County Zone Change #656:  This is a zone change from Residential 15,000 (R-150) to Community Commercial (CC) on the west 470 feet of the south 230 feet of Lot 18, Clark Subdivision, a 2.84 acre parcel of land, generally located at 1102 Garden Avenue. A pre-application neighborhood meeting was held on January 26, 2015 at Jim & Tracy’s Alignment at 2203 1^st Avenue South.

The Planning Division is recommending approval of the proposed zone change.

OWNER: Marvin Linde
AGENT: Eggart Engineering, Adam Schlegel; Jim Johnson, prospective buyer
LEGAL DESCRIPTION: West 470 feet of the south 230 feet of Lot 18, Clark Subdivision
ADDRESS: 1102 Garden Avenue
CURRENT ZONING: R-150
EXISTING LAND USE: Vacant
PROPOSED USE: Auto, truck and tire sales and service facility
SIZE OF PARCEL: 2.84 acres

None.

NORTH:	Zoning: R-150 and CC Land Use: Vacant land and single family residence
SOUTH:	Zoning: R-150 and CC Land Use: Agricultural and single family residences
EAST:	Zoning: CC and R-150 Land Use: Agricultural and single family residences
WEST:	Zoning: R-150 Land Use: I-90

This is a zone change request to allow the development of an auto, truck tire sales and service facility on the vacant land. The west portion of this property is currently zoned CC as are many other properties along this section of Garden Avenue south of the intersection with S 27th Street. In 1981, this property and several others were re-zoned to CC and annexed to the City of Billings in anticipation of the development of the Billings Mall. The development would have covered 72 acres on the west side of Garden Avenue. Several issues contributed to the demise of the planned mall development. The lots were subsequently de-annexed except for the west 150 feet of the lots with frontage on Garden Avenue. This area remained within the city limits and the CC zoning stayed in place. The other lots, or portions of the lots, subject to the de-annexation were returned to the R-150 County zoning. The owner now has a willing buyer for the property if the zoning can be changed to CC for the development of the proposed tire sales and service facility.

The property has an address of 1102 Garden Avenue on the County property records. The legally described property also includes 140 and 150 Garden Avenue located within the city limits and zoned CC. The property records indicate 1 single family residence as well as another dwelling although this is not visible from the street. There are several garages and sheds north of the dwellings that are located on the 1102 Garden Avenue property. The Grey Eagle Ditch bisects 1102 Garden Avenue from north to south. Kimble Drive borders the property to the south. This is a platted County right of way (Clark Subdivision) but has only a 20 foot wide gravel surface. Kimble Drive provides access to a small number of residential properties to the south. It appears some commercial buildings have been constructed to the south off Kimble Drive, but the zoning is still R-150.

Garden Avenue is not an annexed city right of way for most of its length. There are small sections that have been annexed as petitions for annexation have been approved. I has been lightly maintained south of the intersection with S 27th Street. The paved portion of Garden Avenue is on average 20 feet with gravel shoulders that vary in width from 18 inches to 3 or more feet. The right of way is 60 feet wide but most of this right of way is in the front yards of the adjacent properties. The property may be suitable for R-150 residential uses but most of the adjacent land is used for transportation - S 27th Street, the overpass and I-90. Noise generated from these uses would make residential uses incompatible. There is high groundwater in the area so on-site waste water disposable is not likely. Connection to public water and sewer would be required for any residential or commercial use of the property. The home at 150 Garden Avenue has water service but no sewer service. There is no sewer service line available in this area. The property may need to be annexed to extend another water service line to a new commercial business on the west 2.84 acres unless Environmental Health and MT DEQ approve the water and waste water systems for this lot without public systems. Given that the property is adjacent to property within the City Limits, it is very unlikely the property will be able to be developed in the County with water and wastewater systems.

Garden Avenue is not monitored for traffic volume on a regular basis. The last traffic count showed about 1,500 vehicle trips per day at this location. This traffic count was done in 2003 as a one-time snap shot. Re-development of the property for a commercial use would increase the nature and volume of traffic using a short section of Garden Avenue south of the intersection with S 27th Street. The County Public Works Department did not relay any concerns with this potential increase in traffic. If structures are located on the 1102 Garden Avenue parcel, Billings Urban Fire Service Area (BUFSA) will assess those lots for structure protection based on the use of those structures.

There are several single family dwellings in the area. The property at 126 Garden Avenue, directly north of this property, will experience the most change from any new commercial development of the property. Screening and buffering of this adjacent residential property will be required at the time of property re-development. The applicant has stated the main access to the parcel will be through the Garden Avenue frontage and not off Kimble Drive. The property could have an access off Kimble Drive, but the road as currently constructed would not support additional traffic and especially commercial traffic.  

The Planning Division has reviewed the application and is recommending approval based on the findings of the 11 review criteria. The 2008 Growth Policy supports new zoning that is compatible with adjacent uses and zoning districts. The property is not likely to develop for low density housing because of its unique location bordered by the interstate and S 27th Street. Agricultural uses of the property could continue but the lot is small for production of any significant amount of hay. The zoning will not be detrimental to the adjacent traffic patterns and new fire protection services will be assessed at the time new buildings are constructed in the county.  The new zoning is compatible with urban growth in the vicinity including the commercial greenhouses, and campgrounds to the south.

The Planning Division recommends approval and adoption of the findings of the 11 criteria for Zone Change 656.