This is a zone change request for property located at 517 Lincoln Lane from Residential Multi-family-Restricted (RMF-R) to Community Commercial (CC) on a fraction of 175 feet X 490 feet in the S1/2NWSENE1/4 of Section 27, Township 1 North, Range 26 East, a 1.98 acre parcel of land. The property is owned by Propriedad, LLC and the agent is Performance Engineering, Scott Aspenlieder, P.E. The Zoning Commission conducted a public hearing on May 2, 2017, and is forwarding a recommendation of approval based on the findings of the 10 criteria.

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 staff reviewed the application and  recommended approval to the Zoning Commission based on the findings of the 10 review criteria. The Zoning Commission concurred with the recommendation. The proposed zoning and use of the property is compatible with the adjacent and surrounding land uses. Development of the parcel will need to consider the adjacent County property where field irrigation still occurs. The proposed use will significantly reduce the potential traffic impacts from development. Since the property is directly adjacent to land zoned for residential purposes and used for residential dwellings, the requirements of Section 27-612(e), will need to be followed. These regulations, better known as Neighborhood Manners, restrict outdoor lighting, signage locations, waste storage and collection, as well as requiring screening and buffering of adjacent property. The Billings Heights Neighborhood Plan and the 2016 Growth Policy support the proposed zoning and use in this area of mixed uses and zoning. Lincoln Lane has a range of zoning districts from R-70 and R-60 to RP, NC, CC and HC. There is also a wide variety of uses from a major retail shopping center on the south end to multi-family residences, auto sales, assisted living and other service providers on the north end.

Prior to making a decision on the requested zone change, the City Council shall consider the following findings and criteria:
1.   Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy and the Heights Neighborhood Plan (2006):
The Heights Neighborhood Plan Land Use goals and objectives stated the need to "…maintain residential neighborhoods without the increased traffic associated with intense commercial development. Encourage light commercial development to provide services. Implement the preferred future land use map for the Heights Neighborhood Plan to guide development through zoning requests."

• The proposed zoning of CC is to facilitate the development of personal storage warehouses on the property. The storage units will be similar to those on the west side of Lincoln Lane to the north. The current zoning regulations require CC zoning or more intense zones to allow personal storage warehouses. This use is not allowed in the NC or RP zoning district. The Planning staff cannot base its finding on an intended use but must consider all of the potential allowed uses within the district. Given the location of the property and the proposed zoning, it is not likely the more intense allowed uses in the CC would locate on the subject property. These include restaurants, bars & casinos (by special review), auto sales, large retail or service providers. While the proposed zoning could allow some future intense commercial uses of the property, the Planning staff finds this is highly unlikely given the specific location and nature of the property.

 Essential Investments and Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.

• The proposed zoning would allow a neighborhood service in this mixed use area. Residents of Billings Heights have a growing need for off-site storage of household items especially boats and RVs. This facility provides a convenient location for this type of storage without any impact to the surrounding neighbors or burdening the existing traffic and street network. The adjacent residential uses will require the developer to follow the “Neighborhood Manners” section of the zoning regulations to ensure the adjacent neighborhood does not experience long term disruption of their property.

Prosperity: Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers.

• The proposed zoning and intended use help to equalize the taxes and assessments for services by developing a land use with little demand for city 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. The current zoning of the parcel – RMF-R – could have developed with up to 52 new multi-family apartments. The adjacent residential parcels would have experienced a dramatic increase in traffic, noise and similar changes in the area. The proposed zoning and intended use, will allow a much more benign use of the property and can ensure the continued value for adjacent residential uses.   
 
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 no measurable effect on the transportation system.  
Water and Sewer: The City provides water and sewer to the property. There will be no additional impacts to the system from the proposed zoning.  
Schools and Parks: Schools should not be affected by the proposed zoning.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments had no concerns with the zone change.
 
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 should have no effect on vehicle or pedestrian traffic. The existing zoning could add up to 400 new vehicle trips per day to Lincoln Lane and the surrounding street network. The proposed zoning and intended use would add up to 16 new vehicle trips per day.
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatible urban growth in this area. The personal storage units provide a service to residents in the area. The intended use is not an intrusion to the area and is a benign use. There are existing storage facilities on the west side of Lincoln Lane including a 1-acre RV storage lot directly across the street.
 
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 the proposed use. This area between Main Street and Bench Boulevard is a mixture of zoning districts and uses. Personal storage warehousing is not allowed in less intense zoning districts such as NC or RP. The property is suitable for the proposed use given its location in the area.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently developed with a single family dwelling. Approval of the zone change would not change the value of this residence – residential uses are allowed in the CC zone. The value of existing buildings and the parcel will be conserved by the proposed zoning.
  
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning may encourage the most appropriate use of this land in Billings. This specific location and use is appropriate.

If the zone change is approved, the property will likely develop as proposed by the owner for personal storage warehousing. The property value will increase based on the value of those improvements. The City fees assessed based on zoning will be adjusted for the new zoning district. If the zone change is not approved, it is not likely a new development for residential purposes will be proposed by this owner. The land will remain mostly undeveloped.

This is an application to change the zoning on this parcel to allow the development of personal storage warehousing on the property. The least intense zoning district that allows this use is Community Commercial (CC) zoning. The area is a mixture of medium to low density residential uses adjacent to higher intensity commercial zones and land uses. The property along Lincoln Lane has developed steadily over the past 10 years to include multi-family dwellings, new commercial uses and services. The Billings Heights Neighborhood Plan (2006) indicated this area between Main Street and Bench Boulevard as an area where a mixture of land uses would be appropriate.

The property was originally zoned R-70 and outside the City limits. In 2012, the property owner received a zone change approval from the County Commissioners to change the zoning to RMF-R. The property was subsequently annexed to the City in December 2015. The zone change in 2012 was opposed by the surrounding property owners in the County due to concerns about irrigation rights, density, light and noise. There have been 15 similar zone change in Billings Heights in the past decade. One zone change was denied for 727 Bench Boulevard at the southeast corner of Bench Boulevard and Hilltop Road. Another zone change was withdrawn for for 941 Bench Boulevard that would have allowed multi-family development. The remaining 13 similar applications were approved.

Zoning to the north is NC but has developed as multi-family townhomes. Property along the west side of Lincoln Lane is zoned HC but is a mixture of uses ranging from vehicle services, large retail, to storage lots, manufactured home parks and multi-family apartments. There have been 4 zone changes in Billings Heights in the last 5 years to accommodate new personal storage warehousing. The Building Division has issued 38 building permits for new personal storage warehouses in the last 5 years at 15 different locations in the City. Seven of those locations are in Billings Heights. Uses allowed within the CC zone include multi-family residences, large and small retail, business services, bars & casinos (special review required), restaurants, auto sales and service, as well as many other intense commercial uses. The applicant's intent is to build personal storage warehousing but a zone change can not be limited to proposed uses. All uses within the proposed zoning district may be allowed. Personal storage warehousing provides one of the lowest taxable values on a per square foot basis for commercial development. A quick review of assessed values in Billings Heights for personal storage warehouses shows an average building value of $25 per square foot. Other uses allowed in the CC zone show much higher assessed building value ratios such as $118 per square foot for a bank, $66 per square foot for a car wash and $85 per square foot for a drug store. The storage lot west across Lincoln Lane has a property improvements value of only 22 cents per square foot. 

Lincoln Lane is a local street developed in the County that is gradually being annexed to the City. Most recent annexations and subsequent developments on Lincoln Lane have not included the requirement to improve the adjacent right of way. Sanitary sewer and public water lines are installed within the right of way. Storm sewer drainage only exists on the southern 700 feet of Lincoln Lane behind the Target shopping center. Storm water is not collected or drained by a public system north of Target. New commercial developments within the City limits are required to retain all storm water on site if no public drainage system is available. No traffic counts have been made on Lincoln Lane. The closest traffic count is south on Bench Boulevard east of its intersection with Main Street. Traffic counts for this roadway are fairly low at 2,800 vehicle trips per day. Estimated vehicle trip generation from the proposed personal storage use is about 16 trips per day (8 trips per acre). The proposed use will have very little impact on the adjacent street network. The current zoning of RMF-R could generate up to 400 vehicle trips per day if fully developed at the maximum allowed density.

 

The Zoning Commission conducted a public hearing on May 2, 2017, and received the staff recommendation and testimony from the owner and agent. LaVonne Anderson who lives at 1093 Lincoln Lane, a county resident, testified in opposition.

Ms. Anderson stated she opposed the zone change primarily because her parents have owned the adjacent parcels to the south for 73 years and she still irrigates the field behind her house, her parents house and her brother's house. The fields are leased for horse pastures. She stated she is the only person still using irrigation water from the BBWA on Lincoln Lane. She stated the owner of the property will need to build up a dike or some other barrier to keep the irrigation water from the east and south half of the property at 517 Lincoln Lane. She stated her parents no longer live on the adjacent parcel but it is likely the estate will begin selling some of these subdivided lots for residential development. She stated the zone change could affect the property value of her parents property and certainly the marketability.

The Zoning Commission chairman closed the public hearing. A motion to recommend approval and adoption of the findings of the 10 criteria was made by Commission Member Mike Boyett and seconded by Commission Member Michael Larson. The motion was approved on a 4 to 0 vote. Commission Member Ulvestad was absent.

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