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. The Zoning Commission conducted a public hearing on April 3, 2018. The Commissioners requested more information and continued the hearing to May 1, 2018. The Zoning Commission forwarded a recommendation of denial based on the findings of the 10 criteria on a 4-0 vote. The City Council approved the zone change ordinance on 1st reading on May 29, 2018 on a 6-5 vote and adopted the staff findings of the 10 criteria.  A 2nd reading is required to pass the zone change.

City Council may:

• Approve the ordinance changes and adopt the findings of the 10 criteria as recommended by City Staff;
• Deny the ordinance change and adopt different findings of the 10 criteria as recommended by the Zoning Commission;
• Delay action on the zone change request for up to 30 days.

Staff recommended approval of ZC 964 based on the applicable 10 criteria as provided in BMCC 27-1502. The Zoning Commission recommended 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, its discussion was 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.”

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

The City Council approved the first reading of the text amendment on a 6-5 vote at its May 29 meeting.
The Zoning Commission forwarded to the City Council a recommendation of denial of the proposed text amendment on a 4-0 vote.