Planning staff recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1009.

This is a zone change request for two lots within the Zimmerman Home Place Subdivision that are requesting annexation to the city. The current zoning was updated from the previous County adopted zoning of Residential 7,000, Residential 5,000, Residential 9,600, Public and Residential Multi-family-Restricted was adopted by the County in August 2016. When the County and City updated the zoning regulations in 2020 and 2021, new zoning districts were placed on these two lots that reflected to the maximum extent the previous zoning districts. The current zoning of these lots is N3 - Suburban Neighborhood (1 family dwellings), NX1 - Mixed Residential (1-4 family dwellings), NX3 - Mixed Residential 3 (5 and up attached dwellings), and P1 - Parks and Open Space. The arrangement of the current zoning districts is shown on the Zoning Map attachment. The proposed zoning intends to eliminate the N3-Suburban Neighborhood zoning from the northern edge of Lot 1 in Block 2 and replace it with N2 - Mid-century Neighborhood (1 and 2 family dwellings). The applicant also proposes to re-arrange the P1 zoning to be more distributed throughout the NX3 zone district and increases the area from 2.67 acres in Lot 1, Block 2 to 4.32 acres. In Lot 1 of Block 1, the applicant proposes to eliminate the 4.79 acres of N3 zoning on the northern part of the parcel and replace it with 1.02 acres of P1 adjacent to Colton Boulevard and 3.77 acres of NX1 zoning. This will match the southern 12.90 acres of existing NX1 zoning in Lot 1 Block 1. SOUTH: Zoning: RR1 (County), NMU and CMU1(City)
Land Use: Vacant land
EAST: Zoning: NO - Neighborhood Office
Land Use: Vacant
WEST: Zoning: N2 and N3
Land Use: 1 and 2 family dwellings

This area of Billings has been developing over the past 10 to 15 years following the connection of Zimmerman Trail through the Yegen Family Grand Avenue Farm and the major reconstruction of Shiloh Road, another major north/south connection. The Zimmerman family chose to zone the property outside the city limits in 2016, and then market the pre-entitled property to developers who would then annex and build within the city limits. In 2017, Town Pump bought all the commercially zoned property on the southeast corner of the subdivision and put in a new gas station, convenience food store, liquor store and casino. The northern lots of the Zimmerman Home Place subdivision are the subject of this proposed re-arrangement of zoning boundaries. Block 3, Lot 1 will remain in its current zone district of Neighborhood Office (NO) and is being annexed along with Blocks 1 and 2.

Village West Subdivision (west of the subject parcels) began building out in 2005. The subdivisions to the north - Poly Vista and Green Valley - are older subdivision that have homes built in the late 1970s through the 1980s, 1990s and 2000s. The unit ownership development just the west of Zimmerman Trail (Icewine Drive) was built in the 2010s after the completion of Zimmerman Trail south of Poly Drive.

Housing demand reached a high level in 2021 and the trend continues into 2022. Supply of all types of housing choices has not kept up with the demand. At least two decades ago, local planning and growth policy documents indicated a need for independent living units for aging residents who want to "downsize" from a maintenance heavy single family dwelling on a large lot to unit ownership or townhomes as well as rental apartments. The 2010 Census indicated Billings, like many other urban areas, saw a reduction in average household size to 2.3 persons. Smaller households, aging residents and the higher costs of all housing has driven the demand for apartments, townhomes, and smaller multi-family dwellings (studios and 1-bedroom units). Developers have made robust investments in multi-family dwelling choices in west Billings but less so in northwest Billings. There have been more new residential developments south of Broadwater Avenue than this area to the north. The most recent multi-family dwelling development in this area is at 41st St West and Avenue C - Wheatbaker Patio Homes (2016). Prior to 2016, only a handful of multi-family dwellings have been built (Grand Peaks and Falcon Ridge) north of Broadwater. There is a significant deficit of this type of housing choice in this area of West Billings.

There are challenges to an area of urban development that is on an infill property with existing development around it. This is not meant to ensure homogenous development patterns between neighborhoods, but the development plan should include similar and compatible zone districts, connectivity where and when needed, and recognition of similar goals for both types of property. The 2016 Billings Growth Policy and the 2001 West Billings Neighborhood Plan goals and policies support the proposed adjustment to the zone district boundaries. 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 proposed zone change supports these goals. The 2016 Billings Growth Policy supports a broad range of housing choices, encourages more walkable neighborhoods with connectivity to other transportation options, and building the community fabric through urban designed public spaces. The proposed zone change supports these goals as well.
 

The applicant conducted a pre-application neighborhood meeting on December 16, 2021. The requirement of annexation stipulates a 1/4-mile notification area for surrounding owners. Over 680 individual property owners were notified of the proposed zone change. The pre-application meeting synopsis is attached to this report. Over 30 persons attended the on-line meeting. The Planning staff has received a few phone calls from surrounding owners regarding the process for the zone change and participation in the hearings. No written comments have been received at the time of the staff report.

The Zoning Commission may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1009; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1009; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

 

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

• 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."
• Policy R "Encourage innovative land-use planning techniques to be used in building higher density and mixed-use developments as well as infill developments."

• Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill and social interaction
• Safe and livable neighborhoods can be achieved through subdivision design that focuses on complete streets, pedestrian-scale streetlights, street trees and walkable access to public spaces
• Neighborhoods that are safe and attractive and provide essential services are much desired
• Implementation of the Infill Policy is important to encourage development of underutilized properties

• 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
• Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings
• Public safety and emergency service response are critical to the well-being of Billings' residents
• Homes that are safe and sound support a healthy community

• Transportation: The applicant will start the process of developing a traffic impact study and will coordinate with the city Engineering Division. The traffic study will analyze each of the adjacent street intersections and determine if mitigation or improvements are needed to accommodate the additional traffic. The City Engineering will determine the required improvements. The County Subdivision Improvement Agreement (SIA) anticipated the requirement for analysis of the traffic impact.
• 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 may be effected by the proposed zone change and development of a new city neighborhood. SD #2 did not provide any comments.
• 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?
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 the multi-use trail to be finished on Colton Boulevard and connection to the Zimmerman Trail multi-use path, the school and park to the northwest and the commercial area and facilities to the south and east. Pedestrian connections will be ensured through the development, and the property is close to three fixed route MET bus lines (two on Grand and one on Poly Dr). There are no traffic counts on Zimmerman Trail between Rimrock Road and Broadwater Avenue. Traffic counts on Poly Drive near the Zimmerman Trail intersection are about 5,000 vehicle trips per day. Traffic counts on Grand Avenue near the Zimmerman Trail intersections are between 18,000 and 20,000 vehicle trips per day. The proposed street connections with the development will allow multiple pathways for the new residents to enter and leave the area including Green Valley Drive and Avenue E. Green Valley Drive will be built to a local commercial street standard (the NO zone and the CMU1 zone), and will provide the most direct connection to Zimmerman Trail to the east (through Colton Boulevard) and Grand Avenue to the south. A traffic impact analysis will be done prior to any development and mitigation will be required by the City Engineering Division to ensure all existing and future street intersections are maintained in good capacity.    

7) Will the new zoning will promote compatible urban growth?
The proposed increase in the overall development density is compatible with urban growth and the provision of city level services to the new residents. The proposed zone district boundaries are consistent with the urban growth in this area and will be compatible with the surrounding neighborhoods.

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 Broadwater Avenue and Rimrock Road is beginning to experience growth and development similar to areas further south in West Billings. The city's investment in public infrastructure in the area is spurring the development of new areas for city infill.

9) Will the new zoning conserve the value of buildings?
The property is an undeveloped agricultural parcel. Approval of the zone change will provide certainty to surrounding landowners 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 adjustments to the zoning boundaries will encourage the most appropriate use of this land in Billings.