This is a zone change request from Residential Professional (RP) to Neighborhood Commercial (NC), on Lot 7A Amended, South 150’ of Lots 6 and 7 of Arnold Subdivision, 2^nd 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 1335 Lewis Ave. Tax ID: A02435

Zone Change applications are reviewed using statutory criteria (MCA 76-2-304 and BMCC 27-1502) referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another types of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district (MCA 76-2-302 and BMCC 27-301).

APPLICATION DATA
OWNER: Ed Sermon
 AGENT: Scott Aspenlieder, Performance Engineers
 LEGAL DESCRIPTION: Lot 7A Amended, South 150’ of Lots 6 and 7, of the Arnold Subdivision, 2nd Filing
 ADDRESS: 2335 Lewis Ave.
 CURRENT ZONING: RP
 PROPOSED ZONING: NC
 EXISTING LAND USE: Church
 PROPOSED USE: Car Wash
 SIZE OF PARCEL: 30,772 sf

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria.
• Deny the zone change and adopt different findings of the 10 criteria; as recommended by the Zoning Commission;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

Prior to making a decision on the proposed zone change, the City Council shall consider the findings of the 10 review criteria.

The Planning staff recommended approval to the Zoning Commission based on its findings of the 10 review criteria. The Zoning Commission voted against this recommendation and proposed findings.
 
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 anticipated in a neighborhood 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. The proposal would result in RP zoning to the east close to the residential area and NC zoning closer to the corner of 24th Street West and Lewis Avenue.
 
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.  Lower intensity commercial development to buffer residential neighborhoods from high traffic is an acceptable use of land at the intersection of a major arterial and collector level roadway. 

Approval of this application will have no direct financial impact on the Planning Division budget.

This is an application to change from Residential Professional (RP) to Neighborhood Commercial (NC) Lot 7A Amended, 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 Street West. There are two existing drive approaches on the property - one off Lewis Avenue and one off 24th Street West. The proposed car wash will require a subsequent special review approval if the zone change is approved.

The Planning Division reviewed the application and recommended approval to the Zoning Commission based on the proposed findings of the ten (10) criteria as required by MCA 76-2-304 and BMCC 27-1502 for zone changes.

The Zoning Commission held a public hearing on October 1, 2019, and received the Staff recommendation, as well as testimony from the  agent, Scott Aspenlieder, who said the reason for the zone change request is to allow a car wash at this location. Mr. Aspenlieder said they had spoken to the City Engineering division regarding traffic at this location and reviewed their options for ingress and egress as well as traffic study requirements. 

Testimony form residents concerned with the change in zoning was heard.  There were four residents in attendance speaking in opposition to the change in zoning to NC. Their concerns included allowing businesses that would increase traffic noise and  may have some safety concerns for pedestrians, particularly the children walking to and from school.  There were also concerns that the City infrastructure would not be sufficient for some uses, such as a car wash that would likely produce excessive amounts of drainage into the sewer system.  The residents in attendance all concurred that this would not be an appropriate zone for the property and would allow uses that would not promote public health, safety and general welfare. The residents felt the criteria numbers 3, 8, 9 and 10 were not met, and they believe as residents of the neighborhood they had a better perspective of what was appropriate and what would benefit the neighborhood.

After taking public comment, the Zoning Commission had some discussion about the application, the neighbors concerns, and the Commission's concerns with the application. There was discussion of making a motion to recommend denial. During discussion, the Commission cited BMCC, Section 27-1502(d)(3), "the zoning would allow uses that would not promote public health, safety and general welfare", Criteria 8 - the new zoning does not consider the character of the district and the peculiar suitability of the property for particular uses and Criteria 10 - the new zone would not encourage the most appropriate use of the land. Ultimately, Zoning Commission Member Boyett made a motion to recommend approval and adoption of the findings of the 10 review criteria as per the staff recommendation. The motion was seconded by Commission Member Larson. The vote was 0 in favor and 4 opposed to the motion.  The motion to recommend approval failed.

The Consistency with Adopted Policies or Plans is discussed in the Alternatives Analyzed section above.