This is a zone change request from Residential Manufactured Home (RMH) to Community Commercial (CC) on a 4.77- acre parcel described as Tract 1, C/S 2537 and the North 2 acres of the South 10.41 acres East of the lateral and a Fraction of the S1/2NESE1/4 (73.42 X 890 feet) in the NESE1/4 of Section 22, Township 1 North, Range 26 East. The property is owned by Lee Steffanich and Sanderson Stewart is the agent. The owners conducted a pre-application neighborhood meeting on June 25, 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. Service fees will increase under the proposed zoning and taxable market value will increase when the property is developed.

The applicant is requesting to rezone a 4.77 acre parcel located generally at 1026, 1032 and 1040 Bench Boulevard. The site is the former golf course associated with the Circle Inn. The Circle Inn has been closed and a new AutoZone retail parts store has been constructed on the Main Street property. The golf course was re-zoned from R-60 to its current zoning of RMH in 2003. At the time, the owner was considering developing a manufactured home park on the golf course property. The original plan for re-development of the property was never implemented. The current application would allow development of commercial uses such as retail businesses, office spaces and personal storage (mini-storage). The prospective buyer intends to develop a mini-storage complex. Bench Boulevard north of Hilltop Road is slated for improvements to a full arterial street in the near future.

The property to the north is a vehicle wrecking yard and is a grandfathered non-conforming use. The lots to the south are zoned R-60 and are developed for residential uses. The property to the east across Bench Boulevard is zoned R-70 and Planned Development and supports single family dwellings. Bench Boulevard is an arterial street and currently handles a large volume of traffic – approximately 9,000 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 property between Main Street and Bench Boulevard should develop with a mixture of uses including commercial, retail and higher density residential uses. 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 not located at an arterial intersection but is adjacent to commercial zoning on Main Street. Traffic generation from the proposed personal storage facility should not affect the current traffic flow on Bench Boulevard.

There is one existing single family residential structure at 1040 Bench Boulevard (north side of property) and one storage building on 1026 Bench Boulevard. The prospective buyer intends to re-use the residential home for an on-site manager of the personal storage facility. A complete re-development of the property will occur with the proposed mini-storage. The development will need to meet all of the required site development standards for commercial uses adjacent to residential zones. 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 has the capacity to handle the projected additional traffic.
The CC zone allows a maximum building height of 45 feet and requires 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, but this is not the intended use of the property. 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 25, 2012. Several surrounding property owners attended and concerns were voiced about the potential for multi-family uses on the property. Many in attendance did not support any multi-family uses but were comfortable with the proposed mini-storage facility.  The applicant states all attendees were in favor of the proposed change to CC. A 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 conducted a public hearing on August 7, 2012, and received the staff report and recommendation and testimony from the applicant's agent, Lauren Waterton of Sanderson Stewart. There was no testimony from surrounding property owners. Ms. Waterton stated the applicant has a potential buyer who is interested in developing personal storage units. She stated the applicant and potential buyer have met with various city agencies including the Fire Department. Ms. Waterton stated a second access to the property would not be required by the Fire Department. Ms. Waterton stated the potential traffic generation from personal storage facilities is very minimal and would not be noticeable. Ms. Waterton stated the overall response from the neighborhood has been good. 
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. Uses allowed in 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 commercial and retail uses adjacent to HC zoning on Main Street. The previous golf course was heavily used with limited access on Bench Boulevard. Property to the north is a non-conforming vehicle wrecking yard and other adjacent uses are residential. Development standards are in place to require screening, buffering and mitigation of any potential conflicts with adjacent residential uses. The proposed zoning is compatible with the existing uses on Bench Boulevard. 
• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6) 
The existing zoning is restricted to residential uses. The proposed zoning will allow the development of service businesses located near existing residents. The proposed use for personal storage is in demand for the Billings area.
• Business development and rejuvenation in the Heights.(Economic Development Goal, Page 8)
The proposed zoning will allow the re-use of land for new business development.

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 provide a single access to Bench Boulevard and new construction will meet current standards for public health and safety. 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 site is dependent on the specific uses within the development. A development plan has not yet been finalized so prediction on effects on Bench Boulevard cannot be fully understood at this time. As a general traffic rule, mini-storage facilities will generate 2 vehicle trips for each 1,000 square feet in storage or 30 trips per acre per day. On a per acre basis, the proposed use would generate about 145 vehicle trips per day or about the same amount of traffic as a 10-lot residential subdivision. If developed as a manufactured home park, the traffic generated would be closer to 280 vehicle trips per day. 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 include a short-range on-street bike lane for Bench Boulevard.

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 on this property. 

9. Will the new zoning conserve the value of buildings?
The existing home 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.