This is a zone change request 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, Mont Vista, LLC and City staff on June 27, 2017. The Zoning Commission  conducted a public hearing on August 1, 2017, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 5-0 vote. The City Council approved the zone change on 1st reading on August 28, 2017. A second reading of the ordinance is required to approve the zone change.

Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another types of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district.

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission;
• 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.

Prior to making a decision on the proposed zone change, the City Council shall consider the following findings of the 10 review criteria:
1. Is the new zoning designed in accordance with the Growth Policy?The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy and the West Billings Neighborhood Plan (2001):
The West Billings Neighborhood Plan goals and objectives stated the need to locate retail and commercial areas based on arterial street intersections "…Commercial nodes should be comprised of, as much as possible, a diverse range of commercial, business office, and entertainment facilities. It is intended that neighborhood centers should be roughly the size of the center currently located at the  northwest corner of Grand Avenue and Rehberg Lane and community centers roughly the size of West Park Plaza on Grand Avenue.
Regional centers are intended to serve the entire Billings community and the region beyond. Non-retail, office and multi-family uses will be supported along arterial streets. ..”

• The proposed zoning of PD-CC and PD-NC is conforming and compatible with goals of the West Billings Neighborhood Plan. The intersection of 48th St West and King Ave West was designated as a neighborhood center. Office use is planned for the PD-NC frontage along King Ave West with personal storage warehousing south of the office building(s). Another goal of the plan was to encourage better accessibility of everyday services to new neighborhoods. The proposed PD will allow the developer to inter-connect the residential and commercial areas so everyday services are walk-to conveniences for the residents.

Essential Investments, Strong Neighborhoods and Home Base (2016 Billings Growth Policy):
1) Neighborhoods that are safe and attractive and provide essential services are much desired.
2) Planning and construction of safe and affordable interconnected sidewalks and trails are important to the economy and livability of Billings.
3) Developed parks that provide recreation, special amenities (community gardens, dog parks, viewing areas), and active living opportunities are desirable for an attractive and healthy community.
4) Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels are desired.
5) Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction.
6) A mix of housing types that meet the needs of a diverse population is important.
7) Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe.
8) Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings.

• The proposed zoning would help create a new neighborhood with a mixture of uses within an area that is safe and  attractive. The developer intends to build an inter-connected system of trails and paths so the residents have access  throughout the area without having to drive. The PD agreement intends to allow a variety of housing choices in the area including apartments, condominiums, townhomes, manufactured homes and site-built single family dwellings. The proposed landscaping, fencing and buffer yards will ensure the safety of the residential areas, mitigate some of the traffic noise from 48th St West and King Ave West (arterial streets), and buffer the commercial uses from the residential uses when necessary.

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. The current zoning of the parcel was developed based on a subdivision that will not be constructed. The King Meadows Subdivision anticipated the construction of about 340 dwellings including single family, two-family and multi-family units. The new zoning will allow a greater variety of housing choices and will increase the density about 2 units per gross acre of land. In addition, the new zoning will allow a wider variety of neighborhood services in the proposed commercial zones.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will have a measurable effect on the transportation system. The applicant and agent have prepared a traffic study to be reviewed by the City Traffic Engineer as part of the subdivision application. The traffic study will make recommendations on the location of street access, any contributions needed for off-site impacts to other street intersections and any capacity increase needed due to new traffic from the development.
Water and Sewer: The City will provide water and sewer to the property. There will be no additional impacts to the system from the proposed zoning.
Schools and Parks: Schools will be affected by the proposed zoning, although it is not known the number of children that may become residents of 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.

6. Will the new zoning effect motorized and non-motorized transportation?
The new zoning will have an effect on vehicle and pedestrian traffic. The traffic study prepared by the applicant for the City Traffic Engineer’s approval will determine the level of traffic impact and any mitigation required. Non-motorized travel – walking and biking – is an essential part of the circulation plan both within the proposed development and connecting to adjacent areas including Hogan’s Slough and the Hoop Dreams development to the east. Traffic counts in the area on King Ave West and 48th St West are well below the expected volume on a principal arterial street. King Avenue West has an average daily traffic volume of 8,010 vehicles per day at this location, less than Poly Drive at 13th Street West. 48th Street West is less than most local streets with about 860 vehicles per day. As development increases in the area, these 2 arterial streets will need to build in additional controls, management facilities and safety features. MDT retains jurisdiction over the management of King Avenue West and the City will manage 48th St West where it has been annexed to the City.

7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatible urban growth in this area. The Hoop Dreams development to the east has a much higher density than the proposed density of this PD. The PD proposes to offer a variety of housing choices, with services available to the residents and the public. North of the subject property is the Lenhardt Square PD with a proposed urban village center along the King
Avenue frontage. Further east is the St. Vincent’s Healthcare PD that will provide commercial and retail services at the intersection of King Ave West and Shiloh Road along with an 80+/- acre medical campus to the north and west. The proposed PD uses and development is compatible with this urban growth pattern.

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. This area between Shiloh Road and 48th St West is an area undergoing rapid growth that is in need of more housing choices and neighborhood services. The proposed PD will provide these services and housing options and the development standards will help ensure its  compatibility with adjacent property. The property is suitable for the proposed use given its location in the area.

9. Will the new zoning conserve the value of buildings?
The property is currently undeveloped. Approval of the zone change will provide more certainty to surrounding land owners and may help to stabilize property values of adjacent buildings.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning may encourage the most appropriate use of this land in Billings. This specific location and use is appropriate.

Approval of the zone change will have a future financial impact to the City's property tax base. The property is currently vacant so City fees are assessed based on the vacant rate for storm water and arterial construction fees. Once the property is developed, the City fees will be adjusted based on the new zoning and the developed status of the property. The tax base will increase based on the value of the  improvements to the property. Demands for City services will begin at the time the first building or development permit is issued.

The Zoning Commission recommends approval and adoption of the findings of the 10 criteria for Zone Change 957, on a 5 to 0 vote.