The Zoning Commission recommends approval of Zone Change 978 and adoption of the findings of the 10 criteria. The findings are found in the Background portion of the staff report. The City Council approved the zone change on first reading July 27, 2020. A second reading of the ordinance is required.

This is a zone change request from Entryway Light Industrial (ELI) to Highway Commercial (HC) on a parcel in Montana Sapphire Subdivision to facilitate the construction of a new apartment complex. The development will be similar to the Long Beach apartments south and west of the property. The Entryway zoning does not allow residential uses by right. A zone change to the HC zone will allow all types of residential uses including single family, two-family and multi-family residences. The applicant states there might be 70 to 100 units on this 8.5 acre parcel of land. Using 100 units, this averages about 12 units per acre. The maximum density allowed in the HC zone would be about 28 units per acre. The average development density for multi-family apartments in Billings is much lower usually around 12 to 18 units per acre. The proposed development is in line with the average density in the area. The property is the largest undeveloped lot remaining in the subdivision.

The property has good access to local streets that connect to the north, east and west to King Avenue West and Shiloh Road. The area is developing as a mixed use area with retail, service businesses, medical services, and residential. The Shiloh Conservation Area to the south is a significant outdoor amenity for the area. The City has recently purchased additional acres for water conservation and development of a new open water reservoir. The Western Sky Subdivision to the west, and the two subdivisions to the north are also developing in a mixed use pattern allowing for residential, commercial and office uses in an urban environment.

Development of both arterial streets, (King Avenue West and Shiloh Road) is progressing as property adds traffic and infill to the area. Traffic on Shiloh Road averages about 17,250 vehicle trips per week day while King Ave West in this area averages about 10,500 vehicle trips per day. MET Transit operates a fixed route bus line that runs through Montana Sapphire subdivision making transportation options convenient. There is a multi-use trail along the west side of Shiloh Road that also connects to nearby open space and retail areas. The property can be served by all city utilities and services. It is within a developed area of West Billings and is in conformance with the goals, policies and guidance of the 2001 West Billings Neighborhood Plan and the 2011 Infill Policy.

Prior to making a decision on the zone change request, the City Council shall consider the findings recommended by the Zoning Commission.

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 compatible uses and offer a range of housing choices and development densities. The West Billings Plan adopted a number of Goals, Policies, and Implementation Strategies. The proposed zone change is consistent with the following adopted Policies of Planned Growth Goal 1: Establish Development Patterns that Use Land More Efficiently Policy R “Encourage innovative land-use
planning techniques to be used in building higher density and mixed-use developments as well as infill developments." The proposed zone change will accommodate uses that are compatible in a mixed-use environment and will fulfill a growing market for a variety of housing choices. The proposed development will also have good access to outdoor activities and is in close proximity to commercial centers and transportation options.

The proposed zone change is also in line with the adopted 2016 Growth Policy goals for:
Home Base: Strong Neighborhoods:
The proposed zoning would accommodate a variety of housing choices and bring more residents into the area. Additional residents will help make this area a complete "neighborhood" where activity is not just during business hours. A mixture of uses can encourage a safer place by having more "eyes" on the street. The diverse housing choices and other commercial services in the area will help create a solid neighborhood in this area of West Billings.

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 proposed amendment will allow new residential uses in an area with high demand for housing choices.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed amendment will have a measurable effect on the transportation system. The city has reviewed a traffic study for the entire subdivision and proposed uses. Initially, the subdivision was intended for all commercial uses with some light industrial uses as well. The addition of residential
uses has changed the original anticipated traffic impact and updates to the original study have been done whenever a new proposal is brought forward through the Master Site Plan approval process. Any changes needed to mitigate the new type of traffic will be implemented through the City Engineering Division.

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 and parks may be effected by the proposed amendment. Residential dwellings typically include school-age children so this may increase the student population in the Elysian Elementary and Billings West High School districts. The closest community park to this location is Centennial Park (north of Central on 32nd St West). Although this is some miles from the subject property there are recreational trails and activities in the immediate area.

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 proposed zone change and development for residential uses will have an impact on the functioning of the local intersections with King Ave W and Shiloh Road. Prior traffic studies for Montana Sapphire Subdivision may need to be updated to consider this new type of traffic. The City Traffic Engineer will make this determination when a proposal is submitted for construction as part of the Master Site Plan Process. Traffic counts in the arterial streets. MDT retains jurisdiction over the management of King Avenue West.

7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatible urban growth in this area. The proposed will allow a mixed use urban neighborhood in an area with this existing pattern in place.

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 48 th St West is an area undergoing rapid growth population growth. The proposed amendment will allow additional housing choices in the area. 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.

City Council may:

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

Approval of the zone change has no impact on the Planning Division Budget.