Planning staff is recommending approval and adoption of the findings of the 10 review criteria for Zone Change 1043.
 

This is a zone change request for a parcel located at 4190 S Frontage Road from Residential Manufactured Home (RMH) to Heavy Commercial (CX), a zoning that would allow the development of small shops or storage for businesses. The proposed zoning is compatible and identical to the zoning to the east. To the west is the Agricenter Subdivision also zoned RMH but outside the city limits. These lots have public water through "county" water lines installed decades ago when the subdivision was developing. At the west boundary line with the manufactured home subdivision there is a fence but no other bufferyard between the properties. The subject property has been within the city limits since the early 1980s. Recently the manufactured homes were removed from the property. Dwellings cannot be re-established on the property without extension of a city sewer line to the property. The cost of the sewer extension is large compared to the development potential in the RMH zone on the small property. The proposed zone change will allow the property to be developed for one or two small shops or for storage purposes. Any new development on the property will require installation of a bufferyard on the west property line.

S. Frontage Road is an arterial street that currently handles over 5,000 vehicle trips per day and has posted speeds over 50 mph. This type of street frontage does not support the development of a small, manufactured home park. The continued development of large commercial warehouses and businesses to the east and south contributes to the incompatibility of the current RMH zone. Smaller lots for local businesses would add value to the existing development pattern and allow the existing RMH neighborhood to the west to be buffered from these more intense developments.

The proposed CX zone does allow a wide variety of commercial uses. Some of these uses will not be likely on a parcel of this size and limitation. For example, a hotel or restaurant would not fit well on this site given the high-speed arterial frontage and the adjacent uses. In addition, these uses would require a costly extension of the city sewer line. The proposed uses will not require an extension of the city sewer line.
 

The applicant held a pre-application neighborhood meeting on January 18, 2024, at the Powderhorn Cafe. Six surrounding property owners signed into the meeting. The primary concern expressed by the surrounding owners was regarding noise, lighting and traffic (entry and exit). Planning staff sent the required mailed notices, posted the property, posted a synopsis of the application on the Current Zoning Application webpage, and published the legal information for the Zoning Commission hearing. No public comments were received by the Planning staff prior to this report.

The City Zoning Commission may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1043; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1043; or,
• Delay action on the zone change request for up to 60 days at the request of the applicant or on its own motion; or
• Allow the applicant to withdraw the zone change request.

The Zoning Commission is required to make a recommendation to the City Council on this application for zone change. The application will not proceed to the City Council without a recommendation. The applicant has not requested a delay or withdrawal of the application.
 

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

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:

• Infill development and development near existing city infrastructure may be the most cost-effective.
• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill, and social interaction.
• Implementation of the Infill Policy is important to encourage the development of underutilized properties.

The South Billings Urban Renewal Master Plan envisioned this area south of the interstate as an area that could build new economic opportunities. This was designated the “Four Corners” area and this area as the “Riverside Business Park”. The master plan did show this parcel outside the city limits – although this was incorrect at the time. This parcel was the first parcel annexed to the city south of the interstate between S. Billings Boulevard and Garden Avenue. This annexation to the city occurred about the same time as the first zone change request on this parcel from residential to commercial in 1983. The S. Billings Urban Renewal Master Plan stated the following: “Undeveloped land in this area may be particularly attractive to small manufacturers, professional offices, and small office/warehouse as there is no other business park in Billings that offers the ease of interstate access, views, and a natural setting with many recreation amenities.”

The proposed zoning would allow an existing vacant property to be developed for cold storage warehousing or contractor shops. The parcel is within the city limits but has limited access to city services. City water is available to the property. The cost to bring the sanitary sewer infrastructure to the property exceeds the potential development investment by orders of magnitude. The re-establishment of one or two manufactured homes under the current zoning would require the extension of a public sewer line to the parcel. The engineer’s estimate for extension of wastewater services is well above $50,000. The parcel is small in comparison to the adjacent heavy commercial development to the east. This development includes Intermountain Distributing, Old Dominion Freight, and Inland Truck Parts. Further east are some large warehousing facilities as well as heavy equipment businesses and specialized storage companies. Overall, this heavy commercial area is over 115 acres of development. The parcel does not provide any transition between the existing commercial development and the County manufactured home park to the west.

Redevelopment as a commercial property will require the development to install a buffer yard on the west property line to provide the visual barrier required between commercial development and residential development. S. Frontage Road is an arterial street that currently handles over 5,000 vehicle trips per day and has posted speeds over 50 mph. This type of street frontage does not support the development of a small, manufactured home park.

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. The site will be developed in conformance with Section 27-400 (BMCC) as well as sections on Landscaping, Off-street Parking and Signs. New buildings would be required to meet city Building Codes and Engineering standards as well.

3) Whether the new zoning will promote public health, public safety and general welfare?
Similar to criteria two, public health and public safety will be promoted by both the existing zoning and the proposed zoning. The proposed CX zoning would allow the vacant property to be developed for non-residential uses. Developed land will increase property values. Vacant land tends to add unpredictability to the area. It is not likely that the current zoning would result in the placement of residential homes on the property given the cost to bring city sewer services to the property.

4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning should not have any measurable impact on transportation. S Frontage Road is managed by the Montana Department of Transportation (MDT). There is one approach from the road that is permitted by MDT. A second approach is not necessary. Re-development of the site will require submittal of the site plan to the city and to MDT. Any required improvements will be noted at that time. Storage uses and small business warehouses do not generate significant traffic.  
Water and Sewer: The City will provide water to the property. A service line was installed in 2023. There is a sanitary sewer in the vicinity but not close enough to make it economically feasible to extend the line for this 1.35-acre parcel. The Utilities Division voiced no concerns.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The school district provided no comments on the proposed zone change. Parks should not be negatively impacted by the proposed zoning. The closest public park is a portion of Riverfront Park ¼ mile south of the parcel.
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 zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. Any development of the property would follow the requirements of Section 27-400 (BMCC) and other city regulations for development.

6) Will the new zoning affect motorized and non-motorized transportation?
The existing property fronts S Frontage Road. This is a high-speed arterial managed by MDT. There is no curb, gutter or sidewalk along this street frontage.  The curb, gutter and sidewalk will likely not be required at the time of development, but the owner may be required to sign a waiver to allow future construction of these improvements. East of 3716 S Frontage Rd, there is a multi-use pathway under construction in front of the large warehouses at 3218 and 3226 S Frontage Road.

7) Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth to the east. Property to the west is outside the city limits and is a County manufactured home park subdivision. This residential subdivision is between heavy commercial zoning districts to the east and west. Redevelopment of the subject property will require a better buffer yard along the property line of the eastern lots in the subdivision. The CX zoning is compatible with the surrounding property and development. 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 or uses. The proposed zoning will allow re-development of the property for commercial purposes. This redevelopment will require the installation of a good visual barrier for the manufactured home park to the west. The types of uses will be limited unless and until a sewer line connection is available.

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 development of the property will need to meet the code requirements for Heavy Commercial zoning, and other city development and building regulations. New development tends to increase surrounding property values.

10) Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the redevelopment of the property along a high-speed arterial with good access to the interstate and other transportation corridors. Infill on vacant parcels also contributes to the neighborhood stability of the manufactured home park to the west. The proposed zoning and use will encourage the most appropriate use of the parcel.