Planning staff recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1024.

City Zone Change 1024 – 3100 Block of Central Avenue – A zone change request from Suburban Neighborhood (N3) to Mixed Residential 1 (NX1) on Central Acres 5th Filling, Block 9, Lot 1, a 13,072 square foot parcel of land. Tax ID: C01861
Presented by Karen Husman, Planner I

APPLICATION DATA
OWNER: Double Deuce Ventures
AGENT:  Leona Lee
LEGAL DESCRIPTION: Central Acres 5th Filling, Block 9, Lot 1
CURRENT ZONING:  N3
EXISTING LAND USE:  Vacant Land
PROPOSED USE:  Residential multi-family duplex
SIZE OF PARCEL: 13,072 sf

CONCURRENT APPLICATIONS:
None 

SURROUNDING ZONING AND LAND USE:
The proposed zoning would allow a vacant parcel to change to NX1 allowing infill development with multifamily housing.  There are other similar multi unit properties in the area and throughout this neighborhood, including a four-unit dwelling on the parcel to the east of the subject property, and on the property northeast.  Hunters Point apartments is to the southeast.  The applicant is proposing construction of the duplex (two-unit dwelling) on the property. The NX1 zone allows 1-4 unit structures.
 

Planning staff notified the surrounding owners, published a legal ad and posted the property as required by the zoning regulations. At the time this staff report was submitted, Planning staff has not received any correspondence on the proposed zone change from surrounding owners. A pre-application neighborhood meeting was held on March 3, 2023, at the Faith Evangelical Church at 3145 Sweet Water Drive. 

The Zoning Commission may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1024; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1024; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

In case of a tie vote on the zone change, the application will be delayed for 30 days until the next Zoning Commission meeting. The Zoning Commission must forward a recommendation with findings to the City Council. The applicant has not requested a delay or a withdrawal of the application at this time.  

Approval or denial of the proposed zone change will 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 zoning would allow development of a vacant parcel to be developed into multifamily housing. The proposed zone is consistent with the City’s Growth Policy and increases density without adding a large demand on city services. The Growth Policy supports infill development and this parcel would be developed in line with the surrounding neighborhoods. Under the current N3 zone district only single family dwellings are allowed, a change to the NX1 zone will allow development of this vacant parcel into more than one dwelling unit. The applicant is proposing two dwelling units (one duplex dwelling) and would be an appropriate transition from the adjacent fourplex to the east and the single family to the west on this arterial street. The Growth Policy encourages infill development and encourages a mixture of housing choices. The new zone is compatible with the adjacent developed parcels.

2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum build-to zones, open and landscaped areas, and building separations (found in section 27-307 of the zoning code) 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?
The proposed zoning (NX1) would allow the owner to ensure development is not intrusive to neighboring property and still allow compatible uses with the adjacent N1, N3 and NX1 zoning. The site and structure regulations found in 27-300.6 in the NX1 district promote the minimum standards to ensure public health and safety and promote general welfare. Public health and public safety will be promoted by the proposed zoning.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning itself will have little impact on the surrounding transportation systems. Impact on traffic will depend on the number of residents and drivers on the site after development. The NX1 Zone is intended to be along arterial corridors. Central Ave. is an arterial street designed to handle the potential additional traffic.
Water and Sewer: The property has City water and sewer services. The City Public Utilities has accounted for the possible increase in service demand for water and sewer services on this single infill parcel. The change to NX1 zoning would facilitate a review of the potential impacts of additional residential services.
Schools and Parks: The proposed zoning itself should not affect Schools and parks, this will depend on the new residents. Schools and parks should not be negatively affected by the proposed zoning. The School district had provided no comments on this 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?
Similar to criteria 2 and 3, the proposed NX1 zone, like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant therefore any new structure(s) will be required to meet the standards required by Section 27-300.6 under the NX1 zone. 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 itself will not impact motorized and non-motorized transportation. Once developed, there will be minimal increased volume to the transportation network, both motorized and non-motorized, off-street parking for the units will be provided. The sidewalk along the Central Ave. is already in place across the south side of the property, this will be updated and maintained promoting pedestrian safety.

7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. The proposed zoning will allow infill development of an underutilized parcel.

8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning will allow infill development of a vacant parcel into desired residential growth. The NX1 zone is compatible with the surrounding N1, N3 and NX1 and is considered suitable for the particular uses. The proposed zoning does consider the character of the district and the suitability of the property for the proposed use.

9. Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. Any development of the property will need to meet the site development requirements in the zoning code. For the NX1 zone, this includes building heights, setbacks, and window and door facade coverage.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow infill development of a vacant parcel into desired housing growth. This is an appropriate location for the zoning to allow additional density that is compatible with adjacent uses. The parcel directly adjacent to the east is a four unit residential dwelling, and there are several other multi unit developed properties in the area. This infill parcel developing as a two unit parcel will encourage an appropriate transition between a parcel developed with a fourplex and a parcel with a single family dwelling.