The City Council initiated this map amendment and zone change at the request of the property owner to correct an error made in 1972 when the City undertook a city-wide re-zoning program. The property is currently zoned Residential 9,600 (R-96) but previously was zoned R-3-R, a zone analogous to the current Residential 6,000 (R-60) zoning district. The Council proposal is to change the zoning to R-60. The legal description of the property is Lots 21-24, Block 12, College Subdivision 3^rd Filing. The property is a 14,000 square foot parcel of land. The property is owned by Vaughn and Marla Rohrdanz. The Zoning Commission is recommending approval and adoption of the findings of the 10 criteria on a 5-0 vote.

State law at Section 76-2-304, MCA, requires that all zone changes be reviewed in accordance with 10 criteria. Using the 10 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 the zone change is approved, the taxable value of the property will be stabilized by assuring continued property maintenance and improvements. The new zoning will increase the city fees assessed based on zoning (arterial construction and storm water).

In 1970, Mr. Rohrdanz received a zone change for the property to R-3-R - a designation that allowed multi-family dwellings. In 1970-1971, Mr. Rohrdanz had a 6-unit multifamily dwelling constructed on the property in conformance with the R-3-R zoning in place. In May 1972, soon after the apartment building was completed, the City changed all the existing zoning districts within the city limits. This neighborhood was changed to Residential 9,600 - a single family zoning district. This city-wide re-zoning resulted in non-conforming use status for Mr. Rohrdanz property. This allows the use to continue but since multi-family uses are no longer allowed, the property could not be re-built in the event it was destroyed. Mr. Rohrdanz was unaware of the city-wide zoning change in 1972 and did not know the zone change he received in 1970 was no longer valid for this property.

Mr. Rohrdanz visited with the Planning staff in July and August of this year to discuss options for either re-zoning the property or obtaining a variance from the current zoning regulations. Use variances are not allowed under local code and state law so the only option to correct the zoning for the property is to re-zone. Mr. Rohrdanz contacted Council Ward IV representatives Jani McCall and Al Swanson to inquire whether the Council would initiate a corrective zone change for the property. Council member Jani McCall informed the Council of the situation at a work session in August 2014, and the Council subsequently initiated the map amendment and zone change on September 22, 2014.
 
The Planning staff reviewed the zone change and the surrounding neighborhood for nonconforming uses such as two-family dwellings or multi-family dwellings. Most of College Subdivision was developed prior to the 1972 city-wide re-zoning that adopted R-96 as the zoning for this area. The College Subdivision consists of three filings that developed in 1945 and 1946. Many homes were built with “in-law” living quarters in the basement or developed with a front house and rear house to accommodate relatives. The post-war housing demand saw this type of development throughout the city. Planning staff reviewed Department of Revenue records and City records to determine the average conformance with R-96 zoning in the neighborhood. Approximately 30 percent of the homes in the 3 ½ blocks on the west end of College Subdivision do not conform to the single-family only zoning. This is a high percentage of non conformance. There may be additional nonconforming two-family dwellings in the area. Most of these nonconforming properties contain dwelling units for two families on a “single-family” only lot. Two properties, the subject property and property at 1229 Poly Drive, have multi-family dwellings.

The Zoning Commission conducted a public hearing on October 7, 2014, and received the staff recommendation. No other persons provided testimony. Member Barbara Hawkins made a motion to recommend approval and adoption of the findings of the 10 criteria for Zone Change 926. The motion was seconded by Dan Wagner. The motion was approved on a 5-0 vote.

The Planning Division reviewed this application and recommended approval to the Zoning Commission based on the ten (10) criteria for zone changes. The subject property is adjacent to a minor arterial street and has been an established part of the neighborhood fabric for more than 40 years. The property is currently well-maintained and fits with the variety of housing types available in the College Subdivision. The proposed zoning, R-60, will allow the use to become a conforming use so it will continue to be part of the neighborhood now and in the future. Any re-development of the property requires compliance with the new zoning and the ability to meet site development requirements 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.
Prior to any decision on the zone change by the City Council, it shall consider the findings of the following 10 criteria:

 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 multi-family apartment to continue in conformity with the zoning. The development has fit in well with the existing neighborhood for more than 40 years, continued investment in the property will preserve the neighborhood integrity. The proposed zoning, R-60,  is consistent with the neighborhood character and land use patterns between 13^th Street West and Wisconsin Street to the east.   
   
• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6)  The existing zoning is restricted to single-family only residential uses. The proposed zoning will allow the retention of the apartments on 13^th Street West. This will allow the housing choice in this neighborhood to remain diverse.  
   
  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.
   
  3.   Whether the new zoning will promote public health, public safety and general welfare?
  Public health, safety and general welfare will be promoted by the proposed zoning. The nonconforming zoning discourages investment in the property.
   
  4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
  Transportation:               The proposed zoning should have no impact on transportation.  
  Water and Sewer:          The City provides water and sewer services to the property.   
  Schools and Parks:        There should not be any impact to schools from the proposed zone change.
  Fire and Police:              The subject property is currently served by the city Public Safety Services.
   
  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 effect motorized and non-motorized transportation?
  Traffic generation from the apartments will not change since the maximum number of units on the lot has existed since 1971.  
   
  7.   Will the new zoning will promote compatible urban growth?
  The new zoning does promote compatibility with urban growth. The new zoning will allow investment in the property increasing property value over time.
   
  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 district and the suitability of the property
  for multi-family uses. The location of the property on a minor arterial street at an intersection makes it suitable for this use.
   
  9.   Will the new zoning conserve the value of buildings?
  The existing multi-family apartment value will be conserved by the new zoning.
   
  10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
  The proposed zoning will permit an existing housing type in the neighborhood to continue and is the most appropriate use of the property.