This is a zone change request from Residential 7,000 (R-70) to Residential Professional (RP) on two parcels of land described as Lot 1A and Lot 1B of Rush Acreage Tracts Subdivision located at 1910 and 1918 Shiloh Road. The total area of both parcels is 54,153 square feet. One of the parcels, 1918 Shiloh Road, has an existing single family dwelling that is rented. The property is owned by the Billings Urban Fire Service Area (BUFSA) an agency of Yellowstone County. The owner is represented by Dan Schwarz, Chief Deputy County Attorney. The owner conducted a pre-application neighborhood meeting on December 6, 2010, at the Shiloh United Methodist Church at 1810 Shiloh Road. The pre-application meeting notes are included as Attachment C. The Zoning Commission held a public hearing on February 1, 2011, and is forwarding a recommendation of approval on a 3-0 vote.

State law at MCA 76-2-304 requires that all zone changes be reviewed in accordance with 12
criteria. Using the 12 criteria to determine the appropriateness of the zone change request, the
City Council may:
1. Approve the zone change request
2. Deny the zone change request
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

If approved, the zone change will ensure the long-term taxable value of the property and support the city tax base in this area.

The applicant is requesting to rezone this property on the west side of Shiloh north of Grand Avenue and south of Parkhill Drive. The property is owned by the Billings Urban Fire Service Area (BUFSA) and at one time was considered for a fire station in West Billings. A location study conducted in 2003 determined this property was not ideally located for another fire station. Subsequently, a new fire station was built at 54th Street West just north of Grand Avenue. This property may be considered surplus and a recent review by an appraiser for the County determined the property value would be enhanced if the zoning was changed from R-70 to a commercial or professional district. The County conducted a pre-application neighborhood meeting and submitted a request to change the zoning to RP as a result of the neighborhood meeting, and recommendation of its appraiser. Residential Professional zoning would allow all types of office use as well as medical services, banking and general community services such as day care and assisted living. Retail uses and restaurants are not allowed in RP zoning districts.

Shiloh Road has been re-constructed as a 4-lane principal arterial street and at this location has a median barrier that prevents north bound traffic from turning left into the property and traffic exiting the lots may only turn south. The traffic round-about at Grand Avenue and Shiloh allows all traffic to make changes in direction without turning across traffic. In 2010, during Shiloh Road construction, the average daily traffic was approximately 9,500 trips per day. It is anticipated traffic counts in 2011 will increase to reflect the completed construction and opening of 4 lanes of traffic. The new zoning will increase traffic on Shiloh Road when the property is developed for commercial uses. Any re-development of the property for commercial uses will likely result in a new configuration of accesses points to Shiloh Road and a traffic impact analysis to ensure future traffic does not impair the functioning of the traffic flow on Shiloh Road. The subdivision of these lots in 2002 set two access points for the lots; 1 is a 40-foot wide shared access that straddles the lot line between Tract 1A and 1B, and the second access is on the south end of Lot 1B. A traffic analysis will determine whether one or both of these access points may be used for future development.

The RP zoning will require site improvements for new commercial development that are not required by the R-70 zoning. The RP zone does require the same setbacks, building heights and lot coverage as R-70 zoning, however landscaping and buffering between any commercial use and adjacent non-commercial uses will be required. The Shiloh Corridor overlay district does not affect the allowed uses in the RP but will require additional site design for parking, landscaping, buildings and signs. The RP zone allows single family residences but not 2-family or multi-family uses.

The applicant conducted a pre-application neighborhood meeting on December 6, 2010. Surrounding property owners attended the meeting. There were concerns about uses in the new RP zone adjacent to the residential zoning to the north, west and south. No surrounding property owners contacted the Planning Division staff prior to the Zoning Commission public hearing.

The West Billings Neighborhood Plan (2001) states a goal and policy of preventing “strip” development of arterial streets in West Billings. The plan also encourages higher density residential uses and professional offices along arterials between intersections with other arterial streets. Intense commercial uses and neighborhood commercial services should be restricted to the immediate area of arterial street intersections and other land uses between those “nodes” of commercial uses should be planned for higher density residential dwellings or office space. The proposed RP zoning fits with the West Billings Neighborhood Plan. Potential uses in the RP zone are generally compatible with residential uses. In this instance, assisted living is planned for parcels to the north and west and assisted living apartments exist east across Shiloh Road (Highgate House). The property to the south is the location of the Shiloh United Methodist Church. The church is situated to the south and west of the subject property and should not be affected by any new development for offices or service businesses.

The proposed RP zone is compatible with the surrounding zoning and land uses. The lots directly north are developed for single family residences but have been approved for redevelopment as assisted living (Special Review #885). The current zoning of R-70 is not compatible with the West Billings Plan policy of higher density residential uses or professional uses along arterial corridors.

The Planning Division reviewed the application and recommended approval based on the attached twelve (12) criteria for zone changes. The subject property is adjacent to assisted living uses (approved and existing) and no changes in the character of the property are predicted in the near future. The uses allowed within the proposed RP zoning are compatible with the surrounding zoning and neighborhood character. Any re-development of the property requires compliance with the new zoning, the Shiloh Corridor Overlay District and traffic safety standards. The 2008 Growth Policy encourages predictable land use decisions that are consistent with neighborhood character and land use patterns. The existing use and proposed zoning are consistent with this neighborhood and land use pattern.

The Zoning Commission conducted a public hearing on February 1, 2011, and heard testimony from the applicant. The Zoning Commission concurred with the Planning staff recommendation.

The Zoning Commission conducted a public hearing on February 1, 2001, and received testimony in support of the zone change from Daniel L. Schwarz, Chief Deputy County Attorney and County Commissioner Bill Kennedy. There was no testimony in opposition to the zone change.

Prior to any action to approve or disapprove, the City Council will consider the recommendation
of the Zoning Commission and 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 goals of the Growth Policy:
• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6)
The proposed zoning would permit the existing residential use to continue and would allow the property to be developed for office space or community service businesses with increased site design standards dictated by the Shiloh Corridor Overlay District. Surrounding land uses are compatible with the proposed zoning.
• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6)
The proposed zoning will permit office space or service businesses along the west side of Shiloh Road, which will provide more business choices within the surrounding neighborhood.
• Coordinated economic development efforts that target business recruitment, retention, and expansion.(Economic Development Goal, page 6)
The proposed zoning will encourage new businesses along the west side of Shiloh Road and allow a transition to residential development to the north and west.

2. Is the new zoning designed to lessen congestion in the streets?
There should be no immediate effect on traffic congestion. The existing dwelling likely generates between 10 and 15 vehicle trips per day and the owner is not proposing any change in the near future. Any future development for commercial purposes will require a traffic impact analysis. The access points have been designated by a 2002 subdivision approval. New accesses will need to be fully reviewed to ensure future traffic is mitigated to the extent practicable.

3. Will the new zoning secure safety from fire, panic and other dangers?
The subject property is currently serviced by all city services including police and fire. There should be no effect on these services.

4. Will the new zoning promote health and general welfare?
The proposed zoning would permit the dwelling to continue and would allow the owner to market the property for commercial development. Increased residential use of the property is not likely given the frontage on an arterial street. The County intends to offer the property for sale if the zoning is approved.

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 prevent overcrowding of land?
The proposed zoning, like all zoning districts, contains limitations on the maximum percentage of the lot area that can be covered with structures. The proposed RP zone allows 50% lot coverage and the current R-70 zone allows up to 30% lot coverage. The proposed RP zone requires a 10 foot side setback – the current R-70 requires a 5-foot side setback. The RP zone does not require a rear setback unless adjacent to a residential zone. Any building in an RP zone that shares a boundary with a residential zone will require a minimum 15-foot setback. In this situation, a 15 foot setback from the north, west and south property lines would be required for structures on the subject property.

7. Will the new zoning avoid undue concentration of population?
The new zoning does avoid undue concentration of population. The existing zoning, R-70, allows single family dwellings on lots of at least 7,000 square feet and duplex dwellings on lots of at least 9,600 square feet. This lot could accommodate up to 7 single family homes or 5 duplexes. The proposed zoning of RP allows single family dwellings only and could accommodate up to 9 single family dwellings. Residential uses do not include service businesses such as assisted living or similar facilities. The new zoning should avoid undue concentration of population.

8. Will the new zoning facilitate the adequate provisions of transportation, water, sewerage, schools, parks, fire, police, and other public requirements?
Transportation: The proposed zoning may have some impact on the surrounding streets, and a traffic impact study will be required depending on the commercial development that is built on the property in the future.
Water and Sewer: The City will be able to provide water and sewer to the property through existing lines.
Schools and Parks: There should be no impact to schools from the proposed zone change.
Fire and Police: The subject property is currently served by city fire and police. There should be no impact to these services from the new zoning.

9. Does the new zoning give reasonable consideration to the character of the district?
The proposed zoning will allow the existing single-family dwelling to remain on the property until it is redeveloped for commercial uses. The adjacent lots have been developed or will be developed for assisted living facilities. Office uses allowed in the RP zone as well as community services is in character with the existing development.

10. Does the new zoning give consideration to peculiar suitability of the property for particular uses?
The subject property is suitable for the requested zoning district. The location is on an arterial street between major intersections. The new zoning allows the existing residential use to continue.

11. Was the new zoning adopted with a view to conserving the value of buildings?
Surrounding residential property to the north and west exhibits higher taxable land value. The existing dwelling, constructed in 1903, although rated in average condition, will likely need future investment to maintain the quality of the structure. The new zoning will allow the owner to consider future redevelopment of the property.

12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area?
The proposed zoning will permit the current development to continue and could allow future development for commercial uses. This is the most appropriate use of the lot.