This is a zone change request from Community Commercial (CC) to Residential Manufactured Home (RMH) on Lot 13 of Kuhlman Subdivision, an 8,832 square foot parcel of land. The property is owned by Duane and Carol Long (Long Brothers Trucking) and the agent is Heather Long. The property is 1 lot in multiple lots used by Long Brothers Trucking for storage of materials and repair of trucks. Lot 13 had a manufactured home in the past but the last manufactured home was removed more than 1 year ago and another manufactured home cannot be re-established except through a zone change. The owners conducted a pre-application neighborhood meeting on May 22, 2013, at the subject property. The pre-application meeting notes are included as Attachment C. The Zoning Commission conducted a public hearing on July 2, 2013, and is forwarding a recommendation of approval on a 4-0 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

Approval of the zone change will lower the fees assessed on this lot for arterial construction and storm water system maintenance.

The applicant is requesting to rezone 1 parcel on the east end of the property generally located at 441 Josephine Drive. In 1978, Mr. Long petitioned the County to re-zone the property from RMF to CC so his business could continue to grow and expand at this location. At the time, there was a manufactured home on the property and this continued to be the case until a few years ago when it was removed. Mr. Long would now like to place a newer manufactured home on the east end of the property. The ability to replace a manufactured home on the property expired after the last one was removed and not replaced for more than 1 year. The owner is seeking a zone change from CC to RMH so another manufactured home can be placed only on Lot 13. Lots 14 through 19 will remain CC zoning and the business will continue on these lots. The lot and the manufactured home will have an address of 441 Josephine Drive. The remaining lots owned by Mr. & Mrs. Long will retain the previous address of 429 Josephine Drive.

The properties to the north and south is zoned RMF and have manufactured homes. Property to the east is zoned CC but is developed with a manufactured home. One of the lots to the south and east is developed for apartments. This area between Main Street and Lake Elmo Drive is a mixture of zoning and land uses ranging from commercial storage, repair businesses, apartments, manufactured homes and site-built homes. The Heights Neighborhood Plan indicates a goal of maintaining similar housing choices within established neighborhoods. A zone change to RMH for this lot will reflect similar housing in this area and is compatible with other housing choices.

The current volume of traffic on Lake Elmo Drive averages 6,470 vehicle trips per day. There should be no impact on Lake Elmo Drive traffic from this zone change. There is already an access drive onto Josephine Drive, a paved street, with graveled boulevards. There should be no traffic impacts to Josephine Drive.

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 implementation of compatible zoning in existing neighborhoods. The proposed zoning and use is compatible with the area. The Planning staff received one inquiry from a neighboring property owner regarding the zone change and the individual seemed satisfied with the information provided to him. Staff did not receive any phone calls or letters of concern from surrounding owners.

The RMH zone requires a front property line minimum setback of 20 feet, an 8-foot side setback and a 20-foot rear setback. It appears the manufactured home will meet the required setbacks, lot coverage and other zoning requirements for the RMH zone.

The applicant conducted a pre-application neighborhood meeting on May 22, 2013 and 1 surrounding owner attended the meeting. The meeting notes are included in Attachment C. 

The Billings Heights Neighborhood Plan adopted by the City in 2006 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 July 2, 2013 and received the staff recommendation. No other persons testified. The Zoning Commission considered the staff recommendation of approval. Commission member Barbara Hawkins made a motion to recommend approval and this was seconded by Dan Wagner. The motion was approved on a 4-0 vote.

The Planning Division reviewed the application and recommended approval based on the ten (10) criteria for zone changes. The subject property is adjacent to a mixture of residential uses and commercial uses. Uses allowed in the RMH zoning are compatible with the surrounding zoning and neighborhood character. 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 any 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 owner to re-establish a manufactured home on this lot in an area that has a mixture of manufactured homes and multi-family residences. The proposed zoning is consistent with the neighborhood character and land use patterns between Main Street and Lake Elmo Drive. The proposed zoning is compatible with the existing uses on Josephine Drive and Kuhlman Drive to the north.  
• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6) 
The existing zoning is restricted to commercial uses and site-built residential homes. The proposed zoning will allow the owner to re-establish a manufactured home on the lot while retaining the commercial zoning and uses to the west.  

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 owner will have the opportunity to establish a conforming use of the lot. The resident of the manufactured home will be able to observe the activity on the commercial lot during non-business hours and this will enhance public safety.

4. Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:  The proposed zoning will no have no impact on the surrounding streets.

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 single family residence averages between 8 and 10 vehicle trips per day. This includes deliveries to the residence in addition to trips to and from by the occupants. The site is currently developed and the change in zoning should not have any effect on existing traffic patterns.

7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The new zoning will allow a manufactured home to be established in an area of mixed uses and mixed housing choices. 

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 residential uses.

9. Will the new zoning conserve the value of buildings?
The existing commercial building and development to the west of Lot 13 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 manufactured homes to located in an area that has many lots developed with manufactured homes and is the most appropriate use of the property.