Planning staff recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1049.

This is a zone change for property in the North Park neighborhood near the intersection of 8th Ave N and N 19th St. The property is currently zoned NX1 - 1911 8th Ave N, and N1 for a vacant lot directly west at 1915 8th Ave N. The owner of 1911 8th Ave N recently purchased the vacant lot. A small home on the property was demolished. The property owner intends to build a similar apartment building on the vacant lot. The current building does not conform to the existing zoning of NX1. NX1 allows one to four unit dwellings. This is a six-unit building. The previous zoning of the property was Residential 6,000 (R60) until 2021. All property zoning was updated in 2021 as part of a complete re-write of the zoning code. The current code has a savings clause for all residential developments regardless of the zone district where the buildings exist. The property could receive a re-build letter, but the owner prefers to have a zone that conforms to the development of the property and to re-zone the adjacent lot, so a similar development can occur to complement the existing apartment building.

The proposed zoning would allow an existing vacant property to be developed for new residential dwellings in a high demand area north of downtown and east of a thriving medical services center and college campus. The North Park area was one of the first residential neighborhoods in Billings, but there are many lots that are not fully developed or are vacant. Some of these conditions are due to demolition of older structures without a plan to replace or rebuild the property. Other properties have never been developed and were part of market gardens and orchards prior to annexation to the city in the 1960s. Small irrigation water companies still exist in North Park, such as the Burnstead Water Users Association.

8th Ave North is a local street with traffic speeds posted at 25 mph. The right-of-way width is more than typical for a local street at 90 feet, as compared to 60 feet for most local streets. The wider width of right-of-way is common in the first subdivisions in Billings, including North Park and the South Side neighborhoods. The pavement width of 50 feet between N 22nd St to N 18th St is 16 feet wider than a standard local street (34 ft). This encourages faster traffic speeds on 8th Ave N. N 18th St is a collector street but must stop at 8th Ave N. East of N 18th St, 8th Ave N goes through the uncontrolled intersection with N 17th St and then dead ends at N 16th St. West of N 22nd St, 8th Ave N again has the right of way while the north/south intersecting streets must stop until the intersection of 8th Ave N and N 27th St.

It is not likely that the current zoning would result in the development of a vacant parcel for single family dwellings (four would be allowed by N1 zoning). Two-family dwellings are also allowed with the same number of structures (four) but with two units in each building. This is essentially the same development density as the proposed NX2 zoning. The NX2 zone could allow four duplexes, but only one structure with more than two units based on the frontage requirements. NX2 allows one duplex for each 20 feet of street frontage, the same as the current N1 zoning. In the NX2, 50 feet of street frontage is required for each building with more than two dwelling units. This lot only has 80 feet of street frontage.   


 

The applicant conducted a pre-application neighborhood meeting on February 22, 2024. Three surrounding owners or interested property owners attended the meeting. There were no concerns expressed about the proposed zoning. The attendees talked in general about the neighborhood and issues of concern, including public safety and nuisance properties. The Planning staff posted the property, mailed notices to owners within 300 feet and placed a legal advertisement in the newspaper. The Planning staff also placed notice of the application on its Current Zoning Applications web page. No email or correspondence on the application was received prior to the writing of this staff report.

The City Zoning Commission may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1049; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1049; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

The Zoning Commission is required to make a recommendation to the City Council on this application for zone change. The application will not proceed to the City Council without a recommendation. The applicant has not requested a delay or withdrawal of the application.

Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.

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:

• Infill development and development near existing city infrastructure may be the most cost-effective.
• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill, and social interaction.
• Implementation of the Infill Policy is important to encourage the development of underutilized properties.

The North Park Neighborhood Plan (2008) identified this area as on the transition border between higher density residential uses and medium density residential areas. This location supports the proposed residential use to allow two-to-eight-unit structures. The existing 6-unit building at 1911 8th Ave N fits in well with the existing neighborhood design. The applicant is proposing a similar building for the adjacent vacant lot.

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 Section 27-300 (BMCC) as well as sections on landscaping, and off-street parking. New buildings would be required to meet city Building Codes and Engineering standards as well.

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 NX2 will allow the existing 6-unit building to conform to the zoning and would allow the vacant property to be developed for similar and compatible uses. Developed land will increase property values. Vacant land tends to add unpredictability to the area.

4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning should not have any measurable impact on transportation.
8th Ave N is a well-traveled local street in North Park. There are two north/south collector streets – N 18th St and N 22nd St. In addition, 8th Ave N has a direct connection to N 27th St, the major north/south arterial street through downtown that connects the rims and airport to Interstate 90. N 18th and N 22nd connect to 6th Ave N a major westbound arterial street that connects to N 27th St and then Grand Avenue.
Water and Sewer: The City provides water to the property and a new service line will be installed for any new development at 1915 8th Ave N. A service line was installed for the existing building at 1911 8th Ave N in 1994. The existing building is connected to a sewer. Any new building at 1915 8th Ave N would need new water and sewer connections.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The school district provided no comment on the proposed zone change. Parks should not be negatively impacted by the proposed zoning. The property is directly across the street from North Park. Recent efforts to improve the safety of the park will encourage more local residents to be in the park.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments had no concerns about 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 development of the property would follow the requirements of Section 27-300 (BMCC) and other city regulations for development.

6) Will the new zoning affect motorized and non-motorized transportation?
The existing property fronts 8th Ave N. There is no sidewalk along the street frontage of the vacant lot. This will be installed at the time of development. Street frontage landscaping will also be installed at the time this lot is developed.

7) Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth. The NX2 zoning is compatible with the surrounding property and development. To the south and east is NX3 zoning that supports apartments, while the surrounding development is a mixture of single family, two-family and multifamily development. 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 re-development of the vacant lot for residential use. This redevelopment will require the installation of new city infrastructure that will help sustain the neighborhood.

9) Will the new zoning conserve the value of buildings?
The new zoning should add stability to the value of the existing 6-unit apartment building at 1911 8th Ave N and add value to surrounding property when the vacant lot is re-developed. New development tends to increase surrounding property values.

10) Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the redevelopment of the vacant property and “right zone” of an existing apartment building. Infill on vacant parcels also contributes to neighborhood stability. The proposed zoning and use will encourage the most appropriate use of the parcel.