City Zone Change 965 is a request to change zoning from Controlled Industrial (CI) to Residential 6,000 (R-60) on property located at 109 S. 35th Street and described as Lots 16 and 17, Block 7 of Yegen Second Addition. A pre-application neighborhood meeting was held on February 13, 2018, at the offices of High Plains Architects at 2720 Minnesota Avenue.  The Zoning Commission conducted a public hearing on April 4, 2018, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 3-0 vote.

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 Division reviewed the application and recommended approval to the Zoning Commission based on the proposed findings of the 10 criteria per BMCC, 27-1502. The Zoning Commission concurred with the recommendation.

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:

• Home Base: A mix of housing types that meet the needs of a diverse population is important; Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe.

The proposed zoning would allow the existing residential use to fconform to the zoning. The current zoning does not allow residential uses without a special review. Financing improvements or selling the property is unnecessarily complicated by the current zoning. The property provides a desirable and needed housing choice in the area dominated by single family housing. The neigborhood is stable, safe and conveniently located near services.

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

The proposed zoning will allow the current residential use to remain and the owner to reconstruct the home on the property. The residential use will fit into the neighborhood. The property is within walking distance of City services.
 
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 property has an existing single family dwelling; the current zoning of the parcel does not provide certainty for future reconstruction of the residential structure.
 
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 continue at this location and the use 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 is identical to the zoning south of the subject property and is an appropriate zone with the adjacent residential neighborhood surrounding it.
 
9.         Will the new zoning conserve the value of buildings?
The building on the property is currently in disrepair.  Approval of the zone change will conserve the value of the property and will make the current development conforming to zoning and allow reconstruction of the existing dwelling. The value of existing buildings and the parcel will be improved and conserved 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 the existing dwelling to be re-constructed if necessary in the future. This is the most appropriate use of the land at this location.

This is an application to change Controlled industrial (CI) to Residential-6000 (R-60) zoning. The property to the north and east is CI and has developed as single-family homes with more commercial development to the north of 1st Avenue South. The property to the south is zoned primarily R-60 and is low density residential.   The property is in a subdivision that began building in the 1920’s and was in existence when zoning was implemented in 1972.  

The current zoning of CI is intended to allow a variety of commercial and industrial uses. CI zoned property can be used for residential purposes with a Special Review approval, however this will still limit the ability to expand or rebuild a larger residence.  The property has two residential dwelling units on it that were constructed in 1920.  The applicant intends to continue the residential use and to improve and update the existing structures.

The Zoning Commission conducted a public hearing on April 4, 2018, and received the staff recommendation and testimony from the applicants agent, Emarnie Skelton, High Plains Architects.  Emarnie stated the applicant had approached them to do some improvements on the property, and after researching for the project it was discovered the residential use was non-conforming to the current Controlled Industrial zoning.  There was no other testimony or discussion.
 
Commissioner Ulvestad moved to recommend approval and adoption of the findings of the 10 criteria. The motion was seconded by Commissioner Boyett. The motion was approved by a unanimous vote.

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