Planning staff recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1011.

This is a zone change request using the Planned Neighborhood Development zone change process for a proposed annexation of a 33.64 acre parcel located south of Grand Avenue and 60th St West. Trails West Subdivision is adjacent to the east and Foxtail Village Subdivision is north across Grand Avenue. The proposed Mixed Residential PND will include 5 acres of N2, 19 acres of N3, 3.6 acres of NX2 and about 5 acres of open space (P1). The PND regulations require either a Mixed Residential zone or commercial/mixed use zone for any arterial street frontage. This ensures the most efficient use of the valuable arterial street frontage.

The PND is a new zoning tool to help guide the coordination of annexation, subdivisions, and master planning for new city neighborhoods. The previous zoning code allowed urban-type zoning districts in both the city and the county. In many cases, developers were "pre-zoning" parcels in the county prior to annexation. The new PND process is allowing developers to process all the zoning with the City Council, phase the annexation of the property (if necessary), and coordinate both of these processes with subdivision or master site plan review. The new tool applies a level of certainty to all stakeholders, including the surrounding property owners.

This zone change is for a Mixed Residential PND process and includes mixed residential zoning (NX2), N2 and N3 zoned areas along with the minimum required Public 1 zoning of at least 2% of the net area.

APPLICATION DATA
OWNER: Buffalo Crossing LLC, Doug Wild
AGENT: WWC Engineering, Aaron Redland
LEGAL DESCRIPTION: Tracts 4A of C/S 2735
CURRENT ZONING: Rural residential 3 (RR3 - 3 to 9.9 acre lots)
EXISTING LAND USE: Agriculture 
PROPOSED USE: Mixed Residential development with 1-2 family as well as multi-family residences
SIZE OF PARCEL: 33.64 acres

CONCURRENT APPLICATIONS:
Petition for Annexation 22-03

SURROUNDING ZONING AND LAND USE:

The applicant conducted a pre-application neighborhood meeting on January 22, 2022 at the subject property. Thirty-two persons attended the meeting including the applicants and agents, Doug Wild, for the applicant and Greg Reid and Aaron Redland for WWC Engineering. The required notification area for all new PND zone changes is 1/4-mile from the property boundary. In this case, 298 individual property owners and interested parties were notified of the pending zoning application. The summary of the meeting is included in the attachments.

In general, the questions from the surrounding owners included interest in connection to existing streets, traffic, dwelling unit designs and the potential for commercial development. Traffic conditions and impacts from the development will be required to be addressed via the annexation and subdivision agreement with the City. The annexation will precede the subdivision application so this property requires a Development Agreement for the annexation and a Subdivision Improvement Agreement (SIA) when the subdivision is finalized. Both documents cover similar issues such as traffic impacts and mitigation, construction of infrastructure and any waivers for future improvements that benefit the development. Zone changes, in no circumstance, can be approved with conditions, but annexations and subdivision are able to be conditionally approved.

Planning staff did not receive any written comments or phone calls from the surrounding owners prior to preparing this staff report and recommendation. City staff and departments had no negative comments on the proposed annexation and zoning plan.
 

The Zoning Commission may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1011; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1011; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

The Zoning Commission is required to make a recommendation to the City Council on this application for zone change. The application will not proceed to the City Council without a recommendation.

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

Before making a recommendation to the City Council, the Zoning Commission shall consider the following findings of the ten review criteria:

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 Mixed Residential PND process for the Buffalo Crossing property 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 zoning is compatible with goals of the West Billings Neighborhood Plan. The proposed zone change and street layout will accommodate uses that are compatible in a mixed-residential environment. The proposed development will also have good access to outdoor activities and is in proximity to developing commercial activity and transportation options.

The proposed amendment is also in line with the adopted 2016 Growth Policy goals for:
Strong Neighborhoods:

• 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 street lights, 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

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
• 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

The proposed layout for the Buffalo Crossing property will allow the mixed residential housing to be located adjacent to the arterial street frontage to make the most effective use of this valuable street frontage. The N2 and N3 zone districts are further south and will be compatible with the adjacent city and county land uses. The layout of the linear parkland across the Grand Avenue frontage, south along the easterly property line and across the south property line will provide benefits both for recreation (walking, biking access) and for maintenance of agricultural infrastructure for irrigation and drainage. The Birely Drain runs north to south along the eastern property line, and another leg of the drain runs west to east across the southern property line. An unnamed drain runs along the southern 700 feet of the west property line. This drain joins with the Birely Drain on the south property line. There is active agriculture in the surrounding area so maintaining the integrity of these drains is important even in a new city subdivision. 

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 assembly and street layout is designed to secure the development 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. Approval of the overall zoning plan and street layout will provide certainty both for the property owner and the surrounding owners. Annexation and provision of public health and safety services from the city will promote the general welfare of the area.

4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The applicant has started the process of developing a traffic impact study and will coordinate with the city Engineering Division. Grand Avenue is a checkerboard of jurisdiction between the city and county west of Shiloh Road. The West Billings Multi-Modal Traffic Planning Study identified the Grand Avenue corridor for street improvements to increase safety. This study indicated the corridor improvements from Shiloh to 52nd St West would be between 2.8 and 4.5 million dollars (2016). The city and county have not yet agreed to begin design for the corridor improvements. Individual intersection improvements - the traffic signal at 54th St W and Grand Avenue for example - have been completed. Two other intersections were identified for improvements in the study - 48th St West and Grand Avenue and 56th St West and Grand Avenue. These intersection improvements were separate from the corridor improvements. Each intersection was estimated to cost between one-half million and 1.5 million dollars. The city has been collecting intersection and corridor improvement payments from developments in this area for over a decade. These funds are set aside to fund these improvements in the future. For example, the traffic signal at Grand Ave and 54th St West was funded by these set-aside dollars provided by adjacent developments. The traffic study for this development 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.

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. Pedestrian connections will be ensured through the development. There is a partially completed multi-use trail east of the subject property on Grand Avenue that is expected to continue along the corridor. Traffic counts in the area on Grand Ave are well below the expected volume on a principal arterial street. Although counts on Grand Avenue average less 6,000 vehicle trips per day, the twice daily pulse of traffic at Ben Steel Middle School is not included in the "average" traffic volume. Ben Steele school opened in the fall of 2017 and has a current student population of 815. As noted above, the West Billings Multi-Modal Planning study from 2016 identified the Grand Avenue Corridor and two intersections in need of improvements for traffic safety in the short term project list. Additional development along this corridor will increase the need for these recommended improvements.

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 Grand Avenue and Rimrock Road, from Shiloh Road to 64th St West is undergoing rapid urban development and growth. Demand for new housing choices including townhomes and apartments is increasing. Providing a wide range of housing choices is suitable for this area.

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 Mixed Residential PND zone change process with N2, N3, NX2, and Public 1 zoning will encourage the most appropriate use of this land in Billings.