Zoning Commission 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. A pre-application neighborhood meeting was held on March 3, 2023, at the Faith Evangelical Church at 3145 Sweet Water Drive.

The Zoning Commission conducted a public hearing on May 2, 2023, and received the staff recommendation and testimony from the applicant Leona Lee, Double Deuce Ventures. Karen Husman, Planner, said there was a Letter and Petition submitted to staff after the staff report was completed.  She explained that there were ten signatures on the petition, and that none of the ten property owners were within the 150 foot radius requirement for a valid protest petition, so the letter simply was for ten residents opposing the zone change. There were three members of the public who spoke in opposition to the proposed zone change. Jason Tittle a resident living at 22 31st Street West, said he was present to support the four owners of the Meadow Vista Townhome four-plex to the east of the subject property, as well as the property owner directly adjacent the subject property to the west.  He said the property owners were in opposition to the zone change, stating concerns that more traffic using the alley would negatively impact the neighborhood who use the alley for access. He explained that their property only has vehicular access from the alley, they do not have access from Central Avenue or from 31st Street West. Toni Donahue, a resident living at 24 31st Street West (also the four-plex to the east), concurred with Jason Tittle.  Jerry Voto, a resident living at 3128 Lynn Avenue, said he is the resident that submitted the letter with the petition in opposition to the zone change. He said in addition to the items listed in the letter, the residents who signed the petition were in opposition because the additional traffic would negatively affect their properties on Lynn Avenue. He suggested they build a parking lot on the property to accommodate the shopping center to the west and the multifamily to the east. No other testimony was received.

Zoning Commission member Greg McCall explained that during the process of updating the zoning code, there were discussions about having a zone district only allowing single family housing. He said the discussions were concerning the availability of housing and if it were feasible and appropriate to have a zoning district only allow single family dwellings. He said they eventually settled on the N3 zone to be restricted to single family only.  Commissioner Goss stated that there is currently a bill before legislature (Senate Bill 323) that if passed will require all residential zoning districts in the state of Montana to allow multi-family (duplex) housing, and if approved it will eliminate our ability to restrict N3 zones to single family housing.  Mr. McCall said N3 zoning is an awkward zone on Cental Avenue and he did not feel a single family would be appropriate for this infill lot.  Zoning Commission Member Trina White concurred, and added that this lot would be better suited for a duplex rather than a single family or a four-plex. 

Zoning Commission member Trina White made a motion to recommend approval of the zone change and adoption of the findings of the 10 review criteria. The motion was seconded by Zoning Commission member David Goss and was approved on a unanimous vote.

The City Council 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.

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

Prior to any decision, the City Council, 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.