This is a zone change request from Residential 6,000 (R-60) and Residential 9,600 (R-96) to Controlled Industrial (CI) on C/S 473 (R-96) and the South 132 feet of Lot 4 in the SW1/4 of Section 9, 1 South, 26 East (R-60) located at 415 and 431 South Billings Boulevard. The property is vacant and has been recently cleared and graded. The applicant is Hanser Properties, LP and represented by Ralph Hanser. The Zoning Commission conducted a public hearing on October 6, 2009, and is forwarding a recommendation of approval on a 3-0 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

The proposed zone change should increase the City’s tax base and contribute to the South Billings Boulevard Tax Increment Finance District.

The applicant is requesting to rezone a 4.87 acre parcel of land directly south of its existing automobile wrecking yard on the east side of South Billings Boulevard. Hanser Properties, LP recently purchased a property from the city that represents the south half of this proposed re-zoning. The property purchased from the city has a permanent storm water utility easement and no buildings can be constructed over the underground pipe. The easement runs along the north property boundary of the southern parcel of land (See Attachment A). The applicant held a pre-application neighborhood meeting on August 20, 2009 at its main facility on the west side of South Billings Boulevard. The attendance list and meeting notes are included as Attachment D. If the property is re-zoned, Hanser Properties intends to expand its wrecking facility to include this 4.87 acre site.

South Billings Boulevard is a principal arterial street that carries approximately 7,000 vehicle trips per day as a 3-lane, two way street. There is no on-street parking and a multi-use sidewalk was constructed on the east side of the street when it was re-built in 2006. Access to the site is provided through one existing drive approach off South Billings Boulevard. This location is in the South Billings Boulevard Urban Renewal and Tax Increment Finance District. The city has adopted an Urban Renewal Plan for this area that includes re-use of under utilized properties. The Southwest Corridor Task Force has written a letter of support for the zone change and subsequent special review to operate a vehicle wrecking facility on the site.

The lots to the north and west are zoned CI or Highway Commercial and have been fully developed for commercial purposes. The lots to the south and east are zoned residential and have been developed for residential uses. The proposed vehicle wrecking facility is an expansion of an existing facility to the north. The operation will include a “pick-a-part” yard that will operate from 7 am to 7 pm daily. The facility is proposed to be fenced and lighted similar to the existing facility.

The 2008 Growth Policy and the South Billings Boulevard Urban Renewal Plan support predictable land uses in existing neighborhoods and encourage compact commercial development where arterial streets exist to handle traffic. South Billings Boulevard is designed and constructed to handle large commercial vehicles such as tow trucks and delivery vehicles. The parcel will not have access to the east on Newman Lane that is a local residential street. The applicant will provide adequate screening, buffering and shielded lighting so any development of the property will not negatively affect those properties.

The Planning Division reviewed this application and recommended approval to the Zoning Commission based on the attached twelve (12) criteria for zone changes. The subject property is adjacent to an arterial street and the property is appropriate for CI uses and re-use. The zone change will not alter the character of the adjacent neighborhood because of site development requirements and because no access will be allowed to Newman Lane. The proposed zoning is compatible with the surrounding zoning and neighborhood character.

The Zoning Commission conducted a public hearing on October 6, 2009, and voted 5-0 to forward a recommendation of approval.

The Zoning Commission conducted a public hearing on October 6, 2009, and the applicant, Ralph Hanser, attended the hearing. Mr. Hanser explained the application to the commission. Scott Hanser testified in support of the zone change application. Tom Ruskewicz, Chairman of the Southwest Corridor Task Force, testified in favor of the application.

The City Council may approve, deny, delay or allow withdrawal of the zone change. All zone changes must be evaluated utilizing the 12 criteria set forth within Section 76-2-304, MCA. The following are the Zoning Commission’s determinations.
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 expansion of an existing facility 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 South Billings Boulevard and will allow re-use of property that was under utilized.
• Contiguous developed focused in and around existing population centers (Land Use Element, page 6).
The proposed zoning will provide a good in-fill and re-use of the property that has limited quality for residential uses.

2. Is the new zoning designed to lessen congestion in the streets?
South Billings Boulevard is a principal arterial that carries approximately 7,000 vehicle trips per day. No significant increase in traffic load is anticipated from this zone change although the nature of the traffic will change from daily residential traffic to commercial traffic during business hours. Access to and from the new storage yard will be controlled by the city.

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 R-60 and R-96 zoning allows residential uses and limited home-based businesses. The unplatted parcel zoned R-60 was city-owned property that was acquired for the installation of an underground stormwater pipe. In 2008, the city offered the property for sale with a permanent easement for the stormwater pipe. The proposed zoning of CI would allow development of the lot for Hanser’s wrecking and storage lot. The permanent easement across the north 40 feet of the southern parcel limits the ability of a developer to construct buildings on the parcel.

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 R-60 zoning allows up to 40% lot coverage and the R-96 zone allows 30% lot coverage. Lot coverage only includes the area of the lot covered by structures and does not include pavement. The proposed increase in lot coverage should not overcrowd the property.

7. Will the new zoning avoid undue concentration of population?
The proposed zoning does not allow residential uses by right. Single family homes may be allowed by special review approval. The proposed zoning would not unduly concentrate 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 should have no impact on the arterial street.
Water and Sewer: The City provides water and sewer to the property through existing lines on the applicant’s property.
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 quality of residential use of this property is limited by its location and proximity to commercial and industrial uses to the west and to limited access on the east. Any development of the parcel will have to meet minimum standards for landscaping, buffering of adjacent residences to the east and south as well as access restrictions. 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 west and north of the subject property along South Billings Boulevard are zoned CI and 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. The property is within the South Billings Boulevard Tax Increment Finance District. Any incremental increase in the property taxes from these parcels will be set aside for use for public improvements within the district.

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 the Southwest Corridor of Billings.