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| Zoning Commission | |
| Date: | 11/07/2023 |
| Title: | Zone Change 1039 - 713 Avenue D - Public 2 (P2) to First Neighborhood (N1) |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending approval and adoption of the findings of the 10 review criteria for Zone Change 1039.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request for a parcel located at 713 Avenue D and legally described as the West 66 ft of the east 132.75 feet of Block 4, Lot 4 (less North 10 ft for the alley), of Billings Heights Subdivision. The current zoning is Public 2 (P2), a zoning that was updated in 2021 to match the existing use of a church. The proposed zoning is First Neighborhood (N1), a zone district in place for all properties to the east and west of this property. North across the alley is Mixed Residential (NX) zoning for multi-unit dwellings. The church was constructed in 1950, prior to current zoning regulations. The building as a church has reached the end of its useful life. A new owner would like to convert the existing structure to a two family dwelling to meet demand for housing in the neighborhood.
The proposed zone change will allow the property to be developed for a one or two unit structure with off-street parking for the new residents. There is a variety of housing options in the area including 2-unit dwellings, single family detached dwellings and multi-unit dwellings. Most of this housing is approximately the same age as the current church but has been reasonably maintained by the owners. Conversion of the existing structure to residential use will require building permits and updates to utility systems. Allowing the existing structure to remain will ensure the new use will fit in with the existing neighborhood fabric. Two off-street spaces are required per dwelling unit, but the two "on-street" spaces on Avenue D in front of the parcel may count towards this requirement. Two additional spaces will need to be created in the rear yard. The proposed zoning of N1 is appropriate given the surrounding zoning and uses.
The N1 zone allows one or 2-unit dwellings. Home occupations are allowed that do not affect the residential character of the area. Planning staff is recommending approval based on the compatibility with the adjacent residential homes and duplexes on Avenue D. The proposed zoning is in conformance with the 2016 Growth Policy guidelines. The proposed use and zoning will benefit the orderly transition of this property from a civic institution to a residential property. The proposed zoning supports the city's Infill Policy.
The proposed zone change will allow the property to be developed for a one or two unit structure with off-street parking for the new residents. There is a variety of housing options in the area including 2-unit dwellings, single family detached dwellings and multi-unit dwellings. Most of this housing is approximately the same age as the current church but has been reasonably maintained by the owners. Conversion of the existing structure to residential use will require building permits and updates to utility systems. Allowing the existing structure to remain will ensure the new use will fit in with the existing neighborhood fabric. Two off-street spaces are required per dwelling unit, but the two "on-street" spaces on Avenue D in front of the parcel may count towards this requirement. Two additional spaces will need to be created in the rear yard. The proposed zoning of N1 is appropriate given the surrounding zoning and uses.
The N1 zone allows one or 2-unit dwellings. Home occupations are allowed that do not affect the residential character of the area. Planning staff is recommending approval based on the compatibility with the adjacent residential homes and duplexes on Avenue D. The proposed zoning is in conformance with the 2016 Growth Policy guidelines. The proposed use and zoning will benefit the orderly transition of this property from a civic institution to a residential property. The proposed zoning supports the city's Infill Policy.
STAKEHOLDERS
The applicant held a pre-application neighborhood meeting on September 25, 2023, at the subject property. Five surrounding owners attended the meeting. The primary concern expressed by the surrounding owners was regarding parking for the new residents. Planning staff sent the required mailed notices, posted the property, posted a synopsis of the application on the Current Zoning Application webpage, and published the legal for the Zoning Commission hearing. No public comments were received by the Planning staff prior to this report.
ALTERNATIVES
The City Zoning Commission may:
- Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1039; or,
- Recommend denial and adopt different findings of the ten review criteria for Zone Change 1039; or,
- Delay action on the zone change request for up to 60 days at the request of the applicant or on its own motion; or
- Allow the applicant to withdraw the zone change request.
FISCAL EFFECTS
Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.
SUMMARY
Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
- Infill development and development near existing City infrastructure may be the most cost-effective
- The history and heritage of Billings are cornerstones of our community
- Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
- Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction
- Safe and livable neighborhoods can be achieved through subdivision design that focuses on complete streets, pedestrian-scale streetlights, street trees and walkable access to public spaces
- Neighborhoods that are safe and attractive and provide essential services are much desired
- Zoning and subdivision regulations that utilize Crime Prevention Through Environmental Design (CPTED) strategies result in safer neighborhoods
- Implementation of the Infill Policy is important to encourage development of underutilized properties
- A mix of housing types that meet the needs of a diverse population is important
- Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
- Homes that are safe and sound support a healthy community
The proposed zoning would allow an existing vacant church to be re-purposed for residential use. The current zoning of Public 2 (P2) was put in place during the zoning code update of 2020/2021. Prior to this time, the parcel was zoned residential. The P2 zone is a specific zone for churches, schools and other civic institutions. The property is located west of the intersection of Avenue D and 7th St West. There is N1 zoning to the east, west and south of the parcel and NX zoning to north across the alley. The N1 zoning allows one or two unit dwellings for each 20 feet of street frontage.
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. The site will be developed in conformance with 27-300.3 or in proportionate compliance.
3. Whether the new zoning will promote public health, public safety and general welfare?
Similar to criteria two, Public health and public safety will be promoted by both the existing zoning and the proposed zoning. The proposed N1 zoning would allow the vacant building to be re-occupied. Vacant land or structures tends to detract from the neighborhood, and invites vandalism or trespassing. Vacant structures also tend to add unpredictability to the area.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning should not have any measurable impact on transportation. The re-development for a two-unit dwelling will require provision of some off-street parking.
Water and Sewer: The City provides water and sewer to the property. The Utilities Division voiced no concerns.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The nearby elementary school (Highland Elementary) had 245 students enrolled last year with a student teacher ratio of 12 students per teacher. Lewis and Clark Middle School serves this location. Lewis and Clark Middle School had 726 students enrolled last year with a student teacher ratio of 10 students per teacher. Senior High School had a 2022/2023 enrollment of 1,823 students with student teacher ratio of 18:1. The student population capacity of Highland Elementary is 275, Lewis and Clark Middle School can handle up to 542 students, and Senior High School can accommodate 1,600 students. The school district provided no comments on the proposed zone change.
Parks Director Mike Pigg provided the following comments: Parks should not be negatively impacted by the proposed zoning. The proposed development would create one two-family dwelling if approved. The closest public park to this location is Pioneer Park which is less than 0.5 miles away and Lions Park is 0.3 miles away. There are no comments or concerns about the proposed zoning from Parks, Recreation and Public Lands staff.
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?
Similar to criteria 2 and 3, The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. Any redevelopment or additions must be in compliance with BMCC 27-300.3.
6. Will the new zoning effect motorized and non-motorized transportation?
The existing property has a fully developed sidewalk on Avenue D and appears to be in good condition. Traffic volume on Avenue D is not regularly measured but is in the range of a typical local street of less than 500 trips per day. The existing streets can handle any small increase in traffic volume. 1 or 2 dwellings will not create a negative impact on the existing facilities.
7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. Property east, west and south of the subject parcel is zoned N1. North across the alley is NX zoning for multifamily apartments. The zoning does promote compatible urban growth.
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 or uses. The proposed zoning will allow the re-use of an existing structure to provide more housing in this neighborhood.
9. Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. Any development of the property will need to meet any proportionate compliance with site development and make improvements to any deferred maintenance on the adjacent public improvements such as sidewalks, curbs and gutters.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the re-development of the property in a desirable neighborhood close to downtown for additional housing. The proposed zoning and use will encourage the most appropriate use of the parcel.
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. The site will be developed in conformance with 27-300.3 or in proportionate compliance.
3. Whether the new zoning will promote public health, public safety and general welfare?
Similar to criteria two, Public health and public safety will be promoted by both the existing zoning and the proposed zoning. The proposed N1 zoning would allow the vacant building to be re-occupied. Vacant land or structures tends to detract from the neighborhood, and invites vandalism or trespassing. Vacant structures also tend to add unpredictability to the area.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning should not have any measurable impact on transportation. The re-development for a two-unit dwelling will require provision of some off-street parking.
Water and Sewer: The City provides water and sewer to the property. The Utilities Division voiced no concerns.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The nearby elementary school (Highland Elementary) had 245 students enrolled last year with a student teacher ratio of 12 students per teacher. Lewis and Clark Middle School serves this location. Lewis and Clark Middle School had 726 students enrolled last year with a student teacher ratio of 10 students per teacher. Senior High School had a 2022/2023 enrollment of 1,823 students with student teacher ratio of 18:1. The student population capacity of Highland Elementary is 275, Lewis and Clark Middle School can handle up to 542 students, and Senior High School can accommodate 1,600 students. The school district provided no comments on the proposed zone change.
Parks Director Mike Pigg provided the following comments: Parks should not be negatively impacted by the proposed zoning. The proposed development would create one two-family dwelling if approved. The closest public park to this location is Pioneer Park which is less than 0.5 miles away and Lions Park is 0.3 miles away. There are no comments or concerns about the proposed zoning from Parks, Recreation and Public Lands staff.
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?
Similar to criteria 2 and 3, The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. Any redevelopment or additions must be in compliance with BMCC 27-300.3.
6. Will the new zoning effect motorized and non-motorized transportation?
The existing property has a fully developed sidewalk on Avenue D and appears to be in good condition. Traffic volume on Avenue D is not regularly measured but is in the range of a typical local street of less than 500 trips per day. The existing streets can handle any small increase in traffic volume. 1 or 2 dwellings will not create a negative impact on the existing facilities.
7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. Property east, west and south of the subject parcel is zoned N1. North across the alley is NX zoning for multifamily apartments. The zoning does promote compatible urban growth.
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 or uses. The proposed zoning will allow the re-use of an existing structure to provide more housing in this neighborhood.
9. Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. Any development of the property will need to meet any proportionate compliance with site development and make improvements to any deferred maintenance on the adjacent public improvements such as sidewalks, curbs and gutters.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the re-development of the property in a desirable neighborhood close to downtown for additional housing. The proposed zoning and use will encourage the most appropriate use of the parcel.
Attachments
- Zoning Map and Site Photos
- Chart of Zoning History for ZC 1039
- Applicant Letter ZC 1039
- Pre application meeting and minutes
- Proposed redevelopment plan