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Item 2.
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| City Council Regular | |
| Date: | 10/24/2022 |
| Title: | City Zone Change 1018 - 2110, 2116, 2130 Bench Blvd.- NX1 to NX1 & CX First Reading |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
| Legal Review | Not Applicable |
RECOMMENDATION
The City Zoning Commission is forwarding a recommendation of approval based on the findings of the 10 criteria for Zone Change 1018.
REQUEST
City Zone Change 1018 – 2110/2116/2130 Bench Blvd – NX1 to NX1 and CX - A zone change request from Mixed Residential 1 (NX1 – 1 to 4 unit buildings) to NX1 and Heavy Commercial (CX), on Lot 9A of Amended Holling Ranch Sub and Parcel A (less 815 sf for Bench ROW) of C/S 451, a 2.91 acre parcel of land. A pre-application neighborhood meeting was held on August 11, 2022, at Medicine Crow Middle School. Tax IDs: D05197A, D05198
APPLICATION DATA
OWNER: Old Hickory Shed, LLC and Randy Miller
AGENT: IMEG Corp.- Shawn Thorson
LEGAL DESCRIPTION: Lot 9A of Amended Holling Ranch Sub and Parcel A (less 815 sf for Bench ROW) of C/S 451
ADDRESS: 2110, 2116, 2130 Bench Blvd
CURRENT ZONING: NX1
EXISTING LAND USE: Residential
PROPOSED USE: Residential and commercial
SIZE OF PARCEL: 2.91 acres
CONCURRENT APPLICATIONS
None
SURROUNDING LAND USE & ZONING
NORTH: Zoning: CMU1
Land Use: Pet daycare and grooming
SOUTH: Zoning: NX1
Land Use: Residential
EAST: Zoning: N2
Land Use: Residential
WEST: Zoning: CX
Land Use: Commercial
REQUEST
City Zone Change 1018 – 2110/2116/2130 Bench Blvd – NX1 to NX1 and CX - A zone change request from Mixed Residential 1 (NX1 – 1 to 4 unit buildings) to NX1 and Heavy Commercial (CX), on Lot 9A of Amended Holling Ranch Sub and Parcel A (less 815 sf for Bench ROW) of C/S 451, a 2.91 acre parcel of land. A pre-application neighborhood meeting was held on August 11, 2022, at Medicine Crow Middle School. Tax IDs: D05197A, D05198
APPLICATION DATA
OWNER: Old Hickory Shed, LLC and Randy Miller
AGENT: IMEG Corp.- Shawn Thorson
LEGAL DESCRIPTION: Lot 9A of Amended Holling Ranch Sub and Parcel A (less 815 sf for Bench ROW) of C/S 451
ADDRESS: 2110, 2116, 2130 Bench Blvd
CURRENT ZONING: NX1
EXISTING LAND USE: Residential
PROPOSED USE: Residential and commercial
SIZE OF PARCEL: 2.91 acres
CONCURRENT APPLICATIONS
None
SURROUNDING LAND USE & ZONING
NORTH: Zoning: CMU1
Land Use: Pet daycare and grooming
SOUTH: Zoning: NX1
Land Use: Residential
EAST: Zoning: N2
Land Use: Residential
WEST: Zoning: CX
Land Use: Commercial
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
A zone change request from Mixed Residential 1 (NX1 – 1 to 4 unit buildings) to NX1 and Heavy Commercial (CX), on Lot 9A of Amended Holling Ranch Sub and Parcel A (less 815 sf for Bench ROW) of C/S 451, a 2.91 acre parcel of land. A pre-application neighborhood meeting was held on August 11, 2022, at Medicine Crow Middle School. The intent, if approved, is to relocate the zoning to align with the proposed change area and allow the existing business to the west to acquire 1.93 acres of the subject property to continue using it for its business. There are currently three single family dwellings on the easterly portion of the properties adjacent to Bench Blvd. Approval of the zone change may trigger a requirement for the CX zoned property to install a landscaping buffer along the new property line on the westerly side of the NX1 zone parcel per section 27-1204 (bufferyards required). The bufferyard would only be triggered by any building additions or expansion of the existing business, the zone change alone will not trigger the improvement.
The applicant has indicated in their statement a "grandfathered use", however there is no "grandfathered use" on the property. Currently, and in recent history, the Shed Company has been storing sheds on the property that is currently zoned NX1, this is a "non-conforming" use. It is not known or documented how long the business has been utilizing the property for storage for the business, and it is not considered a use that can continue without the benefit of a zone change. In this case the zone change is necessary for the business to continue using the property for commercial business storage.
The applicant has indicated in their statement a "grandfathered use", however there is no "grandfathered use" on the property. Currently, and in recent history, the Shed Company has been storing sheds on the property that is currently zoned NX1, this is a "non-conforming" use. It is not known or documented how long the business has been utilizing the property for storage for the business, and it is not considered a use that can continue without the benefit of a zone change. In this case the zone change is necessary for the business to continue using the property for commercial business storage.
STAKEHOLDERS
The applicant conducted a pre-application meeting at the subject property on August 11, 2022. There were six members of the public in attendance. The synopsis of the meeting and the attendance list are attached to this report.
The Zoning Commission conducted a public hearing on October 4, 2022, and received the staff recommendation of approval and testimony from the applicant and agent. One member of the public spoke in opposition of the zone change. Kristi Johnson, lives in the residential subdivision across Bench Blvd. She voiced concerns that the zone change to CX would encourage the Hickory Shed business to continue using Bench Blvd. for access to the business that is on the Main Street side of the properties. She said that she felt the zone change to CX was incompatible and inconsistent with the surrounding residential neighborhood.
Commissioner Dan Brooks asked if the access on bench was an allowed driveway access for the shed business. Staff clarified that Bench Blvd. is a principal arterial street in Billings and the property owners can use the driveway off of Bench Blvd to access their property. The subject property is owned by the shed company so there is not a restriction from using the driveway to access Bench Blvd.
Commissioners discussed the possibility of requiring a sight obscuring fence along with landscaping to buffer the residential property. Nicole Cromwell, said the new zone of CX has a requirement for landscaping buffer between residentially zoned properties, however the improvements would be triggered by any building additions or expansion of business on the Hickory Shed business portion of the property, the zone change itself would not require them to add a landscape buffer or a fence. Commissioner McCall asked for clarification of the previous zoning. Staff clarified that the zoning on the parcels west of Bench and East of Main were all Highway Commercial (HC) under the old code, and the new code was changed to CX along Main to encompass the commercial uses and NX along Bench to encompass the most appropriate zone for the residential uses.
Commission Vice chair Greg McCall closed the public hearing. Commissioner Trina White made a motion to recommend approval and adoption of the proposed findings of the 10 review criteria for Zone Change 1018. The motion was seconded by Commissioner Dan Brooks and was approved on a 5-0 vote.
The Zoning Commission conducted a public hearing on October 4, 2022, and received the staff recommendation of approval and testimony from the applicant and agent. One member of the public spoke in opposition of the zone change. Kristi Johnson, lives in the residential subdivision across Bench Blvd. She voiced concerns that the zone change to CX would encourage the Hickory Shed business to continue using Bench Blvd. for access to the business that is on the Main Street side of the properties. She said that she felt the zone change to CX was incompatible and inconsistent with the surrounding residential neighborhood.
Commissioner Dan Brooks asked if the access on bench was an allowed driveway access for the shed business. Staff clarified that Bench Blvd. is a principal arterial street in Billings and the property owners can use the driveway off of Bench Blvd to access their property. The subject property is owned by the shed company so there is not a restriction from using the driveway to access Bench Blvd.
Commissioners discussed the possibility of requiring a sight obscuring fence along with landscaping to buffer the residential property. Nicole Cromwell, said the new zone of CX has a requirement for landscaping buffer between residentially zoned properties, however the improvements would be triggered by any building additions or expansion of business on the Hickory Shed business portion of the property, the zone change itself would not require them to add a landscape buffer or a fence. Commissioner McCall asked for clarification of the previous zoning. Staff clarified that the zoning on the parcels west of Bench and East of Main were all Highway Commercial (HC) under the old code, and the new code was changed to CX along Main to encompass the commercial uses and NX along Bench to encompass the most appropriate zone for the residential uses.
Commission Vice chair Greg McCall closed the public hearing. Commissioner Trina White made a motion to recommend approval and adoption of the proposed findings of the 10 review criteria for Zone Change 1018. The motion was seconded by Commissioner Dan Brooks and was approved on a 5-0 vote.
ALTERNATIVES
The City Council may:
- Recommend Approval of the Zone Change and adopt the findings of the 10 review criteria; or,
- Recommend Denial of the Zone Change and adopt different findings of the 10 review criteria; or,
- Delay action on the zone change request for up to 30 days; or,
- Allow the applicant to withdraw the application.
FISCAL EFFECTS
Approval or denial of the proposed zone change should not have an effect on the Planning Division budget.
SUMMARY
Prior to any decision the City Council shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is most consistent with the following guidelines of the 2016 Growth Policy:
Prosperity (promoting equal opportunity and economic advancement)
Prosperity (promoting equal opportunity and economic advancement)
- Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers
- 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
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning (Heavy Commercial) requires minimum setbacks, open and landscaped areas and building separations which creates security from fire and other dangers. The new zoning, as do all zoning districts, provides adequate building separations. This is an already constructed and established business location, and it appears to meet the separation requirements for the district. The existing single family dwellings appear to be constructed in compliance with these separation requirements. Approval of the zone change coupled with future business expansion will trigger a requirement for the CX zoned property to install a landscaping buffer along the new property line on the westerly side of the NX1 zone parcel per section 27-1204 (bufferyards required). The nearest fire hydrant is approximately 360 feet from the subject property and serviced by the City of Billings Fire Department.
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. The proposed zoning of CX would allow the owners to expand the existing business operation at this location. If expanded it would ensure the residential uses are buffered from the commercial use with the requirement of landscaping buffer yard. The approval of the zone change should not have negative affects on the public health, safety and welfare given the existing conditions and site requirements.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning itself will not increase the traffic at this location. The residential use along Bench Blvd. will not increase, so the traffic should continue to be consistent with existing conditions. The existing commercial use has access along Main Street, a principal arterial, a street designed to handle high volumes of traffic. It is with business expansion traffic can increase, but the amount is largely unknown as it will depend on the business itself and the amount of increased production and delivery it provides.
Water and Sewer: Water is provided by the Heights Water District and sewer is provided by the City of Billings. There are no anticipated impacts related to these services for the expansion of an existing business in an already established service area.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. These uses are impacted through additional residential development. This is a commercial development therefore there are no identified concerns for parks and schools.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments were consulted and had no concerns with the zone change.
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. The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. The existing buildings are sited in a way which also provides adequate light and air.
6. Will the new zoning effect motorized and non-motorized transportation?
Traffic generation for the existing residential uses will remain the same. The existing commercial business is accessed from Main Street. There is likely to be an increase in traffic with any commercial business expansion, but there are no concerns given the property is accessed from Main Street which is a principal arterial. Principal arterials even with high volumes of traffic are designed to carry the maximum traffic. Traffic counts in this area are estimated to be 18,140 at the intersection of Main Street and Wicks. This subject property is north of this intersection. With the businesses being existing, any increase to this principal arterial would be negligible.
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. Existing CX zones are located immediately west. Additionally, if the business is expanded, site and landscape requirements of the CX district will promote compatibility specifically by requiring a landscaped buffer to residential zones.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
This is a suitable use for this parcel of land and the zoning is appropriate in this situation. The shed company had been storing sheds on their property that is NX1, City Code Enforcement received a complaint about it and it was resolved by letting them put the sheds on the back side of the property near the CX zone. Therefore, the expansion of the CX zone would bring the property into compliance. The proposed zoning is identical to the zoning west of the subject property and is an appropriate zone with the adjacent businesses and arterial street.
9. Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. Due to the existing businesses and established zones at the west of this location the similarity in use should not affect value of adjacent or neighboring properties. There has been no evidence to support the zone change will negatively affect the surrounding property and existing buildings.
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 maintain the existing residential use on this property.