This is a zone change request from Residential 9,600 (R-96) to Residential Professional (RP) on Lot 4A1A of Blue Meadow Acreage Tracts (7^th amended), a 1.09 acre parcel of land, generally located at 2526 Shiloh Road. The property is owned by BTS, Inc. and Sanderson Stewart is the agent. A pre-application meeting was held at 231 Main Street on December 19, 2013. The pre-application meeting notes are included as an attachment. The City Zoning Commission conducted a public hearing on September 2, 2014, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria for Zone Change 924 on a 4-1 vote.

State law at Section 76-2-304, MCA, requires that all zone changes be reviewed in accordance with 10 criteria. Using the 10 criteria to determine the appropriateness of the zone change request, the City Council may:
1. Approve the zone change request
2. Deny the zone change request
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

The assessed property value should increase when the property is developed under the new zoning. The city fees for the property will also increase under the new zoning.

The applicant is requesting to rezone a 1.09 acre parcel described as Lot 4A1A in Blue Meadow Acreage Tracts, 7^th Amended, located on the west side of Shiloh Road just north of the intersection with Poly Drive. The property has been zoned as R-96 since it was annexed in 1985. The owner is proposing to construct an office for the owner – Classic Design Homes. Classic Design Homes is a local home builder in existence since 2004. The proposed zoning allows office uses and several service type businesses. The RP zoning does not allow retail uses or restaurants. Most businesses allowed in the RP zone are “9 to 5” type uses so little traffic after hours would be expected.
 
The lots surrounding this property are all zoned R-96 and many are developed for single family homes. The lots across Shiloh Road are zoned R-96 but a special review was approved several years ago for assisted living cottages. The cottages are part of the St. John’s Lutheran Retirement Community. Shiloh Road is a principal arterial street and carries about 8,500 vehicle trips per day in this area. The road was re-constructed and completely open from Rimrock to Interstate 90 in 2010.  The traffic volume on this segment of Shiloh Road has remained consistent for over 10 years. The proposed zoning and use is not expected to have any impact on the traffic volume on Shiloh Road. The West Billings Neighborhood Plan adopted a goal of retaining retail and commercial centers at the intersections of arterial streets and encouraging non-retail, office and multi-family uses along arterial streets between those intersections. The proposed zoning of RP is intended to accommodate limited commercial and professional offices as would be compatible with adjoining residential districts. The 2008 Growth Policy encourages more housing and business choices within each neighborhood while ensuring those land uses are compatible with existing neighborhoods. The property is located within an existing and developing residential area but has access to a busy arterial street. The property, if zoned RP, would have to comply with the development standards for the North Shiloh Corridor Overlay zone and Section 27-612(e) – the “Neighborhood Manners” section of the zoning regulations that addresses potential conflicts between residential uses and commercial uses. The most restrictive requirement would govern the site development for specific characteristics such as noise generation, solid waste storage, building design, landscaping and screening.
 
There is an existing drive approach on the property that provides garage access to the home at 2512 Shiloh Road. The access will be preserved through an existing easement on the subject property. A new drive approach could be granted for the proposed business office development. A drive approach for the development could occur at the time of the building permit application.
 
The RP zone requires a maximum building height of 34 feet and a front property line minimum setback of 20 feet. If the new building is over 30 feet in height, it must be setback from any residential property line a minimum of 30 feet (Section 27-612.e) and all outdoor lights must have full cutoff shielding. The RP zoning also requires a maximum lot coverage of 50% (foot print of any roofed structures). Single family dwellings are allowed in the RP zone, but not two-family or multi-family dwellings. Each dwelling unit must have at least 6,000 square feet of lot area.
 
The applicant conducted a pre-application neighborhood meeting on December 19, 2013. Seven surrounding property owners attended and concerns were voiced about pedestrian safety in the existing crosswalk and refuge island in Shiloh Road, and how the development may affect this concern. In addition, concern was expressed that an office use would devalue adjacent residential property. The residents stated their preference for a two-family development rather than an office building. A synopsis of the meeting and list of attendees is included as an attachment. No surrounding property owners contacted the Planning Division staff prior to the Zoning Commission public hearing.
 
The West Billings Neighborhood Plan adopted by the City in 2001 states the purpose of the plan is to guide the long-term growth of West Billings to ensure land is conserved and to avoid leapfrog development. A preferred land use map was developed locating and encouraging the development of neighborhood and community commercial centers at selected arterial street intersections. To support this “node” of commercial activity, non-retail businesses and higher density housing would be encouraged along these arterial streets between the commercial nodes. The proposed zoning meets these objectives of the West Billings Neighborhood Plan. The 2008 Growth Policy encourages the compatibility of adjacent zoning to new zoning especially in established neighborhoods. The proposed zoning is compatible with the adjacent zoning and existing land uses. In addition, the North Shiloh Corridor Overlay District and Section 27-612(e) of the zoning code requires additional screening and buffering of any new commercial uses from the directly adjacent residential neighborhoods.
 
The Planning Division reviewed the application and recommended approval based on the ten (10) criteria for zone changes. The Zoning Commission concurred with this recommendation. The subject property is not located at the intersection of arterial streets but is proposed for a non-retail office use. The street carries a modicum of average daily traffic and the proposed use should not have an impact on the street carrying capacity. There are single family uses to the north, south and under construction to the west. The assisted living cottages east across Shiloh Road are more than 150 feet separated from this property and there should be no impact from the proposed RP zone and office building. The uses allowed within the RP zoning are compatible with the surrounding zoning and neighborhood character. Any development of the property requires compliance with the new zoning and the ability to meet site development requirements and traffic safety standards. The 2008 Growth Policy and the West Billings Neighborhood Plan encourage predictable land use decisions that are consistent with neighborhood character and land use patterns. The existing use and proposed zoning are consistent with this neighborhood and land use pattern.
 

The Zoning Commission conducted a public hearing on September 2, 2014, and received the staff recommendation and testimony from the applicant and agent. Lauren Waterton of Sanderston Stewart spoke as the agent for BTS, Inc. Ms. Waterton noted the proposed zone change will enable Classic Design Homes and Century 21 Real Estate to construct an office building on the property. She stated the applicant is aware there cannot be any storage of construction equipment or supplies on the site and the Shiloh Corridor Overlay district requirements for building design, landscaping, lighting and signage will apply to the property. Ms. Waterton noted the location of the pedestrian crosswalk on the north end of the property and the location of the current drive approach to the south end of the property. She noted that Shiloh Road has a median barrier at this location so all traffic must enter from the southbound side of Shiloh and exit in the same direction (right-in and right-out). She stated the proposed zoning and use of the property is in conformance with the 2008 Growth Policy and the West Billings Neighbrohood Plan. In response to a question from the Commission, Ms. Waterton noted the owner intends to use the existing drive approach and not create a new drive opening on Shiloh Road. 

Mark Dawson, owner of Classic Design Homes and Century 21 Real Estate, spoke in favor of the application. He stated their offices are now at 1605 Shiloh Road. He stated he has reached out to the Arrowhead School PTA and the crossing guard for ideas about how their development can enhance the safety of children crossing Shiloh Road at this location. He stated they will designate a parking spot in the parking lot for the crossing guard and construct, at their expense, a small warming shelter for children and the crossing guard. Mr. Dawson presented a concept site plan and rendering of the proposed new office building. In response to a question from the Commission, Mr. Dawson stated the 43 parking spaces shown on the concept plan are required by the city code based on the use and size of the new office building. In response to a question from the Commission, Mr. Dawson noted Century 21 Real Estate now has 45 agents and Classic Design Homes employees 6-7 people. 

Mr. Doug Wyle, representing Classic Design Homes, testified in favor of the zone change. He stated there will be only 1 access from Shiloh Road and no access to the north, west or south adjacent properties. He stated the proposed zoning is appropriate given the nature and speed of the traffic on Shiloh Road. In response to a question from the Commission, Mr. Wyle noted a firm start date is not set for the project but it could start next spring. 

The public hearing was closed. Commission member Mike Boyett made a motion to recommend approval and adoption of the findings of the 10 criteria for Zone Change 924. The motion was seconded by Dennis Ulvestad. Mr. Ulvestad noted the access to the property is appropriate in relation to the cross walk to the north. He noted the development of the property should help slow traffic down for pedestrians and children using the cross walk. Commission Chairman Leonard Dailey, Jr. noted pedestrian safety is paramount at this location and hopes the development, including the donation of the parking spot and the warming shelter, will increase safety for the children. The Commission voted 4 in favor and 1 opposed to the motion. Commission member Barbara Hawkins cast the dissenting vote.  

Prior to any decision on the zone change by the City Council, it shall consider the findings of the following 10 criteria:
 1.   Is the new zoning designed in accordance with the Growth Policy?
      The proposed zone change is consistent with the following goals of the Growth Policy:

• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6) 

  The proposed zoning would permit small office uses on the property adjacent to existing and developing residential areas. The arterial street, Shiloh Road, would allow any traffic to be accommodated. Section 27-612(e) of the zoning code requires special treatment of site development so conflicts are reduced or eliminated between businesses and residences. The proposed zoning is compatible with the existing uses.   

• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6) 

The existing zoning is restricted to residential uses. The proposed zoning will allow office uses and limited service businesses. No retail businesses would be allowed.  
 
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 City Fire Department will ensure safe access to the site and provision for minimum fire flow to the new buildings.
 
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. Development of the vacant property will be done in accordance with current site development regulations that provide more screening and buffering for adjacent residential uses. These new requirement were adopted in 2012. The North Shiloh Overlay District requires compatibility between structures and abundant landscaping. This will improve public health and safety and the general welfare of the adjacent neighbors.
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:  The proposed zoning should have a minimal impact on the surrounding streets.

Water and Sewer:  The City will be able to provide sewer and water service to the property by extension of those utilities from Shiloh Road.  
 
Schools and Parks:  There should not be any impact to schools from the proposed zone change. However, any residential development in the future could affect the schools in the area.

Fire and Police:  The subject property is currently served by the city Public Safety Services. Commercial development of the site should not increase calls for service or change the nature of those calls for service.
 
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 from a commercial property is dependent on the specific uses within the development. A development plan has not yet been finalized so prediction of traffic impacts is not possible with certainty at this time. In general, the proposed development of an office generates little additional daily traffic. The re-construction of Shiloh Road included a 10-foot wide multi-use path on the east side of the street and curb walk on the west side. Any new drive approach will interrupt the sidewalk. Careful placement of the new approach is required due to the proximity to a marked crosswalk on Shiloh Road.   
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will provide an area to locate offices and small service businesses in an area where none currently exist.  
 
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 office and limited commercial uses. The level of existing traffic along with the number of existing and planned residential developments in the area makes the current zoning of R-96 not realistic for this vacant property.
 
9.   Will the new zoning conserve the value of buildings?
The lot is currently vacant. Development of the site will add property value and may increase the adjacent property values. Surrounding buildings should be conserved when development occurs on the site by adding property value to the market.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit a greater variety of uses on the property and is the most appropriate use of the property.