This is a zone change request from Neighborhood Commercial (NC) and Residential Multi-Family-Restricted (RMF-R) to Community Commercial on a 4.189- acre parcel described as Lots 1 through 5 of Brittain Acres Subdivision, located on the north east corner of the intersection of Hilltop Road and Bench Boulevard. The property is owned by Big Sky Floral Supply (Gainan’s) and Chuck and Mick Gainan are the agents. The owners conducted a pre-application neighborhood meeting on June 20, 2012. The pre-application meeting notes are included as Attachment C. The Zoning Commission conducted a public hearing on August 7, 2012, and is forwarding a recommendation of approval on a 3-0 vote.

State law at MCA 76-2-304 requires that all zone changes be reviewed in accordance with 10 criteria. Using the 10 criteria to determine the appropriateness of the zone change request, the City Council may:
1. Approve the zone change request
2. Deny the zone change request
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

There should be no immediate financial impact to the city from the zone change. Service fees for the proposed zoning will increase in the next tax year. When development occurs, the taxable market value of the property will increase.

The applicant is requesting to rezone a 4.189 acre parcel described as Lots 1 -5 Brittain Acres Subdivision. The property was re-zoned from R-70 to its current zoning of NC and RMF-R in 2007. The original plan for re-development of the property included a mixture of small commercial uses on the street frontage with apartments or condominiums on the eastern half of the property. The re-development plan was never implemented. The current application would allow development of the other commercial uses that are currently limited by the NC zone. The owners have stated the potential for higher density residential uses will be limited by the expected traffic increases when Bench Boulevard is improved to a full arterial street in the near future.

The lots to the north and east are zoned Residential-7,000 and are developed as single family homes. The property west across Bench Boulevard is zoned Residential-6,000 and is developed as Gainan’s Heights Greenhouse. Property to the south is zoned Neighborhood Commercial and Residential Multi-family and is currently vacant. Southeast of the subject property there are two apartment buildings. Southwest of the subject property is Residential-7,000 zoning and the lots are developed as single family homes. Bench Boulevard and Hilltop Road are both arterial streets and currently handle a large volume of traffic – approximately 18,000 vehicle trips per day. Bench Boulevard will be developed in the near future to handle a greater volume of traffic. The Billings Heights Neighborhood Plan indicates the intersection should be used for a mixture of commercial and residential dwellings. The 2008 Growth Policy encourages the location of commercial uses at intersections of arterial streets to avoid “stripping” commercial zones narrowly along arterial streets. The practice of commercial strip zoning is evident in the traffic congestion and accessibility problems along Main Street, Grand Avenue, and 24th Street West.

The property is located at an intersection and could have access points on both Bench Boulevard and Yellowstone River Road (Hilltop Road is re-named east of the Bench Boulevard intersection). All three of the existing residences enter from Bench Boulevard. The storage yard on the east half of the property has an access point on Yellowstone River Road. A large commercial re-development would generate additional traffic at this intersection. A traffic analysis will likely be required to ensure the proper location of any new access points and for determining any mitigation necessary for the additional traffic. Bench Boulevard and Hilltop Road have the capacity to handle any additional traffic.

The CC zone requires a maximum building height of 45 feet and a front property line minimum setback of 20 feet. The arterial street setback is 60 feet to the centerline of the right-of-way for any new building and 50 feet from the centerline for any required parking. The properties are configured to accommodate this additional setback if needed. The CC zone could allow the addition of a restaurant with alcoholic beverage service with special review approval. Any alcoholic beverage service on the property would also require a waiver of the 600 foot separation from Billings Heights Park, west across Bench Boulevard. Any liquor license with gaming attached would also require a special review approval. The proposed CC zone does allow residential use to the same density allowed by the current RMF-R zone.

The applicant conducted a pre-application neighborhood meeting on June 20, 2012. Four surrounding property owners attended and concerns were voiced about the existing RMF-R zone and the safety hazard of the ditch that runs on the east property line. The applicant states all attendees were in favor of the proposed change to CC. A synopsis of the meeting, list of attendees, and the agents answer to the above questions is in Attachment D. No surrounding property owners contacted the Planning Division staff prior to the Zoning Commission public hearing.

The Heights Neighborhood Plan adopted by the City in 2006 states the purpose of the plan is to guide the long-term growth of Billings Heights. A preferred land use map was developed locating and encouraging the retention of most commercial uses along Main Street and to locate a mixture of uses between Main Street and the parallel streets of Lake Elmo Drive and Bench Boulevard. The 2008 Growth Policy encourages the compatibility of adjacent zoning to new zoning especially is established neighborhoods. The proposed zoning is compatible with the adjacent zoning and existing land uses.

The Zoning Commission held a public hearing on August 7, 2012, and received the staff report and recommendation and testimony from the applicant, Chuck Gainan. No other testimony was received. Mr. Gainan stated the pre-application meeting was well received and the only concern voiced was about the ditch that runs along the east property line. The neighbor wanted assurance the ditch would be fenced so it prevented people accessing the area.
The Zoning Commission is forwarding a recommendation of approval on a 3-0 vote.

The Planning Division reviewed the application and recommended approval based on the ten (10) criteria for zone changes (below). The Zoning Commission concurred with this recommendation. The subject property is adjacent to commercial uses to the west and higher density residential uses to the south. Full development of the adjacent property will likely occur at the same time Bench Boulevard is improved by the City and the Montana Department of Transportation. The uses allowed within the CC zoning are compatible with the surrounding zoning and neighborhood character. Some uses in the CC zone would only be allowed by special review approval such as on-premise service of alcoholic beverages. Any development of the property requires compliance with the new zoning and the ability to meet site development requirements and traffic safety standards. The 2008 Growth Policy and the Billings Heights Neighborhood Plan encourage predictable land use decisions that are consistent with neighborhood character and land use patterns. The existing use and proposed zoning are consistent with this neighborhood and land use pattern. 
Prior to any making a decision on the proposed zone change, the City Council shall consider the
following 10 criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following goals of the Growth Policy:
• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6) 
The proposed zoning would permit more land uses than currently allowed by the NC and RMF-R zones and this is consistent with the neighborhood character and the planned development of Bench Boulevard. The proposed zoning is compatible with the existing uses on Bench Boulevard and Hilltop Road. 
• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6) 
The existing zoning is restrictive of the types of businesses that could be located at this arterial intersection. The proposed zoning will allow more businesses and services to be located near existing residents.

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 City Fire Department will ensure safe access to the site and provision for minimum fire flow to the new buildings.

3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety will be promoted by the proposed zoning. Re-development of the property will consolidate access points and greater building setbacks than current exist. This will improve public health and safety at this intersection.

4. Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning may have some impact on the surrounding streets, and a traffic impact study may be required depending on the development that is built on the property in the future. New development that generates 500+ new vehicle trips per day will require a Traffic Accessibility Study (TAS).
Water and Sewer: The City will be able to provide water and sewer to the property by extension of those utilities from Bench Boulevard.  
Schools and Parks: There should not be any impact to schools from the proposed zone change. However, any residential development in the future could affect the schools in the area.
Fire and Police: The subject property is currently served by the city Public Safety Services. Commercial re-development of the site may increase calls for service and change the nature of those calls for service.
5. Will the new zoning provide adequate light and air?
The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air.

6. Will the new zoning effect motorized and non-motorized transportation?
Traffic generation from a commercial is dependent on the specific uses within the development. A development plan has not yet been finalized so prediction on effects at the intersection is not possible at this time. Street improvements for Bench Boulevard are planned and will include sidewalks and/or multi-use paths. Pedestrian safety will be enhanced at this location. The 2011 Bikeway and Trail Master Plan includes a short-range on-street bike lane for both Bench Boulevard and Hilltop Road.

7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. Lower density development is inefficient and ineffective in recovering the costs to extend city services.

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 district and the suitability of the property for commercial uses including neighborhood and commuter service businesses. The level of existing traffic along with the number of existing and planned residential developments in the
area will likely support the types of businesses likely to locate at this corner.

9. Will the new zoning conserve the value of buildings?
The existing homes and structures on the lot should be conserved with the new zoning. All of the existing uses are conforming to the proposed CC zoning. Surrounding buildings should be conserved when re-development occurs on the site by adding property value to the market.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit a greater variety of uses on the property and is the most appropriate use of the property at this intersection.