Item #1 - Zone Change #661 – 159 Garden Avenue  - A zone change from Residential 15,000 (R-150) to Community Commercial (CC) on Lots 19 & 20 Clark Subdivision, a 12.352 acre parcel of land. A pre-application neighborhood meeting was held on April 27, 2015 at the subject property. Tax IDs: D01776, D01777 and D01778.

The Planning Division is recommending approval based on the findings of the 11 criteria for Zone Change 661.

OWNER: Marvin Linde, David Linde and Brian Linde
AGENT: Blueline Engineering, LLC
LEGAL DESCRIPTION: Lot 19 and the north part of Lot 20, Clark Subdivision
ADDRESS: 159 Garden Avenue
CURRENT ZONING: R-150
EXISTING LAND USE: Single family residence and agricultural use
PROPOSED USE: Possible Business Park
SIZE OF PARCEL: 12.352 acres

None.

The south half of Lot 20 and Lot 29 in Clark Subdivision was changed to CC zoning in July 1974 for the existing garden and nursery center at 219 Garden Avenue directly south of the subject property. Lot 34 in Clark Subdivision located at 305 Sugar Avenue was granted a zone change to CI in November of 1974. Lot 8 in Clark Subdivision located generally at 12 Garden Avenue was granted a zone change to CC in August 1977. Lots 35 & 36 in Clark Subdivision located at 344 and 348 Nall Avenue were changed to CI zoning in 1978. The property at 306 & 302 Nall Avenue was changed to CI zoning in 1979. Lot 9 in Clark Subdivision located at 105 Garden Avenue was changed to HC zoning in 1981. Also in 1981, many properties on the west side of Garden Avenue south of the S 27th St intersection were annexed and zoning was changed to CC for the proposed Billings Mall project. For many reasons, the project did not come to fruition and most properties were de-annexed and returned to the original R-150 zoning in the county. The properties with frontage on Garden Avenue were not de-annexed entirely and the portions remaining within the city limits are still zoned CC.

A proposed re-zoning of the north half of Lot 19, a portion of 1 of the subject properties, from R-150 to CC was denied in 1982 and again in 1985. A similar zone change was also denied for the Rogers Subdivision (formerly the north 420 feet of Lot 9 in Clark Subdivision) located generally at 15 Garden Avenue. The County recently approved a zone change to CC for property west of 150 Garden Avenue for a proposed vehicle service business. 

NORTH:	Zoning: R-150 Land Use: Low density residential homes and agriculture
SOUTH:	Zoning: CC Land Use: Commercial greenhouse and nursery
EAST:	Zoning: RMH Land Use: Manufactured single family homes (Buena Vista Avenue)
WEST:	Zoning: R-150, R-96 & CC Land Use: Single family homes and small commercial businesses

This is a zone change request to facilitate the development of a business park on this property by a prospective buyer, Steve Henry. Mr. Henry owns and operates Henry's Garage, a special event venue locate north and west at 12 Garden Avenue. Henry's Garage is located in a CC zoning district. The subject property is approximately 12.5 acres of land on the east side of Garden Avenue generally located at 159 Garden Avenue. There is a single family residence on the property but the remainder of the land is used for agricultural purposes. There are 4 single family homes that share a common boundary line with this property that have frontage on Garden Avenue. In addition, to the east there are 8 homes that share a boundary with the subject property. These home are on Buena Vista Avenue. There is one home to the north of the subject property at 107 Garden Avenue. Any development of the property for commercial purposes will need to screen and buffer these adjacent residential uses in residential zones so potential impacts from noise, lighting and traffic can be minimized.

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. It 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.

The proposed CC zoning has a wide range of potential commercial uses primarily focused on retail commerce, business services and office space. The CC zoning also allows a mixture of these uses with residential uses although the history of mixing residential, retail, services, and offices in the CC zoning district is not common in Billings or Yellowstone County. Any development of a business park or a mixed use development will require provision of centralized water and sewer services. Water service is available from Garden Avenue, however the closest sanitary sewer is a 1/4 mile away on the north side of Interstate 90 or north on Charlene Street west of the City Water Treatment Plant. The City's Capital Improvement Plan does not include the installation of a sanitary sewer line on Garden Avenue. If sanitary sewer is necessary for a commercial development, the developer would have to bear the burden of this capital improvement. There are several types of commercial development that are less public utility dependent, such as personal storage warehouses or similar warehousing operations. Businesses that have large outdoor storage needs such as construction contractors, hardware stores, nurseries and greenhouses, vehicle sales, rentals and services may not need access to public sanitary sewer services due to the lower volume of waste water generated by these businesses.

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 property in the future, Billings Urban Fire Service Area (BUFSA) will assess those lots for structure protection based on the use of those structures. If the property is annexed it will be served by the Billings Fire Department and other public safety services. All of the property along Garden Avenue is shown within the 5-year limits of annexation for the City of Billings.

The Planning Division is recommending approval based on the proposed findings of the 11 review criteria for this zone change. The 2008 Growth Policy supports new zoning that is compatible with adjacent uses and zoning districts. Agricultural uses of the property could continue even after the zone change. 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 location has proximity to one of the three Interstate 90 interchanges within the City of Billings. South 27th Street north of this interchange carries nearly 14,000 vehicle trips per day (a 3-year rolling average). The traffic south of the interchange and on Garden Avenue has not been counted on a regular basis but as new businesses and services are added to this area, traffic counts may become more regular. The new zoning is compatible with urban growth in the vicinity including the commercial greenhouses, the two campgrounds to the south, Henry's Garage event venue to the north and the proposed Jim & Tracy's vehicle service shop west across Garden Avenue.

The Planning Division recommends approval based on the findings of the 11 criteria for Zone Change 661.