Return Item.  Variance 281 – 2999 Old Hardin Road – Entryway Landscaping for Bretz RV – (This application was first scheduled to be heard in March 2016. Due to lack of a quorum at the March meeting and scheduling challenges for the Board and Applicant, the County Board of Adjustment rescheduled this for its May 12 meeting. At the May 12 meeting, the applicant and their agent were not able to attend the meeting, but the Board of Adjustment opened the hearing and took public testimony and had discussion. The Board ultimately voted 2-1 to continue the hearing until the Board's June 9 meeting). A variance from Section 27-1006 requiring a bermed and landscaped bufferyard along the interstate frontage (1,780 linear feet of frontage) and along the Old Hardin Road frontage (360 lineal feet) requiring a minimum of 5 canopy trees and 10 shrubs per 100 lineal feet and no more than 10% of the area as non-living material; from Section 27-1006 requiring a minimum of 20 square feet of landscaping per parking space, 2 evergreen or canopy trees and five shrubs for each 9 parking spaces, and requiring landscaping islands dispersed throughout the parking lot with raised curb protection; and Section 27-1007 requiring buildings with facades facing the interstate or local street to provide a façade relief every 100 feet to allow a total of 60 trees (131 required), 60 shrubs (267 required); allow up to 50% of the landscaped areas to be non-living material; eliminate all landscaping islands in the parking lot and eliminate the façade relief requirement for the building facades facing the interstate and the local street. Tax ID: D06438A; C04279; C04713; C04714; C04715; C04716. Presented by Wyeth Friday, Planning Division Manager
 

The Planning Division is recommending denial of the Variance 281.

OWNER: Mark Bretz, Bretz RV and Marine
AGENT: Brad Farnsworth, In House Counsel, Bretz RV and Marine
LEGAL DESCRIPTION: N1/2SE of Section 19, Township 1 North, Range 27 East (2999 Old Hardin Road), Lots 5 & 6, Cole Acreage Tracts (2937 Old Hardin Road) and Lots 5 through 8, Johnston Subdivision 1st Filing
ADDRESS: 2999 Old Hardin Road
CURRENT ZONING: Entryway General Commercial
EXISTING LAND USE: Bretz RV and Marine Sales and Service facility under construction
PROPOSED USE: Same
SIZE OF PARCEL: 35 acres

A Zoning Compliance Permit was approved for these properties in August 2015 (PLN-15-5294) for the site, building and landscaping as per the Entryway Zoning Regulations.

This property and many of the surrounding properties were part of the Johnson Lane Master Plan zone change approved in September 1995. The Board of County Commissioners approved the master plan by resolution in July 1994. The Johnson Lane Master Plan and the adopted zoning was intended to attract businesses that serve tourists and travelers and make this entry to Lockwood more appealing through enhanced building design with attractive and abundant landscaping. Similar interchange entryway plans and zoning were implemented at the South Billings Boulevard/I-90 Interchange and the Zoo Drive/I-90 Interchange.

No amendments to the approved Johnson Lane Master Plan have been made since its adoption. Several zone changes were adopted prior to the master plan including re-zoning from R-96 to CC, Neighborhood Commercial (NC) and Highway Commercial (HC). Properties northwest of the Johnson Lane interchange were specifically excluded from the Master Plan and remain in the Controlled Industrial (CI) zone or the Heavy Industrial (HI) zone.

There have been no variances previously applied for regarding the landscaping requirements of the Entryway/Interchange zoning districts in Yellowstone County.

Bretz RV and Marine did receive approval of an administrative appeal in July 2015 to allow the building the business is constructing to have exposed seam metal siding as a finish building material. Planning Division staff had found that the Entryway Zoning Regulations did not allow exposed seam metal siding as an acceptable building material and the County Board of Adjustment did not agree with that interpretation.
 

NORTH:	Zoning: Heavy Industrial (HI) and Entryway Light Commercial (ELC) Land Use: Agricultural Uses, industrial uses and residential uses
SOUTH:	Zoning: ELC, Residential-9600 (R-96) and Residential-15000 (R-15) Land Use: Single family residential and commercial (west)
EAST:	Zoning: R-96 and ELC Land Use: Single family residential and vacant land
WEST:	Zoning:Entryway General Commercial (EGC) and ELC  Land Use: Hotel and residential uses

This application was first scheduled to be heard in March 2016. Due to lack of a quorum at the March meeting and scheduling challenges for the Board and Applicant, the County Board of Adjustment rescheduled this for its May 12 meeting.

May 12 County Board of Adjustment Meeting
At the May 12 meeting, the applicant and their agent were not able to attend the meeting, but the Board of Adjustment opened the hearing and took public testimony and had discussion. The applicant's agent, Brad Farnsworth, was contacted via phone during the meeting and did participate briefly during the public hearing and discussion. Mr. Farnsworth asked the Board to consider delaying action on the variance request until its June 9 meeting so that he could present information and visual materials that he could not provide via telephone. The Board did ask Mr. Farnsworth to clarify why he and the applicant was not able to attend the May 12 meeting and also discussed the history of the Zoning Compliance Permit and review process for the property in 2015. A Board member noted that other properties in the Entryway Zoning Districts appeared to be out of compliance with landscaping requirements. The Board also asked staff for clarification on how zoning violations are addressed in the County. Staff explained that zoning violations are complaint driven and there is one County Code Enforcement Officer who investigates complaints. Staff explained that it is possible that properties that have been developed in Entryway Zoning Districts over the years could be out of compliance for site requirements but since County Code Enforcement is not proactive in its enforcement, a complaint would be needed to address violations. The Board ultimately voted 2-1 to continue the hearing until the Board's June 9 meeting.

Property Development History
Representatives of Bretz RV & Marine began meeting with Planning Division staff in late 2014 and early 2015 to discuss the proposed new Bretz RV and Marine project at the subject property. Two initial meetings included County staff from Public Works, Lockwood Water and Sewer, County Engineering and Lockwood Fire. The intent of the meetings was to review draft site plans and proposals for the new Bretz RV & Marine (Bretz RV) sales and service location. The Planning Division provided copies of the County Zoning regulations pertaining to the Entryway/Interchange zoning districts. Planning Staff provided comments on the draft site plans including information on building materials, setbacks, parking, landscaping and signage. The Entryway Zoning Regulations were specifically developed to provide higher standards for site development to enhance the entryways into the County and City from the interstate (See Attachment A).

In June 2015, Bretz RV appealed to the County Board of Adjustment the Planning Division's interpretation of the Entryway Zoning Regulations regarding acceptable building siding materials. Planning Division staff found that the Entryway Zoning Regulations did not allow exposed seam metal siding as an acceptable building material and Bretz RV had proposed to use exposed seam siding. This requirement in the code had been in place since the Entryway Zoning Regulations were first adopted by the County in 1995. The County Board of Adjustment supported Bretz appeal and exposed seam siding is allowed on the new building.

In July 2015, Bretz RV continued to move forward with submitting site plans and building plans for the property. The initial site plan submittals that included the landscaping plans were not in compliance with the Entryway Zoning Regulations. Planning staff and Bretz RV representatives met, emailed, and discussed on the phone the requirements and what would be needed to bring the site plan into compliance with the landscape regulations. Planning staff explained in detail the requirements and worked at length with Bretz RV to ensure that while the landscape regulations were met, the need for visibility from the Interstate 90 corridor and parking lot circulation were addressed for a large RV and boat business. Accommodations staff provided that still met the regulations included clustering of trees along the I-90 and Old Hardin Road frontages, counting existing trees on the property toward the required number of trees, options for mulch to include wood chips. Bretz RV made modifications to the site plan to bring it into compliance with the landscape regulations and a Zoning Compliance Permit for the project was eventually approved and issued in August 2015 (See Approved Site Plan in Attachment B). Bretz RV states in its variance application that it made the changes to its site plan to avoid delaying the start of construction. Bretz RV contacted the Planning Division staff in September 2015 to begin researching how it might seek relief from the landscaping regulations of the Entryway Zoning District.  

Bretz RV in this variance submittal is asking to significantly reduce the required numbers of trees and shrubs for the property because it states that the requirements "are inappropriate when considering the intended use of the property as a recreational vehicle and boat dealership." However, many commercial business have been built in the Entryway Zoning District in the County and City, and have followed the regulations. In addition, the same use has been developed in the Entryway Zoning District and met the landscaping requirements for Pierce RV Supercenter at 3800 Pierce Parkway at the Zoo Drive interchange. The Pierce RV Supercenter is located in an Entryway Light Industrial Zoning District, is adjacent to the I-90 corridor, and was subject to the same requirements as Bretz RV.

Staff recommends denial of Variance 281.