The Zoning Commission held a public hearing on November 4, 2025, and is forwarding a recommendation of approval and adoption of the findings of the 10 review criteria for Zone Change 1074.

This is a zone change request for a using the Planned Neighborhood Development (PND) zone change process for a proposed annexation of about 55 acres of land generally located north of Central Avenue between 44th St. West and 48th Street West, from county zoning of Agriculture (A) to Corridor Mixed-Use 1 (CMU1), Mixed Residential 1 (NX1), Mid-Century Residential (N2) and Parks and Open Space 1 (P1). A pre-application neighborhood meeting was held on September 22, 2025, at 5:30 pm, at the Emmanuel Baptist Church.  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. This tool applies a level of certainty to all stakeholders, including the surrounding property owners. The proposed Mixed-Use PND will include 3.46 acres of CMU1 on the Central Avenue frontage, 3.25 acres of NX1, 41.17 acres of N2, and 1.12 acres of P1. These acreage amounts reflect net areas exclusive of rights-of-way. 
 

The applicant conducted a pre-application neighborhood meeting on September 22, 2025, at 5:30 p.m. at Emmanuel Baptist Church, 328 Shiloh Road. Forty-eight (48) people attended the meeting. The required notification area for all new PND zone changes is 1/4-mile from the property boundary. In this case, over 230 individual property owners and interested parties were notified of the pending zoning application. In general, the questions from the surrounding owners included interest in the number of new dwelling units. Attendees asked about the traffic impacts and access to surrounding existing streets. The agent stated they have a contract to do a full traffic impact study based on the proposed zoning. There were additional questions about why the property was not developed in the county. The agent stated the Yellowstone County Subdivision Regulations and Department of Environmental Quality require any subdivision within 500 feet of a public sanitary sewer or water system must connect to those systems rather than having onsite water and sewer. From a City standpoint (not what the applicant stated), it does not make sense as far as the City's Limits of Annexation Map and long-term plans for this area to have further county development, especially when some of the adjacent development in the county will end up in the City in the future due to water and sewer challenges. The summary of the meeting is included in the attachments.

At the time of writing this report, 54 emails and letters expressing opposition to the proposed PND zone change have been received by Planning staff. These emails are within the attachments.  The primary concerns raised were increased traffic and the compatibility of housing with surrounding agricultural and large lot residential county properties. Many of the objections were related to potential traffic increases, raising safety concerns. Opponents also expressed doubts about the compatibility of the proposed development with neighboring county properties and traffic safety concerns. While neighboring property owners may provide written and spoken testimony about this zone change either before or at the Zoning Commission hearing, State Law changed in 2025 and a valid protest is no longer an option for neighboring properties.

ZONING COMMISSION PUBLIC HEARING NOVEMBER 4, 2025
The Zoning Commission held a public hearing on November 4, 2025, where staff provided a brief presentation outlining the request. Based on the proposed findings related to the zone change review criteria, Planning staff recommended approval of the application. Chairperson Dan Brooks opened the public hearing and invited the applicants' agent to speak.

Craig Dalton, agent for the applicant, concurred with staff's recommendation and findings of the review criteria. The applicant has requested annexation and zoning approval for the Barber Farm property, an approximately 55-acre parcel located on the West End of Billings. The proposal included with the Planned Neighborhood Development (PND) consists primarily of duplex residential development with commercial along the Central Avenue frontage. Approximately 80% of the development is intended for residential use, with the balance designated for neighborhood commercial and open space. He said that the City has identified Central Avenue as an important east-west connector between Shiloh Road and 48th Street West. Significant public investment has already occurred in this corridor, including the extension of municipal utilities and roadway improvements intended to support future urban development. The property lies within 500 feet of existing municipal utilities and is therefore appropriate for city services. He also noted that state law now requires that all residential zoning districts at a minimum permit single- and two-family dwellings.

Fifteen surrounding property owners spoke in opposition to Zone Change 1074. A representative of the Sundance Subdivision spoke on behalf of multiple residents within that subdivision, and another representative spoke for several residents of the Cloverleaf Subdivision. Both representatives, along with other speakers, expressed strong concerns regarding the proposed zone change and potential future development.

The public generally felt that the proposal was not compatible with the existing County subdivisions and would not align with the established neighborhood character. Common concerns included the introduction of rental housing adjacent to single-family neighborhoods, insufficient school capacity in the West End area, inadequate infrastructure to support increased traffic, neighborhood safety, and the declining underground aquifer serving nearby wells.   Additionally, concerns were raised regarding the ability of emergency services to adequately serve both the existing residents and the potential increase in population resulting from the proposed development.  Overall, the public expressed that the potential scale and intensity of future development could negatively impact schools, streets, and the aquifer, and shared a consensus that necessary infrastructure improvements should be in place prior to any development occurring.

Mr. Dalton explained the Barber Farm proposal is consistent with the City’s long-range growth objectives for the West End, which identify this area as Urban Residential. The plan advances several goals from the 2016 Growth Policy, including infill development, efficient use of existing infrastructure, and housing diversity. While neighborhood compatibility remains a key issue, the proposed PND framework allows for design flexibility and buffering to address adjacent residential concerns. He acknowledged that traffic, school capacity, and service delivery are important considerations. However, these impacts are typical of growth in this sector and can be mitigated through coordination with the City’s Capital Improvement Plan (CIP) and the ongoing West End infrastructure improvements.

Commissioner Mergorden asked staff for clarification on if Central Avenue is in the Capital Improvements Plan (CIP) currently. Staff stated that Central Avenue is not currently in the CIP. 

Chairperson Brooks closed the public hearing. Several Zoning Commission members stated their appreciation for the concerns of the neighbors and the challenges that change creates as the community grows. Commission Chairman Brooks stated that the need for housing in general and housing options was a critical need in the community. He said while there was a large turnout at the Zoning Commission Meeting, there are thousands of people seeking housing in Billings. Mr. Brooks said he found the proposal meets the 10 criteria for zone changes. Commissioner Goss noted that growth continues to occur and the community has challenges with growth and housing costs, but the MT Legislature has made it clear it wants to see communities address housing needs and this is the kind of development that helps.  A motion was made by Commissioner Goss, seconded by Commissioner Megorden, and passed by a 4-0 voice vote to forward a recommendation for approval and adoption of the proposed review criteria.
  

The City Council may take one of the following actions:

• Approve and adopt the findings of the ten review criteria for Zone Change 1074; or,
• Deny and adopt different findings of the ten review criteria for Zone Change 1074; or,
• Delay action on the zone change request to a certain date not more than 60 days in the future; or,
• Allow the applicant to withdraw the zone change request

The applicant has not asked to delay or withdraw the application as of the drafting of this memo.

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

Before making a decision, the City Council shall consider the following findings of the ten review criteria:

1) Is the new zoning designed in accordance with the Growth Policy?
The proposed Mixed-Use Planned Neighborhood Development (MU-PND) zoning is consistent with the 2016 Billings Growth Policy. The development supports the City’s goals for housing diversity, walkable and safe neighborhoods, efficient use of infrastructure, and long-term economic vitality. The following sections summarize key Growth Policy goals.

Strong Neighborhoods:

• Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels in neighborhood areas
• 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, connectivity, pedestrian-scale streetlights, street trees and walkable access to public spaces
• Neighborhoods that are safe and attractive and provide essential services are much desired

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
• Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings 
• Homes that are safe and sound support a healthy community

Essential Investments

• 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.
• Infrastructure and service investments that stabilize or improve property values, secure future utility costs, consider maintenance costs, and improve environmental quality far into the future (i.e., energy efficient) are desirable.

The proposed zoning supports these objectives by providing a mix of residential types (duplex and multi-family units) to meet diverse housing needs. The inclusion of CMU1 commercial uses creates convenient neighborhood destinations, fostering walkability and social interaction. Subdivision design standards will incorporate complete streets and pedestrian-scale lighting, ensuring safe streetscapes. By locating development near existing city infrastructure, the project uses public services efficiently and promotes orderly growth. Commercial and residential integration also contributes to long-term economic activity.

The 2016 Growth Policy identifies three growth scenarios: High Density, Low Density, and Public Preferred. The High Density scenario envisions up to 16 dwelling units per acre, while the Low Density scenario identifies approximately 5 dwelling units per acre. The Public Preferred scenario targets roughly 9 dwelling units per acre. The proposed development includes 370 dwelling units on 55.46 acres, resulting in 6.67 dwelling units/acre, which is closer to the Low Density scenario, reflecting a balanced approach to neighborhood scale and intensity.

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 E Commercial nodes should contain business development sites of various sizes to accommodate a variety of businesses. 
• Policy M Development in the West Billings planning area shall provide for a variety of residential types and densities.
• 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 supports these policies by creating a smaller commercial node that includes approximately 2 acres of CMU1 across Central Avenue, paired with 3.46 acres of CMU1 within the project site. This provides space for a variety of businesses while maintaining compatibility with surrounding uses. The mix of housing types allowed within N2, NX1, and CMU1 ranges from 1 to 9+ dwelling units per structure, offering a variety of residential options that align with Policy M. Adjacent county residential areas, including Cloverleaf and Sundance Subdivisions, have densities ranging from just under 1 to 2.28 dwelling units per acre. Nearby City developments, such as 44 West and Clearwater, have densities of 9.42 dwelling units per acre, and Twin Pines Condos has a density of 5.94 dwelling units per acre. The proposed MU-PND provides approximately 6.67 dwelling units per acre, striking a balanced middle ground that respects the character of surrounding neighborhoods while meeting the plan’s goals for a range of housing types and densities.

2) Is the new zoning designed to secure from fire and other dangers?
All zoning districts within the project—including CMU1, NX1, N2, and P1—are subject to established setbacks/build-to, height restrictions, and building codes, which help maintain safe separation between structures and minimize fire and other hazards. Subdivision and Master Site Plan reviews ensure that streets and access points are designed to provide adequate emergency vehicle access throughout the development. Building design and materials will comply with the International Building Code and International Fire Code, which regulate safe egress and hydrant location.

3) Whether the new zoning will promote public health, public safety and general welfare?
The mix of residential and commercial uses encourages walkable neighborhoods, providing convenient access to parks, open spaces and services. This supports physical activity and social interaction, contributing to overall public health. As mentioned in Criteria 2, the proposed zoning complies with setbacks/build to zones, building separation requirements, and height restrictions, which help reduce fire risk and other hazards. Master Site Plan and subdivision reviews ensure streets, sidewalks, and access points are designed for emergency vehicle access, safe circulation for all users in the neighborhood area, and utility lines with fire hydrants will meet City standards to ensure reliable emergency response.

4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The applicant has started the process of developing a traffic impact study (TIS) as part of the subdivision process. The TIS identifies intersections within proximity to the development to evaluate their current level of service and the development's impact on each intersection. If impacts are determined the developer is required to contribute their proportionate share contribution. This contribution is then used to improve intersections in the area.  Based on preliminary analysis of this subdivision as well as adjacent Traffic Impact Studies, it is anticipated that necessary improvements will be required along the Central Avenue corridor based on current traffic and background growth. 
Water and Sewer: The subdivisions of 44 West and Clearwater Estates to the south will be extending a 16" water main along Central Avenue, as well as a 10" sanitary sewer main. As part of the annexation agreement, the City evaluates water and sewer sizing for the proposed development while anticipating future development. Adequate provision of water and sewer are addressed within the agreement. 
Schools and Parks: The proposed zoning itself will have no impact on schools or parks, but the development will. Schools and parks will be affected by the new residential housing units. SD #2 was contacted for comments. At the time of writing this report, no comments were received. 
Fire and Police: The subject property will be served by city public safety services. The Police and Fire Departments were both contacted for comments on the proposed zone change. The police department responded with no concerns. As of writing this report, no comments were received from the fire department.  

5) Will the new zoning provide adequate light and air?
The proposed zoning is designed to maintain adequate light, air, and openness for all residents and adjacent properties. Each zoning district—CMU1, NX1, N2, and P1—has established setbacks/build-to, height limits, and will regulate building placement and separation. These standards prevent overcrowding, ensure sunlight reaches streets and open spaces, and allow airflow throughout the development.

6) Will the new zoning effect motorized and non-motorized transportation?
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 and large lot single family residential. 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. Sidewalks and a multi-use side path along Central Avenue also will be part of the future improvements. As of now, this project is not identified within the City's Capital Improvements Plan.

Streets will be designed in accordance with City standards, ensuring safe access for cars, buses, pedestrians and emergency vehicles. Subdivision and Master Site Plan reviews will evaluate traffic circulation, intersections, and connections to the surrounding street network to minimize congestion and maintain smooth vehicular flow.

7) Will the new zoning promote compatible urban growth?
The proposed zoning is designed to encourage compatible urban growth by providing a mix of residential and commercial uses that integrate with surrounding neighborhoods. The combination of N2, NX1, and CMU1 zoning allows a range of housing types—from single-family and duplex units to multi-family units in mixed-use buildings providing housing variety. The proposed density of approximately 6.67 dwelling units per acre serves as a middle ground between lower-density county subdivisions to the north, east, and west, and higher-density city developments to the south. The commercial nodes are strategically located along Central Avenue to concentrate activity and reduce impacts on adjacent residential areas. The project will utilize existing streets, utilities, and city services efficiently, ensuring that growth occurs in an orderly manner without overextending public resources.

8) Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning considers the character of the district and the suitability of the property for the proposed uses. This area is experiencing rapid urban growth, with increasing demand for a variety of housing types, including townhomes, apartments, single family and attached homes, as well as local neighborhood and commercial services. The proposed CMU1 zoning along Central Avenue provides an appropriate location for neighborhood serving commercial uses, concentrating activity along a major corridor while minimizing impacts on adjacent residential areas by its location on an arterial street. The mix of residential zones (NX1 and N2) offers a range of housing choices and densities that transition smoothly from lower-density county subdivisions to the north and west to higher-density city developments to the south.

9) Will the new zoning conserve the value of buildings?
The proposed zoning utilizes setbacks, build-to zones, building orientation, and height restrictions to minimize impacts on adjacent properties and maintain the overall character of the surrounding area, while transitioning to a city development. 

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, CMU1 and Public 1 zoning will encourage the most appropriate use of this land. The property is within the City’s Limits of Annexation and is planned for urban development. Utilizing this land for a mix of residential and commercial uses leverages existing streets, utilities, and city services. As mentioned in prior criteria, the development provides a range of housing types and neighborhood-serving commercial spaces. This balance ensures the land supports multiple community needs while maintaining compatibility with surrounding properties.