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| Zoning Commission | |
| Date: | 02/01/2022 |
| Title: | Zone Change 1007- Emma Jean Heights |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
APPLICATION DATA
OWNER: Chamberlain Construction, Charlie Felton, Felton Associates, Rodney & Mary Giesler, Jerry & Sandra Stoltenberg, Livelynye, LLC., Brent & Krista Montague, Kenneth & Denise Roesch, Green Jeans, LLC
AGENT: Charlie Felton & Kerry Martinson
LEGAL DESCRIPTION: Emma Jean Heights Sub. 1st Filing, Block 2, Lots 12-15, Emma Jean Heights Sub 2nd, Block 4, Lot 1,Block 9, Lots 10 & 11,1 Block 10, Lots 10 & 11, Block 19, Lot 1, Emma Jean Heights Sub 4th filing, Block 8, Lots 1-20, Block 9, Lots 12-20, Block 10, Lots 1-9, Block 11, Lot 4, Block 13, Lots 2-14
ADDRESS: Multiple
CURRENT ZONING: N2
EXISTING LAND USE: Residential single family and vacant lots
PROPOSED USE: Residential single family
SIZE OF PARCEL: Multiple
CONCURRENT APPLICATIONS
Several pending Building Permit applications for new construction
SURROUNDING LAND USE & ZONING
NORTH: Zoning: N2/N3
Land Use: Residential
SOUTH: Zoning: N2/N3
Land Use: Residential
EAST: Zoning: N2/N3
Land Use: Residential
WEST: Zoning: N2/N3
Land Use: Residential
STAFF REVIEW
This is a zone change request to change from N2 to N3. The proposed zoning would update the properties within the Emma Jean Heights Subdivision from a mixture of N2 - a zone that allows 1 and two family dwellings - to N3 - a zone that only allows single family dwellings. Both zone districts allow single family dwellings on individual lots. The N2 zone district was included in Project Recode map update for these parcels in an effort to keep the existing development moving forward with the same allowed uses as the previous Residential 7,000 (R-70) zone district. The previous R-70 zoning and the N2 zoning both allow single family dwellings as well as 2-unit dwellings. Planning Staff chose the N2 zone district as it closely resembled the previous zone (Residential-7000). The applicants are requesting the change to N3 for the undeveloped parcels as these current owners only intend to build single family dwellings, and to clarify the recently constructed single family homes that do not meet the N2 district requirements. During the transition from the previous zoning to the new zoning code, there have been a few building permits that were approved under the previous code and are now nonconforming under the N2 zone district. The change to N3 would bring the nonconforming structures into conformance. The zone change will also allow the developer to use existing house plans for the remainder of parcels in this portion of Emma Jean Heights Subdivision.
Project Recode was widely publicized and all property owners, developers and task forces were encouraged to attend the neighborhood meetings and public meetings to voice their opinions, concerns and recommendations on the proposed changes. After years of preparation and numerous working group meetings developing the code, the Zoning Commission and City Council held public hearings in the summer of 2020 through the end of the calendar year. The new zoning code and map were adopted by the City Council on January 25, 2021. The draft maps and new maps were available online for review and everyone was encouraged to view and comment on the changes. During 2021 there was a transition period allowing staff to make amendments to zoning on parcels and address minor changes or amendments that did not fit the new designation. The transition period ended, and these property owners are requesting a change to N3 on their properties to continue developing the parcels in uniformity with the previous suburban single family development.
The Planning staff has reviewed the request and is recommending approval based on the findings of the 10 review criteria. The adjacent zoning and development is similar and will provide continuity within the subdivision and between adjacent subdivisions. The adopted Growth Policy of Billings does support compatibility of development. The proposed zoning and uses are conforming to the growth policy and development can occur without disrupting the existing neighborhood fabric. Staff received several phone calls from residents within the subdivision asking for an explanation of the zone change and who initiated it. Staff explained the details and the residents were satisfied and were not concerned about their own property.
ALTERNATIVES
- Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1007; or,
- Recommend denial and adopt different findings of the ten review criteria for Zone Change 1007; 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
SUMMARY
Prior to any recommendation to the City Council, the Zoning Commission 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 guidelines of the 2016 Growth Policy:
Strong Neighborhoods:
- Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
- Neighborhoods that are safe and attractive and provide essential services are much desired
Home Base:
- A mix of housing types that meet the needs of a diverse population is important
- The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development
- Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
The proposed zone change is consistent with the following goals of the 2006 Billings Heights Neighborhood Plan:
- To provide safe, good quality and affordable housing in the Heights.
- Develop housing patterns that are compatible with existing neighborhoods.
- Maintain similar housing in established neighborhoods.
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 not be affected by the proposed zoning. The new zone would not change the public health, safety and general welfare status from the existing zoning.
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.
Water and Sewer: The City provides water and sewer to the property.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. School population may increase depending on the demographic of the new residents as homes are built.
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?
The new zoning designation itself should not have any increase effect on the transportation system. The N2 zoning may have brought in more dwelling units under the allowed density, therefore the proposed N3 may actually have less of an impact 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 subdivision to provide single family housing compatible with most of 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. Previous filings of Emma Jean Heights are built out in accordance with the N3 district. Therefore, allowing these additional lots to be constructed in the same pattern expands the already existing character. Further, the proposed zoning will continue to allow a housing choice that is in demand in the area and could be built in N2 or N3 zoning districts.
9. Will the new zoning conserve the value of buildings?
Both the N3 (new zone) and N2 (old zone) conserve the value of buildings and allow for single family dwellings. The existing homes in the neighborhoods are predominantly single-family homes and some homes that have already been constructed are built to the N3 standard. Therefore, the new zoning will not diminish the value of the existing neighborhood or the newly zoned property.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the continuance of an existing housing choice in this area of Billings Heights. Residential uses are the most appropriate use of the land.