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 forwarded a recommendation of approval based on the findings of the 10 criteria. The City Council conducted a public hearing on May 22, 2017 and approved the zone change on the first reading. A second reading is required to pass the zone change.

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 requirements?
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 for some period of time.
 

The Zoning Commission recommends approval and adoption of the findings of the 10 criteria for Zone Change 956, on a 4 - 0 vote.