The Zoning Commission is recommending approval and adoption of the findings of the 10 review criteria for Zone Change 1057.

This is a zone change request for property legally described as a portion of Lots 6A-1 and 27A of the Sunny Cove Fruit Farms Subdivision, from Suburban Neighborhood Residential (N3) & Rural Residential 3 (RR3 – County) to Mid-Century Neighborhood (N2), an approximate 18-acre parcel of land. The proposed zoning would facilitate residential development. In order for these parcels to be developed, they will be annexed into the City of Billings. This will give access to municipal water and sewer, among other utilities. When properties are annexed into the City of Billings (City), they must also go through a concurrent process to have the property re-zoned to a City Zoning District. The N2 district is intended to continue the existing character of the residential neighborhoods with single- and two-family homes developed during the middle of the twentieth century. This district may also be used for new neighborhoods designed with similar characteristics of the mid-century neighborhoods. These characteristics include homes wide on the lot, proportionate garages located in the front façade, low pitched roofs, and doors and windows on the front facades. Building and garage location are specified in the regulations, with basic parameters for front doors and windows.
 

APPLICATION DATA
OWNER:	Thomas Romine
LEGAL DESCRIPTION:	A portion of Lots 6A-1 and 27A of the Sunny Cove Fruit Farms Subdivision
ADDRESS:	None
CURRENT ZONING:	Suburban Neighborhood Residential (N3) & Rural Residential 3 (RR3 – County)
PROPOSED ZONING:	Mid-Century Neighborhood (N2)
EXISTING LAND USE:	Vacant
PROPOSED LAND USE:	Residential Development
SIZE OF PARCEL(S):	18 Acres

 

SURROUNDING LAND USE & ZONING:
NORTH:	Yellowstone Club Estates – N3 Zoning
SOUTH:	Sunnycove Fruit Farms – RR3 Zoning
EAST:	Sweetgrass Creek - N1, N2, N3, NX1 and P1
WEST:	Sunnycove Fruit Farms – RR3 Zoning

Planning staff recommends approval and adoption of the findings for the 10 review criteria for Zone Change 1057 as detailed in the summary section of this report. The proposed Mid-Century Neighborhood (N2) is compatible with nearby existing facilities and would fit in well with nearby developments.

Planning staff notified the surrounding owners, published a legal ad, and posted the property as required by the zoning regulations. At the time this staff report was submitted, Planning staff has not received any correspondence on the proposed zone change from surrounding owners. A pre-application neighborhood meeting was conducted by the applicant on August 14, 2024, at the western end of Mared Street, and 22 persons signed the attendance sheet. The pre-application meeting notes and sign-in sheet are attached.

Zoning Commission Public Hearing
On October 1, 2024, The City of Billings Zoning Commission held a public hearing regarding this zone change. Staff presented their findings of fact and recommended approval based on the 10 review criteria. Chairperson McCall opened the commission for staff questions. Chairperson McCall then opened the public hearing and invited the public to speak. Over a dozen surrounding property owners, all of whom expressed concerns and resistance for the proposal, and cited several concerns about potential future development. The public was generally concerned about three main issues:

1. Lack of school capacity in the West End area.
2. The underdeveloped and unmaintained connector road, Mared Street.
3. The continuously diminishing underground aquifer serving the wells in the surrounding area (This property would not utilize wells as it would be on City Water and Sewer services).

The public was concerned the scale of any proposed development could impact schools, streets and the aquifer to the point of dysfunction. All the surrounding property owners along Mared Street, which is outside City limits, also stated their reluctance to connect to City Services, and were concerned the annexation of this nearby property and Mared Road will cause pressure to annex their property. Chairperson McCall closed the public hearing.

Commissioner Megarden made a motion for approval, which was seconded by Chairperson McCall. The Zoning Commission recommended approval on a 3-1 vote.
 

The City Council may take one of the following actions:

• Approve and adopt the findings of the ten review criteria for Zone Change 1057 per the Zoning Commission recommendation; or,
• Deny and adopt different findings of the ten review criteria for Zone Change 1057; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

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

Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.

Prior to any action by the City Council, the Council shall consider the following 10 statutory review criteria per the City Zoning Commission recommendation of approval:

1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
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.
  • Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill, and social interaction.
  • Safe and livable neighborhoods can be achieved through subdivision design that focuses on complete streets, pedestrian-scale street lights, street trees and walkable access to public spaces.
  • Neighborhoods that are safe and attractive and provide essential services are much desired Implementation of the Infill Policy is important to encourage development of underutilized properties.
• 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
  • Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings
  • Public safety and emergency service response are critical to the well-being of Billings' residents
  • Homes that are safe and sound support a healthy community

The proposed zoning will allow for a slightly higher density housing than the established N3 and RR3 Zone districts. The applicant is intending to develop the property in a way that allows for a large amount of duplexes, however no specific plans have been submitted to the city to the effect.

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. Additionally, the annexation of the property provides for municipal water service for the site. Any new construction on the site will follow applicable building codes. 

3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety are promoted by the proposed zoning. New construction on the site will follow building code requirements to ensure and promote public health, public safety and general welfare.  Public health and public safety will be promoted by the proposed zone change. 

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The existing zoning and new development will increase traffic on the adjacent street network. City Engineering will review any new development proposed to determine updates that may be required to any original traffic management plan. Surrounding intersections will be evaluated for any needed traffic management improvements. At this time, there are no immediate plans for a subdivision, master site plan, or building permit that would add any internal roads or connections to adjacent lots or streets.

Water and Sewer: The City provides water and sewer to the property. The utilities will be provided in accordance with the associated annexation agreement that is mutually agreed upon between the City of Billings and the Property Owner/Developer. This agreement is a strict condition of approval for annexations. Water and wastewater will be extended to the property via Rimrock Road. Per the annexation agreement, the Developer shall pay any water system and wastewater system development fee prior to the issuance of any building permits. 

Schools and Parks: Schools and parks may be affected by the proposed zoning. The proposed development does include residential uses, therefore, additional students due to this zone change would be anticipated. At the time of this staff report, SD #2 had reported all schools near the subdivision are near or over capacity.

Fire and Police: The subject property is served by city public safety services. The property is currently served by the Billings Fire Department and upon annexation will continue to be served. The nearest fire station is Fire Station 7 which is located approximately 1.60 miles miles away. The Police and Fire Departments expressed no concerns with the zone change.
 
5. Will the new zoning provide adequate light and air?
Similar to criteria 2 and 3, the proposed zone, like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant therefore any new structure(s) will be required to meet the standards required by Section 27-500.1 and Building Code Requirements. 

6. Will the new zoning effect motorized and non-motorized transportation?
The new zoning itself will not impact motorized and non-motorized transportation. Once developed, there will be increased volume to the transportation network, both motorized and non-motorized. A traffic impact study will be required if the proposed development is intended to create more than 500 Average Vehicle Trips per Day (ADT) and is delivered at the time of Master Site Plan or Subdivision Application.

7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing uses in the vicinity. Most of the city-zoned areas in the vicinity allow for single family homes and duplexes, which is the current plan for this development.

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 single family and duplex residential development. The proposed zoning is compatible with the adjacent zoning and existing development and uses in the vicinity. The property is suitable for the proposed use and will fit in the surrounding Subdivisions for Yellowstone Club Acreage, Sweetgrass Creek, and Glynn Abbey Subdivision.

9. Will the new zoning conserve the value of buildings?
The property is currently vacant, therefore the new zoning will not have an impact on the value of buildings for the parcel. Any new structures will need to be in compliance with zoning and building codes, therefore, there are no concerns related to the conservation of value of buildings on the parcels subject to the zone change.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The landowner has chosen the N2 zone as the most appropriate zone and intends to develop the property in accordance with the requirements of the zoning. A use like this is in the adjacent Sweetgrass Creek, and therefore does encourage the most appropriate use throughout the City of Billings.