This is a zone change request from Residential 6,000 (R-60) to Public (P) on a 1.02 acre parcel of land within Lot 2, Block 1 of Westward Ho Subdivision. The applicant conducted a pre-application neighborhood meeting on October 6, 2015 at the subject property, West Side Baptist Church at 323 S 32nd Street West. The City Council approved the zone change on first reading on January 11, 2016. A second reading is required to pass an ordinance.

Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another type of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district.
 

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission;
• Deny the zone change and adopt different findings of the 10 criteria;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

The City Council approved the zone change on first reading on January 11, 2016. The Planning staff reviewed the 10 criteria for the zone change and recommended approval to the Zoning Commission. The Zoning Commission concurred. The 2008 Growth Policy and the 2011 Infill Policy encourage predictable land uses in existing neighborhoods and the use of under-developed property where city services already exist. The church is selling a small piece of un-used land it owns on the eastern half of its lot for new dwelling units and retaining about 1.02 acres of the residentially zoned area.

In order to provide predictable uses in the future, the church would like to expand the Public zone to eliminate the split zoning for the church's retained property. The retained property is almost 4 acres in area and will remain as church property into the future. The Public zoning allows church and assembly uses by right, whereas R-60 zoning requires a special review approval for any new church or substantial expansion of an existing one. The proposed zoning of Public will remove potential confusion over the use of the property for church purposes. The proposed zoning should have no impact or effect on city services, transportation, surrounding properties or value of buildings.

Prior to making its decision on the requested zoning, the City Council shall consider the findings of the 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) The proposed zoning would permit the church to normalize the zoning for the property and will add predictable and consistent zoning to the area. A split zoning could add confusion in the future when the church expands. The church has been located at this intersection since 1978 and preserving the use of the property for this assembly use is predictable.

Promote development of under-utilized property served by existing city services and infrastructure.
The existing zoning is split on the new lot for the church. The piece of property to be sold for residential development does not coincide with the zoning boundary. Churches are allowed uses in the Public zone but are special review uses in the R-60 zone. The proposed zoning will allow the church to use the land in conformance with the zoning.

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 and public safety will be promoted by the proposed zoning. The new zoning will make the use of this land predictable for surrounding property owners and for future owners of the property. This will improve public health and safety and the general welfare of the adjacent neighbors.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will not have an impact on the surrounding streets. The church is not expanding with the zone change.
Water and Sewer: The City provides sewer and water service to the property.
Schools and Parks: The zone change will decrease the area zoned for residential uses and should have little or no impact on schools and parks
Fire and Police: The subject property is already 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?
There will be no impact to the transportation systems in the area. No new building on the church property is planned at this time. The property sold for residential development has been subdivided and impacts to the transportation system were evaluated and mitigated.

7. Will the new zoning promote compatible urban growth?
The new zoning promotes compatibility with urban growth. The proposed zoning will provide a consistent zoning for the church property and preserve this use into the future.

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 churches and assembly uses. The property is located at the intersection of 2 arterial streets and is suitable for uses allowed in the Public zone.

9. Will the new zoning conserve the value of buildings?
The lot is currently developed with a +10,000 square foot church building and parking lot. Changing the zoning to be consistent throughout the lot will conserve the value of this building and surrounding buildings.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will encourage additional city infill development in the area and will allow the use of the church property to continue. The uses allowed in the Public zone are appropriate at this street intersection.

If the zone change is approved it will clarify and simplify the city assessments for services based on zoning - arterial construction fees and storm sewer maintenance. The property is exempt from property taxes but pays fees for services.

 

The Zoning Commission recommends approval and adoption of the findings of the 10 criteria for Zone Change 944 on a 5 to 0 vote.