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Regular
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| City Council Regular | |
| Date: | 09/13/2021 |
| Title: | Public Hearing and Second Reading Zone Change 995 - Cherry Island Subdivision - RR1 and P1 to N3 |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
RECOMMENDATION
The Zoning Commission recommends approval and adoption of the findings of the ten criteria for Zone Change 995. Staff recommends the City Council hold a public hearing on the 2nd reading of the ordinance. Following a public hearing, the City Council approved the zone change on first reading on August 23, 2021. A second reading and public hearing is required for zone change ordinances.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request with a concurrent petition to annex to the city limits and a preliminary major subdivision on a 10-acre portion of Lot 2, Block 1 of Cherry Creek Estates Subdivision. The annexation and subdivision were approved by Council on August 23, 2021, along with the first reading of the zone change ordinance. The parcel is generally located east of rural residential parcels on the east side of Bitterroot Drive, north of the southern leg of Cherry Creek Loop. The current zoning of the property is Rural Residential 1 (RR1), a county zone district, and Public 1 (P1) for a small portion already annexed to the city. The applicant held a pre-application neighborhood virtual meeting on June 17, 2021. The previous zoning of the property was Residential 9,600 (R-96) on the county portion and Public (P) on the annexed portion of the lot. There is RR1 zoning to the north, Large Lot Suburban Neighborhood (N4) to the west, Residential Manufactured Home (RMH) zoning in the Cherry Creek Manufactured Home Park to the east, and south will remain in the P1 zone district.
APPLICATION DATA
OWNER: Cherry Island, LLC
AGENT: Sanderson Stewart
LEGAL DESCRIPTION: South 10 acres of Lot 2, Block 1 Cherry Creek Estates
ADDRESS: Cherry Creek Loop
CURRENT ZONING: RR1 and Public 1
EXISTING LAND USE: Vacant
PROPOSED USE: 39 single family dwellings
SIZE OF PARCEL: ~10 acres, 39 residential lots zone N3, and 1.434-acre Access and Utility Lot to remain in the P1 for Cherry Creek Loop and bike path
SURROUNDING LAND USE & ZONING
NORTH: Zoning: RR1
Land Use: Vacant
SOUTH: Zoning: P1
Land Use: Cherry Creek Loop, Bike Path & Yellowstone River
EAST: Zoning: RMH
Land Use: Cherry Creek Manufactured Home Park
WEST: Zoning: N4
Land Use: Single family dwellings and a storage warehouse (1123 Bitterroot Dr)
The current zoning of Lot 2 was approved in May 2001 as County Zone Change 541. The Public zone portion was intended to accommodate an extension or connection to the bike & trail system along the Yellowstone River and for potential future park dedication to the city. All large subdivisions for residential purposes are required to either dedicate parkland or pay cash in lieu of dedication. The Public zoned portion of this lot was never offered as parkland dedication and is still owned by Cherry Island, LLC. The Cherry Creek Manufactured Home Park developed and maintains a neighborhood park within the court and Danube Court, the last phase of Cherry Creek, paid cash in lieu of parkland dedication.
The proposed zoning of N3 will allow single family dwellings on lots with at least 65 feet of street frontage on a public or approved private street. The current zoning in County of RR1 also allows single family homes but lots are based on area. The RR1 zone requires at least 1 acre per dwelling. The developer intends to build single family homes on individual lots. A preliminary major subdivision is pending approval along with the petition to annex for city services. The subdivision plat shows an internal road connecting the northern and southern legs of Cherry Creek Loop with 39 lots for development.
In the fall of 2020, a proposed zoning to allow two-family townhomes was proposed. The application consisted of two applications - one for the county portion of the property and one for the annexed portion. Both zoning commissions recommended approval, however a valid protest against the city zone change was submitted. The BOCC denied the County zone change from R-96 to R-80 and the applicant chose to withdraw the City zone change prior to the City Council hearing. The newly adopted City and County zoning codes do not allow requests for N3 zone districts outside the city limits where a county water and sewer district does not exist. The new code requires a petition to annex and a concurrent zone change for this type of zoning.
The subject property has remained undeveloped for the last 22 years while the Cherry Creek Manufactured Home Park and Danube Court were developed. An early zone change application for a Planned Development (County Zone Change 524) proposed an underlying zoning of RMH for the manufactured home park and Public for all of Lot 2. In this proposal, Lot 2 would remain vacant and be developed as a natural area park with landscaping and trails. The Zoning Commission recommended denial. The County Commissioners denied the Planned Development zone change in early 2000. The next approved zone change for the property was in May 2001 and the zoning has remained the same since that time.
The Planning staff reviewed the application and recommended approval of the zone change to N3. The Zoning Commission concurred with this recommendation. The 2006 Billings Heights Neighborhood Plan and the 2016 City Growth Policy encourage the development of infill property where city services already exist and new neighborhoods can be served efficiently. The Heights Neighborhood Plan adopted a general statement encouraging new neighborhoods and developments that are similar in nature to existing neighborhoods. Both plans encourage a mix of housing choices in neighborhoods. The proposed development of single family homes on lots ranging from 7,470 square feet to 14,080 square feet expands the housing options in this area of Billings Heights, and should be a good fit between the manufactured home park and the low density county residences to the west. Water and sewer are readily available to the property. Public safety services are fiscally constrained, but the adjacent neighborhoods are already served and this new development can be served as well.
APPLICATION DATA
OWNER: Cherry Island, LLC
AGENT: Sanderson Stewart
LEGAL DESCRIPTION: South 10 acres of Lot 2, Block 1 Cherry Creek Estates
ADDRESS: Cherry Creek Loop
CURRENT ZONING: RR1 and Public 1
EXISTING LAND USE: Vacant
PROPOSED USE: 39 single family dwellings
SIZE OF PARCEL: ~10 acres, 39 residential lots zone N3, and 1.434-acre Access and Utility Lot to remain in the P1 for Cherry Creek Loop and bike path
SURROUNDING LAND USE & ZONING
NORTH: Zoning: RR1
Land Use: Vacant
SOUTH: Zoning: P1
Land Use: Cherry Creek Loop, Bike Path & Yellowstone River
EAST: Zoning: RMH
Land Use: Cherry Creek Manufactured Home Park
WEST: Zoning: N4
Land Use: Single family dwellings and a storage warehouse (1123 Bitterroot Dr)
The current zoning of Lot 2 was approved in May 2001 as County Zone Change 541. The Public zone portion was intended to accommodate an extension or connection to the bike & trail system along the Yellowstone River and for potential future park dedication to the city. All large subdivisions for residential purposes are required to either dedicate parkland or pay cash in lieu of dedication. The Public zoned portion of this lot was never offered as parkland dedication and is still owned by Cherry Island, LLC. The Cherry Creek Manufactured Home Park developed and maintains a neighborhood park within the court and Danube Court, the last phase of Cherry Creek, paid cash in lieu of parkland dedication.
The proposed zoning of N3 will allow single family dwellings on lots with at least 65 feet of street frontage on a public or approved private street. The current zoning in County of RR1 also allows single family homes but lots are based on area. The RR1 zone requires at least 1 acre per dwelling. The developer intends to build single family homes on individual lots. A preliminary major subdivision is pending approval along with the petition to annex for city services. The subdivision plat shows an internal road connecting the northern and southern legs of Cherry Creek Loop with 39 lots for development.
In the fall of 2020, a proposed zoning to allow two-family townhomes was proposed. The application consisted of two applications - one for the county portion of the property and one for the annexed portion. Both zoning commissions recommended approval, however a valid protest against the city zone change was submitted. The BOCC denied the County zone change from R-96 to R-80 and the applicant chose to withdraw the City zone change prior to the City Council hearing. The newly adopted City and County zoning codes do not allow requests for N3 zone districts outside the city limits where a county water and sewer district does not exist. The new code requires a petition to annex and a concurrent zone change for this type of zoning.
The subject property has remained undeveloped for the last 22 years while the Cherry Creek Manufactured Home Park and Danube Court were developed. An early zone change application for a Planned Development (County Zone Change 524) proposed an underlying zoning of RMH for the manufactured home park and Public for all of Lot 2. In this proposal, Lot 2 would remain vacant and be developed as a natural area park with landscaping and trails. The Zoning Commission recommended denial. The County Commissioners denied the Planned Development zone change in early 2000. The next approved zone change for the property was in May 2001 and the zoning has remained the same since that time.
The Planning staff reviewed the application and recommended approval of the zone change to N3. The Zoning Commission concurred with this recommendation. The 2006 Billings Heights Neighborhood Plan and the 2016 City Growth Policy encourage the development of infill property where city services already exist and new neighborhoods can be served efficiently. The Heights Neighborhood Plan adopted a general statement encouraging new neighborhoods and developments that are similar in nature to existing neighborhoods. Both plans encourage a mix of housing choices in neighborhoods. The proposed development of single family homes on lots ranging from 7,470 square feet to 14,080 square feet expands the housing options in this area of Billings Heights, and should be a good fit between the manufactured home park and the low density county residences to the west. Water and sewer are readily available to the property. Public safety services are fiscally constrained, but the adjacent neighborhoods are already served and this new development can be served as well.
STAKEHOLDERS
The applicant conducted a pre-application neighborhood meeting on June 17, 2021, in a virtual meeting format. The newly adopted zoning code requires an expanded notification area - up to 1,320 feet - when a property is within 600 feet of the coterminous city limits. The notification list for this zone change included over 160 property owners. The Planning Division received no comments from the surrounding property owners. The applicant answered questions during the pre-application meeting related to the subdivision development and the proposed N3 zoning. The pre-application meeting notes are included as an attachment.
The Zoning Commission conducted a public hearing on August 3, 2021, and received the staff recommendation and testimony from the applicant's agent, Gary Owen, P.E. Mr. Owen was standing in for Mr. Leuthold. No other testimony was received either in person or by telephone at the hearing. Commission member Jack King moved to recommend approval and adoption of the findings of the ten criteria for Zone Change 995. The motion was seconded by Commission member Trina White and the motion was approved on a 4-0 vote.
On August 23, 2021, the Council conducted a combined public hearing for the annexation and zone change. The annexation was approved along with the zone change first reading and the preliminary subdivision. The applicant's agent attended but no other testimony was received at the hearing. The zone change ordinance requires a second reading public hearing.
The Zoning Commission conducted a public hearing on August 3, 2021, and received the staff recommendation and testimony from the applicant's agent, Gary Owen, P.E. Mr. Owen was standing in for Mr. Leuthold. No other testimony was received either in person or by telephone at the hearing. Commission member Jack King moved to recommend approval and adoption of the findings of the ten criteria for Zone Change 995. The motion was seconded by Commission member Trina White and the motion was approved on a 4-0 vote.
On August 23, 2021, the Council conducted a combined public hearing for the annexation and zone change. The annexation was approved along with the zone change first reading and the preliminary subdivision. The applicant's agent attended but no other testimony was received at the hearing. The zone change ordinance requires a second reading public hearing.
ALTERNATIVES
The City Council may:
- Approve Zone Change 995 and adopt the proposed findings of the 10 review criteria; or,
- Deny Zone Change 995 and state different findings of the 10 review criteria; or
- Delay action on the zone change request for not more than 30 days; or
- Allow the applicant to withdraw the zone change request.
FISCAL EFFECTS
Approval or disapproval of the zone change will have no impact on the Planning Division budget.
SUMMARY
SUMMARY
Prior to making a decision on the zone change, the City Council shall consider the following findings as recommended by the Zoning Commission:
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:
Prior to making a decision on the zone change, the City Council shall consider the following findings as recommended by the Zoning Commission:
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:
- Neighborhoods that are safe and attractive and provide essential services are much desired
Home Base:
- 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:
- Develop housing patterns that are compatible with existing neighborhoods.
- Maintain similar housing in established neighborhoods.
The proposed zoning will allow another housing choice in an area with limited housing choices – either manufactured homes or large lot single family dwellings. Subdivisions further north and west have allowed similar housing choices by mixtures of zone districts. 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 the existing demand for single family homes to be met in a growing area of Billings Heights.
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. The applicant will be required to prepare a Traffic report to accurately assess the capacity of the surrounding street network to handle the increased traffic from the development. Any improvements or mitigation will be determined by the City Traffic Engineer.
Water and Sewer: The City will provide sewer to the property. Billings Heights Water will provide water service.
Schools and Parks: Schools and parks should not be affected by the proposed zoning.
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 39 new single family dwelling units will be between 390 and 500 new vehicle trips per day. This trip count 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 subdivision will have sidewalks and will connect to other sidewalks and pedestrian facilities in the neighborhood. The new zoning will not have a significant 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 neighborhoods to the west and east.
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.
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. The applicant will be required to prepare a Traffic report to accurately assess the capacity of the surrounding street network to handle the increased traffic from the development. Any improvements or mitigation will be determined by the City Traffic Engineer.
Water and Sewer: The City will provide sewer to the property. Billings Heights Water will provide water service.
Schools and Parks: Schools and parks should not be affected by the proposed zoning.
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 39 new single family dwelling units will be between 390 and 500 new vehicle trips per day. This trip count 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 subdivision will have sidewalks and will connect to other sidewalks and pedestrian facilities in the neighborhood. The new zoning will not have a significant 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 neighborhoods to the west and east.
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 are no existing buildings on the property. Manufactured homes to the east will be the closest to the new development, but there is a significant planted buffer yard and 6-foot high screening fence. To the west, most of these home will be 160 to 200 feet from the back of the new single family dwellings. In general, new construction tends to increase adjacent building and property values.
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.