Zoning Commission recommends approval of Zone Change 977 for an amendment to the zoning district boundaries within the Planned Development agreement for Western Sky Subdivision, based on the findings of the 10 review criteria detailed in the Summary section of this memo.

This is a zone change request to amend the zone district boundary lines within the Planned Development Agreement (PDA) for Western Sky Subdivision, more specifically to increase the acres of underlying Community Commercial (CC) zoning from 8.5 acres to 11.5 acres; increase the acres of Neighborhood Commercial (NC) from 10.2 to 10.3 acres; decrease the acres of Residential Multi-family (RMF) from 15.3 acres to 15.2 acres and decrease the acres of Residential Manufactured Home (RMH) from 31.1 acres to 28.2 acres. The map amendment applies to all lots within Western Sky Subdivision. A pre-application neighborhood meeting was held on a virtual format on April 27, 2020, by the agent Sanderson Stewart, Billings MT.

OWNER: Mont Vista, LLC - Preston Lees
AGENT: Sanderson Stewart - Bill Morgan, P.E.
LEGAL DESCRIPTION: All lots in the Western Sky Subdivision
ADDRESS: King Avenue West and 48th St West
CURRENT ZONING: Planned Development 
EXISTING LAND USE: Vacant
PROPOSED USE: Mixed
SIZE OF PARCEL: 65.2 acres

Planned Development zoning is a customized zone district developed and applied to specific properties. The PD zone is a recorded document that includes a master plan of the zone districts and the specific requirements for each district. In addition, the developer often includes enforceable and specialized regulations for landscaping, trails and parks, screening and buffering of uses to mitigate potential conflicts. Several PD zone districts exist in the immediate area including Lenhardt Square (2008) north of King Avenue West, St Vincent's Health Care at King Ave West and Shiloh Road (2004 and updated 2015), Olympic Park on the northeast corner of King Avenue West and Shiloh Road (1981) and Golden Meadows at King Avenue West and 32nd St West (1978). Currently, the City of Billings administers 41 Planned Development zone districts.

Minor adjustments to approved Planned Developments can be administratively approved for issues such as slight increases in density or reductions in open space. Major changes to the zone district boundaries requires a new zone change application. This underlying zoning boundary adjustment, as with all zone changes, including Planned Development zone changes, must have findings of the ten review criteria that support the proposed change including whether the zoning is conforming to the adopted growth policy, allows for adequate and efficient provision of city services, and is generally compatible with the surrounding land uses and districts.

Planning staff conducted a Preliminary Review meeting as required for any Planned Development zone change on Thursday, May 21, 2020. The surrounding property owners and city staff are invited to the meeting to discuss the specifics of the proposed zoning and if concerns or conflicts are identified how the developer may adjust the zoning to eliminate or mitigate the issues. No surrounding property owners attended the review meeting and Planning staff did not receive communication from any property owner prior to the meeting. City Engineering provided comment prior to the meeting to request the developer review its current traffic analysis to realign it with the Subdivision Improvement Agreement (SIA) for the 2nd amended subdivision and to make sure both are consistent with the proposed zoning. The West End Task Force concurred with this request and supported the installation and maintenance of the pedestrian trail on the north side of Hogan's Slough and along the east side of S 48th St West. These requirements are not part of the zoning document but are contained within the SIA with the City of Billings and the developer. No other comments from city staff were received. City staff has considered adopted plans and policies during its review of this application. Information related to this can be found in the Summary portion of this report.

The City Zoning Commission held a public hearing on June 2, 2020, and received staff's recommendation, as well as testimony from the applicant's agent.

Karen Husman, Planner I, gave a brief presentation and explained the intent of the zone change was to realign the zone boundaries with the proposed access points and with the proposed lot line relocation.  Bill Morgan, Sanderson Steward, agent, explained the reason for the request and concurred with the staff presentation and recommendation.  There were no residents in attendance to speak in favor or in opposition to the zone change request.  The public hearing was closed.

The Zoning Commission discussed the previous hearing conducted for the creation of the PDA in 2007. Commissioner Larson said there had been concern with the proposed RMH zoning area, there had been comments from both City and County residents as the property is located near the county boundary.  He said the concern was the affect manufactured homes and the potential commercial development may have on the large lot single family developments in the area.   A motion was made by Commissioner King to forward a recommendation of approval for Zone Change 977, and adopt Staff's recommended findings of the 10 review criteria, it was seconded by Commissioner Brooks, and approved by a 5-0 voice vote.  

Approval of this application will have no direct financial impact on the Planning Division budget.

The Zoning Commission recommends approval based on the following findings of the ten review criteria. Prior to any recommendation to the City Council, the Zoning Commission shall consider these 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  PD map amendment 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 adjustments to the underlying zoning map are compatible with goals of the West Billings Neighborhood Plan. The proposed amendment will accommodate uses that are compatible in a mixed-use environment. The accommodate uses that are compatible in a mixed-use environment. The proposed development will also have good access to outdoor activities and is in close proximity to commercial centers and transportation options.  

The proposed amendment is also in line with the adopted 2016 Growth Policy goals for:
Prosperity:
1) A diversity of available jobs can ensure a strong Billings’ economy
2) Successful businesses that provide local jobs benefit the community
3) Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
4) Retaining and supporting existing businesses helps sustain a healthy economy
5) Continued workforce training benefits the community and helps attract and
retain businesses 

The proposed zoning would accommodate a growing business and retail market, these types of businesses are sustainable and will help create and stabilize the economic base for Billings. Along with the proposed inter-connected system of trails and paths in Western Sky, the diverse housing choices and other commercial service options, Western Sky will help create a solid neighborhood in this area of West Billings. 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 street scape will ensure the livability of this neighborhood .   
 
2.   Is the new zoning designed to secure from fire and other dangers?
The zoning requires minimum setbacks, open and landscaped areas and building separations. The zoning realignment would not change provisions for 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 change. The proposed amendment will allow  safe and appropriate traffic flow, including ingress and egress to and from the public right of way.
 
4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement? 
Transportation: The city has reviewed a traffic study for the entire subdivision and proposed uses. The developer will be implementing the required mitigation and traffic improvements stipulated by Engineering. City Engineering has requested the developer ensure the proposed change be aligned with the traffic analysis and SIA.
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 changes.  
Schools and Parks: Schools and parks will not be effected by the proposed amendment.
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 traffic study prepared by the applicant for the city will be amended to reflect the changes and the developer will implement the recommendations of the study. 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 48th 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 13th Street West. 48th 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 48th St West where it has been annexed to the city.  The traffic analysis includes contributions to improvements as well as improvement required as development phases are initiated.

7.   Will the new zoning will promote compatible urban growth?
The proposed amendment will slightly expand the area for commercial uses at the intersection of 48th St West and King Avenue West. The zone district boundary will align with the  proposed street access from 48th St West. The area zoned RMH will be reduced to accommodate the increase commercial zone. The proposed zone district boundaries are consistent with the urban growth in this area and will  be compatible with the surrounding neighborhood. 
 
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 48th St. West is an area undergoing rapid urban development and growth. Demand for local neighborhood and commercial services is increasing. Increasing the area for these services is suitable for this location.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently undeveloped. Approval of the zone change will continue to provide certainty to surrounding land owners and may help to maintain property values of adjacent buildings.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed amendment may encourage the most appropriate use of this land in Billings.