The Zoning Commission recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1064. The City Council approved the zone change on first reading on April 28, 2025. A second reading of the ordinance is required. 

This is a zone change from Suburban Neighborhood Residential (N3) to Mid-Century Neighborhood Residential (N2) for six lots in the Buffalo Crossing Subdivision. The total area subject to the proposed zoning is 1.498 acres of land. Two of the lots have split zoning (N2 and N3) and the proposed zone change will remedy this situation. The intent of the zone change is to allow for two-family dwellings on the property. 

Two master plans for multi-family developments are currently in progress near the subject property. A Master Site Plan for Parcel 4B of Certificate of Survey 2735, located northeast of the subject parcels, has been approved for 18 units on an NX2-zoned parcel, consisting of three fourplex dwellings and one sixplex dwelling. Another Master Site Plan is under review for 56 units on Block 1, Lot 1, and Block 3, Lot 1 of Buffalo Crossing Subdivision, further north and east along Grand Avenue on NX2-zoned parcels. This plan includes one sevenplex, two sixplexes, three fourplexes, and a five fiveplex.

There are few housing choices in this area of West Billings. Most (70% +) are single-family homes on urban lots (7,000 sf +). There are several areas that also offer duplex dwellings. Foxtail Village to the north has 18 duplexes, Grand Peaks to the east has about 22 duplexes, and Signal Peak at 62nd St W and Rimrock Rd has about 77 duplex townhomes. These comprise less than 20% of the total housing choice in the area. The rarest housing choice is the attached multi-family unit (3+ units per structure), either for rent or ownership. This is less than 5% of the total housing choice west of Shiloh Road from Central Avenue to the north. A resilient urban fabric has more housing choices than are currently available in West Billings. 

The Zoning Commission recommends approval based on the compatibility with the adjacent zoning and the zoning will provide predictable development in Buffalo Crossing. The proposed zoning is in conformance with the 2016 Growth Policy guidelines. 

APPLICATION DATA
OWNER: Doug Wild
AGENT: Greg Reid, WWC Eng.
LEGAL DESCRIPTION: Lots 4-6, Block 3 and Lots 7-9, Block 1, Buffalo Crossing Subd. 
ADDRESS: 1115, 1116, 1121, 1122, 1126, 1127 Buffalo Crossing Drive
CURRENT ZONING:  N3 (Suburban Neighborhood Residential)
PROPOSED ZONING: N2 (Mid-Century Neighborhood Residential)
EXISTING LAND USE: Vacant parcels
PROPOSED LAND USE: Single-family or Duplex dwelling units
SIZE OF PARCEL(S):  Lots from 9,247 sf to 12,583 sf for a total of 12,583 sf.

SURROUNDING LAND USE & ZONING
NORTH:
Zoning: N2 - Mid-Century Neighborhood 
Land Use: Duplex dwellings 
SOUTH:
Zoning: N3 Suburban Neighborhoods
Land Use: Single Family Residential
EAST:
Zoning: NX2
Land Use: Mixed Residential
WEST:
Zoning: RR3 - Rural Residential 3 (County)
Land Use: Agricultural

The applicant conducted a pre-application neighborhood meeting on February 8, 2025, at the subject property, with one neighboring property owner in attendance. The primary concerns raised focused on density, parking, and whether the future residents would be owners or renters. The attendee also inquired about the reasoning behind the proposed zone change. The applicant explained that the existing N2 lots had been sold to a buyer interested in purchasing the additional six lots, contingent on their allowance for duplex dwellings. Additionally, the applicant received two emails expressing concerns that the zoning change could set a precedent for increased duplex housing, particularly non-owner-occupied units.

Planning staff fulfilled all notification requirements, including mailing notices, posting the property, updating the Current Zoning Application web page with a synopsis, and publishing legal information for the Zoning Commission hearing. No public comments were received by Planning staff before this report.

Buffalo Crossing Subdivision was established in 2022 through a Planned Neighborhood Development (PND) zone change process, which also included the annexation of a 33.64-acre parcel located south of Grand Avenue and 60th St West. It is bordered by Trails West Subdivision to the east and Foxtail Village Subdivision to the north, across Grand Avenue.

The approved Mixed Residential PND designated approximately 5 acres as N2, 19 acres as N3, 3.6 acres as NX2, and about 5 acres as open space (P1). PND regulations require either a Mixed Residential or Commercial/mixed-use zoning designation for any arterial street frontage. Zone Change 1011 was approved as part of the PND process, incorporating mixed residential zoning (NX2), N2, and N3 districts, along with the minimum required Public 1 (P1) zoning, which must account for at least 2% of the net area. The PND, subdivision, and annexation were all approved concurrently.

City Zoning Commission - April 1, 2025
Zoning Commission held a public hearing on April 1, 2025, and received the staff recommendation and testimony from the applicant, Doug Wild. Mr. Wild concurred with staff's recommendation.  No other testimony was received.  Commissioner Goss asked if the Senate Bill 323 would affect the parcels if the zone change was not approved.  Planning Staff clarified that Senate Bill 323 was in place at the state level to allow duplex dwellings on all residential lots, but the applicant would like to conform to local zoning regulations as well. The Commission had no other questions. The Chair closed the public hearing and asked for a motion on the application. Commission member McCall made a motion to recommend approval to the City Council and adoption of the findings of the 10 review criteria. The motion was seconded by Commission Member Gordan and was approved on a 4-0 vote. 

City Council Public Hearing - April 28, 2025
City Council conducted a public hearing and received the Zoning Commission recommendation and testimony from Greg Reid from WWC Engineering, agent, on April 28, 2025.

Council members asked for clarity regarding the state law that allows for duplexes in all single-family zoning and the applicant's intent with their application. Staff clarified that the applicant's intent is to be in compliance with local zoning regulations, should state law change. Council members asked about request for zoning and how the lines of the property do not align with the lines of the zoning. Staff deferred the inclusion of additional properties to the applicant. Council members were provided clarification that it is not allowable to condition zoning. Agent, Greg Reid clarified that there is a buy/sell agreement associated with the properties included within the requested zone change. Council opened the application for public hearing. One public comment was received from Doug Wild with Buffalo Crossing. Mr. Wild stated that the intent of the zone change was to follow zoning. The public hearing was then closed. 

Council member Boyett made a motion to approve Zone Change 1064 and adopt the findings of the 10 review criteria as recommended by Zoning Commission. The motion was seconded by Council member Shaw. The zone change was passed unanimously. 
 

The City Council may take one of the following actions:

• Approve and adopt the findings of the ten review criteria for Zone Change 1064 as recommended by the Zoning Commission; or,
• Deny and adopt different findings of the ten review criteria for Zone Change 1064; 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 have 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. 

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

Prior to making a decision the City Council shall consider the following proposed findings as recommended by the City Zoning Commission:

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:
Strong Neighborhoods; 

• Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels.
• Neighborhoods that are safe and attractive and provide essential services are much desired.
• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill, and social interaction.

Home Base;

• A mix of housing types that meet the needs of a diverse population is important.
• The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development.
• Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy, and safe.

The proposed zoning would enable the sale and development of existing vacant parcels as single-family or two-family dwellings, aligning with the development pattern of the parcels to the north. The current concept plan allows for up to six additional dwelling units, with one additional unit per parcel.  The proposed zoning also conforms to the West Billings Neighborhood Plan. 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:

• Establish Development Patterns that Use Land More Efficiently and encourage innovative land-use planning techniques to be used in building higher density and mixed-use developments as well as infill developments.

 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 site will be developed in conformance with Section 27-300 (BMCC) for residential zones as well as landscaping (27-1200). New buildings would be required to meet City Building Codes and Engineering standards as well.

 3) Whether the new zoning will promote public health, public safety and general welfare?
Similar to criteria 2, public health and public safety will be promoted by both the existing zoning and the proposed zoning. The proposed N2 zoning would allow the vacant property to be developed with compatible uses to the already approved Buffalo Crossing neighborhood. The site and structure regulations found in Section 27-300 for the N2 zone districts promote the minimum standards to ensure public health and safety and promote general welfare. 

4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning should not have any measurable impact on transportation. The impact on traffic will depend on the number of residents and drivers on the site when development occurs. The owner will need to coordinate any changes to the existing traffic analysis done for Buffalo Crossing with the City Engineering Department.
Water and Sewer: The City will provide water and sewer to the property. 
Schools and Parks: The proposed zoning itself should not affect schools and parks, this will depend on the new residents when a development plan moves forward. Schools and parks should not be negatively affected by the proposed zoning. The School district provided no comments on this zone change.  Parks should not be negatively impacted by the proposed zoning.  Approval of this zone change should not impact the parkland requirements already in place for the Buffalo Crossing Subdivision.
Fire and Police: The subject property will be 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?
Similar to criteria 2 and 3, the proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. Any development of the property would follow the requirements of Section 27-300 (BMCC) and other city regulations for development.

6) Will the new zoning affect motorized and non-motorized transportation?
The proposed zoning itself will not have a negative effect on motorized and non-motorized transportation. The motorized transportation will be entering the development from Grand Avenue and 60th Street West at Buffalo Crossing Drive. As part of the original subdivision development requirements, Buffalo Crossing Drive, along the subject property, has completed the installation of new curb/gutter based on the City of Billings standards and will have sidewalk installed upon completion of residences. City Engineering is updating its site development code to require sidewalks for all private streets and the zoning code requires street trees for all public or private roads. 

7) Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth proposed for this area. The property to the west is outside the city limits and is agricultural land. The surrounding residential subdivisions are compatible with this proposed zoning. The zoning does promote compatible urban growth.

8) Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning will allow the development of two-unit dwellings in an area where this housing choice is limited. The N2 zone is compatible with the surrounding development with the existing development to the north and east. The proposed zoning does consider the character of the district and the suitability of the property for future uses.

9) Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. Any development of the property will need to meet the site development requirements in the zoning code. For the N2 zone, this includes, but is not limited to, building heights, setbacks, and window and door facade coverage. In general, new buildings improve property values in the area. There are several areas close by that also offer a two-unit dwelling. Foxtail Village to the north has 18 duplexes, Grand Peaks to the east has about 22 duplexes, and Signal Peak at 62nd St W and Rimrock Rd has about 77 duplex town homes.  

10) Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the development of duplexes, townhomes or condominiums (up to 2 units per building). This is an appropriate location for the zoning to density that is compatible with adjacent uses.This also contributes to the neighborhood stability of the area.  There are several areas that also offer a two-unit dwelling. Foxtail Village to the north has 18 duplexes, Grand Peaks to the east has about 22 duplexes, and Signal Peak at 62nd St W and Rimrock Rd has about 77 duplex town homes. The proposed zoning and use will encourage the most appropriate use of the parcels.