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Item 1.I.
 
City Council Regular
Date: 10/28/2024
Title: ZC 1054 - Montana National Guard Project - Hwy 3 - Second Reading Ordinance
Presented by: Hunter Kelly, Planner 1
Department: Planning & Community Services
Presentation: No
Legal Review: Not Applicable
Project Number: PZX-24-00188

RECOMMENDATION

The Zoning Commission recommended approval and adoption of the findings of the 10 review criteria for Zone Change 1054. The City Council approved the zone change on first reading on October 14, 2024. A second reading is required to approve the zone change.

BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)

This is a zone change request for property legally described as Tracts 4 and 5 of COS 1889 and 6A and 6B of Certificate of Survey 1889 Amended, approximately 78.15 acres of land, from Agriculture (A), a county zone district, to Public 3 - Civic Campus (P3- Civic), a city zone district.  The proposed zoning would facilitate the Department of Montana Military Affairs in the development of an Army National Guard facility. In order for these parcels to be developed, they will be annexed into the City of Billings. This will give access to municipal water and sewer, among other utilities. When properties are annexed into the City of Billings (City), they must also go through a concurrent process to have the property re-zoned to a City Zoning District.  In this case, the applicant is seeking a zone change to Public 3 Campus (P3). The P3 district is intended for public and civic uses involving multiple structures that are developed in a campus-like environment. P3 zoning is available for medical campuses, educational campuses, and civic campuses with three (3) or more principal buildings. The Army National Guard facility, more specifically known as the Billings Readiness and Innovation Campus (BRIC) is considered a civic campus in accordance with zoning and buildings will likely be constructed over the course of several years. But once the project is completed, it will achieve the campus feel as intended by the district.

The following is background information on the proposed facility and operations provided by the Army National Guard: 
"We intend to build a Montana Army National Guard Readiness Center on the site as a whole -- the parcels we are proposing to annex now and the 2 parcels adjacent to Hwy 3 that are zoned heavy commercial. The neighborhood meeting notes in the application narrative state that the current leadership’s intent is for a Readiness Center and a Vehicle Maintenance Shop. LTC John Gerhing is heading the planning process, with the assistance of engineering firms. A typical readiness center would have 1-3 full time staff conducting office work and minor vehicle maintenance M-F. One weekend a month around 50-150 part time staff would arrive for training on a scheduled drill weekend. Depending on the month this could include classroom instruction, group physical fitness and more significant vehicle maintenance. For a consecutive 15 days (usually in the summer) it would be most intensively used by the entire staff for an annual training period. This could include convoy practice, a community open house and more of the activities that happen on the drill weekends.

We have a total of 138 acres that make up the Billings Readiness and Innovation Campus (BRIC). 40 acres have already been changed from Agricultural to P3 and annexed into the City of Billings. The 78 acres we are currently requesting zone change for will complement our development of that initial 40 acres. It is our intent to have all 138 acres developed in a campus-like environment. We are not currently funded for any projects on the property in question, but it is our intent to incorporate a vehicle maintenance facility, a short-term lodging facility, a dining facility, and dedicated outdoor physical fitness area.  Additionally, this property will serve as a buffer to our aviation support facility under construction. The northernmost track is essentially undevelopable due to airport height restrictions and will purely be a buffer. Our intent would be for a low-density use of the four tracts in question. Parcel 6A has significant FAA restrictions based on proximity to the Logan Intl Airport. Then portions of Parcels 5 and 6B will have FAA restrictions resulting from our helipad."


APPLICATION DATA
OWNER: Montana Department of Military Affairs
LEGAL DESCRIPTION: Tracts 4 and 5 of COS 1889 and Tracts 6A and 6B of COS 1889 Amended located in Section 26, Township 1 north, Range 26 east, Principal Meridian Montana, Yellowstone County, Montana
ADDRESS: N/A
CURRENT ZONING: Agriculture (County)
PROPOSED ZONING: Public 3 (City)
EXISTING LAND USE: Agriculture/Vacant
PROPOSED LAND USE: Civic Facility - Montana National Guard Readiness Center
SIZE OF PARCEL(S): approximately 78.15 acres

SURROUNDING LAND USE & ZONING:
NORTH: County Agriculture - Residential/Vacant
SOUTH:County Rural Residential 3 - Residential
EAST: Public 2 and Public 3 - Aviation
WEST: County Agriculture - Residential

The Zoning Commission recommends approval and adoption of the findings for the 10 review criteria for Zone Change 1054 as detailed in the summary section of this report. The proposed P3 zone is compatible with nearby existing aviation facilities and would not be overly intrusive to nearby low-density residential developments considering existing aviation activity. The City Council approved this zone change on first reading at its regular meeting on October 14. Two readings are required to complete the zone change.

STAKEHOLDERS

Planning staff notified the surrounding owners, published a legal ad, and posted the property as required by the zoning regulations. Planning staff did not received any correspondence on the proposed zone change from surrounding owners prior to the Zoning Commission meeting. A pre-application neighborhood was conducted by the applicant on July 17, 2024 at 2121 Hangar Drive, and 16 persons signed the attendance sheet. The pre-application meeting notes and sign in sheet are attached.

Zoning Commission Public Hearing, September 3, 2024
Staff gave a presentation to the Zoning Commission and gave staff's recommendation of approval. Chairman Brooks asked if his fellow commissioners had any questions; the Zoning Commission had no further questions. The Chairman invited the applicant to give any comments. Applicants Mimi Wolok and Joel Miller spoke about the greater scope of the project and provided additional clarification on the proposal and why it was done in stages. The applicant stated the soonest construction could possibly start is 2034.

Chairman Brooks then opened the public hearing. There were no public comments. Chairman Brooks then closed the hearing. There were no additional comments from any of the commissioners. Commissioner McCall made a Motion, Seconded by Commissioner Goss to recommend approval for Zone Change 1054 to the City Council. Motion was passed with a unanimous vote.

City Council Meting, October 14, 2024
Staff gave a presentation to the City Council and forwarded the Zoning Commission's recommendation of approval. Mayor Cole opened the floor for questions. Council Member Neese raised concern over an incorrectly attached waiver of right to protest document relating to the annexation agreement.  Staff made a note of the error for future reference.  The correct waiver of right to protest will be used in conjunction with the annexation agreement. The Council had no more questions for staff. The applicants, the Montana Department for Military Affairs, were then invited to speak. Col. Traynham spoke to the City Council regarding the scope of the project for the future readiness center, and confirmed with the Council that development will likely commence several years to a decade from now due to budgetary constraints. The Council had no more questions for the applicant.

Mayor Cole then opened up the public hearing. There were no public comments. Mayor Cole then closed the hearing. There were no additional comments from any member of City Council. Councilmember Gulick, seconded by Councilmember Shaw, to approve Zone Change 1054. The motion was passed with a unanimous vote.
 

ALTERNATIVES

The City Council may:
  • Approve and adopt the findings of the ten review criteria for Zone Change 1055 as recommended by the Zoning Commission; or,
  • Deny and adopt different findings of the ten review criteria for Zone Change 1055; 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 has 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. The City Council approved the zone change on first reading.

FISCAL EFFECTS

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

SUMMARY

Before making a decision, the City Council shall consider the recommended findings from the Zoning Commission on Zone Change 1054

1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
Essential Investments (relating public and private expenditures to public values)
  • Infill development and development near existing City infrastructure may be the most cost-effective
  • Neighborhoods that are safe and attractive and provide essential services are much desired
  • Mobility and Access (transportation choices in places where goods and services are accessible to all)
Prosperity (promoting equal opportunity and economic advancement)
  • Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
The proposed zoning would allow for the development of a military facility that would serve the region and promote safety. There is only one other facility in the state that serves this role, and a facility like this in Billings will provide faster response times to this part of the state. Additionally, this activity is being located in proximity to an area of the city that already has established aviation operations. The proposed zone aligns with allowed development on adjacent parcels. The P3 district allows civic campuses. 

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. Additionally, the annexation of the property provides for municipal water service for the site. Any new construction on the site will follow applicable building codes. 

3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety are promoted by the proposed zoning. This is not unique to the P3 zone, but instead is promoted by all adopted zoning districts within the City of Billings. The site and structure regulations found in 27-500.1 in the P3 district promote the minimum standards to ensure public health and safety and promote general welfare. New construction on the site will follow building code requirements to ensure and promote public health, public safety and general welfare.  Public health and public safety will be promoted by the proposed zone change. 

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 no appreciable effect on the adjacent transportation network, however once the property is developed there will be some impact to nearby roadways. The property will be served by AJ Way, a public road that is accessed by Highway 3. Montana Highway 3 is a National Highway System (NHS) non-interstate route that extends from Billings to Great Falls. In the project vicinity, Highway 3 generally runs east to west providing access to several public streets and numerous residential driveways. Currently, the facility has a single travel lane in each direction with left-turn lanes at Rod & Gun Club Road (eastbound), Zimmerman Place (westbound), Apache Trail (westbound). Highway 3 also has right-turn lanes at its intersections with Rod & Gun Club Road (westbound) and a roundabout at Zimmerman Trail. In prior actions, the Army National Guard annexed Tracts 2 and 3 of COS 1889, as part of the annexation agreement any development on the property requires a traffic impact study. The City of Billings Master Site Plan requires that all developments generating over 500 Average Daily Trips (ADT) shall submit a traffic impact study. 

The Billings Area Long Range Transportation Plan classifies Highway 3 as a Principal Arterial. Principal arterial roadways are built to carry higher volumes of traffic generally between 30,000-55,000 (ADT). Today, traffic volumes in the corridor are approximately 11,500 Average Daily Traffic (ADT). Projections indicate that traffic will increase to approximately 17,000 ADT by the year 2040.

Generally, the Level of Service (LOS) through the corridor operates at A or B which is well above the average LOS for the Billings community. 

The Army National Guard (ANG) will have an estimated 14 full-time employees. Additionally, the ANG will host monthly trainings 1 weekend per month. Staff has identified no concerns with access from AJ Way and Highway 3 that would create a negative finding given the above-mentioned information specific to the function of Highway 3.

Water and Sewer: The City provides water and sewer to the property. The utilities will be provided in accordance with the associated annexation agreement that is mutually agreed upon between the City of Billings and the Property Owner/Developer. This agreement is a strict condition of approval for annexations. Water will be extended to the property via AJ Way. Per the annexation agreement, the Developer shall pay any water system and wastewater system development fee prior to the issuance of any building permits. 

Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed development does not include residential uses, therefore, additional students due to this zone change would not be anticipated. It should be acknowledged that with new jobs in the community, the school district may realize some increase in student population, however, the zone change does not have a direct correlation to this.

Fire and Police: The subject property is served by city public safety services. The property is currently served by the Billings Fire Department and upon annexation will continue to be served. The nearest fire station is Fire Station 1 which is located approximately 4.0 miles away. The Police and Fire Departments expressed no concerns with the zone change.
 
5. Will the new zoning provide adequate light and air?
Similar to criteria 2 and 3, the proposed P3 zone, like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant, therefore any new structure(s) will be required to meet the standards required by Section 27-500.1 and Building Code Requirements. 

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 increased volume to the transportation network, both motorized and non-motorized. At this time, the readiness center will house up to 3 full-time employees and will host trainings once per month with an estimated 50-150 personnel. AJ Way provides direct access to the property and upon annexation of these parcels, the access will be in the same location. Highway 3 provides access to AJ Way. Highway 3 is a principal arterial road and a United States (US) highway. Principal arterial roads are built to carry higher volumes of traffic generally between 30,000-55,000 ADT. Today, traffic volumes in the corridor are approximately 11,500 ADT. Projections indicate that traffic will increase to approximately 17,000 ADT by the year 2040, well under the designed capacity.

Over time, some improvements may need to be made along Highway 3. In prior action, the Army National Guard annexed Tracts 2 and 3 of COS 1889, as part of the annexation agreement any development on the property requires a traffic impact study. All identified improvements shall be the responsibility of the developer. Should any improvements be required at the intersection of A J Way and Highway 3, the Developer shall contribute its proportionate share. The City of Billings Master Site Plan requires that all developments generating over 500 Average Daily Trips (ADT) shall submit a traffic impact study. These may include traffic management facilities like turn lanes. The addition of improvements such as these will need to be coordinated with the Montana Department of Transportation. Also in the vicinity is the Skyline Trail, which is located south of Highway 3. The Skyline Trail is a multi-use trail that extends from the intersection of Highway 3 and Zimmerman Trail through Airport Road along the south side of Highway 3. Users of the trail system will observe more air traffic, but the development of the parcel would not obstruct access to the trail. 

7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing uses in the vicinity. This property is near the Billings Flying Service, the Billings Airport and other undeveloped P2 zoned land owned by the City of Billings. The Billings Flying service is a commercial heliport. The use of this property for the Army National Guard close to a heliport and municipal airport does not create compatibility concerns. The proposed Army National Guard readiness center will also be adjacent to agricultural lands, some that have single family residences. These residences will remain in Yellowstone County. Based on existing activity from the Billings Airport and Billings Flying Service, there are no additional findings to suggest the P3 zone for the use of the National Guard would not be suitable next to agricultural zoned land.

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. The proposed zoning will allow a civic campus to be used by the Army National Guard. The proposed zoning is compatible with the adjacent zoning and existing development and uses in the vicinity. The property is suitable for the proposed use and will fit in with the already existing and established aviation uses in the vicinity (Billings Airport and Billings Flying Service). Further, this use is compatible with the character of the surrounding districts of Public 2 (P2), Public 3 (P3), Heavy Commercial (CX), and Agriculture (A).

9. Will the new zoning conserve the value of buildings?
The property is currently vacant, therefore the new zoning will not have an impact on the value of buildings for the parcel. Any new structures will need to be in compliance with zoning and building codes, therefore, there are no concerns related to the conservation of value of buildings on the parcels subject to the zone change.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
In order for the property to be annexed into the City, it requires the property be rezoned to a zone recognized by the City. The Department of Military Affairs owns the property and intends to develop it for the Army National Guard. The landowner has chosen the P3 zone as the most appropriate zone and intends to develop the property in accordance with the requirements of the zoning. A use like this near already established civic facilites, aviation operations, and businesses does encourage the most appropriate use throughout the City of Billings.

Attachments