This is a zone change request for a property located on the southeast corner of the intersection of N 24th Street and 11th Avenue North. The existing zoning is Residential-7000 (R-70) and the proposed zoning is Residential Multi-Family-Restricted (RMFR). The requested zoning of RMF-R will allow the existing multifamily dwellings to remain on the property.  The legal description of this parcel is the North 100 feet of Lot 2, Block 8, Sunnyside Subdivision 2nd Filing, a 14,000 square foot parcel of land. The property is owned by Red Gate #2, Britt A. Romain. A pre-application meeting was held at the North Park Community Room on May 10, 2018. The Zoning Commission held its public hearing on July 10, 2018 and is forwarding a recommendation of approval.

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 (BMCC 27-1502) 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.

Prior to making a decision on the proposed zone change, the City Council shall consider the following findings as required by BMCC Sec. 27-1502(d):
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 multifamily use to be conforming to the zoning. The current zoning does not allow multi-family residential uses. 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. The neighborhood 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 multifamily structures on the property. The residential use fits into the neighborhood. The property is within walking distance of many services including medical services, shopping, parks, schools and transit. The location is within walking distance of downtown.
 
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 existing single and multifamily dwellings; the current zoning of the parcel does not provide certainty for future reconstruction of the multifamily residential structures. Investment in property maintenance and upgrades will carry less risk if the zoning is conforming to the property use.
 
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 building separations to allow for 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 the multi-family uses to continue 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 east 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?
Approval of the zone change will conserve the value of the property and will make the current development conforming to zoning. The new zoning will allow reconstruction of the existing structures. 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 multifamily structures to be re-constructed if necessary in the future. This is the most appropriate use of the land at this location.

If the zone change is approved, it could improve the property and market values of the subject property. Investing, selling or completing improvements to a property that is not correctly zoned can be difficult and can artificially depress the property value. If the zone change is not approved, the multi-family dwellings may continue as they exist under the non-conforming status.  




 

The requested zoning of RMF-R will allow the existing multifamily dwelling (four-plex) to remain on the property where the current zoning (R-7000) allows for only duplex dwellings and single-family dwellings.  Currently there are two duplex dwellings, one single family dwelling and one four-plex on the property, for a total of nine dwelling units.  The proposed zoning allows the existing multi-family use of the property to continue. However, if the zone change were to be approved, a lot area variance would be required to allow the existing nine dwelling units (attached or detached) to be rebuilt on the existing 14,000 square foot lot. 

The proposed zoning and use of the property is compatible with the adjacent and surrounding land uses. The 2016 Growth Policy supports the proposed zoning and use in this area of mixed uses and zoning. The proposed zoning also supports the Strong Neighborhoods and Home Base Guidelines: “Create and enhance strong neighborhoods that are clean and safe with streets and public places that provide convenient access for our most vulnerable citizens – our children and grandparents. Enable a home environment for all residents that is healthy, safe and affordable, and offers a choice of housing options."

The Zoning Commission held its public hearing on July 10, 2018, and received the staff recommendation of approval and testimony from the agent, Ken Pederson.  Mr. Pederson concurred with staff recommendation and added, if the zone change request is approved, the owner would be applying for a lot area variance to allow the number of units on the size parcel.  There were no members of the public present for comment. 

Commissioner Boyett made a motion to recommend approval and adoption of the findings of the findings of the 10 review criteria and the motion was seconded by Commissioner Larson.  The Commission voted 4-0 to approve the motion.

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