This is a zone change request from Community Commercial (CC) to Highway Commercial (HC) to allow the expansion of a limited pharmaceutical manufacturing facility on Tract 2A1 of C/S 1965 and Lot 5 of Block 1 Bergquist Subdivision located at 2414 Roundup Road and 621 Pemberton Lane. The property is vacant and has access to Roundup Road, Pemberton Lane and to the adjacent property. The applicant is Vacant Land, LLC and Tom & Cheri Bergquist. The agent is Ernie Dutton. A pre-application neighborhood meeting was held on January 22, 2010 at 2376 Main Street, All American Pharmaceuticals. The Zoning Commission conducted a public hearing on March 2, 2010, and is forwarding a recommendation of approval and adoption of the 12 criteria for this zone change on a 4-0 vote.

State law at MCA 76-2-304 requires that all zone changes be reviewed in accordance with 12 criteria. Using the 12 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

The zone change may increase the city's tax base if one or both properties are developed under the new Highway Commercial zone.

The applicant is requesting to rezone two parcels of land adjacent to the existing All American Pharmaceutical facility in order to allow expansion of the business. Pharmaceutical manufacturing is not an allowed use in the CC zone but is allowed in the HC zone. In 2005, the City Council re-zoned the former K-mart property to allow All American Pharmaceutical to renovate the building and re-use the property. The parcel with frontage on Pemberton Lane is approximately 1.5 acres and the parcel with frontage on Roundup Road is about 4.5 acres. The land is currently vacant and shares a property line with the pharmaceutical property. The applicants intend to sell the property to the pharmaceutical company to allow expansion. The re-zoning plan was presented at the pre-application neighborhood meeting held on January 22, 2010. The attendance list and meeting notes are included as Attachment D.

Main Street is a principal arterial street that carries approximately 18,000 vehicle trips per day as a 5-lane, two way, street with periodic openings for center turn movements. Two-and-half miles south of this location, Main Street carries nearly 50,000 vehicle trips per day, making Main Street the highest traffic volume road in Billings. There is no on street parking and a curb sidewalk that gets little pedestrian traffic. The primary access to the loading dock and shipping area at All American Pharmaceutical is from Pemberton Lane. Employee and customer access is primarily from the southbound lanes of Main Street. Northbound traffic must turn left on Pemberton Lane to access this site.

The lots to the north, east and west of the parcel on Roundup Road are zoned CC and have not been fully developed for commercial or residential purposes. The lots north, east and west of the parcel on Pemberton Lane are zoned CC or HC. The lots north and east are fully developed and the lot to the west is undeveloped. There is a multi-family development further to the west but it is not directly adjacent to this parcel. Property on the south side of Pemberton Lane is zoned RMH and has been fully developed for residential dwellings.

The 2008 Growth Policy and the Heights Neighborhood Plan support predictable land uses in existing neighborhoods and encourages compact commercial development where arterial streets exist to handle traffic. Main Street is designed and constructed to handle large volumes of traffic. The property has commercial access from Pemberton Lane and commercial access from Main Street. Any development of the parcel including expansion of the existing facility will require adequate screening, buffering and shielded lighting so any development of the property should minimize its affect on the residential property to the south and west.

The Planning Division reviewed the application and recommended approval based on the twelve (12) criteria for zone changes. The subject property is adjacent to an arterial street and the property is appropriate for most HC uses. The zone change will not alter the character of the adjacent neighborhood because site development requirements will ensure compatible development. The proposed zoning is compatible with the surrounding zoning and neighborhood character.

The Zoning Commission conducted a public hearing on Match 2, 2010, and is recommending approval and adoption of the 12 criteria for this zone change on a 4-0 vote.

The Zoning Commission conducted a public hearing on March 2, 2010, and received testimony from the agent, Ernie Dutton. No other persons testified in favor or in opposition to the application. Mr. Dutton explained the need for the zone change to accommodate the expansion plans for the pharmaceutical company. He stated any expansion would include new landscaping, fencing and lighting that will not glare over into adjacent property. He stated there are private  convenants and restrictions that run with this land and restrict any other Highway Commercial type uses. There are several property owners and any change to the restrictions would be difficult. Mr. Dutton asked the Zoning Commission to support the zone change.  

Prior to any action on this application the City Council will consider the recommendation of the Zoning Commission and shall consider the following:

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 allow two vacant parcels to be used for commercial purposes along an arterial street that can accommodate any traffic generated without impact to surrounding residences.
• New developments that are sensitive to and compatible with the character of adjacent City Neighborhoods and County Townsites. (Land Use Element Goal, page 6)
The proposed zoning is consistent with the surrounding character of Main Street and Roundup Road and will allow re-use of property that is under utilized.
• Contiguous developed focused in and around existing population centers. (Land Use Element, page 6)
The proposed zoning will provide a good in-fill and re-use of the property that has limited quality for residential uses or community commercial uses.

2. Is the new zoning designed to lessen congestion in the streets?
Main Street is a principal arterial that carries approximately 18,000 vehicle trips per day. No significant increase in traffic load is anticipated from this zone change. There is already significant commercial traffic during business hours to this location. Access to and from any development of the property will be controlled by the city and Montana Department of Transportation if new or relocated drive approaches area required.

3. Will the new zoning secure safety from fire, panic and other dangers?
The subject property is currently serviced by City Fire and Police. The proposed zoning will not affect the ability of these services to access the property.

4. Will the new zoning promote health and general welfare?
The current CC zoning allows a wide range of commercial uses but no manufacturing. The HC zone allows limited manufacturing including pharmaceuticals. The parcels were zoned CC when the County adopted zoning in 1973 and it has not changed since that time. It appears the re-zoning of the parcel will lead to in-fill development that will be beneficial to the health and general welfare of the area.

5. Will the new zoning provide adequate light and air?
The proposed zoning requires building setbacks and limits building height. Zoning, building and fire codes should provide assurance of adequate light and air for the property and surrounding neighborhood.

6. Will the new zoning prevent overcrowding of land?
The proposed zoning limits maximum lot coverage to 75% of the lot area. The current CC zoning allows up to 50% lot coverage. Lot coverage only includes the area of the lot covered by structures and does not include pavement. The proposed increase in lot coverage should not overcrowd the property.

7. Will the new zoning avoid undue concentration of population?
The proposed zoning allows residential uses but must use the same lot area, lot coverage and setbacks as required by RMF-R zoning. Single family, two-family and multi-family would be allowed. The current zoning also allows residential uses at the same density. The proposed zoning would not unduly concentrate population.

8. Will the new zoning facilitate the adequate provisions of transportation, water, sewerage, schools, parks, fire, police, and other public requirements?
Transportation: The proposed zoning should have no impact on adjacent local or arterial streets.
Water and Sewer: The City provides water and sewer to the property through existing lines and may need to be upgraded when development occurs.
Schools and Parks: There should be no impact on schools or parks from this rezoning.
Fire and Police: The subject property is currently served by the City of Billings Fire Department and Police Department.

9. Does the new zoning give reasonable consideration to the character of the district?
The proposed zoning will allow a commercial re-use of the property along a principal arterial street. The quality of commercial or residential use of this property is limited by its location and proximity to commercial and industrial uses to the south and east. Any development of the parcel will have to meet minimum standards for landscaping, buffering of adjacent residences to the south and west as well as access restrictions. The new zoning gives reasonable consideration to the existing character of the
district.

10. Does the new zoning give consideration to peculiar suitability of the property for particular uses?
The subject property is suitable for the requested zoning district. Properties north and south of the subject property along Main Street are zoned HC.

11. Was the new zoning adopted with a view to conserving the value of buildings?
Staff cannot determine whether the proposed zoning would appreciably alter the value of structures within the area. As re-development occurs in the area, building values should increase as properties are improved.

12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area?
The proposed zoning will encourage the most appropriate use of this land on a principal arterial street in Billings Heights.