b.
City Zoning Commission
- Meeting Date:
- 02/02/2021
- SUBJECT
- Zone Change 988 - 2526 Hawthorne Lane
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
City Zone Change 988– 2526 Hawthorne Lane - A zone change request from Agricultural to Residential-7000 (R-70), on Tract 2A-1 of Certificate of Survey 2317 2nd Amended, a 16.41-acre parcel of land. A pre-application neighborhood meeting was held on December 14, 2020, via virtual Zoom meeting. Presented by Nicole Cromwell, AICP, Zoning Coordinator
RECOMMENDATION
Planning staff recommends approval of Zone Change 988 and adoption of the findings of the 10 review criteria.
APPLICATION DATA
| OWNER: BCJM Properties, LLC | |
| AGENT: Performance Engineering - Rob Neihart | |
| LEGAL DESCRIPTION: Tract 2A-1 of C/S 2317 | |
| ADDRESS: 2526 Hawthorne Lane | |
| CURRENT ZONING: Agriculture (A) | |
| EXISTING LAND USE: Vacant | |
| PROPOSED USE: Single family and two-family dwellings | |
| SIZE OF PARCEL: 16.41 acres |
CONCURRENT APPLICATIONS
AN 21-01 Petition for Annexation
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: Agriculture (A) Land Use: Agricultural uses |
| SOUTH: | Zoning: R-70-R (N2) Land Use: Vacant (within city limits) |
| EAST: | Zoning: R-70-R Land Use: Single family homes - Bitterroot Heights Sub 2nd Filing |
| WEST: | Zoning: A Land Use: Agricultural uses |
BACKGROUND
This is a zone change request for two sections of C/S 2317 Tract 2A-1, currently outside the city limits, to change from Agriculture, a county zoning district, to Residential 7,000. The proposed zoning would update to the new N2 zone district upon annexation and the effective date of the new zoning code and districts. The N2 and R-70 zone districts are analogous and both districts allow one or two-family dwellings on mid-sized lots. The current zoning uses a minimum lot area for zoning and the new zoning uses minimum lot frontage per principal structure for lot design. Both zone districts can allow single family dwellings on individual lots or on common land as in a townhome style development.
The adjacent property has gone through four zone change processes over the past 35 years. In 1985, the owners of the former gravel mine on this property proposed a manufactured home park. The proposal was met with stiff resistance from the surrounding owners and was well beyond the city limits making city service provision challenging. This application was withdrawn. In 1991, the owners proposed a small zone change from the A-1 zone to R-70 on the northern 29 acres of Lot 3A. This area was annexed and the zoning approved but was never developed. In 2003, the remaining 100+ acres of Tract 3A was annexed to the city and zoned R-96 and single family only zone district. In 2004, the owner proposed a zone change to R-70. This was also approved but had much opposition from the surrounding owners, county neighborhoods and Heights Task Force. The owners signed a pre-subdivision covenant and restriction for Tract 3A stating no lot within a future subdivision of Tract 3A would be used for "a duplex or multi-family use", and that lots along the perimeter of Tract 3A on the south and east would be at least 9,600 square feet in area. This covenant does not apply to Tract 2A-1, the subject property of this zone change request. In early 2005, the city approved the last zone change for Lot 3A (Bitterroot Heights, 1st Filing and 2nd Filing) from R-70 to R-70-R. This zoning district allowed smaller lots (7,000 square feet) but restricted uses to single-family only on any lot in the subdivision. Private covenants and restrictions for Bitterroot Heights, 1st and 2nd Filings included the restriction on "duplex or multi-family uses". The original covenant from 2004 for Tract 3A expires in 2029.
The proposed 2004 subdivision master plan for Bitterroot Heights included Tract 2A - now Tract 2A-1. The layout of the lots was not definitive but the filings of the subdivisions intended to connect streets and utilities throughout. This proposed zone change could allow the same level of density in the existing filings of Bitterroot Heights of about 4 to 6 dwelling units per acre. Any new subdivision would require compliance with city engineering requirements, street designs, utility design and stormwater control. The current number of dwellings in the first two filings of Bitterroot Heights is 115 single family dwellings on about 35 acres of land (including street right of ways). The Billings Heights Neighborhood Plan (2006) indicates this area of Billings Heights should continue to develop with the same types of housing and density. In the adopted plan, the areas closer to Bench Boulevard, Main Street and Lake Elmo Road were chosen for higher densities and for mixed uses including mixed use buildings. New development tends to sustain and support existing development property values especially in new neighborhoods.
The property has a legal and physical access at the gate at the dead end of Hawthorne Lane. There is one existing storage building on the property. The proposed zoning should not affect the value or utility of this existing structure. Any development of the property for a subdivision will require two full access points. A connection to the existing Bitterroot Heights Subdivision is possible although the owner may choose a different second access point.
The Planning staff has reviewed the request and is recommending approval based on the findings of the 10 review criteria. The adjacent zoning and development is similar and will provide continuity between the developments. County land uses to the north and west are agricultural but there is sufficient land area to ensure compatibility. Planning staff received one letter of comment concerned about the possibility of townhomes (two-family dwellings) and not just single family dwellings for sale on individual lots. The adopted Growth Policy of Billings does support compatibility of development however, single family and two-family dwellings are not considered incompatible uses. The type of two-family townhomes developed by this owner include units on the 800 block of Avenue D that command a market price of up to $400,000 per unit ($800,000 per structure). This area of Billings Heights is at the edge of the limits of annexation, and is the last piece of the owners property to petition for annexation. The proposed zoning and uses are conforming to the growth policy and development can occur without disrupting the existing neighborhood fabric.
The adjacent property has gone through four zone change processes over the past 35 years. In 1985, the owners of the former gravel mine on this property proposed a manufactured home park. The proposal was met with stiff resistance from the surrounding owners and was well beyond the city limits making city service provision challenging. This application was withdrawn. In 1991, the owners proposed a small zone change from the A-1 zone to R-70 on the northern 29 acres of Lot 3A. This area was annexed and the zoning approved but was never developed. In 2003, the remaining 100+ acres of Tract 3A was annexed to the city and zoned R-96 and single family only zone district. In 2004, the owner proposed a zone change to R-70. This was also approved but had much opposition from the surrounding owners, county neighborhoods and Heights Task Force. The owners signed a pre-subdivision covenant and restriction for Tract 3A stating no lot within a future subdivision of Tract 3A would be used for "a duplex or multi-family use", and that lots along the perimeter of Tract 3A on the south and east would be at least 9,600 square feet in area. This covenant does not apply to Tract 2A-1, the subject property of this zone change request. In early 2005, the city approved the last zone change for Lot 3A (Bitterroot Heights, 1st Filing and 2nd Filing) from R-70 to R-70-R. This zoning district allowed smaller lots (7,000 square feet) but restricted uses to single-family only on any lot in the subdivision. Private covenants and restrictions for Bitterroot Heights, 1st and 2nd Filings included the restriction on "duplex or multi-family uses". The original covenant from 2004 for Tract 3A expires in 2029.
The proposed 2004 subdivision master plan for Bitterroot Heights included Tract 2A - now Tract 2A-1. The layout of the lots was not definitive but the filings of the subdivisions intended to connect streets and utilities throughout. This proposed zone change could allow the same level of density in the existing filings of Bitterroot Heights of about 4 to 6 dwelling units per acre. Any new subdivision would require compliance with city engineering requirements, street designs, utility design and stormwater control. The current number of dwellings in the first two filings of Bitterroot Heights is 115 single family dwellings on about 35 acres of land (including street right of ways). The Billings Heights Neighborhood Plan (2006) indicates this area of Billings Heights should continue to develop with the same types of housing and density. In the adopted plan, the areas closer to Bench Boulevard, Main Street and Lake Elmo Road were chosen for higher densities and for mixed uses including mixed use buildings. New development tends to sustain and support existing development property values especially in new neighborhoods.
The property has a legal and physical access at the gate at the dead end of Hawthorne Lane. There is one existing storage building on the property. The proposed zoning should not affect the value or utility of this existing structure. Any development of the property for a subdivision will require two full access points. A connection to the existing Bitterroot Heights Subdivision is possible although the owner may choose a different second access point.
The Planning staff has reviewed the request and is recommending approval based on the findings of the 10 review criteria. The adjacent zoning and development is similar and will provide continuity between the developments. County land uses to the north and west are agricultural but there is sufficient land area to ensure compatibility. Planning staff received one letter of comment concerned about the possibility of townhomes (two-family dwellings) and not just single family dwellings for sale on individual lots. The adopted Growth Policy of Billings does support compatibility of development however, single family and two-family dwellings are not considered incompatible uses. The type of two-family townhomes developed by this owner include units on the 800 block of Avenue D that command a market price of up to $400,000 per unit ($800,000 per structure). This area of Billings Heights is at the edge of the limits of annexation, and is the last piece of the owners property to petition for annexation. The proposed zoning and uses are conforming to the growth policy and development can occur without disrupting the existing neighborhood fabric.
SUMMARY
Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy?
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
· Neighborhoods that are safe and attractive and provide essential services are much desired
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
The proposed zone change is consistent with the following goals of the 2006 Billings Heights Neighborhood Plan:
· To provide safe, good quality and affordable housing in the Heights. Develop housing patterns that are compatible with existing neighborhoods. Encourage high density multi-family development along arterial routes. Maintain similar housing in established neighborhoods.
The proposed zoning will allow another housing choice in an area with primarily only one housing choice. The Bitterroot Heights Subdivision to the east has allowed only one housing choice. Existing demand for housing choice is going up for all ages of buyers including “boomers” and millennials just buying a first home. The proposed zoning would allow a townhome choice in an area where the only choice right now is a detached single family residence on a larger lot. The overall density will remain essentially the same throughout the 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 and public safety will be promoted by the proposed zoning. The additional dwelling units will help increase the number of rate payers to the city utility systems and increase the taxable value of the property.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will not significantly increase post-development traffic volume. A traffic impact study (TIS) or an update to an existing TIS will be necessary at the time of development.
Water and Sewer: The City provides water and sewer to the property.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The existing Bitterroot Heights Subdivision has dedicated parkland and trail easements. If any additional parkland is necessary, this will be determined at the time of development.
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?
Traffic generation from a potential 60 to 90 new dwelling units will be between 480 and 720 new vehicle trips per day. This trip counts includes trips to the new residences for services such as mail, deliveries, solid waste and similar as well as the trips by the occupants. The new development will have sidewalks and will connect to other sidewalks and pedestrian facilities in the neighborhood. The new zoning designation itself should not have any increase effect on the transportation system.
7. Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to provide new housing compatible with the existing neighborhood.
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 a housing choice that is in demand in the area.
9. Will the new zoning conserve the value of buildings?
There is one existing buildings on the property and the closest existing residence is about 130 feet to the west on Bowles Way.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the development of another housing choice in this area of Billings Heights. This is the most appropriate use of the land.
1. Is the new zoning designed in accordance with the Growth Policy?
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
· Neighborhoods that are safe and attractive and provide essential services are much desired
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
The proposed zone change is consistent with the following goals of the 2006 Billings Heights Neighborhood Plan:
· To provide safe, good quality and affordable housing in the Heights. Develop housing patterns that are compatible with existing neighborhoods. Encourage high density multi-family development along arterial routes. Maintain similar housing in established neighborhoods.
The proposed zoning will allow another housing choice in an area with primarily only one housing choice. The Bitterroot Heights Subdivision to the east has allowed only one housing choice. Existing demand for housing choice is going up for all ages of buyers including “boomers” and millennials just buying a first home. The proposed zoning would allow a townhome choice in an area where the only choice right now is a detached single family residence on a larger lot. The overall density will remain essentially the same throughout the 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 and public safety will be promoted by the proposed zoning. The additional dwelling units will help increase the number of rate payers to the city utility systems and increase the taxable value of the property.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will not significantly increase post-development traffic volume. A traffic impact study (TIS) or an update to an existing TIS will be necessary at the time of development.
Water and Sewer: The City provides water and sewer to the property.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The existing Bitterroot Heights Subdivision has dedicated parkland and trail easements. If any additional parkland is necessary, this will be determined at the time of development.
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?
Traffic generation from a potential 60 to 90 new dwelling units will be between 480 and 720 new vehicle trips per day. This trip counts includes trips to the new residences for services such as mail, deliveries, solid waste and similar as well as the trips by the occupants. The new development will have sidewalks and will connect to other sidewalks and pedestrian facilities in the neighborhood. The new zoning designation itself should not have any increase effect on the transportation system.
7. Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to provide new housing compatible with the existing neighborhood.
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 a housing choice that is in demand in the area.
9. Will the new zoning conserve the value of buildings?
There is one existing buildings on the property and the closest existing residence is about 130 feet to the west on Bowles Way.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the development of another housing choice in this area of Billings Heights. This is the most appropriate use of the land.
RECOMMENDATION
Staff recommends approval of Zone Change 988 and adoption of the findings of the 10 review criteria.