This is a zone change request from Public (P) to Residential Professional (RP) on Lots 1 and 2, Block 4, Rocky Village Subdivision, 2nd Filing, a 2 acre parcel of land. A pre-application neighborhood meeting was held at the subject property on July 25, 2016. The Zoning Commission conducted a public hearing on September 6, 2016, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 5 to 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 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.

The Planning Division reviewed the zone change and the 10 criteria for the application and recommended approval to the Zoning Commission. The Zoning Commission concurred. The proposed zoning is in conformance with the recently adopted 2016 Growth Policy for Billings by encouraging and sustaining development within the City limits, providing essential services within neighborhoods, and promoting prosperity through the retention and expansion of a diversity of careers and jobs in the local economy. The proposed zoning will promote the health and general welfare by sustaining an existing professional office building in its current location and gives consideration to the character of the area and the suitability of the property for the existing and proposed uses.

Prior to making a decision on the zone change request 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:

• Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired.

The proposed zoning would allow the existing development to include other professional offices in addition to the current medical and dental offices. This will ensure the building remains occupied and continues to provide essential services to the surrounding neighborhood.

• Strong Neighborhoods: Implementation of the Infill Policy to encourage development of under-utilized properties.

The proposed zoning will allow the building owners to fill unused tenant space by expanding the opportunity for similar and complimentary professional offices.

• Prosperity: Retaining a strong, skilled and diverse workforce and supporting existing business sustains a healthy economy.

The proposed zoning will support existing businesses and retain and diversify career opportunities at this location.
 
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 existing building has 2 vacant units and recruitment of additional medically-related office space users is difficult. The proposed zoning would allow the unit owners to broaden the market to other professions including financial advisors, real estate brokers, engineers, designers and lawyers. Vacant tenant space can depreciate property values and can lead to dis-investment by property owners. A well-maintained business property benefits the surrounding property owners.  
 
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 have little impact on the surrounding transportation systems. Businesses allowed in this zoning district typically operate between 8:00 am and 5:00 pm daily and do not generate more traffic than is usual for the existing development.  

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 be unaffected by the proposed zone change.

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 effect on vehicle and pedestrian traffic. The property is fully developed with adjacent sidewalks and drive approaches. These will not change.
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow a greater variety of professional office spaces and is compatible with the existing urban growth pattern.
 
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.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently developed with a multi-unit office building. The value of this building will be preserved by the proposed zoning of Residential Professional (RP).
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit professional office spaces in an existing building already used for medical office space. The existing and proposed uses in this building at the intersection of 2 arterial streets is the most appropriate use of land.

If the zone change is approved, the fees assessed based on zoning, will change and increase revenue to the City. If the zone change is approved, the marketability of the units will improve and will stabilize the taxable value of the property. If the zone change is not approved, the fees will remain the same and the taxable value of the units may not be stabilized.

This is an application to change the zoning of a developed parcel of land at the intersection of 17th St. West and Rimrock Road from Public to Residential Professional (RP). The property was developed approximately 30 years ago with an office building for dentists. Subsequently, the City approved an expansion to include additional offices for medical practices. The current Public zone does not allow other professional offices such as law practices, real estate, financial services, or other typical 9:00 am to 5:00 pm businesses. The proposed RP zoning will expand the current number of allowed uses to secure the financial viability of the existing office buildings. The proposed RP zoning does not allow any retail establishments.

The surrounding zoning is either Residential 9,600 (R-96) for single family homes or Public for the RMC Campus. At the intersection of Poly Drive and 17th St. West to the south of the subject property, the City has approved zone changes from R-96 to RP and NC to accommodate new development of professional offices including the Morledge Eye Center, a plastic surgeon practice, and law offices. The Poly Conoco on the southwest corner of this intersection is still in a R-96 zone and is considered a legal non-conforming use.

Rimrock Road and 17th St. West are both classified as arterial streets and serve as connectors between residential areas and other parts of the City and County. Rimrock Road carries about 12,000 vehicle trips per day and 17th St. West carries about 7,000 vehicles per day. These approximate numbers are based on a 3-year rolling average. Vehicle trips represent 1 vehicle in either direction of travel during a 24-hour period. Increases in travel on both streets have been steady throughout the last 10 years, increasing about 2% every year. Improvements to Rimrock Road have been made as well as minor improvements to the intersection of 17th St. West.

The property is developed as a unit ownership building and until recently all units have been occupied with medical or dental offices. Two units are currently not occupied. The property owners conducted a pre-application neighborhood meeting on July 25, 2016, at the subject property. No objections to the proposed zone change were raised by the surrounding owners. The Zoning Commission received one letter in support for the zone change from an adjacent property owner.

The Zoning Commission conducted a public hearing on September 6, 2016, and received the staff recommendation and testimony from the applicant, Dr. Michael Larsen, and the agent, David Mitchell. Jared Wood, a patient of Dr. Larsen, testified in favor of the application. No other testimony was received.

On a motion by Board Member Mike Boyett, seconded by Board Member Michael Larsen (no relation to the applicant), the Zoning Commission is forwarding a recommendation of approval and adoption of the findings of the 10 criteria for Zone Change 948, on a 5 to 0 vote.

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