Staff recommends the City Council approve on second reading Zone Change 1023 and adopt the findings of the 10 review criteria. On May 22nd, following a public hearing, the City Council voted unanimously in favor of zone change 1023 on first reading. 

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.

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 one to four unit structures at an intersection of two arterial streets.  The current zoning of N2 allows one and two unit residential dwellings.  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 proposed with three structures.  
 

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.

The Zoning Commission conducted a public hearing on May 2, 2023, and received the staff recommendation.  There were four residents in attendance, three were speaking in opposition to the recommended zone change and one resident stated that development of the parcel would improve the property including new sidewalks along Bitterroot and Wicks Lane. Stewart Wheeler and Jill Bogas, the two property owners of the adjacent property to the west and south of the subject property (1536 Wicks Lane), were concerned about the potential additional traffic that four multi-unit structures would generate and concerned about a probability that the trash enclosure and dumpster for the development may be located right next to their property line.  Gorden Boese a resident living at 806 Mossman Drive, was concerned that the additional traffic on Wicks Lane would be detrimental to the neighborhood.  Doug Wild a resident living at 4712 Audubon Way, was in favor of development on this vacant parcel and said he felt that development of the property would improve the area, including improvements to the intersection at Wicks and Bitterroot, as well as sidewalks. Mr. Wild also pointed out that it can be developed as duplex dwellings under the current zoning potentially having the same impact the proposed development would have.

Zoning Commissioner Goss asked staff for clarification on how many duplexes could be potentially constructed on the lot.  Nicole Cromwell, Zoning Coordinator, explained the parcel is just over one acre of land with two arterial street frontages and so could potentially have under the current zone of N2 (in the N2 Zone the number of structures allowed is based on street frontage) up to approximately ten duplexes, however that number of buildings would not be feasible for the lot.  She said that it would not likely be an appreciable increase in the possible density on the property, but the new zone would give options for different typ of housing than just a duplex.

Zoning Commission member Trina White made a motion to recommend approval of the zone change and adoption of the findings of the 10 review criteria. The motion was seconded by Zoning Commission member David Goss and was approved on a unanimous vote.

 The City Council conducted a public hearing on 1st reading of Zone Change 1023 on May 22, 2023, and received a staff presentation of the Zoning Commission's recommendation. Jeff Wollschlager, agent for the applicant, concurred with staff recommendation and findings.  Jeff added that with the Master Site Plan review, they are prepared to comply with all required landscaping and fencing requirements to buffer the adjacent property from the development as well as all other requirements for the development. The public hearing was closed. Council Member Shaw made a motion to approve the zone change and adopt the findings of the 10 review criteria as recommended by the Zoning Commission. The motion was seconded by Council Member Purinton. The motion was approved in a unanimous vote.

The City Council may:

• Recommend approval and adoption of the findings of the ten review criteria for the Zone Change on 2nd reading; or,
• Recommend denial and adopt different findings of the ten review criteria for the Zone Change on 2nd reading; or,
• Allow the applicant to withdraw their application.

Not approving the second reading would be inconsistent with Council's unanimous action to approve Zone Change 1023 during its May 22nd meeting. Ordinances require passage of two readings. If the second reading is not approved the zone change will not occur.

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

Prior to any decision the City Council 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.