This is a zone change request from Residential 7,000 (R-70) to Community Commercial (CC) on a portion of Lot 1A and all of Lot 2, Block 3, Streeter Brothers Subdivision, a 15,000 square foot parcel of land. A pre-application neighborhood meeting was held on February 27, 2017 at GM Petroleum at 275 Daniel Street.  The Zoning Commission conducted a public hearing on April 4, 2017, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria.

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 type 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 reviewed the request and recommended approval based on the proposed findings of the 10 criteria for zone changes. The Zoning Commission concurred. The zoning would make the proposed land more developable as a commercial use on the frontage of a state highway. The proposed zoning will stabilize the property value, allow for future investment in maintenance without risk to the property owners, provides a needed neighborhood convenience choice in this area of Billings, and is supported by the City's Infill Policy and 2016 Growth Policy. The guidelines for Essential Investments, Community Fabric, Prosperity and Strong Neighborhoods in the 2016 Growth Policy include: Public right of way landscaped to be more visually appealing, infrastructure in place, commercial areas that encourage more pedestrian activity, provide local jobs, safe and attractive neighborhoods that also provide essential services. The proposed zone change is supported by these guidelines. The proposed zoning would allow the property to be re-developed into a neighborhood convenience store and clean up a run down corner in Billings.


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:

Essential Investments: Landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors.   Infill development and development near existing City infrastructure may be the most cost effective. Neighborhoods that are safe and attractive and provide essential services are much desired;
The proposed zoning requires any development to install landscaping with a preference for it to be along the street frontage. New buildings, sidewalks, landscaping and fencing would make this area of Billings more visually appealing to residents and visitors. Infill development is the most cost effective since there is already infrastructure in place. Providing basic services near residential development is much desired and convenient to the local residential community.
Community Fabric: Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity. Attractive streetscapes provide a pleasant and calming travel experience in urban and suburban neighborhoods. Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors.
The proposed zoning will require the developer to install new sidewalks and landscaping which will be more visually appealing to residents and visitors along Laurel Road. Providing green space and sidewalks for pedestrian movement in the area.
Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.
Rezoning the parcel will allow construction of the proposed C Store which will require employees and provide jobs that will be a benefit to the community.
Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.
The proposed zoning will allow the construction of the proposed C Store and clean up a corner in Billings that has been underused and fallen into disrepair which attracts unwanted activity in the area.  New development will provide needed services and be more attractive than what has been on this land for many years.

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 residential zoning of the parcel does not lend itself to a housing because it is on the edge of a major road, Laurel Road, and doesn’t provide for enough separation from the traffic noises or safety concerns. This property has never been developed as residential but historically been used as a parking lot and fallen into disuse and neglect over the years.  This has had a negative effect on the surrounding properties and neighborhood. Re-zoning this property would allow
redevelopment and will promote the public health, safety and general welfare of the area.
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will not have any effect on the existing 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 and parks 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 will have no effect on transportation systems.
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to re-develop into a neighborhood service area with a gas station and convenience store that will provide needed local services to the area and the use is compatible with the existing neighborhood.

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 proposed zoning will allow the re-development of the land as a commercial use and improve the area with new buildings, landscaping and separation from the major road, Laurel Road, for the residential uses that it abuts.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently a vacant lot where a former truck stop stood. The proposed developed of a convenience store and gas station with landscape, new sidewalks, buildings will most likely improve values in the neighborhood.  Approval of the zone change will conserve the
value of the existing buildings. The value of existing surrounding buildings and the parcel will be improved by the proposed zoning.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow re-development of the land to a new gas station convenience store.  Residential development on this corner is not the most appropriate use of the land at this location.  Commercial development to buffer residential from high traffic on Laurel Road is the best use of the land.

If the zone change is approved, City fees for arterial construction and storm water will be adjusted to the new zoning designation of CC. The property value may increase when improvements are completed on the property. Denial of the zone change could de-stabilize the property value and lead to future dis-investment in property maintenance.  

This is a zone change request to allow a use on land that has historically been a parking lot for a former truck stop on Laurel Road. These parcels have been zoned residential since zoning was enacted in Billings in 1972. This filing of Streeter Brothers Subdivision was recorded in 1946. These two parcels have never developed as residential lots but have been used as parking for the former truck stop. In recent history, the land has been an eye sore to the community with overgrown weeds, blowing dirt, and occasional abandoned vehicles. The current zoning, R-70, only allows single family and two-family dwellings. The proposed zoning, CC, would allow the construction of the proposed storage building with the fenced outdoor storage alongside the storage building.

The property is located on the northwest corner of the intersection off Marshall Drive and Laurel Road. Laurel Road is identified as a Principal Arterial and it is a state road. Traffic counts on this section of Laurel Road are approximately 7,000 vehicles a day. Marshall Drive is a local street so no traffic counts are taken on this street. This parcel of land is also on the corner of the only residential neighborhood in this part of Billings. This subdivision is completely surrounded by commercial and industrial uses. Re-developing this land into a new neighborhood business would be a positive improvement to the area and a convenience to the residential neighborhood.
 

The Zoning Commission conducted a public hearing on April 4, 2017, and received the staff recommendation and testimony from the applicant's agent, Bryan Alexander of Sanderson Stewart. No other testimony was received.

Commissioner Larson made a motion to recommend approval and adoption of the findings of the 10 criteria. The motion was seconded by Commissioner Ulvestad. The motion was approved on a 5-0 vote.

The Consistency with Adopted Plans and Policies is discussed in the Alternatives Analyzed section above.