A zone change request from Residential-7000 (R-70) to Residential Professional (RP), on Lot 2B – 3B, Amended Lot 1, VFW Subdivision, a 17,899 square foot parcel of land. A pre-application neighborhood meeting was held on September 14, 2019, at 1004 Lewis Avenue. Tax ID: A21244A

Zone Change applications are reviewed using statutory criteria (MCA, 76-2-304 and BMCC, 27-1502.d) 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 (MCA, 76-2-302 and BMCC, 27-301).

APPLICATION DATA
OWNER: KPCS, LLC
AGENT: Patti Stanfill
LEGAL DESCRIPTION: VFW SUBD, S05, T01 S, R26 E, BLOCK 1, Lot 2B - 3B, AMND LOT 1 (09)
ADDRESS: 1004 Lewis Ave.
CURRENT ZONING: R-7000
EXISTING LAND USE: Single Family Dwelling (vacant for many years)
PROPOSED USE: Office building
SIZE OF PARCEL: 17,899 square feet

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria.
• 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.

Prior to making a decision on the proposed zone change, the City Council shall consider the findings of the 10 review criteria.
 
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:

• Essential Investments: Infill development and development near existing City infrastructure may be the most cost effective.  Neighborhoods that are safe and attractive and provide essential services are much desired;

The property is an under-developed large single family lot in the central part of Billings. It is situated at the intersection of a collector street (Lewis Avenue) and a local street (10th St. W). The property is almost one-half acre in area and is missing a sidewalk along the east property. The single family dwelling, built in 1905, has lacked in updates and maintenance and is now more of a liability than an asset to the property. The proposed zoning requires any new development to install landscaping with a preference for it to be along the street frontage. New buildings, sidewalks, landscaping and fencing would make this area of Billings more visually appealing to residents and visitors, and will serve as a buffer from the neighboring residential properties to the west. Infill development is the most cost effective since there is already infrastructure in place. Providing basic services near residential development is much desired and convenient to the local residential community.
 
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 property has an existing structure, a single family dwelling built in 1905, that would be removed and the property can be utilized for commercial office space or other low impact commercial uses.  Removing an uninhabited structure and developing the parcel will clean up the parcel and require landscaping and sidewalks that do not currently exist.
 
4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will not have any negative effect on the existing transportation system. Lewis Avenue is a collector street that can handle any additional traffic that may be generated. 
Water and Sewer: The City provides water and sewer to the property. 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 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 will have no negative effect on the transportation systems. The single family residence, when occupied, would generate between 10 and 13 vehicle trips per day. A commercial office space would generate between 15 and 30 trips per day to this location depending on the type of services it provides. Lewis Avenue current handles over 5,000 vehicle trips per day at this location and this minor increase in traffic volume can be absorbed.
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to re-develop into a neighborhood service area with needed local services that are 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 will allow the re-development of the land as a commercial use and improve the area with a new building.
 
9.   Will the new zoning conserve the value of buildings?
Approval of the zone change will conserve and possibly increase the value of the property by allowing redevelopment of the property.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow re-development of the land to a new commercial use.   The adjacent land uses to the east and south make the proposed use the most appropriate use of land at this intersection.

Approval of this application will have no direct financial impact on the Planning Division budget.

This is an application to change from Residential 7000 (R-70) to Residential Professional (RP) to build a new office building. A pre-application neighborhood meeting was held September 14, 2019, at 2:00 p.m., on the property to discuss the proposed zone change. The applicants agent submitted meeting notes indicating the surrounding owners were supportive of the zone change to allow a new office space on the property.  The Planning staff reviewed the application and recommended approval based on the findings of the 10 review criteria. 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 Zoning Commission held a public hearing and reviewed the application and is recommending approval based on the findings of the 10 review criteria. The proposed zoning and use of the property is compatible with the adjacent and surrounding land uses. The 2016 Growth Policy support the proposed zoning and use in this area of mixed uses and zoning. This is an example of a good infill project for this area.

A protest petition with 22 signatures was submitted at the Zoning Commission meeting by Linda Walters, a property owner at 1037 Lewis Avenue. While the petition is attached as part of the public record, staff has reviewed the petition and determined that it does not constitute a valid protest as per BMCC, Section 27-1502 (e) and MCA 76-2-305(2) since the petition did not include 25% or more of the property owners located within 150' of the proposed zone change.


 

The Zoning Commission held a public hearing on November 5, 2019, and received the Staff recommendation, as well as testimony from the  agent.  Karen Husman, Planner I, gave a brief presentation and explained the intent of the request was for a new office at that intersection.  Patti Stanfill, agent, explained the reason for the application is to allow an office space for a growing accountant office. She said they have outgrown their current location at 1437 Wyoming Avenue, and the cost to purchase and renovate a building would be more than purchasing a property and building to suit their needs.  She had spoken to 15 residents that were in favor of the zone change. Tony Newman, contractor for the applicant, said they were designing the building to fit into a partially residential neighborhood, including buffering, exterior design, height, location of the structure on the lot, and lighting.

There was one property owner in attendance, Linda Walters, 1037 Lewis Avenue, who was opposed to the zone change.  She explained that she had a petition signed by 22 residents that were opposed to the application. They all would prefer it stays as a residential zoned lot.  They felt that the office use would increase traffic on Lewis Avenue, and with the proposed 22 parking spaces on the site plan it indicates more than a few vehicle trips to and from the property.  

Patti Stanfill provided rebuttal, stating that 14 of the parking spaced provided were for staff.  She explained they are an appointment only office, and their hours of operation are from 8 am to 5 pm Monday through Friday, and during tax season they may have appointments that may go until 7 pm.  She also explained that the neighbors would be allowed to utilize the off street parking when the office was closed evenings and weekends.

After taking public comment, the Zoning Commission briefly discussed the hours of operation and the appropriateness of the business for the location.  Zoning Commissioner Mike Larson made a motion to forward a recommendation of approval to the City Council, it was seconded by Dennis Ulvestad, and passed by a 5-0 voice vote.

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