The Zoning Commission recommends approval of Zone Change 979 and adoption of the findings of the ten review criteria.

This is a zone change request from R-70-R, a single family only zone district, to R-50 to allow the development of two-family dwellings. The proposed zone change would allow the prospective buyer, Trent Parks, to develop townhomes similar to the dwellings on the north end of Gleneagles Blvd. Those unit ownership developments - The Nest, Stewart, Granlund and Gleneagles - consist of one and two-level townhomes with attached garages. These townhome units are selling at above the median home price for Billings (>$250,000/unit). The proposed two-family townhomes on these lots would include a 3-car attached garage and a covered patio space. These would likely be at higher price point than the townhomes on Gleneagles Blvd.

The proposed lot layout would include nine two-family dwellings (18 total dwelling units) on the 2.4 acres of land. The maximum density of single family dwellings on this size of parcel with an R-50 zone is 20, while up to 13 two-family dwellings could be constructed (26 total dwelling units). The existing zoning of R-70-R could allow 14 to 15 single family dwellings. The proposed townhomes have a proposed main floor living area of ~1,450 square feet and about 870 square feet of attached garage space. The proposed townhomes include 3 bedrooms and a 230 square foot covered patio for each unit. The applicant has proposed a lot coverage variance to allow the 3-car attached garages and the covered patios. The Board of Adjustment approved the variance on July 1, 2020. A condition of the variance approval is approval of the zone change.

The lots are within the High Sierra Subdivision, 16th Filing, a subdivision that received preliminary plat approval from the City Council in March 2020. Each of the proposed lots is equal to or greater than 10,000 square feet, the minimum lot area required for a two-family dwelling. Mission Oaks Drive, the access road for this subdivision, is a proposed local street and will be constructed to the required minimum standards for a local street. The road connects to Morocco Drive on the east and Matador Avenue on the west. The three parcels directly south of the subject property are owned by School District #2 and is the likely location of a new elementary school for this growing area of Billings Heights.

Traffic in the area is between 5,000 and 6,000 vehicle trips per average weekday on Wicks Lane and Governors Boulevard. Traffic to the high school and middle school is not included in these traffic counts but likely adds a considerable number of trips to both arterial streets. There are no traffic counts available for Gleneagles north of Wicks Lane. The addition of a few extra dwelling units (R-70-R compared to R-50) would not add any significant number of additional daily trips to this area of High Sierra. When required, a subdivision application must submit a traffic analysis to the City Traffic Engineer to ensure new vehicle trips can be accommodated and any mitigation or improvements required can be paid for by the developer in advance. The current three filings of High Sierra - 14th, 15th, & 16th Filings - are required to make contributions to off-site intersection improvements. These contributions are part of the signed Subdivision Improvement Agreement (SIA) with the city.

The city adopted the Billings Heights Neighborhood Plan in 2006 and the new Growth Policy for the entire city in 2016. The Billings Heights Neighborhood Plan did not indicate any major changes for this area other than to keep the lower density residential development in place. Lake Hills Subdivision to the east and south has a variety of zoning districts that has allowed a complete range of housing choices from multi-family apartments, to townhomes to half-million dollar+ homes along the golf course, while keeping the overall neighborhood density on the low end of the development scale. A sustainable neighborhood allows this range of housing choices. For example, along Cherry Hills Rd, a newer section of Lake Hills, homes with back yards on the golf course are selling for $500,000+ while more modest homes on the north side of Cherry Hills Rd are selling for $100,000 to $200,000 less. To the west on Gleneagles Blvd are duplex townhomes for sale in the $250,000 to $290,000 price range (each unit). Further west in the R-70-R zone district of High Sierra prices range from $175,000 up to $370,000 for new homes. The R-70-R does not allow a variety of housing choices and the price ranges reflect the square footage of living space and off street parking as well as the finish materials.

The 2016 Growth Policy adopted several guidelines to help the city in an efficient and cost effective way. The Growth Policy adopted statement of purpose is: "In the next 20 years, Billings will manage its growth by encouraging development within and adjacent to the existing City limits, but preference will be given to areas where City infrastructure exists or can be extended within a fiscally constrained budget and with consideration given to increased tax revenue from development. The City will prosper with strong neighborhoods with their own unique character that are clean, safe, and provide a choice of housing and transportation options." As Billings continues to grow land use decisions should be based on the adopted growth policy statement and the guidelines with the policy. These guidelines encourage housing choices throughout the city's neighborhoods, providing safe and affordable housing while observing the unique character of each area as the city grows. The proposed zoning is supported by several growth guidelines including Strong Neighborhoods (livable, safe, sociable and resilient neighborhoods) and Home Base (healthy, safe and diverse housing options).

Prior to making a decision on the zone change the City Council, shall consider the findings recommended by the Zoning Commission.

1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
Strong Neighborhoods: Home Base:
The proposed zone change is consistent with the following goals of the 2006 Billings Heights Neighborhood Plan:
The proposed zoning will allow another housing choice in an area with primarily only one housing choice. The Lake Hills Subdivision to the east has allowed similar housing choices by allowing zoning to vary within the subdivision. Existing demand for housing choice is going up for all ages of buyers including “boomers” and millennials just buying a first home. The proposed zoning would allow a townhome choice in an area where the only choice right now is a detached single family residence on a larger lot. The overall density will remain essentially the same throughout the High Sierra Subdivision.

2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum setbacks, open and landscaped areas 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. The additional dwelling units will help increase the number of rate payers to the city utility systems and increase the taxable value of the property.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will not significantly increase post-development traffic volume. The applicant is paying assessments to the city for off-site traffic management at surrounding intersections.
Water and Sewer: The City provides water and sewer to the property.
Schools and Parks: Schools and parks should not be affected by the proposed zoning.
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?
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?
Traffic generation from 18 dwelling units will be between 180 and 250 vehicle trips per day. This trip counts includes trips to the new residences for services such as mail, deliveries, solid waste and similar as well as the trips by the occupants. The new subdivision will have sidewalks and will connect to other sidewalks and pedestrian facilities in the neighborhood. The new zoning will not have any increase effect on the transportation system.

7. Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to provide new housing compatible with the existing neighborhood.

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 the proposed use. The proposed zoning will allow a housing choice that is in demand in the area. The property is directly across the street for a potential new school and between two developing single family districts.

9. Will the new zoning conserve the value of buildings?
There are no existing buildings on the property and the closest existing residence is about 600 feet to the west on Vesca Way or 600 feet to the south on Sierra Granda Blvd.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the development of another housing choice in this area of Billings Heights. This is the most appropriate use of the land.

The Zoning Commission conducted a public hearing in a virtual format on July 7, 2020 and received the staff report and testimony from Gary Owen from Sanderson Stewart (agent for the owner), Trent Parks, builder for this project, and Landy Leep representing Oakland Companies, owner of property.

Planning staff received three letters of objection to the proposed zone change from surrounding owners. Those letters are attached to this report. Letters were received from Susan Pogue,1980 Morocco Drive; Ed & Crystal Hellier, 2000 Greenbriar Rd and Lauren & Barb Scholten, 2050 Vesca Way.

In response to questions from Commission members, Mr. Landy Leep and Trent Parks explained the price point for each of the 3-bedroom townhome units would be about $285,000 with some ranging higher depending on interior finishes. Mr. Leep stated the Oakland Company owns all the surrounding single family zoned lots and was impressed with Mr. Parks townhomes that are finishing construction up on the north end of Gleneagles Blvd. Mr. Leep stated Oakland Company has no concern with building single family homes adjacent to these townhomes.

There was no other testimony at the public hearing.

Approval of this zone change does not impact the Planning Division budget.