Zone Change #931: This is a zone change from Residential 7,000 (R-70) to residential 6,000 (R-60) on Parcel A of amended Tracts A-G of C/S 87 and an unplatted portion of Section 5, T1S, R26 E, for the proposed Midway Townhomes development. The property is located on Yellowstone Avenue between 10th St West and 11th St West. The parcel is about 3 acres in area. The applicant conducted a pre-application neighborhood meeting on December 17, 2014, at the Shrine Lodge Room, 1125 Broadwater Avenue.

The Planning Division is recommending approval of the zone change and adoption of the findings of the 10 criteria.

OWNER: Riley and Yvonne Kelly
AGENT: None
LEGAL DESCRIPTION: Parcel A of Amended C/S 87 and un unplatted portion of Section 5, T1S, R26E
ADDRESS: 1000 Block of Yellowstone Avenue
CURRENT ZONING: R-70
EXISTING LAND USE: Vacant
PROPOSED USE: Midway Townhomes (duplexes)
SIZE OF PARCEL: 3.024 acres

A Master Site Plan Review for the proposed project is pending.

Subject Property - None

Surrounding Property - There have been 9 similar zone change requests in this area of Billings since 1976. Six of these requests have been denied primarily for reasons of incompatibility with existing neighborhoods. Prior to 1997, multi-family dwellings up to 8 attached dwelling units were allowed in the R-60 zoning districts. After 1997, multi-family dwellings (3 or more attached units), required City Council approval by special review. Five of the 6 requests were denied prior to 1997.  

NORTH:	Zoning: R-70 Land Use: Single family and 2-family dwellings
SOUTH:	Zoning: R-60 Land Use: Single family and 2 family dwellings
EAST:	Zoning: RMF-R Land Use: Stoneridge Apartments
WEST:	Zoning: R-70 and CC Land Use: London Patio Homes and the Shrine Auditorium

The applicant is proposing to rezone about 3 acres of land from R-70 to R-60 for the purpose of developing a townhome project as an infill of vacant land in an existing Billings neighborhood near 10th St West and Yellowstone Avenue. The applicant is proposing to construct 2-family townhomes (duplexes) that will share common private facilities. The existing zoning allows duplexes but the applicant is interested in a slightly higher density than allowed in the current zone. The applicant has prepared and submitted a Master Site Plan Application for review for the townhome layout and for the private shared facilities. It was discovered during this process that the zoning would need to be changed to accommodate the proposed density and layout for lot coverage and front setbacks. The applicant is not proposing multi-family dwellings on the property.

The surrounding zoning is a mixture of low to medium density residential uses and commercial zoning to the northeast and south (Broadwater Avenue). There is an apartment complex to the east and two-family dwellings to the west. To the south is R-60 zoning with single and 2-family dwellings. One block south and east are 3, 4-plex dwellings under construction after City Council approval in 2013. This property is 2 blocks north of Broadwater Avenue, a well-developed commercial district and on a MET Transit route. The property has been used as an informal access through the Shrine property and up to Lewis Avenue. The aerial photos clearly show this informal use of the property. The proposed development may not allow through access on Yellowstone Avenue so traffic using this property now will have to use streets and sidewalks on developed streets. The City Engineering Division will determine whether Yellowstone Avenue can be closed off from through traffic or whether it should connect.

The applicants conducted a pre-application meeting and 9 surrounding property owners attended and 1 called the applicants prior to the meeting with questions. No surrounding property owners contacted the Planning staff. Several property owners asked questions regarding solid waste service, where the streets would connect and not connect, building height and style, as well as storm water treatment and retention.

The Planning staff has reviewed the application and is recommending approval based on the findings of the 10 criteria for this zone change. The property is adjacent to R-60 zoning to the south and the proposed development is compatible with the existing neighborhood pattern in this area. The zoning is consistent with the City's 2008 Growth Policy and Infill Policy. The surrounding neighborhood started developing in the mid-1950s and slowly filled in through the mid-1970s. This property has been vacant and was never proposed for subdivision or development by the previous owner. This is an opportunity to provide additional housing choices in this neighborhood where rental homes, apartments, townhomes and single family residences already exist. The proposed dwelling density is slightly over 9 units per acre so it will require less demand for city services than a less dense development pattern.