This is a zone change request from Residential 7,000 (R-70) to Neighborhood Commercial (NC) on the east ½ of Lot 2 and Lot 3, Block 5
of Amended Block 2, Valley View Acres Subdivision, a 14,400 square foot parcel of land. A pre-application neighborhood meeting was held at the subject property on October 12, 2016. The Zoning Commission conducted a public hearing on December 6, 2016, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 5-0 vote.

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 application and recommended approval to the Zoning Commission based on the proposed findings of the 10 criteria. The Zoning Commission concurred with the recommendation.

The proposed zoning will allow the current business to remain at an established location and expand the business without complication of mis-matched zoning for the parcel. The 2016 Growth Policy guidelines support the proposed zoning by retaining existing businesses and allowing for necessary expansions. Any new development for off-street parking or new buildings will have to meet the compatibility regulations within the zoning code including screening, lighting restrictions and landscaping.

Prior to making a decision on the requested zone change, the City Council shall consider the following:
1.   Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:

• Prosperity: Retaining and supporting existing businesses helps sustain a healthy economy.

The proposed zoning would allow the business owner to provide additional off-street parking at their established business location. The current zoning does not allow expansion of the existing parking without a special review approval. A zone change would allow the property owner certainty for current and future business expansion on the parcel
 
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.
 
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 current split zoning of the parcel does not provide certainty for development standards and the existing off-street parking is inadequate. On-street parking violations do occur on this block of Lampman Drive with a negative effect on public health and safety. The proposed zoning will allow the development of additional off-street parking to reduce the incidence of on-street parking violations.  
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will improve the safety of this intersection by reducing on-street parking.
Water and Sewer: The City provides water and sewer to the property. Any new development for parking will be required to provide storm water management. There will be no additional impacts to the system from the proposed zoning.   
Schools and Parks: Schools and parks should not be affected by the proposed zoning.  
Fire and Police: The subject property will be served by city public safety services. The Police and Fire Departments had no concerns with the zone change.
 
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?
The new zoning will have a beneficial impact on vehicle and pedestrian traffic by reducing the on-street parking congestion.
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to continue at this location and the use is compatible with the existing neighborhood.
 
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. The proposed zoning is identical to the zoning north of the subject property and is an appropriate zone with the adjacent residential neighborhood to the east.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently developed with a veterinary hospital, a small parking area and a dog exercise yard. The dog exercise yard is currently zoned R-70 and the hospital and parking lot is zoned NC. The value of existing buildings and the parcel will be improved and conserved by the proposed zoning and development.  
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow a dual-zoned parcel to be a single zoning. This is the most appropriate use of the land at this location.

If the proposed zoning is approved, the applicant may proceed with development of a portion of the lot for new off-street parking spaces. The new zoning will increase city fees paid based on the new zoning of the property. The new zoning will stabilize the future marketability of the property and will stabilize the tax base for this property.

The property owners are requesting a zone change to facilitate the development of additional off-street parking for the Caring Hands Veterinary Clinic located at this busy intersection of S 24th St West and Lampman Drive. On-street parking is becoming scarce and the veterinary business is finding it difficult to provide safe off-street parking for its customers. A special review could be submitted to allow development of additional off-street parking in the area still zoned R-70, but the applicants preferred the zone change application. The owners do not intend to change the primary use of the property for the veterinary clinic, but a zone change could assist in any future marketing of the property for lease or sale.

A zone change from R-70 to Community Commercial (CC) was denied by the City Council in October 1980. Subsequently, a zone change for Lot 1 and the west 1/2 of Lot 2 from R-70 to NC was approved in February 1994. In 1995, the City Council granted a special review to allow the veterinary clinic to locate in the existing building. In the surrounding subdivisions, 56 zone changes have been processed since 1972. Thirty-seven of these applications were approved, 14 were denied, and 5 were withdrawn. Most of the denied applications were re-submitted and approved at a later date after applicants had met with surrounding owners concerning proposed development plans.

Surrounding property to the north is zoned NC and is developed for multi-tenant retail business. Property to the south also has split zoning of R-70 and NC. This property at 585 S 24th St West is developed with a men's apparel store. Property west across S 24th St West is zoned CC and is developed with Golden Corral restaurant, an office building, and Barnes & Noble book store. Property east of the subject property is zoned R-70 and is a well developed single-family and two-family neighborhood.

South 24th St West is a principal arterial street and the intersection of Lampman Drive is a signalized intersection. Lampman Drive is a local street but the traffic into adjacent businesses necessitated the installation of a traffic signal. South 24th St West is a full 5-lane street with curb sidewalk on the east side and boulevard sidewalk on the west side. Traffic volume on S 24th St West at this location averages over 26,000 vehicle trips per day. Additional off-street parking on the subject property will assist traffic control at the adjacent intersection by reducing the number of occupied on-street parking spaces and reduce the chances of parking violations in the area.

The Zoning Commission conducted a public hearing on December 6, 2016, and received the staff recommendation and testimony from Steve Kuehn, the property owner. No other testimony was received. Mr. Kuehn explained the need to provide at least a few additional off-street parking spaces for their customers at Caring Hands Veterinary Clinic. He stated this business has no plans to expand their building at this time and all City Codes would be followed for the additional parking area.

Commission member Dennis Ulvestad moved to recommend approval and adoption of the findings of the 10 criteria. The motion was seconded by Commission member Mike Boyett. The motion was approved by a unanimous vote.

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

The Zoning Commission recommends approval and adoption of the findings of the 10 criteria for Zone Change 951 on a 5-0 vote.