This is a zone change request from Residential 9,600 (R-96) to Residential Professional (RP) on Lot 2A1 of Blue Meadow Acreage Tracts, a 16,517 square foot parcel of land. The applicant, Patrick Parker, conducted a pre-application neighborhood meeting on July 27, 2015 at 2429 Mission Way. The Zoning Commission is recommending approval and adoption of the findings of the 10 criteria.

Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another type of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district.


 

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission ;
• Deny the zone change and adopt different findings of the 10 criteria;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

The Planning Division reviewed the proposed zone change and recommended approval based on the findings of the 10 criteria for zone changes. The Zoning Commission concurred with this recommendation and proposed findings. The subject property is not located at the intersection of arterial streets but is proposed for a mixed use of the existing building for a professional office with living space in the basement area. Shiloh Road in this area carries about 8,400 average daily vehicle trips and the proposed use should not have an impact on the street carrying capacity. There are single family uses to the south and west. The retirement community across Shiloh Road is more than 150 feet separated from this property and there should be no impact from the proposed RP zone. The uses allowed within the RP zoning are compatible with the surrounding zoning and neighborhood character. Any new development on 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.

Prior to making its decision on the proposed zone change, the City Council shall consider the findings of the 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 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 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 already provides 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.
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. 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. There are currently 2 drive approaches installed to the property.
 
7.   Will the new zoning 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 more difficult to sustain for this property.
 
9.   Will the new zoning conserve the value of buildings?
The lot is currently developed with a single family dwelling. Remodeling of the structure for a small professional office and maintaining living space in the basement level will conserve and increase the value of this building and the surrounding home.  
 
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.
 

If the zone change is approved, the city fees based on zoning will increase. The city's tax base will be increased when the existing building is remodeled for the proposed mixed use.

The property requested a zone change along with lots 3, 4, and 5 of Blue Meadow Acreage Tracts in 1988 from R-96 to Neighborhood Commercial (NC). The requested was denied. The City and County have considered 19 zone change applications to change zoning from residential to commercial in this area since 1988. Fifteen of those requests have been approved. Two requests were denied and 2 were withdrawn. The City recently re-zoned Billings Urban Fire Service property on Shiloh Road south of Parkhill Drive from R-70 to RP (2011) and property at 2526 Shiloh Road from R-96 to RP (2014).

The applicant is requesting a zone change on this property to facilitate the remodeling of the existing home to include a professional office space on the ground floor. The agent and one of the owners, Patrick Parker, owns Beartooth Design, and wants to convert the single family dwelling to a live/work building. Mr. Parker could operate his business as a home occupation in the existing structure, but the limitations for home occupations would not accommodate the amount of space he needs for the business.

The surrounding zoning is R-96 and is developed for large lot, single family homes to the south and west. To the north is a property owned by the City Public Works Department acquired for the Shiloh Road and Rimrock Road reconstruction projects. To the east is St John's Lutheran Retirement Community. Shiloh Road was reconstructed to include a 4 to 5 lane arterial street with limited access to adjacent properties. At this location, there is no access to travel north on Shiloh Road. To access the north bound lanes of Shiloh Road, drivers must go south to one of the intersections that allow access to the north or to the roundabout at Grand Avenue. In addition, only south bound traffic may access the subject property. The Shiloh Road and Rimrock Road intersection is a traffic signal controlled intersection. Traffic volume on this section of Shiloh Road is about 12,000 vehicle trips per day at the intersections of Grand and Shiloh, and Rimrock and Shiloh range from 14,000 to 15,000 vehicle trips per day. This volume of traffic in some situations may make maintaining or sustaining a single-family residential use more challenging.

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.

The RP zone requires a maximum building height of 34 feet and a front property line minimum setback of 20 feet. The current structure meets these required minimum regulations for the RP zoning. The RP zoning allows 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 property is large enough to meet these standards. When part of the dwelling is remodeled for the professional office space, off street parking requirements will need to be met including a paved and properly drained parking lot for the use of the customers and the residents in the living space of the dwelling.

The applicant conducted a pre-application neighborhood meeting on July 27, 2015 at the Lillis Chapel at 2429 Mission Way on the east side of Shiloh Road. Four surrounding property owners attended the meeting and asked Mr. Parker about his plans for upgrading the building and the lot. Mr. Parker explained the planned upgrades to the building and the landscaping as well as any future possibilities for additional businesses. The meeting notes and attendance list are included as an attachment. The Planning Division did not receive any comments or concerns from surrounding property owners or city staff.
 

The Zoning Commission conducted a public hearing on November 3, 2015, and received the staff recommendation and testimony from the applicant, Patrick Parker. The Zoning Commission also heard testimony from Frank Kroll of Wildridge Meadows Drive, Paul Goldammer of A & E Architects, and Mark Dawson of Century 21 Real Estate. Mr. Kroll and Mr. Dawson testified neither in favor or in opposition but expressed concern about the nature of Mr. Parker's business and the rental of the lower level for residential use. Mr. Goldammer testified in favor of the application stating he would want Mr. Parker's business as a neighbor. Mr. Goldammer stated his firm has worked with Mr. Parker in the past on several projects and knows Mr. Parker will be a diligent property owner. Mr. Goldammer stated Mr. Parker's landscape design business will have no detriment to the residences in the area.

The Zoning Commission is recommending approval and adoption of the findings of the 10 criteria on a 5 to 0 vote.

The Consistency with Adopted Policies or Plans is discussed in the Alternatives Analyzed section above.