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Item 6.
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| City Council Regular | |
| Date: | 04/12/2021 |
| Title: | Zone Change 987 - Highway 3 and AJ Way - 2nd reading |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | No |
RECOMMENDATION
The Zoning Commission is recommending approval of Zone Change 987 and adoption of the findings of the 10 review criteria on a 4-0-1 vote. The City Council approved the zone change with a unanimous vote on 1st reading on March 22, 2021. Due to the valid protest of this zone change, a super-majority vote is needed for both readings and the second reading was placed on the regular agenda to accommodate this vote.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request from Agricultural (A) to Heavy Commercial (CX) on Tracts 1A and 1B of C/S 1889, a 20-acre parcel of land. A pre-application neighborhood meeting was held on December 9, 2020, at 3655 AJ Way, Billings, MT. Aviation Properties LLC is the owner.
STAKEHOLDERS
The Zoning Commission conducted a public hearing on February 2, 2021, and received the staff report, testimony from the applicant and agent, and from the public. In addition, the Zoning Commission received 12 letters of comment from surrounding owners and the Rimrock Neighborhood Task Force. All of these letters of comment were opposed to the zone change request. Surrounding owners who called in comments to the Zoning Commission include Brenda Dosset of 3420 Masterson Circle, Jim Scott of 224 Stony Ridge Drive, Bill Cole of 3733 Tommy Armour Circle, Alice Lahren of 108 Sky Ranch Drive, Tim Blattie of 2745 Highway 3, Paul Scarpari of 3440 Masterson Circle, Howard Evans of 3481 Masterson Circle, and Steve Payne of 3441 Masterson Circle. The surrounding owners expressed concern about changes in traffic volume and patterns, effect on the property value of their residences, and possible location of prisons or junkyards in the proposed zoning.
Mr. Kanning, agent for Aviation Properties, explained while there is no firm development plan for the property, the zoning would not allow prisons or junkyards and the city's billboard moratorium is still in place. The intent is to market the property to larger format retailers, or those in need of a small shop or warehouse space close to the airport and close to a major transportation corridor. Some callers requested a delay or a change in the requested zoning from CX to a Corridor Mixed Use zone district. Mr. Kanning stated some of the marketable uses in the CX zone are not allowed in the CMU zone districts such as contract storage warehousing or similar uses. Mr. Kanning stated these uses are allowed in Highway Commercial and this is why they requested this zone that would be an analogous zone to the new CX zone. Tyler Dugger, attorney representing Aviation Properties, stated the CX zoning is already in place on the directly adjacent property to the east, and this is just a request to add 20 acres of the same zoning along a high-speed highway corridor.
Commission member Trina White made a motion to recommend approval and adoption of the findings of the 10 criteria. The motion was seconded by Commission member Dan Brooks. The motion was approved on a 4-0-1 vote. Commission member Jack King recused himself from the hearing and voting on this request based on a conflict of interest.
The City Council postponed the first reading and public hearing from February 22, 2021, on the request of the applicant. The Planning Division re-advertised the new hearing date and time along with the Zoning Commission recommendation. After the Zoning Commission hearing on February 2, 2021, the Planning Division and the City Council received numerous emails and letters of comment as well as petitions protesting the zone change. Enough protest petitions were received to achieve a valid protest of the zone change. A valid protest will require a super majority vote of the present and voting members of the Council in order to approve the zone change on second reading.
The City Council held its public hearing on first reading on March 22, 2021, and received the Zoning Commission recommendation, testimony from the applicant and agent as well as public comment from the surrounding owners. There were 15 people who provided comments on the proposed zone change as well as the annexation. Four testified in favor and 11 testified in opposition. Comments of opposition concerned the effect on adjacent property values, aesthetic considerations for the entryway into Billings and the incompatibility with the residential zoning south of Highway 3. Comments in favor of the application support the increase to the tax base, economic development of the area to support the viability of the Billings airport and the track record of the owners in the community.
The City Council approved the zone change on first reading with a unanimous vote on March 22, 2021.
Mr. Kanning, agent for Aviation Properties, explained while there is no firm development plan for the property, the zoning would not allow prisons or junkyards and the city's billboard moratorium is still in place. The intent is to market the property to larger format retailers, or those in need of a small shop or warehouse space close to the airport and close to a major transportation corridor. Some callers requested a delay or a change in the requested zoning from CX to a Corridor Mixed Use zone district. Mr. Kanning stated some of the marketable uses in the CX zone are not allowed in the CMU zone districts such as contract storage warehousing or similar uses. Mr. Kanning stated these uses are allowed in Highway Commercial and this is why they requested this zone that would be an analogous zone to the new CX zone. Tyler Dugger, attorney representing Aviation Properties, stated the CX zoning is already in place on the directly adjacent property to the east, and this is just a request to add 20 acres of the same zoning along a high-speed highway corridor.
Commission member Trina White made a motion to recommend approval and adoption of the findings of the 10 criteria. The motion was seconded by Commission member Dan Brooks. The motion was approved on a 4-0-1 vote. Commission member Jack King recused himself from the hearing and voting on this request based on a conflict of interest.
The City Council postponed the first reading and public hearing from February 22, 2021, on the request of the applicant. The Planning Division re-advertised the new hearing date and time along with the Zoning Commission recommendation. After the Zoning Commission hearing on February 2, 2021, the Planning Division and the City Council received numerous emails and letters of comment as well as petitions protesting the zone change. Enough protest petitions were received to achieve a valid protest of the zone change. A valid protest will require a super majority vote of the present and voting members of the Council in order to approve the zone change on second reading.
The City Council held its public hearing on first reading on March 22, 2021, and received the Zoning Commission recommendation, testimony from the applicant and agent as well as public comment from the surrounding owners. There were 15 people who provided comments on the proposed zone change as well as the annexation. Four testified in favor and 11 testified in opposition. Comments of opposition concerned the effect on adjacent property values, aesthetic considerations for the entryway into Billings and the incompatibility with the residential zoning south of Highway 3. Comments in favor of the application support the increase to the tax base, economic development of the area to support the viability of the Billings airport and the track record of the owners in the community.
The City Council approved the zone change on first reading with a unanimous vote on March 22, 2021.
ALTERNATIVES
The City Council may:
FISCAL EFFECTS
The approval or denial of the requested zone change should have no effect on the Planning Division budget.