Staff has reviewed the application for Special Review 1003 to allow a Daycare Center and the applicable review criteria. Based on the findings for the nine review criteria, staff recommends conditional approval.

City Special Review 1003 is a request to allow a Day Care Center at 2291 Bench Boulevard, located on Lot 1, Block 1, Wyman Subdivision (S14, T01 N, R26 E), within the Mid-Century Neighborhood (N2) zoning district. A Day Care Center is defined as an out-of-home facility providing care to thirteen (13) or more children and licensed by the Montana Department of Public Health and Human Services. Pursuant to Section 27-1000, Uses and Standards, Table 27-1000.1 of the Billings Municipal Code, such a use is permitted in the N2 zoning district only with Special Review approval.

Before taking action to make a recommendation to the City Council, the Zoning Commission must consider the findings based on the Special Review criteria in BMCC 27-1623.D (1–9). These criteria evaluate the compatibility of the proposed use with surrounding development. Conditions of approval can be added to mitigate any adverse effects. The Special Review process allows limited exceptions to the zoning code when a proposed use is found appropriate for the site and neighborhood context.

City Special Review 1003 – 2291 Bench Blvd – Day Care Facility – A special review request to allow a daycare center in a Mid-Century Neighborhood (N2) zone, on Lot 1, Block 1, Wyman Subd., S14, T01 N, R26 E, a parcel of land approximately 16,210 sq. ft. A Day Care Center is described as an out-of-home place in which day care is provided to thirteen (13) or more children on a regular or irregular basis and which is licensed by the Montana Department of Public Health and Human Services. Section 27-1000, Uses and Standards, Table 27-1000.1 specifies that any day care center servicing 13 or more children requires a Special Review approval in the N2 district. Tax ID: A26730. 

Before making a recommendation to the City Council, the Zoning Commission shall first consider the findings based on BMCC 27-1623.D (1 through 9). Each zoning district is primarily intended for a predominant type of use as identified in BMCC Table 27-1000.1. There are also a limited number of specific uses subject to special review that may or may not be appropriate in a particular district, depending upon all the circumstances of the individual use on the site and in context with surrounding development. Consideration of these uses includes examination of the location, nature of the proposed use, the character of the surrounding development, traffic capacities of adjacent streets, and potential environmental effects, and whether specific conditions can be applied to mitigate the potential negative impacts of the use. Special review uses are special exceptions to the general terms of Billings Zoning Code. 

APPLICATION DATA
OWNER: JRJM Properties
AGENT: Jessica Robinson
LEGAL DESCRIPTION: Lot 1, Block 1, Wyman Subd., S14, T01 N, R26 E
ADDRESS: 2291 Bench Blvd.
CURRENT ZONING: Mid-Century Neighborhood (N2)
EXISTING LAND USE: Residential single family
PROPOSED LAND USE: Day care center
SIZE OF PARCEL(S): 16,210 sq. ft.

CONCURRENT APPLICATIONS
None

APPLICABLE ZONING HISTORY
See attachments.
 
SURROUNDING LAND USE & ZONING
NORTH: Zoning: Mid-Century Neighborhood (N2)
Land Use:  Residential single family
SOUTH: Zoning: Suburban Residential N3 & Rural Residential 3 (RR3)
Land use: Rural residential single family
EAST: Zoning: Mid-Century Neighborhood (N2)
Land use: Residential single family
WEST: Zoning: Heavy Commercial (CX)
Land Use: Residential single family

SUMMARY
Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:
1. The special review use is consistent with the City’s growth policy and applicable neighborhood plans, if any.
Strong Neighborhoods;  

• The Growth Policy emphasizes neighborhoods that are safe, attractive, and provide essential services.
  • The proposed Day Care Center directly supports this goal by offering child care services within a residential neighborhood, reducing travel distances for families and increasing daily neighborhood activity. The Special Review process ensures that appropriate conditions—such as hours of operation, traffic management, and site performance standards—can be applied to maintain neighborhood safety and livability.
• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction.
  • The proposal supports a livable and functional community fabric by integrating a small-scale institutional use into an existing residential setting. Day care facilities are common components of complete neighborhoods and help create environments where residents can live, work, and access services locally. Any required landscaping, fencing, or buffering will help maintain neighborhood aesthetics while supporting pedestrian activity and safe outdoor spaces.  Access to nearby child care is an important component of stable and healthy residential neighborhoods. The proposed use supports households by providing a critical service that enables residents to balance housing, employment, and family needs. Locating child care near homes enhances affordability, safety, and quality of life, consistent with Growth Policy goals related to healthy living environments.

Overall, the proposed Day Care Center is consistent with the City of Billings Growth Policy by strengthening neighborhood services, promoting public health and safety, enhancing access to essential services, and contributing to a resilient and livable community.

2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
The establishment, maintenance, and operation of the proposed Day Care Center will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare. The use will be required to comply with all applicable City regulations and state licensing requirements, and any potential impacts can be mitigated through conditions of approval.

3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking. 
The subject parcel, approximately 16,210 square feet in size, is adequate to accommodate the proposed use. The site is of sufficient size and configuration to meet applicable zoning requirements, including setbacks, landscaping, parking, and other development standards required by the Zoning Code.  The existing building sufficiently meets the site requirements of the district.

4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
The proposed Day Care Center will not be injurious to the use and enjoyment of other property in the immediate vicinity for uses already permitted within the zoning district. With appropriate conditions related to parking, hours of operation, and outdoor activity areas, the use is not anticipated to substantially diminish or impair property values within the surrounding neighborhood.

5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
The proposed special review use will not impede the normal and orderly development and improvement of surrounding properties for uses permitted within the N2 zoning district. The use is compatible with the existing residential development pattern and does not introduce infrastructure or land use conflicts.

6. Conditions necessary to protect the public health, safety, and general welfare can be established.

1. The special review is to allow a Day Care Center at 2291 Bench Boulevard, legally described as Lot 1, Block 1, Wyman Subdivision, Section 14, Township 1 North, Range 26 East
   Parcel Size: Approximately 16,210 square feet, Tax ID: A26730, where care is provided to thirteen (13) or more children. No other use is intended or implied with this approval. 
2. The applicant shall apply for and obtain all necessary permits, including local, state and federal requirements.
3. Daily operation of the facility will not occur prior to 7:00 a.m. or after 9:00 p.m. on any day.
4. A six (6) foot site obscuring fence shall be maintained between the properties to the east and south of the subject parcel.
5. The proposed daycare center shall comply with all other limitations of the Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply. 
6. As long as these conditions are met, approval of this special review shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
Day care centers typically generate traffic during morning drop-off and afternoon pick-up periods. The site must comply with off-street parking requirements established in the City Code. Any required parking spaces must be provided on-site and designed to minimize impacts to adjacent residential properties.

8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
Adequate measures have been or will be taken to provide safe and efficient ingress and egress to the site. Traffic generated by the use is expected to occur primarily during limited drop-off and pick-up periods and can be managed through on-site parking and access design to minimize congestion on public streets.

9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the city council.
The proposed special review use conforms to all applicable regulations of the Mid-Century Neighborhood (N2) zoning district and the Zoning Code, except as may be modified through conditions of approval as part of the Special Review process.

The special review application will not impact the Planning Division's budget. 

The applicant conducted a pre-application neighborhood meeting on January 17, 2026, at 11:30 AM at 543 Aronson Avenue.  There were no attendees at the meeting other than the applicant and agent. 

Planning staff posted the zoning request sign on the subject property and mailed notification to property owners within a 300-foot radius. The application was also published on the Planning Department’s “Current Zoning Applications” web page, and a legal notice was published in the newspaper of record. As of the date of this report, planning staff has received no written comments on the application.

The Zoning Commission may:

• Recommend conditional approval and adoption of the proposed findings to the City Council, as submitted by Planning staff; or
• Recommend approval and adoption of the proposed findings to the City Council; or
• Recommend denial and adopt different findings of the review criteria;or
• Delay action on the application at the request of the applicant; or
• Allow the applicant to withdraw the application; or
• Delay the hearing on its own motion in response to a finding of one or more of the criteria that requires additional information. The applicant has not requested a delay or a withdrawal of the application.