Planning staff is recommending approval based on the findings of the 10 criteria for Zone Change 1018.

REQUEST
City Zone Change 1018 – 2110/2116/2130 Bench Blvd – NX1 to NX1 and CX - A zone change request from Mixed Residential 1 (NX1 – 1 to 4 unit buildings) to NX1 and Heavy Commercial (CX), on Lot 9A of Amended Holling Ranch Sub and Parcel A (less 815 sf for Bench ROW) of C/S 451, a 2.91 acre parcel of land. A pre-application neighborhood meeting was held on August 11, 2022, at Medicine Crow Middle School. Tax IDs: D05197A, D05198

APPLICATION DATA
OWNER:  Old Hickory Shed, LLC and Randy Miller
AGENT:  IMEG Corp.- Shawn Thorson
LEGAL DESCRIPTION:  Lot 9A of Amended Holling Ranch Sub and Parcel A (less 815 sf for Bench ROW) of C/S 451
ADDRESS: 2110, 2116, 2130 Bench Blvd
CURRENT ZONING: NX1
EXISTING LAND USE:  Residential
PROPOSED USE:  Residential and commercial
SIZE OF PARCEL: 2.91 acres

CONCURRENT APPLICATIONS
None

SURROUNDING LAND USE & ZONING
NORTH: Zoning: CMU1
 Land Use:  Pet daycare and grooming
SOUTH: Zoning: NX1
Land Use: Residential
EAST: Zoning: N2
Land Use: Residential
WEST:  Zoning: CX
Land Use:  Commercial

Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:

The proposed zone change is most consistent with the following guidelines of the 2016 Growth Policy:
Prosperity (promoting equal opportunity and economic advancement)

2. Is the new zoning designed to secure from fire and other dangers?
The new zoning (Heavy Commercial) requires minimum setbacks, open and landscaped areas and building separations which creates security from fire and other dangers. The new zoning, as do all zoning districts, provides adequate building separations. This is an already constructed and established business location, and it appears to meet the separation requirements for the district. The existing single family dwellings appear to be constructed in compliance with these separation requirements.  Approval of the zone change would trigger a requirement to install a landscaping buffer between the residential zone and the commercial zone. The nearest fire hydrant is approximately 360 feet from the subject property and serviced by the City of Billings Fire Department. 

3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety are promoted by the proposed zoning. This is not a unique to the CX zone, but instead is promoted by all adopted zoning districts within the City of Billings. The site and structure regulations found in 27-400-6 in the CX district promote the minimum standards to ensure public healthy and safety and promote general welfare. The proposed zoning of CX would allow the owners to expand the existing business operation at this location as well as ensure the residential uses are buffered from the commercial use with the requirement of landscaping buffer yard. The approval of the zone change should not have negative affects on the public health, safety and welfare given the existing conditions and site requirements.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning itself will not increase the traffic at this location.  The residential use along Bench Blvd. will not increase, so the traffic should continue to be consistent with existing conditions.  The existing commercial use has access along Main Street, a principal arterial, a street designed to handle high volumes of traffic.  It is with business expansion traffic can increase, but the amount is largely unknown as it will depend on the business itself and the amount of increased production and delivery it provides.
Water and Sewer: Water is provided by the Heights Water District and sewer is provided by the City of Billings.  There are no anticipated impacts related to these services for the expansion of an existing business in an already established service area. 
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. These uses are impacted through additional residential development. This is a commercial development therefore there are no identified concerns for parks and schools. 
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments were consulted and had no concerns with the zone change.

5. Will the new zoning provide adequate light and air?
Similar to criteria 2 and 3, the proposed CX zone, like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. The existing buildings are sited in a way which also provides adequate light and air.

6. Will the new zoning effect motorized and non-motorized transportation?
Traffic generation for the existing residential uses will remain the same. The existing commercial business is accessed from Main Street. There is likely to be an increase in traffic with any commercial business expansion, but there are no concerns given the property is accessed from Main Street which is a principal arterial. Principal arterials even with high volumes of traffic are designed to carry the maximum traffic. Traffic counts in this area are estimated to be 18,140 at the intersection of Main Street and Wicks. This subject property is north of this intersection. With the businesses being existing, any increase to this principal arterial would be negligible. 

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. Existing CX zones are located immediately west. Additionally, site and landscape requirements of the CX district will promote compatibility specifically by requiring a landscaped buffer to residential zones.

8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
This is a suitable use for this parcel of land and the zoning is appropriate in this situation.  The shed company had been storing sheds on their property that is NX1, City Code Enforcement received a complaint about it and it was resolved by letting them put the sheds on the back side of the property near the CX zone.  Therefore, the expansion of the CX zone would bring the property into compliance. The proposed zoning is identical to the zoning west of the subject property and is an appropriate zone with the adjacent businesses and arterial street.

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. Due to the existing businesses and established zones at the west of this location the similarity in use should not affect value of adjacent or neighboring properties. There has been no evidence to support the zone change will negatively affect the surrounding property and existing buildings. 

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
As collectively mentioned in above criteria, the proposed zoning will encourage an appropriate commercial use, and maintain the existing residential use on this property.