This is a zone change request from Residential Manufactured Home (RMH) to Highway Commercial (HC) on the west 388 feet of Lot 10A, Holling Ranch Subdivision, located at 2100 Main Street. The east half of Lot 10A is already zoned HC. The property is vacant and the north west corner of the parcel has frontage on Sharron Lane. The applicant is E & S, Incorporated, and is represented by Sanderson Stewart. The applicant conducted a pre-application neighborhood meeting on October 22, 2009. The Zoning Commission conducted a public hearing on December 1, 2009, 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 must hold a public hearing and then may:

• Approve the zone change request;
• Deny the zone change request;
• Allow withdrawal of the application; or
• Delay action for up to thirty (30) days
   

If approved by the City Council, the proposed zone change should increase the City’s tax base when the property is developed for commercial uses. 

The applicant is requesting to rezone a 0.9 acre parcel of land on the east 388 feet of Lot 10A in Holling Ranch Subdivision. The land is currently vacant but used to have a gas station and retail building on the Main Street frontage. The east half of the parcel is already zoned HC and could support commercial and limited industrial uses. The parcel directly north has the same “split” zoning of HC on the Main Street frontage and RMH on the west half of the parcel. That parcel, C/S 451, is in separate ownership and is not part of this rezoning request. E & S, Inc. purchased Lot 10A in 2006 and demolished the structures along the Main Street frontage. The applicant intends to develop the parcel for self storage and a concept plan showing potential development was presented at the pre-application neighborhood meeting held on October 22, 2009. The attendance list and meeting notes are included as Attachment D.

Main Street is a principal arterial street that carries approximately 18,000 vehicle trips per day as a 5-lane, two way street with periodic openings for center turn movements. Two-and-half miles south of this location, Main Street carries nearly 50,000 vehicle trips per day, making Main Street the highest traffic volume road in Billings. There is no on-street parking and a curb sidewalk that gets little pedestrian traffic. There is a raised median so traffic wanting to access this site needs to be traveling in the south bound lanes of Main Street. There is a dedicated left turn bay for north bound traffic to turn on to Sharron Lane and drivers could make a u-turn to the south bound lanes to access the property. Access to the site is provided through one existing drive approach off Main Street. Sharron Lane, to the north and west, is designated as a local residential street and is paved. However, Sharron Lane is not fully developed and lacks curb, gutter, and sidewalks. Commercial access would not be allowed from Sharron Lane. An emergency access from Sharron Lane for fire, police and other public safety personnel may be necessary at the time of lot development.

The lots to the north and west are zoned RMH and HC and have not been fully developed for commercial or residential purposes. Tract D of the directly adjacent C/S 451 is still an open field but residential dwellings have been developed on the north side of Sharron Lane and residences have been built on the south side of Sharron Lane west of the subject property. The lots to the south and east are zoned HC and have been developed for various commercial uses. The proposed HC zoning allows offices, retail uses, service industries and some very limited industrial uses. Some of these uses may or may not be appropriate for this location. The proposed use at this time is for self storage mini-warehousing as well as field storage for boats, RVs and similar items.

The 2008 Growth Policy and the Heights Neighborhood Plan support predictable land uses in existing neighborhoods and encourages compact commercial development where arterial streets exist to handle traffic. Main Street is designed and constructed to large volumes of traffic. The property will not have commercial access to Sharron Lane, although an emergency access may be required. The applicant will provide adequate screening, buffering and shielded lighting so any development of the property should not negatively affect residential property on Sharron Lane.

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

The Zoning Commission conducted a public hearing on December 1, 2009, and concurred with the Planning Division recommendation.

The Zoning Commission conducted a public hearing on December 1, 2009, and the applicant, Jeff Engel, and agent, Will Ralph, P.E. of Sanderson Stewart, attended the hearing. Mr. Engel and Mr. Ralph explained the application to the commission. Myles Egan, Best Realty, and Mike Oliver, NAI Business Properties, also testified in favor of the application. No other persons testified either in favor or opposition to 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 a vacant parcel to be used for commercial purposes 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 Main Street 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?
Main Street is a principal arterial that carries approximately 18,000 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 any development of the property will be controlled by the city and Montana Department of Transportation if new or relocated drive approaches area required.

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 RMH zoning allows residential uses and limited home-based businesses. The lot was placed in this zoning configuration when the County adopted zoning in 1973 and it has not changed since that time. Originally a gas station and retail store was located on the Main Street frontage that is currently zoned HC. An irrigation drainage ditch runs through the frontage along Main Street and defines the western boundary of the parcel. It appears the re-zoning of the parcel will lead to in-fill development that will be beneficial to the health and general welfare of the area.

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 RMH zoning allows up to 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 allows residential uses but must use the same lot area, lot coverage and setbacks as required by RMF-R zoning. Single family, two-family and multi-family would be allowed. The current zoning allows single family homes and manufactured homes on lots of at least 6,000 square feet per dwelling unit. The area zoned RMH could accommodate up to 7 dwelling units. The proposed zoning could allow a 25-unit apartment building, however, building setbacks, lot coverage and off-street parking requirements would limit the maximum number of apartments to less than 25. 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 and might need to be upgraded when development occurs.
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 east and south and limited access on the west. Any development of the parcel will have to meet minimum standards for landscaping, buffering of adjacent residences to the west and north 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 east and south of the subject property along Main Street are zoned 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.

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 Billings Heights.