Zone Change 973 - 2335 Lewis Avenue -  A zone change request from Residential Professional (RP) to Neighborhood Commercial (NC), on Lot 7A, Arnold Subdivision, 2nd Filing, a 30,772 square foot parcel of land. A pre-application neighborhood meeting was held on August 26, 2019, at 6:00 pm, at the subject property. Presented by Karen Husman, Planner I.

Planning staff recommends approval and adoption of the findings of the ten criteria for Zone Change 973.

OWNER: United Pentecostal Church, Ed Sermon
 AGENT: Scott Aspenlieder, Performance Engineers
 LEGAL DESCRIPTION: Lot 7A, Arnold Subdivision 2nd Filing
 ADDRESS: 2335 Lewis Ave
 CURRENT ZONING: RP
 EXISTING LAND USE: Church
 PROPOSED USE: Car Wash (will require special review application approval)
 SIZE OF PARCEL: 30,772 sf

None

Surrounding Property:

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
2335 Lewis	188 (City)	1/9/1978	RP to NC	No
SURROUNDING PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
2007 Blue Creek Rd	249 (County)	8/28/79	R-150 to NC	Yes
2015 Blue Creek Rd	169 (County)	2/28/78	R-150 to NC	Yes
2315/2319 Broadwater Ave	536	1/22/1990	RP to NC	Yes
1031 24th St West (Cenex)	434	7/23/1984	RMF-R to NC	Yes
1211 24th St W (Gainan's Square)	469	5/6/1985	RP to CC	Yes
1233 24th St W (MRM Bargain Center)	25 & 38	8/27/1983	RMF-R to CC	Yes
1005 24th St W (multi-tenant building)	450	12/3/1984	RMF-R to NC	Yes
2340 Lewis (Cenex)	607	5/28/1996	RMF-R to NC	Yes	small addition to existing Cenex property

NORTH: Zoning: RP
Land Use: Altana Federal Credit Union
SOUTH: Zoning:  NC
Land Use:  Cenex gas station
EAST:     Zoning: RP
Land Use: Frontier Insurance Solutions
WEST:   Zoning:R-70
Land Use:  Residential & Church of the Good Shepherd

This is an application to change from Residential Professional (RP) to Neighborhood Commercial (NC) Lot 7A Arnold Subdivision, 2nd Filing. The property is generally located on the northeast corner of the intersection of Lewis Avenue and 24th Street West. The applicant intends to remove the existing church and build a new 7-bay car wash facility with a combination of self and auto wash bays.  A pre-application neighborhood meeting was held at the subject property to discuss the proposed zone change.  The surrounding property owners were concerned with the noise as well as traffic at the intersection of Lewis and 24th St West. There are two existing drive approaches on the property - one off Lewis Avenue and one off 24th St West. The proposed car wash will require a subsequent special review approval if the zone change is approved.

The Planning staff has reviewed the application and is recommending approval based on the findings of the ten review criteria. The proposed zoning and use of the property is compatible with the adjacent and surrounding land uses. The 2016 Growth Policy supports the proposed zoning and in this area of mixed uses and zoning districts.

Zone Change 973 – 2335 Lewis - RP to NC
Prior to any recommendation to the City Council, the Zoning Commission 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 guidelines of the 2016 Growth Policy:

• Essential Investments: Infill development and development near existing City infrastructure may be the most cost effective.  Neighborhoods that are safe and attractive and provide essential services are much desired;

The proposed zoning requires any new development to install landscaping with a preference for it to be along the street frontage.  New buildings, sidewalks, landscaping and fencing would make this area of Billings more visually appealing to residents and visitors, as well as buffer from the neighboring properties.  Infill development is the most cost effective since there is already infrastructure in place.  Providing basic services near residential development is much desired and convenient to the local residential community.
 
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 and public safety will be promoted by the proposed zoning. The property has an existing structure used as a church. The vacant church would be removed and the property would be used for a car wash after special review approval. Lower impact uses are allowed by right in the NC zone, including all types of retail services, professional offices and some business services.
 
4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:               The proposed zoning will not have any effect on the existing transportation system.
Water and Sewer:           The City provides water and sewer to the property. There will be no additional impacts to the system from the proposed zoning.   
Schools and Parks:         Schools and parks should not be affected by the proposed zoning. 
Fire and Police:              The subject property is served by city public safety services. The Police and Fire Departments had no concerns with the zone change.
 
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?
The new zoning will have no effect on transportation systems.
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to re-develop into a neighborhood service area with local services that are compatible with the existing neighborhood.
 
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 the district and the suitability of the property for the proposed use. The proposed zoning will allow the re-development of the land as a commercial use and improve the area with a new building.
 
9.   Will the new zoning conserve the value of buildings?
Approval of the zone change will conserve the value of the property by allowing redevelopment of the property.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow re-development of the land to a new commercial use.  Residential development on this corner is not the most appropriate use of the land at this location.  Commercial development to buffer residential from high traffic is the best use of the land. 

Planning staff recommends approval and adoption of the findings of the ten criteria for Zone Change 973 reflected in the summary section of this memo.