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 recommended approval and adoption of the findings of the 10 criteria. The City Council approved the zone change on first reading on November 23, 2015. A second reading is required to pass an ordinance.

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. The City Council approved the zone change on first reading November 23, 2015.

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 Zoning Commission recommends approval and adoption of the findings of the 10 criteria for Zone Change 940 on a 5 to 0 vote.