Item #4 - City Zone Change #937 – 100 Emerald Drive – A City Council initiated zone change from Residential 9,600 (R-96) to Residential Professional (RP) on C/S 604 & Tract 2 of C/S 356 a 35,719 square foot parcel of land. The Council initiated the zone change on June 8, 2015 to correct a misclassification of the commercial property made at the time of annexation in June 1974. Tax ID: D05590.
 

The Planning Division is recommending approval and adoption of the findings of the 10 criteria for Zone Change 937.

OWNER: Lois Schroeder
AGENT: Michael Schroeder and the City of Billings
LEGAL DESCRIPTION: C/S 604 and Tract 2 of C/S 356
ADDRESS: 100 Emerald Drive
CURRENT ZONING: R-96
EXISTING LAND USE: 3-unit commercial building
PROPOSED USE: same with accessory storage building
SIZE OF PARCEL: 35,719 square feet

None.

The property was developed with a commercial building in 1968. The building has been used for commercial purposes since its construction. In 1974, the property was annexed to the city and zoned Residential 9,600 (R-96). The R-96 zone is the default zoning for property when annexed to the city unless the owner requests or the city determines a different zoning is appropriate. The city mistakenly zoned the property for single family residential in 1974. The City Council initiated the zone change on June 8, 2015 to correct this error. The most appropriate zoning is Residential Professional (RP). 

The property owner also owns property to the east in the O'Leary Subdivision (204 Emerald Drive). This property received a zone change in the County from R-96 to RP in 1976. In addition, lots further east on Emerald Drive were zoned Highway Commercial (HC). The property at 204 Emerald Drive was subsequently annexed in 1989.

 

NORTH:	Zoning: R-96 & Public Land Use: BBWA Canal
SOUTH:	Zoning: R-96 & Public Land Use: Alkali Creek - Parkland
EAST:	Zoning: RP Land Use: Home and small business office
WEST:	Zoning: R-96 Land Use: Vacant land and Single family home

Lois Schroeder and her son Michael Schroeder discovered the property located at 100 Emerald Drive did not have the appropriate zoning when Mr. Schroeder began planning for the construction of a personal storage garage at the business property. The current zoning, R-96, does not allow the construction of a personal garage unless a dwelling is constructed prior to, or at this same time, the garage is constructed. The Planning Division staff reviewed the zoning and annexation history of the property with the owners. The property owners discussed the issue with Council members from Ward I. The City Council initiated the zone change on June 8, 2015, at the request of the Schroeder family. There are 3 businesses currently located at the subject property: Wilson & Wilson Real Estate, EDM International, and Cline Production.

The Planning Division is recommending approval based on the proposed findings of the 10 criteria. The property has been in continuous use for small office space since 1968. The adjacent property is zoned RP and lots further east are zoned HC. The RP zoning is designed to be compatible with residential areas since it does not allow retail uses and most uses do not conducted business after normal business hours. The proposed zoning will ensure the property has the ability to maintain the structures and make improvements without additional financial risk.

The Planning Division recommends approval and adoption of the findings of the 10 criteria for Zone Change 937.