This is a zone change request from Agriculture Open-Space (A-1) to Planned Development (PD) with an underlying zoning of Community Commercial (CC) with special provisions for medical services, complementary uses and residential development. The location is on the southwest corner of the intersection of Broadwater Avenue and Shiloh Road, and is an unplatted 80-acre parcel of land. The property is currently owned by Billings Clinic and is leased for agricultural production. The property is outside the city limits, but a concurrent annexation petition has been submitted. The agent for the application is Pat Davies, P.E. of Sanderson Stewart. A pre-application neighborhood meeting was held at Faith Chapel on July 22, 2014, and a Preliminary Review meeting with surrounding owners, the applicant and city staff on December 16, 2014. The Zoning Commission conducted a public hearing on January 6, 2015, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 5-0 vote.

City Council may:

• Approve the zone change as recommended by the Zoning Commission and adopt the findings of the 10 criteria;
• 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.

The annexation and zone change will increase the city's tax base. When development occurs, additional city services will be required and additional tax revenue will be realized.

The applicant is requesting to rezone an 80-acre parcel of land from A-1 to Planned Development with an underlying zoning of CC (PD-CC). The property has frontage on Shiloh Road to the east, Broadwater Avenue to the north, Howard Avenue to the south and 44^th St West to the west. It is currently used for agricultural production. An annexation request is also in process at this time. There is a draft subdivision plat showing 4 lots along the frontage of Shiloh Road and 1 large lot for the remaining property. The subdivision has not been submitted. The applicant does not intend to submit the subdivision immediately. The proposed zone change would allow Billings Clinic to develop healthcare services including individual clinics. Also allowed within the proposed PD are service-related businesses, medical facilities, and residential uses. The PD also has a list of uses proposed to be prohibited including gambling, alcohol sales except as part of a restaurant or retail business and other businesses normally allowed in the CC zone that would be adverse to the majority of proposed medical uses. There are proposed height limits of 45 feet within 150 feet of Broadwater Avenue, 44^th St West and Howard Avenue and within 500 feet of Shiloh Road. In the interior portion of the lot a height limit of 10 stories is proposed rather than a numerical height limit in feet. The PD also proposes to adopt the Shiloh Road Corridor Overlay district standards for building design and landscaping standards.
 
The Planning Division held a Preliminary Review meeting with the surrounding owners, the developers, and city staff on December 16, 2014. Several surrounding neighbors were interested in the possibility of annexing at least a portion of their lots into the city when Billings Clinic develops Howard Avenue. These lots in Wells Garden Estates are 1-acre minimum lots and have frontage on Wells Place. There was also discussion about the phasing or timing of the improvements. Billings Clinic staff stated there is no short term time line for installation of any improvements. Street construction and extension of public utilities would not be done until a preliminary subdivision is proposed and approved by the city. There was discussion on the height limits and the landscaping treatment along Howard Avenue.
 
The proposed zoning is commercial with an emphasis on medical services and related healthcare businesses. Residential uses and mixed uses such as retail, office space and residential apartments are also possible. The neighborhood to the south, outside the city limits, is a mature rural neighborhood. The proposed PD has made provisions to mitigate any potential conflicts between these uses including height limitations and applying the Shiloh Corridor Overlay district standards throughout the property. There are existing agricultural uses in the area and the property to the north has been master planned for a mixture of residential and commercial uses when it is annexed to the city. The 2008 Growth Policy encourages compatible developments and annexations of property adjacent to the city limits. This property is adjacent to the city limits to the east. City services are available and can be extended to serve this property when Billings Clinic is ready to develop. The property will have street frontage on all property lines. Any impacts to the adjacent streets will be mitigated through the subdivision process.  

The Zoning Commission conducted a public hearing on January 6, 2015, and received the Planning staff recommendation, testimony from the applicant and agent as well as one nearby property owner, Kathy Thiel, who owns 15 acres west of the subject property.

Mr. Pat Davies, P.E. of Sanderson Stewart and agent for the applicant stated the Shiloh Drain on the east side of the property has an easement in place and the city maintains the drain. He stated the streets, on the perimeter and access from Shiloh Road, will be developed as required by the city when the property is subdivided. He stated Billings Clinic is not prepared to subdivide the property immediately, but will be working on the design once the annexation and zoning are complete. 

Mitch Goplen, Vice President of Facility Services for Billings Clinic, testified in favor of the application. He stated Billings Clinic does not have any firm plans for what will be built on the site at this time but will be working on that plan in the near future. He stated the staff of the clinic will work closely with their consultants on that plan. He stated the zoning provides the clinic with flexibility to meet changing demographics and medical service needs at all their locations. In response to a question from the Commission, Mr. Goplen stated this will be the first new Billings Clinic site outside of downtown where the clinic owns the property. He stated the property was purchased in 2004, and the clinic has been monitoring development in the area and noticed the increased activity in recent years. He stated the planning for the zoning has been on-going for the last 2 years. He stated he expects the planning for development and subdivision of the property will take the same or longer amount of time.

Mary Dhyre, attorney for the Billings Clinic, stated she was the main author and steward of the Planned Development zoning document. She stated the plan has been studied and refined over the past 2 years to hep frame the future of the new campus. She stated new medical campuses are adopting a "township" model to provide a variety of uses and activities including residential, shopping, recreation as well as a suite of medical services. She stated the plan has been adjusted to accommodate this flexibility while ensuring compatibility with adjacent property.

Kathy Thiel, an owner of 15 acres west of the subject property, stated she supports the proposed zone change. She stated her main concern was the Snow Ditch that runs between the 2 properties where 44th St West might be built one day. Staff clarified the future alignment of 44th Street West is proposed west of Mrs. Thiel's property and would not impact the ditch or the shared property line with Billings Clinic.

The Zoning Commission is recommending approval and adoption of the findings of the 10 criteria for Zone Change 929 on 5-0 vote.

 Prior to making a decision on the requested zone change the City Council shall consider the findings of the following 10 criteria:
 
1.   Is the new zoning designed in accordance with the Growth Policy?
      The proposed zone change is consistent with the following goals of the Growth Policy:

• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6) 

The proposed zoning would allow Billings Clinic to develop new medical services in West Billings similar to other institutional uses on the east side of Shiloh Road. While there are existing agricultural uses to the north and west, it is likely these properties will also annex and develop in a similar urban pattern in the future. An existing rural neighborhood to the south may be affected by the development. The proposed PD has adopted the Shiloh Corridor Overlay district standards and a height limit adjacent to all property lines to mitigate potential impacts. The zoning district is compatible with the neighborhood character and land use patterns.  
 
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. Development of the agricultural land in the city after annexation, zoning and subdivision approval will promote the public health and safety of the adjacent residential neighborhood by providing public water and sewer and other public amenities to the area.
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:               The proposed zoning and subsequent subdivision will have an impact on the surrounding transportation systems. Mitigation of these impacts will be required as part of the subdivision approval.

Water and Sewer: The City will provide water and sewer to the property. There should be no additional impact to the system from the proposed zoning.    

Schools and Parks: There may be a limited impact to schools from the proposed zone change. Residential development is an allowed use in the PD zone. It is unknown the type or mixture of housing choices that would be developed at this time.     

Fire and Police: The subject property will be served by city public safety services. The Police Department had no concerns with the zone change and the Fire Department will be involved in the subdivision approval process. Access for emergency services will be assured through this process. Fire Station #7 is approximately 2.5 miles north and west of the Billings Clinic property. 
 
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 Shiloh Road frontage has a multi-use path already developed. The proposed PD will have internal private streets and requires safe and convenient pedestrian access between uses. Traffic generated will be determined at the time of subdivision and development.  
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow medical services, related uses as well as residential development in a growing area of West Billings.
 
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 a mix of uses, services and housing types in the neighborhood.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently vacant and used for agricultural production. The value of existing buildings should increase when the property is developed.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit medical services and related facilities in this area of area and is an appropriate use.