This is a zone change request from Residential 6,000 (R-60) to Neighborhood Commercial (NC) on Lot 6, Block 6, Central Acres Subdivision, 4th Filing, located at 3333 Central Avenue. The property is owned by Paul and Sharon Allen. The owners conducted a pre-application neighborhood meeting on July 17, 2010, at the residence on the subject property. The Zoning Commission conducted a public hearing on September 7, 2010, and is forwarding a recommendation of approval on a 5-0 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

The city's tax base may increase if the property is redeveloped for commercial uses.

The applicant is requesting to rezone this property on the northeast corner of the intersection of Central Avenue and 34th Street West from R-60 to NC. Central Avenue is a principal arterial street and provides the primary access to MSU-B College of Technology just to the west, and a variety of service providers and high-density residential uses are in the immediate area. The average daily traffic at this location in 2009 was approximately 10,000 vehicle trips per day. Property to the east and north has been developed for residential uses but property west and south of the location is developed for commercial uses. Central Avenue traffic volumes have increased approximately 30% since 2004 and when the Shiloh Road Corridor improvements are completed this volume will likely increase at a more rapid pace. The intersection of 32nd Street West and Central Avenue is signalized. The intersection of Shiloh Road and Central Avenue will be a traffic roundabout with pedestrian crossing.

The applicant conducted a pre-application neighborhood meeting on July 17th, 2010 and several surrounding property owners attended the meeting. The owners discussed the differences between CC and NC zoning districts and what potential re-development might occur. No surrounding property owners contacted the Planning Division staff prior to the Zoning Commission public hearing.

The owners have proposed the zone change so the dwelling can be replaced by a future commercial use. The owners have health concerns and the marketability of the property as a residential dwelling is difficult. The adjacent lots to the west and south are commercial uses and Central Avenue has a high traffic volume. When traffic volume and speed increase, the value of adjacent residential uses – and in particular single family or two-family dwellings – diminishes. The West Billings Neighborhood Plan (2001) envisioned professional offices or higher density housing such as apartments along the arterial streets. The higher intensity commercial uses should be concentrated near the arterial street intersections. The CC zone to the west was adopted in 1978, well before the current neighborhood plan and Growth Policy. Several zone changes have been proposed and adopted for property along Central Avenue between 28th Street West and Shiloh Road. These are similar zone changes to the current proposal.

The proposed NC zone would allow a variety of commercial uses geared to neighborhood services as well as professional offices. Restaurants are allowed without the sale of alcohol. Special review uses include any retail services greater than 10,000 square feet, car washes, drive through restaurants and veterinary clinics with overnight boarding of animals. The proposed zoning of NC would allow the single family use to continue as a conforming use or allow the sale and re-development of the lot for other uses allowed in the NC zone including professional offices, medical services, and other service business. Retail uses are allowed on a limited basis. Multi-family uses, including 2-family dwellings, are allowed in the NC zoning district. If re-developed, the 18,896 square foot lot would need to meet all site development codes for commercial businesses or multi-family dwellings including access, off-street parking, setbacks, height limitations, landscaping and other site improvements.

The proposed NC zoning is compatible with the zoning west and south of the subject property. Property north and east of the property is developed for residential uses. However, the residences east and north of the property are multifamily dwellings. Two of the lots on Lynn Avenue are single family homes and the remaining lots are developed for duplexes. The lots east of the subject property on Central Avenue are 4-plex dwellings. Current planning practice would not recommend a single-residential zoning or use of this property given the adjacent arterial streets and proximity to intense commercial uses. The West Billings Neighborhood Plan recognized the suitability of property on arterial streets for professional offices, limited commercial uses, and multifamily housing. The proposed NC zoning allows for all of these potential uses of this parcel.

The Planning Division reviewed the application and recommended approval to the Zoning Commission based on the twelve (12) criteria for zone changes. The subject property is adjacent to CC zoning and commercial development. The property is at a street intersection where neighborhood commercial development fits with the intent of the West Billings Plan to avoid strip commercial development all along arterial streets while still providing neighborhood services at some intersection locations. The uses allowed within the proposed NC zoning are compatible with the surrounding zoning and neighborhood character. Any re-development of the property requires compliance with site development standards that will ensure protection to adjacent properties to the north and east. 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.

The Zoning Commission concurred with the recommendation and is forwarding a recommendation of approval on a 5-0 vote.

On September 7, 2010, the Zoning Commission conducted a public hearing and received the Planning staff recommendation and testimony from the applicant, Sharon Allen. No other persons testified on the application. No written testimony was received by the Planning Division.

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 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 residential use to continue and would allow re-development of the site for offices, service businesses, limited retail or multifamily dwellings. The site has commercial zoning to the south and west and is on a principal arterial street. Residential uses to the east and north should be compatible with the types of uses allowed in the RP zone.
• Contiguous development focused in and around existing population centers. (Land Use Element Goal, page 6)
The proposed zoning would allow the re-development of the property in an area with existing services – promoting an in-fill of an underutilized property.

2. Is the new zoning designed to lessen congestion in the streets?
There should be no effect on traffic congestion. The existing dwelling likely generates 10 or more vehicle trips per day. An office or service business use of the property would increase traffic on Central Avenue but it is constructed as an arterial street and could handle the additional traffic generated. If the new use generates 500 or more new trips per day a traffic accessibility study may be required prior to re-development of the property.

3. Will the new zoning secure safety from fire, panic and other dangers?
The subject property is currently serviced by City Fire and Police. Any re-development would change the type of service needed at the property. There should be no effect on public safety given the proximity to the fire station and existing services provided to the adjacent commercial businesses.

4. Will the new zoning promote health and general welfare?
The proposed zoning would permit the existing single family dwelling to continue and would allow re-development of the property for office, service businesses, limited retail or multifamily dwellings. The surrounding property values should not be affected by either the continued use or any re-development.

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 prevent overcrowding of land?
The proposed zoning, like all zoning districts, contains limitations on the maximum percentage of the lot area that can be covered with structures. The R-60 zone allows 40% lot coverage and the NC zone allows up to 50% lot coverage. The R-60 zone and the NC zone have similar setback requirements.

7. Will the new zoning avoid undue concentration of population?
The new zoning does avoid undue concentration of population. The R-60 zoning allows single family homes on a minimum lot size of 6,000 square feet and two-family dwellings on lots of at least 7,000 square feet. Multifamily dwellings are allowed by special review and this lot could have up to 9 dwelling units by special review. The proposed zoning also allows multifamily dwellings and this lot could have 9 dwelling units.

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 should not impact the surrounding streets.
Water and Sewer: The City will provide water and sewer to the property through existing lines.
Schools and Parks: There should be no impact to schools from the proposed zone change.
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 allow re-development of the property for commercial uses. There are existing commercial uses on the south and west of the location. Residences to the east and north are primarily two-family dwellings and multifamily dwellings. Central Avenue is a principal arterial street with increasing traffic volumes.

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. The location is on a corner lot within 2 blocks of a high traffic signalized intersection. The new zoning allows the existing residential use to continue and would allow potential re-development for commercial or multifamily uses.

11. Was the new zoning adopted with a view to conserving the value of buildings?
Surrounding residential property to the north and east exhibits higher taxable land value. The existing dwelling although rated in average condition will likely need significant investment to maintain the quality of the residence. The NC allows the owner to retain the residential use and allows the owner an option of re-developing the property for a business.

12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area?
The proposed zoning will permit the current development to continue and could allow future re-development for businesses that are more compatible to the other business uses to the south and west.