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 Lot 1, Block 1, North Pointe Square Subdivision, First Filing, located at 2408 Main Street in the Billings Heights. The property has a retail strip center located on it that is attached to the All American Pharmaceuticals building on the property directly to the south. The subject property has access to Main Street and Pemberton Lane across adjacent properties. The applicant is Cody Family, LLC. The agent is Ernie Dutton. A pre-application neighborhood meeting was held on April 15, 2010, at the Bull Mountain Grill at 2376 Main Street. The Zoning Commission conducted a public hearing on June 1, 2010, and is forwarding a recommendation of approval on a 4-0 vote.

State law at MCA 76-2-304 requires that all zone changes be reviewed in accordance with twelve (12) criteria. Using the twelve (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 the property is re-developed under the new Highway Commercial zone.

The applicant is requesting to rezone one parcel 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. On April 12, 2010, the City Council re-zoned a 1.5 acre property adjacent to All American Pharmaceutical with frontage on Pemberton Lane to HC and a 4.5 acre parcel adjacent to the north of the subject property with frontage on Roundup Road to HC. The land has a retail strip center located on it that is attached to the pharmaceutical building to the south. The retail strip center on the subject property contains a variety of existing uses, including a book store, gym, dental office, and restaurant. The applicants intend to rezone the property so that the pharmaceutical company may be able to expand onto the property in the future. The re-zoning plan was presented at the pre-application neighborhood meeting held on April 15, 2010. The attendance list and meeting notes are included as Attachment C.

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 runs along Main Street that gets little pedestrian traffic. The existing strip center that currently contains the Bull Mountain Grill restaurant has access from Main Street and Pemberton Lane across a large parking lot that is partially on adjacent property.

The lots to the north and east are zoned HC and CC, while the lots to the west of the parcel are zoned CC. Aside from the All American Pharmaceuticals operation, a casino on the southwest corner of Pemberton Lane and Main Street, and the retail strip center on the subject property, other property in the area has not been fully developed for commercial or residential purposes. There is a multi-family development further to the west and south along Pemberton Lane but it is not directly adjacent to the subject property.

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 subject property has commercial access from Pemberton Lane and commercial access from Main Street. The property is surrounded by commercially zoned property that is still mostly undeveloped, but is zoned and subdivided for development purposes.

The Planning Division reviewed this application and recommended approval to the Zoning Commission 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. There is HC zoning already in place to the north and south of the subject property. 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 June 1, 2010, and is forwarding a recommendation of approval on a 4-0 vote.

The Zoning Commission conducted a public hearing on June 1, 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 an existing commercial property to be used for additional commercial purposes, including pharmaceutical manufacturing, 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 additional uses of property in a commercial area.
• Contiguous developed focused in and around existing population centers. (Land Use Element, page 6)
The proposed zoning will provide more flexibility of commercial uses on a good in-fill property in the Billings Heights.

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 in this area. 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 subject property was 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 future redevelopment of an existing commercial property 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. Since the property to the north and south is already zoned HC and allows lot coverage up to 75%, the proposed increase in lot coverage should not overcrowd the property or be out of place with adjacent 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 of residential uses were contemplated.

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 if needed when redevelopment 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 property adjacent to the north and south of the subject property is already zoned HC and so additional commercial uses are already allowed on these properties. Any redevelopment of the parcel will have to meet zoning and building requirements as well as access restrictions imposed by MDT or the City. 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.