Planning staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 992.

City Zone Change 992 – 117/119 Glenhaven Drive - A zone change from N3 – Suburban Neighborhood to N2 – Mid-Century Neighborhood on Lot 2, Block 29 of Lake Hills Subdivision, 5th Filing, an 18,466 square foot parcel of land. The purpose of the zone change is to allow an existing two-family dwelling to be conforming to the zone district. Presented by: Karen Husman, Planner I

APPLICATION DATA
OWNER: Eric Schnelbach
LEGAL DESCRIPTION: Lot 2, Block 29 of Lake Hills Subdivision, 5th Filing
ADDRESS:   117 & 119 Glenhaven Drive    
CURRENT ZONING: N3  
PROPOSED ZONING: N2
EXISTING LAND USE:  Residential Two-family
PROPOSED LAND USE:  Residential Two-family
SIZE OF PARCEL:   18,466 sf

CONCURRENT APPLICATIONS
None

SURROUNDING LAND USE & ZONING
NORTH:    Zoning: P1
Land Use: Open space (golf course)
SOUTH:    Zoning:  N3
Land Use:  Residential single family
EAST:    Zoning: N3
Land Use:  Residential single family
WEST:    Zoning: P1
Land Use: Open space (golf course)

BACKGROUND

The applicant is requesting to rezone the property from to allow the existing nonconforming use – a two-family dwelling – to be conforming with zoning. Duplex dwellings are not an allowed use in the N3 zone. The proposed zoning of N2 would bring the dwelling into conformity with zoning. 
The lots surrounding this property are zoned N3 and P1.  There are parcels in the NX2 and NX3 district south of Almadin Lane, and N2 zoned parcels to the east of Saint Andrews Drive.  The duplex structure was built in 1962, prior to zoning requirements and has been a residential duplex since that time.  The existing residential and accessory structures appear to meet the N2 zone district regulations for site and structure.  The owners are seeking a rebuild letter and do not intend any new construction or re-construction at this time.

The Zoning Commission may: 

• Recommend Approval of the Zone Change and adopt the findings of the 10 review criteria as recommended by Planning Staff; or,
• Recommend Denial of the Zone Change and adopt different findings of the 10 review criteria; or,
• Allow the Applicant to Withdraw the application.

Approval or denial of the proposed zone change should not have an effect on the Planning Division budget.

Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:

1.   Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change does conform to 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
· Neighborhoods that are safe and attractive and provide essential services are much desired
Home Base:
· A mix of housing types that meet the needs of a diverse population is important
· The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development
· Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe

The proposed zone change is consistent with the following goals of the 2006 Billings Heights Neighborhood Plan:
· To provide safe, good quality and affordable housing in the Heights. Develop housing patterns that are compatible with existing neighborhoods. Encourage high density multi-family development along arterial routes. Maintain similar housing in established neighborhoods.

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 existing parcel has already been developed and used as a two-family residential structure since it was built in the 1960’s.  The proposed zoning would allow the owner to acquire a rebuild letter under the new zoning. This will also allow the owner to reduce the risk associated with insuring the property and investing in property improvements.

4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:               The proposed zoning will have little impact on the surrounding transportation systems.
Water and Sewer:           The property has City water and sewer services. There will be no additional impacts to the system from the proposed zoning.   
Schools and Parks:         Schools and parks should not be significantly affected by the proposed zone change.
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 vehicle and pedestrian traffic.

7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow an existing structure to become conforming as a two-family residential structure.  

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 existing structure is compatible with the homes in the area.

9.   Will the new zoning conserve the value of buildings?
The value of existing building should be preserved 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 an existing structure to be rebuilt if it were destroyed.  This is an appropriate location for the zoning to allow additional density that already exists on this parcel.