The Zoning Commission recommends approval of Zone Change 1063 and adoption of the findings of the 10 review criteria.

This is a zone change request for Lot 1-A in the Western Subdivision, currently zoned Mixed Residential 3 (NX3) and undeveloped. The parcel is 9.4 acres in area. The proposed zoning of Mixed Residential 1 (NX1) for the King Ave West frontage and a portion of the 46th St West frontage allows 1 to 4-unit dwellings (2.2 acres) and the N2 zoning proposed for the remainder of the property (7.2 acres) allows 1 or 2-unit dwellings.  The property has frontage on King Ave West, but the property will be accessed from 46th St West and from an internal private street, Gators Way. Western Subdivision was originally part of Western Sky Subdivision in 2006. The subdivision was never finalized and the east, west and a small south portion of the original 160-acre parcel was divided between three owners. Western Sky Subdivision was created on the west at the intersection of 48th St W and King Ave W, and Western Subdivision was created on the subject property and the surrounding parcels between 44th St W and 46th St West. Western Sky Subdivision also includes the parcel south of Hogan's Slough west of the Shiloh Conservation area. This southern parcel is zoned Mid-Century Neighborhood (N2). The other lots in Western Sky Subdivision are zoned Planned Development (PD) with underlying zoning of Community Commercial (CC), Neighborhood Commercial (NC), Residential Multi-family (RMF), and Residential Manufactured Home (RMH).

The subject parcel was originally zoned RMF under the previous zoning code. The update in 2021 placed this parcel and surrounding parcels in the Western Subdivision in the NX3 zone. There are some lots zoned Public 1 for parks. The prior zoning could allow single-family, two-family or multifamily dwellings by lot area. The current zoning of NX3 only allows multifamily dwellings in structures with at least 5 dwellings per building.

There are plans to develop a number of 2-unit dwellings on the property with an internal street system similar to the adjoining multifamily developments. The NX1 zoning can allow up to 4-unit buildings. Any new construction would need to meet the requirements of the zone district, which includes provision for King Ave W front facades. The property adjoins 46th St W and the developer will need to build out the remaining east section (20 feet) of this local access road. No additional access would be allowed on to King Ave West due to the volume and speed of traffic as well as the complexity of the traffic environment. 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 traffic from Vista West (north of Rocky Vista Way), Ridgeline Development (48th St W and King Ave W) as well as ongoing development in Lenhardt Square, Western Sky Subdivision, and Montana Sapphire. Each of these developments has direct or indirect access to King Ave West as the closest principal arterial street. Vista West, a zoning approved in 2023, is proposed to have about 582 dwelling units on 27 acres of land. If this parcel remains in the NX3 zone district, a similar density of about 21 dwelling units an acre could be built. The concept for this 9.4-acre lot is to build about 80 dwelling units - or about 8.5 dwelling units per acre. The proposed "down zoning" from NX3 to NX1 and N2, will reduce the original expected traffic volume on this lot.

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 a 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 development of land will trigger the installation of street frontage landscaping. This portion of the south side of King Ave West has incomplete street infrastructure. The Western Subdivision, filed in 2013, signed a waiver of right to protest the infrastructure improvements at a future date. This waiver of right to protest will expire in 2033. King Ave West improvements have happened sporadically between Shiloh Rd and 48th St West over the past 12 years. This corridor section was identified for long term improvements, including the signal at 44th St W and King Ave W as well as completion of a full three-lane street section.

APPLICATION DATA
OWNER: CK Land, LLC, Cal Kunkel
AGENT: Performance Engineering, Taylor Kasperick, P.E.
LEGAL DESCRIPTION: Western Sub, Block 1, Lot 1-A
ADDRESS: none assigned - 4500 Block of King Ave West
CURRENT ZONING: Mixed Residential 3 (NX3)
PROPOSED ZONING: Mixed Residential 1 (NX1) for 2.2 acres and Mid-century Neighborhood (N2) for 7.2 acres
EXISTING LAND USE: Vacant land
PROPOSED LAND USE: Duplex townhome development
SIZE OF PARCEL: 9.4 acres

SURROUNDING LAND USE & ZONING
NORTH: Lenhardt Square Planned Development - Vacant land
SOUTH: NX3 - Hoop Dreams Apartments (aka HHPM Apartments)
EAST: NX3 - Hoop Dreams Apartments (aka HHPM Apartments)
WEST: Western Sky Planned Development - PD-Neighborhood Commercial - vacant land and Western Sky Storage (south) 

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 with the recommendation. The proposed zoning fits in with the adjacent development to the east and is compatible with the Western Sky developments to the west of 46th St W. The Western Sky development includes active commercial development as well as planned multifamily development and a manufactured home park to the south and west. The pre-application neighborhood meeting was attended by Jan Rehberg, representing Lenhardt Square development on the north side of King Ave W. Ms. Rehberg did not state concerns with the proposed zoning other than how traffic would be handled and how the city and the Montana Department of Transportation would control access to King Ave West. 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 Emmanuel Baptist Church at 328 S Shiloh Road. One surrounding property owner attended out of the nine owners notified. City staff mailed notices to the surrounding owners, placed a legal ad, and posted the property with a zone change sign. No surrounding owners contacted the Planning staff prior to the writing of this report.

Zoning Commission hearing March 4, 2025
The Zoning Commission held its public hearing on March 4, 2025, and received the staff recommendation and testimony from the applicant's agent, Taylor Kasperick of Performance Engineering. No other testimony was received. In response to questions from the Commission, the applicant's agent stated there was one surrounding owner at the pre-application neighborhood meeting. Their concern was about where the new access to the property will be located and the development plan. The Commission had no other questions.

The Chair closed the public hearing and asked for a motion on the application. Commission member David Goss made a motion to recommend approval and adoption of the findings of the 10 review criteria. The motion was seconded by Commission member Beau Mulvaney and was approved on a 3-0 vote. Commission members Megorden and McCall were absent from the meeting. 

The City Council may:

• Approve and adopt the findings of the ten review criteria for Zone Change 1063 as recommended by the Zoning Commission; or,
• Deny and adopt different findings of the ten review criteria for Zone Change 1063; or,
• Delay action on the zone change request for up to 30 days at the request of the applicant or on its own motion; or
• Refer the application back to the Zoning Commission for an additional public hearing based on 1) new information submitted that the applicant and public have not had an opportunity to examine; or 2) new information has been presented that was never submitted or considered by the Zoning Commission or staff; or
• Allow the applicant to withdraw the zone change request.

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


 

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

Prior to making a 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 development of the land and can provide a range of housing options including duplexes, townhomes, or condominiums. The proposed zoning is consistent with the City's Growth Policy and decreases density from the current zoning without compromising the sustainability of the area. The Growth Policy supports infill development and this parcel could be developed with two-unit townhomes a housing choice not readily available in this area. 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 27-300 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 (NX1 on 2.2 acres and N2 on 7.2 acres) would allow the owner to develop fewer units on the property that are still compatible with neighboring properties. In addition, the proposed use will be compatible with the Planned Development zoning to the west and the current multifamily development to the east. The site and structure regulations found in 27-300 for the NX1 and N2 zone districts 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 system. The impact on traffic will depend on the number of residents and drivers on the site when development occurs. The NX3, the current zone, could allow up to 190 dwelling units on the property (21/units per acre). The proposed zoning of NX1 and N2 reduces the potential density down to about 8 to 12 dwelling units per acre. The NX1 zone is allowed to be along arterial corridors between intersections. King Ave West is an arterial street designed to handle the potential for additional traffic. Assessment of any traffic impacts will occur at the time the development is proposed for city review. This is a requirement of the city engineering codes and was also required by the subdivision improvement agreement filed in 2013. The developer was not required to install the frontage improvements on King Ave W at the time of subdivision and signed a waiver for protesting any future special improvement district (SID) for these improvements. The waiver will expire in 2033. The city will determine when those frontage improvements are required.
Water and Sewer: The property has city water and sewer services nearby. City engineering will determine where those services will be extended to the property.
Schools and Parks: The proposed zoning itself should not affect schools and parks, this will depend on the new residents when a development plan moves forward. Schools and parks should not be negatively affected by the proposed zoning. The School district provided no comments on this zone change. There is a neighborhood park to the south in the Western Subdivision that is owned by the developer. There have been no improvements to the parkland so far.
Fire and Police: The subject property will be served by city public safety services. The Police and Fire Departments had no concerns about the zone change.

5. Will the new zoning provide adequate light and air?
Similar to criteria 2 and 3, the proposed NX1 and N2 zones, like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant and any new development will need to meet these requirements. 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 developed, there will be an increased volume to the transportation network, both motorized and non-motorized. The proposed zoning designations will generate less traffic than the former zoning designation of NX3. Off-street parking for any new dwellings will be provided as per code Section 27-1300. The King Ave West frontage for Western and Western Sky Subdivisions do not have improvements in place except for two left-turn bays (at 44th Street West and 46th Street West) for westbound traffic to enter the subdivisions. Internal sidewalks may be required at the time of development. Most of the internal roads in Western Subdivision have no sidewalks or street trees. City Engineering is updating its site development code to require sidewalks for all private streets and the zoning code requires street trees for all public or private roads. A future bike path along Hogan's Slough, the south boundary of Western Subdivision is planned. When this southern lot is developed, the owner will be required to reserve space for this new bike trail. 

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 of a vacant lot about 1/4-mile east of the city limits.

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 development of two-unit townhomes in an area where this housing choice is limited. There is an abundance of apartments for rent or lease, but few options for ownership of a dwelling unit. The NX1 and N2 zones are compatible with the surrounding planned development zones to the west and north and with the existing multifamily development to the east and south. The proposed zoning does consider the character of the district and the suitability of the property for 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 NX1 and N2 zones, this includes, but is not limited to, building heights, setbacks, and window and door facade coverage. In general, new buildings improve property values 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 development for new use including duplexes, townhomes or condominiums. This is an appropriate location for the zoning to allow slightly less density that is compatible with adjacent uses. The parcel directly adjacent to the west is undeveloped but allows mixed uses including multifamily. The property to the east and south is already developed as a multifamily complex.