ITEM #1
This is a zone change request from Corridor Mixed Use 1 (CMU1) to Corridor Mixed Use 2 (CMU2) on Lot 4, Cole Acreage Tracts, an 2.009 acre parcel of land. A pre-application neighborhood meeting was held on Monday, September 27, 2021, at 5:00 pm at 2919 Old Hardin Road. Tax ID: C04278 Presented by Nicole Cromwell, Zoning Coordinator
 

Planning staff recommends approval of Zone Change 706 and adoption of the proposed findings of the eleven review criteria.

OWNER: M2DT Holdings, LLC - Bretz RV and Marine
AGENT: Brad Farnsworth, In-house counsel for Bretz RV and Marine
LEGAL DESCRIPTION: Cole Acreage Tracts Lot 4
ADDRESS: 2919 Old Hardin Road
CURRENT ZONING: CMU1
EXISTING LAND USE: Single family dwelling
PROPOSED USE: Expansion of existing Bretz RV and Marine
SIZE OF PARCEL: 2.009 acres

None.

Please see attachment.

NORTH:	Zoning: CMU2 Land Use: Holiday Inn Express
SOUTH:	Zoning: CMU1 Land Use: Multi-tenant retail building
EAST:	Zoning: CMU2 Land Use: Single family dwelling
WEST:	Zoning: CMU1 Land Use: Western Security Bank

This is a zone change request from Bretz RV and Marine on a parcel they recently acquired to the west of their current site. The use for RV and Marine sales is not an allowed use in the current zone district of CMU1. The request would change the zoning to CMU2, a zone district that allows RV sales and service. Bretz RV also owns the property directly to the east where another single family dwelling is located.

Bretz RV and Marine purchased and developed the current location at 2999 Old Hardin Road in 2015. The additional land will allow Bretz to have more display and storage space and a presence on Old Hardin Road. Except for the two existing dwellings on the two adjacent parcels, there are no other dwellings in the vicinity of the property. There are residences on the south side of Old Hardin Road further to the east at 2942 Old Hardin Rd and Copper Valley Circle. CMU2 zoning is intended to accommodate uses that have need for larger sites and can have more impact on directly adjacent neighborhoods. This parcel is separated from any neighborhood area by Old Hardin Road.

The Lockwood Growth Policy Plan was adopted in 2016 by the Board of County Commissioners. This plan identified areas within Lockwood where more intense uses might be expected over time and included an area for a new "town center" south along Johnson Lane. One of the growth guidelines for Lockwood supports retail and services business in appropriate areas designated along principal and minor arterials. Old Hardin Road is a principal arterial street and handles many vehicle trips per day in this area. The 2020 traffic count map indicates about 8,000 vehicle trips per day on this section of Old Hardin Road. Any new or improved driveway access to Cole Street or Old Hardin Road would need approval of County Public Works.

The new CMU2 zone district would require building and siting standards that will require attention to detail along the street frontage and within any parking areas for customers. The new zoning code takes into account the adjacent development and zoning for any required landscaping and screening. Any new construction of site development requires a zoning compliance permit and approved landscaping plan. The applicant has no immediate plans for development.
Planning Staff has reviewed the application and the eleven review criteria for zone changes in the County. Planning staff finds the proposed zoning is conforming to the adopted growth policy for this area and will be compatible with the adjacent zoning and uses. No surrounding property owners have objected to the proposed zoning and no county agencies have expressed concerns with the zoning.

The Yellowstone County Zoning Commission, prior to any recommendation to the Board of County Commissioners, shall consider the proposed findings of the eleven review criteria.

1. Is the new zoning designed in accordance with the Growth Policy?

The proposed zoning is in conformance with the following goals of the Yellowstone County Growth Policy and area plans:
2016 Lockwood Growth Policy:

• Commercial retail and services may be considered appropriate in areas designated for industrial land uses along principal and minor arterials in addition to areas designated for commercial land uses
• Lockwood is a community that will evolve with a Main Street-style town center surrounded by a range of housing options that support and sustain, both fiscally and socially, the community investments in schools, public water and sewer, transportation, recreation, and public safety while providing economic opportunities in general commercial and light and heavy industry businesses in areas shown on the preferred land use map.

2008 County Growth Policy:

• Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans
• Coordinated economic development efforts that target business recruitment, retention, and expansion
• Provide citizens with greater financial stability

The proposed zoning and property development is compatible with the adjacent uses and zoning and will retain and expand an existing business within the county.

2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Lockwood Rural Fire District. Future development will be reviewed by the fire district staff to ensure all required fire protection is on site.

3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: Development under the new zoning will increase traffic on Old Hardin Road. The level of traffic increase will be dependent on the development of the property. 
Water and Sewerage: The property is within the Lockwood Water and Sewer District. Water and Sewer needs will be evaluated at the time of a development plan.
Schools and Parks: The proposed zoning should not have a negative impact on the Lockwood School District. 
Fire and Police: The subject property is serviced by the Lockwood Fire District and the Yellowstone County Sheriff’s Department.  Fire protection will be evaluated at the time of a development plan.

4. Will the new zoning promote health and general welfare?
The new zoning will allow development of property that is adjacent to a well-developed commercial corridor near the major interchange with Interstate 90. New development and re-development tends to increase property values in the area and would benefit the health and general welfare of this area of Lockwood.

5. Will the new zoning provide adequate light and air?
The proposed zoning would require minimum and maximum setbacks for structures, maximum building heights and maximum lot coverage. These requirements should allow adequate light and air to reach the subject property and adjacent properties.

6. Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning itself will not generate more traffic on any of the adjacent streets. Pedestrian traffic in the area is limited due to no pedestrian facilities. The Lockwood Pedestrian Safety District is working to get sidewalks in Lockwood. It would be beneficial for Bretz RV and Marine, the Lockwood Pedestrian Safety District, and Yellowstone County Public Works to discuss inclusion of sidewalks along this portion of Old Hardin Road.

7. Will the new zoning be compatible with urban growth in the vicinity?
The new zoning is compatible with the urban growth in Lockwood. 

8. Does the new zoning consider the character of the district and the suitability of the property for particular uses?
The property is suitable for CMU2 uses on this in-fill parcel on Old Hardin Road.

9. Will the new zoning conserve the value of buildings?
The new zoning will allow the development of an expansion for the Bretz RV and Marine. The single family dwelling on the site would not be able to be re-built under the current or proposed zoning since it requires a commercial companion use for any residential use of the property. The existing dwelling is legally nonconforming to the zoning and can remain in place until it is damaged or destroyed by more than 50% of its replacement value. The change is zoning does not effect its current legal nonconforming status.

10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the uses allowed in the CMU2 zoning district.

11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The proposed zoning is not close to the city limits of Billings.

 

Staff recommends approval of Zone Change 706 and adoption of the proposed findings for the eleven review criteria.