This is a special review request to locate a motor vehicle wrecking yard on the south 2 acres of the north 4 acres of Lot 5 in the SW1/4 of Section 9, Township 1 South, Range 26 East, a 2-acre parcel of land generally located at 505 and 521 S Billings Blvd. The proposed zoning of the parcel is CI. (See Zone Change 947) The Zoning Commission conducted a public hearing on July 5, 2016, and is forwarding a recommendation of conditional approval and adoption of the findings of the 3 review criteria on a 4-0 vote.

Special Review applications are reviewed using City Code criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not require an ordinance for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.

 

City Council may:

• Approve the request
• Conditionally approve the request
• Deny the request
• Allow the applicant to withdraw the request
• Delay action on the request for up to 30 days

The Planning Division reviewed the request and recommended conditional approval based on the findings of the 3 review criteria. The Zoning Commission concurred with this recommendation. Before a recommendation of approval or conditional approval may be made, each special review request must demonstrate conformance with three primary criteria: 1) the application complies with all parts of the Unified Zoning Regulations, 2) the application is consistent with the objectives and purposes of the Unified Zoning Regulations, the 2008 Growth Policy including any neighborhood plans, and 3) is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts.

This application conforms to the first criteria because the proposed use will be in a zoning district where vehicle wrecking facilities may be allowed by special review approval. The application is consistent with the objectives and purposes of the Unified Zoning Regulations and the site plan appears to meet all of the requirements of those regulations. The application is consistent with the adopted Growth Policy and Infill Policy to encourage development or re-development of property with compatible uses in existing neighborhoods where city infrastructure already exists and can readily serve the property. The City and County have also adopted the South Billings Boulevard Urban Renewal Master Plan as part of the tax increment district for this area. The master plan emphasizes the need to preserve existing stable neighborhoods, take advantage of commercial expansion opportunities and completion of missing City infrastructure including water, sewer, paved streets and pedestrian facilities. The proposed re-zoning and special review use is compatible with the goals of this master plan. The proposed use may have some adverse impact to the immediate vicinity and the Planning staff is recommending several conditions of approval to ensure these potential impacts are minimized.

The Zoning Commission recommends the following conditions of approval:
1. The special review approval shall be limited to the South 2 acres of the North 4 acres of Lot 5 in the SW1/4 of Section 9, Township 1 South, Range 26 East (unplatted) generally located at 505 and 521 South Billings Boulevard.
2. Development of the site shall be as shown on the submitted site plan and consist of screening fencing, landscaping and no vehicle access to either S Billings Boulevard or Newman Lane. Modifications to the site that show additional area greater than 10% of the proposed area will require additional special review approval.
3. The area between the screening fence along the south property line and the adjacent residential neighborhoods shall have a heavy duty weed fabric barrier covered with crushed landscape rock. The owner shall maintain this area in a weed and debris free condition. Security gates between the owner's fence and the adjacent residential fences at each end (east and west) of this gap area will be installed to secure against
un-authorized access.
4. All outdoor lighting of the salvage yard area shall be equipped with full cut-off shields so that the lighting does not spill onto surrounding properties. Outdoor lighting within 50 feet of the south property line and the east property line will be a maximum height of 15 feet above grade in addition to the full cut-off shield requirement.
5. All inoperable vehicles shall be stored within the fenced area and shall not be stacked in such a way that they are visible above the fence line.
6. Business hours shall be limited to between 7:00 am and 7:00 pm.
7. A state Motor Vehicle Wrecking License shall be obtained within 12 months of the approval of this special review. A copy of the license shall be provided to the Planning Division. There will be special restrictions placed on the state licensure during the written document period of the state application process, which can take up to 120 days, specifying that there shall be no crushing of vehicles. The vehicles in the yard shall be hauled to a licensed wrecking yard when no longer needed.
8. All storm water shall be retained on-site, and not discharged into the City’s storm drain line, unless otherwise approved by the City of Billings.
9. These conditions of special review approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.
10. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings, regulations and ordinances that apply.

If the special review is approved, the property will be re-develop and assessed at a higher market rate. This will raise the City's tax base and benefit the SBBURA Tax Increment Finance District.

This is a special review request to allow the expansion of Hanser's vehicle wrecking facility to the south of its existing location. The property is zoned R-60 and a companion application to change the zoning to CI is pending. Approval of the zone change is required for the special review to be effective. Vehicle wrecking facilities require special review approval prior to development in CI zoning. Wrecking yards and ancillary uses can have a detrimental impact on the surrounding neighborhood and are heavily regulated by the state and the City to ensure those potential impacts are mitigated. Hanser's currently operates an 11-acre storage yard directly north of the subject property. This storage yard is used primarily for a
"pick-a-part" operation where customers can pay a lower price for used parts if they remove those parts themselves. Consequently, this storage yard does not contain stacked vehicles and all fluids and potential hazardous materials are removed from the vehicles before they are placed in the yard. The facility hours are limited and it is not open 24 hours per day.

There are 2 existing single family homes on the 2 acre site. The proposal will require demolition and removal of these homes. The expansion area will only have access through the existing yard so the 2 drive approaches on S Billings Blvd. will be closed and the boulevard restored. The applicant has agreed to a special treatment of the area adjacent to the residential subdivision to the south. The sight obscuring fence along this property line will be set in so a gap will exist between the residential fences and the wrecking yard fence. In between the fences, the applicant will install a heavy duty weed fabric and crushed landscaped rock. The owner will maintain this area in a weed-free condition and install security gates at each end of the landscaped gap to prevent un-authorized access.

The interior of the site will be graded to drain to the center of the lot and all storm water will go through an oil/water separator system. A state permit for storm water pollution prevention will be obtained along with the required Wrecking Facility license. The state license has separate conditions of approval and a yearly inspection is required for license renewal.
 

The Zoning Commission conducted a public hearing on July 5, 2016, and received the staff recommendation, testimony from the applicants, Ralph Hanser and Scott Hanser, and the agent, Bill Morgan from Sanderson Stewart. The Commission also received a written letter of opposition from an un-named tenant at 505 S Billings Blvd. There was no other testimony received.

The testimony concerning the special review request and the zone change (ZC 947) was received at the same time. Please refer to the testimony in the Stakeholder section of Zone Change 947. 

Commission Member Larson made a motion to recommend conditional approval and adoption of the findings of the 3 criteria for the special review. The motion was seconded by Commission Member Ulvestad. The motion was approved on a unanimous voice vote (4-0).

Consistency with Adopted Policies and Plans is discussed in the Alternatives Analyzed section above.