This is a zone change request from Residential Professional (RP) to Neighborhood Commercial (NC) on Lot 9A, Block 2, Justiss Subdivision, a 13,706 square foot parcel of land. The applicant conducted a pre-application neighborhood meeting on May 21, 2015, at the Hilton Garden Inn at 939 S 25th St West. The Zoning Commission conducted a public hearing on July 7, 2015, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 3 to 0 vote.

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.

If the zone change is approved the city fees assessed according to zoning district will increase. The property will likely be re-developed or remodeled for a new business and this will increase the tax base. If the zoning is not approved, the property will continue to pay the same city fees and it may take longer for the owner to lease or sell the property based on the current zoning.

The subject property received a zone change from R-70 to RP and a special review approval for the drive through service in 1996. The applicant also requested a setback variance in 1996 but this was denied. The Valet Dry Cleaning service has operated from this location since the zoning and special review were approved in 1996. The dry cleaner has since re-designed its business model and no longer needs as many locations for drop off service.

The Justiss Subdivision was originally subdivided and zoned for residential uses. Zone change applications in the subdivision have had mixed success starting in 1975 when the first proposed commercial zone change was denied. Subsequently, 13 additional zone changes were submitted and 4 have been approved, 3 were withdrawn and 6 were denied. The most recent zone change was submitted for 745 Henesta Place directly east of the subject property. The proposed zoning of RP was approved and the property has been re-developed for commercial office space. Surrounding subdivisions are primarily commercial zoning except for lots north and east where a large residential neighborhood has developed.

The applicant is requesting a zone change from RP to NC to facilitate the marketing of the existing building for re-use as either a new office space or for retail uses as allowed in the zone. This would not include any restaurant that provides on-premise alcohol service or any bar or casino. Grocery stores, convenience stores or drug stores could sell beer or wine for off-premise purposes. Other retail service businesses may also be allowed in the proposed zoning. The existing zoning, RP, does not allow any retail services, and is the most restrictive commercial zone. The property is located at the southeast corner of the intersection of Rosebud Drive and S 24th St West. South 24th St West is a principal arterial and carries close to 25,000 vehicles each day. King Avenue West, just south of the subject property, carries almost 27,000 vehicle each day. The site is about 1/4-acre in area so potential re-use of the property will be limited to smaller retail uses and office space. Pier One Imports is directly north across Rosebud Drive and Applebee's, Toys R Us, and Walmart are directly west across S 24th St West. The property also has a 3rd street frontage on Henesta Drive. The approval for the drive through service in 1996 disallowed access to S 24th St West and Rosebud Drive. The  access to the property will not change so any new use on the property will use the access on Henesta Drive.

The applicant conducted a pre-application neighborhood meeting on May 21, 2015, at the Hilton Garden Inn and 1 nearby property owner attended the meeting.  Mr. Vandiviere of Huntley, discussed the allowed uses in NC zones and the possibility of restaurant use or similar. The owner stated the parking requirements for food service, 1 space for each 100 square feet of building area, may be too great for this small site. Mr. Vandiviere expressed no objection to the zone change.

The Planning Division reviewed the application and forwarded a recommendation of approval based on the proposed findings of the 10 criteria for this zone change. The proposed zoning will allow similar uses in an area surrounded by NC, CI or RP zoning. There are no directly adjacent residential uses so buffering and screening is not required. The property is located at a signalized intersection on S 24th St West with about 25,000 vehicles per day passing by this property.  The existing access from Henesta Drive will continue to serve the property. There should be no impact to surrounding traffic or properties from the proposed zoning. Most zoning in the area is a mixture of commercial and industrial with large and small retail and office uses throughout. There should be no impact to public safety services or other city services from the proposed zoning or re-use of the property.

The Zoning Commission conducted a public hearing on July 7, 2015, and received the staff recommendation and testimony from the applicant, Jeff Essmann. No other testimony was received.
Commission member Boyett made a motion to recommend approval and adoption of the findings of the 10 criteria and the motion was seconded by Commission member Ulvestad. The motion was approved on a 3 to 0 vote.

Prior to making a decision on the proposed zone change, the City Council 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 vacant dry cleaner service building to be used for retail, service business or office space. The current zoning does not allow any retail use of the building. The property is located adjacent to a high traffic corridor and can accommodate additional uses without disrupting the neighborhood.
• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6)  The existing zoning is restricted to “9 to 5” businesses without retail sales. These use restrictions may be appropriate for some locations where residential uses are directly adjacent. A small retail or service business with retail sales will provide more business choices in the area.  

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, safety and general welfare will be promoted by the proposed zoning. The overly restrictive zoning discourages re-use of the property.
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:              The proposed zoning should have no impact on transportation. 
Water and Sewer:          The City provides water and sewer services to the property.  
Schools and Parks:        There should not be any impact to schools from the proposed zone change.
Fire and Police:             The subject property is currently served by the city Public Safety Services.
 
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?
Traffic generation from the property will be based on the actual re-use of the property. The dry cleaning drop-off service generated approximately 200 vehicle trips per day. Proposed uses will need to use the existing driveway off Henesta Drive. Potential traffic impacts will be evaluated at the time a change of use permit is submitted to the Building Division.  
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The new zoning will allow re-investment in the property increasing property value over time.
 
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 district and the suitability of the property for retail sales, service businesses and office space. The location of the property on a principal arterial and a signalized intersection makes it suitable for these uses.
 
9.   Will the new zoning conserve the value of buildings?
The existing dry cleaner building will be conserved by the new zoning.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit an existing building to be marketed for a wide variety of uses more suitable for its location on a principal arterial street.