This is a zone change request from Residential Manufactured Home (RMH) to Highway Commercial (HC) on Lots 10 and 11, Block 5, of Wanigan Subdivision, a 22,082 square foot parcel of land. The property is owned by Gerald Watson (The Paint Doctor) and the agent is Darryl Wilson of River Crossing Real Estate. The property is used as a fenced storage yard for the Paint Doctor business at 1005 Main Street. The owners conducted a pre-application neighborhood meeting on April 16, 2013. The pre-application meeting notes are included as Attachment C. The Zoning Commission conducted a public hearing on June 4, 2013, and is forwarding a recommendation of approval on a 3 to 0 vote.

State law at Section 76-2-304, MCA, requires that all zone changes be reviewed in accordance with 10 criteria. Using the 10 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

There should be minimal impact to the city's tax base from the proposed zone change. The zone change will change the fees assessed for arterial construction and storm water since these are based on the zoning of property and not the use of property. The zone change will add stability to this commercial property by conforming the zoning to the existing use.

The applicant is requesting to rezone 2 parcels located generally east of 1005 Main Street. The lots have frontage on Shawnee Drive but the majority of the access to the property is from the Paint Doctor at 1005 Main Street. The business uses these lots for storage of vehicles and parts for the business. The original zoning, RMH, is still in place for these lots east of Main Street. In 2012, TireRama received a similar zone change for property at 1001 Main Street and 2 lots east of the main business on Shawnee Drive.



In 1979, the main Paint Doctor property was re-zoned from RMH to HC to allow an existing automotive repair shop to be in conformance with zoning. The applicant would like to bring the existing storage lots into conformance with the zoning. There is a permanent easement between the Main Street property and the Shawnee Drive property for BBWA irrigation water. No structures may be built over the easement. The Wanigan Subdivision is one of the oldest subdivisions in Billings Heights and includes residential and commercial lots. The streets have not been paved but water and sewer services are provided by the city. The property to the north is the vacant parking lot for the former Circle Inn. Lee Steffanich also has a residence on this property to the east of Main Street. The former Circle Inn, located just north of the subject property, has been re-developed for an Auto Zone business. The former Circle Inn golf course is developing as personal mini-storage warehouses. The lots to the south are zoned HC and are vacant. The property to the west across Main Street is zoned HC and supports the Town and Country Plaza, a multi-tenant commercial development. Main Street is an arterial street and state-maintained route that connects I-90 with communities north and east of Billings. The current volume of traffic on Main Street averages 36,880 vehicle trips per day. There should be no impact on Main Street traffic from the re-zoning since the commercial business exists and the storage area on the two lots is already in use.

The zoning code requires any new commercial development or significant re-development to provide screening and buffering when the property is within 50 feet of a residential use or residential zone. If the property is fully re-developed, the owner will be required to fully screen the storage from the adjacent residences on Shawnee Drive. The lots on Shawnee Drive could be developed for other uses allowed in the HC zone however, given the location on an unpaved street without direct arterial street access, the development potential is limited.

The Billings Heights Neighborhood Plan indicates the property between Main Street and Bench Boulevard should develop with a mixture of uses including commercial, retail and higher density residential uses. The 2008 Growth Policy encourages the location of commercial uses at intersections of arterial streets to avoid “stripping” commercial zones narrowly along arterial streets. The practice of commercial strip zoning is evident in the traffic congestion and accessibility problems along Main Street, Grand Avenue, and 24th Street West. The proposed HC zoning for these 2 lots will allow the use to continue and for re-development to occur in the future. The current use will become a conforming use.



The HC zone requires a maximum building height of 45 feet and a front property line minimum setback of 20 feet. The arterial street setback is 60 feet to the centerline of the right-of-way for any new building and 50 feet from the centerline for any required parking. It appears the existing Paint Doctor building at 1005 Main Street meets the required setbacks, lot coverage and building height for the zoning district. It is nonconforming to the site development standards for landscaping (none), and screening of solid waste and storage areas (none). These nonconformities may continue unless the property is redeveloped or the building is expanded by more than 25% of its existing area. The applicant conducted a pre-application neighborhood meeting on April 16, 2013. No surrounding owners attended the meeting and the Planning Division staff did not receive any communication from the surrounding owners prior to the Zoning Commission hearing. The 2006 Heights Neighborhood Plan states the purpose of the plan is to guide the long-term growth of Billings Heights. A preferred land use map was developed locating and encouraging the retention of most commercial uses along Main Street and to locate a mixture of uses between Main Street and the parallel streets of Lake Elmo Drive and Bench Boulevard. The 2008 Growth Policy encourages the compatibility of adjacent zoning to new zoning especially in established neighborhoods. The proposed zoning is compatible with the adjacent zoning and existing land uses.

The Zoning Commission conducted a public hearing on June 4, 2013, and received the staff recommendation and testimony from the agent, Darryl Wilson of River Crossing Real Estate. No other testimony was received. The Zoning Commission voted 3 to 0 to recommend approval of Zone Change #910.

The Planning Division reviewed the application and recommended approval to the Zoning Commission based on the ten (10) criteria for zone changes. The Zoning Commission concurred with this recommendation. The subject property is adjacent to commercial uses to the north, south, and west. Uses allowed in the HC zoning are compatible with the surrounding zoning and neighborhood character. Some uses in the HC zone would only be allowed by special review approval such as on-premise service of alcoholic beverages. Any development or re-development of the property requires compliance with the new zoning and the ability to meet site development requirements and traffic safety standards. The 2008 Growth Policy and the Billings Heights Neighborhood Plan encourage 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.

Prior to making a decision on the proposed zone change, the City Council shall consider the following 10 criteria:

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 commercial use to continue in conformity with the zoning. The two vacant lots on Shawnee Drive may add value to the tire shop by providing additional area for storage. The area along Main Street and the property adjacent to the east have been used for commercial purposes since the late 1970s. The proposed zoning is consistent with the neighborhood character and land use patterns between Main Street and Bench Boulevard. Development standards are in place to require screening, buffering, and mitigation of any potential conflicts with adjacent residential uses. The proposed zoning is compatible with the existing uses on Shawnee Drive and Radford Square.

• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6) The existing zoning is restricted to residential uses. The proposed zoning will allow the retention of the commercial use on Main Street and re-development of the property in the future.

• Business development and rejuvenation in the Heights.(Economic Development Goal, Page 8) The proposed zoning will allow continuation of an existing use and the re-use of land for new business development.

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, safety and general welfare will be promoted by the proposed zoning. The nonconforming zoning discourages investment in the property.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements? Transportation: The proposed zoning may have some impact on the surrounding streets if the property is redeveloped in the future. A traffic impact study may be required depending on the development that is built on the property in the future. New development that generates 500+ new vehicle trips per day will require a Traffic Accessibility Study (TAS).

Water and Sewer: The City provides sewer to the property and water is provided by Billings Heights Water District. Schools and Parks: There should not be any impact to schools from the proposed zone change.

Fire and Police: The subject property is currently served by the city Public Safety Services.

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? Traffic generation from a commercial site is dependent on the specific uses within the development. The site is currently developed and the change in zoning should not have any effect on existing traffic patterns.

7. Will the new zoning promote compatible urban growth? The new zoning does promote compatibility with urban growth. The new zoning will allow investment in the property, increasing property value over time.

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 district and the suitability of the property for commercial uses including neighborhood and commuter service businesses.

9. Will the new zoning conserve the value of buildings? The existing commercial building and development will be conserved by the new zoning.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings? The proposed zoning will permit a greater variety of uses on the property and is the most appropriate use of the property.