City Zoning Commission


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Meeting Date: 11/02/2021  
TITLE:    City Zone Change 1002, 1938 Hawthorne Lane
PRESENTED BY: Karen Husman
Department: Planning & Community Services  

Planning Staff recommends the Zoning Commission delay action on this application. The applicant's agent has been working with City Staff on the submittal of an Annexation Petition and Development Agreement which are required in order for the City Zoning Commission to consider this request. At the time of publication of this application, there were unresolved issues with the Development Agreement which have prevented the annexation from moving forward on the same schedule as the zone change. Ultimately, delay of this annexation is required. Not delaying the application creates jurisdictional issues of the City Zoning Commission acting on County property without a concurrent petition for Annexation. This item is required to be on tonight's agenda because the Zone Change legal advertisement was published before the annexation petition and development agreement delays were recognized. Upon approving the delay, the Zoning Commission will consider the item at its December meeting.

City Zone Change 1002 – 1938 Hawthorne – from N4 to N2 - A zone change request from Large Lot Suburban Neighborhood (N4) to Mid-Century Neighborhood Residential (N2), on Parcel 2A and 3 of Certificate of Survey 840, a 2.725 acre parcel of land. A pre-application neighborhood meeting was held on September 16, 2021 at 6:00 pm, at 1938 Hawthorne Lane. Tax ID: D05148 & D05150

OWNER: Michael Sartorie
LEGAL DESCRIPTION: CS 840, parcel 2A and 3
ADDRESS:   1938 Hawthorne
SIZE OF PARCEL:   2.725 acres


NORTH: Zoning: RR3
Land Use: Residential single family
SOUTH: Zoning:  N2
Land Use:  Residential single family
EAST:     Zoning: RR3
Land Use:  Residential single family
WEST:   Zoning: PD
Land Use: Vacant
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

The Planning Division has reviewed this application and is recommending approval based on the ten criteria for zone changes. The applicant is requesting to change the zoning from N4 to N2, in order to annex their property to the City.  The pending annexation petition would require the property rezoning to an appropriate City zoning district.  A pre-application neighborhood meeting was held on June 16, 2021, at 1938 Hawthorne Lane. The neighbors questions included if there would be increased traffic on Barrett Road, what kind of improvements would be required for roads and sidewalks, and how it would affect the water table, the applicant provided the answers to residents and are addressed in the determinations for granting the zone change.

A pre-application neighborhood meeting was held on June 16, 2021, at 1938 Hawthorne Lane, and the items discussed at the meeting are outlined in the Background portion of this memo. Public hearings also are required for zone changes at the Zoning Commission and City Council meetings, so the public may participate at either of those hearings.
The Zoning Commission may:
  • Delay the application to allow for the annexation petition and development agreement processes to meet the review schedule;
  • Not delaying the application creates jurisdictional issues with the City Zoning Commission acting on county property without a concurrent annexation petition.
Approval or denial of the proposed zone change should have no 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

The proposed zone will encourage development within and adjacent to the existing City limits, where City infrastructure exists. 

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 residential development along arterial routes. Maintain similar housing in established neighborhoods.

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. The developer intends to build residential homes similar to the previous subdivisions he completed to the south. There are existing fire hydrants located at the intersection of Barrett Road and Echo Drive, at Barrett Road and Hawthorne Lane and along Sartorie Road.  The development as N2 City (with annexation) will include additional fire hydrants. 

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 property has already been developed and used as a single family residential. The N2 zoning would allow the developer to expand the existing residential development (Sartorie Subdivision). The development of the property will require improvements to existing infrastructure adjacent to the property and install new infrastructure within the development such as water, sewer, and stormwater retention.   Other improvements include curb, gutter, boulevard, sidewalk and widening of Barrett Road adjacent to the property.  When new roads are constructed within the development, they will be required to meet the City standards for all improvements.

4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:              The proposed zoning will have positive impact on the surrounding transportation systems by widening Barrett Road and installing curb, gutter and sidewalk.
Water and Sewer:          The property has Billings Heights water and City sewer services. The proposed development will be designed with a low pressure sanitary sewer, connecting to the existing service at the north end of Sartorie Road.  This type of system with have a minimal impact to the existing system.
Schools and Parks:         Schools and parks will be affected by the proposed zone change.  This will depend on the individuals that purchase property within the new 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. The new development would be required to provide open space. 

6.   Will the new zoning effect motorized and non-motorized transportation?
The new zoning will not have a negative effect on vehicle and pedestrian traffic. Development of the property will require improvements to Barrett Road as well as new roads including sidewalks. Improvements will allow non-motorized transportation to travel safely outside the property.

7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow development of the property compatible with surrounding residential development.  

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 surrounding properties are a mixture of agriculture and residential uses, the N2 zone would allow development consistent with the adjacent property to the south (also zoned N2).

9.   Will the new zoning conserve the value of buildings?
The value of existing building should be preserved by the proposed zoning.  The adjacent Sartorie Subdivision is currently developed under N2 zone, therefore the new development would be compatible and conserve the value of existing buildings.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed N2 zone would encourage infill development and an extension of the adjacent N2 development. The developer has also submitted a petition for annexation to the City of Billings and the proposed N2 would encourage the most appropriate use of the land.

Zoning Map & Site photos
Application & Applicant letter
Pre App Information
Site Plan


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