Planning Staff recommends approval and adoption of the findings of the ten review criteria for Zone Change 997, a Mixed Use Planned Neighborhood Development zone change.

This is a zone change request for a new Planned Neighborhood Development zone change for a proposed annexation of a 65.873 acre parcel at the intersection of King Ave W and 48th St West. The proposed Mixed Use PND will include 7.02 acres of CMU1, about 12 acres of NX2, 36.75 acres of N2 zoning and about 6.5 acres of open space (P1). The PND is a new zoning tool to help guide the coordination of annexation, subdivisions, and master plning for new city neighborhoods. The previous zoning code allowed urban-type zoning districts in both the city and the county. In many cases, developers were "pre-zoning" parcels in the county prior to annexation. The new PND tool will allow developers to process all the zoning with the City Council, phase the annexation of the property (if necessary), and coordinate both of these processes with subdivision or master site plan review. The new tool applies a level of certainty to all stakeholders, including the surrounding property owners.

This zone change is for a Mixed Use PND and includes some mixed use zoning (CMU1) at the intersection of the two arterial streets, mixed residential zoning (NX2) in two locations with most of the remaining area in the Mid-Century Neighborhood (N2) zone district. There is a substantial amount of open space shown on the plan. A master plan for the use and development of this open space is not yet completed. There is a small "in-holding" parcel that is wholly surrounded by the proposed annexed property. This parcel is about 1.25 acres, is zoned Agriculture and has a single family dwelling. The property is owned by Frank and Sharon Wetsch. 

APPLICATION DATA
OWNER: Thomas and Mary Dyk Trust
AGENT: Performance Engineering, Craig Dalton, P.E.
LEGAL DESCRIPTION: Tract 2C, 2-G-1, 14, and 2-H-1 of Certificate of Survey 983
ADDRESS: King Avenue West and 48th St West - 645 S 48th St West
CURRENT ZONING: Agriculture (A)
EXISTING LAND USE: Agriculture and residence (one)
PROPOSED USE: Residential and Mixed Use
SIZE OF PARCEL: 65.873 acres

CONCURRENT APPLICATIONS:
Petition for Annexation 21-09

SURROUNDING ZONING AND LAND USE:
NORTH: Zoning: Rural Residential 1 (RR1)
Land Use: County residences on large lots
SOUTH: Zoning: Western Sky Planned Development (PD-NC and PD-CC)
Land Use: Vacant land
EAST: Zoning: Lenhardt Square Planned Development (PD-MFR & PD-MU)
Land Use: Vacant land
WEST: Zoning: Agriculture (A)
Land Use: Agricultural and single family residences

This area of Billings has experienced a great deal of growth and development in the past decade. This includes three Planned Development zones, customized zoning for specific parcels, that include mixed uses, residential development and medical facilities. Housing demand has reached a high level while supply of all types of housing choices has not kept up with the demand. At least two decades ago, local planning and growth policy documents indicated a need for independent living units for aging residents who want to "downsize" from a maintenance heavy single family dwelling on a large lot to unit ownership or townhomes as well as rental apartments. The 2010 Census indicated Billings, like many other urban areas, saw a reduction in average household size to 2.3 persons. Smaller households, aging residents and the higher costs of all housing has driven the demand for apartments, townhomes, and smaller multi-family products. Developers have made robust investments in multi-family dwelling choices in Lenhardt Square already including the InterUrban and Interpointe Apartments, and the KWO Apartments. A new multi-family project is planned for the northern piece of Lenhardt Square. Several other multi-family developments have come on-line in the last 15 years around King Avenue West and Shiloh Road including Long Beach Apartments, Affinity at Billings (age restricted), and Hoop Dreams Apartments and condominiums. Apartments, townhomes and unit ownership housing choices are still in high demand in Billings especially in areas close to shopping, schools and recreational opportunities.

There are challenges to an area of urban development that is on the edge of the city limits. These challenges include ensuring the adjacent county property owners and uses are protected as much as possible from conflicts with the new urban neighborhood residents and uses. This is not meant to ensure similarity or homogenous development patterns between the city and county, but the development plan includes buffering, connectivity where and when needed, and recognition of similar goals for both types of property. The 2016 Billings Growth Policy and the 2001 West Billings Neighborhood Plan goals and policies support the proposed Mixed Use PND. 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 proposed zone change supports these goals. The 2016 Billings Growth Policy supports a broad range of housing choices, encourages more walkable neighborhoods with connectivity to other transportation options, and building the community fabric through urban designed public spaces. The proposed zone change supports these goals as well.

The applicant and agent conducted a pre-application neighborhood meeting on June 23, 2021 and six surrounding owners attended. The meeting was held in a virtual format. Sharon Wetsch, one of the owners of the in holding parcel, asked questions regarding her parcel's access and how that would be affected by the zone change and development. The applicant stated the existing easement to her lot from King Ave West would stay in place until she or a future owner of the parcel abandoned the easement or wanted it re-located. There were other general questions about the road layout and how the development would progress.

As part of the PND zone change process, the applicant is also required to hold a pre-application Concept Review meeting with city staff to address any concerns with the street layout, zone districts, access, parks, utilities and similar infrastructure provisions. Staff was generally supportive of the proposed street layout and distribution of the zone districts.

Planning staff did not receive any comments prior to completing the staff report for the zone change.

The Zoning Commission may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 997; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 997; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

Approval or denial of the proposed zone change should not have an effect on the Planning Division budget.

Before making a recommendation to the City Council, the Zoning Commission shall consider the following findings of the ten review criteria:
  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 MU-PND is compatible with goals of the West Billings Neighborhood Plan. The proposed zone change and street layout will accommodate uses that are compatible in a mixed-use environment. The proposed development will also have good access to outdoor activities and is in proximity to commercial centers and transportation options.

The proposed amendment is also in line with the adopted 2016 Growth Policy goals for:
Strong Neighborhoods:

• Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill and social interaction
• Safe and livable neighborhoods can be achieved through subdivision design that focuses on complete streets, pedestrian-scale street lights, street trees and walkable access to public spaces
• Neighborhoods that are safe and attractive and provide essential services are much desired Implementation of the Infill Policy is important to encourage development of underutilized properties

Home Base:

• A mix of housing types that meet the needs of a diverse population is important
• The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development
• Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
• Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings
• Public safety and emergency service response are critical to the well-being of Billings’ residents
• Homes that are safe and sound support a healthy community

The proposed layout for the Ridgeline Development will allow the higher density housing and commercial uses to occupy the high-value arterial street frontage. The layout of the linear parkland through the center of the development will provide a safe connection for pedestrians and recreation from north to south. The CMU1 zoning at the arterial street intersection will also provide quick and safe access to neighborhood services and businesses. The larger park parcel that faces the CMU1 district across the internal street is a good urban design element not often used in Billings. Even the larger community parks in Billings are not often in proximity to a neighborhood service center or commercial mixed use area. This will create a unique opportunity to develop complementary uses. 

2) Is the new zoning designed to secure from fire and other dangers?
The zoning requires minimum setbacks, open and landscaped areas and building separations. The zoning assembly and street layout is designed to secure the development 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 change. Approval of the overall zoning plan and street layout will provide certainty both for the property owner and the surrounding owners. Annexation and provision of public health and safety services from the city will promote the general welfare of the area.

4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The applicant has started the process of developing a traffic impact study and will coordinate with the city Engineering Division and state Department of Transportation to ensure access to and from the entire development will be safe and adequate traffic controls and management are in place. The applicant will be part of building a multi-use path the two arterial streets. As each area of the new neighborhood is developed, a review of the original traffic plan will ensure the required mitigation is still relevant or in need of updating.
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 changes.
Schools and Parks: Schools and parks may be effected by the proposed zone change and development of a new city neighborhood. SD #2 did not provide any comments.
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?
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 the multi-use trail on Shiloh Road and to the nearby Shiloh Conservation Area Trail system to the east. Pedestrian connections will be ensured through the development, and the property is close to a fixed route MET bus line. 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 11,390 vehicles per day at this location, less than Rimrock Road at 17th St West. 48th Street West is less than most local streets with about 2,500 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 be managing the 48th St W right of way when it is annexed to the city.

7) Will the new zoning will promote compatible urban growth?
The proposed increase in the overall development density is compatible with urban growth and the provision of city level services to the new residents. The proposed zone district boundaries are consistent with the urban growth in this area and will be compatible with the surrounding neighborhoods

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 urban development and growth. Demand for local neighborhood and commercial services is increasing. Increasing the area for these services is suitable for this location. Providing a wide range of housing choices is also suitable for this area.

9) Will the new zoning conserve the value of buildings?
The property is a combination of developed and agricultural parcels. There is a single family home at 645 S 48th St West. The home will become a legal nonconforming use when the new zoning of NX2 is applied to this part of the property. Fortunately, the City Zoning Regulations protect all existing residential uses in neighborhood zones and will allow re-building of the structure without requiring a variance or a zone change. Approval of the zone change will provide certainty to surrounding landowners and may help to maintain property values of adjacent buildings.

10) Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed MU-PND will encourage the most appropriate use of this land in Billings.