This is a zone change request from Public (P) to Residential 6,000 (R-60) on a 50 foot by 150 foot lot in the northeast corner of Lot 3 in Section 9, T1S, R26E located at 412 Hallowell Lane. The property is owned by Lean 2, LLP and the agent is Marshall Phil of Blueline Engineering. The owners conducted a pre-application neighborhood meeting on September 27, 2010 at 7:00 pm at the residence on the subject property. The Zoning Commission conducted a public hearing on November 3, 2010, and is forwarding a recommendation of approval and adoption of the 12 criteria 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

If approved, the zone change will ensure the long-term taxable value of the property and protect the city tax base in this area.

The applicant is requesting to rezone this property near the northeast corner of Optimist Park just south of Vaughn Lane. The current zoning, Public, was initially applied to the property in 1973 when the property was outside the city limits. The Public zoning district does not allow any residential use of property. The property was annexed in to the city in 2004 but the owner did not request a change in the zoning at the time of annexation. According to the applicant and agent, the dwelling has been used as a three-unit, multi-family dwelling for some time although the property is not assessed as a multifamily dwelling. The property tax records indicate the dwelling was constructed in 1927 and then remodeled in 1990. The Department of Revenue lists the dwelling as a single family residence. The proposed zoning of R-60 does not make the 3-plex conforming to zoning and the owner will need approval of a variance to re-construct a 3-plex on the property. The R-60 would allow the owner to re-build a single family or two-family dwelling with the current 7,500 square feet of lot area.

Hallowell Lane is a local street that connects State Avenue and King Avenue East and carries primarily local residential traffic. There are no traffic counts available for this street, but Optimist Park and the connection between State Avenue and King Avenue East likely generates traffic not normally associated with a local street. Property to the east and north has been developed for single family and multifamily uses. There is a 4-plex directly north but most property on the east side of Hallowell Lane is single family residences. The Optimist Park off-street parking lot is directly south and to the west are one and two-family dwellings on Vaughn Lane. The zone change will not increase or decrease existing traffic on Hallowell Lane.

The applicant conducted a pre-application neighborhood meeting on September 27, 2010 at the residence at 412 Hallowell Lane. No surrounding property owners attended the meeting. 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 multi-family dwelling can be replaced in the future if necessary. The current zoning does not allow any residential use of the property. There are no current plans to re-build the structure or change the nature or extent of the current use. The zone change will facilitate the financing and insuring of the property in the future. The lot is not large enough in the proposed R-60 to support a 3-plex dwelling unless the owner obtains a lot area variance from the Board of Adjustment. The proposed zoning would allow the owner the ability to reconstruct if necessary either a single family or two-family dwelling. Several similar zone changes have been approved in this Southwest Corridor neighborhood including a 2008 zone change from R-96 to R-60 for existing dwellings at 203 Monroe Street.

The proposed R-60 zone is compatible with the zoning west, north and east of the subject property. The lot directly north is developed with a 4-plex apartment building, the lots to the west are single family and two-family dwellings and lots across Hallowell Lane to the east are primarily single family dwellings.

The Planning Division reviewed the application and recommended approval based on the twelve (12) criteria for zone changes. The subject property is adjacent to R-60 zoning and no changes in the character of the property are predicted. The uses allowed within the proposed R-60 zoning are compatible with the surrounding zoning and neighborhood character. Any re-development of the property requires compliance with the new zoning and the ability to re-build a 3-plex will depend on a lot area variance from the Board of Adjustment. 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 is forwarding a recommendation of approval and adoption of the 12 criteria on a 5-0 vote.

The Zoning Commission conducted a public hearing on November 3, 2010, and received the Planning Staff recommendation and report. The applicant's agent, Marshall Phil, of Blueline Engineering, provided testimony in favor of the application. There was no other testimony.
The Zoning Commission voted 5-0 to recommend approval and adoption of the 12 criteria.

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-construction if necessary of either a single family or two-family dwelling. The existing 3-plex could only be rebuilt if a lot area variance is granted by the Board of Adjustment. Residential uses to the north and west are compatible with the existing use and the proposed zoning.
• Affordable housing for all income levels dispersed throughout the City. (Land Use Element Goal, Page 6)
The proposed zoning will allow the preservation of existing affordable housing in the area and allow the owner the surety of future financing and insurance for the residential use.

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 between 20 and 30 vehicle trips per day and the owner is not proposing any change in the existing 3-plex.

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 future re-construction of the 3-plex would have no effect on these services.

4. Will the new zoning promote health and general welfare?
The proposed zoning would permit the existing 3-plex dwelling to continue and would allow reconstruction of either a single family or two-family dwelling in the future. The current zoning would not allow any reconstruction for residential uses on the lot. The new zoning will allow the owner to invest in maintenance and improvement to the residential use without risking a total loss of that investment.

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 proposed R-60 zone allows 40% lot coverage and the current Public zone allows up to 50% lot coverage. The proposed R-60 zone and the Public 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. Reconstruction of the existing 3-plex would require a lot area variance approval from the Board of Adjustment.

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 provides 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 preservation of an existing multi-family dwelling in an established neighborhood. Many of the adjacent lots to the north and west have similar development and the proposed zoning is in character with the area.

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 adjacent to a large public park and a medium density neighborhood. The new zoning allows the existing residential use to continue.

11. Was the new zoning adopted with a view to conserving the value of buildings?
Surrounding residential property to the north and west exhibits higher taxable land value. The existing dwelling although rated in average condition will likely need future investment to maintain the quality of the structure. The R-60 allows the owner to invest in the property without risking a total loss of the investment. The proposed zoning will conserve the value of this building.

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 reconstruction if necessary. This is the most appropriate use of the lot.