City Zone Change 953 – 940 and 950 Yellowstone River Road – A zone change request from Residential 7,000 (R-70) to Community Commercial (CC) on Tract 14, C/S 4 (Brittain Acres), a 2.12 acre parcel of land. A pre-application neighborhood meeting was held at Country Inn and Suites, 231 Main Street on November 14, 2016. Presented by Nicole Cromwell, Zoning Coordinator

The Planning staff recommends denial and adoption of the findings of the 10 criteria.

OWNER: River Park Retirement Court, LLC dba River Park Storage - Gerald Klein
AGENT: Crist, Krogh & Nord, PLLC, Eric Nord
LEGAL DESCRIPTION: Tract 14, C/S 4 aka Brittain Acres
ADDRESS: 940 & 950 Yellowstone River Road
CURRENT ZONING: R-70
EXISTING LAND USE: Garage and storage units for River Park Retirement Court - a manufactured home park at 922 Yellowstone River Road; 1 two-family dwelling
PROPOSED USE: Independent mini-warehouse storage facility - not affiliated with manufactured home park; 1 two-family dwelling
SIZE OF PARCEL: 2.12 acres

None.

Subject Property: The subject property was owned by the same party who owned the River Road Manufactured Home Park. This owner, Clarence Klein, held both properties until he passed away in late 2013. Subsequently, the manufactured home park was sold to another party, an LLC named River Road Mobile Home Court (Richard Dorn) and the subject property was inherited by the surviving owner, Sandra Nelson. Ms. Nelson, sold the subject property to River Park Retirement Community, LLC, Gerald Klein. The existing zoning, R-70, applies to both the manufactured home park and the subject property. The zoning is the original zoning adopted by the County and remained the same after annexation to the City in 1984. R-70 zoning does not allow manufactured home parks, but the existing manufactured home park containing 65 units is allowed to continue so long as the use does not cease to exist for more than 1 year. A special exception (now called a special review) was granted by the County in 1984 to allow the construction of an over-sized accessory building on the south end of the manufactured home park. In 2012, Mr. Clarence Klein applied for building permits to construct additional storage units for the manufactured home park on the subject property. The building permit was approved as submitted since the proposed use was in conjunction with - and not separate from - the manufactured home park. It was not an expansion of the manufactured home park use per se, but was to provide accessory storage for the park's residents.

Surrounding Property: Several zone changes have been approved in the area from residential zoning to commercial zoning in the last 10 years. Two zone changes for 807, 821 and 823 Bench Boulevard were approved since 2007, the last one to change to CC zoning. These lots are at the intersection of Bench Boulevard and Hilltop Road, two principal arterial streets. Another corner property on the southeast leg of this intersection was approved for NC zoning by the County in 2006. A subsequent zone change for CC zoning on this parcel was denied by the City Council in 2013. A zone change to CC for a parcel on the west side of Bench Boulevard (1026 Bench) was approved by the City in 2012.
 

NORTH:	Zoning: Planned Development - South Heights Lane - RMH & multi-family Land Use: Manufactured homes and multi-family dwellings
SOUTH:	Zoning: R-70 Land Use: 65-unit River Road Mobile Home Court
EAST:	Zoning: R-70 and Public Land Use: Billings Bench Bikeway and Two Moon Park
WEST:	Zoning: R-60 Land Use: Two-family and multi-family dwellings

This is a zone change request to allow the separation of the storage units and accessory garages from the River Road Mobile Home Court to an independent facility capable of renting these units to the general public. These storage units and garages were originally constructed in 2012 for the purpose of serving the tenants of the mobile home park. The property was under common ownership with the mobile home court at the time. Subsequently, the principal owner, Mr. Clarence Klein, passed away in late 2013. The remaining owners of each property sold to separate subsequent owners. Sandra Nelson was the co-owner of the subject property. She sold her interest in the property to Mr. Gerald Stein. Mr. Gerald Stein was the co-owner of the mobile home park. Mr. Gerald Stein sold the mobile home court to Mr. Richard Dorn in April 2014, but kept his ownership of the subject property. The properties, the mobile home court and the subject property, are now severed from common ownership. Mr. Klein now desires to sell the subject property. Potential buyers are notified of the original intent of the storage units and garages, the current zoning, and the facts of how the properties came to be in separate ownership. The storage units and garages are not legal to be rented to the general public although it appears this has already happened. A banner sign is posted inside the chain link fence announcing River Park Storage. Banner signs are not allowed in the current zoning. Banner signs on fences are not allowed in the proposed zoning of CC. 

The surrounding zoning is primarily residential and developed for these purposes. The access to the subject property crosses the Billings Kiwanis Trail bike path, the oldest and most heavily used paved bike trail in the city. This bike path was created when the railroad abandoned an un-used rail line. The rail line was deeded to the city Park's Department for development of the bike path. Prior to construction of the storage units and garages, the access across the bike path was for the residential 2-family dwelling on the property. Commercial access across this heavily used bike path is a concern for both for drivers and pedestrians and cyclists. The access from Yellowstone River Road is not a paved access at this time and the internal access to the units is also un--paved.

The residential developments to the north and west of the subject property have occurred in the last 10 to 15 years on property zoned for this purpose. The subject property is also directly adjacent to the mobile home court to the south. There are some uses in the proposed CC zone that would be detrimental to these adjacent residential neighborhoods including intense commercial uses such as gas stations, bars, casinos, auto repair and services, lumber yards, chain restaurants and drive through service businesses. Although the intent is to legalize an established use on the property, the proposed zoning does not and cannot restrict future uses on the property that are compliant with the proposed CC zoning.

Yellowstone River Road is a principal arterial street that carries about 7,900 vehicle trips per day. Most of the zoning along this road is residential both in the city and county. The proposed zoning would allow regular commercial access across the Kiwanis Trail to Yellowstone River Road. The access point at this location is shared by a residential property to the north. The point of access appears to be informal, and uncontrolled by curbing. It appears drivers on Yellowstone River Road use this PRPL managed property as a turn out to either reverse direction or to take in the view over the river valley. The access point is located on a point of curvature of the street alignment and visibility of entering traffic is obscured by the ditch bank on the west side of the street. The access point is likely adequate for its current use to enter the subject property. Storage units typically have low daily traffic. Other uses allowed in the proposed CC zoning district would have a much greater impact on the bike path and on traffic on Yellowstone River Road.

The Planning staff has evaluated the proposed zoning based on the 10 criteria for zone changes and is recommending denial. The owner and co-owners of the property had knowledge of the requirement to keep these properties under single ownership and the circumstances of the issuance of the building permit for the storage units in 2012. The large storage building on the south end of the mobile home court received a county issued special exception in 1984. Planning staff recommended denial of this special exception for the following reasons: "1) The mobile home court is all zoned R-70. For a court of this size, RMH zoning is more appropriate. Staff feels that before the court is expanded, a zone change and all other requirements should be met for a mobile home court. 2) This is a comparatively minor expansion, but it will be on a separate tract. These large accessory buildings become problems in time when the original use ceases. At that point, the argument is made that the only feasible use is commercial and we're faced with an isolated commercial use in an otherwise residential area."  The comments and concerns of staff 32 years ago when the 3,500 square foot storage building was constructed on Tract A of Amended Lot 15 now apply to Lot 14 north of the mobile home park. The storage units and garages should only be available for rent to the mobile home park residents. The property is not suitable for all the potential use allowed in a CC zone due to the location of its only access to a public road, and the Kiwanis Trail bike path crossing, as well as the property's isolation from other commercially zoned property and the residential uses all around it. It is likely the current use is not a large traffic conflict, but future uses could have a significant impact on the bike path and traffic patterns on Yellowstone River Road.

The proposed zoning of CC is also not supported by either the Billings Heights Neighborhood Plan (2006) or the 2016 Growth Policy. The 2006 Heights Neighborhood Plan designated areas where mixed uses or commercial uses should be allowed or considered. This location was not in one of those areas. The subject property is in an area designated for medium to low density residential uses. The Heights Neighborhood Plan Land Use goals and objectives stated the need to "prohibit high intensity commercial development in residential areas. Provide less intensive commercial development on arterial intersections within residential neighborhoods." The proposed zoning of CC is an intense commercial zone and it will be surrounded by developed residential neighborhoods and not at an arterial intersection. The 2016 Growth Policy guidelines for Essential Investments states: The safety of all users and the connectivity of the transportation system are important; Planning and construction of safe and affordable interconnected sidewalks and trails are important to the economy and livability of Billings. The proposed zoning is in direct contravention of these guidelines.

Staff recommends denial and adoption of the findings of the 10 criteria for Zone Change 953.