This is a zone change from Community Commercial (CC), Public (P), Residential 6,000 (R-60) and Residential Multi-Family (RMF) to Residential 9,600 (R-96) and Residential 6,000 Restricted (R-60-R) on Lots 10 through 12, Block 16; Lot 15, Block 17; Lots 1 through 4, Block 18; Lots 1 through 4 and 7 & 8, Block 19; Lots 25 through 27, Block 45; Lots 12A, 12B, 13A and 14 through 17, Block 46; Lots 8 through 13, Block 47; and proposed new Lots A through G to be created from golf course land, a total of 12.651 acres of land. All of the lots are currently vacant. Ron Hill is the owner and is represented by Marshall Phil, P.E. of Blueline Engineering. The owners conducted a pre-application neighborhood meeting on February 28, 2011, at the Lake Hills Clubhouse at 1930 Clubhouse Way. The pre-application meeting notes are included as Attachment C. The Planning Division received a valid protest petition from the owners within 150 feet of proposed Lots B and C, a letter from the owner of 494 Cherry Hills Road in favor of the zone change and a letter sent to the agent prior to the zone change application in opposition to proposed Lots B and C. These are included in Attachment D. The Zoning Commission conducted a public hearing on April 5, 2011, and is forwarding a recommendation of approval with the exception of proposed Lots B, C, and G on a 3-0 vote.

State law at MCA 76-2-304 requires that all zone changes be reviewed in accordance with 12 criteria. Using the 12 criteria to determine the appropriateness of the zone change request, the City Council may:
1. Approve the zone change request
2. Deny the zone change request
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

Since this zoning application has a valid protest filed against it for the new proposed Lots B and C, it is Planning Staff's opinion that if the City Council wants to make a motion to approve the zone change and include proposed Lots B and C, it will need a super majority to do so to overcome the valid protest petition. If the Council chooses to make a motion to approve the zone change excluding Lots B and C, then a simple majority would suffice.

If approved, the zone change to single family residential zones may reduce some City assessments currently charged against the existing multi-family and commercial lots, but this may be off-set by the creation of the new lots within the golf course area and the total asessments collected by the City for the rezoned lots and the new lots.

The applicant is requesting to rezone multiple lots within the Lake Hills Subdivision from CC, R-60 and RMF to R-60-R and R-96. In addition, the owner intends to create 7 new lots from property currently included in the Lake Hills golf course and re-zone these lots from Public to R-96. The applicant conducted a pre-application neighborhood meeting and submitted a request to change the zoning based on the meeting. The owner of 2107 Clubhouse Way submitted a letter of objection to the applicant’s agent (west of proposed Lot B) and one owner attended the pre-application meeting objecting to the creation of proposed Lot H (south of Glenhaven Drive). Proposed Lot H was not submitted with the zone change request due to objection of the adjacent owner and due to a utility easement that would have pushed the proposed lot too far into the existing golf course. The majority of the lots will be “down-zoned” from commercial uses and multi-family uses to single family residential uses. Two of the proposed lots to be created on Green Briar Road are adjacent to existing lots and would eliminate the golf course frontage for both of these lots. This is a significant issue for these lot owners in terms of property value, marketability, and how the new lots could have a negative effect on the value of existing buildings.

There is sufficient road access or road access will be developed to all of the lots proposed for the zone change. Gleneagles Boulevard is a principal arterial street and Annandale Road and Lake Hills Drive are collector streets. No traffic counts have been conducted on these streets as they are incomplete and adjacent development is not fully in place. Governor’s Boulevard – Gleneagles Boulevard north of Wicks Lane - carries approximately 3,430 vehicle trips per day south of Wicks Lane. The new zoning will not increase traffic on any residential, collector or arterial streets. The new zoning should produce less traffic than under the current zoning of CC, R-60 and RMF.

The Billings Heights Neighborhood Plan indicates a need for a variety of housing types including single family dwellings on smaller lots but similar to existing neighborhood character. The future land use plan indicates this area could be considered for mixed uses however, the development of retail or other commercial uses in the Lake Hills Subdivision more than a block north of Wicks Lane has not proven successful to date. This may change if transportation facilities improve and the Lake Hills Subdivision approaches build-out and the Dover Ranch property north and west of the subject property is developed. The designation of Gleneagles Boulevard as a principal arterial street may also change over time when other transportation facilities are planned and constructed. Currently, this arterial street dead-ends at the intersection with Annandale Road. Annandale Road is a minor arterial to the west of this intersection and a collector street to the east. The R-60-R zoning proposed for the lots with Gleneagles Boulevard frontage are a compatible zoning on this arterial street.

The owner of 2107 Clubhouse Way contacted the Planning Division prior to the Zoning Commission hearing. The owner is concerned with the loss of building property value if proposed Lot B is created and zoned R-96. Direct access to the golf course currently exists for the lots adjacent to proposed Lots B and C on Green Briar Road. This access would be cut off if two new lots were platted in front of the existing lots and golf course frontage would be eliminated.

The 2008 Growth Policy encourages the support of in-fill development and development of existing platted lots in subdivisions. The lots proposed for re-zoning to R-96 and R-60-R, with the exception of the new lots in the golf course, have been platted since 1957. The subdivision was annexed into the city in 1984. Lots have been developing slowly over a number of years and many were developed in the past decade. The Growth Policy also encourages compatible development in existing neighborhoods. The proposed zoning will be compatible with the existing Lake Hills neighborhood.

The Planning Division reviewed the application and recommended approval with the exception of proposed Lots B and C on Green Briar Road. The recommendation is based on the attached twelve (12) criteria for zone changes. The subject property is adjacent to single family zoning districts. The uses allowed within the proposed R-96 and R-60-R are compatible with the surrounding zoning and neighborhood character. Any development of the lots will require street improvements to provide access. The 2008 Growth Policy and the Billings Heights Neighborhood Plan encourages predictable land use decisions that are consistent with neighborhood character and land use patterns. The existing use and proposed zoning are consistent with this neighborhood and land use pattern. The Zoning Commission conducted a public hearing on April 5, 2011 and concurred with the Planning Division recommendation. In addition, at the public hearing the applicant requested that proposed Lot G also be excluded from the zone change since conflict with active play area of the golf course will occur on the proposed lot. The Zoning Commission is recommending approval with the exception of proposed Lots B, C and G on a 3-0 vote.

The Zoning Commission conducted a public hearing on April 5, 2011, and received testimony from the applicant, Ron Hill and agent, Marshall Phil. In addition, Roger Dallner owner of 2107 Clubhouse Way testified in opposition to the zone change.
Marshall Phil stated the reason for the zone change was to align the zoning to the overall plan for the build out of Lake Hills Subdivision. Originally, the Community Commercial and Residential Multi-family zoning was put in place in response to the transportation plan that showed Gleneagles Boulevard and Annandale Road as continuous principal arterial streets. Since 1974, the transportation plan for the area has changed and Gleaneagles Boulevard will not continue north of Annandale Road and Annandale Road becomes a minor arterial street west of the intersection with Gleneagles Boulevard. This indicates a Community Commercial zone is not warranted at this location. The existing neighborhood is primarily single family and the new owner, Ron Hill, desires to continue this pattern. Mr. Phil stated this will enhance the overall quality of the development. Mr. Phil stated he was in agreement with the Planning Division recommendation to remove Lots B and C from consideration. Mr. Phil stated the applicant could have asked for a delay to re-advertise the zone change but this would cause an unnecessary delay in the project and the applicant has a concurrent major preliminary subdivision application under review. The owner has discussed the issue of proposed Lots B and C with the owner of 2107 Clubhouse Way, Mr. Dallner, and does not want to pursue these lots at this time. In addition, Mr. Phil stated the owner would also urge the Commission to exclude proposed Lot G from the zone change. It was determined after submitting the application that Lot G would have too much impact on the active play area of the golf course.

Mr. Ron Hill of 2242 West Skokie and owner of the subdivision and golf course, testified that further development in the neighborhood is economically driven and the proposed zone change will enchance the ability to complete the subdivision. Lake Hills Subdivision was originally platted in 1957 and building has been gradual since that time. Mr. Hill stated he bought the remaining lots and the golf course a few years ago and has been working to make improvements since then. He noted that Mr. Dallner would still have about 10 feet of frontage along a non-play area of the golf course if Lot B is created and zoned residential. However, Mr. Hill also noted his concerns and concurs with the Planning Division recommendation to remove Lots B and C from consideration at this time. Mr. Hill also stated he would urge the Commission to remove proposed Lot G from consideration as well for the reasons stated by Mr. Phil.

Mr. Dallner of 4546 Laredo and owner of 2107 Clubhouse Way provided testimony in opposition specifically to the zone change for proposed Lots B and C. Mr. Dallner stated he intends to eventually condo the existing 4-plex rental apartments he owns and golf course access and frontage is important to preserving the value of these units. He stated he was in contact with Ron and he appreciates the work Mr. Hill has done over the last few years to improve the neighborhood and continue the development. Mr. Dallner stated he gathered the signatures for the protest petition against the zone change to preserve his and his neighbor's property value but is not in opposition to the remaining lots proposed for the zone change. Commission member Barbara Hawkins asked Mr. Dallner if he would withdraw his protest if Lots B and C were removed from consideration and Mr. Dallner he would withdraw if that were the case. He stated it has been a good experience working with Mr. Hill on this issue.

The Zoning Commission is forwarding a recommendation of approval with the exclusion of proposed Lots B, C and G on a 3-0 vote.

Prior to any action to approve or disapprove, the City Council will consider the recommendation of the Zoning Commission and shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following goals of the Growth Policy:
• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6)
The proposed zoning would allow single family development in a neighborhood that primarily consists of single family dwellings. Two proposed lots, B and C, may be inconsistent with the ,and use patterns in subdivision in so far that every lot platted with golf course frontage has access. Proposed lots B and C would eliminate golf course access to 2 existing lots.
• Contiguous development focused in and around existing population centers(Land Use Element Goal, page 6)
The proposed zoning will assist in the complete development of the Lake Hills Subdivision, first platted in 1957.

2. Is the new zoning designed to lessen congestion in the streets?
There should be no effect on traffic congestion. The existing property is vacant and adjacent streets including Gleneagles Boulevard are constructed to handle subdivision traffic. The proposed zoning will likely reduce the potential for traffic generation.

3. Will the new zoning secure safety from fire, panic and other dangers?
The subject property is currently serviced by all city services including police and fire. There should be no effect on these services.

4. Will the new zoning promote health and general welfare?
The proposed zoning in most areas proposed will benefit the existing neighborhood. The exceptions are the 2 proposed lots B and C that eliminate the existing golf course access from 2 existing lots.

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. Each lot will need to provide minimum lot area and required setbacks to property lines.

6. Will the new zoning prevent overcrowding of land?
The proposed zoning, like all zoning districts, contains limitations on the maximum percentage of the lot area that can be covered with structures. The proposed R-96 and R-60-R allows 30% lot coverage and 40% lot coverage respectively. The current CC zone allows up to 50% lot coverage, the R-60 zone allows 40% lot coverage and the RMF zone allows up to 55% lot coverage. The Public zone allows up to 50% lot coverage but does not allow any residential uses. The new zoning will ensure prevention of overcrowding of land.


7. Will the new zoning avoid undue concentration of population?
The new zoning does avoid undue concentration of population. The existing zoning, CC, allows the same number of dwelling units as the RMF-R zone (26 units per acre) and the RMF zone allows up to 76 units per acre. The R-60 zone can allow up to 20 units per acre by special review approval. The public zone does not allow residential uses. The proposed zoning of R-96 can allow up to 4 units per acre and the R-60-R can allow up to 7 units per acre. No multi-family uses are allowed in these zoning districts. The new zoning should avoid undue concentration of population.

8. Will the new zoning facilitate the adequate provisions of transportation, water, sewerage, schools, parks, fire, police, and other public requirements?
Transportation: The proposed zoning should not have any impact on the surrounding streets.
Water and Sewer: The City will be able to provide water and sewer to the property through existing lines.
Schools and Parks: There may be impact to schools from the proposed zone change.
Fire and Police: The subject property is currently served by city fire and police. There should be no impact to these services from the new zoning.

9. Does the new zoning give reasonable consideration to the character of the district?
The proposed zoning will allow the existing neighborhood to continue development as primarily a single family area. The proposed lots B and C will have a direct impact to existing lots and would not give reasonable consideration to these lots. The Planning staff is recommending approval of the zone change with the exception of these 2 proposed lots.

10. Does the new zoning give consideration to peculiar suitability of the property for particular uses?
The subject property is suitable for the requested zoning district with the exception of proposed lots B and C.

11. Was the new zoning adopted with a view to conserving the value of buildings?
The existing building value on 2107 Clubhouse Way and the vacant lot to the south will likely see a reduction in marketability due to loss of direct golf course access and golf course views from the creation and re-zoning of proposed Lots B and C. The remainder of the lots in the zone change request will conserve the value of surrounding buildings and land.

12. Will the new zoning encourage the most appropriate use of land throughout such county or municipal area?
The proposed zoning, with the exceptions noted above, will encourage the most appropriate use of land throughout the neighborhood.