This is a zone change request from Residential 9,600 (R-96) to Residential Professional (RP) on Lot 4A2 of Blue Meadow Acreage Tracts, a 1.06 acre parcel of land. The applicant, Gene Culver of Kincaid Land, LLC, and his agent, Sanderson Stewart, conducted a pre-application neighborhood meeting on November 16, 2015, at the King of Glory Church at 4125 Grand Avenue. 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 professional office for the current owner, Kincaid Land, LLC, in an existing structure. 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 North Shiloh Corridor Overlay District requirements would also apply to any new or significant changes to the property. 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 any new structures.    

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. Section 27-612(e) of the zoning regulations requires mitigation of any potential incompatible activities between commercial uses and residential uses. 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 requirements?
Transportation: The proposed zoning should have a minimal impact on the surrounding streets.

Water and Sewer: The City 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 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 sustainable 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 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 use.

The applicant is requesting a zone change on this property to facilitate the remodeling of the existing home to include a professional office space for the owner, Kincaid Land, LLC. The owner wishes to convert a portion of the existing split level home for use as office space. Mr. Gene Culver, principle owner of Kincaid Land, LLC, could operate his business as a home occupation in the existing structure, but the limitations for home occupations would require Mr. Culver to reside at this location as well as restrictions on employees and signage that make a home occupation impractical for the owner.

The surrounding zoning is R-96 to the south, east, and west. The property to the north is zoned RP and is currently vacant. The owner to the north intends to develop a new 2-unit professional office space. The zone change to RP for this northern lot was approved by the City Council in 2014. Lots east across Shiloh Road are developed for the St. John's Lutheran Retirement Community and include care cottages, a chapel, a hospice unit as well as a nursing home. Property to the south across the High Ditch is developed for single family homes. These lots were created and developed in the 1970s outside the city limits.

These parcels were annexed in 1985 for access to city services. West of the subject property is a newly developing townhome project with single family dwellings. 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 and 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 and 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 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 10,000 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 November 16, 2015, at the King of Glory Church at 4125 Grand Avenue. Six surrounding property owners attended the meeting and asked questions regarding other properties that might be zoned RP in the future on Shiloh Road, height restrictions, use limitations and spot zoning. 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 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 Zoning Commission conducted a public hearing on January 5, 2016, and received the staff recommendation and testimony from the applicant, Gene Culver, and his agent, Sanderson Stewart. The Zoning Commission received no other testimony. 

The Zoning Commission is recommending approval and adoption of the findings of the 10 criteria on a 4 to 0 vote.

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