This is a zone change from Residential 7,000 (R-70) to residential 6,000 (R-60) on Parcel A of amended Tracts A-G of Certificate of Survey (C/S) 87 and an unplatted portion of Section 5, T1S, R26 E, for the proposed Midway Townhomes development. The property is located on Yellowstone Avenue between 10th St West and 11th St West. The parcel is about 3 acres in area. The applicant conducted a pre-application neighborhood meeting on December 17, 2014, at the Shrine Lodge Room, 1125 Broadwater Avenue. The Zoning Commission conducted a public hearing on February 3, 2015, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 4-0 vote.

City Council may:

• Approve the zone change as recommended by the Zoning Commission and adopt the findings of the 10 criteria;
• Deny the zone change and adopt different findings of the 10 criteria;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

If the zone change is approved and the property is developed as proposed, the City's tax base will expand in an area where current infrastructure and services are already available.

The applicant is proposing to rezone about 3 acres of land from R-70 to R-60 for the purpose of developing a townhome project as an infill of vacant land in an existing Billings neighborhood near 10th St West and Yellowstone Avenue. The applicant is proposing to construct 2-family townhomes (duplexes) that will share common private facilities. The existing zoning allows duplexes, but the applicant is interested in a slightly higher density than allowed in the current zone. The applicant has prepared and submitted a Master Site Plan Application for review for the townhome layout and for the private shared facilities. It was discovered during this process that the zoning would need to be changed to accommodate the proposed density and layout for lot coverage and front setbacks.

The applicant is not proposing multi-family dwellings (triplexes or greater) on the property. The surrounding zoning is a mixture of low to medium density residential uses and commercial zoning to the northeast and south (Broadwater Avenue). There is an apartment complex to the east and two-family dwellings to the west. To the south, is R-60 zoning with single and 2-family dwellings. One block south and east are three, 4-plex dwellings under construction after City Council approval in 2013. This property is two blocks north of Broadwater Avenue, a well-developed commercial district and on a MET Transit route. The property has been used as an informal access through the Shrine property and up to Lewis Avenue. The aerial photos clearly show this informal use of the property. The proposed development may limit or control through access on Yellowstone Avenue so traffic using this property now will have to use streets and sidewalks on developed streets. The City Engineering Division will determine how Yellowstone Avenue is built to manage traffic from the development and other traffic in the area.

The applicants conducted a pre-application meeting and nine surrounding property owners attended and one called the applicants prior to the meeting with questions. No surrounding property owners contacted the Planning staff. Several property owners asked questions regarding solid waste service, where the streets would connect and not connect, building height and style, as well as storm water treatment and retention.

There have been nine similar zone change requests in this area of Billings since 1976. Six of these requests were denied primarily for reasons of incompatibility with existing neighborhoods. Prior to 1997, multi-family dwellings up to 8 attached dwelling units were allowed in the R-60 zoning districts. After 1997, multi-family dwellings (3 or more attached units), required City Council approval by special review. Five of the six rejected requests were prior to 1997.

The Planning staff reviewed the application and recommended approval to the Zoning Commission based on the findings of the 10 criteria for this zone change. The Zoning Commission concurred with the staff recommendation and findings. The property is adjacent to R-60 zoning to the south and the proposed development is compatible with the existing neighborhood pattern in this area. The zoning is consistent with the City's 2008 Growth Policy and Infill Policy. The surrounding neighborhood started developing in the mid-1950s and slowly filled in through the mid-1970s. This property has been vacant and was never proposed for subdivision or development by the previous owner. This is an opportunity to provide additional housing choices in this neighborhood where rental homes, apartments, townhomes and single family residences already exist. The proposed dwelling density is slightly over nine units per acre, so the infill development will demand fewer services per dwelling unit than a less dense development pattern.

The Zoning Commission conducted a public hearing on February 3, 2015, and received the staff recommendation and testimony from Tom Llewellyn, agent for the owners, and Riley Kelly, one of the applicants. No other testimony was received.

Mr. Llewellyn testified the applicants have been working on the Midway Townhomes project since last spring. He stated the City Engineering Division and the Fire Department have approved the plan to keep Yellowstone Avenue closed at 11th Street West so there will be no through traffic. He stated that 10th Street West, south of Yellowstone Avenue, will not be developed because the grades are too steep. He stated the primary access will be to the north on to Lewis Avenue. Mr. Llewellyn stated the storm water control plan has been completed and will be approved by the City. He stated there will be an emergency access gate on the west end of the Yellowstone Avenue in addition to 2 hammerhead turn around areas for the Fire Department. He stated there will be no garage accesses off the alley north of Wyoming Avenue, but the new residents will have gates in the fence so garbage can be placed in the alley collection bins. He stated the remaining units will have curb-side garbage service. In response to a question from Commission Chair Leonard Dailey, Jr., Mr. Llewellyn stated the contractors for installing the new utility lines will be ready 30 days after the zoning is approved. Mr. Llewellyn stated the unit ownership documents have been completed and will allow for unit owners to design there own structures so there will be variety in building styles and architecture.

Mr. Kelly asked the Zoning Commission to support the requested zone change. He stated he is excited to complete this neighborhood with this infill project.

Commission member Barbara Hawkins made a motion to recommend approval and adoption of the findings of the 10 criteria and the motion was seconded by Mike Boyett. The motion was approved on a 4-0 vote.

Prior to making a decision on the requested zone change the City Council shall consider the findings of the following 10 criteria:

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 allow an underutilized property within the city limits to develop in a similar pattern and density consistent with the surrounding property. The zoning district is compatible with the neighborhood character and land use patterns. The Infill Policy encourages development of vacant and undervalued property within the city limits with emphasis on housing choice and efficient use of existing city infrastructure and services. 

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. Development of the vacant land in the city will promote the public health and safety of the adjacent residential neighborhood by providing full development of streets, closing informal traffic cut-through on Yellowstone Avenue and address storm water issues in the area.
 
4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning and subsequent Master Site Plan will have an impact on the surrounding transportation systems. The City Engineering Division will work closely with the owner to ensure impacts are minimized.  

Water and Sewer: The City will provide water and sewer to the property. There should be no additional impact to the system from the proposed zoning.   

Schools and Parks: There may be a limited impact to schools from the proposed zone change. Residential development is an allowed use in both the current zoning and the proposed zoning. The development plan is for two-family dwellings as townhomes (each unit separately owned).     

Fire and Police: The subject property will be served by city public safety services. The Police Department had no concerns with the zone change and the Fire Department will be involved in the Master Site Plan approval process. Access for emergency services will be assured through this process. Fire Station #4 is approximately ¾ of a mile to the south and east.   
 
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?
The new zoning will have an effect on vehicle and pedestrian traffic. Yellowstone Avenue is not a dedicated right of way all the way through this property. In addition, 10^th Street West on the east side of the property is not a dedicated right-of-way although a sanitary sewer main exists under this gravel road. There is a small section of Yellowstone Avenue constructed along the south side of the property at 910 10^th Street West (apartments) but it is a dead-end. People drive around the barricades to access the Shrine Auditorium parking lot. Development of the property will remove this informal access. There is an alley on the property's south side that will provide access to alley garbage service for some of the townhomes. 10^th Street West, south of Yellowstone Avenue, is an incomplete street. The city has sanitary sewer main under the dirt/gravel section of the street but no right of way has been dedicated. This sanitary sewer main was installed in 1974. The City Engineering Division will determine the required street improvements for Yellowstone Avenue and 10^th Street West.  
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow residential uses with an efficient density as an infill project.
 
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 a mix of housing types in the neighborhood.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently vacant. The value of existing buildings should increase when the property is developed.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit residential dwellings of similar type and density as the surrounding neighborhood and is the most appropriate use of land at this location.