This is a zone change request for a 29.97 acre parcel of land south of King Ave West and west of S 44th St West currently zoned Residential 7,000 (R-70), Residential Multi-family-Restricted (RMF-R) and Public. The proposed zoning is RMF-R, Residential Manufactured Home (RMH) and Public. The parcel is currently owned by CK Land LLC (Cal Kunkel) and the prospective buyer is Propriedad LLC (Rob Morehead). Mr. Morehead's development model is different than what the current zoning allows. The proposed development will include "cottage court" style single family and 2-family dwellings as well as a small manufactured home park towards the south end of the property. The development will include the construction of off-street multi-use trails to connect to the Shiloh Conservation Area to the east and to potential new developments to the west. The applicant conducted a pre-application neighborhood meeting on Monday, October 29, 2018 at the offices of Sanderson Stewart (1300 N Transtech Way), agent for the buyer. The Zoning Commission conducted a public hearing on December 4, 2018, and is forwarding a recommendation of approval based on the proposed findings of the 10 review criteria. 

Zone Change applications are reviewed using statutory criteria (MCA 76-2-304 & BMCC 27-1502) referenced in the
Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another types of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district (MCA 76-2-302 & BMCC 27-301).

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission;
• Deny the zone change and adopt different findings of the 10 criteria;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

Prior to making a decision on the proposed zone change, the City Council shall consider the findings of the 10 review criteria.

The Planning staff recommended approval to the Zoning Commission based on its findings of the 10 review criteria. The Zoning Commission concurred with this recommendation and proposed findings.
 
1.   Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy and the West Billings Neighborhood Plan (2001):
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 zone change is consistent with the following adopted Policies of Planned Growth Goal 1: Establish Development Patterns that Use Land More Efficiently

• Policy A “Promote efficient utilization of land within the West Billings planning area by promoting well designed, more pedestrian friendly, urban development patterns with a mix of uses and an efficient, creative use of land.”
• Policy K “Increase residential densities within the West Billings planning area by approving requests for residential zoning that are consistent with this plan.”
• Policy M: “Development in the West Billings planning area shall provide for a variety of residential types and densities.”
• Policy N: “Medium and high-density residential development (including elderly and disabled housing) should be located nearby and within walking distance to commercial centers, medical facilities parks, and recreational amenities.”

The proposed zoning of RMF-R and RMH is conforming and compatible with goals of the West Billings Neighborhood Plan. This lot is located south of the developments that front on King Ave West, a principal arterial street. The parcels north of the subject property are developed with a single housing choice. The proposed zoning will allow this developer to offer a different mix of housing choice and development density. The proposed development will have good access to outdoor activities and is in close proximity to commercial centers and transportation options. 

Essential Investments, Strong Neighborhoods and Home Base:
1) Neighborhoods that are safe and attractive and provide essential services are much desired.
2) Planning and construction of safe and affordable interconnected sidewalks and trails are important to the economy and livability of Billings.
3) Developed parks that provide recreation, special amenities (community gardens, dog parks, viewing areas), and active living opportunities are desirable for an attractive and healthy community.
4) Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels are desired.
5) Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction.
6) A mix of housing types that meet the needs of a diverse population is important.
7) Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe.
8) Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings.

The proposed zoning would help expand an existing neighborhood with more housing choices for smaller households within an area that is safe and attractive. The developer intends to build an inter-connected system of trails and paths so the residents have access throughout the area without having to drive. The concept development plan includes cottage court residential areas, a clubhouse and outdoor area, trail connections to the Shiloh Conservation Area and will be compatible with the intended development to the west. The proposed landscaping and streetscape will ensure the livability of this neighborhood .   
 
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.
 
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. The current zoning of the parcel occurred over a number of years after the original subdivision, King Meadows, was abandoned. The new zoning will allow a greater variety of housing choices and will not increase the overall density of this lot. In fact, there is a 1-acre reduction in area zoned RMF-R. If the site is developed as proposed, a total of 291 new dwelling units would be added to the neighborhood. The 13 acre lot to the north – Hoop Dreams Apartments – there are 304 dwelling units. The parcel with frontage on King Ave West is 9.6 acres and is developed for 198 apartment dwelling units.   
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will have a measurable effect on the transportation system. The applicant and agent have prepared a traffic study that has been reviewed by the City Traffic Engineer as part of the subdivision application. The traffic study will make recommendations on the location of street access, any contributions needed for off-site impacts to other street intersections and any capacity increase needed due to new traffic from the development.
Water and Sewer: The City will provide water and sewer to the property. There will be no additional impacts to the system from the proposed zoning.  
Schools and Parks: Schools may be affected by the proposed zoning, although it is not known the number of children that may become residents of the new development.
Fire and Police: The subject property is 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?
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 will have an effect on vehicle and pedestrian traffic. The traffic study prepared by the applicant for the City Traffic Engineer’s approval will determine the level of traffic impact and any mitigation required. Non-motorized travel – walking and biking – is an essential part of the circulation plan both within the proposed development and connecting to adjacent areas including Hogan’s Slough, Hoop Dreams development to the north and the Shiloh Conservation Area Trail system to the east. The Subdivision Improvement Agreement (SIA) for this new subdivision has conditions for trail and sidewalk improvements as well as pedestrian safety measures.
 
Traffic counts in the area on King Ave West and 48^th St West are well below the expected volume on a principal arterial street. King Avenue West has an average daily traffic volume of 8,010 vehicles per day at this location, less than Poly Drive at 13^th Street West. 48^th Street West is less than most local streets with about 860 vehicles per day. As development increases in the area, these 2 arterial streets will need to build in additional controls, management facilities and safety features. MDT retains jurisdiction over the management of King Avenue West and the City will manage 48^th St West where it has been annexed to the city. 44^th Street West is already entirely included within the city limits.
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatible urban growth in this area. The Hoop Dreams development to the north has a higher density than the proposed density of this development. The proposed development plan is to offer a variety of housing choices, with services available to the residents and the public. North and east is the St. Vincent’s Healthcare PD that will provide commercial and retail services at the intersection of King Ave West and Shiloh Road along with an 80+/- acre medical campus to the north and west. The proposed uses and development is compatible with this urban growth pattern.
 
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 the proposed use. This area between Shiloh Road and 48^th St West is an area undergoing rapid growth that is in need of more housing choices. The proposed zoning will provide these housing options and it is compatibility with adjacent property. The property is suitable for the proposed use given its location in the area.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently undeveloped. Approval of the zone change will provide more certainty to surrounding land owners and may help to stabilize property values of adjacent buildings.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning may encourage the most appropriate use of this land in Billings. This specific location and use is appropriate.

If the zone change is approved, new development may occur. New development will raise the taxable value of the property. Any city fees based on zoning will be adjusted for the new zoning. New development will increase demand for city services at this location. It is not known whether the increased taxes will cover the increased demand for services at this location. City fees based on zoning are currently assessed at the "vacant" rate. City zoning-based fees for 2018 on this parcel are $1,260 for arterial construction and $1,110 for storm water management. Street maintenance fees are not based on zoning. 2018 Street Maintenance fees for this parcel are $1,545. The property has been paying city fees and city levy taxes since 2008.

This is an application to change the existing zoning on Lot 2A-1 in the Western Sky Subdivision from the current zoning scheme based on an expired subdivision plan (King Meadows). The owners are proposing a mixture of housing choices including cottage court residences and a manufactured home park. The proposal includes outdoor amenities such as trail connections to the Shiloh Conservation Area, an active recreation area for residents and a club house where residents could host neighborhood gatherings. The proposed zoning will re-align the RMF-R zoning to include the north half of Lot 2A-1 and eliminate most of the the Public zoning. The trail corridor along Hogan's Slough will remain in a Public zone. The new development will pay cash in lieu of park land dedication, but will develop the trail along the waterway that will connect to the trail system in the City's Shiloh Conservation Area to the east. The south half of the existing lot is proposed to be  zoned Residential Manufactured Home (RMH), to allow a new area for either manufactured homes or single family dwellings similar to the cottage court proposal to the north.

The applicant held a pre-application neighborhood meeting as required by the zoning regulations. The agent, and prospective buyer, Rob Morehead, and 1 surrounding property owner attended the meeting to review the specifics of the proposed zone change and development. According to the submitted pre-application meeting notes, there were questions about the type of manufactured home park and how the community park and clubhouse would be developed and managed. Based on the answers to these questions, the one property owner had no objections to the proposed development or zoning.

The Planning Division reviewed the application and recommended approval to the Zoning Commission based on the proposed findings of the ten (10) criteria as required by MCA 76-2-304 & BMCC 27-1502 for zone changes. The subject property is located in an area of growth in the West End of Billings. This area west of Shiloh Road includes a large number of multi-family dwelling units (1,000+) with some area devoted to retail businesses and services. The development of dwellings for ownership in this area will fill a housing choice not currently available except at the top of the market in West Billings. The proposed zoning supports the 2016 Growth Policy goal of locating compatible uses in proximity to similar uses, providing for interconnected sidewalks and trails, abundant landscaping along streets and corridors, provision of amenities and facilities in the parks and open space areas, and a mixture of housing types and choices.

The proposal also has the ability to provide everyday services to the future residents by insuring connections between this development and adjacent areas to the north, east and west. Any effects of the proposed development on traffic, non-motorized travel, public safety, irrigation ditches, and agricultural uses will be mitigated through the subdivision and development process. There are compatible uses adjacent to this parcel including Hoop Dreams Apartments to the north and a proposed similar manufactured home park to the west. The overall proposed residential dwelling density is about 10 dwelling units per gross acre of land using the proposed configuration for 1 and 2 family dwellings in the RMF-R zone and 1 family dwellings in the RMH zone. In contrast, the Hoop Dreams and Western One apartments to the north are developed at a density of 21 units per acre in mostly 8 to 12 unit apartment buildings.

The Zoning Commission held a public hearing on December 4, 2018, and received the Staff recommendation, as well as testimony from the  agent, Bryan Alexander, P.E. (Sanderson Stewart) and prospective buyer, Rob Morehead (Propriedad). Testimony from Gene Culver, owner of property on the east side of S 44th Street West, was also received. Mr. Culver testified he was not necessarily against the proposed zoning but was concerned the City has not completed the street improvements on the east half of S 44th Street West. He stated, and this observation was confirmed by Commission member James Mariska, the east side of the road has no curbing and people living in the Hoop Dreams apartments use this area for dumping junk vehicles and bulky and unwanted items from their apartments. Mr. Culver stated he gave the City the east 1/2 of the right of way for S 44th Street West to include the construction of a multi-use trail on his side of the right of way. He stated this was accomplished but then Mr. Kunkel put down crushed gravel and no curbing between the path and the edge of the pavement. He stated cars or vehicles stored in the gravel sink into the ground. He stated the gravel was not intended to provide parking, but residents use this area for parking everyday.

Mr. Alexander, agent, stated the property is in the minor subdivision review process. He stated the applicant is willing to discuss proposed road improvements with the City and Mr. Culver. He stated the City typically does not require a property owner to improve both sides of an adjacent street unless the owner owns property on both sides. He stated Mr. Kunkel was required to provide improvements to the west side of 44th St West, and Mr. Morehead will be required to provide similar improvements. Staff pointed out this is the City's standard policy for new subdivisions and developments. Staff also pointed out the City owns property (Shiloh Conservation Area) covering over 1/2 of the length of the east side of S 44th St West.

The Zoning Commission member Michael Larson made a motion to recommend approval and adoption of the findings of the 10 review criteria. The motion was seconded by Dennis Ulvestad. The motion was approved on a 5 to 0 vote.

The Consistency with Adopted Policies or Plans is discussed in the Alternatives Analyzed section above.