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| Zoning Commission | |
| Date: | 10/03/2023 |
| Title: | Zone Change 1036-1093 Lincoln Lane, N4 to N3 |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1036.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request from Suburban Neighborhood Residential (N4), a county zone district, to Suburban Neighborhood Residential (N3) on Lot 1A, Block 2 of La Ray Subdivision, a 9,387 square foot parcel of land. There is a concurrent petition for annexation to the city.
This zone change request is to allow for the annexation of the subject property with an existing residence to allow connection to city services like water and sewer. All annexations require the property be zoned with a zoning district that is recognized by the City. The property is currently zoned N4 which is a zone district only allowed in the county. It allows single family homes on lots from 15,000 sq ft up to an acre. In order for the property to annex into the city, a city zone must be applied to the property. In this case, the most similar zone is N3, also a single family zone.
APPLICATION DATA
OWNER: Lavonne Anderson
AGENT: Taylor Kasperick, Performance Eng.
LEGAL DESCRIPTION: Lot 1A, Block 2 of La Ray Subdivision
ADDRESS: 1093 Lincoln Lane
CURRENT ZONING: N4
EXISTING LAND USE: Single family residential
PROPOSED USE: Residential
SIZE OF PARCEL: 9,387 square foot
CONCURRENT APPLICATIONS:
Petition for Annexation
SURROUNDING ZONING AND LAND USE:
NORTH: Zoning: N4
Land Use: Single Family Residential (county)
SOUTH: Zoning: CMU1
Land Use: Vacant
EAST: Zoning: CMU1
Land Use: vacant
WEST: Zoning: NX3
Land Use: Residential Multi Family
The proposal for this existing lot is to annex into the City Limits of Billings. Connection to city services requires an annexation, and the annexation requires a zone change to a residential district in the city. The current N4 zoning is a close equivalent to the City N3 zone district. The property frontage on Wicks Lane has City of Billings sewer infrastructure as well as a Billings Heights water line that could be connected to the property. The Growth Policy encourages development of parcels adjacent to the City limits that are near City infrastructure so that it does not require a large infrastructure investment. This area of Billings Heights has a variety of zoning districts and uses in the City limits as well as the outlying county parcels. There is a vacant parcel of CMU2 to the east and south, N4 to the north and further south with single family dwellings. Then to the west is NX3 (in the City) with multi-family apartments, to the northwest is a Residential Manufactured Home zone with a mobile home park and to the southwest is the CMU2 zone where the Target store and commercial development is located. Though there are a variety of zones in the immediate area, a zone to continue the existing residential use is not incompatible to the surrounding zones.
This zone change request is to allow for the annexation of the subject property with an existing residence to allow connection to city services like water and sewer. All annexations require the property be zoned with a zoning district that is recognized by the City. The property is currently zoned N4 which is a zone district only allowed in the county. It allows single family homes on lots from 15,000 sq ft up to an acre. In order for the property to annex into the city, a city zone must be applied to the property. In this case, the most similar zone is N3, also a single family zone.
APPLICATION DATA
OWNER: Lavonne Anderson
AGENT: Taylor Kasperick, Performance Eng.
LEGAL DESCRIPTION: Lot 1A, Block 2 of La Ray Subdivision
ADDRESS: 1093 Lincoln Lane
CURRENT ZONING: N4
EXISTING LAND USE: Single family residential
PROPOSED USE: Residential
SIZE OF PARCEL: 9,387 square foot
CONCURRENT APPLICATIONS:
Petition for Annexation
SURROUNDING ZONING AND LAND USE:
NORTH: Zoning: N4
Land Use: Single Family Residential (county)
SOUTH: Zoning: CMU1
Land Use: Vacant
EAST: Zoning: CMU1
Land Use: vacant
WEST: Zoning: NX3
Land Use: Residential Multi Family
The proposal for this existing lot is to annex into the City Limits of Billings. Connection to city services requires an annexation, and the annexation requires a zone change to a residential district in the city. The current N4 zoning is a close equivalent to the City N3 zone district. The property frontage on Wicks Lane has City of Billings sewer infrastructure as well as a Billings Heights water line that could be connected to the property. The Growth Policy encourages development of parcels adjacent to the City limits that are near City infrastructure so that it does not require a large infrastructure investment. This area of Billings Heights has a variety of zoning districts and uses in the City limits as well as the outlying county parcels. There is a vacant parcel of CMU2 to the east and south, N4 to the north and further south with single family dwellings. Then to the west is NX3 (in the City) with multi-family apartments, to the northwest is a Residential Manufactured Home zone with a mobile home park and to the southwest is the CMU2 zone where the Target store and commercial development is located. Though there are a variety of zones in the immediate area, a zone to continue the existing residential use is not incompatible to the surrounding zones.
STAKEHOLDERS
The applicant held a pre-application neighborhood meeting on July 25, 2023, at 6 pm. The meeting was held at the Country Inn & Suites, 231 Main St. There were five property owners within the 300' mailing radius, who showed up to the meeting. The property owners in attendance had concerns about development of the adjacent CMU1 property to the south and east of the subject property. The applicants' agent, Taylor Kasperick, informed them the parcel 2A-1 was not a part of the zone change request. The other concern was if annexing would increase property taxes. Taylor explained that although property taxes may increase, the property value would increase with connections to the City services. The attendees were also advised that the removal of the septic system and seepage pit and tying into the City sewer system would be beneficial to properties in the area that have existing wells, reducing the possibility of potential contamination of water due to aging septic system. Detailed information and discussion are included in the minutes of the pre application meeting in the attachments.
The Zoning Commission will hold a public hearing for this zone change and the public is able to provide testimony during that time. The City Council will hold a subsequent hearing when considering the Zoning Commission's recommendation. The public hearing(s) were advertised in the Yellowstone County News, the property was posted, and notices were sent to the surrounding owners. No surrounding owners contacted the Planning staff prior to the writing of this report.
The Zoning Commission will hold a public hearing for this zone change and the public is able to provide testimony during that time. The City Council will hold a subsequent hearing when considering the Zoning Commission's recommendation. The public hearing(s) were advertised in the Yellowstone County News, the property was posted, and notices were sent to the surrounding owners. No surrounding owners contacted the Planning staff prior to the writing of this report.
ALTERNATIVES
The Zoning Commission may:
- Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1036; or,
- Recommend denial and adopt different findings of the ten review criteria for Zone Change 1036; or,
- Delay action on the zone change request for up to 30 days; or,
- Allow the applicant to withdraw the zone change request.
FISCAL EFFECTS
Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.
SUMMARY
Before making a recommendation to the City Council, the Zoning Commission shall consider the following findings of the ten review criteria:
1. Is the new zoning designed in accordance with the Growth Policy and Neighborhood Plans?
2. Is the new zoning designed to secure from fire and other dangers?
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
9. Will the new zoning conserve the value of buildings?
1. Is the new zoning designed in accordance with the Growth Policy and Neighborhood Plans?
The proposed zoning most conforms to the following City of Billings 2016 Growth Policy and Heights Neighborhood Plan guidelines:
Essential Investments (relating public and private expenditures to public values)
- The safety of all users and the connectivity of the transportation system are important criteria to consider in roadway designs and transportation plans.
- Infill development and development near existing City infrastructure may be the most cost-effective.
- Infrastructure and service investments that stabilize or improve property values, secure future utility costs, consider maintenance costs, and improve our environmental quality far into the future (i.e. energy efficient) are desirable.
Prosperity (promoting equal opportunity and economic advancement)
- A diversity of available jobs can ensure a strong Billings’ economy.
- Successful businesses that provide local jobs benefit the community.
- Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses.
- Retaining and supporting existing businesses helps sustain a healthy economy.
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning (N3) requires minimum setbacks, open and landscaped areas and building separations per section 27-300.5. The new zoning, as do all zoning districts, provides adequate building separations to provide security from fire and other dangers. Buildings developed within the city limits will comply with building and fire safety codes. There are no conformity concerns related to the existing home
3. Whether the new zoning will promote public health, public safety and general welfare?
The proposed zoning (N3) would allow the property to annex into the City of Billings and to connect the existing single family home which is similar to the surrounding area to connect to City utilities. The site and structure regulations found in 27-300.5 in the N3 district promote the minimum standards to ensure public health and safety and promote general welfare. Annexation and zoning of the property will promote public health with removal of an existing septic system and connecting to City sewer benefiting the already established wells in the area.
4. Will the new zoning 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 as the single family dwelling is already existing, no additional dwellings will be added. There will be no significant impact on the transportation network at this time. There are no capacity concerns as there are no additional vehicles expected.
Water and Sewer: The property currently has a well and septic system, concurrent application for annexation is in process. Upon annexation approval, the property will connect to Heights Water District and City of Billings sewer. Water and sewer are available in the adjacent right of way.
Schools and Parks: Schools and parks should not be significantly affected by the proposed zone change as the existing home on the property will remain and the possibility of greater development is extremely limited. The impacts are existing since the property is currently used as a single family residence and will continue with this use. Existing parks near the property that could be used by residents of the home include Two Moon Park, a County Park, to the west of the subject property and the linear park along Alkali Creek to the south at the bottom of the intersection of Lincoln Lane and Bench Boulevard.
Fire and Police: The property will be served by the City of Billings Fire and Police upon successful annexation. The Police and Fire Departments have not stated concerns with the request.
5. Will the new zoning provide adequate light and air?
Water and Sewer: The property currently has a well and septic system, concurrent application for annexation is in process. Upon annexation approval, the property will connect to Heights Water District and City of Billings sewer. Water and sewer are available in the adjacent right of way.
Schools and Parks: Schools and parks should not be significantly affected by the proposed zone change as the existing home on the property will remain and the possibility of greater development is extremely limited. The impacts are existing since the property is currently used as a single family residence and will continue with this use. Existing parks near the property that could be used by residents of the home include Two Moon Park, a County Park, to the west of the subject property and the linear park along Alkali Creek to the south at the bottom of the intersection of Lincoln Lane and Bench Boulevard.
Fire and Police: The property will be served by the City of Billings Fire and Police upon successful annexation. The Police and Fire Departments have not stated concerns with the request.
The proposed N3 zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air as required by the site a structure regulations found in 37-300.5. Any residential structure built or, more likely in this case, rebuilt in the future, must comply with the setback and separation requirements in Section 27-300.5 ensuring adequate light and air.
6. Will the new zoning effect motorized and non-motorized transportation?
The new zoning will have no significant effect on vehicle and pedestrian traffic. The property is intended to remain a single household and generate minimal trips. Additionally, the property is located adjacent to Lincoln Lane a roadway with adequate capacity to handle the existing residence.
7. Will the new zoning promote compatible urban growth?
The proposed zone change will not negatively impact urban growth. Any future home must be in compliance with the N3 zone and is an acceptable use of property within the City of Billings and further, the existing use of the property is also compatible with city development as single family homes is a prevalent residential style in Billings. It should be noted, the width of this property would not allow for future additional single family homes without a variance; under Table 27-300.5-1, N3 site restrictions require 65 feet of lot width for each single family dwelling. From a service standpoint, annexation and serving properties with nearby city services is ideal. This property is adjacent to water and sewer facilities. With all of these items considered, the new zoning allows compatible urban growth.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The new zoning will continue the existing developed property and preserve the character of the district. This area of Billings Heights has a variety of zoning districts and uses in the City limits as well as the outlying county parcels. There is a vacant parcel of CMU2 to the east and south, N4 to the north and further south with single family dwellings. Then to the west is NX3 (in the City) with multi-family apartments, to the northwest Residential Manufactured Home zone with a mobile home park and to the southwest is the CMU2 zone where the Target store and commercial development is located. Proximity of so many residential uses, although on different kinds, does not create compatibility issues.
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 new or redevelopment of the property will need to meet the applicable site development requirements in the zoning code, including landscaping, screening, building heights and setbacks for the N3 zoning district.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow a residential property outside the City limits of Billings to be annexed into the City and connect to City services, so the property can be used for a residential dwelling. There are no indicators the N3 zoning is not the most appropriate use of the land.