Planning staff is recommending approval and adoption of the findings of the 10 review criteria for Zone Change 1044.

This is a zone change request for a 1-acre parcel located within and surrounded by the Buffalo Crossing Subdivision. The parcel is legally described as Parcel 4B, amended plat of Certificate of Survey 2735. The current zoning is Rural Residential 1 (RR1) a county zone. A concurrent annexation has been submitted. The proposed zoning of Mixed Residential 2 (NX2) is intended to fit in with the Buffalo Crossing NX2 development to the north. Buffalo Crossing was annexed, zoned and subdivided in 2022 and 2023. A vacant county parcel surrounded by urban level development is not an ideal development pattern.

The proposed zone change will allow the property to be developed for multifamily structures with off-street parking for the new residents. There are very few housing choices in this area of West Billings. Most (70% +) are single family homes on large urban lots (7,000 sf +). There are several areas that also offer a two-unit dwelling. Foxtail Village to the north has 18 duplexes, Grand Peaks to the east has about 22 duplexes, and Signal Peak at 62nd St W and Rimrock Rd has about 77 duplex town homes. These comprise less than 20% of the total housing choice in the area. The rarest housing choice is the attached multifamily unit (3+ units per structure), either for rent or ownership. This is less than 5% of the total housing choice west of Shiloh Road from Central Avenue to the north. A resilient urban fabric has more housing choices than are currently available in West Billings. 

Planning staff is recommending approval based on the compatibility with the adjacent zoning and will provide predictable development in Buffalo Crossing. The proposed zoning is in conformance with the 2016 Growth Policy guidelines. The proposed use and zoning will benefit the orderly transition of this property from a rural residential county lot to an urban neighborhood. The proposed zoning supports the city's Infill Policy.

The applicant held a pre-application neighborhood meeting on January 20, 2024, at Ben Steele Middle School. Two surrounding owners signed in to the meeting. The primary concern expressed by the surrounding owners was regarding density and parking and whether the new residents would own or rent. Planning staff sent the required mailed notices, posted the property, posted a synopsis of the application on the Current Zoning Application web page, and published the legal information for the Zoning Commission hearing. No public comments were received by the Planning staff prior to this report.

 

The City Zoning Commission may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1044; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1044; or,
• Delay action on the zone change request for up to 60 days at the request of the applicant or on its own motion; 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. The applicant has not requested a delay or withdrawal of the application.

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

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:

• Infill development and development near existing city infrastructure may be the most cost-effective.
• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill, and social interaction.
• Implementation of the Infill Policy is important to encourage the development of underutilized properties.

The proposed zoning would allow an existing vacant county property to be sold and incorporated into the Buffalo Crossing subdivision plan. This in-holding was not acquired by the developer of Buffalo Crossing. The prospective owner, Taj Mukadam, is working with the owner of Buffalo Crossing to ensure the compatibility of both developments. The current concept plan adds up to 18 dwelling units on this one-acre parcel.

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. The site will be developed in conformance with section 27-300 (BMCC) for Mixed Residential zones as well as landscaping (27-1200). New buildings would be required to meet city Building Codes and Engineering standards as well. A multi-unit development on an undivided parcel will require a master site plan review. This is an administrative review similar to a subdivision.  

3) Whether the new zoning will promote public health, public safety and general welfare?
Similar to criteria two, public health and public safety will be promoted by both the existing zoning and the proposed zoning. The proposed NX2 zoning would allow the vacant property to be developed with compatible uses to the already approved Buffalo Crossing neighborhood. Developed land will increase property values. Vacant land tends to add unpredictability to the area. It is not likely that the current zoning would result in the placement of a residential home on the property. The state and city would require annexation to provide water and sewer to any new dwelling(s).

4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning should not have any measurable impact on transportation. The owner will need to coordinate any changes to the existing traffic analysis done for Buffalo Crossing.
Water and Sewer: The City will provide water and sewer to the property. An annexation agreement will outline the city and developer’s responsibilities.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The school district provided no comments on the proposed zone change. Parks should not be negatively impacted by the proposed zoning. The development is not large enough to trigger the requirement to provide on-site open space. There will be walking trails within Buffalo Crossing and there will be a multi-use path on the south side of Grand Avenue.  
Fire and Police: The subject property will be 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?
Similar to criteria 2 and 3, the proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. Any development of the property would follow the requirements of Section 27-300 (BMCC) and other city regulations for development.

6) Will the new zoning affect motorized and non-motorized transportation?
The existing property has no street frontage. The current certificate of survey provides an access easement from Buffalo Crossing to Grand Avenue. This is a high-speed arterial managed by the city and county. There is no curb, gutter or sidewalk currently along this street frontage. If the annexation and zone change are approved, the easement for direct access onto Grand Avenue will be extinguished, and new access will be along Buffalo Crossing streets. This will improve traffic management and non-motorized transportation by removing this potential conflicting access point on Grand Avenue.

7) Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth proposed for this area. The property to the west is outside the city limits and is agricultural land. The surrounding residential subdivisions are compatible with this proposed zoning and a 1-acre infill parcel. The zoning does promote compatible urban growth.

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 or uses. The proposed zoning will allow the 1 acre parcel to develop with the rest of Buffalo Crossing. The adjacent zoning to the north is NX2. To the south, west and east is N3 zoning. A buffer yard will be required along the shared property lines with the adjacent lots. This does not need to be a sight-obscuring buffer but will include trees and shrubs as required.

9) Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. Any development of the property will need to meet the code requirements for Mixed Residential zoning, and other city development and building regulations. New development tends to increase surrounding property values.

10) Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the incorporation of the property in the existing Buffalo Crossing, allowing infill on a vacant parcel. This also contributes to the neighborhood stability of the area. The proposed zoning and use will encourage the most appropriate use of the parcel.