This is a zone change request from Residential 7,000 (R-70) to Neighborhood Commercial (NC) on the east ½ of Lot 2 and Lot 3, Block 5 of Amended Block 2, Valley View Acres Subdivision, a 14,400 square foot parcel of land. A pre-application neighborhood meeting was held at the subject property on October 12, 2016. The Zoning Commission conducted a public hearing on December 6, 2016, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 5-0 vote. The City Council approved the zone change on first reading on January 9, 2017. A second reading is required to approve the 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 Planning Division reviewed the application and recommended approval to the Zoning Commission based on the proposed findings of the 10 criteria. The Zoning Commission concurred with the recommendation. The proposed zoning will allow the current business to remain at an established location and expand the business without complication of mis-matched zoning for the parcel. The 2016 Growth Policy guidelines support the proposed zoning by retaining existing businesses and allowing for necessary expansions. Any new development for off-street parking or new buildings will have to meet the compatibility regulations within the zoning code including screening, lighting restrictions and landscaping.

Prior to making a decision on the requested zone change, the City Council shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
Prosperity: Retaining and supporting existing businesses helps sustain a healthy economy.
The proposed zoning would allow the business owner to provide additional off-street parking at their established business location. The current zoning does not allow expansion of the existing parking without a special review approval. A zone change would allow the property owner certainty for current and future business expansion on 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.

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 current split zoning of the parcel does not provide certainty for development standards and the existing off-street parking is inadequate. On-street parking violations do occur on this block of Lampman Drive with a negative effect on public health and safety. The proposed zoning will allow the development of additional off-street parking to reduce the incidence of on-street parking violations.

4. Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will improve the safety of this intersection by reducing on-street parking.
Water and Sewer: The City provides water and sewer to the property. Any new development for parking will be required to provide storm water management. There will be no additional impacts to the system from the proposed zoning.
Schools and Parks: Schools and parks should not be affected by the proposed zoning.
Fire and Police: The subject property will be 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?
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?
The new zoning will have a beneficial impact on vehicle and pedestrian traffic by reducing the on-street parking congestion.

7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to continue at this location and the use is compatible with the existing neighborhood.

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. The proposed zoning is identical to the zoning north of the subject property and is an appropriate zone with the adjacent residential neighborhood to the east.

9. Will the new zoning conserve the value of buildings?
The property is currently developed with a veterinary hospital, a small parking area and a dog exercise yard. The dog exercise yard is currently zoned R-70 and the hospital and parking lot is zoned NC. The value of existing buildings and the parcel will be improved and conserved by the proposed zoning and development.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow a dual-zoned parcel to be a single zoning. This is the most appropriate use of the land at this location.
 

If the proposed zoning is approved, the applicant may proceed with development of a portion of the lot for new off-street parking spaces. The new zoning will increase city fees paid based on the new zoning of the property. The new zoning will stabilize the future marketability of the property and will stabilize the tax base for this property.
 

The Zoning Commission recommends approval and adoption of the findings of the 10 criteria for Zone Change 951 on a 5-0 vote.