County Zone Change 717 is a zone change request from Corridor Mixed Use 1 (CMU1) on Lots 4A and 5A to Heavy Commercial (CX) and from Rural Residential 1 (RR1 - Lot 3)  and Large Lot Suburban Neighborhood Residential (N4 - Lots 1 & 2) have portions of these lots changed to CX as shown on the proposed amended subdivision for the Fly In Subdivision, generally located at 705 Johnson Lane. The properties are generally located south of the intersection of Old Hardin Rd and Johnson Lane between Johnson Lane and Mauser Street to the east. The applicant proposes to reduce the width of Lots 1 and 2 from 150 feet to 90 feet (east to west) and add this area to proposed Lot 5A-1. The applicant also proposes to have a small northwest corner of Lot 3 (59' X 65'), currently zoned RR1, also be included in the new Lot 5A-1.

Planning staff recommends approval of Zone Change 717 and adoption of the findings of the 11 criteria. 

OWNER: R L Dunker and Sons, Inc
AGENT: John Halverson, Sanderson Stewart           
LEGAL DESCRIPTION: Portions of Lots 1, 2 & 3, and all of Lots 4A and 5A, Block 1 Fly In Subdivision
SIZE OF PARCEL: Area of zone change = 9.81 acres    
EXISTING LAND USE: Fly In Truck Service, self service car wash     
PROPOSED LAND USE: Same with slightly more area for existing heavy commercial activity
EXISTING ZONING: CMU1, RR1 and N4
PROPOSED ZONING: CX

None

See attached Chart of Zoning History

The subject property is located at 705 Johnson Lane and is developed with a heavy truck service business, a self-service car wash and a tractor truck and trailer wash. This zone change request from Corridor Mixed Use (CMU1) to Heavy Commercial (CX) will allow the existing uses for heavy truck repair and a tractor trailer wash to be conforming to the zoning. The original zoning of the property in 1973 was Agriculture and has been changed at least 3 times in the past. The first zone change in 1975 to Community Commercial (CC) was denied by the County Commissioners due to the adjacent and growing neighborhood and the I-90 interchange was not yet constructed or anticipated. In 1977, a subsequent zone change application adjusted the zoning boundary, so it was 150 feet west of the property line on Mauser Street. This zone change was from residential to CC zoning and included the land to the north in Cole Acreage Subdivision, and parcels on the north side of Old Hardin Road on both sides of Johnson Lane. This parcel was developed for the Fly In truck services, truck and car wash in 1993 and 1994, while the property to the north was developed for a gas station and convenience store in 1998.

The Johnson Lane Master Plan was created in 1994 by the County Commissioners to anticipate the further development of the land surrounding the new interchange with I-90. A Commissioner-initiated zone change in 1995 updated the zoning for this parcel from CC to Entryway General Commercial (EGC). This zone district created some nonconforming issues with the newly built truck services center. This was not an allowed use in the EGC zone district. The Lockwood Growth Policy was adopted by the County Commissioners in 2017 and this area of Johnson Lane was shown as a "general commercial area with an entryway overlay" on the preferred land use map. The 2020 update to the zoning code retired the entryway zoning district but incorporated many of those site development standards into the new code sections for landscaping, signage and mixed use zone districts. The 2020 update to the County zoning regulations and map updated these parcels on the east side of Johnson Lane to CMU1 due to its previous zoning history and proximity to the residential neighborhood to the east.

The proposed Heavy Commercial (CX) zone district is a district that is similar to the previous Highway Commercial (HC) zone and the CC zone district. The zone district has basic setbacks, lot coverage, building height as well as site standards for off-street parking. The largest difference between the prior code and the new code is where adjacent property requires a buffer yard and screen between planned or existing uses. For example, any development of the 60-foot area on Lots 1 and 2 to be zoned CX will require a full buffer yard that includes a site-obscuring fence and a densely planted vegetative buffer including evergreen trees. The previous zone district of EGC also required this type of buffer yard, but the trigger for installation was never met over the last nearly 30 years. The visual impact of the existing uses from Mauser St has remained the same since the business was created in 1994. The expansion of the area zoned for commercial development has the potential to trigger the installation of the required buffer yard if the additional area is developed.

The applicant held a pre-application meeting and answered questions and concerns from the neighboring property owners. The meeting was attended by 4 of the 34 surrounding property owners. There were concerns about additional uses allowed in the CX zone such as bars and taverns, the potential for new commercial uses to access Mauser Street, potential marijuana uses, and general concerns with other uses such as adult entertainment. The applicant's agent John Halverson of Sanderson Stewart stated the owner desires to make his existing uses conforming to zoning and there is no intention to build a bar, tavern, adult use or marijuana business. Mr. Halverson stated no commercial access would be on to Mauser Street and the existing residential zoning on Lots 1 and 2 would remain in place for the frontage on Mauser Street and most of Lot 3 would remain RR1. 

The traffic on Johnson Lane and Old Hardin Road is tracked by the Planning Division's Transportation Planning staff. The most recent traffic information for Johnson Lane shows about 3,500 vehicle trips per day on this principal arterial street south of Old Hardin Rd. This is a 3-year rolling average. Old Hardin Road has a much higher average daily traffic as well as Johnson Lane north of Old Hardin Rd. The completion of the new bridge at the north end of Johnson Lane over the Yellowstone River and the future connection to Highway 312 and Main Street will increase traffic in and around the Johnson Lane interchange. A complete reconstruction of the interchange is proposed as a $45 million federal/state and local project in 2028 as part of the Long Range Transportation Plan for the metropolitan planning area for Yellowstone County. This area of Lockwood is poised to have additional traffic and demand for urban-level services in the next 10 years.

Planning staff has reviewed the application, the zoning history of the surrounding area, the Lockwood Growth Policy and transportation improvements planned for this area and is recommending approval of the zone change. The primary purpose of the request is to bring the existing uses into conformance with zoning. The owner has previously placed the property on the market for sale, but buyers are concerned with the zoning conformance. A legal noncomforming use was established prior to any of the previous or current zoning districts. The use may legally continue until a new use is proposed, or the existing use is destroyed or abandoned. An abandoned or destroyed nonconforming use cannot be re-established. This makes it difficult to insure or sell a property. Uses that may be established under the proposed CX zoning that are not allowed in the CMU1 zone district include large indoor or outdoor entertainment venues (trampoline parks, wedding venues etc.), adult entertainment that is more than 1,000 feet to a residential, neighborhood or mixed use zone as well as parks, playgrounds, day cares, schools and churches (these parcels would not meet these restrictions), animal shelters, campgrounds, testing laboratories, parking as a primary use, agricultural retail, large format retail (>50K GFA), vehicle sales and service, general contractor yards, industrial sales and service, truck sales and service, truck washes, limited and general manufacturing, warehousing (not chemical or petroleum products), utility substations, livestock auctions or feedlots, saw milling and commercial horse stables. Some of these uses include the existing uses on the property. Other uses, if or when developed on the property, would require compliance with the site development standards for those uses and with the required landscaping buffering, off-street parking and sign code requirements. A bar, tavern or casino is allowed by special review approval in the existing and proposed zone district. The special review requires a separation of least 600 feet from a church, school, or park with a playground. In addition, the code requires a separation of 350 feet to a residential zone district. The measurement is from the exterior of the bar or casino to the closest property line of the protected use. The Commissioners may waive the separation requirement where the applicant demonstrates the use will have a physical and visual barrier between the uses. Restaurants that serve alcohol are not required to go through this special review so long as the location sells more food than alcohol. Restaurants that also have a casino are required to go through special review and apply the separation distances.   

Planning staff received a call from Jacquelin Robinson of 707 Mauser, located at the intersection of Mauser St and Weaver Avenue. She was concerned about the area of Lots 1, 2 and 3 that are proposed to be change to the CX zone district. Planning staff clarified where the proposed zoning boundary will be located. Mrs Robinson stated she would be gathering petition signatures against the proposed zone change. As of the writing of this report, staff has not received any written comments from the surrounding owners.

PROPOSED DETERMINATIONS
County Zone Change 717
The Yellowstone County Zoning Commission, prior to making a recommendation to the County Commissioners, shall consider the following:

1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning does comply with the following goals of the Lockwood Growth Policy and area plans:

Provide ongoing assessment of land use and zoning to help guide future development. 
This zone change would allow for an overall zoning plan that is consistent with the existing uses and should allow future uses to be more compatible with the developed neighborhood to the east. The existing zoning district is intended to allow a mix of commercial and residential land uses on smaller lots that are adjacent to or across an alley from neighborhoods. The existing CMU1 zone district is not entirely consistent with the uses on the property and is larger than most other CMU1 zone districts. The CX zone is meant to allow heavy commercial, wholesale, warehouse-distribution facilities, and contractor commercial uses. This district allows outdoor storage and accommodates truck traffic. This district is intended to be located along corridors where proximity to residential and walkable mixed-use development is limited. Typically, CX zone districts are located some distance from neighborhoods, but do exist throughout the county in smaller pockets of development. There is a large area of CX zoning around the Zoo Drive interchange, south of the King Ave W interchange, on S Frontage Road east of the Agri-Center Subdivision, and individual parcels along Main Street and Old Hardin Rd. Many of these smaller parcels have some proximity to neighborhoods. The subject property and the CX zoning boundary will still be separated from the existing neighborhood on the east side of Mauser Street by at least 150 feet.

2. Is the new zoning designed to secure from fire and other danger? 
The subject property is currently served by the Lockwood Fire Department with mutual aid from the Billings Fire Department. The property has access from Johnson Lane, a principal arterial street. Mauser St is a residential street developed for the residential subdivision, Pat Dahl Subdivision. It is the general policy of the county to not allow commercial traffic on local residential subdivision roads. Construction standards for commercial traffic are much different than residential streets. The property is accessed from Johnson lane and has an existing access and approach that handles semi traffic, so there are no known issues related to Fire Department Access or other emergency services. The property is served by the Lockwood Water District that has fire hydrants throughout the Lockwood community.  The fire department may require additional fire suppression with any new development of the property.  The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies. 

3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: Development under the new zoning may increase traffic on Johnson Lane, a principal arterial street. The level of traffic increase will be dependent on the type of new use or uses proposed. Any new use that will generate 500 or more trips per day will be required to prepare a traffic impact study. Johnson Lane may need improvements to accommodate additional traffic. Johnson Lane carries about 3,500 vehicle trips per day south of Old Hardin Road. Ten years ago, the same section of Johnson Lane carried 2,500 vehicle trips per day. Most of this increase occurred between 2020 and 2021.
Water and Sewerage: The property is within the Lockwood Water and Sewer District. Water and Sewer needs will be evaluated at the time of any new development. The type of development may be limited to the capacity the Lockwood Water & Sewer district can provide.
Schools and Parks: The proposed zoning would likely have no impact for Lockwood Schools. The zoning does not allow residential uses.   
Fire and Police: The subject property is serviced by the Lockwood Fire District and the Yellowstone County Sheriff’s Department.  Fire suppression requirements will be evaluated at the time of any new development.

4. Will the new zoning promote health and general welfare?
The new zoning will allow the existing development to be conforming to the zoning. Nonconforming uses on property tend to lead to disinvestment in property, leading to poor property maintenance over time. Conforming properties do not have the same risk as a nonconforming property. The development for the truck services and repair has been in place for nearly 30 years (1994). The potential for new development will require the screening and buffering of this property from the neighborhood to the east to be installed. In 1994 there was no requirement for a landscaped buffer between these uses. Moving the zoning boundary for proposed Lot 5A-1 60 feet to the east will promote health and general welfare by encouraging new development under the 2020 County zoning regulations that requires landscape buffering. Further, the new zoning, like all zones regulates setbacks, height and other site and building characteristics in order to ensure the safe and orderly development. This is not unique to the CX zone, but instead is promoted by all districts.
 
5. Will the new zoning provide adequate light and air?
The proposed zoning will require minimum setbacks, maximum building heights and maximum lot coverage. These requirements allow adequate light and air to reach the subject property and adjacent properties. Similar to critieria four, The CX zone regulates site and building characteristics to ensure safe and orderly development. 

6. Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning itself will not generate more traffic. Any new use on the property may generate additional traffic on Johnson Lane. The impact of the new traffic will be evaluated at the time of development. Johnson Lane is slated to have a pedestrian facilities as part of the Long Range Transportation Plan for the planning area. Any new development may require contributions to the development of pedestrian facilities. Pedestrian traffic in the area is limited due to no pedestrian facilities. The Lockwood Pedestrian Safety District is working to get sidewalks in Lockwood, it would be beneficial for the development and the Lockwood community to include sidewalks along Johnson Lane.

7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with nearby urban zoning and development. The proposed zoning is compatible with the CMU2 zoning on the west side of Johnson Lane and will be compatible with the proposed zoning for property at 547 Johnson Lane (County ZC 719). The residential zoning that is adjacent to the east will require the most effective buffer yard between any new commercial development. This buffer yard has a minimum width of 10 feet on each side of the property line. Each parcel is responsible for their own buffer yard installation at the time of development. This results in a total buffer of at least 20 feet with trees, shrubs and other living plant material on both side of a 6 ft minimum height sight-obscuring fence or wall.

8. Does the new zoning consider the character of the district and the suitability of the property for particular uses? 
The subject property has been developed for the Fly In Lube and truck wash for about 30 years. Residential development exists to the east and commercial development is west across Johnson Lane. Johnson Lane and Old Hardin Road are the two primary commercial corrdiors in Lockwood. The land is suitable for the uses within the CX zone district and the current uses are conforming to the district. The character of the area is primarily commercial along both sides of Johnson Lane south of Old Hardin Road. The Lockwood Growth Policy stated this area should continue to provide commercial development potentially and areas further south should become the "Lockwood Town Center" where mixed uses and civic buildings will be encouraged. 

9. Will the new zoning conserve the value of buildings? 
The new zoning will allow the existing development to become conforming to the zoning district. The current development does not conform to the CMU1 zoning. The properties on Mauser Street will retain their residential zoning designation and no commercial traffic will have access to Mauser Street. This should encourage the value of buildings on the property and surrounding property.

10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the uses allowed in the CX zoning district. This is an appropriate use of land in this area of the County and will encourage future investment in this property. The Lockwood Growth Policy calls out this area for commercial uses. 

11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings? 
The proposed zoning is not close to the city limits of Billings and is compatible with the typical development in this area of Lockwood. 

Planning staff recommends approval of Zone Change 717 and adoption of the proposed findings of the 11 criteria.