This ia a zone change request from Residential Professional (RP) to Community Commercial (CC) on Lot 4A, Block 2, Goodman Subdivision, 4th Filing, Amended, a 1.54-acre parcel of land. A pre-application neighborhood meeting was held on October 30, 2017, at TenderNest Offices at 4040 Parkhill Drive.

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 types 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.

APPLICANT DATA
OWNER: Randy Swenson
AGENT: EEC Inc.

The Planning staff reviewed the requested zone change and recommended approval based on the proposed findings of the 10 criteria. The Zoning Commission did not agree with Staff's recommendations based on criteria 1, 8 and 10. The Zoning Commission recommended denial of the zone change request with a 4-0 vote.The findings of both staff and the Zoning Commission have been included below.

Prior to making a decision on the requested zone change, the City Council shall consider the following findings and criteria:
1.   Is the new zoning designed in accordance with the Growth Policy?
 
The Zoning Commission found the proposed zone change did not conform to the Growth Policy. The Commission did not provide any further details on its finding for this criteria.
 
(Staff found the proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
The proposed zoning of CC is to facilitate the development of a gymnastics facility on the property. The current zoning regulations require CC zoning or more intense zones to allow this use. Under the current zoning,  dance studios and schools are allowed, but not gymnastics facilities. The Planning staff cannot base its finding on an intended use but all of the potential allowed uses within the district. The CC zone does allow for more intense uses such as restaurants, bars & casinos (by special review), auto sales, large retail or service providers. Development of this parcel is supported by the City’s infill policy.
 
Essential Investments, Strong Neighborhoods and Community Fabric: Neighborhoods that are safe and attractive and provide essential services are much desired.

• The proposed zoning would allow neighborhood services in this mixed use area. The proposed gymnastics facility encourages a community where recreation opportunities are availability The adjacent residential uses will require the developer to follow the “Neighborhood Manners” section of the zoning regulations to ensure the adjacent neighborhood does not experience long term disruption of their property.

Prosperity: Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers.

• The proposed zoning and intended use help to equalize the taxes and assessments for services by developing a land use with little demand for city services.)

 
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 proposed zoning allows a wide variety of commercial uses. A fitness and training facility as currently proposed will fit in with the neighborhood and provide a neighborhood service not currently provided in this area. Other uses such as bars & casinos by special review approval, automobile sales and service may not be appropriate at this location.  
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
 
Transportation:            The proposed zoning may have some measurable effect on transportation. However, Avenue C which provides local access is served by Shiloh Road which is a principal arterial.
Water and Sewer:       The property was previously annexed into the City Limits and will be served by municipal water and sewer.  
Schools and Parks:     Schools should not be affected by the proposed zoning.
Fire and Police:          The subject property is 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 and development are expected to have some effect on vehicle and pedestrian traffic in the area. If the property were developed under the existing zoning, it could also have a significant impact on the surrounding street networks depending on the uses which are allowed in RP zoning. A commercial office development in RP zoning could generate similar traffic as the proposed zoning and intended use. It is likely that to some extent, the use might have more influence on traffic than just the zoning.
 
7.   Will the new zoning will promote compatible urban growth?
 
The new zoning does promote compatible urban growth in this area. The intended use is not an intrusion to the area. There are a variety of commercial facilities located on adjacent properties.
 
8.   Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
 
The Zoning Commission found the proposed zone change did not consider the character of the district as the area is primarily residential with medical facilities.
 
(Staff found the proposed zoning does consider the character of the district and the suitability of the property for the proposed use. The property is adjacent to both multifamily housing and commercial uses. This particular use does not intrude on the existing character of the neighborhood.)
 
9.   Will the new zoning conserve the value of buildings?
 
The property is currently undeveloped. Approval of the zone change would encourage infill development on a city parcel has historically remained vacant and unimproved.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
 
The Zoning Commission found the proposed gymnastics facility was not the most appropriate use of land as the adjacent property is residential and the existing RP zoning acts as a buffer between the existing Community Commercial to the east.
 
(Staff found the proposed zoning may encourage the most appropriate use of this land in Billings. This specific location and use is appropriate.)
 

Until the lot is developed, City fees for storm water, arterial construction and street maintenance will be based on the vacant rate of assessment. After development, taxes and fees will be based on the developed valuation.

This is an application to change the zoning on this parcel to allow the development of a gymnastics facility. The Community Commercial zoning designation allows the proposed use by right. The current zoning, RP, does not allow this use. The area is a mixture of medium density residential uses adjacent to lower intensity commercial zones and land uses.

Zoning to the north is R-70 and has developed as multi-family townhomes. There are vacant commercial properties on the north side of Avenue C already zoned CC. Property along the west side of 41st Street West is zoned RMF-R and new apartments are under construction. Uses to the east and south include medical offices, a convenience store, a bank, a plant nursery, Wendy’s restaurant, and LP Anderson Tire.  Uses allowed within the CC zone include multi-family residences, large and small retail stores, business services, bars & casinos (special review required), restaurants, auto sales and service, as well as many other intense commercial uses. The applicant's intent is to build a gymnastics facility, but a zone change cannot be limited to a proposed use. All uses within the proposed zoning district may be allowed and must be considered.

The Planning staff reviewed the application and recommended approval based on the findings of the 10 review criteria. Staff found the proposed zoning and use of the property is compatible with the adjacent and surrounding land uses. The 2016 Growth Policy supports the proposed zoning and use in this area of mixed uses and zoning. The area has a range of zoning districts from RMF-R and R-7000 to RP and CC. There is also a wide variety of uses from medical offices, to banking facilities to fast food and other service providers.

The Zoning Commission held a public hearing on December 5, 2017, and received the staff report and recommendation. Additional testimony in opposition was received from Phil Bratton, Phil Cox, and Tom Emerling, all residents in the Silverleaf Townhomes which are located to the north and west.

SUMMARY OF PUBLIC TESTIMONY
Phil Bratton of 4131 Julaura Lane stated his primary concern is what the outside of the building will look like.  He is also very concerned about the traffic. The Billings Gymnastic facility (in southwest Billings) has a lot of traffic, as many as 50 students per hour, according to Mr. Bratton.  The volume of traffic will vastly increase on Grand and Avenue C with a gymnastics facility in this area. 
 
Phil Cox of 4127 Jalaura Lane stated there is an 88 unit apartment complex just across from this proposed facility. He asked if there has been any traffic studies done on existing gymnastic facilities.  It is likely that the apartment developer had to do a traffic impact analysis and provide it to the Engineering Division.  Traffic engineering could be asked for information in the area.  He asks what can be done to influence a traffic study?  

Tom Emerling of 4132 Jalaura Lane said he is a neighbor to the previous speakers and has been a commercial real estate broker for the past 38 years.  He agrees with the previous comments and does not believe Community Commercial on a residential street is good land use.  He also believes the posting sign was just recently put up.  He has not seen “teenage nuisance” problems in the 11 years he has lived there.

ZONING COMMISSION MOTION & DISCUSSION
Commissioner Ulvestad made a motion to deny, stating there was no traffic study done. Staff advised that Zone Changes do not require a traffic study and although that information may be helpful, it is not a required document to be submitted with the application.  This language is not recommended as a part of the motion, but rather criteria should be considered as it relates to the earlier stated traffic and pedestrian concerns. Commissioner Boyett amended the motion, stating that the recommendation to deny be based on findings #1, #8 and #10.  Commissioner Larson stated Residential Professional is to create a buffer.  The types of businesses that have occupied this area fit the definition. There are medical and dental offices. Commissioner Ulvestad withdrew his motion. 

Commissioner Boyett then made a motion to deny the application based on criteria #1, #8 and #10.  Commissioner Ulvestad seconded the motion. It passed on a 4-0 vote.

Due to a misunderstanding of the scheduled time of the public hearing, the applicant's agent was not in attendance to answer questions at the meeting.  The applicant has submitted supplemental information addressing the public testimony and Zoning Commission discussion. The information is attached to this report and titled "Supplemental Applicant Information." It includes a written response to the criteria, proposed elevations of the building, a reciprocal parking agreement and traffic assessment information.
 

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