Zone Change 698 - The applicant is requesting a zone change from Residential-7000 (R-70) to Community Commercial (CC) on Lots 2-6, in Block 1, Lots 2A-6 in Block 2, Laray Subdivision, seven contiguous parcels totaling 2.05 acres. A pre-application neighborhood meeting was held on October 28, 2019, at the Country Inn & Suites at 231 Main Street. Presented by; Karen Husman, Planner I

Planning Division is recommending denial of Zone Change 698 based on the findings of the 11 criteria for this zone change.

OWNER:  Liquid Energy, LLC
AGENT:  Scott Aspenlieder, Performance Engineering, LLC
LEGAL DESCRIPTION:  Lots 2-6, in Block 1, Lots 2A-6 in Block 2, Laray Subdivision
SIZE OF PARCEL:  2.05 acres
EXISTING LAND USE:  Vacant
PROPOSED LAND USE: Commercial storage
EXISTING ZONING: R-70
PROPOSED ZONING: CC

None

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
1093 ½ Lincoln Ln	None – Original Zoning	November 1973			R-70
SURROUNDING PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
517 Lincoln Ln	637	8/28/12	R-70 to RMF-R	Y	Annexed 12/4/15
517 Lincoln Ln	(City) 956	6/12/17	RMF-R to CC	Y
606 Bench	643	8/27/13	R-70-CC	Y	Bench Auto Repair
334 Bench	136	8/30/77	R-72 to CC	Y	Apartments

NORTH: Zoning: CC and NC
Land Use: Vacant & Residential Multi Family
SOUTH: Zoning:       R-70
Land Use: Residential
EAST: Zoning: R-70
Land Use: Residential
WEST: Zoning: HC
Land Use: Mobile Home Court

The applicant is requesting a zone change from R-70 to CC. The property is adjacent to low density residential and residential multi-family uses and a mix of zoning. The properties to the west are in a Highway Commercial (HC) district. Across Lincoln Lane to the west of the subject property is a mobile home park and an apartment complex. The subject property is surrounded by residential uses.  Based on the staff determinations in the Summary section of this report, the proposed zone change would not be consistent to the character of the area and the preferred land use patterns in the residential areas.  Development of these parcels as a commercial use will not preserve the neighborhood integrity.

A pre-application neighborhood meeting was conducted by the applicant on October 28, 2019, at the Country Inn & Suites at 231 Main Street.  Details of the neighborhood meeting are included in the attachments. 

PROPOSED COUNTY ZONING COMMISSION DETERMINATIONS
Prior to making a recommendation to the Board of County Commissioners, the Zoning Commission shall consider the following:
 
1.        Is the new zoning designed in accordance with the Yellowstone County 2008 Growth Policy?
The proposed zoning does not comply with the following goals of the Yellowstone County 2008 Growth Policy and area plans:
 
Goal: Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in the growth policy. (Land Use Element, page 6).
The potential uses with a CC zone are currently limited for this property due to its location in the County. However, this property is adjacent to property in the City, in close proximity to City services, and is within the City's Annexation Petition Area of the City Annexation Map. It is important for the Zoning Commission to consider the many uses allowed in CC zoning that could occur on this property long term and whether they fit in with the neighborhood in the area. Some of those more intense uses include: Convenience store with fuel pumps, car wash, RV or auto dealer, auto repair, and hotels and motels. 
 
The proposed zoning is not consistent with the character of the area and the preferred land use patterns in the residential areas nearby and adjacent. This area of the County has the City on the west side and to the north has a variety of residential uses adjacent to nearby from high density apartment buildings to single-family residential areas. The 2008 Growth Policy did not specifically identify this area for future commercial development or expansion, but the City Limits of Annexation Map identifies this entire area of the Billings Heights as able to request annexation at any time and develop in the City.
 
 Goal: New developments that are sensitive to and compatible with the character of adjacent development. (Land Use Element Goal, page 6).
This property is adjacent to R-70, CC and HC, but most of the development of those parcels is for residential uses. This parcel would not be compatible with the character of the residential uses.  
 
Preserve neighborhood integrity/empower neighborhood groups.
Although the westerly properties are in an HC zoning district, the uses closest to the property are residential. Additionally, these properties in the HC district are inside the city limits of Billings near a principal arterial street (Main Street). Development of these parcels for commercial uses will not preserve the neighborhood integrity and create further incompatibility of uses and development patterns. 

2.         Is the new zoning designed to secure from fire and other danger?

The subject property is currently served by the Billings Urban Fire Service Area and pays a small assessment based on the structure currently on the property. Any new structures would trigger additional fees to the fire service district. The County determines how those fees are assessed.

3.         Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?

Transportation: The proposed zoning will have a measurable effect on traffic generation when a new business is developed on the property. A new or improved County approved access will be needed to provide safe access to any future development.  The current use of the property generates little or no traffic on a daily basis, so any new commercial business would increase the traffic on Lincoln Lane, a local street.
 
Water and Sewerage:  The property is currently served by public water system (Billings Heights Water District). The property is currently within the City Annexation Petition Area and City sewer service is available in Lincoln Lane in front of the subject property.
 
Schools and Parks: The proposed zoning should not impact the student population. Residential uses are not currently planned for the property.
 
Fire and Police: The subject property is serviced by BUFSA and the Yellowstone County Sheriff’s Department.  Fire protection will be evaluated at the time of any development of the site.

4.         Will the new zoning promote health and general welfare?
The proposed zoning may not promote the health and general welfare. The proposed CC zoning will allow the owner to develop the site into commercial uses allowed in the district. Any commercial use would not preserve the neighborhood integrity or promote the health and general welfare of the surrounding residences.
 
5.         Will the new zoning provide adequate light and air?
The proposed zoning would require minimum setbacks, maximum building heights and maximum lot coverage.  These requirements should allow adequate light and air to reach the subject property, however any commercial use has greater latitude to build larger buildings, with less setback required. This may impinge on the existing residential properties.
 
6.         Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning itself will not generate more traffic on streets. Pedestrian traffic in the area is limited due to the lack of sidewalks and trails on Lincoln Lane. Residential development is surrounding the property and the main motorized access is Lincoln Lane. Generation of traffic will have to be evaluated based on the specific use proposed.
 
7.         Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with the adjacent zoning to the north and west, however it is not compatible with existing urban growth in the vicinity and the residential uses on the neighboring properties. Property west of the subject parcel is zoned HC and has a multifamily apartment complex and a mobile home court. There is very low density residential to the south and east. The areas to the south and east are zoned for low density residential neighborhoods and are currently outside the city limits but within the City Annexation Petition Area.

8.          Does the new zoning consider the character of the district and the suitability of the property for particular uses?
The subject property is in an area adjacent to a local street.  The proposed zoning is compatible with the zoning to the north and west, however these parcels are located within the city limits of Billings and the uses are residential. Future uses will be limited due to the lack of public utility services if the property remains in the County. Commercial uses on this parcel do not consider the character of the district and the suitability of those uses on this parcel.

9.         Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. It is not known if its proximity to residential property in the area will affect the value of residential buildings. The value of the residential homes are based on their location. Any development of the property will need to meet the site development requirements in the zoning code, including landscaping, screening, building heights and setbacks.
 
10.       Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The proposed zoning does not encourage the most appropriate use of land in this area of the County. The properties to the north and west are inside the city limits.  The properties to the south and east are outside the city limits and are all residential zoning and uses.
 
11.       Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The proposed zoning is a zoning that is also present in the City of Billings. CC zoning could allow more intense uses than currently allowed in adjacent zoning districts but the potential universe of intense uses is currently limited due to the lack of access to public facilities including sewer services.  

Planning staff has reviewed this application and is forwarding a recommendation of denial for the proposed zone change based on the statutory (MCA 76-3-304) criteria for zone changes detailed in the Summary section of this memo..