This is a zone change request from Residential 6,000-Restricted (R-60-R) and Residential 9,600 (R-96) to Residential 5,000 (R-50) on Lots 1, 2, 3 and 4, Block 18, Lots 3 and 4, Block 19, and Lot 11, Block 16 of Lake Hills Subdivision, 15th Filing; and Lots 4 and 5, Block 5 of Lake Hills Subdivision, 33rd Filing, a total area of 3.52 acres of land. A pre-application neighborhood meeting was held at the subject property on August 10, 2016. The lots are currently vacant. The Zoning Commission conducted a public hearing on October 4, 2016, and is forwarding a recommendation of approval except for Lot 11, Block 16 Lake Hills Subdivision, 15th Filing, on a 4-0 vote.

Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another type of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district.

 

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission;
• Deny the zone change and adopt different findings of the 10 criteria;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

The Planning staff recommended approval to the Zoning Commission based on the proposed findings of the 10 criteria. The Zoning Commission concurred with the recommendation except for the lot on the southeast corner of the intersection of Gleneagles Boulevard and Cherry Hills Road. The Zoning Commission determined this lot, currently zoned R-96, should remain R-96 since all the remaining lots to the east and south within 1/4 mile of the intersection were also zoned R-96. The Zoning Commission determined the proposed R-50 for this single lot would be out of character for this section of Lake Hills Subdivision. The applicant submitted a request to withdraw this lot from zone change application the day following the Zoning Commission hearing. For the remaining 8 lots in the zone change, the Zoning Commission found the proposed zoning will meet the intent of the City's Infill Policy by developing vacant lots within the City where infrastructure is close by and the land is already annexed. The proposed zoning meets several of the growth guidelines adopted in the 2016 City of Billings Growth Policy, including allowing a variety of housing choices, extension of infrastructure adjacent to existing infrastructure, an infill development that will be cost effective, and ensuring a connected, walkable street network. The proposed zoning will not be detrimental to the surrounding development either planned or existing, and it will not measurably increase the planned traffic for the surrounding street network.

Prior to making a decision on the requested zone change, the City Council shall consider the following:
 
1.   Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change with the exception of Lot 11, Block 16 of Lake Hills Subdivision, 15th Filing, is consistent with the following guidelines of the 2016 Growth Policy:

• Home Base: A mix of housing types that meet the needs of a diverse population is important.

The proposed zoning would allow this developer to offer a new housing choice in this neighborhood. This will ensure those with mobility concerns have housing choices in the neighborhood since the units are proposed as single level.

• Strong Neighborhoods: Implementation of the Infill Policy to encourage development of underutilized properties.

The proposed zoning will allow the developer to fully utilize these parcel and support the cost of extending infrastructure to these parcels.  
 
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 be promoted by the proposed zoning. The existing parcels are vacant and new infrastructure for roads, utilities, sidewalks and utilities will need to be installed prior to building the proposed townhomes. The proposed zoning would allow the developer to market these housing units to a broad range of buyers including older residents, and those who need or desire a single level living space. The slight increase in density will help support the needed infrastructure for this development.
 
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 little impact on the surrounding transportation systems.

Water and Sewer: The City will provide sewer to the property. The water service will be through Billings Heights Water District. There will be no additional impacts to the system from the proposed zoning.   

Schools and Parks: Schools and parks should not be significantly affected by the proposed zone change.

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 will have no effect on vehicle and pedestrian traffic. The City Engineering Division will determine the required street, utility and sidewalk improvements required for the development of these lots. The costs of these improvements will be the responsibility of the developer.
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow a greater variety of housing choices in this growing area of Billings Heights.  
 
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. Townhomes are compatible with the existing homes in the area.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently un-developed. The value of existing buildings should not be affected by the proposed zoning and townhome development.  
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow a new housing choice in this part of the Lake Hills Subdivision. This is an appropriate location for the zoning to allow additional density on a principal arterial street.

 

If the zone change is approved and the lots are developed the City's tax base will increase. City fees will be adjusted to the new zoning when the lots are developed.

In 2011, these lots along with others owned by Ron Hill, were the subject of Zone Change 875. The lots north of the intersection with Cherry Hills Drive were zoned Community Commercial (CC) and the lot on the southeast corner was zoned RMF. The zone change placed all of the lots north of Cherry Hills Drive in the R-60-R zoning district and the single lot south of the intersection in the R-96 zone.

In 2005 and 2007, two similar subdivisions applied for zone changes to the R-50 zoning district to allow a wider choice of housing types. In 2005, the Twin Oaks subdivision received a zone change from R-70 to R-50. This subdivision is in the Billings Heights south of the Lake Hills Subdivision. In 2007, the Grand Peaks Subdivision on Billings west end requested R-50 for the east half on the subdivision north of Grand
Avenue. This subdivision has a mixture of townhomes as either single family homes, two-family or multi-family dwellings. The development also offers single family dwellings on separate lots.

The applicant is requesting a zone change to facilitate the development of townhomes - attached and detached - on lots in the Lake Hills Subdivision. The current zoning of R-60-R and R-96 only allows detached dwellings on larger lots than the proposed zoning. The proposed zoning allows 1 detached dwelling on a lot of 5,000 square feet or 2 attached or detached dwellings on a lot of 8,000 square feet. If the lots are aggregated on each side of Gleneagles Blvd, additional townhome units could be developed by sharing the common area between the structures. The proposed zoning allows a 40% lot coverage, so single level dwellings can be constructed without sacrificing living area. The applicant intends to market these new units to those buyers desiring single level living space.

These lots have been platted since the original Lake Hills Subdivision in 1957, but have not yet been developed. Infrastructure is slowly extending to the north and west of the golf course. The original intent of these lots was to create another commercial node similar to
the developed area south and west of the golf course at West Wicks Lane and Gleneagles Blvd. The size of the commercial area and the lots platted, does not lend itself to a Community Commercial development. In addition, the CC zone allows some uses by special review that may not be desirable in the area. In 2011, the owner changed the zoning from CC and RMF to R-60-R and R-96, due to changing market demand. The new owner desires a slightly higher density. The current zoning would allow up to 7 units per acre and the proposed zoning would allow up to 10 units per acre. The surrounding zoning is mixed and includes R-96, R-70-R, R-60-R, RMF and CC zones. The proposed zoning is compatible with this area and the surrounding zoning and development.

There is very little traffic in the area since it is under development at this time. As street connections are made and homes constructed, traffic will increase on adjacent collector and arterial streets. Gleneagles Blvd is a designated principal arterial street and Annandale Road is a minor arterial street. Lake Hills Drive is also a collector street. No regular traffic counts have been established in this area north of Wicks Lane. The traffic on Wicks Lane at the intersection with Gleneagles Blvd. was last measured at about 7,300 vehicle trips per day. Traffic counts are taken when public schools are not in session so results are not skewed. Wicks Lane is a principal arterial street and this is not an unexpected traffic volume. Principal arterials normally handle this volume of traffic. The proposed zoning should not have a measurable effect on expected traffic volumes on Gleneagles Blvd. or any of the adjoining streets.

The applicant conducted a pre-application meeting and 2 persons attended and provided comment. The original proposal was to change the zoning to R-60. After the neighborhood meeting, the applicant proposed the zoning of R-50 in response to comment from the attendees. The Planning Division received a letter of comment on October 4, 2016, from Ron Hill, the former owner of these lots. He voiced objection to the zone change only for the lot south of Cherry Hills Drive currently zoned R-96. He stated he would remove his objection if the owner agreed to change the zoning or deed restrict the lot directly west across Gleneagles Boulevard that is currently zoned RMF, but was not included in the proposed zone change. The applicant owns this lot as well.
 

The Zoning Commission conducted a public hearing on October 4, 2016, and received the staff recommendation, testimony from the applicant Trent Parks, the letter from Ron Hill objecting to the zone change for Lot 11, Block 16, testimony from a property owner adjacent to Lot 11, Block 16, Tom Craighill, and from Mike Craighill of 2118 Lake Hills Drive. Ron Hill could not attend the hearing, but sent in his letter of comment.

Trent Parks testified in favor of his application. He stated he purchased the lots from Ron Hill over the summer and had been in recent discussions with Mr. Hill regarding the single lot still zoned RMF on the west side of Gleneagles Boulevard. He stated he did not include this lot in the zone change since he was uncertain of his development plans at the time. He stated Mr. Hill was correct in his letter of comment concerning their recent discussions. Trent Parks stated he would likely submit a future zone change for this lot to change the zoning from RMF to a lower zone such as R-50.

Tom Craighill testified he purchased Lot 13A adjacent to Lot 11 in Block 16 in March of 2016 and the home under construction is slated to be completed in November. Tom Craighill stated he purchased the lot because all the surrounding lots were zoned and planned for single family homes. He objected to the possible location of a duplex dwelling on Lot 11. He believes this would de-value the marketability of the surrounding single family dwellings and would be out of character for this part of Lake Hills Subdivision.

Mike Craighill of 2118 Lake Hills Drive testified in opposition to the zone change in particular for Lot 11, Block 16. He stated he thought this zoning would be out of character for the area and different from the remaining lots south and east of this single lot on the corner. He stated Mr. Parks intent of pricing each unit of the proposed townhomes between $225,000 to $250,000 would be less than most of the single family homes market value in the area. He stated the market value of homes in this area runs from $300,000 to $400,000 so he believes these units would have a negative effect on these homes.  

Commission member Mike Boyett made a motion to recommend approval and adoption of the findings of the 10 criteria for Zone Change 949. The motion was seconded by Dennis Ulvestad. The Commission members discussed the suitability of the zone change for Lot 11, Block 16. Commission Chairman Dan Wagner stated he thought the zone change for this parcel was out of character and would not fit with the adjoining development. Commission member Mike Boyett made a motion to amend the main motion to exclude Lot 11, Block 16, Lake Hills Subdivision 15th filing from the recommendation to approve the zone change. The motion was seconded by Commission member James Mariska. The Commission voted 3-1 in favor of the motion to amend the main motion. The Commission voted 4-0 on the amended main motion to recommend approval except for Lot 11, Block 16 Lake Hills Subdivision 15th filing.  

The Consistency with Adopted Policies or Plans is discussed in the Alternatives Analyzed section above.