Planning staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 994.

REQUEST
City Zone Change 994 –2930 US Highway 3 -  RR1 to N3 -- A request to change from Residential Rural (RR1) to Suburban Neighborhood Residential (N3) on Tr. 1A1 and 1A2, Certificate of Survey 266, a 3.19 acre parcel of land. A pre-application neighborhood meeting was held on June 16, 2021, at 2940 Poly Drive. Tax ID: A20303. 

APPLICATION DATA
OWNER: John & Patricia Burg
LEGAL DESCRIPTION: Tr. 1A1 and 1A2, Certificate of Survey 266
ADDRESS:   2930 US Highway 3    
CURRENT ZONING: RR1
PROPOSED ZONING: N3
EXISTING LAND USE:  Residential 
PROPOSED LAND USE:  Residential Multifamily
SIZE OF PARCEL:   3.19 acres

CONCURRENT APPLICATIONS
Annexation Petition 21-06

SURROUNDING LAND USE & ZONING
NORTH:    Zoning: A (Agriculture 10 Acres & over)
Land Use: Ag
SOUTH:    Zoning:  P1
Land Use:  Parkland
EAST:    Zoning: N3
Land Use:  Residential
WEST:    Zoning: RR1
Land Use: Residential

This is a Zone Change request from Rural Residential 1 (RR1) to Neighborhood 3 (N3), in order to annex a property into the City to have access to city service like water and sewer. The pending annexation petition requires the property rezoning to an appropriate City zoning district as RR1 is a Yellowstone County zone district and is not recognized by the City. The applicant has requested to rezone the property to N3. The N3 zone district is intended for residential neighborhoods primarily developed with single-family residences. The property is two parcels and held under single ownership. There is an existing single-family home on the westerly parcel and the easterly parcel acts as the yard for the residence. The N3 zone allows a primary structure per 65 feet of frontage. Though the applicant has no plans to develop the easterly lot, it could be developed in the future with a single-family home in accordance with the N3 zoning.

The applicant and agent conducted a pre-application neighborhood meeting on June 17th. 169 invitation were sent and 4 people attended all of whom voiced support of the application. The property owners notified of the Zoning Commission public hearing have not sent any comments, questions or concerns to the Planning Division staff.

The Zoning Commission may: 

• Recommend Approval of the Zone Change and adopt the findings of the 10 review criteria as recommended by Planning Staff; or, 
• Recommend Denial of the Zone Change and adopt different findings of the 10 review criteria; or, 
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the application.

Approval or denial of the proposed zone change should not have an effect on the Planning Division budget.

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 does conform to 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

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 proposed zoning is compatible with surrounding zoning and would allow annexation to the City of Billings.

4.    Will the new zoning 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 as the property is already developed with a single family home. There will be no impact on the transportation network at this time and a minimal impact if an additional single family home were to be constructed.
Water and Sewer:    The property does not have access to utilities at this time, however the applicant has requested annexation. Upon annexation approval the property will connect to City water and sewer.    
Schools and Parks:    Schools and parks should not be significantly affected by the proposed zone change as there are no more than two residences expected on the property.
Fire and Police:     The property will be served by the City of Billings Fire and Police upon successful annexation. The Police and Fire Departments have no concerns with the request.

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.  There are already existing residential structure with an attached garage which appear to meet the setbacks required.

6.    Will the new zoning effect motorized and non-motorized transportation?
The new zoning will have no effect on vehicle and pedestrian traffic.  The property is already established and will not add to the transportation system capacity. Additionally, the property is located adjacent to Highway 3, a principal arterial roadway.

7.    Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow the property to annex to the City in a zoning district compatible with the adjacent N3 zoning and single-family homes already developed along the souther edge of Highway 3.  

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 existing structure is compatible with the single-family homes in the area. 

9.    Will the new zoning conserve the value of buildings?
The value of existing buildings would be preserved by the proposed zoning as N3 is primarily a single-family home zone. The property is developed with a single family home and is adjacent to other single family homes to the east and west.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow an established residential property outside the City limits of Billings to be annexed into the City.