City Zone Change 980 – 759 Newman Lane & 766 Calhoun Lane - from EGC to NC - A zone change request from Entryway General Commercial (EGC) to Neighborhood Commercial (NC), on Block 5, Lot 1, (less N 110 ft & less 7,847.3 ft for King Ave.), Pinnick Sub., 3^rd Filing, and Lot 24 (S 310 ft) of Sugar Subdivision, a 4.418 acre parcel of land. A pre-application neighborhood meeting was held on Monday, June 29, 2020 at 7:00 pm, at 759 Newman Lane. Presented by Karen Husman, Planner I.

Planning staff is recommending approval based on the findings of the 10 criteria for Zone Change 980.

OWNER: Christ the King Lutheran Church
AGENT: Collaborative Design Architects
LEGAL DESCRIPTION: Block 5, Lot 1, (less N 110 ft & less 7,847.3 ft for King Ave.), Pinnick Sub. 3rd Filing, and Lot 24 (S 310 ft) of Sugar Subdivision
ADDRESS:   759 Newman Lane & 766 Calhoun Lane
CURRENT ZONING:   EGC
PROPOSED ZONING: NC
EXISTING LAND USE:  Church
PROPOSED USE:  Church
 PARCEL:  4.418 acres

None.

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
759 Newman Lane	841	6/2008	From R-70 to EGC	Y
SURROUNDING PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
4300 Montana Sapphire Dr	878	Sept 12, 2011	ELI to HC	Y	Long Beach Apartments
4215, 4020 & 4110 Montana Sapphire Dr	903	Oct 9, 2012	ELI to HC	Y	Affinity in Billings (4215) Divide Bar & Grill (4020) Full Fitness (4110)
Star Sub, lt 2,blk 1	575	11/15/93	RMH to ELI	Y
CS 2655 & 2244	614	5/12/97	R-150 to EGC	Y
SW Corner of King Av. E & Orchard Ln	806	6/11/07	R-150 & RMH to EGC	y
4517 King Ave E	842	6/12/08	R-96 to EGC	Y
766 Calhoun	871	2/14/2011	R-96 to EGC	Y

NORTH: Zoning: R-70
Land Use:  Residential
SOUTH: Zoning:  EGC
Land Use:  Commercial Retail
EAST: Zoning: EGC
Land Use:  Residential
WEST: Zoning: RMH
Land Use:  Residential Manufactured Home Park

This property is generally located on the northeast corner of the intersection of King Avenue East and Newman Lane.  It is on the north side of King Avenue East across from the location of the Cabela’s store.  This neighborhood has experienced changes that have impacted them with increased traffic being the most significant change.  The adjacent commercial development has created more traffic on King Avenue East and makes the property north of the commercial development less appealing for residential development.  In 2008 the property owner, Christ the King Lutheran Church, received approval of Zone Change 841, changing the zoning from Residential-7000 (R-70) to EGC zoning.  This zoning is the same zoning as the Foursquare Property to the south of King Avenue East.

The intent of the previous zone change to EGC was to encourage a diversity of growth in the entryway corridor and have redevelopment occur on the church property, and the church was considering relocating. However, additional development has not occurred since the zone change and the property owner would now like to expand and upgrade the existing church where it is. However, in the EGC district churches are not allowed, therefore the expansion can not be completed without the zone change to a district that would allow a church.

Entryway zoning requires a greater amount of site improvements and building aesthetics than other commercial zoning such as Community Commercial (CC) or Highway Commercial (HC).  Entryway zoning requires larger landscaped bufferyards with a minimum number of trees per 100 lineal feet of bufferyard.  Entryway zoning also requires a minimum of a 10-foot-wide bufferyard and a 6 foot tall solid fence along the property line that is adjacent to residential property. The Entryway zoning was a good fit for this area to both promote high quality commercial development as well as transition to the residential development in the area with a higher level of landscape buffering. However, EGC zoning also allows more intense uses. The purpose of the EGC zone is to provide a specialized classification for hotels, restaurants and other tourist-related facilities near major highway interchanges. EGC zoning would also allow automobile sales, rental, and service stations, car washes, commercial recreation uses, retail nurseries, indoor theaters, and tire sales.

The intent of the requested zone change is to maintain the current church use and allow rebuilding, expansion and upgrading of the property.  The NC zone district also is an appropriate district for transitioning from the EGC across King Avenue East to the residential neighborhoods to the north. The NC district has more limited uses that would have less impact on the adjacent neighbors. There will be no significant changes to impact the adjacent residential properties with the existing church remaining at this location.

Determinations
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 generally 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. The current use as a church is not allowed under the EGC zoning, approval of this zone change would promote redevelopment of the parcel by allowing the existing church to be upgraded and expanded.

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 landscaping which will be more visually appealing to residents and visitors.
 
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 used as a church, that will be replaced with a new church building
 
4.   Will the new zoning 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 little effect on the transportation systems during peak hours.
 
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 that 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 existing use of the land as a church use and improve the area with an updated building and new landscaping.
 
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/improvement and expansion of the existing structure potentially increasing the value of the existing church building.
 
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 and upgrade the current use.  Residential development on this corner is not the most appropriate use of the land at this location.  Commercial zoning to buffer residential from high traffic is the best use of the land. 

The Planning Division has reviewed this application and is recommending approval based on the ten criteria for zone changes. The subject property is adjacent to an arterial street and is appropriate for NC uses and re-use. The zone change will not alter the character of the adjacent neighborhood because of site development requirements.  The proposed zoning is compatible with the surrounding zoning and neighborhood character.