County Zone Change 712 – 2433 Highway 87 E – From RR3 to N1 and NX1 - A zone change request from Rural Residential 3 (RR3) to First Neighborhood (N1), and Mixed Residential (NX1), on C.O.S. 929, PARCEL 4, AMD and  S31, T01 N, R27 E, SENWNW4, an 14.45 acre parcel of land. A pre-application neighborhood meeting was held on June 15, 2022, at Lockwood School. Tax ID: D06622 & D06613.

Planning staff is recommending approval of the zone change request and adoption of the findings of the 11 review criteria.

OWNER:  Vinton Ventures, LLP
AGENT: IMEG, Shawn Thorson
LEGAL DESCRIPTION:  C.O.S. 929, PARCEL 4, AMD and  S31, T01 N, R27 E, SENWNW4
ADDRESS: 2433 US Hwy 87 East
CURRENT ZONING:RR3
EXISTING LAND USE: Rural residential.
PROPOSED USE: Affordable Multi Family Residential
SIZE OF PARCEL: 14.45

None

See attached chart

NORTH:	Zoning: RR3 Land Use: Rural Residential development
SOUTH:	Zoning: NX1 Land Use: Mixed Residential
EAST:	Zoning: A & RR3 Land Use:
WEST:	Zoning: P2 Land Use: Church

This is a zone change to allow the future development of affordable multifamily housing choices in Lockwood. The application will allow more housing options such as duplexes, 3 or 4-plexes and possibly townhomes allowed in the NX1 zone district.  The N1 district allows for single family and two family homes. The Yellowstone County Zoning code Section 27-307 allows a change in zone to a First Neighborhood Residential (N1), and code Section 27-310 allows a change in zone to a Mixed Residential (NX1) zone when public water and sewer services are available to the subject property. The Lockwood Water and Sewer District has confirmed the properties are within the district boundary, but are not within the Water and Sewer Service area. Prior to any connection to District facilities the property owner will be required to submit a petition, and be approved for inclusion into the Service Area.

The applicant conducted a pre-application meeting on May 24, 2022, at the subject property. Several surrounding property owners attended the meeting. The pre-application materials are included as an attachment. The Planning Division received no inquiries or comments from the notified surrounding owners within 300 feet of the subject properties.  The Yellowstone County Zoning Commission, held a public hearing August 8, 2022, on the item after legal notification was published for this date.  At the meeting the Commission voted unanimously to accept the applicant's request to delay the hearing on the application to allow them to modify the requested zone change map.  On August 19, 2022, staff received a letter in opposition of the request (in attachments), no other comments were received. 

The Lockwood Growth Policy (2016) supports greater housing choices and development density in areas where water and sewer services exist or will be extended. A development density of 7 to 10 dwelling units per acre is shown on the preferred land use map from the Lockwood Growth Policy. The proposed NX1 and N1 zone districts are in line with the preferred development density.  

• Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.
• New developments that are sensitive to and compatible with the character of adjacent City neighborhoods and County town sites.
• Contiguous development focused in and around existing population centers separated by open space.
• Preserve neighborhood character and quality of life.

Schools and Parks: The development which would be allowed under the proposed zoning would likely increase the number of school children attending the Lockwood Schools. The number of dwelling units will determine the possible impact on schools. The School District had no comments on the application.
Fire and Police: The subject property is serviced by the Lockwood Fire District. Fire suppression requirements will be evaluated at the time of a development plan. 

4. Will the new zoning promote health and general welfare?
The new zoning will allow development of single and multifamily housing. The new zoning and development of a vacant parcel would provide a predictable use of the property and promote the health and general welfare of the adjacent area. There is planned to be residential development on the property, which is not expected to have a negative impact on the surrounding uses.

5. Will the new zoning provide adequate light and air?
The proposed zoning would require minimum setbacks, maximum building heights and maximum lot coverage. These requirements should allow adequate light and air to reach the subject property and adjacent properties.

6. Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning itself will not generate more traffic, but the development of the property for residential uses will add traffic volume to the surrounding street network. The estimated increase in traffic would depend on the number of units approved with this development. Each single family dwelling unit creates 10 to 13 new traffic trips per day on average. Multifamily developments tend to generate fewer trips per unit at about 8 trips per day per unit. This includes trips generated by the residents as well as deliveries and services for the new dwellings. Pedestrian traffic in the area is limited due to the lack of any pedestrian facilities on the county and state roads. The County may require sidewalks within the development depending on the master site plan of the development. The Montana Department of Transportation will be involved in reviewing the transportation impacts due to the primary access on to a state highway.

7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is across the street from rural residential, agricultural and heavy commercial zoning along the south side of Highway 87 East, and Public 2 (P2) zoning for a church on the property to the west. The proposed zoning is compatible with this development and surrounding uses.

8. Does the new zoning consider the character of the district and the suitability of the property for particular uses?
The subject property is in an area that is a mix of low/medium density residential, commercial, agricultural and other facilities and uses. The property is suitable for the N1 and  NX1 uses and will fit into this neighborhood.

9. Will the new zoning conserve the value of buildings?
The new zoning will allow the development of new residential uses adjacent to agricultural and residential uses, and across an arterial from commercial uses. The new residential uses should have a limited effect on existing structures on surrounding properties. There are currently residential structures and accessory buildings on the property that may be removed when the property is developed with new single and  multifamily housing. The new zoning should not affect the value of existing structures.

10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the uses allowed in the N1 and  NX1 zoning districts. This is an appropriate use of land in this area of the County and will encourage similar development to what is already in this part of the County. The proposed development is located off Highway 87 East and would grant residential development in the area. Bringing more affordable housing to this area is critical due to the growing population in Lockwood. The development of more housing choices in Lockwood will help meet this demand. The Lockwood Growth Policy indicates a need for more housing choices and more affordable housing in the Lockwood area.

11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The property is not in proximity to the Billings city limits.

Staff recommends approval and adoption of the findings of the 11 review criteria for Zone Change 712.