This is a zone change request for property generally located at 4240 Central Avenue from Agriculture-Open Space (A-1), a county zoning district, to Residential 7,000 (R-70) on Tract 3 of C/S 1648, a total area of 15.107 acres of land. A concurrent annexation petition has been submitted. The Council will act on the annexation prior to considering the requested zone change. A pre-application neighborhood meeting was held on September 26, 2016, at the offices of Sanderson Stewart, 1300 N. Transtech Way. The City Zoning Commission held a public hearing on November 1, 2016, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 5-0 vote.

Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another type of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district.
 

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission;
• Deny the zone change and adopt different findings of the 10 criteria;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

The Planning Division reviewed the application and recommended approval to the Zoning Commission based on the proposed findings of the 10 criteria. The Zoning Commission concurred with the recommendation.


The 2016 Growth Policy for the City supports the proposed zoning at this location and supports the 2016 Growth Policy statement: "The city will manage its growth by encouraging development within and adjacent to the existing City limits, but preference will be given to areas where City infrastructure exists or can be extended within a fiscally constrained budget and with consideration given to increased tax revenue from development. The City will prosper with strong neighborhoods with their own unique character that are clean, safe, and provide a choice of housing and transportation options." Guidelines were also adopted to support this statement including supporting mobility and access, safe neighborhoods, availability of housing options, attractive street-scapes and access to daily necessities. The proposed zoning will allow a variety of housing choices, is adjacent to the existing City limits, and is close to an area with access to transportation options including bus service and bicycle paths. The proposed zoning is identical to the adjacent zoning of property annexed in 2002 for the Legends West Subdivision.

Prior to making a decision on the requested zone change, the City Council shall consider the following:
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:

• Home Base: A mix of housing types that meet the needs of a diverse population is important.

The proposed zoning would allow this developer to offer single family and two family dwellings in either a unit ownership development or in a traditional subdivision.  

• 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

The proposed zoning will allow a progression of development in this area and will connect to neighborhood services, public gathering spaces and open space.

• Strong Neighborhoods: Implementation of the Infill Policy is important to encourage development of underutilized properties

The property is currently outside the city limits but is within the limits of annexation. The proposed zoning of the property is a more efficient use of property for the extension of city services, and supports a variety of housing choices.

• Strong Neighborhoods: Public safety and emergency service response are critical to the well-being of Billings’ residents and businesses

The proposed zoning and annexation is directly adjacent to the existing city limits where city public safety services are already provided. This incremental expansion will allow these services to be extended with limited impact to its current capacity.  

• Home Base: Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe

The proposed zoning and development will allow the opportunity to provide affordable housing choices in a high-demand area of West Billings.

• Mobility and Access: Connecting people to places with transportation choices is vital to the well-being of Billings’ residents, businesses and visitors

The proposed zoning and development are within ¼-mile of the Shiloh Road Corridor that provides a continuous and connect bike trail, access to public transit as well as transportation by private vehicle in and around the city of Billings.

• Prosperity: Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers

The proposed zoning and development will provide an incremental expansion of the City, at a more efficient density. This will encourage and stabilize the cost of services in this area and will allow the city to set predictable and reasonable rates for taxes and assessments city-wide.
 
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.
 
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 zoning. The existing parcel is outside the city limits and used for irrigated farmland. New infrastructure for roads, utilities and sidewalks will need to be installed prior to building the proposed dwellings. The proposed zoning would allow the developer to market these housing units to a broad range of buyers.
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:The proposed zoning and subsequent development will require a traffic study prior to development. The study will identify the required improvements to the surrounding transportation systems.

Water and Sewer:The City will provide water and sewer to the property. The developer will be responsible for the installation of these improvements. There will be no additional impacts to the system from the proposed zoning.   

Schools and Parks: Schools and parks may be significantly affected by the proposed zone change. Eighty to ninety additional dwelling units will add students to schools depending on the market for these new homes. Recent new school facilities should be able to absorb these new students. There are no public parks within the general area of the subject property with the exception of the neighborhood park dedicated for the Shiloh Estates Subdivision. The Shiloh Estates Park is essentially undeveloped except for 3 trail connections between the dead-end of Wells Place and Shiloh Road bikeway. Emmanuel Baptist Church to the south maintains a baseball field and a playground. The closest semi-developed city park is Centennial Park more than 1 mile from the subject property.

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?
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?
The new zoning will have an impact on vehicle and pedestrian traffic. The City Engineering Division will determine the required street, utility and sidewalk improvements required for the development of these lots based on a traffic study prepared when a development plan has been finalized. At the maximum proposed development of 90 dwelling units, this could add up to 900+ new vehicle trips to the surrounding streets. Safe pedestrian access to and from the development will need to be developed. It is likely most pedestrian access out of the development will occur to the south along Bell Avenue and to the north along Central Avenue. While there is no sidewalk from Shiloh Road along the frontage of the first property to the west, there is sidewalk in place along Central Avenue in front of Legends West directly west of the subject property and so sidewalk will be constructed along Central on the frontage of the subject property as well. The costs of these improvements will be the responsibility of the developer.
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow a greater variety of housing choices in this growing area of West Billings.
 
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. The proposed zoning is identical to the zoning in the adjacent city subdivision and the homes will likely be similar in style.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently un-developed. The value of existing buildings should not be affected by the proposed zoning and development.  
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow a more efficient density of development so extension of city services will be effective. The arterial street frontage will allow ready vehicle access to and from the new development without impacting adjacent land uses.

The proposed annexation and zoning of this 15.107 acre parcel of land will increase the city's tax base. Services will be provided when development occurs and residences are constructed. Prior to development, the city will ensure the proposed development meets the standards for all city developments.

This is a zone change request submitted concurrently with a petition to annex the property to the City. The current owner has a potential buyer for the property, Marsich Investments, LLC. The buyer intends to develop the property as either a unit ownership or by a traditional subdivision with single family and two-family dwellings. The proposed zoning of R-70 would allow up to 8 dwelling units per acre of land. The property will need to dedicate additional right of way for Central Avenue and for Bell Avenue to the south. This will reduce the total area of the land available for development. The proposed number of new dwelling units ranges from 80 to 90 residences but this will depend on the final design of the site after annexation and zoning is complete.

This certificate of survey was originally zoned A-1 by the County in 1973. Tract 2 was annexed and zoned R-70 in 2002 and is now the Legends West Subdivision directly east of the subject property. Tract 4 was rezoned from A-1 to A-S in the County and is now Bell Estates, a County subdivision south and east of the subject property. Tract 1 of this survey was annexed in 2006 and zoned R-96. A special review was subsequently approved for an assisted and independent living center now called Morning Star. This property is located about 800 feet east of the subject property close to the intersection of Central Avenue and Shiloh Road. This property is within the limits of annexation for the City but is adjacent to agricultural zoning and uses to the west and south. It adjoins the City limits to the east (Legends West Subdivision) and is south of the Wells Garden Estates, a County subdivision north of Central Avenue. The limits of annexation only extends to the west a short distance from the subject property to the midsection line or what would be S. 44th St West. There have been several annexations and zone changes in the immediate area during the past decade and these include the St. Vincent's Health Care property at King Ave. West and Shiloh Road, Lenhardt Square at S. 44th St. West and King Avenue West, Emmanuel Baptist Church at 328 S. Shiloh Road, and the Billings Clinic property at Broadwater Avenue and Shiloh Road.

Property to the north across Central Avenue is in the County, zoned Residential 15,000, and is the Shiloh Estates Subdivision. Most of the lots in this subdivision are 1 acre and have wells and septic systems for each lot. Most homes in the subdivision were constructed between the mid-1970s and the mid-1980s. To the north and east at the corner of Shiloh Road and Central Avenue is a convenience store and gas station. This development was originally constructed outside the City limits but was recently annexed to provide public services to the property. On the southwest corner of Shiloh Road and Central Avenue is the former Cetrone Photography Studio which suffered a catastrophic fire in July 2016. The property is zoned Neighborhood Commercial (NC), but is not yet annexed to the City. To the south and west of the subject property is active agricultural land that is irrigated. In 2012, an unsuccessful zone change was submitted for a 13.3 acre property south of Bell Avenue and west of Bell Estates. The zone change was to change this parcel from A-1 to RMF-R and was accompanied by an annexation petition. Both applications were withdrawn in May 2012.

Central Avenue is a principal arterial street and recent traffic count data for this section west of Shiloh Road shows an average daily traffic of 4,710 vehicles. This is well below what a principal arterial street is expected to carry,but Central Avenue also is not built to arterial street standards at this location. It is still a two-lane road with some graveled shoulder areas. The posted speed limit is 45 mph on this section of Central Avenue. The speed limit increases to 55 mph past 48th St, West. The recently completed West End Multi-Modal Traffic Study indicated road and intersection improvements will be necessary during the next 20 years for Central Avenue beyond Shiloh Road. This study was based on existing and predicted traffic increases and includes improvement both inside and outside the City limits. No improvement projects for Central Avenue beyond Shiloh Road are planned at this time.
 

The Zoning Commission conducted a public hearing on November 1, 2016, and received the staff report and recommendation and testimony from the applicant's agent, Bryan Alexander of Sanderson Stewart. The Zoning Commission also received testimony from Ed Hofman, a property owner at 4246 Central Avenue. Mr. Hofman's testimony was in opposition to the zone change. Mr. Hofman testified he was not notified of the pre-application neighborhood meeting but did receive notice of the public hearing. He testified the engineering firm that was doing soil testing on the site, accessed the property through his driveway, damaged his fields, and no one from the firm contacted Mr. Hofman concerning access across his property. Mr. Alexander apologized to Mr. Hofman and stated he was not aware that Rimrock Engineering, the soil testing company, had trespassed across his land. Mr. Alexander, Mr. Marsich and Mr. Hofman stated they would meet after the hearing to discuss their development plan in detail and resolve the trespassing problem. Mr. Hofman stated he would not oppose the zone change as long as the applicant and agent let him know the details of their development plan and the issue of access was reasonably resolved.

The Zoning Commission closed the public hearing. Commission Member Michael Larson made a motion to recommend approval and adoption of the findings of the 10 criteria. The motion was seconded by Commission Member Mike Boyett. Commission Chairman Dan Wagner urged the applicant and his agent to meet with Mr. Hofman at their earliest convenience. Commission Member Dennis Ulvestad stated he would vote in favor of the motion despite the missteps by the applicant and his agents. He also asked Mr. Alexander to meet with Mr. Hofman as soon as possible. The Commission voted 5-0, in favor of the motion.

The Consistency with Adopted Policies or Plans is discussed in the Alternatives Analyzed section above.