This is a zone change request from Residential 5,000 (R-50) and Public (P) to Residential Multi-family-Restricted (RMF-R) and Public (P) on portions of Lots 1A and 2A, Block 1, Western Sky Subdivision, west of the intersection of 44th Street West and south of King Avenue West. The property is owned by King Meadows, LLC and Pemberton LLC, and the agent is Marshall Phil, P.E., of Blueline Engineering.  The owner conducted a pre-application neighborhood meeting on March 25, 2013. The pre-application meeting notes are included as Attachment C. The Zoning Commission conducted a public hearing on June 4, 2013, and is forwarding a recommendation of approval on a 3 to 0 vote.

State law at Section 76-2-304, MCA, requires that all zone changes be reviewed in accordance with 10 criteria. Using the 10 criteria to determine the appropriateness of the zone change request, the City Council may:
1. Approve the zone change request
2. Deny the zone change request
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

The city service fees for arterial construction and storm water will be adjusted based on the new zoning. These fees are higher than the current fees for R-50 zoning. New development will add to the property value which will increase the city's tax base in this area.

The applicant is requesting to rezone approximately 12 acres in portions of Lots 1A and 2A of Western Sky Subdivision. The property was annexed and zoned in 2007 but the subdivision has remained undeveloped for the past 5 years. The preliminary subdivision that matches the approved zoning (King Meadows) has not been submitted for final approval. The original partnership has dissolved and each owner now controls separate lots in the original subdivision.
A zone change for the northern half of the lots from R-50 to RMF-R was approved in August 2012 to facilitate the construction of multi-family apartments similar to those recently constructed in Lenhardt Square, north of King Avenue West and in Montana Sapphire, which is east of this location. The original zoning for the property was to confine the multi-family dwellings to the King Avenue West frontage. The proposed zone change will extend the multi-family zoning further to the south to increase the area for multi-family dwellings in addition to consolidating the Public zoning to a centrally located 5-acre parcel. The existing R-50 zoning allows single family and two-family dwellings. South 44th Street West will provide the primary access to the site until the next phase or phases of the subdivision are developed. South 44th Street West is a designated collector street on the Billings Urban Area Transportation Plan Functional Classification Map. The portion of the street north of King Avenue West is the first access drive into Lenhardt Square Subdivision. Shiloh Road and King Avenue West are principal arterial streets that have the capacity to handle additional traffic from development within this subdivision. Shiloh Road carries approximately 8,890 vehicle trips per day at this location and King Avenue West carries 8,000 vehicles per day west of Shiloh Road.

The RMF-R zone allows a maximum building height of 40 feet and a front and rear property line minimum setback of 15 feet. The maximum density of dwelling units in the RMF-R zone is 26 units per acre. This is not the typical development density in this area with multi-family zoning. Site development for driveways, access roads, landscaping, building setbacks and off-street parking results in a density of about 14 to 16 units per acre, or about 192 dwelling units on the area proposed to be changed from R-50 to RMF-R. The existing density in the R-50 zone is 10 dwelling units per acre. However, the existing apartments under construction on Lot 1A are developing at 21 units per acres, closer to the maximum density in the RMF-R zone. At this development density, the additional 12 acres will result in 252 dwelling units.

The applicant conducted a pre-application neighborhood meeting on March 25, 2013. Three surrounding property owners attended and asked questions about potential access to the utility lines the developer would extend for the new development. A synopsis of the meeting and list of attendees is in Attachment C. No surrounding property owners contacted the Planning Division staff prior to the Zoning Commission public hearing.

The West Billings Neighborhood Plan adopted by the City in 2001 states the purpose of the plan is to guide the long-term growth of West Billings by achieving planned growth. A preferred land use map was developed locating neighborhood, community and regional commercial nodes at major arterial intersections. One of the intersections is Shiloh Road and King Avenue West, located east of the subject property and a regional commercial center has been designated from King Avenue West south to I-90. The completion of the Shiloh Road improvements in 2010 has helped spur development along the corridor from the interstate to King Avenue West. The West Billings Neighborhood Plan indicates higher density housing and professional office space is the preferred land use between arterial street intersections. The existing RMF-R zone that borders King Avenue West conforms to the West Billings Neighborhood Plan and the extension of this zoning is also in conformance with the plan. The proposed RMF-R zone is compatible with the all the surrounding zoning.

The Zoning Commission conducted a public hearing on June 4, 2013, and received the staff recommendation and testimony from the applicant's agent, Marshall Phil of Blueline Engineering. No other testimony was received. The Zoning Commission is recommending approval of the zone change and adoption of the findings of the 10 criteria for Zone Change 912 on a 3 to 0 vote.

The Planning Division reviewed the application and recommended approval based on the ten (10) criteria for zone changes. The Zoning Commission concurred with this recommendation. The subject property is adjacent to multi-family zoning to the north and the Lenhardt Square Planned Development includes multi-family zoning and mixed uses along the King Avenue West street frontage. Zoning to the west is R-50 but is undeveloped. The R-50 zone allows a similar development density (10 units per acre) but allows those units only as single or two-family structures. There is a planned street that separates the two zoning districts. The ELI zone and A-1 zone to the east are compatible with the proposed RMF-R zone. The ELI zone will require buffering and screening when developed. The existing substation in the A-1 zone was approved by special review of the County and requires landscaping and screening. The City is preparing to develop the West Billings Shiloh Conservation Area as a storm water and flood control project south of the substation. The uses allowed within RMF-R zoning are compatible with the surrounding zoning and neighborhood character. Any development of the property requires compliance with the new zoning and the ability to meet site development requirements and traffic safety standards. The 2008 Growth Policy and the West Billings Neighborhood Plan encourage predictable land use decisions that are consistent with neighborhood character and land use patterns. The existing use and proposed zoning are consistent with this neighborhood and land use pattern.

Prior to any making a decision on the proposed zone change, the City Council shall consider the following 10 criteria:

1. Is the new zoning designed in accordance with the Growth Policy? The proposed zone change is consistent with the following goals of the Growth Policy: • Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6) The proposed zoning would permit more land to be used for multi-family dwellings and this is consistent with the neighborhood character and the planned subdivision. The proposed zoning is compatible with the existing uses in Montana Sapphire Subdivision, Lenhardt Square and St. Vincent Healthcare Subdivision to the north.

• More housing and business choices with each neighborhood. (Land Use Element Goal, page 6) The existing zoning is restrictive of the types of housing available in the subdivision. The proposed zoning will allow more housing in the area including multifamily dwellings.

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. The City Fire Department will ensure safe access to the site and provision for minimum fire flow to the new buildings.

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. Lower density subdivisions increase response times by police and emergency service providers. The proposed zoning will increase the availability and variety of housing options for Billings’ residents and promote the general welfare.

4. Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement? Transportation: The proposed zoning may have some impact on the surrounding streets, and a traffic impact study may be required depending on the development that is built on the property in the future. New development that generates 500+ new vehicle trips per day will require a Traffic Accessibility Study (TAS).

Water and Sewer: The City will be able to provide water and sewer to the property by extension of those utilities from King Avenue West. A new Zone 3 Water Reservoir will be built in the future to provide additional storage capacity.

Schools and Parks: There may be impact to schools from the proposed zone change since any residential development in the future could affect the schools in the area. The property is in the Elder Grove Elementary and Middle School District and in the West High District (SD #2).

Fire and Police: The subject property is currently served by the city Public Safety Services.

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? Traffic generation from a multi-family development of less than 20 units per acre is approximately 8 trips per day per dwelling unit. The multifamily apartments under construction to the north will add about 1,584 vehicle trips per day to King Avenue West. This is about a 20% increase from the most recent traffic count numbers. The current traffic counts are based on a 3-year rolling average. A TAS will be needed to adequately address the motorized vehicle impact to King Avenue West and S 44th Street West. The TAS may require the developer to invest in traffic control improvements or participate with other land owners in improvements. The 2011 Bikeway and Trail Master Plan included a multi-use trail on the north side of King Avenue West. The new residents of this subdivision would need to cross King Avenue West to access this connector trail to the Shiloh Road Multi-Use Trail. Improvements to S 44th Street West will ensure access for pedestrians.

7. Will the new zoning promote compatible urban growth? The new zoning does promote compatibility with urban growth. Lower density development is inefficient and ineffective in recovering the costs to extend city services. Higher densities of development, such as the proposed zoning, will allow the city to grow in a better urban pattern and form.

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 multifamily uses. There are several existing and new multi-family developments in the area. The Growth Policy and the West Billings Neighborhood Plan both encourage higher density housing along arterials between major intersections to avoid the “strip commercial” development typical of older arterial streets in Billings. The increased traffic generation of a multi-family development will not impact existing neighborhoods and will have direct access to a collector street and an arterial street.

9. Will the new zoning conserve the value of buildings? Surrounding property exhibits higher taxable land value. The property is currently vacant and should increase in value when developed. There are no buildings on the subject property.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings? The proposed zoning will permit denser development and allow more housing choices in the area. The surrounding development is compatible and this is the most appropriate use of the land.