County Zone Change 704 – 626 Johnson Lane – from CMU2 to NX3 - A zone change request from Corridor Mixed Use (CMU2) to Mixed Residential (NX3), on Lot 5, Block 1, Keller Place Subdivision, a 3.560 acre parcel of land. A pre-application neighborhood meeting was held on May 27, 2021, at 501 Johnson Lane. Tax ID: C12325. Presented by: Karen Husman, Planner I.

Planning staff recommends approval of Zone Change #704 and adoption of the 11 criteria detailed in the summary section of this memo.

OWNER:Paul Jessop
AGENT: Kolten Knatterud, IMEG            
LEGAL DESCRIPTION: Lot 5, Block 1, Keller Place Subdivision
SIZE OF PARCEL: 3.560 Acre     
EXISTING LAND USE: Vacant     
PROPOSED LAND USE: Residential Multi-Family 
EXISTING ZONING: CMU2
PROPOSED ZONING: NX3

None

See attached.

The subject property is located at 626 Johnson Lane. This zone change request from Corridor Mixed Use (CMU2) to Mixed Residential (NX3) would allow the property to develop into a transitional district between the existing CMU2 to the north and the RMH to the south and east of the property, creating the opportunity for more housing choices.  

The applicant held a pre-application meeting and answered questions and concerns from the neighboring property owners.  There were concerns about building design, if there would be playground facilities, how the project would affect the irrigation ditch along Johnson Lane, and additional traffic. The applicant answered that there will not be a playground, however, a green space will be provided with the development. The applicant responded by letting them know the plans were preliminary and any future development will meet all restrictions and requirements, and they did not foresee any long term affects on the ditch.   

The applicant intends to develop the property into multifamily housing. The applicant has stated the proposed area is near the “Lockwood Town Center” and would develop an anchor development in that area, bringing more housing to the downtown area of Lockwood.  The intention is to provide workforce housing in an effort to attract more businesses to the area. The Lockwood Growth Policy defines the need for more housing choices near the Town Center area.  

The current zoning of CMU2 allows for multifamily housing, but requires the first floor area to be commercial use.  The applicant feels that currently Lockwood has an abundance of available commercial space and in today’s economic climate, better use of this parcel would be the creation of additional housing units and add additional housing choices to Lockwood.
 

PROPOSED DETERMINATIONS
County Zone Change #704
The Yellowstone County Zoning Commission, prior to any recommendation, shall consider the following:

1.    Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning does comply with the following goals of the Lockwood Growth Policy and area plans:

Provide ongoing assessment of land use and zoning to help guide future development. 
This zone change would allow for an overall zoning plan that is somewhat consistent and should remain consistent with growing neighborhoods. The existing zoning district is intended to allow a mix of commercial and residential land uses. The CMU2 is meant to accommodate larger scale commercial, warehouse style buildings on deeper lots along corridors.  The ground stories along streets are intended for commercial uses and the upper stories could accommodate residential and/or office uses. The new zoning NX3 would allow residential as the primary use on the parcel.  This would be a new development of multifamily housing, the Lockwood Growth Policy indicates a need for more housing choices in the Town Center area of Lockwood. 

2.    Is the new zoning designed to secure from fire and other danger? 
The subject property is currently served by the Lockwood Fire Department with mutual aid from the Billings Fire Department. The property will have access from Johnson Lane, a principle arterial street.  There should be adequate ingress and egress to the property for emergency vehicles.  The property is served by the Lockwood Water District that has fire hydrants throughout the Lockwood community.  The fire department may require additional fire suppression with the development of the property.  The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies. 

3.    Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements? 
Transportation: Development under the new zoning will increase traffic on Johnson Lane, a principle arterial street. The level of traffic increase will be dependent on the number of residential dwelling units constructed. The property is located on a high traffic corridor that carries approximately 2,600 vehicles a day.

Water and Sewerage:    The property is within the Lockwood Water and Sewer District. Water and Sewer needs will be evaluated at the time of a development plan.  The number of units will be limited to the capacity the Lockwood Water & Sewer district can provide.

Schools and Parks: The proposed zoning would likely impact the Lockwood School District at a higher level than the current zoning.  The number of dwelling units will determine the possible impact on schools.  The School District had no comments on the application.   

Fire and Police: The subject property is serviced by the Lockwood Fire District and the Yellowstone County Sheriff’s Department.  Fire suppression requirements will be evaluated at the time of a development plan. 

4.    Will the new zoning promote health and general welfare?
The new zoning will allow development of property that is adjacent to an existing commercial use to the north as well as low density residential uses to the south and west. There is planned to be residential development on the property, which is not expected to have a negative impact on the surrounding uses. The new zoning and development of a vacant parcel would provide infill development that should provide new sidewalks adjacent to the ROW, promoting pedestrian safety.
 
5.    Will the new zoning provide adequate light and air?
The proposed zoning would require minimum setbacks, maximum building heights and maximum lot coverage. These requirements should allow adequate light and air to reach the subject property and adjacent properties.

6.    Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning itself will not generate more traffic, the development of the property to multifamily residential will impact the traffic on Johnson Lane.  The estimated increase in traffic would depend on the number of units approved with this development.  

Pedestrian traffic in the area is limited due to no pedestrian facilities. The Lockwood Pedestrian Safety District is working to get sidewalks in Lockwood, it would be beneficial for the development and the Lockwood community to include sidewalks along Johnson Lane.

7.    Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with nearby urban zoning and development. The proposed zoning is compatible with the residential zoning to the south and east, and new residents could utilize the adjacent mini storage to the north.
 
8.    Does the new zoning consider the character of the district and the suitability of the property for particular uses? 
The subject property is in an area that is a mix of residential and commercial uses on the adjacent property. The property is suitable for NX3 uses on this infill parcel and the Growth Policy calls out this area for mixed uses in the Town Center area of Lockwood.

9.    Will the new zoning conserve the value of buildings? 
The new zoning will allow the development of new residential uses adjacent to residential and commercial uses. The new residential uses should have a limited effect on existing structures on surrounding properties.  There are currently no buildings on the property.

10.    Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the uses allowed in the NX3 zoning district. This is an appropriate use of land in this area of the County and will encourage similar development to what is already in this part of the County. The Lockwood Growth Policy calls out this area for mixed use in the Town Center district of Lockwood to encourage workforce housing. 

11.    Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings? 
The proposed zoning is  not close to the city limits of Billings and is compatible with the typical urban development in this area of Lockwood. 

Planning staff recommends approval of Zone Change #704 and adoption of the 11 criteria detailed in the summary section of this memo.