Staff recommends the City Council approve Zone Change 1026 on second reading including adoption of the 10 review criteria. The City Council held a hearing on June 12, 2023 and approved unanimously the zone change on first reading. Not approving this second reading action would be consistent with the action taken by City Council on June 12th.  

This is a zone change request for property at 3648 AJ Way from Agriculture (A), a county zone district, to Public 3 - Civic Campus (P3- Civic) on C/S 1889, Tracts 2 and 3, a 40.001 acre parcel(s) of land. The proposed zoning would facilitate the Department of Montana Military Affairs in the development of an Army National Guard facility. In order for these two 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, they must also go through a concurrent process to have the property re-zoned to a zone recognized by the City. 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 Limited Army Aviation Support Facility (LAASF) would be 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: "The Planned Action is to construct a government-owned permanent Limited Army Aviation Support Facility (LAASF) in Billings, Montana. A larger, Montana Army National Guard (MTARNG) owned facility would accommodate a permanent hangar and would include backup/emergency generator, paved parking, unheated aircraft storage, and fire detection, alarm, and suppression equipment. This large, long-term permanent facility includes space for training rooms, office space, hangar, etc. and would accommodate the emerging growth needs and coverage requirements of the Montana Army National Guard (MTARNG) aviation assets. The permanent facility would better accommodate on-the-ground drill and training activities. The LAASF would be staffed by up to 14 full-time personnel, including mechanics, flight operations specialists, and a mixture of each of the following; avionics, technical supply, production control officer, maintenance test pilot, quality assurance officer, Officer in Charge (OIC), instructor pilot, and maintenance supervisor. During the drill weekends, up to 90 personnel are stationed in Billings. These weekends commence on either Thursday or Friday and conclude on Sunday evenings. Typical start/end times are Thursdays, 10AM – 11PM; Fridays, 7AM – 11PM; Saturdays, 7AM – 11PM; and Sundays, 8AM – 330PM. The proposed LAASF would support six helicopters (including but not limited to the Chinook, Blackhawk, and Lakota). Flights occur primarily during the day. On weekdays, 2 to 3 helicopter training flights per day originate from LAASF for a total of 10 to 15 flights per work week. The LAASF supports 2 to 3 flights per day on drill weekends for a total of 14 to 21 flights during a drill week. While most flights are single-aircraft operations, some multi-ship operations occur. Multi-ship flights depart the airspace immediately and do not use the traffic pattern. The LAASF operates one additional Saturday per month that includes two to three flights. Flights follow flight paths that are approved by Air Traffic Control. Flight paths originate at the LAASF facility and travel over the airport north of Highway 3."
 
Planning staff recommended approval and adoption of the findings for the 10 review criteria for Zone Change 1026. The Zoning Commission concurred with the staff recommendation and also recommends approval to the City Council for Zone Change 1026. The Zoning Commission found that 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.

Planning staff notified the surrounding owners, published a legal ad and posted the property as required by the zoning regulations. A pre-application neighborhood meeting was conducted by the applicant on March 27, 2023, at 3465 AJ Way - Unit 111, and 16 persons signed the attendance sheet. The pre-application meeting notes and sign in sheet are attached.

The Zoning Commission held a public hearing on May 2nd. Prior to the hearing, staff provided a presentation and overview of the proposed zone change. Additionally, the Army National Guard Lieutenant Colonel John Gehring provided background information and presentation to the Zoning Commission. He also introduced Colonel Rob Oleson, Lee Elder with SMA Architecture, and Holly Manning with Robert Peccia and Associates who are part of the design team. Lieutenant Colonel Gehring provided an overview of the project and operation that would occur. He explained the Montana Army National Guard has been conducting business in a leased hangar space on adjacent property. He stated the Dept of the Army has authorized this permanent aviation presence in Billings. This facility will help provide response for this area and Eastern Montana. In the past 12 months, the Montana Army National Guard has rescued 92 people in eastern Montana. This facility will serve as a projection platform. He stated transparency on this project is important. The Army National Guard is in the process of trying to obtain an additional 98 acres. With the governor's approval, the City could anticipate future applications for these properties as efforts move forward in build out of a campus. Lee Elder then shared conceptual images of the proposed structure. He noted at this time these are conceptual, but wanted to provide transparency. He iterated the importance of annexing and completing a zone change is to gain access to city services. He shared additional information related to the site plan. He answered an earlier question from the Board asking if there would be direct access to the Billings Airport. He stated they have not formalized access but are considering what that may look like and further coordinate with the City.

Commissioner Greg McCall asked if this property did not have to follow the PND process for newly annexed property. Staff clarified the PND did not apply to this property. Commissioner David Goss asked about the specific training that would occur on site. LC Gehring clarified up to 6 aircraft are authorized for, mostly Blackhawks. Commissioner Goss further clarified his question and asked if outside Guards would be coming in for training similar to a training program he was familiar with in Oregon. LC Gehring explained that training exercises here would be for Montana Army National Guard members who have already completed flight school. 

The Public Hearing was opened. There was no public testimony. The Zoning Commission voted to recommend approval of Zone Change 1026 with the findings to City Council. The motion passed unanimously. 

The City Council held a public hearing on June 12, 2023. Planning staff provided an overview of the annexation and zone change. Colonel Oleson and Lieutenant Colonel (LTC) John Gehring represented the Montana Army National Guard (MTARNG). Other project team members in attendance were Holly Manning with Robert Peccia and Associates and Lee Elder with SMA Architecture. Following staff's presentation, LTC Gehring provided an overview of the operations related to this project and also informed City Council that with the passing of House Bill 5, an additional 98 acres would be acquired soon and a Readiness Center and Maintenance facility would be planned for that area. Lee Elder showed visuals of the facility and provided an overview of the intentional design of the building massing and siting to alleviate noise and create a buffer.

Council Member Purinton asked the applicants to speak to what is being done in regards to neighbors and noise. Colonel Oleson responded with several details related to their identified flight corridors. He acknowledged there are resident concerns and shared that MTARNG has met with the neighbors to better understand their concerns. He noted there had been concerns about low flying aircraft from the west and they have changed their flight paths to the west as a result. Their flight corridors are FAA compliant. Further information was shared regarding the additional 98 acres creating a campus of 138 acres total. Mayor Cole inquired as to what a typical month is like at the proposed facility. LTC Gehring explained the Limited Support Army Aviation Facility would be staffed by up to 14 full-time employees and host trainings once per month, but it was later stated that trainings occur 8 times per year. Trainings occur from Friday thru Sunday. 90 personnel are usually onsite during these trainings. Over time as the Readiness Center is completed upwards of 500 personnel may be on site for training purposes. Council Member Neese inquired about grounds maintenance and whether the MTARNG would be maintaining the grounds to avoid nuisances like weeds and such. It was confirmed the guard is responsible for maintaining the grounds and they will do so to avoid things like tumbleweeds. Council Member Neese asked about the facility and whether it would be open to the community. Colonel Oleson stated the facility in Helena hosts school groups once per week and once per year they host an open house. He envisions something similar. 

Morgan Tuss, a nearby landowner along Highway 3, provided testimony during the public hearing. Her family raises quarter horses and lives on property located approximately one mile west. The property has had a residential use for approximately 70 years. Morgan expressed concern related to noise, lighting, traffic, pollution, utilities, etc. She stated she would have preferred the land develop as residences but understands the P3 zoning is better than some other alternatives. She would like to see continued work and coordination to mitigate concerns continue with the MTANG as the development occurs. She was not opposed to the zone change or annexation, but wanted to express some concerns related to the aforementioned items.

Wesley Dunn provided testimony in support. He stated he was in full support and believes the MTARNG presence could possibly reduce or deter crime. He would like to see a state guard similar to the guard in Texas. He is a statesman. Mr Dunn did express concern that there may be inadequate utilities and urged council to look closer at the discrepancies staff discussed in the presentation.

The public hearing was closed. CM Shaw made a motion to conditionally approve the annexation as recommended by staff. It was seconded by Council Member Boyett. Council Member Purinton asked for a response to testimony received by Morgan Tuss related to noise, traffic, pollutants, wastewater, etc. Colonel Oleson referred to some of his earlier information about the flight corridors and a noise study that has been conducted. Related to lighting, he explained the building entries are recessed reducing lighting and the outdoor lighting has downward facing shields. Lighting needs to be minimal during nighttime because they fly with night vision goggles and don't want the light. Rarely should there be lighting concerns, he said. There is smaller security lighting but the landscaping is key to minimizing this, too. Lee Elder stated the design is intentional to minimize some concerns. Lee also expanded that a traffic study had been completed. Holly Manning with Robert Peccia spoke in regard to utility development. In regard to water she stated they would work with the city on potential improvements related to water. In regard to sewer flow she mentioned there are some limitations regarding how fast and how much waste water can be sent but they are proposing individual lift stations and small diameter forced mains similar to Yellowstone Landing. The biggest concern is stormwater because of the rims and their fragility. She said their plan is to take stormwater generated from the development and pump it to Alkali Basin to the north and be in compliance with the MS4 permit. Council Member Neese was curious of the airport expressed any comments related to impacts to their operations. He also asked for clarification about flight paths and the influence of the airport. Staff provided some clarifying information on the staff report. Colonel Oleson stated they have proposed their flight paths and their corridors. The airport accepted roughly 90 percent of that. Colonel Oleson explained there are some times when corridors have to be deviated from. With helicopters being so maneuverable they would give way to other air traffic. Mayor Cole asked planning staff about the traffic study. He wanted staff to talk about AJ Way and what may be done in the future. Mayor Cole asked if there was opportunity with the annexation to contribute towards intersection improvements or other improvements for AJ Way. Planning staff clarified there is opportunity for additional language in the annexation but cautioned the Council that any language considered should propose a proportionate share. Planning staff also clarified Highway 3 is the jurisdiction is MDT and any improvements should be coordinated with MDT. LTC Gehring provide clarification regarding personnel numbers on training weekends. This specific facility is 14 employees with 90 personnel. When the Readiness Center is constructed the MDT trigger will be tripped as it related to the traffic study. Council voted unanimously to annex the property. 

Council Member Shaw moved to approve and adopt the findings of Zone Change 1026, seconded by Council Member Purinton. There was no additional discussion. The item was also approved unanimously. 

 

The City Council may take one of the following actions:

• Follow the Zoning Commission recommendation and adopt the findings of the ten review criteria as recommended by the Zoning Commission for Zone Change 1026; or,
•  Deny the zone change and adopt different findings from the Zoning Commission of the ten review criteria for Zone Change 1026; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

Staff recommends council approve this item on second reading to be consistent with first reading action.

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

Prior to taking any action on this zone change, the City Council shall consider the following:

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.

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 a 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. 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.

The Billings Area Transportation Plan classifies Highway 3 as a Principle Arterial. Principle 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 accompanying annexation agreement that is mutually agreed upon between the City of Billings and the Property Owner. This agreement is a strict condition of approval for annexations. Water will be extended to the property via AJ Way.

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 3.9 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.

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 facility will house up to14 full-time employees and will host trainings once per month with an estimated 90 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 (Average Daily Traffic - 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. 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 under construction and is located south of Highway 3. The Skyline Trail is a multi-use trail that will extend from the intersection of Highway 3 and Zimmerman Trail through Airport Road along the south side of Highway 3. The City has received federal funding to pave a 10-foot trail that would replace an unimproved/primitive trail that is presently in place. 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 facility 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), Heavy Commercial (CX), Agriculture (A), and Light Industrial (I1).

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 aviation operations and businesses does encourage the most appropriate use throughout the City of Billings.