This is a zone change request from Residential 9,600 (R-96) to Residential 8,000 (R-80) on proposed Lot 1, Block 4, Falcon Ridge Estates Subdivision 2nd Filing, a 1.67 acre parcel of land. The property is owned by Falcon Ridge II, LLC and the agent is Dennis Buscher. The owners conducted a pre-application neighborhood meeting on May 23, 2013, at the Yellowstone Country Club. The pre-application meeting notes are included as Attachment C. The Zoning Commission conducted a public hearing on July 2, 2013, and is forwarding a recommendation of approval on a 3-0-1 vote.

State law at Section 76-2-304, MCA, requires that all zone changes be reviewed in accordance with 10 criteria. Using the 10 criteria to determine the appropriateness of the zone change request, the City Council may:
1. Approve the zone change request
2. Deny the zone change request
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

If the zone change is approved, the fees assessed to the property for arterial construction and storm water system maintenance will increase.

The applicant is requesting to rezone 1 parcel in a proposed subdivision to allow additional dwelling units for patio homes. The proposed zoning is identical to 2 adjacent lots in Falcon Ridge Subdivision, 1st Filing that were developed for patio homes (The Villas at Falcon Ridge).  The lot is proposed to be 1.67 acres and under current zoning could have 7 single family detached patio homes. The proposed zoning would allow up to 14 single family dwellings or 7 duplex (2-family) dwellings. The current zoning only allows single family detached dwellings and proposed zoning allows single family detached or two-family attached dwellings. The proposal is to develop 9 single family detached patio homes similar in style to the Villas at Falcon Ridge to the east.

The property to the north is zoned R-96 and will have less density but should be compatible with the proposed zoning. Property to the east is zoned R-80 and Public. The area to the south is zoned R-70 and is either developed for single family dwellings or is vacant land. The neighborhood streets are all low volume residential streets with on-street parking. The proposed zoning should not have an impact on local streets.

The West Billings Neighborhood Plan indicates this are will develop for residential uses at a variety of densities including single family, two-family and multi-family dwellings. A commercial node at 62nd Street West and Rimrock Road has been approved but is not yet developed. The 2008 Growth Policy encourages the implementation of compatible zoning in existing neighborhoods. The proposed zoning and use is compatible with the area. The Planning staff did not receive any phone calls or letters of concern from surrounding owners.

The applicant conducted a pre-application neighborhood meeting on May 23, 2013 and two surrounding owner attended the meeting. The meeting notes are included in Attachment C. 

The Zoning Commission conducted a public hearing on July 2, 2013 and received the staff recommendation and testimony from Dennis Buscher, agent, and from Stan Helgeson, the proposed builder for the patio homes. No other persons testified. The Zoning Commission considered the staff recommendation of approval, the 10 criteria for the zone change, and the testimony of the applicant's agent and builder. Commission member Mike Boyett made a motion to recommend approval of Zone Change 914 and adoption of the findings in the 10 criteria and the motion was seconded by Dan Wagner. Commission member Barbara Hawkins stated she had a conflict of interest on this application because she and Mr. Buscher were partners in another development. The Commission approved the motion on a 3-0-1 vote.

The Planning Division reviewed the application and recommended approval based on the ten (10) criteria for zone changes. The Zoning Commission concurred with this recommendation. The subject property is adjacent to R-80 zoning to the east and is compatible with the R-96 and R-70 to the north, south and west. Uses allowed in the R-80 zoning are compatible with the surrounding zoning and neighborhood character. The 2008 Growth Policy and the West Billings Neighborhood Plan encourage predictable land use decisions that are consistent with neighborhood character and land use patterns. The existing use and proposed zoning are consistent with this neighborhood and land use pattern. 

Prior to any making a decision on the proposed zone change, the City Council shall consider the following 10 criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following goals of the Growth Policy:
• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6) 
The proposed zoning would permit the owner to increase the density of dwellings on the lot from 7 to as many as 14 units. The proposal is for 9 dwelling units. The proposed zoning is consistent with the neighborhood character and land use patterns. The proposed zoning is compatible with the existing and proposed uses.   
• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6) 
The existing zoning is restricted to single family residences on lots of at least 9,600 square feet. The proposed R-80 can allow single family dwellings on lots of at least 8,000 square feet or two-family dwellings (attached or detached on undivided lots) on lots of at least 10,000 square feet. The prosed zoning will allow more housing choices in this area.

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, safety and general welfare will be promoted by the proposed zoning. The owner will have the opportunity to establish a block of patio homes that will have common area around the homes. The homes will be connected to city services and have access to city streets. 

4. Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:  The proposed zoning will have no impact on the surrounding streets.

Water and Sewer:  The City will provide sewer and water to the property.  

Schools and Parks:  There should not be any impact to schools from the proposed zone change.

Fire and Police:   The subject property is currently served by the city Public Safety Services.

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 single family residence averages between 8 and 10 vehicle trips per day. This includes deliveries to the residence in addition to trips to and from by the occupants. The site will be developed to include access to streets, sidewalks and the off-street trail system in the area. The new zoning should not have any effect on existing traffic patterns.

7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The new zoning will allow an increase in density that is compatible with urban growth.  

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 district and the suitability of the property
for residential uses.

9. Will the new zoning conserve the value of buildings?
The proposed zoning will have a positive effect on the value of buildings in the area.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit single family or two-family dwellings and is the most appropriate use of the property.