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| Zoning Commission | |
| Date: | 10/01/2024 |
| Title: | Zone Change 1056 - High Sierra - from N3 to N1, NX1, NX3, CMU1 and Public |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff is recommending denial of the proposed zone change based on the findings of the 10 review criteria for Zone Change 1056.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change for parts of two parcels in the High Sierra neighborhood in Billings Heights north of Skyview High School and adjacent to the existing city limits. The High Sierra neighborhood began development in 1984 and is still filing extensions of the subdivision to the north. There are now 21 filings for the High Sierra subdivisions. The original subdivision set out 44+ acres for a new high school for Billings Heights as well as the initial residential homes on Fantan, High Sierra Blvd, Picador Place, Siesta Ave, Morroco Blvd and others south of Sierra Grand Blvd. The original zoning consisted of a single family district, a commercial zone west of Gleneagles Blvd and the public zoning for the high school. The second filing of High Sierra was not filed until 2002 and divided land west of the high school for churches, civic uses and several other large parcels that ended up as city parkland. High Sierra Subdivision totals about 675 acres and has 264 vacant acres of land owned by builders, and 18 vacant acres of land owned by the school district (north of Sierra Grand Blvd). There are about 41 vacant acres of land owned by religious entities. About 50% of the total land area is not yet developed. Thirty-one percent of the developed land is for residential dwellings, with 204.4 acres (30%) of developed public land for parks, schools and other civic uses. Nearly 70% of the 675 acres is currently zoned N3 - Suburban Neighborhood, 30% is zoned Public 1 or Public 2. A very small percentage - 1.2% is zoned for residential use of more than one single family dwelling. This zoning is concentrated on the Wicks Lane frontage and consists of N2, NX2 and CMU1.
There are 1,000 residential dwellings built within the High Sierra subdivisions and 90% of these units are owner-occupied. This high percentage is unusual for most Billings residential neighborhoods, which consistently average about 65% owner-occupied. In addition, 70% of the High Sierra land area is zoned for single-family dwellings. This is a high percentage for most Billings neighborhoods, where 50 to 60 percent on average is zoned N3. One of the goals of the 2016 Growth Policy was to ensure that each neighborhood had a mix of housing choices available. This means that new neighborhoods or even existing neighborhoods should allow through zoning all the housing configurations including single-family, two-family, townhomes, patio homes and multifamily structures. Neighborhoods that allow this variety are also more financially sustainable for the community, and resilient to changing market forces. A homogenous zoning pattern can lead to fragility due to market forces, and the inability for the city to provide services to a geographically sprawled out neighborhood as costs continue to increase year over year.
The proposed zone change, however, is not entirely conforming to the 2016 Growth Policy to increase housing choices or with the existing Heights Neighborhood Plan. The proposed layout of the five new zone districts places all the higher density development on the very edge of the city limits where future development may or may occur. There are no plans for the 1,000+ acres north of High Sierra Subdivision and within the Limits of Annexation for the city. Most of this land is not owned by this applicant. Placing higher density zoning adjacent to land in the county zoned Agriculture when there are no impending plans for the continuation of city services or urban neighborhoods appears to be outside good planning principles. Good planning includes consideration of existing and proposed future land uses, ensuring compatibility between the developing areas and future development. Planning staff can surmise some of the potential future development based on the planned street network in this area, including the extension of Annandale Rd (arterial) to the west and Gleneagles Blvd to the north as another arterial. High Sierra Blvd is a collector street that does not extend north into the subject property except as shown on the proposed zoning map. For example, planning for a small amount of commercial zoning at the intersection of Annandale Rd and High Sierra Blvd makes sense as this neighborhood continues to build-out with no local or neighborhood services. The lack of these local services can contribute to traffic congestion by requiring a car trip for every necessity. The N1 zoning also makes sense to allow smaller lots and to allow the option for two-family dwellings. The proposed NX1 zone location appears to be applied with too broad a brush. The NX1 zone as defined and described is to allow up to 4-unit buildings that match the style and character of the N1 zone district. There are several areas where the NX1 zone is across the street from areas left in the N3 zone district. These areas would be better served with either an N1 or N2 zone district. Planning staff cannot make a recommendation of "partial" approval of a proposed zone change. This same restriction applies to the Zoning Commission and City Council.
The proposed zoning will change the potential future build-out impact of the High Sierra neighborhood. As previously mentioned, there are over 260 acres of undeveloped land proposed for residential use. Filings for the High Sierra neighborhood have always calculated the traffic and service impacts based on an assumed density of dwellings and residents. These impacts will need to be re-calculated based on the proposed zoning. This normally happens at the time of subdivision review and approval by the City Council. The lack of information on further development to the north, and the continued traffic problem of extending "dead-end" arterial and collector streets as well as water and sewer lines will be exacerbated by the proposed zoning. Arterial and collector streets are intended to create a whole network - not to be extended incrementally to a new dead-end. The recent completion of Skyway Drive from Alkali Creek Road to Highway 3 was a project that finally created after 20 years of planning and engineering an arterial connection outside the closed loop of arterials in Billings Heights. Gleneagles Blvd will eventually connect to the north to Alexander Road and Annandale Rd will eventually connect to Alkali Creek Road but this may also be 20 years in the future.
Planning supports zoning that allows a variety of housing options in neighborhoods. This application, however, needs refinement to ensure compatibility and connections to existing and planned city services and will not force higher densities to the edge of the city limits. The proposed zoning also is not conforming to the existing Heights Neighborhood plan that indicated that medium density neighborhoods should continue to the west of Lake Elmo Drive and Main Street. Planning recommends denial of this proposed zone change in this configuration.
There are 1,000 residential dwellings built within the High Sierra subdivisions and 90% of these units are owner-occupied. This high percentage is unusual for most Billings residential neighborhoods, which consistently average about 65% owner-occupied. In addition, 70% of the High Sierra land area is zoned for single-family dwellings. This is a high percentage for most Billings neighborhoods, where 50 to 60 percent on average is zoned N3. One of the goals of the 2016 Growth Policy was to ensure that each neighborhood had a mix of housing choices available. This means that new neighborhoods or even existing neighborhoods should allow through zoning all the housing configurations including single-family, two-family, townhomes, patio homes and multifamily structures. Neighborhoods that allow this variety are also more financially sustainable for the community, and resilient to changing market forces. A homogenous zoning pattern can lead to fragility due to market forces, and the inability for the city to provide services to a geographically sprawled out neighborhood as costs continue to increase year over year.
The proposed zone change, however, is not entirely conforming to the 2016 Growth Policy to increase housing choices or with the existing Heights Neighborhood Plan. The proposed layout of the five new zone districts places all the higher density development on the very edge of the city limits where future development may or may occur. There are no plans for the 1,000+ acres north of High Sierra Subdivision and within the Limits of Annexation for the city. Most of this land is not owned by this applicant. Placing higher density zoning adjacent to land in the county zoned Agriculture when there are no impending plans for the continuation of city services or urban neighborhoods appears to be outside good planning principles. Good planning includes consideration of existing and proposed future land uses, ensuring compatibility between the developing areas and future development. Planning staff can surmise some of the potential future development based on the planned street network in this area, including the extension of Annandale Rd (arterial) to the west and Gleneagles Blvd to the north as another arterial. High Sierra Blvd is a collector street that does not extend north into the subject property except as shown on the proposed zoning map. For example, planning for a small amount of commercial zoning at the intersection of Annandale Rd and High Sierra Blvd makes sense as this neighborhood continues to build-out with no local or neighborhood services. The lack of these local services can contribute to traffic congestion by requiring a car trip for every necessity. The N1 zoning also makes sense to allow smaller lots and to allow the option for two-family dwellings. The proposed NX1 zone location appears to be applied with too broad a brush. The NX1 zone as defined and described is to allow up to 4-unit buildings that match the style and character of the N1 zone district. There are several areas where the NX1 zone is across the street from areas left in the N3 zone district. These areas would be better served with either an N1 or N2 zone district. Planning staff cannot make a recommendation of "partial" approval of a proposed zone change. This same restriction applies to the Zoning Commission and City Council.
The proposed zoning will change the potential future build-out impact of the High Sierra neighborhood. As previously mentioned, there are over 260 acres of undeveloped land proposed for residential use. Filings for the High Sierra neighborhood have always calculated the traffic and service impacts based on an assumed density of dwellings and residents. These impacts will need to be re-calculated based on the proposed zoning. This normally happens at the time of subdivision review and approval by the City Council. The lack of information on further development to the north, and the continued traffic problem of extending "dead-end" arterial and collector streets as well as water and sewer lines will be exacerbated by the proposed zoning. Arterial and collector streets are intended to create a whole network - not to be extended incrementally to a new dead-end. The recent completion of Skyway Drive from Alkali Creek Road to Highway 3 was a project that finally created after 20 years of planning and engineering an arterial connection outside the closed loop of arterials in Billings Heights. Gleneagles Blvd will eventually connect to the north to Alexander Road and Annandale Rd will eventually connect to Alkali Creek Road but this may also be 20 years in the future.
Planning supports zoning that allows a variety of housing options in neighborhoods. This application, however, needs refinement to ensure compatibility and connections to existing and planned city services and will not force higher densities to the edge of the city limits. The proposed zoning also is not conforming to the existing Heights Neighborhood plan that indicated that medium density neighborhoods should continue to the west of Lake Elmo Drive and Main Street. Planning recommends denial of this proposed zone change in this configuration.
STAKEHOLDERS
The applicant conducted a pre-application meeting on June 12, 2024, at the Lake Hills Golf Course. The meeting was attended by at least a dozen property owners. The mailed notification area for this property is a 1/4-mile radius. Questions were mainly concerned with public safety, traffic and density within the area proposed for the NX3 zoning. The pre-application information is attached to this report.
Soon after the pre-application meeting, planning staff started to receive emails of opposition and concern about the proposed zone change. The planning staff has collated these emails and these are attached to the report. The primary concerns reflect those expressed at the pre-application meeting about traffic, higher density, public safety and school population. The planning staff posted the zone change at the closest public right of way in two places - the dead-end of Las Palmas and the southwest corner of Gleneagles and Cherry Hills Rd. A legal ad was published, the application details published on the Current Zoning Applications' web page, and notice was mailed to the 98 owners within 1/4-mile of the subject property.
Soon after the pre-application meeting, planning staff started to receive emails of opposition and concern about the proposed zone change. The planning staff has collated these emails and these are attached to the report. The primary concerns reflect those expressed at the pre-application meeting about traffic, higher density, public safety and school population. The planning staff posted the zone change at the closest public right of way in two places - the dead-end of Las Palmas and the southwest corner of Gleneagles and Cherry Hills Rd. A legal ad was published, the application details published on the Current Zoning Applications' web page, and notice was mailed to the 98 owners within 1/4-mile of the subject property.
ALTERNATIVES
The Zoning Commission may:
- Recommend denial and adoption of the findings of the ten review criteria for Zone Change 1056; or,
- Recommend approval and adopt different findings of the ten review criteria for Zone Change 1056; 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
There will be no impact of the Planning Division budget from the approcal or denial of the zone chaneg request.
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 not consistent with the following guidelines of the 2016 Growth Policy:
Strong Neighborhoods:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is not 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.
- 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 not consistent with the following goals of the Billings Heights Neighborhood Plan:
- Develop housing patterns that are compatible with existing neighborhoods.
- Encourage high-density multifamily development along arterial routes.
- Maintain similar housing in established neighborhoods.
The proposed zoning will allow a significant expansion of higher density residential use on a system of dead-end streets adjacent to undeveloped agricultural land in the county. The Growth Policy and Neighborhood Plan both encourage the development of a variety of housing choices, especially choices for low to moderate income families. This location is not appropriate for the proposed mix of neighborhood districts due to the uncertainty of the extension of the arterial and collector streets, and the adjacent undeveloped county land. There are few housing choices in this neighborhood, which consists almost exclusively of single family homes on larger lots. Adding housing choices will strengthen the neighborhood. However, the proposed zoning plan is not in conformance with the goals of the growth policy and neighborhood plan primarily due to the site location.
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, like all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers from other structures in the development. This location, however, cannot be secure from fire or other dangers posed by the system of incomplete and unconnected streets adjacent to undeveloped county land. Placing additional residential units at the very end of this system would prevent quick and efficient access throughout the neighborhood by fire and public safety services.
3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety will not be promoted by the proposed zoning. The additional dwelling units would impose an extra burden on the existing public safety systems for this area on the northwest edge of the Heights. The proposed zoning plan would not promote public health or general welfare by increasing the daily vehicle traffic demand at the very end of an unconnected system of arterial and collector streets. The developer would only be responsible for improving the subject property access, but not completing the connections of High Sierra Blvd, Annandale Road, or Gleneagles Blvd. The subdivision review would require the developer to pay some contribution toward these future improvements, but they would not be required automatically. Skyway Drive, the only arterial network street that connects to a location other than Main Street/6th Ave N was just completed this year. It took more than 20 years to plan, engineer and build this connection.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning will significantly increase post-development traffic volume on all the local and arterial streets. These are newer streets with most of the development occurring in High Sierra in the last 20 years. A traffic impact study (TIS) will be necessary at the time of development. The TIS may require some contribution to future improvements, but would not require the developer to pay all the cost to connect the un-connected arterial and collector streets.
Water and Sewer: The City can provide water and sewer to the property. High Sierra is within two different pressure zones for the water system. It is not served by Billings Heights water district. The existing water system would likely need to be looped to serve this parcel that is several hundred feet from the current end of the distribution system.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The student population will increase depending on the demographic of the new residents. The school district has banked land for a future elementary school in the subdivision. There are two public parks dedicated in High Sierra (one in 8th Filing and one in 14th Filing). Neither park has been developed. A park maintenance district has been established for the neighborhood. As new filings are submitted, the PMD expands, lowering the maintenance cost per household. Neither existing neighborhood park is within a 15-minute walk since there are no connecting streets built between the subject property and the existing street network.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments did not provide any comment on the proposed zoning. The planning staff is concerned about providing adequate access to the end of the street system to higher density housing.
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, like all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers from other structures in the development. This location, however, cannot be secure from fire or other dangers posed by the system of incomplete and unconnected streets adjacent to undeveloped county land. Placing additional residential units at the very end of this system would prevent quick and efficient access throughout the neighborhood by fire and public safety services.
3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety will not be promoted by the proposed zoning. The additional dwelling units would impose an extra burden on the existing public safety systems for this area on the northwest edge of the Heights. The proposed zoning plan would not promote public health or general welfare by increasing the daily vehicle traffic demand at the very end of an unconnected system of arterial and collector streets. The developer would only be responsible for improving the subject property access, but not completing the connections of High Sierra Blvd, Annandale Road, or Gleneagles Blvd. The subdivision review would require the developer to pay some contribution toward these future improvements, but they would not be required automatically. Skyway Drive, the only arterial network street that connects to a location other than Main Street/6th Ave N was just completed this year. It took more than 20 years to plan, engineer and build this connection.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning will significantly increase post-development traffic volume on all the local and arterial streets. These are newer streets with most of the development occurring in High Sierra in the last 20 years. A traffic impact study (TIS) will be necessary at the time of development. The TIS may require some contribution to future improvements, but would not require the developer to pay all the cost to connect the un-connected arterial and collector streets.
Water and Sewer: The City can provide water and sewer to the property. High Sierra is within two different pressure zones for the water system. It is not served by Billings Heights water district. The existing water system would likely need to be looped to serve this parcel that is several hundred feet from the current end of the distribution system.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The student population will increase depending on the demographic of the new residents. The school district has banked land for a future elementary school in the subdivision. There are two public parks dedicated in High Sierra (one in 8th Filing and one in 14th Filing). Neither park has been developed. A park maintenance district has been established for the neighborhood. As new filings are submitted, the PMD expands, lowering the maintenance cost per household. Neither existing neighborhood park is within a 15-minute walk since there are no connecting streets built between the subject property and the existing street network.
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments did not provide any comment on the proposed zoning. The planning staff is concerned about providing adequate access to the end of the street system to higher density housing.
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 a potential 670 new dwelling units will be between 5,000 and 6,000 new vehicle trips per day. This trip count includes trips to the new residences for services such as mail, delivery, solid waste and similar, as well as trips by the occupants. This increase in vehicle traffic would be about 75% more than existing traffic generated by residential development in the High Sierra. All of this traffic would have to use the "downstream" network to reach Wicks Lane and other arterial streets on a daily basis. Other types of traffic - schools, churches, assisted living - also contribute to the existing transportation volume. Adding this level of new traffic to an unconnected street system would have a negative effect both on motorized and non-motorized transportation. The bikeway and trail master plan indicated there would be mostly on-street bike facilities in this neighborhood. The only marked facility is on High Sierra Blvd north of Siesta Avenue to the current dead-end of the collector.
7. Will the new zoning promote compatible urban growth?
The new zoning does not promote compatibility with urban growth. The proposed zoning will allow this parcel to provide new housing that is not compatible with the adjacent undeveloped county land.
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 not consider the character of the district and the suitability of the property for the proposed use. The proposed zoning plan allows a higher density housing choice to be over 40% of the proposed land use in this small 53-acre area of High Sierra.
9. Will the new zoning conserve the value of buildings?
There are no existing structures on the property. New construction and development tends to raise property values on adjacent lots, but it is not known how this development may effect those values.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning is not the most appropriate use of the land. Some of the proposed zoning plan - N1, NX1 - may be appropriate if properly laid out. Additional density or commercial service districts may be appropriate in the future when there is connectivity of the arterial street system and the county land in the limits of annexation is prepared for development.
Attachments
- Zoning Map and Site Photos ZC 1056
- Chart of Zoning Hisotry ZC 1056
- Application and Pre App Info ZC 1056
- Applicant Letter ZC 1056
- Public Comment as of 9/20 ZC 1056