City Zone Change 976 – 727 Lincoln Lane  - from R-70 to HC- A zone change request from Residential-7000 (R-70) to Highway Commercial (HC), on Lots 1 & 2, Block 2 Bede Subdivision, a 25,200 square foot parcel of land. A pre-application neighborhood meeting was held on November 21, 2019, at 231 Main Street. Tax ID: A29430.  Presented by; Karen Husman, Planner I

Planning staff recommends approval and adoption of the findings of the 10 criteria (per BMCC 27-1502) for Zone Change 976.

OWNER: 4 the store, LLC- Rich Miller
AGENT:  Scott Aspenlieder, Performance Engineering
LEGAL DESCRIPTION: Lot 1-2, Block 2 Bede Sub.
ADDRESS:   727 Lincoln Lane
CURRENT ZONING:   R-70
EXISTING LAND USE:  Commercial warehouse/storage
PROPOSED USE:  Commercial warehouse/storage
SIZE OF PARCEL:  25,200 sf

None

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
727 Lincoln lane	None – Original Zoning	November 1973			R-7000
SURROUNDING PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
517 Lincoln Ln	County-637	8/28/12	R-70 to RMF-R	Y	Annex 12/4/15
517 Lincoln Ln	956	7/12/17	RMF-R to CC	Y
606 Bench	County-643	8/27/13	R-70-CC	Y
334 Bench	County-136	8/30/77	R-72 to CC	Y
Wagner Sub. BK1, L7,8	88	11/26/79	RMH to HC	Y
705/707 Lincoln Ln	357	6/5/84	RP to CC	Y

NORTH: Zoning: HC
Land Use:  Commercial
SOUTH: Zoning:  R-70
Land Use:  Residential
EAST: Zoning: R-70
Land Use:  Residential
WEST: Zoning: HC
Land Use:  Commercial

A zone change request from Residential-7000 (R-70) to Highway Commercial (HC), on Lots 1 & 2, Block 2, Bede Subdivision, a 25,200 square foot parcel of land. A pre-application neighborhood meeting was held on November 21, 2019, at 231 Main Street. 

The Planning Division has reviewed this application and is recommending approval based on the attached ten (10) criteria for zone changes. The subject property is adjacent to commercial uses to the north, and west. Uses allowed in the HC zoning are compatible with the surrounding zoning and neighborhood character. Some uses in the HC zone would only be allowed by special review approval such as on-premise service of alcoholic beverages. Any development or re-development of the property requires compliance with the new zoning and the ability to meet site development requirements and traffic safety standards. The Growth Policy and the Billings Heights Neighborhood Plan encourage predictable land use decisions that are consistent with neighborhood character and land use patterns. The existing commercial structure and proposed zoning are consistent with this neighborhood and land use pattern. 

Staff Determinations for Zone Change #976
Prior to any recommendation to the City Council, the Zoning Commission 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 Growth Policy:

• Predictable land use decisions that are consistent with neighborhood character and land use patterns.

The proposed zoning will allow the clean up a corner in Billings that has been underutilized and fallen into disrepair. The area along Main Street and the property adjacent to the west have been used for commercial purposes since the late 1970s. The proposed zoning is consistent with the neighborhood character and land use patterns between Main Street and Bench Boulevard. Development standards are in place to require screening, buffering, landscaping and mitigation of any potential conflicts with adjacent residential uses to the south and east. The proposed zoning is compatible with the existing uses to the north and west.

• More housing and business choices with each neighborhood.  

The existing zoning is restricted to residential uses. The proposed zoning will allow the retention of the commercial use near Main Street and re-development of the property in the future. 

• Business development and rejuvenation in the Heights.

The proposed zoning will allow continuation of an existing use and the re-use of land for new business development.
 
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 property has an existing structure, a warehouse that would be expanded and used for low impact commercial uses.
 
4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:               The proposed zoning may have some impact on the surrounding streets if the property is redeveloped in the future. A traffic impact study may be required depending on the development that is built on the property in the future
Water and Sewer:           The City provides sewer to the property and water is provided by Billings Heights Water District.  
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?
Traffic generation from a commercial site is dependent on the specific uses within the development. The site is currently developed and the change in zoning should not have any significant effect on existing traffic patterns.
 
7.   Will the new zoning 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 low impact commercial services that are 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 property by updating the existing structure.
 
9.   Will the new zoning conserve the value of buildings?
Approval of the zone change will conserve the value of the property by allowing redevelopment of the property. The existing commercial building and development will be conserved by the new 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 as commercial use.  The property has been a commercial property for many years and is non-conforming to the R-70 zoning.  Commercial development to buffer residential from high traffic on Main Street is the best use of the land. 

Approval and adoption of the findings of the 10 criteria.