The Zoning Commission recommends approval of Zone Change 1000 and adoption of the findings of the 10 criteria.  

REQUEST
City Zone Change 1000- 436 Wicks Lane- From N2 to NO - A zone change request from Mid Century Neighborhoods (N-2) to Neighborhood Office (NO), on Lot 10, Block 1 of Arrowhead Subdivision, a .288 acre parcel of land. A pre-application neighborhood meeting was held on August 25, 2021, via Zoom virtual meeting. Presented by: Karen Husman, Planner I.

APPLICATION DATA
OWNER: Laighton D. Jones, DMD
AGENT: Scott Aspenlieder, Performance Engineering
LEGAL DESCRIPTION: Lot 10, Block 1 of Arrowhead Subdivision
ADDRESS: 436 Wicks Lane
CURRENT ZONING: N2
EXISTING LAND USE:  Residential
PROPOSED USE: Dental Office expansion
SIZE OF PARCEL: .288 acres

CONCURRENT APPLICATIONS
None

SURROUNDING LAND USE & ZONING
NORTH: Zoning: N2
Land Use: Residential
SOUTH: Zoning: N2
Land Use: Residential
EAST: Zoning: NO
Land Use: Commercial Dental Office
WEST: Zoning: N2
Land Use: Residential

The Planning Division has reviewed this application and is recommending approval based on the attached ten (10) criteria for zone changes. The subject property is adjacent to commercial uses to the east. Uses allowed in the NO zoning are compatible with the surrounding zoning and neighborhood character. Any development or re-development of the property requires compliance with the new zoning and the ability to meet site development requirements and traffic safety standards. The Growth Policy and the Billings Heights Neighborhood Plan encourage predictable land use decisions that are consistent with neighborhood character and land use patterns. The proposed redevelopment and proposed zoning are consistent with this neighborhood and land use pattern.

The proposed zone change will allow an existing dental office located east of the subject property to renovate and expand the business.  The development plan is to extend the existing NO zoning for the Jones Dental Facility directly adjacent to the east so the older residential building and office structure can be demolished and a new larger facility can be built on the existing lots and the subject property.  The proposed change will result in reduction of traffic by eliminating the existing residential house and consolidating the lots for an improved dental facility.  This will improve the quality of the neighborhood by removing an aged deteriorating residential house and constructing a new modern facility.

The pre application neighborhood meeting was conducted via virtual Zoom meeting.  The meeting was hosted by Scott Aspenlieder. There were no attendees, and no other comments were received. 

The Zoning Commission held a public hearing on October 5, 2021. Planning staff gave a brief presentation.  The applicant's agent, Scott Aspenlieder concurred with staff's recommendation. No other testimony was received either in person or by telephone at the meeting.  Commission member Trina White moved to recommend approval and adoption of the findings of the ten criteria for Zone Change 1000.  The motion was seconded by Commission member Dan Brooks and approved by a 3-0 vote.
 

The City Council may:

• Recommend approval of the Zone Change and adopt the findings of the 10 review criteria; or
• Recommend Denial of the Zone Change and adopt the different findings of the 10 review criteria; or 
• Delay action on the zone change for up to 30 days; or,
• Allow the applicant to withdraw the application

Approval or denial of the proposed zone change should have no effect on the Planning Division budget.

Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:

1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
Prosperity (promoting equal opportunity and economic advancement)
· Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers
· A diversity of available jobs can ensure a strong Billings’ economy
· Successful businesses that provide local jobs benefit the community
· Retaining and supporting existing businesses helps sustain a healthy economy

The proposed zoning would allow an existing dental office to upgrade and modernize the practice. The proposed zone aligns with allowed continued light commercial development along a busy arterial.  The NO district allows neighborhood services and the proposed project will bring new construction improving the aesthetic of the neighborhood.

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 NO zoning would allow the owner to ensure future development is not intrusive to neighboring property, and still allow compatible uses with the adjacent zoning.  Removal of an older deteriorating residential structure and an older office building and replacing with a newer more efficient facility will be beneficial for general health and welfare of the district.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:            The proposed zoning will decrease residential traffic, however may increase post-development traffic volume. A traffic impact study (TIS) or an update to an existing TIS may be necessary at the time of development.
Water and Sewer:         The City provides water and sewer to the property. City Utilities Department voiced no concerns.
Schools and Parks:       Schools and parks should not be negatively affected by the proposed zoning.  The proposed development does not include residential uses.
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 dental office expansion will have sidewalks and will connect to other sidewalks and pedestrian facilities in the neighborhood. The new zoning designation itself should not have any increase effect on the transportation system.

7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. Property east of the subject parcels is zoned NO and the dental office proposing the expansion that triggered the request for a zone change on the subject property.

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 expansion of an existing commercial dental office use.

9. Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. It is not known if its proximity to residential property in the area will affect the value of residential buildings.  Any development of the property will need to meet the site development requirements in the zoning code, including landscaping, screening, building heights and setbacks.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the development of the property in a mixed residential area, expanding an existing business is encouraging the most appropriate use of land in the district.  Supporting local business expansion is beneficial to the economic growth for the City of Billings.