Planning staff recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1045.

This is a zone change request using the Planned Neighborhood Development zone change process for a proposed annexation of a 48.49-acre parcel located south of Central Avenue and west of the Twin Pines and Legends West urban neighborhoods. The proposed Mixed Use PND will include 6.9 acres of Corridor MIxed Use 1 (CMU1) on the Central Ave frontage, less than 1-acre of Neighborhood Mixed Use (NMU) also on the Central Ave frontage, 21.9 acres of Mixed Residential 1 (NX1), 6.7 acres of Mixed Residential 2 (NX2), 10.4 acres of Mid-Century Neighborhood (N2) and 1.4 acres of Public 1 (P1). The PND process is a tool to help guide the coordination of annexation, subdivisions, and master planning for new city neighborhoods. The previous zoning code (pre-2021) 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 PND process allows 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 Use PND and includes two types of mixed residential zoning (NX1 and NX2), and N2 zoned area adjacent to the County zoning on the west boundary. The Corridor Mixed Use and Neighborhood Mixed Use are along the Central Avenue frontage in proximity to the 44th St W (collector) street intersection planned for this area. The applicant also has an option to purchase another 50+ acres south of the subject parcel. This may also be annexed and zone changed through the PND process. Bell Avenue will be the street that runs along the south boundary of the subject property. The Public zone area is in the southeast corner on both sides of the proposed Bell Avenue.

The zoning plan for the property shows a grid layout that is conducive to the proposed blocks and provides for a wide variety of housing choices on the subject property including single family dwellings, two-family, 3-8 unit apartment buildings (or condos) as well as mixed uses that can provide neighborhood services to the area. The layout meets the requirements of Section 27-800 for Planned Neighborhood Development zone change applications including the required mix of zone districts, blocks, percent open space and recommendations for district placements. The street layout includes connections to adjacent property to ensure connectivity between developments as they occur. The Central Avenue frontage will have a multi-use path required as part of the subdivision and annexation agreement. While this section may be discontinuous to adjacent property outside the city limits, eventually these parcels will annex to the city and the path can be completed.
 

The applicant conducted a pre-application neighborhood meeting on January 24, 2024, at Grace Montessori Academy, 4809 Grand Avenue. Twenty-seven people attended the meeting, not including the applicants. The required notification area for all new PND zone changes is 1/4-mile from the property boundary. In this case, over 180 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 the number of new dwelling units. The applicants estimated at the time of the pre-application meeting about 250 units (5+ units per acre) might be built. Attendees asked about the traffic impacts and access to surrounding existing streets. The agents stated they have a contract to do a full traffic impact study based on the proposed zoning if it is approved. Questions were asked regarding building height and whether homes outside the city limits would be forced to annex when water and sewer is installed. The CMU zone allows for up to 4 stories, while the other zone districts are 2 or 2.5 stories. The city will not force anyone to annex unless the property requests or is required to use city water or sewer. Annexation is required before these city services can be provided.

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 1045; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1045; 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. 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.

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 MU-PND for the 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-use environment. The proposed development will also have good access to outdoor activities and is in proximity to commercial centers and transportation options.

The proposed zone change is 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 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

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 property will allow higher density housing to be located internal to the property and the dwellings adjacent to the agricultural uses to the west will be a lower density. The proposed zoning plan will have urban development adjacent to county agricultural land to the east, west and south. The property to the south may be an addition to the city in the near future if this development is successful. The layout of the parkland will provide an "entry" type park for the development when the connection is made to the existing west end of Bell Avenue. The location of the parkland on either side of the Bell Avenue right of way will lend itself to a green or a plaza (Section 27-803.B). 

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 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 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. The future transportation map only includes collector streets and arterial streets. A mid-section collector street (44th St West) is intended to come south from Central Avenue. Bell Avenue will extend further west to meet this collector street in the future. Although it is not shown on the zoning plan, there is a multi-use path planned for the south side of Central Avenue. The city limits are discontinuous on Central Avenue west of Shiloh Road. The developer will likely be required through the annexation agreement to contribute to the cost of this multi-use path construction in the future. 
Water and Sewer: The City will provide water and sewer for the property. There will be no additional impacts on 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. At the time of subdivision, the developer will need to provide additional parkland or cash-in-lieu of parkland to meet the minimum required by subdivision regulations (11% of net area).
Fire and Police: The subject property will be served by city public safety services. The Police and Fire Departments had no concerns about 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 traffic plan for this development. The subject property will be isolated from the co-terminus boundaries of the city limits for an undetermined amount of time. If the developer exercises the option to purchase the 50 acres to the south, a clear vehicle and pedestrian connection can be made to the urban neighborhoods of Lenhardt Square, the Vista West development and the St. Vincent's Healthcare subdivision, as well as a connection to Shiloh Road. Central Avenue is a principal arterial street. Most of the development west of Shiloh Road with access to Central Avenue is rural residential neighborhoods that are still actively used for agricultural purposes. The average daily traffic count just west of Shiloh road is less than 6,500 trips per day. The 2016 West End Multi-Modal Traffic Study (city/County) indicated long term projects for Central Avenue from Shiloh Road to 48th St West would include completion of a three-lane section (one lane each direction with a center turn lane) and a traffic control option (signal or roundabout) at 48th St W and Central Avenue. The existing conditions according to the 2016 study indicated a low level of service for traffic entering or leaving Central Avenue during peak hours between Shiloh Road and about 44th St West. The level of service is based on wait time for making safe left or right turns onto Central Avenue or off of Central Avenue. The south side of Central Avenue is on the list of arterial streets with a multi-use path on the south side of the right of way. There is no continuous city-controlled right of way on Central Avenue west of Shiloh. The developer will be required to contribute to the future construction of the multi-use path.   

7) Will the new zoning will promote compatible urban growth?
The proposed overall development density is compatible with urban growth and the provision of city-level services for 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 Central Avenue and King Ave 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 types 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 for 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 Used PND with N2, NX1, NX2, CMU1, NMU and Public 1 zoning will encourage the most appropriate use of this land in Billings.