Zone Change 957 – Western Sky Subdivision Lots 3 & 4 – A zone change from Community Commercial (CC), Residential Multi-family-Restricted (RMF-R), Residential 5,000 (R-50), Residential 7,000 (R-70), Residential 9,600 (R-96) and Public (P) to Planned Development (PD) for a new mixed use neighborhood with underlying zoning of PD-CC, PD-NC, PD-RMF and PD-RMH with additional area for public and private open space amenities. A pre-application neighborhood meeting was held at the subject property on April 24, 2017. A preliminary Review meeting was held with the surrounding owners, the applicant, and City staff on June 27, 2017. Tax IDs: C15620, D00614. Presented by Nicole Cromwell, Zoning Coordinator

Planning staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 957.

OWNER: Mont Vista LLC, and Gerald & Barbara Krieg
AGENT: KLJ Engineering, Travis Copper, P.E.
LEGAL DESCRIPTION: Lots 3 and 4, Western Sky Subdivision
ADDRESS: Southeast corner of 48th St West and King Ave West
CURRENT ZONING: CC, RMF-R, R-96, R-70, R-50 and Public
EXISTING LAND USE: Vacant - agricultural land
PROPOSED USE: New mixed use subdivision
SIZE OF PARCEL: 66 +/- acres

A preliminary subdivision plat and Master Site Plan have been submitted.

The property was annexed and zoned in May 2007 from A-1 to CC, R-50, R-70, RMF-R and Public zoning. The original subdivision plan was the basis for the current zoning boundaries. The subdivision, King Meadows, was never filed as a final plat. Subsequently, Lots 1 and 2 to the east were sold and developed by another party. Two zone changes for Lots 1 and 2 have been approved to expand the area for multi-family development and to consolidate the Public zoning for a larger active recreation area.

NORTH:	Zoning: A-1 Land Use: Agricultural land
SOUTH:	Zoning: R-70 Land Use: Agricultural land
EAST:	Zoning: RMF-R, Public & R-70 Land Use: Western Subdivision - Hoop Dreams Multi-family development
WEST:	Zoning: A-1 Land Use: Agricultural land and low density residential development

This is an application to change the existing zoning of 2 lots in the Western Sky Subdivision from the original zoning scheme based on an expired subdivision plan (King Meadows). The owners are proposing a mixture of land uses including neighborhood services, retail development, office space, multi-family apartments as well as an area for a manufactured home development. Each area has proposed an underlying zoning district (Master Plan) that corresponds to the proposed Planned Development zoning agreement. In addition to the creation of these specialized zoning districts, the applicant intends to building a network of walking and biking trails and unique outdoor recreation opportunities that exceed the requirements for park dedication in the subdivision regulations. The owners are working with the adjacent owner to the east to ensure the parkland dedication for the subdivisions connects and adds value for both areas.

The proposed Master Plan indicates 8.5 acres of PD-CC zoning, 10.3 acres of PD-NC, 15.3 acres of PD-RMF and 31.1 acres of PD-RMH. The proposed PD-CC zone is located at the intersection of 48th Street West and King Avenue West. All uses allowed by right or by special review in the standard CC zoning district will be allowed in the PD zoning district. The proposed PD-NC zone (east of the CC district) will also allow all NC uses but adds a use for personal storage warehousing if setback from the King Avenue West frontage. This provision was inadvertently not included in the draft PD agreement. Staff recommends adding the following language to Section 9. (Page 8) under Minimum Community Commercial and Neighborhood Commercial Setbacks and Landscaping Requirements: 

• Building Setbacks - no changes from BMCC - except no personal storage warehouse, general warehouse or storage yard shall be constructed or established within 150 feet of the King Avenue West property line.

A final subdivision plat has not been approved or submitted by the applicant. The Master Plan states an intent to exceed the required parkland dedication requirements. These requirements will be based on the number of dwelling units proposed in the PD-RMF and PD-RMH areas shown on the Master Plan. The subdivision requirement is: "Sec. 23-1002. B. Park dedication requirements for subdivisions that provide for multi-family and condominium developments, and that provide permanent, multiple spaces for recreational camping vehicles or manufactured homes shall be in lieu of those provided in Section 23- 1002(A) and are as follows: 1. 11% of the area of the net land proposed to be developed at a density of one dwelling unit per half acre or less;...". In addition to meeting this required minimum area dedication, the applicant will be the builder and developer of the facilities in these parkland areas including walking trails, landscaping, the multi-use trail along 48th St West as well as ensuring the trails and walkways allow connection to planned and existing open space to the east and south.

A Planned Development zone change may be considered if the proposal meets the intent of a PD zone by using flexible land use and design regulations to create a unique development that could not otherwise be created through the use of standard zoning districts. The proposed development will create a unique and flexible set of underlying zoning districts and will encourage pedestrian access between and through the development to adjacent open space areas. There are specific landscaping requirements proposed between the commercial zones and the adjacent residential zones that will provide the necessary screening between these uses. The proposed setbacks and landscaping are greater than required in the standard zoning regulations. The PD also specifies screening fences and walls for the proposed PD-RMH zone that will ensure the security of the development as well as providing a traffic noise barrier along 48th Street West. 

The Planning Division held a preliminary review meeting on Tuesday, June 27, 2017 at the Planning offices. The applicant, agent and several surrounding property owners attended the meeting to review the specifics of the PD agreement and the Master Plan. There was some concern voiced by the property owners to the north and east about the proposed access from the subject property to King Avenue West. The original subdivision plan anticipated installation of a single shared street connection at the boundary of Lot 2 (adjacent to the east) and Lot 3 of the subject property. The proposed street connection submitted by the applicant for Montana Department of Transportation (MDT) approval is shown 300+/- feet west of the common boundary between Lot 2 and Lot 3. The owner to the east, Cal Kunkel, expressed concern that MDT  would not allow a second permanent street approach on Lot 2 and the proposal by the applicant would unnecessarily restrict future development on his property. The property owners to the north, Jan Rehberg and the Dyk family represented by Blaine Poppler, had similar concerns. The applicant and surrounding owners were going to discuss alternatives with MDT and bring those forward through the subdivision process.

The Planning Division has reviewed this application and is recommending approval based on the attached ten (10) criteria for zone changes. The subject property is located in an area of growth in the West End of Billings. This area west of Shiloh Road includes a large number of multi-family dwelling units (1,000+) with some area devoted to retail businesses and services. There are plans for future development of dwellings for ownership in this proposed PD as well as adjacent subdivisions. The proposed zoning supports the 2016 Growth Policy goal of locating compatible uses in proximity to similar uses, providing for interconnected sidewalks and trails, abundant landscaping along streets and corridors, provision of amenities and facilities in the parks and open space areas, and a mixture of housing types and choices. The proposal also has the ability to provide everyday services to the future residents by ensuring connections between the commercial areas to the north and the residential areas on the south. Any effects of the proposed development on traffic, non-motorized travel, public safety, irrigation ditches, and agricultural uses will be mitigated through the subdivision process. There are compatible uses adjacent to this parcel including Hoop Dreams Apartments to the east. The overall proposed residential dwelling density is about 7 dwelling units per gross acre of land (Lots 2 and 3).
 

Planning staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 957.