Planning staff is recommending approval based on the findings of the 10 criteria for Zone Change 999.

REQUEST
This is a request to change zoning on property located at 733 S 31st St W just north of the Mercedes Benz car dealership on King Avenue West. The existing zoning is CMU1 and the request zoning is CMU2 on Lot 4, Block 16A of Lampman Subdivision, a 62,464 square foot parcel of land. A pre-application neighborhood meeting was held on August 12, 2021, at 733 S. 31st  Street. Presented by; Karen Husman, Planner I

APPLICATION DATA
OWNER: Patricia Harvey
AGENT: WWC Engineering, Greg Reid
LEGAL DESCRIPTION: Lot 4, Block 16A, Lampman Sub.
ADDRESS: 733 S 31st St W
CURRENT ZONING: CMU1
EXISTING LAND USE: Vacant
PROPOSED USE: Additional service building and parking  
SIZE OF PARCEL: 62,464 sf

CONCURRENT APPLICATIONS
None

SURROUNDING LAND USE & ZONING
NORTH: Zoning: N2
 Land Use: Residential
SOUTH: Zoning: CMU2
Land Use: Auto sales
EAST: Zoning: CMU1
Land Use: Vacant
WEST:  Zoning: CMU1
Land Use: Hotel

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:
Prosperity (promoting equal opportunity and economic advancement)
· Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers
· A diversity of available jobs can ensure a strong Billings’ economy
· Successful businesses that provide local jobs benefit the community
· Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
· Retaining and supporting existing businesses helps sustain a healthy economy

The proposed zoning would allow an existing thriving automobile sales and service operation to expand its operations and better serve the community. Utilizing a vacant parcel is an excellent infill development for the property directly north of the existing Mercedes dealership south of the subject property. This expansion will promote economic stability as well as promote infill development in this commercial sector.

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 proposed zoning (CMU2) would allow the owner to ensure future development is not intrusive to neighboring property, and still allow compatible uses with the adjacent CMU1 zoning.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will increase post-development traffic volume. A traffic impact study (TIS) or an update to an existing TIS may be necessary at the time of development.
Water and Sewer: The City provides water and sewer to the property.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed development does not include residential uses.
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?
Traffic generation for an auto dealership expansion may significantly impact motorized transportation. The new development will have sidewalks and will connect to other sidewalks and pedestrian facilities in the neighborhood. The new zoning designation itself should not have any increase effect on the transportation system.

7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. Property west of the subject parcels is zoned CMU1 and used as a hotel. Property to the south is proposing to expand the existing CMU2 use to the subject property. The proposed zoning is compatible with the adjacent zoning and existing land uses. The zoning to the north (N2) will require screening and buffering on this property in order to mitigate any possible compatibility issues.

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 expansion of an existing commercial use.

9. Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. It is not known if its proximity to residential property in the area will affect the value of residential buildings. Any development of the property will need to meet the site development requirements in the zoning code, including landscaping, screening, building heights and setbacks.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the development of the property in a strong commercial area, expanding an existing business is encouraging the most appropriate use of land in the district. Supporting local business expansion is beneficial to the economic growth for the City of Billings.