a.
County Zoning Commission
- Meeting Date:
- 07/11/2022
- SUBJECT
- County Zone Change 710 - 1837 Hawthorne Lane - from N2 to P2
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
County Zone Change 710 - 1837 Hawthorne Lane - from N2 to P2This is a zone change request from Mid-Century Neighborhood (N2) to Public 2 (P2), on a 4-acre portion of Parcel 1 of C/S 1666, a 7.5-acre parcel of land, generally located at 1837 Hawthorne Lane. A pre-application neighborhood meeting was held on May 24, 2022 at Beartooth Elementary School.
RECOMMENDATION
Planning staff is recommending approval of the zone change request and adoption of the findings of the 11 review criteria.
APPLICATION DATA
| OWNER: Wayne and Karen Underwood | |
| AGENT: Shane Vigus - Upper Deck Baseball | |
| LEGAL DESCRIPTION: 4 acres within C/S 1666 Parcel 1 - a 7.5-acre parcel of land | |
| ADDRESS: 1837 Hawthorne Lane | |
| CURRENT ZONING: N2 - Mid-Century Neighborhood | |
| EXISTING LAND USE: Shop and Garage Buildings with Baseball Field under construction | |
| PROPOSED USE: Same with completed Baseball Field with fencing | |
| SIZE OF PARCEL: 7.5 acres total - 4 acres proposed for re-zoning |
CONCURRENT APPLICATIONS
Pending fence permit application - PLNX-22-01383
APPLICABLE ZONING HISTORY
See attached chart
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: RR3 Land Use: Rural Residential development |
| SOUTH: | Zoning: N2 Land Use: Single family homes on large lots |
| EAST: | Zoning: P2 Land Use: Beartooth Elementary School |
| WEST: | Zoning: N2/N3 Land Use: City residential subdivision |
BACKGROUND
This is a zone change to allow a baseball playing field to be completed on property currently zoned N2 (Mid-Century Neighborhood) located on the east side of Hawthorne Lane in Billings Heights. The application is the result of the agent, Shane Vigus of Upper Deck Baseball, submitting a request to construct the backstop and outfield fences for the nearly complete baseball field. The fence permit application informed Mr. Vigus and the property owner of the need to obtain a zone change to allow the playing field and proposed fencing to be in compliance with zoning. An outdoor recreation assembly use is not an allowed use in the N2 zone district. Mr. Vigus' organization, Upper Deck Baseball, is a program that encourages development of young baseball players with assistance in continuing their education beyond high school at institutions that also offer college-level baseball.
Mr. Shane Vigus is representing the property owners Karen & Wayne Underwood. Approximately 4 acres of the 7.5 acre parcel is proposed to zoned Public 2. The property is just east of the city limits at 1837 Hawthorne Lane. The surrounding zoning is primarily residential except for the Beartooth Elementary School, which is zoned Public 2. The Beartooth Elementary school is situated on an 8.5-acre property located at 1345 Elaine Street. Zoning to the north, south and west is primarily N2 with some N3 zoning within the city limits. Hawthorne Lane is a north/south street parallel to Bench Boulevard and Bitterroot Drive. Hawthorne Lane runs from Yellowstone River Road to Barrett Road continuously. North of Barrett Road, Hawthorne Lane is discontinuous but eventually connects to Mary Street and then the Bitterroot Heights Subdivision north of Mary Street. Average daily traffic on Hawthorne Lane at this location is approximately 1,260 vehicle trips per day. Hawthorne Lane is a designated collector street and is intended to connect local neighborhoods to arterial streets such as Wicks Lane, Bench Boulevard and Main Street. The collector street status does not extend north of Barrett Road. Hawthorne Lane has capacity to handle additional traffic without requiring improvements. The current volume of traffic is low compared to its capacity.
The applicant conducted a pre-application meeting on May 24, 2022, at the subject property. Several surrounding property owners attended the meeting. The pre-application materials are included as an attachment. The Planning Division received no inquiries or comments from the notified surrounding owners within 1/4-mile of the subject property. The notification area is required due to the proximity to the city limits.
The proposed zoning of P2 for 4 acres of this parcel is compatible with and adjacent to existing P2 zoning. The P2 zone district was created for application to civic and institutional uses that are not completely similar to Public 1 (P1) zones used for parks and open space areas. P2 has been applied to churches, schools, public agency offices and similar uses. Most of these uses are compatible within a neighborhood setting. The Public zone district site and structure standards do require the development of structures within 150 feet of a neighborhood zone to be designed to complement those adjacent zones. For example, a public school building within 150 feet of a neighborhood zone cannot exceed the building height in the adjacent zone, observe the same setbacks and build-to areas, lot coverage maximums and similar zone requirements.
The proposed field will be used by five of the ten different teams supported by Upper Deck Baseball. The field is directly adjacent to the Beartooth Elementary school parking lot. The county development in the area is low density residential and the city development west of Hawthorne is a medium density residential area of 4 to 7 dwelling units per acres.
Mr. Shane Vigus is representing the property owners Karen & Wayne Underwood. Approximately 4 acres of the 7.5 acre parcel is proposed to zoned Public 2. The property is just east of the city limits at 1837 Hawthorne Lane. The surrounding zoning is primarily residential except for the Beartooth Elementary School, which is zoned Public 2. The Beartooth Elementary school is situated on an 8.5-acre property located at 1345 Elaine Street. Zoning to the north, south and west is primarily N2 with some N3 zoning within the city limits. Hawthorne Lane is a north/south street parallel to Bench Boulevard and Bitterroot Drive. Hawthorne Lane runs from Yellowstone River Road to Barrett Road continuously. North of Barrett Road, Hawthorne Lane is discontinuous but eventually connects to Mary Street and then the Bitterroot Heights Subdivision north of Mary Street. Average daily traffic on Hawthorne Lane at this location is approximately 1,260 vehicle trips per day. Hawthorne Lane is a designated collector street and is intended to connect local neighborhoods to arterial streets such as Wicks Lane, Bench Boulevard and Main Street. The collector street status does not extend north of Barrett Road. Hawthorne Lane has capacity to handle additional traffic without requiring improvements. The current volume of traffic is low compared to its capacity.
The applicant conducted a pre-application meeting on May 24, 2022, at the subject property. Several surrounding property owners attended the meeting. The pre-application materials are included as an attachment. The Planning Division received no inquiries or comments from the notified surrounding owners within 1/4-mile of the subject property. The notification area is required due to the proximity to the city limits.
The proposed zoning of P2 for 4 acres of this parcel is compatible with and adjacent to existing P2 zoning. The P2 zone district was created for application to civic and institutional uses that are not completely similar to Public 1 (P1) zones used for parks and open space areas. P2 has been applied to churches, schools, public agency offices and similar uses. Most of these uses are compatible within a neighborhood setting. The Public zone district site and structure standards do require the development of structures within 150 feet of a neighborhood zone to be designed to complement those adjacent zones. For example, a public school building within 150 feet of a neighborhood zone cannot exceed the building height in the adjacent zone, observe the same setbacks and build-to areas, lot coverage maximums and similar zone requirements.
The proposed field will be used by five of the ten different teams supported by Upper Deck Baseball. The field is directly adjacent to the Beartooth Elementary school parking lot. The county development in the area is low density residential and the city development west of Hawthorne is a medium density residential area of 4 to 7 dwelling units per acres.
SUMMARY
Prior to making a recommendation to the Board of County Commissioners, the Zoning Commission shall consider the findings of the 11 review criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning does comply with the following goals of the County Growth Policy and area plans:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning does comply with the following goals of the County Growth Policy and area plans:
- Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.
- New developments that are sensitive to and compatible with the character of adjacent City neighborhoods and County town sites.
- Contiguous development focused in and around existing population centers separated by open space.
- Preserve neighborhood character and quality of life.
This zone change would allow this parcel to develop as an outdoor active recreation facility adjacent to an elementary school and in proximity to neighborhood residents. Active recreation sites in Billings Heights are few compared to the population of the Heights. The zoning is consistent and compatible with the area. The existing zoning district is intended to low to medium denstiy residential development. The proposed 4 acres of P2 zoning will be compatible with this existing zoning and development. The 2006 Billings Heights Neighborhood Plan noted a lack of active recreational facilities including playing fields for organized sports such as baseball, soccer, football and field hockey. The development of public and private facilities was encouraged.
2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Billings Urban Fire Service Area (BUFSA). The property will have access from Hawthorne Lane, a collector street. There should be adequate ingress and egress to the property for emergency vehicles. The property is partially inside the Billings Heights Water District but is not known whether the existing garage and shop building have water service from the district. The closest fire hydrant is 500 feet south at the intersection of Kyhl and Hawthorne. There is no public sewer service to the existing buildings. Access to public sewer would require annexation of the property to the city. 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 slightly on an intermittent basis on Hawthorne Lane. The level of traffic increase will be dependent on the number of games and practices that happen on the playing field. There is no parking on the east edge of Hawthorne Lane except on an unimproved shoulder of the road. There is some paved area for parking at the existing garage and shop on the property (See photo attachments). Development standards for outdoor recreation facilities normally requires 1 off-street parking space for each 4 occupants of the field at maximum capacity. It is not known what the capacity of this field might be or whether the agent has secured a parking agreement with the adjacent elementary school or if additional parking on the site will be provided.
Water and Sewerage: The property will need to provide water for the fields, for players and fans as well as a method for handling sanitary waste during games or practices. Some seasonal playing fields provide portable "potties" during the season but have no year-round permanent facilities.
Schools and Parks: The proposed should have no effect on the number of children attending school in the area or have an increased demand for park space in the Heights. In fact, the development of a baseball playing field may relieve some pressure on existing public park playing fields.2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Billings Urban Fire Service Area (BUFSA). The property will have access from Hawthorne Lane, a collector street. There should be adequate ingress and egress to the property for emergency vehicles. The property is partially inside the Billings Heights Water District but is not known whether the existing garage and shop building have water service from the district. The closest fire hydrant is 500 feet south at the intersection of Kyhl and Hawthorne. There is no public sewer service to the existing buildings. Access to public sewer would require annexation of the property to the city. 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 slightly on an intermittent basis on Hawthorne Lane. The level of traffic increase will be dependent on the number of games and practices that happen on the playing field. There is no parking on the east edge of Hawthorne Lane except on an unimproved shoulder of the road. There is some paved area for parking at the existing garage and shop on the property (See photo attachments). Development standards for outdoor recreation facilities normally requires 1 off-street parking space for each 4 occupants of the field at maximum capacity. It is not known what the capacity of this field might be or whether the agent has secured a parking agreement with the adjacent elementary school or if additional parking on the site will be provided.
Water and Sewerage: The property will need to provide water for the fields, for players and fans as well as a method for handling sanitary waste during games or practices. Some seasonal playing fields provide portable "potties" during the season but have no year-round permanent facilities.
Fire and Police: The subject property is serviced by the Billings Urban Fire Service Area (BUFSA). Fire service will continue through the BUFSA with or without a zone change. Fire suppression requirements will be evaluated at the time of a development plan. The playing field is in an area with a high level of natural surveillance from surrounding property owners and users. Trespassing and vandalism are concerns but should not increase beyond the existing condition.
4. Will the new zoning promote health and general welfare?
The new zoning will allow development of active recreation that is directly adjacent to low and medium density residential uses to the west, south and north. There are several new City subdivisions to the west and north of the subject property. The area is within the limits of annexation for Billings and future development for medium density residential uses is possible. The new zoning and development of a vacant parcel would provide a predictable use of the property and promote the health and general welfare of the adjacent area.
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, but the development of the property for the baseball field will add traffic to Hawthorne Lane. The estimated increase in traffic would depend on the number of game days and practice days scheduled for the field. The agent states there are 10 teams now associated with Upper Deck Baseball and the agent states five of those teams would use this new playing field. Each team could have up to 25 or 30 members including players and coaches. It is difficult to estimate the volume of traffic this amount of activity would generate and which road would handle the traffic. There is only one playing field and only one game can be played at one time. An older trip generation manual indicates up to 50 trips per acre of playing field could be expected during a game or practice event. This would result in about 200 vehicle trips per game/practice event at this location however, this could be too general based on the type of activity at his location.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is across the street from urban zoning and development in the City of Billings. The proposed zoning is compatible with this development.
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 low density residential and medium density residential. The property is suitable for the P2 uses and will fit into this neighborhood on the edge of the city and county.
9. Will the new zoning conserve the value of buildings?
The new zoning will allow the development of the playing field without effecting the existing buildings that will remain in the N2 zone district. The proposed zoning will conserve the value of the playing field and amenities for the field.
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 P2 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.
11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The proposed zoning is close to the city limits of Billings and is compatible with the typical suburban and rural development in this area of Billings Heights.
RECOMMENDATION
Staff recommends approval and adoption of the findings of the 11 review criteria for Zone Change 710.