This is a zone change request from Residential 9,600 (R-96) to Entryway General Commercial (EGC) on a 1.554 acre parcel of land described as the south 310 feet of Lot 24 Sugar Subdivision, less 4,194 square feet for King Avenue East right-of-way located at 766 Calhoun Lane. The property is owned by Almon Blain, Jr. The owner conducted a pre-application neighborhood meeting on November 29, 2010. The pre-application meeting notes are included as Attachment C. The Zoning Commission conducted a public hearing on January 4, 2011 and is forwarding a recommendation of approval on a 5-0 vote.

State law at MCA 76-2-304 requires that all zone changes be reviewed in accordance with 12
criteria. Using the 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

If approved, the zone change will ensure the long-term taxable value of the property and protect
the city tax base in this area.

The applicant is requesting to rezone this property on the northwest corner of the intersection of Calhoun Lane and King Avenue East. The property is a county island and has been in residential use for over 100 years. Recent development in the South Billings Boulevard neighborhood includes Cabela’s and Sam’s Club on the south and other retail and service businesses west of this location. King Avenue East from the intersection with S. Billings Boulevard was recently re-built to accommodate additional traffic to Sam’s Club and Cabela’s. The owner has submitted a petition to annex the property, which is being processed in coordination with this zone change application. The parcel will not retain value as residential property when annexed to the city. The current zoning, R-96, was initially applied to the property in 1973. The property has 2 dwellings although one appears to be abandoned. In 2008, the city approved re-zoning property to the east and west to EGC. Neither of these properties has yet been converted from the existing uses to commercial uses. The property may be included in the Tax Increment Finance District for the area through a separate process after it is annexed to the city.

Calhoun Lane is a collector street and mainly carries traffic from residential neighborhoods north and south to arterial streets. King Avenue East is a minor arterial street and carries about 7,000 vehicle trips per day. In comparison, Calhoun Lane carries about 1,680 vehicle trips per day. Any re-development of the property for commercial uses will result in a new configuration of accesses to Calhoun Lane and a traffic impact analysis to ensure future traffic does not impair the functioning of the traffic signal control at the intersection. The new zoning will increase traffic on Calhoun Lane when the property is developed for commercial uses.

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 buffer yards with a minimum number of trees per 100 lineal feet of buffer yard. Entryway zoning also requires a minimum of a 10-foot wide densely planted buffer yard and a 6-foot tall solid fence along the property line that is adjacent to residential property. Building setback adjacent to a residential use is 25 feet. EGC zoning allows automobile sales, rental, and service stations, broadcasting studios (radio and television), car washes, commercial recreation uses, hotels/motels, laundry and dry cleaning, recreational vehicle sales and service, retail nurseries, signs, indoor theaters, tire sales, and wholesale uses not to exceed 3,000 square feet gross floor area. With a special review, there are additional uses that could be allowed with EGC zoning including campgrounds, commercial recreation uses, mixed use development with residential units, restaurants with alcohol sales, truck stops, veterinary clinics and wholesale uses not to exceed 10,000 square feet.

The applicant conducted a pre-application neighborhood meeting on November 29, 2010. Surrounding property owners attended the meeting. There were concerns about uses such as gas stations and casinos. No surrounding property owners contacted the Planning Division staff prior to the Zoning Commission public hearing.

The South Billings Boulevard Interchange Master Plan adopted by the City in 2002, states the purpose of the plan is to provide interstate related goods and services to the traveler and to provide goods and services on a regional and community level. The map of the master plan shows this parcel as “residential” although this would appear to reflect the previous owner’s desire to maintain a residence on the property. The current owner intends to eventually sell the property for commercial development but will maintain the existing residential use until the property is developed. The current development on King Avenue East and South Billings Boulevard are not compatible or consistent with continued use of this property for residential purposes.

The proposed EGC zone is compatible with the zoning south, west and east of the subject property. The lots directly north are developed for two-family and single family residences. It is likely the landscaping and site design requirements of the Entryway zoning district will protect these residences from intrusion of light, noise and traffic. There is no platted alley so commercial traffic should not impact the residences.

The Planning Division reviewed this application and recommended approval based on the attached twelve (12) criteria for zone changes. The subject property is adjacent to EGC zoning and no changes in the character of the property are predicted in the near future. The uses allowed within the proposed EGC zoning are compatible with the surrounding zoning and neighborhood character. Any re-development of the property requires compliance with the new zoning and the ability to meet site design criteria and traffic safety standards. The 2008 Growth Policy encourages predictable land use decisions that are consistent with neighborhood character and land use patterns. The existing use and proposed zoning are consistent with this neighborhood and land use pattern.

The Zoning Commission conducted a public hearing on Janury 4, 2011, and is forwarding a recommendation of approval and adoption of the 12 criteria on a 5-0 vote.

The Zoning Commission conducted a public hearing on January 4, 2011, and received testimony from Almon Blain, Sr. representing the owner, Almon Blain, Jr. There was no testimony in opposition to the zone change.

Prior to any action to approve or disapprove, 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 permit the existing residential use to continue and would allow the property to be developed for commercial uses with increased site design standards in the entryway zoning district. Entryway zoning to the south, west and east is compatible with the proposed zoning.
• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6)
The proposed zoning will permit commercial development along the north side of King Avenue East across the street from commercial development, which will provide more business choices within the surrounding neighborhood. Mixed use development with residential uses is also allowed in the EGC zone with special review approval.
• Coordinated economic development efforts that target business recruitment, retention, and expansion.(Economic Development Goal, page 6)
The proposed zoning will encourage new businesses along the north side of King Avenue East across the street from another commercial development, which will expand the commercial development along King Avenue East.

2. Is the new zoning designed to lessen congestion in the streets?
There should be no immediate effect on traffic congestion. The existing dwelling likely generates between 10 and 15 vehicle trips per day and the owner is not proposing any change in the near future. Any future development for commercial purposes will require a traffic impact analysis. The fully traffic controlled intersection will need to be considered in the analysis. Improvements to Calhoun Lane will be likely if commercial development occurs.

3. Will the new zoning secure safety from fire, panic and other dangers?
The subject property is currently serviced by the Billings Urban Fire Service Area (BUFSA) and the County Sheriff. However, the property is wholly surrounded by city and when annexed city services will be provided. There should be no effect on these services.

4. Will the new zoning promote health and general welfare?
The proposed zoning would permit the dwelling to continue and would allow the owner to market the property for commercial development. Increased residential use of the property is not likely given the surrounding commercial development and its frontage on an arterial street.

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 prevent overcrowding of land?
The proposed zoning, like all zoning districts, contains limitations on the maximum percentage of the lot area that can be covered with structures. The proposed EGC zone allows 50% lot coverage and the current R-96 zone allows up to 30% lot coverage. The proposed EGC zone setback requirements greater in general than other commercial or residential zones. For example, the setback for a building in the EGC zone that is adjacent to residentially zoned property is 25 feet. The setback between the EGC zone and other commercial zones is 10 feet.

7. Will the new zoning avoid undue concentration of population?
The new zoning does avoid undue concentration of population. The existing zoning, R-96, allows single family dwellings on lots of at least 9,600 square feet. This lot could accommodate up to 7 single family homes. The proposed zoning of EGC also allows by special review residential uses that are part of a mixed use development. If the residential use in the mixed use development is single family, then it must comply with the R-96 regulations. If the residential use is for multifamily, then it must comply with the RMF-R standards for lot area, building height and setbacks. The new zoning should avoid undue concentration of population.

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 may have some impact on the surrounding streets, and a traffic impact study will be required depending on the commercial development that is built on the property in the future
Water and Sewer: The City will be able to provide water and sewer to the property through existing lines in King Avenue East and Calhoun Lane.
Schools and Parks: There should be no impact to schools from the proposed zone change.
Fire and Police: The subject property is currently served by the BUFSA and County Sheriff. After the property is annexed, it will be served by the City of Billings fire and police departments.

9. Does the new zoning give reasonable consideration to the character of the district?
The proposed zoning will allow the existing single-family dwelling to remain on the property until it is redeveloped for commercial uses. The adjacent lots to the east, west, and south across King Avenue East are already zoned EGC, so the proposed zoning is in character with the area.

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. The location is on a corner lot adjacent to EGC zoning. The new zoning allows the existing residential use to continue.

11. Was the new zoning adopted with a view to conserving the value of buildings?
Surrounding residential property to the north and west exhibits higher taxable land value. The existing dwelling although rated in fair condition will likely need future investment to maintain the quality of the structure. The new zoning will allow the owner to consider future redevelopment of the property.

12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area?
The proposed zoning will permit the current development to continue and could allow future development for commercial uses. This is the most appropriate use of the lot.