Zone Change 1017 -Zoning Commission recommends approval of Zone Change 1017 and adoption of the findings of the 10 review criteria.

City Zone Change 1017– Intersection of Santiago Blvd/Blue Creek Rd.  – From CMU1 to CX - A zone change request from Corridor Mixed Use (CMU1) to Heavy Commercial (CX), on, Lot 1 of Blue Creek Storage Subdivision an 39,934 square foot parcel of land. A pre-application neighborhood meeting was held on Monday, July 25, 2022, via Zoom virtual meeting. Tax ID: D01954

The property owners are requesting a zone change to CX in order to develop on this odd shaped parcel.  The application is for a zone change from Corridor Mixed Use 1 (CMU1) to Heavy Commercial (CX). The proposed zoning allows a site design for a car wash that does not meet the requirements of the existing CMU1 zoning.  The applicants would like to develop the parcel as a car wash with a design that would be difficult to meet the lot area restrictions and building siting standards in the CMU1 zone.  The CX zone allows the proposed site design to meet the zoning requirements.

The CMU1 zone district allowed a car wash with a special review approval, however, the lot size and dimension would not allow certain building placement to function easily with the CMU1 "build to" zone requirements.   A Special Review approval in the CMU1 district would allow a car wash, but would also require a variance from the build to zone for a different site development.  There are similar types of uses allowed in both districts, included in the attachments is a list of uses that differ in each district. 

APPLICATION DATA
OWNER: Blue Creek Storage, LLC
AGENT:  Taylor Kasperick, Performance Eng.
LEGAL DESCRIPTION: Lot 1, Blue Creek Storage Sub.
ADDRESS:  Generally located at the intersection of Santiago Blvd. & Blue Creek Road
CURRENT ZONING: CMU1
EXISTING LAND USE: Vacant
PROPOSED USE: Commercial as a self-service Carwash
SIZE OF PARCEL: 39,934 SF

SURROUNDING LAND USE & ZONING
NORTH: Zoning: CMU1
Use:  Water Facility
SOUTH: Zoning: CX
USE;   self-service storage facility
EAST:    Zoning: CX, N3 & P2
USE: (City Public Utilities)
WEST:   Zoning:  N4 (County)
USE:  Residential

ZONING HISTORY
See Attachments

The applicant conducted a pre-application neighborhood meeting on July 25, 2022, via Zoom virtual meeting. The Planning Division has received six letters against the development of the property as a car wash, and against the zone change (in attachments). Staff Received 3 letters in opposition after the Staff report was submitted (for a total of 6 letters in attachments).

The Zoning Commission held a public hearing on September 6, 2022, staff gave a brief presentation along with the recommendation.  The applicants' agent Taylor Kasperick, Performance Eng., concurred with staff and reviewed the reasons for the requested zone change. He said they chose to do the zone change because of the site limitation, dimensions, topography and flood plain area were part of the reason they designed the building layout as proposed.  MDT has denied an access point from Blue Creek Road, so the only possible access is from Santiago. There were three residents in attendance that spoke in opposition of the zone change, all concurred that the addition of a business on the property would have a significant negative effect on the traffic at this intersection.  They were concerned with the amount of vehicles that would be adding to an already congested intersection at peak hours.  They were concerned with the noise from the vehicles and the equipment from the proposed car wash, as well as safety for residents.  There are no sidewalks along Santiago and pedestrian safety is a very big concern.  

Mr. Kasperick said the noise data on the equipment was 94 decibels at the machine on site, being about 130 feet from the nearest residential property that would be about 35 decibels heard at the nearest home (about the decibel of a refrigerator). He said the design was developed to have the noise of the bays facing away from the easterly residential development.  The building permit process would instigate requirements for a queuing analysis for the development, as well as requirements for landscaping, road improvements such as curb gutter and sidewalk, stormwater runoff maintenance in addition to the building itself. The requirement for a traffic study is for any use that would instigate 500 vehicle trips per day, the proposed car wash is not anticipated to have more than 250 trips per day and would not require a traffic study.  

The Zoning Commission closed the public hearing and discussed the application. Commissioner David Goss was concerned that the applicant did not research the application process for a Special Review and a Variance for the property.  The zoning commissioners encouraged residents to seek help for a resolution to the traffic safety issues at this intersection.  A zone change application process is not a hearing that can address traffic and safety issues in a detailed or technical manner, and the traffic activity from the proposed development is not expected to trigger a traffic study. Standard regulatory access and site development requirements will be applied by the City for any development of the site.

A motion was made by Commissioner Dan Brooks to forward a recommendation of approval and adoption of the findings of the 10 review criteria to the City Council, the motion was seconded by Commissioner Greg McCall and passed with a 3-1 voice vote. 

After the meeting ended the applicants' agent Taylor Kasperick, wanted to reiterate the reason for the zone change application.  The following statement in an email was his concern with commissioner David Goss' comment; "I did want to follow up on Commissioner David Goss’ sentiments in relation to this property being evaluated as a special review first instead of a zone change, and his subsequent “nay” vote on approval seemingly because of this procedural difference. As the public comment period was over, I was not able to interject when the discussion was occurring but would have indicated that this was originally contemplated as a special review with variances, but per our email thread below (attached) was changed to the zone change process as the number of variances that would be necessitated based on the proposed use and physical constraints of the site. I wanted to bring this up in the event this same discussion happens at the City Council meeting, and I feel that it is an important fact that we originally discussed a special review and variances but changed to the zone change process as it is more straightforward for this site."  Correspondence with Nicole Cromwell; "I think pursuing the zone change for the carwash parcel is probably a better idea – at least it is more straightforward. An industrial zone would not work here but the CX is a possible good choice.  The car wash use allowed in CX and this little piece of CMU1 adjacent to the very large CX piece to the south seems out of synch." (email string attached).

The City Council may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1017; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1017; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.

Before making a decision the City Council will consider the findings of the following:
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:
Essential Investments:

• Infill development and development near existing City infrastructure may be the most cost-effective

Community Fabric:

• Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors

Prosperity:  (promoting equal opportunity and economic advancement)

• A diversity of available jobs can ensure a strong Billings’ economy
• Successful businesses that provide local jobs benefit the community
• Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
• Retaining and supporting existing businesses helps sustain a healthy economy

Generally, new development on a previously vacant and underutilized site will meet several aspects of the Growth Policy, specifically the ones described above. The property is presently an underutilized site with access to full city services. The general vicinity has existing commercial businesses like a gas station nearby which is compatible for the proposed use. The site is accessed from a principle arterial street which is designed to carry larger volumes of traffic. Principle arterials are suited well for uses within the CX district. Development of the site will require curb gutter and sidewalk improvements as well as landscaping. The proposed business will create employment opportunities. Further, this is a local business seeking to expand its ventures within the community with additional services. The owners also own the storage facility to the south of the subject property and believe the addition of a new car wash at this under utilized parcel would provide a new service to the area.

2.  Is the new zoning designed to secure from fire and other dangers? 
The Heavy Commercial (CX) Zone requires adequate building separations and density limits which creates security from fire and other dangers. Specifically, the CX zone regulates setbacks, lot coverage, height and other site characteristics which preserve the ability to protect from fire and other dangers.

3. Whether the new zoning will promote public health, public safety and general welfare? 
Public health and public safety are promoted by the proposed zoning. This is not a unique to the CX zone, but instead is promoted by all adopted zoning districts within the City of Billings. The site and structure regulations found in 27-400-6 in the CX district promote the minimum standards to ensure public healthy and safety and promote general welfare. 

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement? 
Transportation: The proposed zoning will not have a direct impact on the transportation system. The parcel will not have direct access to Blue Creek Road, an arterial street, which is designed to carry high volumes of traffic. The site itself will be accessed by Santiago Blvd. Most commercial zone districts have immediate or nearby access to arterial streets as it is necessary to accommodate the volume of trips per day associated with commercial development. These streets are designated to accommodate truck traffic as well as high volumes of daily traffic. The City Engineering Division stated if the proposed development has 500 Vehicle Trips Per Day per ITE Trip Generation then they would be required to submit a Traffic Impact Study.  The development of the parcel will determine if the ITE or a TIS is triggered. Independent of and in addition to the TIS, if they have a drive through they would always have to submit a queuing analysis to demonstrate that the drive through would have enough storage to not back up and impact Santiago Blvd nor Blue Creek Rd.  Blue Creek Road is maintained by MDT and it is its jurisdiction to grant approaches. On arterials, MDT discourages and often times will not approve accesses when there is an alternative. This is intentional as the more curb cuts and approaches or arterials the more safety concerns increase. This does not mean commercial uses are not appropriate along arterials, it means accesses need to be thoughtful and shared to the greatest extent possible. MDT may require a traffic study (TIS) because it would determine if intersection improvements are warranted as a result of the development.
Water and Sewer: the City is able to serve the property with utilities like water and sewer.
Schools and Parks: As a commercial use schools and parks are not negatively impacted from the proposed zone change. The property presently allows for commercial uses as does the proposed district therefore there is no change in the existing or future impact to these facilities.
Fire and Police: The subject property is presently served by city public safety services. The Police and Fire Departments had no concerns with the zone change. Both Police and Fire will continue to serve the property regardless of the zone district. 

5. Will the new zoning provide adequate light and air? 
Similar to criteria 2 and 3, the proposed CX zone, like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant therefore any new structure will be required to meet the standards required by Section 27-400-6.

6. Will the new zoning effect motorized and non-motorized transportation?
The property is undeveloped, so any improvements must consider the impact of traffic on the adjacent streets, and development would require curb and sidewalk to accommodate non motorized traffic.  A self-service car wash could potentially generate up to 5.54 trips per stall while an automated car wash generates 14.12 trips per 1,000 square feet during peak afternoon hours. Based on the ITE Trip Generation Manual, 7th Edition, land uses such as a car wash can expect a reduction in trips based on "pass-by" trip reduction. This is often utilized as land uses such as a car wash are utilized by those citizens that live in or around the facility, therefore reducing the traffic that is generated solely by the facility. With this, it is not anticipated the proposed change would have a significant impact on public improvements. The existing street is designed to handle any increase in traffic volume that may come as a result of new uses constructed on the property because of the zone change. The City has no resources, plans, studies, or otherwise that have identified capacity issues to suggest a use associated with the new zoning would create impacts that cannot be absorbed through the existing infrastructure. The new zoning designation itself should not have any measurable effect on the transportation system.

7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. The area has some vacant properties but the general vicinity is developed with a wide variety of uses that are compatible across multiple districts including CX and CMU1. The Property north of the subject parcel is zoned CMU2, and south is CX. Zoning to the west is N4, a residential district, and is outside the City Limits of Billings. The CX district does promote compatible urban growth considering the uses immediate to the subject property. It is typical to see commercial corridors that provide highway and driver oriented services. With the gas station, water facility, storage units and the proposed use it would not be out of character for the existing uses even with the proximity to residential uses in the general vicinity. 

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. The proposed zoning is identical to the zoning south of the subject property and is an appropriate zone with the adjacent businesses and arterial street.  The property to the north is a water distribution site, and north of that is a gas station on Blue Creek Road.  The closest residential property to the east is N3 and located about 122 feet from the eastern property line, and the N4 zone district about 170 feet to the west across Blue Creek Road. Criteria 7 may be cross-referenced.

9.   Will the new zoning conserve the value of buildings?
There are currently no buildings on the property, therefore the new zoning does not propose a risk of creating a non conformity or other value associated issues. Any new development must be in conformance with the zoning regulations. There has been no evidence to support the zone change will negatively affect the surrounding property and existing buildings. The new zoning is not expected to alter the value of any buildings in the area. 

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
As collectively mentioned in above criteria, the proposed zoning will encourage an appropriate commercial use and building form on this property.