Planning staff recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1023.

City Zone Change 1023 – Wicks Lane and Bitterroot Dr – A zone change request from Mid-Century Neighborhood (N2) to Mixed Residential 1 (NX1) on C/S 515, Parcel 14A1, a 1.11 acre parcel of land.
Presented by Karen Husman, Planner I

APPLICATION DATA
OWNER: HWT Const., LLC
LEGAL DESCRIPTION: C/S 515, Parcel 14A1
CURRENT ZONING:  N2
EXISTING LAND USE:  vacant land
PROPOSED USE:  Multi family 4-plexes 
SIZE OF PARCEL: 1.111 acres

CONCURRENT APPLICATIONS:
None 

SURROUNDING ZONING AND LAND USE:
The proposed zoning would allow development of three, four unit structures at an intersection of two arterial streets.  There are other multi unit properties in the area and throughout this neighborhood, including Moose Hollow condominium development consisting of six duplex dwellings on the southeast corner of Wicks Lane and Bitterroot Drive.  The properties to the north and directly east are single family residential.  There two duplex dwellings two parcels east of the subject property. A Master Site Plan review will be required with the number of dwelling units and three buildings.  
 

Planning staff notified the surrounding owners, published a legal ad and posted the property as required by the zoning regulations. A pre-application neighborhood meeting was held on February 28, 2023, at the East Wesleyan Church at 625 Mattson Lane.  At the time this staff report was submitted, Planning staff has not received any correspondence on the proposed zone change from surrounding owners. 

The Zoning Commission may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1023; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1023; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

In case of a tie vote on the zone change, the application will be delayed for 30 days until the next Zoning Commission meeting. The Zoning Commission must forward a recommendation with findings to the City Council. The applicant has not requested a delay or a withdrawal of the application at this time.  

Approval or denial of the proposed zone change will 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

Essential Investments

• Infill development and development near existing City infrastructure may be the most cost-effective

The proposed zoning would allow development of a vacant parcel into multifamily housing. The proposed zone is consistent with the City’s Growth Policy and increases density without adding a large demand on city services. This will provide additional housing choices and provide a buffer between an arterial intersection and the adjacent residential development to the west and south of the property. Per Section 27-300.D; the NX1 district is intended to continue the character of the first neighborhoods with single-family, two-family, and small-scale multiple-family homes with 3 to 4 units. Multiple-family homes are intended to match the scale of the neighborhood single-family homes with characteristics such as building width, parking and garage location, roof design, and doors and windows on the front facades. The NX1 zone is a preferred zone district along arterial streets in line with this intersection that connects two principal arterial streets at Wicks Lane and Bitterroot Drive.

2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum build-to zones, open and landscaped areas, and building separations. Section 27-307 under table 27-300.6 outlines the requirements for the required building siting. 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?
Similar to criteria 1: NX1 district is intended to continue the character of the first neighborhoods with single-family, two-family, and small-scale multiple-family homes with 3 to 4 units. Multiple-family homes are intended to match the scale of the neighborhood single-family homes with similar massing characteristics. The proposed zoning (NX1) would allow the owner to ensure development is not intrusive to neighboring property, and still allow compatible uses with the adjacent N2 zoning. NX1 like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant therefore any new structure(s) will be required to meet the standards required by Section 27-307 under table 27-300.6. Public health and public safety will be promoted by the proposed zoning.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning itself will have little impact on the surrounding transportation systems. Impact on traffic will depend on the number of residents and drivers on the site after development. The NX1 Zone is intended to be along arterial corridors. Wicks Lane and Bitterroot Drive are arterial streets designed to handle the potential additional traffic.
Water and Sewer: The property has City water and sewer services. The City Public Utilities has accounted for the possible increase in service demand for water and sewer services on this single infill parcel. The change to NX1 zoning would facilitate a review of the potential impacts of additional residential services.
Schools and Parks: The proposed zoning itself should not affect Schools and parks, this will depend on the family dynamics of new residents. Schools and parks should not be negatively affected by the proposed zoning. The School district had provided no comments on this 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?
Similar to criteria 2 and 3, the proposed NX1 zone, like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant therefore any new structure(s) will be required to meet the standards required by Section 27-300.6 under the NX1 zone. The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air.The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. Additionally, the new zone requires specific landscaping and bufferyards adjacent to public streets as well as parking lot landscaping enhancing the aesthetic and healthy environment.

6. Will the new zoning effect motorized and non-motorized transportation?
The new zoning itself will not impact motorized and non-motorized transportation. Once developed, there will be minimal increased volume to the transportation network, both motorized and non-motorized. Off-street parking for the units will be provided. Sidewalks will be installed as part of the requirements for developing City lots and maintained for pedestrian connectivity. The two principle arterial streets are designed to easily handle the potential additional traffic.

7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. This area consists of single and multifamily housing, and the NX1 zone will provide compatible residential development. The proposed zoning will allow infill development of an underutilized parcel into desired housing.

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 infill development of a vacant parcel into desired residential growth. The NX1 zone is compatible with the surrounding N2 and is considered suitable for the particular uses. The proposed zoning does consider the character of the district and the suitability of the property for the proposed use. Per Section 27-300.D; the NX1 district is intended to continue the character of the first neighborhoods with single-family, two-family, and small-scale multiple-family homes with 3 to 4 units. Multiple-family homes are intended to match the scale of the neighborhood single-family homes with characteristics such as building width, parking and garages location, roof design, and doors and windows on the front facades. The NX1 zone is a preferred zone district along arterial streets in line with this intersection that connects two principal arterial streets at Wicks Lane and Bitterroot Drive.

9. Will the new zoning conserve the value of buildings?
The proposed zoning will allow infill development of a vacant parcel into desired housing. This is an appropriate location for the zoning to allow additional density that is compatible with adjacent uses. The new zoning is not expected to alter the value of any buildings in the area. Any development of the property will need to meet the site development requirements in the zoning code, including landscaping, screening, building heights and setbacks. A Master Site Plan will be required with the number of units and structures proposed.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow infill development of a vacant parcel into desired housing growth. This is an appropriate location for the zoning to allow additional density that is compatible with adjacent uses. The parcel directly east across Bitterroot Drive is currently several multifamily structures. The proposed zoning will allow infill development of a vacant parcel into desired housing growth. This is an appropriate location for the zoning to allow additional density that is compatible with adjacent uses.