This is a zone change from Planned Development (PD) and Residential Multi-family (RMF) to Residential Professional (RP) on Lots 4-12 and 17-21, of Block 59, Foster’s Addition, and Billings Original Town, Block 269, Lots 4-11, a 1.12 acre parcel of land.  The Zoning Commission conducted a public hearing on July 5, 2017, and is forwarding a recommendation of approval based on 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 types 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 application and  recommended approval to the Zoning Commission based on the findings of the 10 review criteria. The Zoning Commission concurred with the recommendation. The proposed zoning and use of the property is compatible with the adjacent and surrounding land uses.  Since the property is directly adjacent to land zoned for residential purposes and used for residential dwellings, the requirements of Section 27-612(e), will need to be followed. These regulations, better known as Neighborhood Manners, restrict outdoor lighting, signage locations, waste storage and collection, as well as requiring screening and buffering of adjacent property. 

Prior to making a decision on the requested zone change, the City Council shall consider the following findings and criteria:
  
1.  Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:

• Essential Investments: Infill development and development near existing City infrastructure may be the most cost effective.  Neighborhoods that are safe and attractive and provide essential services are much desired.

New buildings, sidewalks, landscaping and fencing would make this area of Billings more visually appealing to residents and visitors. Infill development is the most cost effective since there is already infrastructure in place. Providing basic services near residential development is much desired and convenient to the local residential community.

• Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.

Rezoning the parcel will allow construction of the proposed medical building which will require employees and provide jobs that will be a benefit to the community.

•   Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.

The proposed zoning will allow the construction of the proposed medical building and clean up an area in Billings that has been underused and fallen into disrepair which attracts unwanted activity in the area.  New development will provide needed services and be more attractive than what has been on this land for many years.

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 current zoning of the parcel does not lend itself to single family housing because it is on the edge of a commercial development and a major road, 27th Street, and doesn’t provide for enough separation from the traffic noises or safety concerns.  Most of this property has fallen into disuse and neglect over the years. This has had a negative effect on the surrounding properties and neighborhood. Re-zoning this property would allow redevelopment and will promote the public health, safety and general welfare of the area.

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 any effect on the existing transportation system.
Water and Sewer:          The City provides water and sewer to the property. There will be no additional impacts to the system from the proposed zoning.
Schools and Parks:        Schools and parks should not be affected by the proposed zoning.
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 no effect on transportation systems.

7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to re-develop into a medical building which will provide needed service to Billings and the surrounding areas around Billings, and a lower traffic use for a medical building is compatible with the existing neighborhood.

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 the re-development of the land as a medical use and improve the area with new buildings, landscaping and separation from the major road, 27th Street, for the residential uses that it abuts.

9.   Will the new zoning conserve the value of buildings?
The property is currently mostly a vacant lot with 3 older residential building that have fallen into disrepair.  The proposed development of a medical building with landscape, new sidewalks, and buildings will most likely improve values in the neighborhood. Approval of the zone change will conserve the value of the existing surrounding buildings and the parcel will be improved by the proposed zoning.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow re-development of the land to a new medical building. Residential development on this property and more intense commercial development is not the most appropriate use of the land at this location.  A medical services development to buffer residential from higher intensity commercial development is the best use of the land.

If the zone change is approved, the property will likely develop as proposed by the owner for professional offices or medical uses. The property value will increase based on the value of those improvements. The City fees assessed based on zoning will be adjusted for the new zoning district. If the zone change is not approved, it is not likely a new development for residential purposes will be proposed by this owner. The land will remain mostly undeveloped.

APPLICATION DATA
OWNER: Campos/Dorn LLC
AGENT: Sanderson Stewart
LEGAL DESCRIPTION: Lots 4-12 and 17-21, of Block 59, Foster’s Addition and Billings Original Town, Block 269, Lots 4-11
ADDRESS: SW corner of 7th Avenue North and North 25th Street
CURRENT ZONING: Planned Development (PD) and Residential Multi-family (RMF)
EXISTING LAND USE: Vacant with Some Multi Family
PROPOSED USE: Medical building
SIZE OF PARCEL: 1.12 acres

This is a zone change request to allow a use on land that has stood mostly vacant for quite a few years. The lots were originally zoned residential. In 2007, a PD was created that is currently in  place. Although there has been some construction of multi family within the PD, the entire property has not developed as originally planned. Recently, the land has been vacant land with no new development that has on occasion attracted unwanted activity to the area. The current zoning of the PD would allow Residential Multi Family only. The proposed zoning,
Residential Professional, would allow the construction of professional offices and medical clinics that would be along a major corridor in Billings and similar to what is along the corridor now. The proposed zone change is only on a portion of the area that was originally zoned PD so that the
existing multi-family development will remain in compliance with the zoning regulations.

The Planning staff has reviewed the request and is recommending approval, the Zoning Commissions concurred with this recommendation, based on the proposed findings of the 10 criteria for zone changes. The zoning would make the proposed land more developable as a professional office or clinic development along a main corridor through Billings. The proposed zoning will stabilize the property value, allow for future investment in maintenance without risk to the property owners, and provides a needed choices in Billings. The proposal also is supported by the City's Infill Policy and 2016 Growth Policy. The guidelines for Essential Investments, Prosperity and Strong Neighborhoods in the 2016 Growth Policy include: Public right of way will be landscaped to be more visually appealing, infrastructure already in place, professional areas that encourage more pedestrian activity, provide local jobs, safe and attractive neighborhoods that also provide essential services. The proposed zone change is supported by these guidelines. The proposed zoning would allow the property to be re-developed into Residential Professional and redevelop an underutilized area in Billings.

The Zoning Commission conducted a public hearing on July 5, 2017, and received the staff recommendation and testimony from the owner and agent. The agent was the only person in attendance. There was no one else in attendance at the public hearing.

The Zoning Commission chairman closed the public hearing. A motion to recommend approval and adoption of the findings of the 10 criteria was made by Commission Member Dennnis Ulvestad and seconded by Commission Member Michael Boyett. The motion was approved on a 4 to 0 vote. Commission member Mike Larson was absent.

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