This is a zone change request from Residential 6,000 (R-60) to Controlled Industrial (CI) 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. A pre-application neighborhood meeting was held on May 24, 2016 at 430 S Billings Blvd. The Zoning Commission conducted a public hearing on July 5, 2016, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 4 to 0 vote. The City Council approved the zone change on 1st reading on July 25, 2016. Zone changes require a 2nd reading.

Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another types of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district. 
 

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission;
• Deny the zone change and adopt different findings of the 10 criteria;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

The Planning Division reviewed the zone change and the 10 criteria for the application and recommended approval to the Zoning Commission. The Zoning Commission concurred. The zoning is compatible with the existing zoning to the north and west. The proposed special review use, a wrecking yard, will need to be approved prior to the expansion onto this property. The special review will have several conditions of approval to mitigate the potential impacts on the surrounding neighbors to the south and east. The zone change will not alter the character of the adjacent neighborhood because of site development requirements and no access will be allowed to Newman Lane. The proposed zoning is mostly compatible with the surrounding zoning and neighborhood character.

Prior to making a decision on the zone change request the City Council shall consider the following:
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 allow the expansion of the existing 11 acre wrecking facility directly north of the subject property. The existing land use, 2 single family dwellings, under-utilizes the 2-acre site. Re-development under the existing zoning could allow up to 12 new dwelling units, although this is unlikely given the shape of the lots, the access to a principal arterial street and the surrounding commercial development. The zoning district is compatible with the neighborhood character and land use patterns. Adjacent residential zones will be protected through the special review process for the proposed use. The Infill Policy encourages development of vacant and undervalued property within the city limits with emphasis on efficient use of existing city infrastructure and services.

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 and public safety will be promoted by the proposed zoning. Re-development of the vacant land in the City will promote the public health and safety as well as the general welfare by improving the appearance of the area, reducing the number of driveway openings on the arterial street and adding value to the tax increment district. The adjacent residential neighborhood will be protected through the conditions of special review approval for the proposed use.

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 have little impact on the surrounding transportation systems. The City Engineering Division will work closely with the owner to ensure any impacts are minimized.
Water and Sewer: The City will provide water and sewer to the property if requested. There will be no additional impact to the system from the proposed zoning.
Schools and Parks: Schools and parks should be unaffected by the proposed zone change.
Fire and Police: The subject property is served by City public safety services. The Police Department had no concerns with the zone change and the Fire Department will be involved in any development plan and building permit(s).

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?
The new zoning will have an effect on vehicle and pedestrian traffic. Removing 2 drive approaches from S Billings Blvd will improve the safety of the multi-use trail on the east side of the street. Construction and demolition on the site may disrupt traffic patterns for short periods of time.

7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow commercial activity on an underutilized property as an infill project.

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 the district and the suitability of the property for a the proposed use.

9. Will the new zoning conserve the value of buildings?
The property is currently developed with 2 older single family dwellings at a density of 1 dwelling unit per acre. The existing homes can remain but the proposed development plan is to demolish the dwellings if the zoning and special review are approved.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit commercial and industrial uses similar to surrounding uses to the north and west. Existing residential neighborhoods to the south and east will be protected through the application of conditions during the special review.
 

If the zone change and special review are approved, the property will be re-developed for an expansion of Hanser's vehicle wrecking yard. The City will assess fees based on the new zoning and the property value will increase based on the new development. The existing wrecking yard to the north pays about $2,593/acre in property taxes. The current property tax on the subject property is about $750/acre.
 

The Zoning Commission recommends approval and adoption of the findings of the 10 criteria for Zone Change 947 on a 4-0 vote.