This is a special review request to allow a vehicle wrecking facility at 415 and 431 South Billings Boulevard in a proposed Controlled Industrial (CI) zone. The parcel is approximately 4.87 acres and known as C/S 473 and the south 132 feet of Lot 4 in the NW1/4 SW1/4 of Section 9, 1 South, 26 East. The property owner is Hanser Properties, LP, and Ralph Hanser is the agent. The Zoning Commission conducted a public hearing on October 6, 2009, and is forwarding a recommendation of conditional approval on a 3-0 vote.

Before taking any action on an application for a Special Review use, the City Council shall first consider the findings and recommendations of the City Zoning Commission. In no case shall the City Council approve a special review use other than the one advertised. The Council shall take one of the following actions:
• Approve the application;
• Conditionally approve the application;
• Deny the application;
• Allow withdrawal of the application; or
• Delay the application for a period not to exceed thirty (30) days.

The special review will have a positive impact on the City’s tax base and contribute to the South Billings Boulevard Tax Increment Finance District.

This is a special review request to locate a vehicle wrecking facility with a pick-a-part yard for customers. The parcel is directly south of an existing 4.75 acre wrecking facility approved by the city in 2007. The current yard has experienced no problems with compatibility with the neighborhood to the east and is well-maintained. This special review request will be considered if the preceding zone change to CI is recommended for approval by the City Zoning Commission.

The property has extensive frontage along South Billings Boulevard, a principal arterial street. There is one existing drive approach just to the north of an existing garage that will be removed in the future. A new drive approach is proposed approximately 75 feet south of the existing drive approach. The applicant is proposing to screen the yard with a 9 foot tall fence identical to the existing fence to the north. The applicant will provide interior lighting with full cut-off shield so light will not spill over on to adjacent property.

Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria; 1) the application complies with all parts of the Unified Zoning Regulations, 2) the application is consistent with the objectives and purposes of the Unified Zoning Regulations and the 2008 Growth Policy as updated, and 3) the application is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts. This application conforms to the first criteria in so far that it will be within a zoning district where vehicle wrecking facilities may be allowed by special review approval.

The application also conforms to the second and third criteria. The zoning regulations adopted by the City Council have designated 2 zoning districts where vehicle wrecking facilities may be allowed. The CI zone is intended to “accommodate a variety of business, warehouse and light industrial uses related to wholesale plus other business and light industries not compatible with other commercial zones, but which need not be restricted in industrial or general commercial zones, and to provide locations directly accessible to arterial and other transportation systems where they can conveniently serve the business and industrial centers of the city and county.” It appears the proposed use will fit within an established commercial area and conditions can be proposed to mitigate any potential negative effects on adjacent property.

The proposed use is in a proposed zoning district that allows this use with a special review. The City Council has granted 3 previous special review requests for vehicle wrecking yards within the immediate area. The proposal is consistent with goals of the 2008 Growth Policy as updated, specifically the goal of encouraging uses that are compatible with the character of the adjacent land use patterns.

RECOMMENDATION
The Zoning Commission recommends conditional approval on a 3-0 vote. The conditions are as follows:
1. The special review approval shall be limited to C/S 473 and the South 132 feet of Lot 4 in the NW1/4SW1/4 of Section 9, 1 South, 26 East generally located at 415 and 431 South Billings Boulevard.
2. Development of the site shall be as shown on the submitted site plan and consist of screening fencing, sight-obscuring gates, landscaping and parking area. Modifications to the site that show additional area greater than 10% of the proposed area will require additional special review approval.
3. All outdoor lighting of the salvage yard area shall be equipped with full cut-off shields so that the lighting does not spill onto surrounding properties.
4. All inoperable vehicles shall be stored within the fenced area and shall not be stacked in such a way that they are visible above the fence line.
5. Business hours shall be limited to between 7:00 am and 7:00 pm.
6. A state Motor Vehicle Wrecking License shall be obtained within six months of the approval of this special review. A copy of the license shall be provided to the Planning Department. There will be special restrictions placed on the state licensure during the written document period of the state application process, which can take up to 120 days, specifying that there shall be no crushing of vehicles. They shall be hauled to a licensed wrecking yard when no longer needed.
7. All storm water shall be retained on-site, and not discharged into the City’s storm drain line, unless otherwise approved by the City of Billings. Approval of the storm water management plan for the site shall be received by the City and/or MDEQ, whichever is appropriate, prior to City sign-off on the state license.
8. These conditions of special review approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.
9. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings, regulations and ordinances that apply.

**NOTE** Approval of this Special Review does not constitute approval of a building permit, sign permit or fence permit. Compliance with all applicable local codes will be reviewed at the building permit or zoning compliance permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The use and development of the property must be in accordance with the submitted site plan.

The Zoning Commission conducted a public hearing on October 6, 2009, and the applicant, Ralph Hanser, appeared and provided testimony to the commission. Scott Hanser testified in favor of the special review and explained the operation of the vehicle wrecking yard to the Zoning Commission. Tom Ruskewicz, Chairman of the Southwest Corridor Task Force, testified in favor of the special review. The Zoning Commission voted 3-0 to recommend conditional approval to the City Council.

Section 27-1503(D) specifies that all Special Reviews shall comply with the following three (3) criteria:
1. Complies with all requirements of this Article (27-1500).
This application does comply with the requirements of the zoning regulations.

2. Is consistent with the objectives and purposes of Chapter 27 BMCC and the Growth Policy.
This application is consistent with the purposes of Chapter 27- Unified Zoning Regulations and the 2008 Growth Policy. The application is appropriate in this particular district based on all the circumstances of the location. The application does encourage predictable land use decisions that are consistent with the neighborhood character and land use patterns. The application does encourage new developments that are sensitive to and compatible with the character of the adjacent neighborhood.

3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.
The proposed location for the vehicle wrecking yard is appropriate and conditions of approval are recommended to mitigate any potential adverse impacts to the neighborhood.

Further, the City Council shall consider and may impose modifications or conditions concerning, but not limited to the following:

1. Street and road capacity;
2. Ingress and egress to adjoining streets;
3. Off-street parking;
4. Fencing, screening and landscaping;
5. Building bulk and location;
6. Usable open space;
7. Signs and lighting; and/or
8. Noise, vibration, air pollution and similar environmental influences.

Based on the above criteria, the Zoning Commission is forwarding a recommendation of conditional approval of Special Review #879 on a 3-0 vote.