The Zoning Commission recommends approval of Zone Change 1000 and adoption of the findings of the 10 criteria. The City Council approved the zone change request on first reading on October 25, 2021. A second reading public hearing is required to approve the zone change. Staff recommends the City Council hold a hearing and approve the zone change on second reading.

The Zoning Commission reviewed this application and is recommending approval based on the attached ten (10) criteria for zone changes. The subject property is adjacent to commercial uses to the east. Uses allowed in the NO zoning are compatible with the surrounding zoning and neighborhood character. Any development or re-development of the property requires compliance with the new zoning and the ability to meet site development requirements and traffic safety standards. The Growth Policy and the Billings Heights Neighborhood Plan encourage predictable land use decisions that are consistent with neighborhood character and land use patterns. The proposed redevelopment and proposed zoning are consistent with this neighborhood and land use pattern.The proposed zone change will allow an existing dental office located east of the subject property to renovate and expand the business.  The development plan is to extend the existing NO zoning for the Jones Dental Facility directly adjacent to the east so the older residential building and office structure can be demolished and a new larger facility can be built on the existing lots and the subject property.  The proposed change will result in reduction of traffic by eliminating the existing residential house and consolidating the lots for an improved dental facility.  This will improve the quality of the neighborhood by removing an aged deteriorating residential house and constructing a new modern facility.

APPLICATION DATA
OWNER: Laighton D. Jones, DMD
AGENT: Scott Aspenlieder, Performance Engineering
LEGAL DESCRIPTION: Lot 10, Block 1 of Arrowhead Subdivision
ADDRESS: 436 Wicks Lane
CURRENT ZONING: N2
EXISTING LAND USE:  Residential
PROPOSED USE: Dental Office expansion
SIZE OF PARCEL: .288 acres

CONCURRENT APPLICATIONS
None

SURROUNDING LAND USE & ZONING
NORTH: Zoning: N2
Land Use: Residential
SOUTH: Zoning: N2
Land Use: Residential
EAST: Zoning: NO
Land Use: Commercial Dental Office
WEST: Zoning: N2
Land Use: Residential

The pre application neighborhood meeting was conducted via virtual Zoom meeting. The meeting was hosted by Scott Aspenlieder.  There were no attendees and no other comments were received. 

The Zoning Commission held a public hearing on October 5, 2021. Planning staff gave a brief presentation.  The applicant's agent, Scott Aspenlieder concurred with staff's recommendation. No other testimony was received either in person or by telephone at the meeting.  Commission member Trina White moved to recommend approval and adoption of the findings of the ten criteria for Zone Change 1000.  The motion was seconded by Commission member Dan Brooks and approved by a 3-0 vote.

The City Council conducted a public hearing and first reading of the zone change on October 25 and received the Zoning Commission recommendation.  There was no public testimony. The City Council approved this item on first reading.

The City Council may:

• Adopt the Zoning Commission's recommendation of approval and adopt of the findings of the ten review criteria for Zone Change 1000; or,
• Deny the zone change and adopt different findings of the ten review criteria for Zone Change 1000; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.

Before making a decision on the request, the City Council shall consider the Zoning Commission's recommended findings of the ten review criteria for Zone Change 1000:

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
· Continued workforce training benefits the community and helps attract and retain businesses
· Strategically placed industrial parks will encourage a more diverse city economy, and will better help manage effluent and emission from industrial processes

The proposed zoning would allow an existing thriving automobile sales and service operation to expand their 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 the south of the subject property.  This expansion will promote the 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 will 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 will 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. 

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.