City Zone Change 969 – 2226 Virginia Lane – R-96 to R-60-R – A zone change request from Residential 9,600 (R-96) to Residential 6,000 Restricted (R-60-R) on the un-platted 125 foot by 300 foot Northeast Corner in the SESE NE4 of Section 31, Township 1 North, Range 26 East, a 37,500 square foot parcel of land generally located on the southwest corner of the intersection of O’Malley Drive and Virginia Lane. Presented by Nicole Cromwell, Zoning Coordinator

The applicant has submitted a request to withdraw the application. The Planning staff recommends the Zoning Commission grant the withdrawal of Zone Change 969. If granted, the applicant cannot submit a new zone change for the property for 4 months following the withdrawal. A zone change application may only be withdrawn once within a 12 month period.

OWNER: Big Sky Endeavors, LLC - Jamey Eisenbarth
AGENT: Performance Engineering - Scott Aspenlieder, P.E.
LEGAL DESCRIPTION: un-platted 125 foot by 300 foot Northeast Corner in the SESE NE4 of Section 31, Township 1 North, Range 26 East
ADDRESS: 2226 Virginia Lane
CURRENT ZONING: R-96
EXISTING LAND USE: One single family dwelling
PROPOSED USE: Subdivision and development of up to 6 single family dwellings
SIZE OF PARCEL: 37,500 square feet

Preliminary Subdivision - to be submitted on July 2, 2018.

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
2226 Virginia Lane	None Original Zoning 1972	May 3, 1972		NA
SURROUNDING PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
601 Parkhill Dr	City ZC 182	Nov 28, 1977	R-96 to R-60	Yes	Existing up/down
544 Parkhill Dr	City ZC 214	July 24, 1978	R-96 to R-60	No
602 Beverly Hill Blvd	City ZC 382	Jan 24, 1983	R-96 to R-60	Yes	Existing up/down
3020 Grandview Blvd	City ZC 324	July 6, 1981	R-96 to RP	Yes	LDS Offices
3020 Grandview Blvd	City ZC 497	Feb 1986	Medical Corridor	Yes	New district
702 Beverly Hills Blvd	City ZC 387	April 25, 1983	R-96 to R-60	Yes	Existing 3-family dwelling

NORTH:	Zoning: R-96 Land Use: Single family dwellings
SOUTH:	Zoning: R-96 Land Use: Single family dwellings
EAST:	Zoning: R-96 Land Use: Single family dwellings
WEST:	Zoning: R-96 Land Use: Single family dwellings

This is a zone change application to allow the existing un-platted parcel of 37,500 square feet to be subdivided into 6,000 square foot parcels of land for new single family dwellings within an existing neighborhood. The applicant and agent conducted a pre-application neighborhood meeting on May 16, 2018 at 1500 Poly Drive. The pre-application sign in sheet and meeting notes are attached to this report. The proposed zoning is Residential 6,000 Restricted (R-60-R). This zoning would permit lots of at least 6,000 square feet for single family dwellings.

There is a wide variety of lots sizes and development styles within the neighborhood. Planning staff reviewed the subdivisions and property information for the area and found that slightly more than 30% of the lots within 1,000 feet are 6,000 square feet in area or less. More than 70% of the lots within 1,000 feet are less than 9,600 square feet. Developed lots on O'Malley Drive, Oak Street, Crawford Drive, 7th St W, and Maple Street do not meet the minimum lot area requirements for R-96. On the east side of Virginia Lane, many of the lots in the "Tree Streets" are 6,000 square feet although the entire area is zoned R-96.

There are significant new dwellings in the immediate neighborhood but most others were built between the 1920s and 1970s. The traffic on Virginia Lane, a minor arterial street, averages about 6,280 vehicle trips per day. These traffic counts are 3 year averages and do not include counts taken during the school year. There are significant traffic contributions from MSU-Billings (Poly & Virginia) and Senior High School (Grand & Virginia). Pioneer Park, a major community park, at Virginia Lane and Parkhill Drive also contributes traffic to this street. 

The Planning staff has received many letters of protest and objections to the application as proposed. A valid protest has been achieved - 25% of the lots within 150 feet of the subject property are protesting the zone change. A valid protest does not effect the Zoning Commission's required vote but does require a 2/3 majority vote of the City Council to approve the proposed zone change. The letters of protest and the valid protest finding are included as attachments to this report.

On June 28, 2018, the Planning staff received a written request from the applicant's agent to withdraw the zone change request. The Planning staff is recommending the Zoning Commission grant the request. If granted, a new application for a zone change may not be submitted for 4 months. A zone change may only be withdrawn once in a 12 month period.

Staff recommends the Zoning Commission grant the applicant's request to withdraw the zone change.