The City Zoning Commission is recommending approval based on the findings of the 10 review criteria detailed in the Alternatives section of this report. A valid protest petition was received, requiring a 2/3 majority vote for City Council approval of the zone change (See attachments).

City Zone Change 982 – 1127 Alderson Ave. - RP to RMF - A zone change request from Residential Professional (RP) to Residential Multi-Family (RMF) on Block 4, Lot 4-8, Sunset Subdivision, a 39,793 square foot parcel of land. A pre-application neighborhood meeting was held on July 23, 2020, at 1127 Alderson Ave. Tax ID: A16641. The applicant is requesting a change to allow infill development of this property. 

The new zoning would allow the applicant to renovate the existing structures to accommodate 29 dwelling units.  The adjacent property to the east is currently RMF-R (changed in 1973 from R-60)  and has 21 dwelling units in one apartment building, constructed in 1965 on a 27,188 square foot parcel of land.  There are other multi-family properties in this area of Billings.

The Zoning Commission received four written letters in opposition, one in favor as well as one phone call in favor of the application (from the property owner of 1107 Alderson Avenue, Jenifer Ray Junkert).  Additionally, the applicant provided a written response to the opponents concerns.  A valid protest petition was received, requiring a 2/3 majority vote for City Council approval of the zone change. (See attachments.)

Prior to any action, 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:
Strong Neighborhoods:  Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels. Neighborhoods that are safe and attractive and provide essential services are much desired
Home Base: A mix of housing types that meet the needs of a diverse population is important. The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development.
Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe.
To provide safe, good quality and affordable housing and develop patterns that are compatible with existing neighborhoods. Maintain similar housing in established neighborhoods.
The proposed zoning will allow another housing choice in an area with primarily only one housing choice but also at a transition area between residential and commercial development. This area just south of Grand Avenue has different zoning districts of commercial and residential.  The new zoning will allow a use that is similar to the adjacent parcel to the east and other similar developed parcels in the area.
 
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 additional dwelling units will help increase the number of rate payers to the city utility systems and increase the taxable value of the property.
 
4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement? 
Transportation:               The proposed zoning will have an effect on the existing transportation system. More vehicle trips may be generated with the residential development of the property as opposed to the commercial office use.
Water and Sewer:           The City provides water and sewer to the property. 
Schools and Parks:         Schools and parks should not be significantly affected by the proposed zoning.
Fire and Police:              The subject property is 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?
Traffic generation from 29 dwelling units would increase the vehicle trips per day in the area, including trips to the new residences for services such as mail, deliveries, solid waste as well as trips by the occupants.
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to re-develop into housing and 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 will allow a housing choice that is in demand in the area. The proposed zoning will allow the existing structure to be redeveloped into a housing choice that fits into the existing area.
 
9.   Will the new zoning conserve the value of buildings?
Approval of the zone change will conserve the value of the property by allowing redevelopment and renovation of the existing property, potentially increasing the value of the existing building.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow re-development of the land and upgrade the current use.  This is an appropriate use of the land.

The Zoning Commission conducted a public hearing for Zone Change 982 on September 1, 2020, and received the staff recommendation of approval, and testimony from the applicant's agent. In addition to multiple letters received and provided to the board as ex-parte communication (see attached), there were 7 callers in opposition of the project.

The opponents all expressed concerns regarding increases with on-street parking, traffic and safety with the additional residential units on the property.  The applicant's rebuttal included information about improvements to the property and how it would be beneficial to the neighborhood and the City of Billings.  It was also pointed out that one of the opponents was an owner of a multifamily property in the vicinity, in truth being a competitor of the applicant. No other testimony was received.

The Zoning Commission considered the proposed findings of the ten criteria and the testimony provided. Commission member Dan Brooks made a motion to recommend approval of Zone Change 982 and adoption of the ten criteria, and the motion was seconded by Commission member Trina White. The motion was approved on a 4-1 vote.

The City Council may:

• Adopting the findings of the 10 criteria as recommended by the Zoning Commission and approve the application; or
• The City Council may amend the findings of the 10 criteria as recommended by the Zoning Commission and approve or deny the application; or
• The City Council may delay action up to 30 days.

Approval of this zone change has no direct impact on the Planning Division budget.