Item #2: City Zone Change 974 – 1004 Lewis Ave- from R-70 to RP - A zone change request from Residential-7000 (R-70) to Residential Professional (RP), on Lot 2B – 3B Amended Lot 1, VFW Subdivision, a 17,899 square foot parcel of land. A pre-application neighborhood meeting was held on September 14, 2019, at 1004 Lewis Avenue. Presented by: Karen Husman, Planner I.

Planning staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 974.

OWNER: KPCS, LLC
AGENT: Patti Stanfill
LEGAL DESCRIPTION: VFW Sub. Block 1, Lot 2B - 3B
ADDRESS: 1004 Lewis Ave
CURRENT ZONING: R-70
EXISTING LAND USE: Single Family Dwelling (built 1905)
PROPOSED USE: Office building
SIZE OF PARCEL: 17,899 square feet

None

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None.
SURROUNDING PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
1029 Lewis Ave	446	10/22/84	From R-72 to R-60	N
930 Yellowstone Ave including 900 block of Wyoming	216	7/24/78	R-72 to CC	Y	YWCA property
1127 Alderson	8	2/9/1973	R-60 to RP	Y

NORTH: Zoning: R-70
Land Use: Single family residential
SOUTH: Zoning:  CC
Land Use:  Eye doctor, Family Support Services & Apex Mortgage
EAST: Zoning: R-70 & CC
Land Use:  Elks Lodge
WEST: Zoning: R-70
Land Use:  Two-family townhomes

This is an application to change from Residential 7000 (R-70) to Residential Professional (RP) to build a new office building.  A pre-application neighborhood meeting was held September 14, 2019 at 2:00 p.m. on the property to discuss the proposed zone change.  The submitted meeting notes indicated the surrounding owners were supportive of the zone change to allow a new office space on the property.

The Planning staff has reviewed the application and is recommending approval based on the findings of the 10 review criteria. 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. This is an example of a good re-development project for this area.

Prior to any recommendation to the City Council, the Zoning Commission shall consider the findings the ten criteria as follows:
 
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.

The property is an under-developed large single family lot in the central part of Billings. It is situated at the intersection of a collector street (Lewis Avenue) and a local street (10th St W). The property is almost one-half acre in area and is missing a sidewalk along the east property. The single family dwelling, built in 1905, has lacked in updates and maintenance and is now more of a liability than an asset to the property. The proposed zoning requires any new development to install landscaping with a preference for it to be along the street frontage.  New buildings, sidewalks, landscaping and fencing would make this area of Billings more visually appealing to residents and visitors, and will serve as a buffer from the neighboring residential properties to the west.  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.
 
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 structure, a single family dwelling built in 1905. This out of date structure will be removed and the property can be used for commercial office space or other similar 9-5 businesses. Removing an uninhabited structure and developing the parcel will rejuvenate the property with new landscaping and sidewalks that do not currently exist.
 
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 negative effect on the existing transportation system. Lewis Avenue is a collector street that can handle any additional traffic that may be generated.
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 negative effect on the transportation systems. The single family residence, when occupied, would generate between 10 and 13 vehicle trips per day. A commercial office space would generate between 15 and 30 trips per day to this location depending on the type of services it provides. Lewis Avenue current handles over 5,000 vehicle trips per day at this location and this minor increase in traffic volume can be absorbed.
 
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 neighborhood service area with needed local services that are 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 an office space and improve the area with a new building.
 
9.   Will the new zoning conserve the value of buildings?
Approval of the zone change will conserve and possibly increase the value of the property by allowing redevelopment of the property.
 
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 commercial use. The adjacent land uses to the east and south make the proposed use the most appropriate use of land at this intersection.

Staff recommends approval of zone change 974 based on the findings listed in the summary section of this memo.