The Zoning Commission recommends approval for Zone Change 1030 and adoption of the findings of the 10 review criteria on a 4-0 vote.

This is a zone change request for three parcels of land located on King Ave. W. between the St. Vincent's Healthcare Subdivision and the Lenhardt Square Subdivision. These parcels are wholly surrounded by the city limits and are petitioning for annexation to access city services. The two homes on the property are experiencing failure of both on site water(well) and wastewater systems (septic). The proposed zoning of Mixed Residential 2 (NX2) would allow the future re-development of the parcels and will allow continuation of the existing residential uses. This is an area of rapid development and the mixed residential zoning is appropriate given the adjacent zoning and development.

There are no existing plans to redevelop the property. The NX2 zoning would allow future redevelopment with duplexes or multifamily structures with up to 8 dwelling units per building. The parcels currently share one access point on King Ave West. No additional access would be allowed on to King Ave West due to the volume and speed of traffic as well as complexity of the traffic environment. The redevelopment could be incorporated into existing development to the west (KWO Apartments) or be a stand-alone development. A traffic signal is planned at the intersection of 44th St West and King Ave West. This will help manage the existing and future traffic from the surrounding developments. The average daily traffic on King Ave West has more than doubled in the past decade. The current ADT on King is about 13,000 vehicles per day. Shiloh Road is about 19,000 vehicle trips per day. Both of these averages are 3-year rolling averages taken from counts only during the non-school months of the summer. Actual daily traffic on any given day and during the school year may be much higher or lower than the average daily traffic. Future contributions to the traffic volume will include some traffic from Vista West (north of Rocky Vista Way), Ridgeline Development (48th St W and King Ave W) as well as ongoing development in the Western Sky Subdivision and Montana Sapphire Subdivisions to the south of the subject property. Lenhardt Square is also building out with multifamily apartments. A large parcel in Lenhardt Square with frontage on King Ave West (~23 acres) is slated for mixed uses including additional apartment units.

The Billings 2016 Growth Policy and West Billings Neighborhood Plan both support the proposed zoning as appropriate along an arterial street frontage between major intersections, and for the provision of access to housing choices. The Shiloh Road and King Ave West intersection was identified more than two decades ago as the major regional commercial hub for West Billings. The surrounding developments are the result of planning for this growth and include zoning for mixed housing choices, transportation for all types of mobility and combining the need for open space and water quality improvements at the Shiloh Conservation Area. A new water reservoir system to the south will also provide long-term water security for the city while also preserving land for open space. Any redevelopment of land will trigger the installation of street frontage landscaping making the corridor between Shiloh Road and 44th St West complete on the north side of King Ave W. 

The Planning staff reviewed the application, the neighborhood and city growth policy plans, and the history of zoning in the area, and recommended approval to the Zoning Commission. The Zoning Commission concurred. The proposed zoning fits in with the adjacent development to the west and is compatible with the St Vincent's Healthcare Planned Development to the east and north. The St Vincent's zoning plan includes mixed uses with an emphasis on medical uses with the possibility of integrating housing options. The pre-application neighborhood meeting was attended by Gene Culver, on of the surrounding property owners. Mr. Culver stated his parcel on the southwest corner of 44th St W and King Ave West is not directly adjacent, but ongoing development in the area has created some traffic concerns and traffic management challenges. Mr. Steve Zeier, Chair of the West End Task Force, attended as well to learn more about the project. One of the property owners, Mickey Amen-Mack, also attended the meeting. As of the writing of this staff report, no comments or concerns have been received from the surrounding property owners.

The applicant conducted a pre-application neighborhood meeting at the agent's offices at 1300 N Transtech Way. One surrounding property owner attended out of the 14 owners notified. The Zoning Commission held a public hearing for this zone change and the public was provided the opportunity to participate. The City Council will hold a subsequent hearing when considering the Zoning Commission's recommendation. The Hearing(s) are advertised in the Yellowstone County News. No surrounding owners contacted the Planning staff prior to the writing of this report.

Zoning Commission
The Zoning Commission conducted a public hearing on July 11 and received the staff recommendation and testimony from the applicant's agent, John Halverson of Sanderson Stewart. No other public testimony was received. Mr. Gene Culver attended the hearing and stated he was not concerned with this zone change request but was concerned with the lack of traffic control at 44th St West and King Avenue West.

The public hearing was closed and Commission member Trina White made a motion to recommend approval and adoption of the findings of the ten review criteria for Zone Change 1030. The motion was seconded by Commission member Dan Brooks and was approved on a 4 to 0 vote.

The City Council may:

• Approve and adopt the findings of the ten review criteria for Zone Change 1030; or,
• Deny and adopt different findings of the ten review criteria for Zone Change 1030; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

The applicant has not requested a delay or a withdrawal of the application at this time.
 

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

Prior to any decision, the City Council shall consider the proposed findings of the ten review criteria as recommended by the Zoning Commission.

1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change does conform to the following guidelines of the 2016 Growth Policy:
Strong Neighborhoods:

• Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
• Neighborhoods that are safe and attractive and provide essential services are much desired

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

The proposed zoning also conforms to the West Billings Neighborhood Plan. 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 NX2 for the property 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 zoning would allow the annexation of these parcels to provide services. Future development or re-development of the land could provide a range of housing options including duplexes, townhomes or apartment. The proposed zone is consistent with the City's Growth Policy and increases density without adding a large demand on city services. The Growth Policy supports infill development and this parcel could be redeveloped in line with the surrounding property. There is no longer a "default" zone district when annexing property to the city. A property owner is allowed to propose a zone or consult with the Planning staff on the most appropriate zone district for an annexed parcel. The new zone is compatible with the adjacent developed and developing parcels.

2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum build-to zones, open and landscaped areas, and building separations (found in section 27-308 of the zoning code) 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?
The proposed zoning (NX2) would allow the owner to ensure development is not intrusive to neighboring property and still allow compatible uses with the Planned Development zoning to the east and west. The site and structure regulations found in 27-300.7 in the NX2 district promote the minimum standards to ensure public health and safety and promote general welfare. The existing private utilities for the parcels are failing. Annexation and zoning of the property will promote public health and public safety.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning itself will have little impact on the surrounding transportation systems. Impact on traffic will depend on the number of residents and drivers on the site when redevelopment occurs. The NX2 zone is intended to be along arterial corridors between intersections. King Ave West is an arterial street designed to handle the potential additional traffic. Assessment of any traffic impacts will occur at the time of re-development.
Water and Sewer: The property will have city water and sewer services upon annexation. Water service is already stubbed to the property line. Sewer services are in King Ave West and a lateral could be installed to replace the on-site septic systems.
Schools and Parks: The proposed zoning itself should not affect schools and parks, this will depend on the new residents when a redevelopment plan moves forward. No plans for redevelopment are in the works. Schools and parks should not be negatively affected by the proposed zoning. The School district provided no comments on this zone change.
Fire and Police: The subject property will be 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?
Similar to criteria 2 and 3, the proposed NX2 zone, like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently developed with two single family homes and some agricultural buildings. Any new structure or structures will be required to meet the standards required by Section 27-300.7 under the NX2 zone. 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 itself will not impact motorized and non-motorized transportation. Once redeveloped, there may be increased volume to the transportation network, both motorized and non-motorized. Off-street parking for any new dwellings will be provided as per code Section 27-1300. The multi-use path along King Ave West already exists along the property frontage. Internal sidewalks may be required at the time of redevelopment.

7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. The proposed zoning will allow infill development in the future and will allow the existing residents to have access to clean drinking water and safe wastewater disposal.

8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning will allow the existing uses to continue while creating opportunity for future redevelopment. The NX2 zone is compatible with the surrounding planned development zones and is considered suitable for the particular uses. The proposed zoning does consider the character of the district and the suitability of the property for the existing and possible future uses.

9. Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. Any development of the property will need to meet the site development requirements in the zoning code. For the NX2 zone, this includes, but is not limited to, building heights, setbacks, and window and door facade coverage. In general, new building improves property value in the area.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow existing uses and any proposed uses for redevelopment including duplexes, townhomes or multifamily dwellings. This is an appropriate location for the zoning to allow additional density that is compatible with adjacent uses. The parcel directly adjacent to the east is undeveloped but allows mixed uses including multifamily. The property to the west is already developed as a multifamily complex.