City Zone Change 964 – Council Initiated Text Amendment – Gymnastics Instruction in RP zones – A zone change to Section 27-306 – Commercial and Industrial Uses – to allow Gymnastics Instruction in all Residential Professional (RP) zones. The City Council initiated the amendment on February 26, 2018.

City Council may:

• Approve the zone change; or
• Deny the zone change as recommended by the Zoning Commission; or
• Withdraw the zone change; or
• Delay action on the zone change for up to 30 days.

The amendment to change and increase the allowable uses in RP zones will increase the marketability of existing or new RP zoned property.

On February 26, 2018, Council Member Ewalt proposed a Council Initiative and made a motion to have gymnastics instruction added as an allowable use in Residential Professional (RP) zones. The motion was seconded by Council Member Brewster. The vote carried unanimously.

The initiative was a result of a contentious zone change hearing for property located at 41st St. West and Avenue C. A zone change from RP to Community Commercial (CC) was needed to allow a gymnastics academy to purchase and locate on the property. The zone change was denied by the City Council on January 8, 2018, although some Council members voiced support for the use at this location. The other potential uses in the CC zone were not as compatible with the surrounding neighborhood, including the potential to allow a bar or casino by special review approval.

Affected Areas: Five Ward Maps have been included as attachments. These maps identify all properties zoned RP by City Council Ward and include road type as identified by the Functional Classification Map. Square footages have been included for groups of RP properties that are contiguous. Individual parcel size has not been included.

Traffic Generation: Since there are few resources for trip generation information related to gymnastics facilities, the City of Billings Engineering Division compiled traffic counts at the Billings Gymnastics School located at 2449 Enterprise Avenue.  According to the facilities website, there is 14,000 sq. ft. of facility space. Staff has not verified this number, but given resources available to the City, including Google Earth measurements, it is assumed the 14,000 SF does not include any office space or viewing area.  For calculation purposes, staff assumes it likely accounts only for the gym floor area used for practices.  Staff tabulated the below data assuming floor space of 14,000 sq. ft.

	Daily Traffic		PM Peak Hour (515-615 PM)
	Per 1,000 SF	Total	Per 1,000 SF	Total
Enter	23.6	330	4.6	64
Exit	21.6	303	4.9	69
Total	45.2	633	9.5	133

• Billings Gymnastics School: 45.2 trips/1,000 sq.ft. ** (Provided by City Engineering Division)**(Provided by City Engineering Division, data was collected on April 11, 2018 from 12:00 am to 11:59 pm)

Traffic Counts per ITE Trip Generation Manual of other allowable uses in Residential Professional:

• Day Care Center 5 trips/child; 80 trips/1,000 sq. ft.
• Medical Office: 50 trips/1,000 sq. ft.; 500 trips/acre
• Post Office Community (with mail drop lane) 300 trips/1,000 sq. ft.; 2,000 trips/acre
• Government Office (Civic Center): 30 trips/1,000 sq. ft.
• Elementary School 2.9 trips/student; 39 trips/1,000 sq. ft.; 136 trips/acre

Existing Business/Property Data: The attached document labeled "Sample RP Property Data" provides general characteristics related to 12 properties that are zoned Residential Professional to property size, lot coverage, access type as defined by the Functional Classification Map and business type. Additionally, aerial photography and street view photos have been included to provide context. The 12 properties were selected at random and are intended to be representative of a variety of businesses and building types that can be found in Residential Professional zones throughout the City. Business type ranges from day cares, law firms, to office suites, and insurance professionals. Of the sample properties, about half are accessed from local streets while the other half are accessed from principal arterials as identified by City's Functional Classification Map. The sample properties also suggest that building size is directly related to lot size. One of the largest buildings evaluated is the VA facility which is around 14,000 sq. ft. located on a nearly one acre parcel. Given RP zones allow 50% lot coverage, a gymnastics facility located on a parcel that is one half acre in size would only result in a total allowable building footprint of 10,890 sq. ft. Please see the attached document for information on all 12 sites.

Other Residential Professional Characteristics:

• 299 parcels located within the City Limits are zoned Residential Professional
• The smallest lot size is 564 sq.ft.
• 232 of the 299 properties zoned RP are less than 1/2 acre in size.
• 29 of the 299 properties zoned RP are greater than 1/2 acre in size.
• 34' is the maximum allowable height.
• 50% lot coverage is allowable (Ex. A half acre parcel could have a total lot coverage amount of 10,890 sq. ft.
• Minimum lot area required is 10,000 sq. ft.

The Zoning Commission held a public hearing on April 3, 2018. Chairman Wagner opened the public hearing and the Zoning Commission received testimony both in favor and in opposition of the proposed amendment. Six individuals spoke in favor of the proposed amendment while six individuals spoke in opposition. The public testimony is summarized below.

Darcy Frewin, 3530 Timberline Drive, Billings, MT
(In favor) Ms. Frewin said this text amendment came because of a previous request for a gymnastic facility which was denied.  She asked why discriminate against a gymnastic facility as long as the building fits the design criterion?  She said the sport of gymnastics in Billings is under served, and there are few properties suitable to fit this need. A traffic study prepared for the previous request stated a doctor’s office of like size would cause more traffic than a gymnastics facility.  She contended a dance studio could house more students than the gymnastic studio and the traffic issue is not an appropriate argument.  Bozeman and Kalispell allow gymnastics in the same areas as dentist and law offices. Ms. Frewin stated gymnastics is the fastest growing sport in the country and the model is to bring this sport to the community.  Commissioner Ulvestad asked for further clarification of her recommendation to bring more gymnastics to Billings.  Ms. Frewin stated this sport is a trending nationwide in population.  It is an expensive endeavor by nature of the sport and there are very few properties that allow this use.  She noted that this text amendment will address the use of casinos.
 
Steve Repac, 1533 Clark Avenue, Billings, Montana
(In favor) Mr. Repac said he appreciates City Council’s effort in bringing this text amendment forward to address something that is nonsensical in the zoning code.  He said there is less density of use with a gymnastics studio than martial arts or dance studio.  Mr. Repac stated the public concern was what would happen if the gymnastics studio would fail, and this will be addressed with this amendment.
 
Mike Buhman, 6033 Hazelwood Drive, Billings, Montana
(In favor)  Mr. Buhman said he feels this initiative makes sense.  The Cities of Bozeman and Kalispell include health clubs, mental and health clinics, and daycare facilities.  He said this amendment is similar and a wise choice. 

Rebecca Power, 4417 Pine Cove Road, Billings, Montana
(In favor).  Ms. Power's  owns a business that is located in the area of the previous request.  She commented traffic in general is busy with the new construction and development in the area.  She said she understands the concern but any development will add to existing traffic flows. Ms. Power feels this is a wise amendment.
 
Kim Buhman, 6033 Hazelwood Drive, Billings, Montana
(In favor)  Mr. Buhman expressed her excitement about the possibility and to have a gymnastics facility more accessible.
 
Jeff Muri, 2492 Aspen Way, Billings, Montana
(In favor) Mr. Muri said he would like to reinforce the fact this amendment is about the entire city and there is no difference between this and martial arts or dance studios.
 
Phil Bratton, 4131 Julara, Billings, Montana
(In opposition).  Mr. Bratton commented on a recent Billings Gazette article discussing zoning code revisions for the entire city and the expectation this will be a 2 year process.  He thinks the zoning codes should be reviewed but it is inappropriate to make one-off changes at this time. 
 
Paula Ketenberg, 4143 Avenue D, Billings, Montana
(In opposition) Ms. Ketenberg said dance studios are a similar use and should come out of this zoning classification.  She spoke of her experience with the studio’s high traffic and enrollment creating congestion in the afternoons and evenings.  She voiced concern with safety and said it is typical for teenage drivers to drop off young students on residential streets.  Mr. Ketenburg feels there should be a buffer between professional and residential zones.
 
Phil Cox, 4127 Julaura Lane, Billings, Montana
(In opposition) Mr. Cox lives in the neighborhood adjacent to the parcel previously proposed for a gymnastic facility.  He distributed to the Commissioners a comparison of statistical information on preexisting facilities. He asked for consideration of the parking spaces needed for medical facilities which have less impact. He pointed out for the previous request, there was only one council person interested in having a facility in this neighborhood.  Concerns at the time included the narrow street widths and student drop-offs.  Mr. Cox said he contacted a gymnastics facility who told him the most dangerous place in their facility is their parking lot due to the student drop offs.
 
Mary Lou Marchello, 4246 Avenue D, Billings, Montana
(In opposition) Ms. Marchello commented on the text addition of gymnastics to the code and suggested the true word is “gymnasium”, as that is what will be constructed on the vacant lot—a large building with a training center for a minimum of 400 students. She said the facility could potentially be a preschool while older students are in school. She voiced concern with the narrow street widths compared to the major arterials and asked if the potential for traffic congestion has been studied by the Planning Department?  Ms. Marchello asked the Commissioner to consider the potential impact changing a single word will have on their neighborhood.
 
Mike Shaffer, 1048 Alderson Ave., Billings, Montana
(In opposition) Mr. Shaffer said the use for a dance studios is similar to gymnastics. He said he would not like to have either facility in his neighborhood as it could be a safety concern resulting in a safety incident, and he does not like the proposal to have this use for all RP properties.

 Kathy Shaffer, 1048 Alderson Ave, Billings Montana
(In opposition) Ms. Shaffer commented the traffic is difficult due to a nearby dance studio located on Alderson Avenue.  She stated the dance studio should be taken out of RP zoning and she strongly opposes this text amendment.  She asked the audience to respond with a raise of hands indicating their quality of life will change if this text amendment passes. 

After the hearing concluded Commissioner Mariska asked about the average size of businesses in Residential Professional, (RP), zones.  Staff said this ranges from the professional center located at 17th and Rimrock to the larger RP zone located on 62nd street West east of Falcon Ridge Subdivision.  Commissioner Mariska commented it is obvious there are concerns with the potential size of what could go in RP zones. He said he would like to defer the Commission’s decision for 30-days.  

Commissioner Ulvestad made a motion and it was seconded by Commissioner Boyett to recommend denial of City Zone Change #964 – Council Initiated text amendment – Gymnastics Instruction in RP zones.  Commissioner Mariska stated he doesn't feel the Commission has adequate information and he would like staff to provide what types of businesses are in the RP zones and he stated he does not want to allow something too large for neighborhoods.  He cautioned the Commission of making too quick of a decision.  He suggested a delay for 30 days to get more information. Commissioner Ulvestad concurred and voiced concern with the allowable building size and setting a precedent. The motion failed 2-1.

As a result, Commissioner Mariska made a motion and Commissioner Boyett seconded the motion to delay a decision on City Zone Change #964 to allow staff to bring forward more information on the types of entities, businesses, and buildings allowed in Residential Professional, (RP), zones. The motion was approved by a 2-1 vote and the hearing was continued to May 1, 2018.

A second public hearing was held on May 1, 2018. Members of the public spoke both in favor and in opposition of the proposed text amendment. The Commissioners were also provided with written communications both in favor and in opposition as part of the ex-parte notebook. The public testimony is summarized below.
 
Jeff Muir
(In favor) Reinforcing this is not about one parcel. This type of use is comparable to schools, day cares, dance studios and karate instruction.
 
Mike Buhman, 6033 Hazelwood Drive, Billings, MT
(In favor) It is compatible, is not for one parcel, it is across the city.  Parking and traffic will continue to be brought up. Elementary schools are in neighborhoods and not detrimental. The use will not depress the surrounding neighborhood. Mr Buhman pointed out that many of the opponents to the amendment are around one particular parcel.
 
Kim Buhman, 6033 Hazelwood Drive
(In favor) Addresses the particular parcel that started this amendment.  Ms. Buhman added the building will blend, and traffic will not be any more of an impact than some already allowable uses. 
 
Steve Repac, 1533 Clark
(In favor) 90 percent of the parcels in Billings zoned RP are less than ½ acre in size and larger parcels will be detrimentally affected. These facilities will need to locate on larger parcels to accommodate parking, stormwater, setbacks and needed building size.  Not passing this is discriminatory against the kids and forces this kind of venue to community commercial areas.

Chuck Henricks, EEC
(In favor) Believes this use will only affect the larger parcels zoned RP and the amendment is consistent with the Growth Policy.
 
Darcy Frewin, 3530 Timberline Drive
(In favor) Shows a building that could allow any number of uses in Residential Profession, except gymnastics.  Reiterated that traffic generation is not more than other allowable uses.
 
Beth Conahan, Julara Lane
(In opposition) Wishes to clarify the opposition was not against gymnastics but against the proposed zoning of Community Commercial.
Ms. Conahan stated Mr. Repac and Mr. Muri have financial interest in Avenue C property. She had questions regarding the staff information presented to trip generation. She asked what time was traffic study done?  What are peak hours of Billings Gymnastic School?  How many RP zoned properties are vacant and can accommodate a gymnastics facility?  Insists that martial arts and gymnastics are very different and require different space.
 
Mike Heffner, 1780 Shiloh Road
(In opposition) More traffic will be generated if the facility holds competitions.  There are also Covenants and Restrictions that have not been addressed that would prevent plans at the Avenue C property. He would like to see businesses that have typical business hours that are not open beyond 5 pm.
 
Phil Bratton, 4131 Jalaura
(In opposition) The traffic will peak from 3-7 pm which are already congested times on Shiloh and Grand. Believes this is a "one-off" change to accommodate one property.
 
Phil Cox, 4127 Julara Lane
Also believes that this amendment is to accommodate one property. Believes if the Avenue C property is developed there will be parking challenges.
 
Matt Owen, 4115 Julara Lane
(In opposition) Does not feel the streets can handle the traffic even based on the traffic study. Believes recreational uses are too wide-open for these zoned areas.
 
Theresa Goodman, 4126 41st Street West
(In opposition) Ms. Goodman elaborated on the existing covenants and restrictions which say the maximum height of 30 feet and also address building materials.  She stated plans need to be submitted to their Architectural Review Committee. Feels there will be a negative impact. 

The public hearing was closed. Prior to Commission Boyett providing a motion of denial, Commissioner Larson stated he felt like this Council Driven initiative was occurring because of one request and the issue felt political in nature. He added the City is currently in the process of evaluating, in a systematic way, appropriate amendments to the zoning code and the timing of such an initiative disregards the Project Re:Code efforts already underway.

Staff recommend approval of ZC 964 based on the applicable 10 criteria as provided in BMCC 27-1502. The Zoning Commission recommends denial on a 4-0 vote based on concerns related to traffic impacts and concerns that the use does not meet the intent of the Residential Professional Zone. While the Zoning Commission did not cite specific criteria, their discussion is most closely related to criteria 4, 6, 8 and 10.

Prior to making a recommendation to the City Council, the Zoning Commission shall consider the following:
 
1.   Is the new zoning designed in accordance with the Growth Policy?
 
The proposed amendment is consistent with 2016 Growth 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 areas of the city that have a mix of uses to better serve neighborhoods. The proposed zoning amendment would create recreation opportunities in areas of town where other similar uses are currently allowable.

2.   Is the new zoning designed to secure from fire and other dangers?
 
Not Applicable
 
3.   Whether the new zoning will promote public health, public safety and general welfare?
 
Public health and safety will be promoted through the text amendment.  
 
4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
 
Transportation: The proposed zoning may have some measurable effect on transportation. Residential professional zones are located on a variety of street types. Properties served by local streets will likely have the biggest impact. In some locations, additional traffic analysis may be required at the time of site development.
 
Zoning Commission Discussion: While staff has provided traffic count information at the existing Billings facility, the proposed zoning may have unknown impacts on the transportation network.

Water and Sewer: This text amendment affects properties within the City of Billings which are served by city water and sewer.  

Schools and Parks: Schools should not be affected by the proposed zoning.

Fire and Police: RP zones within the City of Billings will be served by City Fire and Police Departments.
 
5.   Will the new zoning provide adequate light and air?
 
Not Applicable
 
6.   Will the new zoning effect motorized and non-motorized transportation?
 
A gymnastics facility may have some effect on the motorized and non-motorized transportation network. However, the addition of these types of facilities to Residential Professional zones should not impact the transportation network differently that other similar intensity uses such as elementary and secondary schools, daycare facilities, government administration buildings, and health services.

Zoning Commission Discussion: While staff has provided traffic count information at the existing Billings facility, the proposed zoning may have unknown impacts on the transportation network.
 
7.   Will the new zoning will promote compatible urban growth?
 
The zoning amendment promotes compatible urban growth in the areas of the City that are zoned Residential Professional. The intended use is not an intrusion to the areas zoned Residential Professional as similar uses are currently allowable.
 
8.   Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
  
The zoning amendment considers the character of the Residential Professional district and the suitability of the property for the proposed use. RP zones currently allow similar and even more intense uses than a gymnastics facility. Property size, access and other elements particular to a site may affect whether the use is able to be developed on some RP zoned property and the design of the property for such a use.
 
Zoning Commission Discussion: By definition gymnastics is not a consistent use with the definition of Residential Professional. The RP zone is more appropriate for businesses with traditional office hours (8-5).  

*Staff note: RP is defined as “a zone intended to accommodate limited commercial and professional offices as would be compatible with adjoining residential districts and consistent with the objectives of the comprehensive plan.”
 
9.   Will the new zoning conserve the value of buildings?
 
Not applicable
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
  
The  proposed zoning may encourage the most appropriate use of some RP zoned land in Billings.
 
Zoning Commission Discussion: By definition gymnastics is not a consistent use with the definition of Residential Professional. The RP zone is more appropriate for businesses with traditional office hours (8-5).  

*Staff note: RP is defined as “a zone intended to accommodate limited commercial and professional offices as would be compatible with adjoining residential districts and consistent with the objectives of the comprehensive plan.”