The Zoning Commission recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1006.

City Zone Change 1006 – 1204 Howard Ave – from N1 to NX1 - A zone change request from N1 (First Neighborhood Residential) to NX1 (Mixed Residential 1), on Block 2, Lots 1-2 of the West Billings Heights Subdivision, a 7,000 square foot parcel located at 1204 Howard Avenue. The purpose of the zone change is to allow the existing duplex to be modified into a 4-unit structure. A pre application neighborhood meeting was held on December 18, 2021.
Presented by Karen Husman, Planner I

APPLICATION DATA
OWNER: Ashley Delp
LEGAL DESCRIPTION: Block 2, Lots 1-2 of the West Billings Heights Subdivision
CURRENT ZONING:  N1
EXISTING LAND USE:  One two-unit dwelling and one single family dwelling
PROPOSED USE:  Residential multi-family (increase units in duplex to make a 4-unit dwelling)
SIZE OF PARCEL: 7,000 sf

CONCURRENT APPLICATIONS:
None 

SURROUNDING ZONING AND LAND USE:
The proposed zoning would allow an existing duplex dwelling to use the basement area to add two units, creating a 4-unit dwelling on the property along with the existing single family dwelling. This will provide additional affordable housing choices without increasing the footprint of the existing structures.  There are other similar multi unit properties in the area and throughout this neighborhood, including two 4-unit dwellings on the northeast corner of 12th St West and Howard Avenue. The property east across 12th Street West is zoned NX1 and has a multi-unit building. A Master Site Plan review will be required with the increase in dwelling units, the applicant is prepared to provide additional off-street parking. The additional units will have egress windows added for safety as required by building code, and the new units will meet all other requirements for building and fire codes.  
 

The applicant conducted a pre-application neighborhood meeting on December 18, 2021, at 934 Lewis Avenue, there were no attendees.  A summary of the meeting is included as an attachment. Planning staff did not receive any comments prior to completing the staff report for the zone change. There is one email attached that was received on February 1, 2022, at 8:34 am in the planning department in opposition to the zone change.

The Zoning Commission conducted its public hearing on February 1, 2022, and received the Planning staff recommendation of approval, and testimony from the owner, who concurred with staff recommendation.  There were no members of the public present speaking for or against the application.

The Zoning Commission voted 3-0 on a motion to recommend approval and adoption of the findings of the 10 review criteria.

The City Council may:

• Recommend approval and adoption of the findings of the 10 review criteria for Zone Change 1006; or,
• Recommend denial and adopt different findings of the 10 review criteria for Zone Change 1006; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.

Prior to any decision the City Council, shall consider the following:

1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change does conform to 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

The proposed zoning would allow an existing duplex dwelling to use the basement to add two units, creating a 4-unit dwelling on the property along with the existing single family dwelling. The proposed zone is consistent with the City’s Growth Policy and increases density without adding a large demand on city services.  This will provide additional affordable housing choices without increasing the footprint of the existing structures.

2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum build-to zones, 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.  The existing structure footprints will not be expanded so current setbacks and building separation will not be reduced.

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 existing parcel has already been developed and used for as a two-family residence and for a single family residence since they were built in the 1930’s.  A zoning of NX1 is required to have more than 2 attached dwelling units. The proposed zoning would allow the owner to acquire a rebuild letter under the new zoning after converting the basement into two more dwelling units. This will also allow the owner to reduce the risk associated with insuring the property and investing in property improvements. The proposed zoning (NX1) would allow the owner to ensure development is not intrusive to neighboring property, and still allow compatible uses with the adjacent N1 and the NX1 zoning.

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 little impact on the surrounding transportation systems.
Water and Sewer: The property has City water and sewer services.
Schools and Parks:     Schools and parks should not be significantly affected by the proposed zone change, this will depend on the new tenants.
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?
The new zoning will have little effect on vehicle and pedestrian traffic, although additional off-street parking for the added units will be provided.

7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. The proposed zoning will allow an existing structure to become conforming to the NX1 zone district as a four dwelling unit structure.

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 expansion of an existing residential use, without increasing the footprint of the structure. There are other multi unit properties in the area.

9. Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. Any development of the property will need to meet the site development requirements in the zoning code, including landscaping, screening, building heights and setbacks.  A Master Site Plan will be required with the remodel and additional dwelling units.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow an existing structure to be rebuilt as a 4-unit dwelling if it were destroyed.  This is an appropriate location for the zoning to allow additional density that is compatible with adjacent uses.  The parcel directly across 12th Street West is currently NX1 and has a multi unit residential structure.