This is a zone change request from Residential 6,000 (R-60) to Community Commercial (CC) on Lot 1, Block 4 and all of Block 1, Central Avenue Addition, 2nd Filing, a 27,101 square foot parcel of land. The existing parcel has a commercial building constructed prior to the current zoning, is a nonconforming use in the R-60 zoning district and the current use is restricted by a previous special review approval (Special Review #837). AG Holdings is the owner and the agent is Allen Greene.  The owner conducted a pre-application neighborhood meeting on November 2, 2011, at 640 Saint Johns Avenue. The Zoning Commission conducted a public hearing on January 3, 2012, and is forwarding a recommendation of approval on a 3-0 vote.

State law at MCA 76-2-304 requires that all zone changes be reviewed in accordance with 12 criteria. Using the 12 criteria to determine the appropriateness of the zone change request, the City Council may:
1. Approve the zone change request
2. Deny the zone change request
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

Approval of the zone change should not have a financial impact on the city's tax base. The zone change may stabilize the taxable and market value of the property which may stabilize the city's tax base.

The applicant is requesting to rezone this property to bring the current use of the property in to conformance with the zoning. The property is owned by AG Holdings, Incorporated, and represented by Allen Greene, owner of Scotts Lawn Service. The lawn service use of the property was approved by special review in 2008. The property was developed for commercial uses prior to the current zoning, R-60, that was put in place in 1972. The western 9 feet of the property is currently zoned CC, but the rest of the property is zoned R-60. The current owner intends to continue the business operations on the premises. The zone change will remove financing and other investment hurdles that impede any substantial improvements to the property in its current residential zoning. Under the current zoning, any future owner would be restricted to using the property for a lawn and landscaping business or for residential purposes. The applicant conducted a pre-application neighborhood meeting and submitted a request to change the zoning to CC as a result of the neighborhood meeting. Community Commercial zoning would allow the current business to operate as a conforming use. Several surrounding owners submitted letters of support. 

Saint Johns Avenue and 7th Street West are both considered local streets. Central Avenue, 1 block south, is a principal arterial and carries over 16,000 vehicle trips per day. Sixth Street West averages over 10,000 vehicle trips per day. There are no traffic count numbers for 7th Street West or Saint Johns Avenue. The new zoning will not increase traffic on either of these local streets, since the current use intends to continue. Redevelopment of the property for a different use may increase local traffic.

The new zoning will not require any site improvements. If re-development does occur, it will be evaluated based on criteria in the zoning code, the site development code, and the building code. Any right-of-way improvements, site improvements and new buildings or paving will need to meet existing codes.

The applicant conducted a pre-application neighborhood meeting on November 2, 2011, and 1 surrounding property owner, Karen Cavanaugh of 632 Saint Johns Avenue, attended the meeting. The owner of Big Sky Linen, Mr. Cline, contacted the Planning staff to voice support for the proposed zone change. Big Sky Linen is located at 715 & 719 Central Avenue. No other surrounding property owners contacted the Planning Division staff prior to the Zoning Commission public hearing.

The 2008 Growth Policy encourages the support of in-fill development and retention of existing businesses in areas where infrastructure exists to support those uses. The proposed CC zoning fits with the goals of the policy. Potential uses and existing uses in the CC zone are generally compatible with the zoning and uses directly adjacent to the property. 

The Zoning Commission conducted a public hearing on January 3, 2012, and received the Planning staff recommendation and testimony from the applicant. No other testimony was received. The Zoning Commission is forwarding a recommendation of approval on a 3-0 vote. 

The Planning Division reviewed the application and recommended approval based on the twelve (12) criteria for zone changes. The Zoning Commission concurred with this recommendation. The subject property is adjacent to CC zoning and R-60 zoning and no changes in the character of the property are predicted in the near future. The uses allowed within the proposed CC zoning are compatible with the surrounding zoning and neighborhood character. Any re-development of the property requires compliance with the new zoning and the ability to meet site development code and traffic safety standards. The 2008 Growth Policy encourages predictable land use decisions that are consistent with neighborhood character and land use patterns. The existing use and proposed zoning are consistent with this neighborhood and land use pattern.

Prior to any action to approve or disapprove, the City Council will consider the recommendation of the Zoning Commission and shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following goals of the Growth Policy:
• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6) 
The proposed zoning would permit the existing commercial business to continue and remove financing and investment hurdles by placing the property in a conforming district. It is not likely the property will develop in single family, two family or multi-family dwellings. 
• Contiguous development focused in and around existing population centers(Land Use Element Goal, page 6) 
The proposed zoning will permit the retention of an existing business near a major arterial street.  
• Coordinated economic development efforts that target business recruitment, retention, and expansion.(Economic Development Goal, page 6) 
The proposed zoning will encourage the retention of an existing employer near existing population centers. 

2. Is the new zoning designed to lessen congestion in the streets?
There should be no immediate effect on traffic congestion. The existing property is used by Scotts Lawn Service and traffic generation should not increase with the proposed zoning. The new zoning is intended to make the existing uses conform to zoning. Future redevelopment of the property to another use under the new zoning could increase traffic in the area and impact on the local street system, including ingress and egress to the property, would be reviewed at that time.

3. Will the new zoning secure safety from fire, panic and other dangers?
The subject property is currently serviced by all city services including police and fire. There should be no effect on these services.

4. Will the new zoning promote health and general welfare?
The proposed zoning would permit the existing use to continue and expand. The existing buildings could be improved with less economic hurdles to financing. This will promote the health and general welfare of the neighborhood.

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 prevent overcrowding of land?
The proposed zoning, like all zoning districts, contains limitations on the maximum percentage of the lot area that can be covered with structures.  The proposed CC zone allows 50% lot coverage and the current R-60 zone allows up to 40% lot coverage. The proposed CC zone requires a separation between structures on the same lot, a minimum 20 foot front setback and a 10 foot side setback for any adjacent street. The CC zones do not require a rear setback unless adjacent to a residential zone. The required setback from the east property line is 15 feet for any new structure. Landscaping requirements also would require some buffering where the property is adjacent to property used for residential purposes on the east side.

7. Will the new zoning avoid undue concentration of population?
The new zoning does avoid undue concentration of population. The existing zoning, R-60, allows the same number of dwelling units as the proposed CC zoning. Both zoning districts allow single family, two family and multi-family dwellings, although the existing R-60 zoning would require a special review approval for any multi-family development. It is not likely the new zoning will result in any residential use of the property. The new zoning should avoid undue concentration of population. 

8. Will the new zoning facilitate the adequate provisions of transportation, water, sewerage, schools, parks, fire, police, and other public requirements?
Transportation: The proposed zoning could have an impact on the surrounding streets depending on future uses of the property. Redevelopment of the property could require review of access and other transportation issues related to the property and the surrounding streets.
Water and Sewer: The City will be able to provide water and sewer to the property through existing lines.
Schools and Parks: There should be no impact to schools from the proposed zone change.  
Fire and Police: The subject property is currently served by city fire and police. There should be no impact to these services from the new zoning. 

9. Does the new zoning give reasonable consideration to the character of the district?
The proposed zoning will allow the existing development to continue as a conforming use in the proposed CC zoning district. Central Avenue, 1 block south, is a principal arterial street and the zoning to the south, east and west is compatible. The proposed zoning gives reasonable consideration to the district and neighborhood.

10. Does the new zoning give consideration to peculiar suitability of the property for particular uses?
The subject property is suitable for the requested zoning district. The location is close to an arterial street that has sufficient capacity for the intended and existing uses. The new zoning allows the existing development to continue.  

11. Was the new zoning adopted with a view to conserving the value of buildings?
The existing building value will be conserved with the new zoning in place. Currently, the R-60 does not allow any commercial uses except by special review approval from one business to the next business type, however no expansion of the existing building can be allowed by this special review approval.  The new zoning will allow the owner to consider future redevelopment of the property.

12. Will the new zoning encourage the most appropriate use of land throughout such county or    municipal area?
The proposed zoning will permit the current development to continue and could allow future development for commercial uses. This is the most appropriate use of the lot.