Planning staff recommends approval of the Planned Development amendment for Zone Change 1033 and adoption of the findings of the 10 review criteria.

This is a zone change request to allow an update to the Planned Development document for the St Vincent's Healthcare Subdivision at the intersection of King Ave West and Shiloh Road. The planned development zone for the property was first adopted in 2004 when the hospital first acquired the 113 acres of land at the intersection. At the time, plans for improvements to Shiloh Road were just entering the planning stages and no development had occurred in the area except for the residential development on the east side of Shiloh Road. By 2002, the new Zoo Drive interchange on I-90 was complete and the Shiloh corridor improvements to create a limited-access separated arterial street from Zoo Drive to Rimrock Road were under way. These improvements were completed by 2010 and development along the corridor accelerated.

The city developed and adopted zoning overlay districts in 2004 and 2005 for land within 500 feet of the Shiloh Road centerline to try and ensure development would add to and complement the new right of way improvements. The overlay districts did not change the underlying zoning district uses, but required enhances building design, landscaping and sign standards. There were two overlay districts - one for property north of King Ave West (2004) and one for property south of King Ave West (2005). The original planned development zone adopted for the St. Vincent's Healthcare property was approved by the City Council at the time of annexation in 2004, prior to the Shiloh Corridor Overlay district adoption. Seven years later, the owners re-drafted the original document when a new subdivision was created. The 2011 amendment was approved by the City Council and several sections of the new document referred to the Shiloh Corridor Overlay district for landscaping, signage and site design. The first building in the subdivision was constructed in 2017 and new buildings are added every year. The completion of the new Rocky Vista University medical college this year is a key development that will set the stage for building out the subdivision.

The original and the current planned development emphasize the need to develop a coherent campus with similar and complementary designs throughout including safe pedestrian paths and green spaces within the campus. The St Vincent's Healthcare hospital will remain in the downtown core with a planned new 9-story hospital building to begin construction later this year. The west end property will focus on providing clinical services, private medical services, medical education, as well as future housing choices in the subdivision. The subdivision and development has an extensive set of covenants, restrictions and building design standards administered by St Vincent's Healthcare through a private design and consulting firm. The planned development zoning district is compatible with these private agreements and the zoning requires a developer to provide a letter of approval from the private reviewing agency prior to submitting for a building, sign, fencing or any other city required development permit. This ensures the private and public requirements are both met before a development moves forward.

The proposed amendment to the planned development will update the legal descriptions of lots and blocks within the subdivision (amended in 2022), remove references to the Shiloh Corridor Overlay district, name new underlying zone districts of Corridor Mixed Use 2 (CMU2) and Mixed Residential 2 (NX2) for these lots and generally clean the document of references to out-of-date city regulations and requirements. The bulk of the existing PDA will remain in full force and effect. Both the annotated proposed PDA amendment and the current PDA are attached to this report. The applicant's counsel has also provided a synopsis of the purpose and details of the PDA modification.

Planning staff has reviewed the application and finds the proposed amendment meets the 10 review criteria for zoning changes. The modifications will align the document with the current zoning while leaving in place the guarantees on site development standards above and beyond city basic standards. The proposal ensures the existing and future lot owners of continuity of development and assurance of compatibility as the development is built-out.
 

The applicant conducted a pre-application neighborhood meeting on June 26, 2023, at the offices of the agent, Sanderson Stewart. Three surrounding property owners attended the meeting. There were concerns about management of existing and future traffic on King Ave West particularly at 44th St West which is a two-way stop controlled intersection. There was also concern about pedestrian safety crossing arterial streets.

Planning staff did not receive any emails or correspondence from the legal notices sent to surrounding owners.  

The City Zoning Commission may:

• Recommend approval and adoption of the findings of the 10 review criteria; or
• Recommend denial of the PDA amendment and adopt different findings of the 10 review criteria; or
• Move to delay the public hearing one time for up to 60 days; or
• Allow the applicant to withdraw the zone change.

The City Zoning Commission is required to make a recommendation to the City Council on the requested zone change. In the case of a tie vote on a motion, the Commission must either make a new motion or continue the hearing to a new date and time. The applicant has not requested a delay or to withdraw the application.

Approval or denial of the requested zone change will not affect the Planning Division budget.

Prior to making a recommendation to the City Council, the Zoning Commission shall consider the findings of the ten review criteria for this zone change.

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 West Billings Neighborhood Plan. The amendment to the PDA represents an update to better fit with the new zoning (2021) the city adopted. Overall, the PDA meets the following Growth Policy Guidelines

Essential Investments:
Landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors
Infill development and development near existing City infrastructure may be the most cost-effective

Community Fabric:
Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity
Attractive street-scapes provide a pleasant and calming travel experience in urban and suburban neighborhoods
Outdoor public spaces provide casual and relaxing gathering areas for people
Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity
Attractive street-scapes provide a pleasant and calming travel experience in urban and suburban neighborhoods

Strong Neighborhoods:
Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction
Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
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

Home Base:
A mix of housing types that meet the needs of a diverse population is important
Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe

Mobility and Access:
Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings
"Safe Routes to Schools" promotes physical health and reduces vehicle trips, earning parents more time and less cost for transportation

Prosperity:
A diversity of available jobs can ensure a strong Billings' economy Successful businesses that provide local jobs benefit the community
Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
Retaining and supporting existing businesses helps sustain a healthy economy

2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Billings Fire Department. Several lots have already developed in the subdivision. The nearest fire station is located on S 24th Street, approximately 2 miles east of the subject property. Depending on the specific uses, additional review for fire protection would be conducted during the development process for lots within the subdivision. City water and other improvements are in place to protect the new uses 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 not be affected by the proposed change. The new underlying zone districts of CMU2 and NX2 along with the prohibited uses will continue to provide predictability and compatibility between uses.

4. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The existing zoning and new development will continue to increase traffic on the surrounding arterial streets. A traffic study was completed for the subdivision and as each new development occurs, the study is reviewed an updated as needed. The property has good access in all directions. A reciprocal access easement exists to the Spaeny and Amen property recent annexed to the city. Additional contributions to nearby intersection improvements may be indicated in future traffic impact updates. None are planned at this time.
Water and Sewerage: The property is served by city water and sewer. There are no issues with provision of these services now or fo future development.
Schools and Parks: The proposed amendment should have no effect on schools or parks. There are several private parks planned for development within the subdivision along with trails and green spaces.
Fire and Police: The subject property is serviced by the Billings Fire Department and the Billings Police Department. There are no concerns from these departments with the proposed zone amendment.

5. Will the new zoning provide adequate light and air?
The existing PD zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. The amendment does not alter these requirements.

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 for this area of Billings. There are several dedicated pedestrian pathway and bike trails within the subdivision that connect to existing public improvements adjacent to Shiloh Road and King Ave West. The amendment will have no effect on these transportation choices.

7. Will the new zoning promote compatible urban growth?
The proposed update to the underlying zoning from the retired Entryway zone district to Corridor Mixed Use 2 (CMU2) with some lots also designated for Mixed Residential 2 (NX2), the development will be compatible with the adjoining properties and with the character of this urban growth area. More specific development requirements will remain in place for this PDA and will ensure continuity for the lot owners.

8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed PD amendment does consider the character of the district and the suitability of the property for the proposed uses. This area of West Billings is undergoing rapid development compared to other areas of Billings. The demand for medical services, personal services, housing choices including townhomes, apartments and smaller single family residences is increasing. The underlying CMU2/NX2 zones will allow the subdivision to conitnue building for those services and amenities that are in demand.

9. Will the new zoning conserve the value of buildings?
Most of the existing language of the PDA will conitnue and will ensure there are no nonconforming issues with the existing developments. Approval of the zone change to amend the PD agreement will continue to 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 amendment to the PD may encourage the most appropriate use of this land in Billings.