This is a zone change request from Residential 9,600 (R-96) to Residential 7,000 (R-70), on Lots 1 & 2, Block 3 ,and Lot 8,
Block 5, Silver Creek Estates Subdivision, a 7.99 acre parcel of land. The applicant, Boyer Land LLC, conducted a pre-application neighborhood meeting on September 28, 2015 at 2211 West Hollow Brook Drive. The Zoning Commission is recommending approval and adoption of the findings of the 10 criteria.

Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another type of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district.

 

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission;
• Deny the zone change and adopt different findings of the 10 criteria;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

The Planning Division reviewed the application and recommended approval to the Zoning Commission based on the findings of the 10 criteria
for zone changes. The Zoning Commission concurred. The proposed zoning is compatible with the existing zoning and is sensitive to the surrounding neighborhood. The proposed zoning will allow additional density in an area of Billings that has existing city infrastructure and can be easily served by city services. The maximum density allowed under the proposed zoning is 8 dwelling units per gross acre, a density similar to surrounding neighborhoods in Cottonwood Grove, Grand Peaks, and Mont Vista.

Prior to making its decision on the zone change, the City Council shall consider the following findings made by the City Zoning Commission:
1.   Is the new zoning designed in accordance with the Growth Policy?
      The proposed zone change is consistent with the following goal 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 undeveloped property within the Silver Creek Subdivision to develop in a similar pattern and density consistent with the surrounding property. The zoning district is compatible with the neighborhood character and land use patterns.

2.   Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum setbacks, 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. Development of the vacant land in the city will promote the public health and safety of the adjacent residential neighborhood by providing full development of streets.
 
4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:  The proposed zoning and subsequent development may have an impact on the surrounding transportation systems. The original subdivision provided a traffic study based on the existing zoning of the property. The City Engineering Division will work closely with the owner to ensure the existing analysis is still applicable given the new zoning on the 7.99 acres.   
Water and Sewer: The City will provide water and sewer to the property. There should be no additional impact to the system from the proposed zoning.   
Schools and Parks: There may be a limited impact to schools from the proposed zone change. Residential development is an allowed use in both the current zoning and the proposed zoning. The development plan is for primarily single family dwellings as either townhomes or individual lots.    
Fire and Police: The subject property will be served by city public safety services. The Police Department had no concerns with the zone change and the Fire Department will be involved in the future development whether as a subdivision or a Master Site Plan for a unit ownership. Access for emergency services will assured through this process. Fire Station #7 is about 2 driving miles to the south and west.    
 
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 may have a minor effect on vehicle and pedestrian traffic. Silver Creek Estates first phase has been completed and includes sidewalks and roads. The original subdivision approval included a traffic study to determine the appropriate level of traffic management and control. The proposed zoning will allow a slight increase in housing density and the traffic study may need to be updated to include the potential for additional dwelling units.
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow residential uses with an efficient density.
 
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 a mix of housing types in the neighborhood.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently vacant. The value of existing buildings should increase when the property is developed.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit residential dwellings of similar type and density as the surrounding neighborhood and is the most appropriate use of land at this location.
 

If the zone change is approved, city fees based on zoning will increase slightly. Additional dwelling units in the proposed new zoning will support the city's tax base.

The property was annexed into the city as a certificate of survey (C/S 3273) in 2006 and since no specific zoning district was requested, the default zoning of R-96 was applied to the property. There have been 6 similar zone change requests in the area since 1998, all for property subject to development through subdivisions within the city limits. Two parcels in the Grand Peaks Subdivision to the south and west were approved for a
zone change from R-96 to R-70 in September 2015. Cottonwood Grove, a subdivision north of Grand Avenue along the west side of 54th St West, was developed with the R-70 zoning requested at annexation in 2004. Mont Vista Subdivision, directly west of the subject property, was approved for a Planned Development zone that included a mixture of residential zones and densities in 2009.

This request will allow slightly higher density on three large lots within the recently approved Silver Creek Estates Subdivision west of 46th St. West and south of Rimrock Road. The current zoning, R-96, allows single family dwellings on lots of at least 9,600 square feet. The proposed zoning, R-70, would allow single family dwellings on lots of at least 7,000 square feet and two-family dwellings (either attached or detached) on lots of at least 9,600 square feet. The proposed zoning could allow a more efficient use of the large lots in a unit ownership development, such as townhomes or condo units, than the existing zoning of R-96.

Silver Creek Estates was subdivided with 7 larger lots to accommodate unit ownership development or possibly future subdivision of the larger lots. Three of these larger lots are the subject of the proposed zone change. The owner does not intend to develop attached two-family dwellings but may do so under the proposed zoning. The proposed zoning also allows groupings of single family detached dwellings so the lot area requirement for each unit is reduced. For example, a single lot of 20,000 square feet in the proposed R-70 zoning could allow a grouping of 4 single family dwellings either as 4 detached buildings or 2 duplex buildings. Silver Creek Estates consists of another 116 lots for one single family dwelling on each lot. The developer intends to gain 14 additional dwelling units on the lots subject to the zone change.

The applicant conducted a pre-application neighborhood meeting. None of the surrounding property owners attended the meeting. The Planning Division did not receive any comments, letters or emails from surrounding owners or city staff. The proposed zoning is similar to all the surrounding property and is compatible with the existing zoning and surrounding neighborhood.



 

The City Zoning Commission conducted a public hearing on November 3, 2015, and received the staff report and testimony from the applicant, Laura Boyer of Boyer Land LLC. No other testimony was received.

The Zoning Commission is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 5-0 vote.

The Consistency with Adopted Plans and Policies is discussed in the Alternatives Analyzed section above.