The applicant is requesting a zone change from Residential 7,000 (R-70) to Residential Multi-family-Restricted (RMF-R) on a 20,235 square foot parcel of land containing an existing 4-plex multi-family dwelling originally constructed in 1955.  The subject property is legally described as Lot 25 and the west 14 feet of Lot 26, Block 1, Arrowhead Subdivision and is located at 519 Crow Lane. The applicant is proposing the zone change in order to bring the property development into conformance with the zoning and to facilitate property improvements. The applicant, Trenton Parks, conducted a pre-application neighborhood meeting on March 11, 2011. The Zoning Commission conducted a public hearing on June 7, 2011, and is forwarding a recommendation of approval on a 4-0 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

There should be no impact to the city's tax base from the proposed zone change. If property improvements are made, then an increase in taxable property value can be expected.

The applicant is requesting to rezone a 20,253 square foot parcel at 519 Crow Lane from R-70 to RMF-R.  The subject property is located on Crow Lane just west of Main Street in Billings Heights. The intent of the zone change is to bring the existing 4-plex, which was constructed in 1955 into compliance with zoning.  The multi-family dwelling was built well before County zoning was in place on the property in 1973 and when annexed in 1984, the zoning remained the same. All of Arrowhead Subdivision was at one time zoned R-70. In 1977 and 1979, the County adopted several zone changes for commercial uses on the Main Street and Wicks Lane frontage lots. The Billings Heights Neighborhood Plan identifies this area between Main Street and Lake Elmo Drive as an area for higher density dwellings and mixed uses. 

A neighborhood meeting was conducted for the proposed zone change on March 11, 2011, at 10:45 am at the KFC on Main Street. The application meeting notes are included in Attachment C. One of the concerns voiced at the meeting was that no high-rise buildings should be allowed. The proposed RMF-R zoning allows a building height of 40 feet and the R-70 zone allows 34 feet. The lots to the north are zoned NC and have been developed for a multi-tenant retail uses. NC zoning allows a maximum height of 34 feet. Two lots east of the location is a commercial parking lot used by KFC and by Western Security Bank. A special review was approved to use this lot for the parking lot. There are numerous duplexes on Crow Lane and there is a public park across the street. The street has been paved, but no curb, gutter or sidewalk exists between Main Street and Lake Elmo Road.

The Billings Heights Neighborhood Plan indicates a need for a variety of housing types and the preferred land use in this block between Main Street and Lake Elmo Drive is shown as mixed uses with higher density housing. The 2008 Growth Policy supports in fill development where new development can seamlessly blend with existing uses and character of the area. The current zoning was put in place in 1973 (18 years after the 4-plex was constructed) and the owner desires to ensure the future value of the structure and consider new property development. A 20,253 square foot lot could accommodate two 4-plexes or one 10-plex structure. Any new improvements on the property would be required to meet all city codes including site development for off-street parking and storm water control.

Planning staff forwarded a recommendation of approval for this application.  The Zoning Commission conducted a public hearing on June 7, 2011, and concurred with the staff recommendation.

The Zoning Commission conducted a public hearing on June 7, 2011, and received testimony from the applicant, Trenton Parks. No other persons testified at the public hearing. Mr. Parks explained that he would like to protect his investment in the existing 4-plex apartment and the current zoning would not allow him to re-build the structure if it were damaged or destroyed.

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 zoning is generally consistent with the following goals of the Growth Policy and the Billings Heights Neighborhood Plan:
• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 5) 
The existing 4-plex on this property is consistent with the 4-plexes south of this location on Flathead Street and with other multi-family apartments to the west along Lake Elmo Drive. The proposed use will also be in conformance with the Heights Neighborhood Plan.
• New developments that are sensitive to and compatible with the character of adjacent City Neighborhoods and County Townsites. (Land Use Element Goal, page 6) 
The proposed zoning will be compatible with the surrounding duplexes and commercial property to the north and east.

2. Is the new zoning designed to lessen congestion in the streets?
The proposed zoning is not expected to generate additional traffic in this area, as the 4-plex has been in existence since 1955. Additional units might be expected to generate about 8-10 new trips per day per dwelling unit.

3. Will the new zoning secure safety from fire, panic and other dangers?
The lot has public street frontage and is served by the City Fire Department.  The duplex has been in existence since 1955 and the proposed zoning will not affect the emergency services to this property.

4. Will the new zoning promote health and general welfare?
The proposed zoning would allow for the 4-plex to remain on the lot and should not have an effect on the general health and welfare of surrounding properties. If the owner re-develops the property or adds additional dwelling units, this may have some impact on the surrounding neighborhood.

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. The new zoning has less front setback required but the existing structure will remain in its current location.

6. Will the new zoning prevent overcrowding of land?
The proposed zoning, as well as all zoning districts, contain limitations on the maximum percentage of the lot area that can be covered with structures.  This requirement will help prevent overcrowding of land. The current zoning allows up to 30% lot coverage or 6,076 square feet. Existing structures cover about 12% of the lot area. The proposed zoning allows up to 55% lot coverage or 11,139 square feet.


7. Will the new zoning avoid undue concentration of population?
The proposed uses should not cause an undue concentration of population, as there is surrounding residentially developed properties of similar density.

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 will not increase traffic.  
Water and Sewer: The City has adequate facilities to serve this property.  
Schools and Parks: This proposed re-zone should have no substantial effect on schools or parks.
Fire and Police: The subject property is currently served by the City of Billings fire and police departments.  

9. Does the new zoning give reasonable consideration to the character of the district?
The proposed zoning will be similar in character with the adjacent residential uses. 

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.

11. Was the new zoning adopted with a view to conserving the value of buildings?
The new zoning should not have significant effect on the value of residential buildings in the area.

12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area?
The proposed zoning will permit single-family, two-family and multi-family residences and is an appropriate zoning in this densely developed area between Main Street and Lake Elmo Drive.