County Zone Change 675 – 3415 Grand Avenue – A zone change request from Agriculture-Open Space (A-1) to Community Commercial (CC), Neighborhood Commercial (NC), Residential Professional (RP), Public (P), Residential Multi-family-Restricted (RMF-R), Residential 5,000 (R-50), Residential 7,000 (R-70) and Residential 9,600 (R-96) on Tract 1A of C/S 3364, amended, a +/- 95 acre parcel of land. A pre-application neighborhood meeting was held on April 25, 2016 at Shiloh United Methodist Church, 1810 Shiloh Road. Tax ID: D04784. Presented by Nicole Cromwell, Zoning Coordinator
 

The Planning Division is recommending approval and adoption of the findings of the 11 criteria for Zone Change 675.

OWNER: KZ Bar Limited Partnership, Roy Zimmerman
AGENT: Sanderson Stewart, Dennis Randall, P.E.
LEGAL DESCRIPTION: C/S 3364, Tract 1A
ADDRESS: 3415 Grand Avenue
CURRENT ZONING: A-1
EXISTING LAND USE: Agricultural land and single family dwelling
PROPOSED USE: Mixture of residential use, commercial uses and public land
SIZE OF PARCEL: ~95 acres

None.

Subject Property: The subject property has been zoned A-1 since zoning was adopted by the County in November 1973. One parcel was subdivided from the original acreage and sold for annexation and development within the City. The zoning from A-1 to Residential Professional (RP) was approved in 2010, and a children's medical clinic was constructed.

Surrounding Properties: In 1983, the westward expansion of the City along Grand Avenue proceeded with the first property west of Rehberg Lane, the Judd Center Subdivision, being annexed. The 48-acre property was annexed in August 1983 and then submitted a successful zone change from A-1 to CC, RMF-R and R-50 approved in October 1983. The development of the Albertsons, Billings Hardware, the banks, and restaurants immediately followed. Circle Fifty Subdivision to the west at Shiloh Road and Grand Avenue followed in 1984 with an annexation of 152 acres of land and a zone change to CC, RMF-R, R-70 and R-96. Brittania Subdivision, about 15 acres at Golden Boulevard and Grand Avenue, was annexed and zoned RP, RMF-R, R-80 and R-96 in 1994. In 1998, a zone change was approved for Autumn Subdivision from R-96 to R-80 and the Wyndham Subdivision from R-96 to R-80 in 2001. In 2006, the 40-acre Hancock Grand Subdivision at 38th St West and Grand Avenue was annexed and zoning change from A-1 to CC, RP, R-70 and R-96. Planning staff recommended denial of the additional CC zoning over concerns with "stripping" out CC zoning along the entire length of Grand Avenue. Also in 2006, the E.D. King Subdivision at Zimmerman Trail and Grand Avenue was annexed and approved for 4 acres of CC zoning. The Walgreen's, Ace Hardware, and now Christian Brothers Auto service center have been built on the property. In 2007, the lots north of the original E.D. King Subdivision were approved for CC and RP zoning. In 2008, the Cardwell Ranch Subdivision, a 46-acre property south of Grand at Zimmerman Trail was annexed and a Planned Development zone change approved to allow CC zoning and RMF-R zoning for this property. Frontier Cancer Center was been constructed and a new City Brew/City Vineyard is planned for another lot in the subdivision.

NORTH:	Zoning: R-96 & R-60-R Land Use: Single family homes
SOUTH:	Zoning: A-1 & PD-CC (Cardwell Ranch) Land Use: Agricultural land, undeveloped commercial land, Peter Yegen Golf Course
EAST:	Zoning: R-80, RP & CC Land Use: Single family homes, medical clinic, offices, King's Ace Hardware, Christian Brothers Auto and Walgreen's
WEST:	Zoning: A-1, R-96, R-70 Land Use: Yellowstone Valley Memorial Park (cemetery), agricultural land and single family and two-family homes

This is a County application in preparation for the annexation, subdivision, and development of property within the City limits. The proposed zoning for the 95-acre property includes 32.5 acres of CC zoning, 6.4 acres of NC, 13.4 acres of RP, 14 acres of RMF-R, 9.1 acres of R-50, 4.8 acres of R-70, 3.2 acres of Public zoning (for a central park area) and about 8.1 acres of R-96 zoning. Approximately 10 years ago, KZ Bar Limited Partnership began marketing the property to interested buyers for development of new residential neighborhoods, commercial developments and offices. In 2010, the owner sold a 1.5 acre parcel of land for the development of a children's clinic at Avenue E and Zimmerman Trail. The County approved the RP zone, and the City annexed the small property with the understanding the remaining acreage would have a coherent land use and annexation plan before additional land could be zoned and annexed to the city. Development plans for a property of this size, need to ensure there are sufficient transportation connections to the existing City transportation system, and the proposed land uses and zoning are as compatible as possible with existing City neighborhoods.

The proposed zoning of the property includes commercial and residential zones centered along future street alignments. The street alignments make connections from the north, south, east and west so any new development will be integrated into the existing transportation system. The proposal for 32.5 acres of CC zoning from Avenue E south along Zimmerman Trail and then along the entire property frontage on Grand Avenue is a concern. In 2001, and then again in 2006, the City and County engaged in area planning for Billings West End. Both plans, the West Billings Neighborhood Plan and the Northwest Shiloh Area Plan, emphasize the need to contain intense commercial development around existing and proposed arterial street intersections or "nodes". The 2001 West Billings Plan preferred a maximum distance of 1,500 feet from an arterial intersection for intense commercial uses. The proposed distance from the intersection of Grand Avenue and Zimmerman Trail to the west is compliant with this guideline. The linear distance both west on Grand Avenue and north of Zimmerman Trail is 1,200 feet. The West Billings Plan also recommended the other areas fronting arterial streets be zoned for professional office uses and for higher density multi-family dwellings.

Limiting intense commercial uses to intersections and nodes helps alleviate traffic congestion through limiting drive approaches along arterial streets, concentrating more intense uses where traffic control is or will be in place, and providing community services where people are more likely to be traveling. Community Commercial zones are intended to serve a larger area than a neighborhood and allow a wide variety of uses and special review uses such as bars and casinos. The West Billings Plan indicated a maximum node area for intense commercial uses should be 20 to 30 acres in total - with equal or nearly equal shares of the commercial uses on each corner of the node. At the intersection of Grand and Zimmerman Trail, this would be 5 to 7 acres on each corner. Each corner could support additional acres if necessary to accommodate a specific development. Over-zoning this commercial node will make a nearly continuous stretch of low density commercial uses along Grand Avenue from downtown to Shiloh Road. Arterial streets with continuous stretches of commercial zoning and uses make good urban design nearly impossible. We have examples of these poor land use decisions along Grand Avenue, Broadwater Avenue, Central Avenue, and Main Street. These arterial streets are crowded with drive approaches, poorly functioning intersections, increased vehicle crashes, and too much signage too close together to be effective for businesses.

The remaining mixture of zoning districts proposed with this zone change appear to consider the compatibility of internal developments as well as adjacent neighborhoods. The central park area, proposed as Public, will likely be a private park developed and maintained by an owner's association. The area is not large enough for a public park and does not appear to have area for a programmed active recreation area such as a playing field. The proposed 3.2- acre park also will not meet the minimum area for park dedication for a residential subdivision, especially if part of the areas zoned NC or CC are developed for multi-family uses, so park land requirements will be further evaluated at time of subdivision.

Grand Avenue and Zimmerman Trail are both principal arterial streets that can carry many 1,000's of vehicle trips per day. At this intersection, Grand Avenue and Zimmerman Trail each carry about 15,000 vehicle trips per day. Grand Avenue west of Zimmerman Trail is currently closed for a complete reconstruction and installation of additional intersection traffic control from Zimmerman Trail to Shiloh Road. There will be 2 traffic roundabouts installed - one for this property and another at 38th St West and Grand Avenue. Full development of this 95-acre property will add many more vehicle trips to Zimmerman Trail and Grand Avenue. A full analysis of these impacts would come as part of a future subdivision. A rough estimate of the new vehicle trips from the residentially zoned areas (at full build out) would add about 4,300 new vehicle trips per day to the surrounding street network.

The Planning Division did not receive any comments or concerns from City departments or the West End Task Force. More than 150 surrounding property owners have been notified of the public hearings and no comments or concerns from these owners were received in the Planning office. The Planning staff has considered the 11 criteria for this zone change. Although there is concern that the proposed CC zone is too large for this corner, the recommendation is to approve the proposed zone change. The Planning staff supported the Cardwell Ranch PD with the underlying zoning of CC south of the subject property due to the limitations imposed on allowed uses and the increased design requirements for buildings and sites in the Planned Development document. For example, the Cardwell Ranch PD does not allow any casinos or gaming establishments, warehouses, lumber yards, auto sales, vehicle repair shops, pawn shops, title loan shops, equipment rental shops, contractor storage yards or similar uses in the CC zone. In addition, the building and site design criteria and requirements are rigorous and go beyond the minimum standards imposed by the zoning and site development codes normally applied to commercial developments throughout the City. The proposed zoning is internally compatible and is compatible with adjacent neighborhoods and zoning. As property is sold, annexed and subdivided, improvements will be made to expand infrastructure, connect to the City's transportation network, and ensure health, safety and general welfare of the surrounding area.

Staff recommends approval and adoption of the findings of the 11 criteria for Zone Change 675.