|
Regular
|
| Board of Adjustment | |
| Date: | 03/01/2023 |
| Title: | Variance 1360 - 4825 Midland Rd - Front Lot Line Coverage, Build-to Zone, Parking Location, Window & Door Coverage |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends conditional approval of the variance request from Section 27-406, Table 27-400-3. A3 (Minimum Front Lot Line Coverage), A4 (Maximum Front Build-to Zone), B8 (Surface Parking Yard Location) and denial of a variance from D16 (Window and Door Coverage on Ground Story Façade) and adoption of the recommended findings of the review criteria for Variance 1360.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance request from Section 27-406, Table 27-400-3. A3 (Minimum Front Lot Line Coverage), A4 (Maximum Front Build-to Zone), B8 (Surface Parking Yard Location) and D16 (Window and Door Coverage on Ground Story Façade), in a CMU2 zone, on Lot 2A, Block 1, Billings Operations Center Subdivision, a .78 acre parcel of land. The variance would allow a greater building setback, relieve the requirement for minimum front lot line coverage, allow surface parking in the front yard, and reduce building façade requirements to accommodate a new commercial structure and the Suburban Ditch easement that crosses the street frontage of the parcel.
The Board of Adjustment previously granted a variance to the limitation of front yard parking at 3840 Zoo Drive for a new Costco (CX zone) and at 3160 S Frontage Rd for a new warehouse and office for Mobile Stor (CX zone). In addition, the Board granted a variance for property on Blue Creek Road (CMU1 zone) in 2021 to accommodate a 100-year flood plain that crossed the front of the property. A property at 3032 King Avenue West was granted a front lot line coverage reduction for a new Panda Express (CMU2 zone) due to the narrowness of the lot and the shared access easement for property to the south. These are similar requests although separated by degrees of intensity and use. The Costco parcel on Zoo Drive also had physical constraints (an irrigation ditch) and building functional needs for access. The Mobile Stor parcel on S Frontage Rd. also had site restrictions with three petroleum pipelines running through the parcel and a floodplain along the rear. The King Ave West parcel was burdened by topography and a shared access easement, while the Blue Creek Road parcel had a flood plain. The Board conditionally approved the Costco variance request in May 2022, and the S Frontage Road variance in February 2023. The Blue Creek Road variance was approved in May 2021 and the King Ave West variance was approved in October 2022. Additionally, in March 2022, the City Council approved a Special Review for an Auto repair center on Shiloh Crossing Blvd in a CMU2 zone that included a variance approval for relief from the front lot line building coverage.
There have been no variances granted from the window and door coverage requirement on the ground story facade. The width of the front portion of the proposed building is 30 feet, and the submitted elevations indicate the window and door coverage for the front of the building would be less than the required 65%. Other than the elevations submitted, the application did not include information for a variance from this item and there is no indication there is a hardship or other relevant finding that would support a variance for less than the required 65% of window and door coverage. Staff has elaborated on this item in the proposed findings and recommended conditions of approval.
APPLICATION DATA
OWNERS: Midland Shops, LLC
AGENT: Scott Atwood, Atwood Architecture
PURPOSE: Construct a new building behind the required maximum build-to area
LEGAL DESCRIPTION: Lot 2A, Block 1, Billings Operations Center Subdivision
ADDRESS: 4825 Midland Road
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Commercial building
EXISTING ZONING: CMU2
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: None
Land Use: Interstate 90
SOUTH: Zoning: Public 2 (P2)
Land Use: Billings Operations Center
EAST: Zoning: CMU2
Land Use: Office/warehouse - current lessor, Dotty's Casino Operations and Maintenance
WEST: Zoning: P2
Land Use: Vacant - City-owned
The Board of Adjustment previously granted a variance to the limitation of front yard parking at 3840 Zoo Drive for a new Costco (CX zone) and at 3160 S Frontage Rd for a new warehouse and office for Mobile Stor (CX zone). In addition, the Board granted a variance for property on Blue Creek Road (CMU1 zone) in 2021 to accommodate a 100-year flood plain that crossed the front of the property. A property at 3032 King Avenue West was granted a front lot line coverage reduction for a new Panda Express (CMU2 zone) due to the narrowness of the lot and the shared access easement for property to the south. These are similar requests although separated by degrees of intensity and use. The Costco parcel on Zoo Drive also had physical constraints (an irrigation ditch) and building functional needs for access. The Mobile Stor parcel on S Frontage Rd. also had site restrictions with three petroleum pipelines running through the parcel and a floodplain along the rear. The King Ave West parcel was burdened by topography and a shared access easement, while the Blue Creek Road parcel had a flood plain. The Board conditionally approved the Costco variance request in May 2022, and the S Frontage Road variance in February 2023. The Blue Creek Road variance was approved in May 2021 and the King Ave West variance was approved in October 2022. Additionally, in March 2022, the City Council approved a Special Review for an Auto repair center on Shiloh Crossing Blvd in a CMU2 zone that included a variance approval for relief from the front lot line building coverage.
There have been no variances granted from the window and door coverage requirement on the ground story facade. The width of the front portion of the proposed building is 30 feet, and the submitted elevations indicate the window and door coverage for the front of the building would be less than the required 65%. Other than the elevations submitted, the application did not include information for a variance from this item and there is no indication there is a hardship or other relevant finding that would support a variance for less than the required 65% of window and door coverage. Staff has elaborated on this item in the proposed findings and recommended conditions of approval.
APPLICATION DATA
OWNERS: Midland Shops, LLC
AGENT: Scott Atwood, Atwood Architecture
PURPOSE: Construct a new building behind the required maximum build-to area
LEGAL DESCRIPTION: Lot 2A, Block 1, Billings Operations Center Subdivision
ADDRESS: 4825 Midland Road
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Commercial building
EXISTING ZONING: CMU2
CONCURRENT APPLICATIONS
None
SURROUNDING ZONING & LAND USE
NORTH: Zoning: None
Land Use: Interstate 90
SOUTH: Zoning: Public 2 (P2)
Land Use: Billings Operations Center
EAST: Zoning: CMU2
Land Use: Office/warehouse - current lessor, Dotty's Casino Operations and Maintenance
WEST: Zoning: P2
Land Use: Vacant - City-owned
STAKEHOLDERS
Planning staff notified the surrounding property owners by mail, placed a legal advertisement in the Yellowstone County News, and posted the property with the required sign. No comments from any surrounding owners were received by Planning staff.
ALTERNATIVES
The Board of Adjustment may:
- Deny the requested variance and amend the findings of fact for the criteria;
- Delay action on the variance to a future BOA meeting.
FISCAL EFFECTS
Approval or denial of the requested variance will have no financial effect on the Planning Division budget.
SUMMARY
Prior to approval, the Board of Adjustment shall ensure that the determinations for variances (Sec. 27-1627.D and E.), as outlined below, have been satisfied:
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
The property is subject to physical constraints including a 30-foot ditch easement that runs through the south of the property, and a utility easement and a gas line easement on the south 11 feet of the parcel. In addition to the easements on the parcel the shape of the lot limits the ability to have adequate vehicular access and parking to the rear of the property as well as restrict the location of the building from the front lot line coverage to at least 90 feet from the front property line. The width to the south along Midland is approximately 178 feet of frontage along the ROW and narrows to about 59 feet wide on the north side (rear of the parcel). The property is adjacent to the interstate off ramp to the north, and has access to Midland Road to the south, however, the proposal is to provide access from the parcel to the east with an access easement/agreement with the adjacent property in an effort to provide the required parking. These are conditions that are peculiar to this location. There are no circumstances that would prevent the building from being designed with the required 65% of window and door coverage on the front facade of the building.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
There are several buildings in the area that have conformed to the zoning standards for the placement of parking, but these uses and tracts were not subject to the same physical constraints as this parcel and, except for the vacant parcel the west, were developed under the old code and so were not required to develop like new projects. The developed properties in proximity to the subject parcel have also been developed with parking in the front and side yards, and structures not close to the front property line as required under the CMU2 district. There are properties on the S Frontage Road corridor that have large front yard parking lots including Hogan Crane and Transport (3716 S Frontage Rd), Intermountain Distributing at (1010 Intermountain St), and the I-State Truck Center at (4600 S Frontage Road-also CMU2). Two previous variances in the CMU zone districts for new development restricted by easements or other restrictions have been approved that allowed buildings behind the maximum build-to range. In addition, the variance approved for the Costco Warehouse in 2022 is an example of similar variance request to allow front yard parking, but on a much larger scale of development.
Specific to the Doors/Windows requirement, there are other developed properties in the area that have less than the required front facade of window and door coverage, these properties were developed under the old code and if they were redeveloped or modified, there are rules in place under the code that allow specific relief from adherence to the current code depending on the extent of the redevelopment. Other than the other developed parcels in the area with less than the current code requirements for front facade design the literal interpretation of this chapter would not deprive the applicant of rights enjoyed by other tracts, there are no circumstances that would prevent the building from being designed with the required window and door coverage on the front facade of the building. This is an undeveloped parcel and the provisions of the code were developed to promote an aesthetically pleasing facade and promote design features to beautify the commercial developments.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Similar to the finding for criteria 2 above, the granting of this variance may not confer a special privilege on the applicant due to the existing developments in the area. In addition, there have been variances approved for parcels in CMU zones with similar hardships. There is existing developments in the area built under the previous code. Although this parcel is a CMU2 zoned parcel, the restrictions are similar, but on a much smaller scale than the previous approved variances in the CX zone districts. Another example of similar development approved with a variance occurred in March of 2022. The City Council approved a special review for an auto repair center on Shiloh Crossing Blvd in the CMU2 zone that included a variance approval for relief from the front lot line building coverage. The Board granted variances for new development on Blue Creek Road and King Ave West to accommodate restrictions to property in the CMU zone district. Specific to the doors/windows requirement, there are other developed properties in the area that have less than the required front facade of building and door coverage, these properties were developed under the old code and if they were redeveloped or modified, there are rules in place under the code to address these cases depending on the extent of the redevelopment. Approval of a variance for less than the required window and door coverage on the front facade would confer on the applicant a special privilege under the new code. This is an undeveloped parcel and the provisions of the code were developed to promote and aesthetically pleasing facade and promote design features to beautify the commercial developments.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
The 2016 Growth Policy and the 2021 Zoning Code adopted to further the Growth Policy goals, are intended to curtail the out-of-date development style of placing all new commercial development behind a sea of parking stalls. Approval of this variance with the provision of parking stalls along the front of the property, with a reciprocal access easement and agreement with the property owners to the east, will be in harmony with the general purposes and intent of the Growth Policy and zoning code. The appearance of the structure itself will be the most prominent feature from the right of way and a variance from the required window and door covering would not be harmony with the general purpose of the zoning code and the Growth Policy. As addressed in items 2 and 3 above, the zoning code was designed to address the Growth Policy intentions to promote aesthetically pleasing building facades in the commercial districts. Beautification of entryways and commercial districts is preferred under the Growth Policy.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;
Staff is recommending conditions for the approval of this variance request.
3) The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending conditions of approval that include time limits to begin and complete the project. Specifically the recommendation is that the applicant will complete the building permit process within 1 year of Board approval and complete the project within 3 years of Board approval.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Offices are allowed uses in the CMU2 zone.
Section 27-1627.D
1) That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
The property is subject to physical constraints including a 30-foot ditch easement that runs through the south of the property, and a utility easement and a gas line easement on the south 11 feet of the parcel. In addition to the easements on the parcel the shape of the lot limits the ability to have adequate vehicular access and parking to the rear of the property as well as restrict the location of the building from the front lot line coverage to at least 90 feet from the front property line. The width to the south along Midland is approximately 178 feet of frontage along the ROW and narrows to about 59 feet wide on the north side (rear of the parcel). The property is adjacent to the interstate off ramp to the north, and has access to Midland Road to the south, however, the proposal is to provide access from the parcel to the east with an access easement/agreement with the adjacent property in an effort to provide the required parking. These are conditions that are peculiar to this location. There are no circumstances that would prevent the building from being designed with the required 65% of window and door coverage on the front facade of the building.
2) That a literal interpretation of the provisions of this Chapter would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
There are several buildings in the area that have conformed to the zoning standards for the placement of parking, but these uses and tracts were not subject to the same physical constraints as this parcel and, except for the vacant parcel the west, were developed under the old code and so were not required to develop like new projects. The developed properties in proximity to the subject parcel have also been developed with parking in the front and side yards, and structures not close to the front property line as required under the CMU2 district. There are properties on the S Frontage Road corridor that have large front yard parking lots including Hogan Crane and Transport (3716 S Frontage Rd), Intermountain Distributing at (1010 Intermountain St), and the I-State Truck Center at (4600 S Frontage Road-also CMU2). Two previous variances in the CMU zone districts for new development restricted by easements or other restrictions have been approved that allowed buildings behind the maximum build-to range. In addition, the variance approved for the Costco Warehouse in 2022 is an example of similar variance request to allow front yard parking, but on a much larger scale of development.
Specific to the Doors/Windows requirement, there are other developed properties in the area that have less than the required front facade of window and door coverage, these properties were developed under the old code and if they were redeveloped or modified, there are rules in place under the code that allow specific relief from adherence to the current code depending on the extent of the redevelopment. Other than the other developed parcels in the area with less than the current code requirements for front facade design the literal interpretation of this chapter would not deprive the applicant of rights enjoyed by other tracts, there are no circumstances that would prevent the building from being designed with the required window and door coverage on the front facade of the building. This is an undeveloped parcel and the provisions of the code were developed to promote an aesthetically pleasing facade and promote design features to beautify the commercial developments.
3) That granting the variance requested will not confer on the applicant any special privilege that is denied by this zoning code to other land in the same district.
Similar to the finding for criteria 2 above, the granting of this variance may not confer a special privilege on the applicant due to the existing developments in the area. In addition, there have been variances approved for parcels in CMU zones with similar hardships. There is existing developments in the area built under the previous code. Although this parcel is a CMU2 zoned parcel, the restrictions are similar, but on a much smaller scale than the previous approved variances in the CX zone districts. Another example of similar development approved with a variance occurred in March of 2022. The City Council approved a special review for an auto repair center on Shiloh Crossing Blvd in the CMU2 zone that included a variance approval for relief from the front lot line building coverage. The Board granted variances for new development on Blue Creek Road and King Ave West to accommodate restrictions to property in the CMU zone district. Specific to the doors/windows requirement, there are other developed properties in the area that have less than the required front facade of building and door coverage, these properties were developed under the old code and if they were redeveloped or modified, there are rules in place under the code to address these cases depending on the extent of the redevelopment. Approval of a variance for less than the required window and door coverage on the front facade would confer on the applicant a special privilege under the new code. This is an undeveloped parcel and the provisions of the code were developed to promote and aesthetically pleasing facade and promote design features to beautify the commercial developments.
4) That the granting of the variance will be in harmony with the general purpose and intent of this zoning code and with the Growth Policy.
The 2016 Growth Policy and the 2021 Zoning Code adopted to further the Growth Policy goals, are intended to curtail the out-of-date development style of placing all new commercial development behind a sea of parking stalls. Approval of this variance with the provision of parking stalls along the front of the property, with a reciprocal access easement and agreement with the property owners to the east, will be in harmony with the general purposes and intent of the Growth Policy and zoning code. The appearance of the structure itself will be the most prominent feature from the right of way and a variance from the required window and door covering would not be harmony with the general purpose of the zoning code and the Growth Policy. As addressed in items 2 and 3 above, the zoning code was designed to address the Growth Policy intentions to promote aesthetically pleasing building facades in the commercial districts. Beautification of entryways and commercial districts is preferred under the Growth Policy.
Section 27-1627.E
2) In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code;
Staff is recommending conditions for the approval of this variance request.
- The variance is to allow variance request from Section 27-406, Table 27-400-3. A3 (Minimum Front Lot Line Coverage), A4 (Maximum Front Build-to Zone), B8 (Surface Parking Yard Location), in a CMU2 zone, as depicted on the submitted site plan for the new building. No other variance is intended or implied.
- The variance from D16 (Window and Door Coverage on Ground Story Façade) is not approved with this variance and the design of the submitted elevation must be modified to meet the 65% window and door coverage requirements under the CMU2 zone district.
- The variance is limited to Lot 2A, Block 1, Billings Operations Center Subdivision, generally located at 4825 Midland Road.
- The structure will be built in substantial conformance to the drawings submitted with this variance request, except for condition 2 above concerning window and door coverage on the front facade. Minor modifications to the location of the proposed structures and other site improvement as shown on the submitted site plans is allowed.
- The applicant will complete the building permit process within 1 year of Board approval and complete the project within 3 years of Board approval.
- The applicant will install two street trees in the area between the row of parking stalls at the south edge of the property and the city sidewalk on Midland Road. Trees will be chosen that are listed as recommended for boulevards on the City of Billings tree list.
- All other zoning regulations, except for these specific variances, and any other applicable city regulations apply to the development of the site.
- Failure to begin or complete actions required by this approval within the time limits set forth shall void this variance.
- These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease-holders, heirs and assigns.
3) The Board shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending conditions of approval that include time limits to begin and complete the project. Specifically the recommendation is that the applicant will complete the building permit process within 1 year of Board approval and complete the project within 3 years of Board approval.
4) Under no circumstances shall the Board grant a variance to allow a use not permissible under the terms of this zoning code in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other properties in the district.
The granting of this variance would not allow a use that is not allowed in the zoning district. Offices are allowed uses in the CMU2 zone.