This is a zone change request from Public (P) to Residential 7,000-Restricted (R-70-R) on a 5.9-acre parcel known as Lampman Park within the Lampman Subdivision south of Monad Road and east of 32^nd Street West. The property is owned by the City of Billings, and managed by the Parks, Recreation and Public Lands Department (PRPL). The City Council, through a public process with PRPL, has declared this park land to be excess and set in motion a process to sell the land to the highest bidder. The City Council has also requested the land be re-zoned prior to the sale to make the property more saleable and ensure only single family homes can be developed on the property. The owner conducted a pre-application neighborhood meeting on October 24, 2013, at Big Sky Elementary School. The pre-application meeting notes are included as Attachment C. The Zoning Commission conducted a public hearing on December 3, 2013, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 4-0 vote.

 Prior to voting on a zone change request the City Council shall consider the following:
 
1.   Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following goals of the Growth Policy:
Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6)    The proposed zoning would permit excess land to be sold for single family residence development at similar density to the existing neighborhood. The proposed zoning is consistent with the neighborhood character and land use patterns.
  
More housing and business choices with each neighborhood. (Land Use Element Goal, page 6)  The existing zoning of Public does not allow any residential uses. The existing zoning could allow some types of commercial recreation, social services such as day care centers, public or private schools, and similar assembly uses that may be incompatible with the existing neighborhood. A potential buyer of the excess property would be burdened with changing the zoning to a more appropriate zone. The City Council has directed the city staff to ensure the property is zoned for single family dwellings. The proposed R-70-R zone would allow single family homes on slightly smaller lots that will provide more housing choices in this neighborhood.
 
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 City Fire Department will ensure safe access to the site and provision for protection from fire to the new buildings.
 
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. Lower density subdivisions increase response times by police and emergency service providers. The proposed zoning will increase the availability and variety of housing options for Billings’ residents and promote the general welfare.
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?

Transportation: The proposed zoning may have some impact on the surrounding streets, and a traffic impact study may be required depending on the development that is built on the property in the future. The proposed zoning could generate up to 360 new vehicle trips per day on Monad Road. This level of traffic generation would not require a traffic study. Other uses allowed by special review approval could generate more traffic. New development that generates 500+ new vehicle trips per day will require a Traffic Accessibility Study (TAS).

Water and Sewer: The City will be able to provide water and sewer to the property by extension of those utilities from S. 30^th St West. A new Zone 3 Water Reservoir may be built in the future to provide additional storage capacity.  

Schools and Parks: There may be an impact to schools from the proposed zone change if the property is developed for residential uses in the future. The property is in the Big Sky Elementary and Riverside Middle School District and in the West High District (SD #2)

Fire and Police: The subject property is currently served by City Police, Fire and Emergency Services.
 
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 a new single family development of 6 units per acre is approximately 10 trips per day per dwelling unit or about 360 new trips at maximum density. The current traffic on this section of Monad is estimated between 8,000 and 9,500 vehicle trips per day. The maximum number of new trips is about a 4.5% increase and the existing street design can handle the additional traffic. A different type of development for a special review use such as church may require the preparation of a TAS. The 2011 Bikeway and Trail Master Plan included a proposed on-street bike lane for Monad Road. There is a sidewalk on the east side of S 30^th Street West but no pedestrian facilities exist on S 31^st Street West. There is a curb-walk sidewalk on Monad Road along the Lampman Park frontage with accessible ramps at both intersections. Any new development may require the installation of boulevard sidewalks on S 30^th Street West and S 31^st Street West to ensure safe pedestrian access.
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. Lower density development is inefficient and ineffective in recovering the costs to extend city services. Higher densities of development, such as the proposed zoning, will allow the city to grow in a better urban pattern and form.
 
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 district and the suitability of the property for higher density single family residences. There are several existing and new single family developments in the area. The Growth Policy encourages higher density housing along arterials between major intersections to avoid the “strip commercial” development typical of older arterial streets in Billings. The increased traffic generation of a multi-family development would not be beneficial to this minor arterial street and would be incompatible with the existing neighborhood.  
 
9.   Will the new zoning conserve the value of buildings?
Surrounding property exhibits higher taxable land value. The property is currently vacant and should increase in value when developed. The proposed zoning may also increase the marketability and price the city could achieve from the sale of the excess parkland. There are no buildings on the subject property.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit slightly denser development and allow more housing choices in the area. The surrounding development is compatible and this is the most appropriate use of the land.

Approval of the zone change will likely enhance the marketability and market price the city may be offered during a property sale. The property, when sold, will be added to the tax base of the city increasing tax revenues.

Lampman Subdivision was annexed into the city over a period of 8 years from 1982 to 1990. At the time of annexation, the default zoning of Residential 9,600 was assigned to the annexed lots. Several zone changes over the past 2 decades have changed the residential zoning to commercial zoning near the intersection of King Avenue West and 32^nd Street West and created higher density residential zoning such as Residential 8,000 and Residential 6,000 along Rosebud Drive east of 32^nd Street West.  Terra West, Ryan, Summer Ridge and Westward Ho subdivisions have been approved for zone changes for higher density residential zoning from 1976 to 2007.

The applicant is requesting to rezone a 5.9 acre parcel known as Lampman Park in order to increase the marketability of the excess park land and to ensure the development of single family homes that are compatible with the adjacent Lampman subdivision residences. The parkland was determined to be excess by the City Council and will be sold in the near future. The purchaser of the property will need to develop a subdivision plan or master site plan to construct homes on the property. The developer will be responsible for construction of any new streets, alleys as well as utilities to the serve the property. The proposed zone change will allow the development of single family homes on lots of at least 7,000 square feet in area. The proposed zoning does not allow 2-family dwellings or multi-family dwellings. The new zoning allows certain uses only by special review approval such as day care centers, churches, assisted living facilities for more than 8 persons or private schools. The existing Public zoning does not allow any residential uses.
 
Monad Road, S. 30^th Street West and S. 31^st Street West all provide frontage to the parcel. Monad Road is a minor arterial street and the City will likely limit new drive approaches or new street accesses on this frontage. Monad Road carries between 8,000 and 9,500 vehicle trips per day, according to the 2013 Traffic Count program. Exact numbers are not available for this portion of the Monad Road between 24^th Street West and 32^nd Street West due to established count stations. East of 24^th Street West, Monad Road has a traffic count of 9,220 for 2013. West of 32^nd Street West, Monad Road has a traffic count of 5,730 for 2013. There are several neighborhoods that use Monad Road as a primary arterial access between 24^th Street West and 32^nd Street West. The proposed zoning could allow up to 36 single family residences on 5.9 acres of land. This density could only be achieved if no land is dedicated for a new public street. This density could add up 360 new vehicle trips to Monad Road but is not enough to trigger a traffic accessibility study. Monad Road has adequate capacity to handle the additional traffic.
 
The R-70-R zone allows a maximum building height of 34 feet and a front and rear property line minimum setback of 20 feet. These building heights and setbacks are the same for the adjacent R-96 zoning district. Structures near Monad Road will need to maintain a 70-foot setback to the centerline of Monad Road because it is a minor arterial street. Monad Road right-of-way is 130 feet in width at this location, primarily to accommodate the Bannister Drain underneath the right-of-way. The maximum density of dwelling units in the R-70-R zone is 6 dwelling units per acre. The maximum density in the adjacent Lampman subdivision is 4 dwelling units per acre, but north across Monad Road lots have been developed at higher densities. Site development for driveways, access roads, building setbacks, and off-street parking results in a density lower than the maximum available.  
 
The applicant conducted a pre-application neighborhood meeting on October 24, 2013. There were no significant questions or concerns raised at the neighborhood meeting. A synopsis of the meeting, list of attendees, and the agents answer to the above questions is in Attachment D. No surrounding property owners contacted the Planning Division staff prior to the Zoning Commission public hearing.
 
The Planning Division reviewed the application and recommended approval to the Zoning Commission based on the findings of the ten (10) criteria for zone changes. The Zoning Commission concurred with this recommendation. The subject property is adjacent to single family zoning to the east, west, and south, and higher density residential zoning north across Monad Road. The proposed zoning will allow a new owner to develop single family homes on lots slightly smaller than the existing lots in Lampman subdivision but the uses will be compatible. The uses allowed within the R-96 and R-70-R are the same. The proposed zoning is compatible with the surrounding zoning and neighborhood character. Any development of the property requires compliance with the new zoning and the ability to meet site development requirements including connections to city utilities. The 2008 Growth Policy encourages predictable land use decisions that are consistent with neighborhood character and land use patterns. The existing subdivision and proposed zoning are consistent with this neighborhood and land use pattern.

The Zoning Commission conducted a public hearing on December 3, 2013, and received the staff recommendation and testimony from Mark Jarvis, agent and Park Planner for the City of Billings. Commission Member Mike Boyett asked Mr. Jarvis why the city did not propose R-96 zoning, the zoning in the surrounding Lampman Subdivision. Mr. Jarvis stated there was some consideration for this zoning but the decision was to allow slightly higher density of single family homes due to its location on an arterial street and the potential market price for the property. In response to a question from Chairman Leonard Dailey, Jr. Mr Jarvis stated the department had a comparative market analysis done to estimate the marketability and property price based on 2 different single family zoning districts and 1 single or two-family zoning district. He stated after the neighborhood meeting in November it was decided to proceed with the R-70-R zoning request. Mr. Jarvis explained the process the Parks and Cemetery Board used to decide parks or lands under their management that be excess land to be sold for private uses. Mr. Jarvis stated it is the intent to use some or all of the proceeds from this sale to fund the development of the Lampman strip park to the east along the irrigation canal. There was no other testimony from the public or the applicant.

Member Mike Boyett made a motion to recommend approval and adoption of the findings of the 10 criteria. The motion was seconded by Member Dan Wagner. The motion was approved on a 4-0 vote.

The Consistency with Adopted Plans or Policies is discussed in the Alternatives Analyzed section above.