This is 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. The Zoning Commission conducted a public hearing on July 7, 2015, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 3-0 vote.

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission ;
• Deny the zone change and adopt different findings of the 10 criteria;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

If the zone change is approved the city fees based on zoning will increase. If the zone change is approved the property tax base will be sustained by allowing the property owner to further invest in property improvements without risking a substantial loss.

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 use 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.

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 with the garage. 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 reviewed the request and recommended approval based on the proposed findings of the 10 criteria. The Zoning Commission concurred with this recommendation. 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 conduct 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 Zoning Commission conducted a public hearing on July 7, 2015, and received the staff recommendation and testimony from the owner, Michael Schroeder. Mr. Ernie Szillat owner of property at 207 Emerald Drive testified in favor of the zone change. No other testimony was received.
Commission member Ulvestad made a motion to recommend approval and adoption of the findings of the 10 criteria for the zone change. The motion was seconded by Commission member Boyett. The Zoning Commission voted 3-0 in favor of the motion.

Prior to any recommendation to the City Council, the Zoning Commission 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 commercial building to continue in conformity with the zoning. The development has fit in well with the existing neighborhood for more than 40 years and continued investment in the property will preserve the neighborhood integrity. The proposed zoning, RP, is consistent with the neighborhood character and land use patterns on Emerald Drive.
• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6)  The existing zoning is restricted to single-family only residential uses. The proposed zoning will allow the retention of the commercial building and necessary improvements to the property over time.

 
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, safety and general welfare will be promoted by the proposed zoning. The nonconforming zoning discourages investment in the property.
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning should have no impact on transportation. 
Water and Sewer: The City provides water through the Billings Heights Water District and City sewer services to the property.  
Schools and Parks: There should not be any impact to schools from the proposed zone change.
Fire and Police: The subject property is currently served by the city Public Safety Services.
 
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 will not change since there is no expansion of the commercial building planned at this time.  
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The new zoning will allow investment in the property increasing property value over time.
 
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 district and the suitability of the property
for professional office uses. The location of the property on the west end of Emerald Drive makes it suitable for this use.
 
9.   Will the new zoning conserve the value of buildings?
The existing multi-tenant commercial building value will be conserved by the new zoning.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit an existing commercial use to continue in the neighborhood and is the most appropriate use of the property.