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 forwarded a recommendation of approval except for Lot 11, Block 16 Lake Hills Subdivision, 15th Filing, on a 4-0 vote. The City Council approved the requested withdrawal of Lot 11, Block 16 of Lake Hills Subdivision, 15th Filing on October 24, 2016. The City Council approved the remaining lots in the zone change request on first reading on October 24, 2016.

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 requirements?
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.

The Zoning Commission recommends approval except for Lot 11, Block 16, Lake Hills Subdivision 15th Filing, and adoption of the findings of the 10 criteria on a 4 to 0 vote.