Zoning Commission recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1036.

This is the second reading for Zone Change 1036, a request from Suburban Neighborhood Residential (N4), a county zone district, to Suburban Neighborhood Residential (N3) on Lot 1A, Block 2 of La Ray Subdivision, a 9,387 square foot parcel of land. There was a concurrent petition for annexation to the city that the Council approved by resolution when the first reading of the zone change was approved at the November 27 City Council meeting.

This zone change request is to allow for the annexation of the subject property with an existing residence to allow connection to city services like water and sewer. All annexations require the property be zoned with a zoning district that is recognized by the City. The property is currently zoned N4 which is a zone district only allowed in the county. It allows single family homes on lots from 15,000 sq ft up to an acre. In order for the property to annex into the city, a city zone must be applied to the property. In this case, the most similar zone is N3, also a single family zone.

APPLICATION DATA
OWNER: Lavonne Anderson
AGENT: Taylor Kasperick, Performance Eng.
LEGAL DESCRIPTION: Lot 1A, Block 2 of La Ray Subdivision
ADDRESS: 1093 Lincoln Lane
CURRENT ZONING: N4
EXISTING LAND USE: Single family residential
PROPOSED USE: Residential
SIZE OF PARCEL: 9,387 square foot

CONCURRENT APPLICATIONS:
Petition for Annexation 

SURROUNDING ZONING AND LAND USE:
NORTH: Zoning: N4
Land Use: Single Family Residential (county)
SOUTH: Zoning: CMU1 
Land Use: Vacant
EAST: Zoning: CMU1
Land Use: vacant
WEST: Zoning: NX3
Land Use: Residential Multi Family

The proposal for this existing lot is to annex into the City Limits of Billings.  Connection to city services requires an annexation, and the annexation requires a zone change to a residential district in the city. The current N4 zoning is a close equivalent to the City N3 zone district.  The property frontage on Lincoln Lane has City of Billings sewer infrastructure as well as a Billings Heights water line that could be connected to the property. The Growth Policy encourages development of parcels adjacent to the City limits that are near City infrastructure so that it does not require a large infrastructure investment.  This area of Billings Heights has a variety of zoning districts and uses in the City limits as well as the outlying county parcels.  There is a vacant parcel of CMU2 to the east and south, N4 to the north and further south with single family dwellings.  Then to the west is NX3 (in the City) with multi-family apartments, to the northwest is a Residential Manufactured Home zone with a mobile home park and to the southwest is the CMU2 zone where the Target store and commercial development is located. Though there are a variety of zones in the immediate area, a zone to continue the existing residential use is not incompatible to the surrounding zones.

The applicant held a pre-application neighborhood meeting on July 25, 2023, at 6 pm. The meeting was held at the Country Inn & Suites, 231 Main St. There were five property owners within the 300' mailing radius, who attended the meeting.  The property owners in attendance had concerns about development of the adjacent CMU1 property to the south and east of the subject property. The applicants' agent, Taylor Kasperick, informed them the parcel zoned CMU1 (Lot 2A-1) was not a part of the zone change or annexation request.  The other concern was if annexing would increase property taxes. Taylor explained that although property taxes and fees may increase, the property value would increase with connections to the City services.  The attendees were also advised that the removal of the septic system and seepage pit and tying into the City sewer system would be beneficial to properties in the area that have existing wells, reducing the possibility of potential contamination of water due to aging septic system.  Detailed information and discussion are included in the minutes of the pre-application meeting in the attachments.

The public hearing(s) were advertised in the Yellowstone County News, the property was posted, and notice of the zone change was sent to the surrounding owners. Due to an error in the public notification for the hearing scheduled for October 3, the applicants and agent requested the Zoning Commission postpone the request to the November meeting to allow proper notification. The Zoning Commission granted the request to delay the hearing to the Zoning Commission meeting on November 7, 2023. 

The Zoning Commission held its public hearing for this zone change on November 7, 2023, and received the staff recommendation of approval and testimony from the owner and agent. The owner, Lavonne Anderson, stated the reason for the annexation was a failing septic system drain field. She stated the agent, Performance Engineering, is also representing the owner of the adjacent parcel zoned CMU1, HS Management. The agreement HS Managements signed to buy the adjacent parcel included a stipulation they pay for annexation and sewer connections for the subject property. This agreement was based on the fact the septic system is on the land HS Management purchased and will develop for personal storage warehouses.

Scott Aspenlieder of Performance Engineering, the agent, stated he agreed with the staff recommendation of approval. The annexation will help improve the public health in the area by connecting this property to city sewer. Lavonne Anderson, the owner of the subject property, stated she was concerned about the adjacent development of the CMU1 property. She stated it was difficult since she was born and raised on the property and her parents lived in the home on the adjacent parcel until they were in their 90s. She stated there is abundant wildlife that use a corridor through the parcel to go to and from the Yellowstone River. Mrs. Anderson stated she was in favor of the annexation and zone change based on advice from her friends, family and church. She knows that connecting to the city sewer will increase her property value and save her a potential headache in the future.  There was no other testimony. Chair Mike Larson closed the public hearing. Commission member David Goss made a motion to recommend approval and adoption of the findings of the ten review criteria. The motion was seconded by Commission member Dan Brooks, and was approved on a 4 to 0 vote.

The City Council held its public hearing and first reading for this zone change on November 27, 2023. Staff presented the Zoning Commission's recommendation of approval. There were no members of the public present to testify in favor or in opposition.  The applicant's agent, Taylor Kasperick, Performance Engineering, concurred with staff and Zoning Commission recommendation and reiterated the intent of the annexation is to connect the property to the City sewer system. Currently, the property is served by an existing septic system permitted in 1970, with a drain field developed as a "seepage pit" system.  He said they were also working with the adjacent property owner HS Management, who are helping to annex and connect the property because the drain field is located on their property.  Taylor also said the goal is to have the property connected before the system fails.  The City Council approved the zone change on first reading by unanimous vote.

The City Council may:

• Approve and adopt the findings of the ten review criteria for Zone Change 1036 as recommended by the Zoning Commission; or,
• Deny and adopt different findings of the ten review criteria for Zone Change 1036; or,
• Delay action on the zone change request for up to 30 days at the request of the applicant or on its own motion; or
• Refer the application back to the Zoning Commission for an additional public hearing based on 1) new information submitted that the applicant and public has not had an opportunity to examine; or 2) new information has been presented that was never submitted or considered by the Zoning Commission or staff; or
• Allow the applicant to withdraw the zone change request.

The applicant has not requested a delay or withdrawal of the application.

Before making a decision the City Council shall consider the following findings of the ten review criteria:

1. Is the new zoning designed in accordance with the Growth Policy and Neighborhood Plans? 

• The safety of all users and the connectivity of the transportation system are important criteria to consider in roadway designs and transportation plans.
• Infill development and development near existing City infrastructure may be the most cost-effective.
• Infrastructure and service investments that stabilize or improve property values, secure future utility costs, consider maintenance costs, and improve our environmental quality far into the future (i.e. energy efficient) are desirable.

• A diversity of available jobs can ensure a strong Billings’ economy.
• Successful businesses that provide local jobs benefit the community.
• Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses.
• Retaining and supporting existing businesses helps sustain a healthy economy.

The Heights Neighborhood Plan encourages annexation of County parcels into the City.

2. Is the new zoning designed to secure from fire and other dangers? 3. Whether the new zoning will promote public health, public safety and general welfare? 4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement? 5. Will the new zoning provide adequate light and air? 6. Will the new zoning effect motorized and non-motorized transportation? 7. Will the new zoning promote compatible urban growth?
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?  
9. Will the new zoning conserve the value of buildings? 10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?