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| Zoning Commission | |
| Date: | 03/07/2023 |
| Title: | Zone Change 1022 - 630 Logan Lane - NO to NMU |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending approval and adoption of the findings of the 10 review criteria for Zone Change 1022.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request for property at 630 Logan Lane that is currently zoned Neighborhood Office (NO). The proposed zoning is Neighborhood Mixed Use (NMU), a zoning intended to provide another level of services within neighborhoods or along corridors within neighborhoods. Logan Lane is a small east/west connecting street between Main Street, a large commercial corridor, and Bench Boulevard, a smaller mixed use corridor. A range of uses can occur along a connecting corridor including offices, small service businesses and all types of residential housing from single family to multifamily. The purpose of this zone change is to allow the structures on the property to be converted for use by the Billings Islamic Center, a new owner of the property. Religious assembly uses are not allowed by right in the NO zone district, but are allowed in the NMU district.
The previous zoning along this connecting corridor was Highway Commercial from Main Street to the BBWA lateral drain ditch that crosses Logan Lane about 850 feet to the east. The zoning changed at this point to Residential 6,000 (R-60) and continued to the east with the intersection with Bench Boulevard. The previous zone of Highway Commercial (HC) allowed a wide variety of sometimes incompatible uses such as lumberyards, single family homes and multifamily apartments. While some locations with this zoning stayed relatively compatible, others did not. When the city and county embarked on updating the zoning code and districts in 2017, the intent was to "right-zone" developed property to encourage more predictable and compatible uses moving forward. Some of the most challenging areas for updating zone districts included these connecting corridors where both the city and county made zoning decisions that appeared to create uniformity, but did not. There are two single family homes to the west of the subject property - closer to Main Street. These two homes sit just west of the Cono-mart gas station and convenience store at the corner of Logan Ln and Main Street and just north of the Franz Bakery Outlet on Main Street. Directly to the east is a heavy commercial zone where an industrial generator sales and service provider is located. Just east of this business are two more single family homes then an office building at 718 Logan Lane, owned by a ranch from Custer MT. East of the ditch crossing, the area becomes more residential and compatible with adjacent uses. The zone district update reflects the existing developed uses on the west end of Logan Lane so this lot, and the other lots developed for single family uses, were zoned Neighborhood Office, and not Heavy Commercial (CX), the corollary zone district to Highway Commercial. In addition, the Four Season Shopping Center on the north side of Logan Lane was updated to Corridor Mixed Use 2 (CMU2), to reflect the actual development and uses on the property.
The property was converted several decades ago in 1972, from a residential dwelling to a service business - Downer's TV. The business thrived for several decades but was eventually replaced with other service oriented businesses such as Talktronics and more recently, Prestige Construction. The Islamic Center purchased the property in August 2022 from an investment company in Missoula, Canyon Creek Investments.
The south side of Logan Lane is still built to a county road section standard without curbs, gutters or sidewalks. The north side of Logan Lane next the Four Seasons Shopping Center has done city level street improvements over the years to include all "complete street" improvements including a sidewalk, curbs, and gutters. The remaining sections of Logan Lane are still 24 feet of pavement, with gravel edges. The Logan Lane right of way west of the ditch crossing is 53.5 feet in width with about 30 feet of pavement width to accommodate two westbound lanes on the north side and one eastbound lane on the south side. East of the ditch crossing the right of way width decreases to about 37 feet and about 18 to 20 feet of pavement with gravel shoulders on both sides. No traffic counts have been done on Logan Lane, but it serves as the only signalized entry point to the Four Seasons Shopping Center. All the remaining entries and exits to the shopping center are not signalized. It is likely traffic exiting the shopping center and heading south on Main Street would use the signalized intersection. Main Street at this location is seven lanes wide and carries about 25,000 vehicle trips per day. Entering or crossing this many lanes of traffic with this volume and speed is safer at a signalized intersection.
The new owners would like to establish a place for residents and visitors of the Islamic faith to gather for prayer, religious services, as well as community and social gatherings. The owners intend to renovate and improve the property over time but do not have plans to demolish any structures. In general, our zoning code allows all types of assembly uses, religious or not, in most commercial zone districts. The NO district is our lowest intensity commercial district and is intended mostly for professional offices and for residential uses. The NMU zone, the next step in the zone district assembly, is intended for a wider variety of commercial uses including services that go beyond the typical work day of 9 am to 5 pm and can include restaurants, craftsman such as jewelers and tailors as well as retail and assembly spaces such as schools, and places for religious worship. While religious assembly uses are allowed by special review approval in all other districts, the applicants prefer to have an allowed use and the correct zoning for the proposed use.
The applicant conducted the required pre-application neighborhood meeting and Planning staff has reviewed the submitted materials for the zone change application. Planning staff is recommending approval based on the proposed findings of the 10 review criteria for zone changes. The proposed zoning will fit in with the adjacent uses and zoning districts surrounding the property. A re-use of the existing structure for a place of worship and community gathering will enhance the existing community fabric in this area. The ease of access to and from Main Street as well as a second connection to the east (Bench Blvd) should alleviate any traffic concerns. Property improvements including better maintenance of the buildings and grounds will improve the area as well. The use will not have any impact on schools, water or sewer services or public safety services.
The previous zoning along this connecting corridor was Highway Commercial from Main Street to the BBWA lateral drain ditch that crosses Logan Lane about 850 feet to the east. The zoning changed at this point to Residential 6,000 (R-60) and continued to the east with the intersection with Bench Boulevard. The previous zone of Highway Commercial (HC) allowed a wide variety of sometimes incompatible uses such as lumberyards, single family homes and multifamily apartments. While some locations with this zoning stayed relatively compatible, others did not. When the city and county embarked on updating the zoning code and districts in 2017, the intent was to "right-zone" developed property to encourage more predictable and compatible uses moving forward. Some of the most challenging areas for updating zone districts included these connecting corridors where both the city and county made zoning decisions that appeared to create uniformity, but did not. There are two single family homes to the west of the subject property - closer to Main Street. These two homes sit just west of the Cono-mart gas station and convenience store at the corner of Logan Ln and Main Street and just north of the Franz Bakery Outlet on Main Street. Directly to the east is a heavy commercial zone where an industrial generator sales and service provider is located. Just east of this business are two more single family homes then an office building at 718 Logan Lane, owned by a ranch from Custer MT. East of the ditch crossing, the area becomes more residential and compatible with adjacent uses. The zone district update reflects the existing developed uses on the west end of Logan Lane so this lot, and the other lots developed for single family uses, were zoned Neighborhood Office, and not Heavy Commercial (CX), the corollary zone district to Highway Commercial. In addition, the Four Season Shopping Center on the north side of Logan Lane was updated to Corridor Mixed Use 2 (CMU2), to reflect the actual development and uses on the property.
The property was converted several decades ago in 1972, from a residential dwelling to a service business - Downer's TV. The business thrived for several decades but was eventually replaced with other service oriented businesses such as Talktronics and more recently, Prestige Construction. The Islamic Center purchased the property in August 2022 from an investment company in Missoula, Canyon Creek Investments.
The south side of Logan Lane is still built to a county road section standard without curbs, gutters or sidewalks. The north side of Logan Lane next the Four Seasons Shopping Center has done city level street improvements over the years to include all "complete street" improvements including a sidewalk, curbs, and gutters. The remaining sections of Logan Lane are still 24 feet of pavement, with gravel edges. The Logan Lane right of way west of the ditch crossing is 53.5 feet in width with about 30 feet of pavement width to accommodate two westbound lanes on the north side and one eastbound lane on the south side. East of the ditch crossing the right of way width decreases to about 37 feet and about 18 to 20 feet of pavement with gravel shoulders on both sides. No traffic counts have been done on Logan Lane, but it serves as the only signalized entry point to the Four Seasons Shopping Center. All the remaining entries and exits to the shopping center are not signalized. It is likely traffic exiting the shopping center and heading south on Main Street would use the signalized intersection. Main Street at this location is seven lanes wide and carries about 25,000 vehicle trips per day. Entering or crossing this many lanes of traffic with this volume and speed is safer at a signalized intersection.
The new owners would like to establish a place for residents and visitors of the Islamic faith to gather for prayer, religious services, as well as community and social gatherings. The owners intend to renovate and improve the property over time but do not have plans to demolish any structures. In general, our zoning code allows all types of assembly uses, religious or not, in most commercial zone districts. The NO district is our lowest intensity commercial district and is intended mostly for professional offices and for residential uses. The NMU zone, the next step in the zone district assembly, is intended for a wider variety of commercial uses including services that go beyond the typical work day of 9 am to 5 pm and can include restaurants, craftsman such as jewelers and tailors as well as retail and assembly spaces such as schools, and places for religious worship. While religious assembly uses are allowed by special review approval in all other districts, the applicants prefer to have an allowed use and the correct zoning for the proposed use.
The applicant conducted the required pre-application neighborhood meeting and Planning staff has reviewed the submitted materials for the zone change application. Planning staff is recommending approval based on the proposed findings of the 10 review criteria for zone changes. The proposed zoning will fit in with the adjacent uses and zoning districts surrounding the property. A re-use of the existing structure for a place of worship and community gathering will enhance the existing community fabric in this area. The ease of access to and from Main Street as well as a second connection to the east (Bench Blvd) should alleviate any traffic concerns. Property improvements including better maintenance of the buildings and grounds will improve the area as well. The use will not have any impact on schools, water or sewer services or public safety services.
STAKEHOLDERS
Planning staff notified the surrounding owners, published a legal ad and posted the property as required by the zoning regulations. Planning staff has not received any correspondence on the proposed zone change from surrounding owners.
ALTERNATIVES
The Zoning Commission may take one of the following actions:
- Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1022; or,
- Recommend denial and adopt different findings of the ten review criteria for Zone Change 1022; or,
- Delay action on the zone change request for up to 30 days; or,
- Allow the applicant to withdraw the zone change request.
FISCAL EFFECTS
Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.
SUMMARY
Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
Essential Investments (relating public and private expenditures to public values)
1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
- Infill development and development near existing City infrastructure may be the most cost-effective
- Neighborhoods that are safe and attractive and provide essential services are much desired
Mobility and Access (transportation choices in places where goods and services are accessible to all)
- Connecting people to places with transportation choices is vital to the well-being of Billings’ residents, businesses and visitors
- Development oriented to transit routes will provide more transportation choices and is preferred
Prosperity (promoting equal opportunity and economic advancement)
- Retaining and supporting existing businesses helps sustain a healthy economy
The proposed zoning would allow an existing commercial property to be converted to a place of worship for people of the Islamic faith who either live in Billings or are visiting Billings. There are no other locations in Billings that serve as a place of prayer or worship for the Islamic community. The proposed zone aligns with allowed continued light commercial development along the south side of Logan Lane west of the ditch crossing. The NMU district allows neighborhood services, assembly uses and the proposed project will refresh the existing buildings, improving the aesthetic of the property and the south side of Logan Lane.
The proposed zoning is also supported by the Billings Heights Neighborhood Plan that indicated the area between the parallel streets of Main Street and Bench Boulevard would be areas where mixed uses and higher density housing might develop. A gradual and incremental change from residential uses to mixed uses is desirable.
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum setbacks, open and landscaped areas and building separations. The new zoning, as do all zoning districts, provides adequate building separations and density limits to provide security 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 NMU zone, but instead is promoted by all adopted zoning districts within the City of Billings. The site and structure regulations found in 27-400-4 in the NMU district promote the minimum standards to ensure public healthy and safety and promote general welfare. Public health and public safety will be promoted by the proposed zone change. The proposed NMU zoning would allow the owner to ensure future development is not intrusive to neighboring property, and still allow compatible uses with the adjacent zoning. Upgrading an older commercial structure for a place of community assembly and religious worship will be beneficial for general health and welfare of the district.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will have no appreciable effect on the adjacent transportation network. During religious holidays or events there may be a need to secure additional parking from nearby neighbors, but these are ephemeral events.
Water and Sewer: The City provides water and sewer to the property. The Public Works Department which includes city utilities voiced no concerns.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed development does not include residential uses, therefore, additional students due to this zone change would not be anticipated.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments 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 NMU 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 27-400-4.
The proposed zoning is also supported by the Billings Heights Neighborhood Plan that indicated the area between the parallel streets of Main Street and Bench Boulevard would be areas where mixed uses and higher density housing might develop. A gradual and incremental change from residential uses to mixed uses is desirable.
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum setbacks, open and landscaped areas and building separations. The new zoning, as do all zoning districts, provides adequate building separations and density limits to provide security 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 NMU zone, but instead is promoted by all adopted zoning districts within the City of Billings. The site and structure regulations found in 27-400-4 in the NMU district promote the minimum standards to ensure public healthy and safety and promote general welfare. Public health and public safety will be promoted by the proposed zone change. The proposed NMU zoning would allow the owner to ensure future development is not intrusive to neighboring property, and still allow compatible uses with the adjacent zoning. Upgrading an older commercial structure for a place of community assembly and religious worship will be beneficial for general health and welfare of the district.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will have no appreciable effect on the adjacent transportation network. During religious holidays or events there may be a need to secure additional parking from nearby neighbors, but these are ephemeral events.
Water and Sewer: The City provides water and sewer to the property. The Public Works Department which includes city utilities voiced no concerns.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed development does not include residential uses, therefore, additional students due to this zone change would not be anticipated.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments 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 NMU 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 27-400-4.
6. Will the new zoning effect motorized and non-motorized transportation?
The existing property does not have city-level street front improvements. The city may require these improvements in the future through a special improvement district, but traffic volume is very low on this street. The existing street can handle any small increase in traffic volume. 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. Property east of the subject parcel is zoned CX - Heavy Commercial. The Four Seasons Shopping Center to the north is zoned CMU2 and the property to the south is zoned CMU1 (Franz Bakery Outlet). The two single family homes to the west are zoned NO. The zoning does promote compatible urban growth.
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 will allow a religious assembly and neighborhood services on a small connecting street close to a signalized intersection on Main Street, a major commercial corridor. The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. Property east of the subject parcel is zoned CX - Heavy Commercial. The Four Seasons Shopping Center to the north is zoned CMU2 and the property to the south is zoned CMU1 (Franz Bakery Outlet). The two single family homes to the west are zoned NO. The property is suitable for the proposed use and will fit in with the character of the surrounding districts.
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. Any re-development or remodeling of the property will need to meet the site development requirements for proportionate compliance with zoning standards (if any), including landscaping, screening, building heights and setbacks.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the re-use of the property in a mixed use area and will encourage the most appropriate use of land in the district. Supporting local religious communities is beneficial to the economic growth and social/neighborhood fabric for the City of Billings.