Variance 1254 – 3933 Shiloh Road – Building Height – A variance from 27-309 requiring a maximum building height of 45 feet to allow a maximum building height of 50 feet in a Community Commercial (CC) zone on Tract 1B1 of C/S 2277 in the proposed Shiloh Commons Subdivision, a 9.38 acre parcel of land generally located on the northeast corner of Shiloh Road and Central Avenue. Presented by Nicole Cromwell, Zoning Coordinator

Planning staff recommends conditional approval.

OWNER: Grant Road, LLC
AGENT: Dan Carr
LEGAL DESCRIPTION: Tract 1B1 of C/S 2277 - future subdivision Shiloh Commons
ADDRESS: 3933 Central Avenue
CURRENT ZONING: CC
EXISTING LAND USE: Vacant
PROPOSED USE: 4 mixed use (retail/apartments) building and 1 retail building
SIZE OF PARCEL: 9.38 acres

Preliminary Subdivision Plat for Shiloh Commons approved by the City Council January 2017.

Subject Property: The subject property was granted a zone change from R-96 to CC in April 2002.

Surrounding Property: A 2015 zone change to Planned Development Zoning was approved for the Billings Clinic property (80 acres northwest of subject property) will allow buildings up to 10-stories in the interior of the site. Faith Chapel to the north was granted several special reviews to expand the church over the last 20 years. The last expansion included a building 54 feet in height. Churches and similar institutions are allowed to exceed normal height limits through a special provision in Section 27-310(f). The MSUB Health Sciences building to the east is 52 feet in height. The MSUB property is zoned Public and there are no height limits in this zoning district. Six building height variances in commercial zones have been approved in similar zoning districts for new construction.

NORTH:	Zoning: R-96 and CC Land Use: Faith Chapel and Shiloh Veterinary Clinic
SOUTH:	Zoning: PD-Shiloh Village Land Use: Vacant
EAST:	Zoning: Public Land Use: MSUB - COT campus
WEST:	Zoning: NC & R-150 Land Use: Convenience store and County low-density subdivision

This is a variance request to allow an additional 5 feet in building height for the proposed Shiloh Commons mixed-use development on a 9.38 acre parcel of land on the northeast corner of Central Avenue and Shiloh Road. The current building height limit of 45 feet in the CC zoning does not accommodate mixed uses within single structures. Typically, ground floor retail will require a 12 to 14 foot ceiling height resulting in a building of less than 4 stories. Building height limits in the zoning code have not been updated in 45 years. Building code requirements in contrast have been modified dozens of times to require greater fire and life safety protection, in many cases adding height to commercial buildings to accommodate these new code requirements.

The 2001 West Billings Neighborhood Plan, indicated this intersection as the location of a new Neighborhood Center commercial development. Neighborhood Centers were defined in the Plan as "compact commercial villages" roughly 30 to 40 acres in area (10 to 12 acres on each corner of the intersection). These commercial villages would provide a variety of retail, services and entertainment as well as incorporate higher density residential uses. This vision for "node" development at arterial intersections is just becoming evident in West Billings. The challenge of the West Billings Plan is to not allow commercial strip development similar to what occurred along Grand Avenue, Broadwater Avenue, and Central Avenue from downtown to 24th St West.

Central Avenue and Shiloh Road are both high-volume traffic corridors. Shiloh Road carries about 13,000 vehicles per day at Central Avenue and Central Avenue carries about 6,500 vehicles per day just east of Shiloh Road. Both arterial streets have excess capacity to handle additional traffic at this location. Shiloh Commons will be preparing a Traffic Accessibility Study to determine and mitigate any potential traffic impacts from the development. The proposed development will include 144 apartments and 62,000 square feet of retail/commercial space. The current site plan shows 523 parking spaces, only 128 of those spaces in structured parking.

The 2016 Growth Policy for the City of Billings has a stated policy of encouraging development adjacent to existing city limits and where city infrastructure already existing. The Policy is to ensure "the City will prosper with strong neighborhoods with their own unique character that are clean, safe, and provide a choice of housing and transportation options". In addition, the 2016 Growth Policy adopted 7 themes with growth guidelines. The proposed development and requested variance is supported by these policies and guidelines including the 2011 Infill Policy, and the West Billings Plan.

The Planning staff has reviewed the proposed variance and the 7 criteria for variances and is recommending conditional approval based on those proposed findings. There are no special circumstances with the land itself that would prevent the owner from constructing a building within the 45 foot height limit. The land is level and a uniform shape. Conversely, surrounding properties have buildings of similar height without the benefit of variances and denial of the proposed variance would deprive this owner of rights enjoyed by others in the neighborhood. In addition, the City has approved variances in similar commercial zoning districts for new construction. Granting the variance would not confer a special privilege to this owner that is denied to others in similar situations. Since the development is a mixed use project where uses and residents will be active on site 24 hours/day, Planning staff is recommending several conditions of approval to help mitigate any potential impacts to surrounding property and future users of the property.

 

Planning staff recommends conditional approval and adoption of the findings of the review criteria.