This is a zone change request from Controlled Industrial (CI) to Residential 6,000 (R-60) on Lots 16 & 17, Block 7 of Yegen Second Addition, a 7,000 square foot parcel of land. 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 forwarded a recommendation of approval and adoption of the findings of the 10 criteria on a 3-0 vote. The City Council conducted a public hearing and approved the zone change ordinance on 1st reading on April 23, 2018.  A second and final reading is required to approve of the zone change.The ordinance takes effect 30 days from approval on second reading.

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 ordinance 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. The Zoning Commission concurred with the recommendation.

The proposed zoning will allow the current residential use to be conforming to the zoning code. The current zoning does not allow residential uses without a special review. Financing improvements or sale of 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 neighborhood is stable, safe and conveniently located near services.

Prior to making a decision on the requested zone change, the City Council 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 guidelines of the 2016 Growth Policy:

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

The new zoning will increase city fees paid based on the new zoning of the property. The new zoning will stabilize the future marketability of the property and will stabilize the tax base for this property.
 

The Zoning Commission recommends approval and adoption of the findings of the 10 criteria for Zone Change 965 on a 3-0 vote.