The Zoning Commission is recommending approval and adoption of the findings of the 10 review criteria for Zone Change 1042.
 

This is a zone change request for a parcel located at 655 W Wicks Lane and legally described as Lots 3 and 4 of Block 4, of the amended Plat of Block 4, Lake Hills Subdivision, 2nd Filing. The current zoning is N3 – Suburban Residential Neighborhood and the proposed zone is Public 2 (P2), a zoning that would allow the development of a church. The proposed zoning is compatible and identical to the zoning on the adjacent lots to the east and the small utility lot on the southwest corner established for a pump station operated by the Billings Heights Water District. North across Pebble Beach Road is Mixed Residential 1 (NX1) where there are several two and four family dwellings. To the west of Inverness is a mix of residential and commercial zones including corridor mixed use (CMU), neighborhood mixed use (NMU) and Mixed Residential 2 (NX2) zoning for multi-unit dwellings. Across Wicks Lane is NX2 zoning and several apartment buildings. The property has remained vacant since it was first platted in the county in the 1950s. The church to the east was built in 1982.

The proposed zone change will allow the property to be developed for a new church, Grace Point Church. The proposed zoning does require compatibility with adjacent zoning districts (Sec 27-500 BMCC). For example, any district that is different from the P2 zone that is within 150 feet of the exterior property line will require any construction along that property line to match the adjacent zone. This compatibility requirement includes build-to zones, maximum height and setbacks (Table 27-500.1 BMCC). Height exceptions are allowed for spires and similar un-occupied building appurtenances. Buildings may also exceed the maximum height (for occupied space under a roof) if the building is setback an additional two feet for every foot the building exceeds the height limit.

Churches in general serve as focal points for the community and add significant value to adjacent neighborhoods. The use typically does not generate consistent daily traffic but is day and time dependent on worship services and other activities. Depending on the capacity of the proposed church, a traffic impact study might be required. According to the applicant’s agent, access to and from the property would likely be from Wicks Lane and from Inverness Drive.

The P2 zone allows a variety of civic and institutional uses, but individual sites are limited to two primary structures. Sites that intend to develop three or more primary buildings (i.e. college campuses, church/school campuses, medical facilities, Metra Park) would choose a Public 3 (P3) zone district.  Residential use is allowed if those homes are offered to persons who are affiliated with a primary use. For religious institutions, this could mean a home for the church leader, or acolytes of the institution. Other uses that may be allowed include schools, government offices, hospice facilities, day care, a cemetery, and some recreational uses.
 

The applicant held a pre-application neighborhood meeting on December 14, 2023, at the Lake Hills Golf Course Clubhouse. Ten surrounding property owners signed in at the meeting. The primary concern expressed by the surrounding owners was regarding parking, traffic (entry and exit) and improvements to Inverness and Pebble Beach. Planning staff sent the required mailed notices, posted the property, posted a synopsis of the application on the Current Zoning Application web page, and published the legal for the Zoning Commission hearing. No public comments were received by the Planning staff prior to this report.

City Zoning Commission Public Hearing February 6, 2024
The Zoning Commission held its hearing on February 6, 2024, and received the staff recommendation and testimony from the applicant's agent, Taylor Kasperick, P.E. of Performance Engineering. One property owner provided testimony in favor of the application. Rebecca Utter, who owns 621 Pebble Beach Road, spoke in favor of the application. No other testimony was received at the hearing.

Commission Vice Chair Greg McCall closed the public hearing. A motion to recommend approval and adoption of the findings of the 10 criteria was made by Commission member David Goss. The motion was seconded by Commission Vice Chair Greg McCall and was approved on a 4-0 vote. The Zoning Commission welcomed two new members appointed in December, 2023: Andy Megorden and Beau Mulvaney. Commission member Daniel Brooks was absent from the meeting.
 

The City Council may:

• Approve and adopt the findings of the ten review criteria for Zone Change 1042 as recommended by the Zoning Commission; or,
• Deny and adopt different findings of the ten review criteria for Zone Change 1042; or,
• Delay action on the zone change request for up to 30 days at the request of the applicant or on its own motion; or
• Refer the application back to the Zoning Commission for an additional public hearing based on 1) new information submitted that the applicant and public has not had an opportunity to examine; or 2) new information has been presented that was never submitted or considered by the Zoning Commission or staff; or
• Allow the applicant to withdraw the zone change request.

The applicant has not requested a delay or withdrawal of the application.

 

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

Prior to making a decision on the proposed zone change, the City Council shall consider the Zoning Commission's recommended findings of the following criteria:

1) Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:

• Infill development and development near existing city infrastructure may be the most cost-effective. 
• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction.
• Implementation of the Infill Policy is important to encourage the development of underutilized properties.

The Billings Heights Neighborhood Plan (2006) will be updated in 2024. The current plan emphasized the need for more meeting and activity spaces in Billings Heights. This can be provided by government facilities or private facilities. There are more than 30 churches in Billings Heights that serve the entire community, including the only mosque in Billings. Church congregants also come from outside the city limits. Additional space for community gatherings will help meet the goal of providing more meeting and activity space in Billings Heights.

The proposed zoning would allow an existing vacant property to be developed for a religious institution. The parcel is over 8 acres and can accommodate the initial development with space for a future building and activity areas. The existing zoning (N3) was the zone that translated from the previous zoning of R96 for this parcel. Public 2 (P2) was applied to the existing church to the east and to the Billings Heights Water utility parcel. The single-family zoning was put in place first in the County (1973) and remained in place at the time of annexation (1984). The P2 zone is a specific zone for churches, schools and other civic institutions.

The property is located on an arterial street (W Wicks Lane) that currently handles over 5,700 vehicle trips per day (2022). As building activity increases in the High Sierra Subdivision and the Dover Ranch property, traffic volume will increase on W Wicks Lane. In addition, the completion of the Inner Belt Loop connection to Highway 3 will also add traffic. The City Engineering Division will work with the church to properly locate access driveways on the property. This will likely include one access from Inverness.

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. The site will be developed in conformance with Section 27-500 (Public zone district standards).

3) Whether the new zoning will promote public health, public safety and general welfare?
Similar to criteria two, public health and public safety will be promoted by both the existing zoning and the proposed zoning. The proposed P2 zoning would allow the vacant property to be developed. Developed land will increase property values. Vacant land tends to add unpredictability to the area. Public health and safety will be promoted by reducing the calls for service to the Code Enforcement Division for untended grass and weeds. Every summer since 2016, the owner has neglected to mow the grass and weeds on the property, prompting calls for Code Enforcement.

4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning should not have any measurable impact on transportation until the church is constructed and occupied. The capacity of the church will determine the need for a traffic impact study. The development will require the completion of the street improvements on Inverness Dr (east side) and Pebble Beach (south side). The streets currently do not have curb, gutters or sidewalks on both sides of the street. Drive approaches will be determined and approved by City Engineering in accord with the access management policy.
Water and Sewer: The City will provide a sewer connection to the property. The Billings Heights Water District will provide water. The property is on the southern boundary of the water district. The Utilities Division voiced no concerns.
Schools and Parks : Schools and parks should not be negatively affected by the proposed zoning. The school district provided no comments on the proposed zone change. Parks should not be negatively impacted by the proposed zoning. The closest public park is across the street from the subject property. This is Castle Rock Park.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments had no concerns about the zone change.

5) Will the new zoning provide adequate light and air?
Similar to criteria 2 and 3, the proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. Any development of the property would follow the requirements of Section 27-500 (BMCC) and other city regulations for development.

6) Will the new zoning affect motorized and non-motorized transportation?
The existing property has a fully developed sidewalk on W Wicks Lane. The curb, gutter and sidewalk will need to be installed on Inverness and Pebble Beach. This will have a positive effect on pedestrian safety and access. The development of a new church may require a traffic impact study if the anticipated number of new trips is 500 or more per day. The two closest intersections – Inverness and Broadmoor – are stop controlled intersections. There is a signalized intersection further west at Gleneagles and W Wicks Lane and one to the east at Lake Hills Dr and W Wicks Lane.  The signalized intersections can act to regulate traffic flow and safe turning movements can be accomplished at Broadmoor and Inverness. During peak traffic times, drivers can navigate to these signalized intersections along internal streets to decrease their wait times at these unsignalized intersections.

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 east and southwest are also zoned P2. North of Pebble Beach is NX1 zoning and to the west of Inverness in mixed use zoning and NX2 zoning. The development of the adjacent property matches the zoning for the properties. The P2 zoning is compatible with the surrounding property and development. The zoning does promote compatible urban growth.

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 or uses. The proposed zoning will allow the development of this vacant parcel to complete the infill of this section of Lake Hills Subdivision.

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. Any development of the property will need to meet the code requirements for Public zoning, and other city development and building regulations. New development tends to increase surrounding property values.

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 property in a desirable neighborhood in Billings Heights. Public and private service organizations add value to neighborhoods. Infill on large vacant parcels also contributes to neighborhood stability. The proposed zoning and use will encourage the most appropriate use of the parcel.