This is a zone change request from Residential 7,000 (R-70) to Community Commercial (CC) on Tract 14, C/S 4 (Brittain Acres), a 2.12 acre parcel of land. A pre-application neighborhood meeting was held at Country Inn and Suites, 231 Main Street on November 14, 2016. The agent is Eric Nord of Crist, Krogh and Nord, PLLC and the owner is River Park Retirement Court, LLC doing business as River Park Storage (Gerald Klein). The Zoning Commission conducted a public hearing on January 3, 2017, and recommended approval and adoption of the findings of the 10 criteria. The City Council approved the zone change on first reading on January 23, 2017. A second reading is required to approve the ordinance.

Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another types of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district.

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission;
• Deny the zone change and adopt different findings of the 10 criteria;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

The Planning staff evaluated the proposed zoning based on the 10 criteria for zone changes and recommended denial to the Zoning Commission. The Zoning Commission did not concur with the staff recommendation based on the testimony of the owner, his agent and their finding that the existing use was benign and would not likely change to a use with more impact due to the property location and circumstances specific to this property.

The Planning staff agreed the existing use was not having a detrimental impact on the surrounding properties but staff must always consider the potential future uses of the property under the proposed zoning. The Zoning Commission found the proposed zoning would support the conservation of the value of the buildings on the site, does not and will not have an impact on the adjacent Kiwanis Bike Path or the traffic on Yellowstone River Road, and was supported by the 2016 Growth Policy guidelines for Strong Neighborhoods, Prosperity and Essential Investments by supporting existing in-fill development (the storage spaces), providing a convenient location for an essential neighborhood service and retaining and supporting an existing business at this location.

Prior to making a decision on the requested zone change, the City Council 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 guidelines of the 2016 Growth Policy and the Heights Neighborhood Plan (2006):

• The Heights Neighborhood Plan Land Use goals and objectives stated the need to "prohibit high intensity commercial development in residential areas. Provide less intensive commercial development on arterial intersections within residential neighborhoods."

The proposed zoning of CC is proposed to make an existing benign use for personal storage a conforming use on the property. The storage units were constructed in 2012 and have existed as a separate business entity for over 2.5 years without any impact to the surrounding properties. While the proposed zoning could allow some future intense commercial uses of the property, the Zoning Commission finds this is highly unlikely given the specific location and nature of the property. The applicant and agent have stated a restrictive covenant will be placed on the land that will restrain any future owner from re-developing the property for any use other than personal storage. Restrictive covenants are private and the City has no participation or authority in them. They also are able to be privately lifted or amended by the property owner(s), and are not part of the criteria considered by staff, the Zoning Commission, or the City Council, when reviewing zoning applications.

• Essential Investments and Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.

The proposed zoning would allow an existing neighborhood service to remain in this residential area. Residents of Billings Heights have a growing need for off-site storage of household items, especially boats and RVs. This facility provides a convenient location for this type of storage without any impact to the surrounding neighbors.

• Prosperity: Retaining and supporting existing businesses helps sustain a healthy economy.

The existing business on the property will be supported and maintained by the proposed zone change. The existing R-70 zoning makes it impossible for the current owner to sell the property since all the structures and business could not be re-built if necessary in the future. A re-build confirmation from the City is necessary for any financing or insurance coverage of the business.

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.

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. The current zoning of the parcel – R-70 – allowed the previous owner to construct the personal storage buildings for use by the manufactured home park residents. The previous owner passed away and the current owner has run the facility as a separate business since April of 2014. The leasing and renting of the storage space to the public has had little or no impact on the adjacent neighbors. The new zoning will allow the current use and practice to continue in the future. Public health, safety and general welfare will be promoted by allowing the existing use to continue, preventing dis-investment in the property and closure of a successful business.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will have no measurable effect on the transportation system.
Water and Sewer: The City provides water and sewer to the property. There will be no additional impacts to the system from the proposed zoning.
Schools and Parks: Schools should not be affected by the proposed zoning.
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?
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?
The new zoning should have no effect on vehicle or pedestrian traffic. The existing drive approach on Yellowstone River Road recently received approval of an easement from the City Council to continue the access to the storage unit property. City Engineering staff has no concern with the access easement.

7. Will the new zoning promote compatible urban growth?
The new zoning does promote compatible urban growth in this area. The personal storage units provide a service to residents in the area. The property is not an intrusion to the area and is a benign use. The proposed zoning will allow the existing storage units and garages to continue to be rented to the general public. While not enforceable by the City or tied to the criteria for zone changes, the owner and agent have stated that they will restrict future uses of the property by a covenant that runs with the land.

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. The property is setback about 150 feet from Yellowstone River Road and is separated from the neighborhoods to the west and north by a significant ditch. The property is suitable for the existing personal storage units and should be allowed to continue with conforming zoning.

9. Will the new zoning conserve the value of buildings?
The property is currently developed with a 2-family dwelling, 5 accessory buildings and 2 storage unit buildings along the north and south property lines. Approval of the zone change would allow the storage units to continue. The value of existing buildings and the parcel will be conserved by the proposed zoning. Denial of the zone change would de-value the personal storage units on the property as well as the current operating business.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning may encourage the most appropriate use of this land in Billings. This specific location and use is appropriate.

Approval of the zone change will stabilize the market and taxable value of the property. The new zoning will effect the assessments for arterial construction and storm water services.
 

The Zoning Commission recommends approval and adoption of the findings of the 10 criteria for Zone Change 953 on 5-0 vote.