City Zone Change 952 – 1236 & 1240 Avenue D – A zone change request from Residential 7,000 (R-70) to Residential 6,000 (R-60) on Lot 10A, Block 5 of Curtis Subdivision 3^rd Filing, a 23,800 square foot parcel of land. A pre-application neighborhood meeting was held at Territorial Landworks, 3333 2^nd Ave North on November 11, 2016. Presented by Nicole Cromwell, Zoning Coordinator

The Planning staff recommends approval and adoption of the proposed findings of the 10 criteria for Zone Change 952.

OWNER: Shahan Enterprises, Shaun Shahan
AGENT: Territorial Landworks, Jordan Olmquist
LEGAL DESCRIPTION: Lot 10A, Block 5, Curtis Subdivision, 3rd Filing
ADDRESS: 1236 and 1240 Avenue D
CURRENT ZONING: R-70
EXISTING LAND USE: Two 4-plex multi-family dwellings, one multi-family garage/storage space
PROPOSED USE: Same with the ability to re-build and re-finance the property
SIZE OF PARCEL: 23,800 square feet

None.

Subject Property - In 1983, the property proposed a zone change from R-70 to Residential Professional but the application was withdrawn by the applicant. The owner wanted to build a doctor's office on the corner where the current multi-family garage is located. The Planning staff and Zoning Commission did not support the zone change for this purpose.

Surrounding Property - The City has reviewed several zone changes in the area since the adoption of zoning in 1972. Eight of these zone changes were to change from a low density residential zoning to a higher density zone such as R-70, R-60 or RMF-R. Three of these 8 zone changes were recently approved for existing 2-family or multi-family properties to eliminate the non-conformity between the adopted zoning and the actual property development. These zone changes were approved. The remaining 5 zone changes date from the 1970s and 1980s. Three of these zone changes were approved, 1 was withdrawn and 1 was denied.

NORTH:	Zoning: RP & R-70 Land Use: Dental Office, Single family and two-family residences
SOUTH:	Zoning: R-70 Land Use: Single family and two-family residences
EAST:	Zoning: R-70 Land Use: Single family and two-family residences
WEST:	Zoning: Public, RP, R-60, CC Land Use: Evergreen Park, office building, single family and two-family residences, Evergreen IGA

↵This is a zone change request to allow an existing multi-family development to be conforming with zoning for the purposes of future financing, re-construction or conversion to unit ownership. A unit ownership would allow each apartment to be individually owned and group ownership of the common elements. The current zoning, R-70, only allows single family and two-family dwellings. The proposed zoning, R-60, also allow multi-family dwellings. The property consists of two 4-plex multi-family buildings (1236 and 1240 Aveneu D) and a garage storage building facing 13th Street West. The 4-plex apartments were constructed in 1950 and the 9-stall garage building was constructed in 1994. The garage units provide off-street parking and storage for the apartment residents.

The property is located on the southeast corner of the intersection off Avenue D and 13th Street West, a central and stable neighborhood in the City. There is a mix of zoning designations in the area including a Public zone for Evergreen Park - a wide boulevard style neighborhood park on Avenue D from 13th Street West to 15th Street West. There are 2 properties on 13th Street West zoned RP and developed for a dental office and general office space. North and east of the property is R-70 zoning and these lots are developed with single family and two-family dwellings. West across 13th Street West is R-60 zoning along Avenue C north of the Evergeen IGA. These lots are developed with single family and two-family homes. The zoning on the south side of Avenue C to Grand Avenue is CC. The intersection of 13th St West and Grand Avenue is a commercial node with a variety of businesses serving the adjacent neighborhoods including 2 grocery stores, pharmacies, gas stations as well as 3 bars and casinos.

13th Street West is a Collector Street that carries about 8,100 vehicle trips per day north of Grand Avenue. Avenue D is a local street so no traffic counts are taken on this street. The intersection is a 2 way stop controlled intersection.

The Planning staff has reviewed the request and is recommending approval based on the proposed findings of the 10 criteria for zone changes. The multi-family dwellings have existed within this neighborhood for over 60 years and are well maintained. The proposed zoning will stabilize the property value, allow for future investment in maintenance without risk to the property owners, provides a needed housing choice in this area of Billings, and is supported by the City's Infill Policy and 2016 Growth Policy. The guidelines for Strong Neighborhoods and Home Base in the 2016 Growth Policy include: "Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels, walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction, a mix of housing types that meet the needs of a diverse population is important, and homes that are safe and sound support a healthy community". The proposed zone change is supported by these guidelines. The proposed zoning would all the property to be converted to a unit-ownership in the future, allowing for more homeownership in the neighborhood.

Staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 952.