location for businesses and commercial activity. The property has been used for auto-related uses for the last 50 years. It is a compatible and predictable use of the property.
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.
9. Will the new zoning conserve the value of buildings?
The proposed zoning will conserve the value of the existing building. The building is designed for auto related uses and customers services. Conversion to a different use - such as retail or personal services - would require a large investment in the building. Due to specialized nature of some service businesses, it may not be possible to renovate to a non-auto related use and the building would have to be torn down.
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.
RECOMMENDATION
Staff recommends approval of Zone Change 981 and the amendment to the Planned Development for 750 Broadwater and adoption of the findings of the 10 criteria.