This is a zone change request from Residential 6,000 (R-60) to Public (P) on a 1.02 acre parcel of land within Lot 2, Block 1 of Westward Ho Subdivision. The applicant conducted a pre-application neighborhood meeting on October 6, 2015 at the subject property, West Side Baptist Church at 323 S 32nd Street West. The Zoning Commission conducted a public hearing on December 1, 2015 and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria.

Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another type of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district.

 

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.

The Planning staff reviewed the 10 criteria for the zone change and recommended approval to the Zoning Commission. The Zoning Commission concurred. The 2008 Growth Policy and the 2011 Infill Policy encourage predictable land uses in existing neighborhoods and the use of under-developed property where city services already exist. The church is selling a small piece of un-used land it owns on the eastern half of its lot for new dwelling units and retaining about 1.02 acres of the residentially zoned area. In order to provide predictable uses in the future, the church would like to expand the Public zone to eliminate the split zoning for the church's retained property. The retained property is almost 4 acres in area and will remain as church property into the future. The Public zoning allows church and assembly uses by right, whereas R-60 zoning requires a special review approval for any new church or substantial expansion of an existing one. The proposed zoning of Public will remove potential confusion over the use of the property for church purposes. The proposed zoning should have no impact or effect on city services, transportation, surrounding properties or value of buildings.

Prior to making its decision on the requested zoning, the City Council shall consider the findings of the 10 criteria:
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)  
  The proposed zoning would permit the church to normalize the zoning for the property and will add predictable and consistent zoning to the area. A split zoning could add confusion in the future when the church expands. The church has been located at this intersection since 1978 and preserving the use of the property for this assembly use is predictable.  
• Promote development of under-utilized property served by existing city services and infrastructure.
  The existing zoning is split on the new lot for the church. The piece of property to be sold for residential development does not coincide with the zoning boundary. Churches are allowed uses in the Public zone but are special review uses in the R-60 zone. The proposed zoning will allow the church to use the land in conformance with the zoning.

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 and public safety will be promoted by the proposed zoning. The new zoning will make the use of this land predictable for surrounding property owners and for future owners of the property. This will improve public health and safety and the general welfare of the adjacent neighbors.
 
4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will not have an impact on the surrounding streets. The church is not expanding with the zone change.  
Water and Sewer: The City provides sewer and water service to the property.  
Schools and Parks: The zone change will decrease the area zoned for residential uses and should have little or no impact on schools and parks  
Fire and Police: The subject property is already 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?
There will be no impact to the transportation systems in the area. No new building on the church property is planned at this time. The property sold for residential development has been subdivided and impacts to the transportation system were evaluated and mitigated.
 
7.   Will the new zoning promote compatible urban growth?
The new zoning promotes compatibility with urban growth. The proposed zoning will provide a consistent zoning for the church property and preserve this use into the future.  
 
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 churches and assembly uses. The property is located at the intersection of 2 arterial streets and is suitable for uses allowed in the Public zone.  
 
9.   Will the new zoning conserve the value of buildings?
The lot is currently developed with a +10,000 square foot church building and parking lot. Changing the zoning to be consistent throughout the lot will conserve the value of this building and surrounding buildings.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will encourage additional city infill development in the area and will allow the use of the church property to continue. The uses allowed in the Public zone are  appropriate at this street intersection.  



 

If the zone change is approved it will clarify and simplify the city assessments for services based on zoning - arterial construction fees and storm sewer maintenance. The property is exempt from property taxes but pays fees for services.

A zone change in 1995 approved a change from Residential 9,600 (R-96) to R-60 for the east half of the property.  The west half of the property was annexed in 1981 and the east half in 1982. The Westward Ho Subdivision was created in 1997 to separate a parcel to the north for sale and development of duplex dwellings (New Hope Drive). The Westside Baptist Church was constructed in 1981.

The city has approved several similar zone changes in the neighborhood since 1977. Most of these applications were to change from low density zoning (R-96) to medium density residential zoning (R-70 and R-60). The area is a mixture of low density and higher density residential zones including planned developments with mixed uses and zoning. This has provided a variety of housing choices in this area of West Billings.

The Westside Baptist Church recently decided to sell an un-used portion of their property for the development of new housing units east of the church.  The subdivision of the property does not follow the zoning boundary established in 1995. A smaller area for the housing development was divided and is under a sale agreement. The lot remaining for the church now has split zoning - Public and R-60. The church would like to move the Public zoning boundary to the new boundary line between the church and the new housing development.

The zoning to the north and east is R-60 and is developed or will be developed with residences. The zoning to the south is R-96, in the Lampman Subdivision. Property to the west is zoned Planned Development and is the Parkland West Subdivision on the north side of Monad Road and the Harvest Subdivision south of Monad Road. Both subdivisions have a mixture of single family, two-family and multi-family dwellings.
Monad Road and S 32nd Street West are both arterial streets. Monad is a minor arterial street and carries about 9,000 vehicles per day at this intersection. South 32nd Street West is a principal arterial street and carries about 15,000 vehicles per day at this location. The intersection is a fully controlled signalized intersection. The church is not planning any major expansion of the use of the property as part of this zone change. The small development to the east has been evaluated through the subdivision process for any anticipated traffic impacts. There should be no affect on transportation from the proposed zone change.
 

The Zoning Commission conducted a public hearing on December 1, 2015, and received the staff recommendation and testimony from the applicant's agent, Bill Stene. There was no other public testimony. Staff provided clarification on the new subdivision, the new housing development, and where the zoning boundary line is located relative to the new property lines.

The Zoning Commission is forwarding a recommendation of approval and adoption of the findings of the 10 criteria for Zone Change 944, on a 5-0 vote.

The Consistency with Adopted Policies and Plans is discussed in the Alternatives Analyzed section above.