This is an application to change from Residential Professional (RP) to Neighborhood Commercial (NC) Lot 7A Am, South 150’ of Lots 6 & 7 of the Arnold Subdivision, 2^nd Filing.  The applicant intends to remove the existing structure and build a new 7-bay car wash facility with a combination of self and auto wash bays.  A preapplication neighborhood meeting was held in the existing church on the property to discuss the proposed zone change. The Zoning Commission conducted its public hearing on October 1, 2019. Some surrounding property owners were concerned with the noise as well as traffic at the intersection of Lewis and 24^th. The Zoning Commission also expressed concerns with the zone change and identified three criteria where the application was not compatible. The Commission voted on a motion to approve the zone change. However, the motion failed on a vote of 0 in favor and 4 opposed to the motion to recommend approval and adoption of the findings of the 10 criteria for Zone Change 973. The City Council approved the zone change on 1st reading on October 28, 2019. A 2nd reading is required to approve the zone change.

Zone Change applications are reviewed using statutory criteria (MCA 76-2-304 and BMCC 27-1502.d) 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).

City Council may:

• Approve the zone change on second reading and adopt the findings of the 10 criteria (MCA 76-2-304 & BMCC 27-1502.d) as recommended by Planning Staff to the Zoning Commission;
• Deny the zone change and adopt different findings of the 10 criteria, including the criteria identified by the Zoning Commission in its discussion and review of the application ;
• 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 Zoning Commission voted against a motion to recommend approval. The motion was made by Commission Member Boyett, seconded by Commission Member Larson and was based on the Planning Staff's recommended findings of the 10 review criteria. The Zoning Commission members who voted against the motion did articulate specific changes to the proposed findings. Criteria 3, 8 & 10 were amended by the Commission to reflect their findings.  However the City Council found Staff's determinations and recommendation to be supported, and approved the Zone Change on first reading.

The findings of the 10 review criteria (MCA 76-2-304 & BMCC 27-1502.d) below are the proposed findings forwarded to the Zoning Commission by city staff.
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 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 residential 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, that would be removed and the property can be utilized for commercial car wash or other low impact commercial uses.
 
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 needed 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. 

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

The City Council on first reading approved the zone change by majority vote and adopted the findings of the 10 criteria during its October 28, 2019. Staff recommends Council approve Zone Change 973 on second reading, including adoption of the findings of the 10 criteria.