A zone change request to amend the Planned Development Agreement (PDA) for Western Sky Subdivision, more specifically the underlying Neighborhood Commercial (NC) allowed uses to include certain light manufacturing, ancillary warehousing and preparation facilities. The amendment also clarifies offices and manufacturing facilities shall conform to the setbacks in the Billings zoning code for all NC zone districts, however, any ancillary warehouse facilities shall be set back a minimum of 40 feet from the front property line along King Avenue West. Mini storage facilities will continue to be set back a minimum of 150 feet from the King Avenue West property line. The amendment includes an allowance for a 45-foot building height limit in the NC zone district. The amendment applies to Lots 2 and 3, Block 1, Western Sky Subdivision Amended, a 9.128 acre parcel of land. A pre-application neighborhood meeting was held on November 25, 2019, at the offices of Sanderson Stewart, 1300 N. Transtech Way.

Zone Change applications are reviewed using statutory criteria (MCA, 76-2-304 and BMCC, 27-1502.d) 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 (MCA, 76-2-302 and BMCC, 27-301).

APPLICATION DATA AGENT: Sanderson Stewart - Rick Leuthold, P.E. and Bill Morgan, P.E.
LEGAL DESCRIPTION:  Lots 2 and 3, Block 1, Western Sky Subdivision amended
ADDRESS: 4600 Block of King Ave West - Crescent Street (internal street)
CURRENT ZONING: Planned Development - Neighborhood Commercial
EXISTING LAND USE: Vacant
PROPOSED USE: Coffee roasting and warehouse (Lot 2), personal storage warehouses (Lot 3)
SIZE OF PARCEL: 9.128 acres

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria.
• 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.

Prior to making a decision on the proposed zone change, the City Council shall consider the findings of the 10 review criteria as recommended by the Zoning Commission.

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 zone change 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 adjustments to the PD-NC zone is compatible with goals of the West Billings Neighborhood Plan. The proposed amendment will accommodate uses that are compatible in a mixed-use environment and will fulfill a growing market for locally produced retail goods. The proposed development will also have good access to outdoor activities and is in close proximity to commercial centers and transportation options.
The proposed amendment is also in line with the adopted 2016 Growth Policy goals for:
Prosperity:
1) A diversity of available jobs can ensure a strong Billings’ economy
2) Successful businesses that provide local jobs benefit the community
3) Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses
4) Retaining and supporting existing businesses helps sustain a healthy economy
5) Continued workforce training benefits the community and helps attract and retain businesses
The proposed zoning would accommodate a growing business and retail market for locally produced retail goods including crafted foods. These types of businesses are sustainable and will help create and stabilize the economic base for Billings. Along with the proposed inter-connected system of trails and paths in Western Sky, the diverse housing choices and other commercial service options, Western Sky will help create a solid neighborhood in this area of West Billings. The concept development plan includes cottage court residential areas, a clubhouse and outdoor area, trail connections to the Shiloh Conservation Area and will be compatible with the intended development to the west. The proposed landscaping and streetscape will ensure the livability of this neighborhood.

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 proposed amendment will allow a limited number of additional uses in the underlying NC zone that will be compatible with the adjacent residential and planned commercial uses.

4. Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed amendment will not have a measurable effect on the transportation system. The city has reviewed a traffic study for the entire subdivision and proposed uses. The developer will be implementing the required mitigation and traffic improvements stipulated by engineering. City Engineering has required the developer to ensure the proposed use will not change the current findings of the traffic analysis.
Water and Sewer: The City will provide water and sewer to the property. There will be no additional impacts to the system from the proposed zoning.
Schools and Parks: Schools and parks will not be effected by the proposed amendment.
Fire and Police: The subject property is 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 traffic study prepared by the applicant for the city has been approved and the developer will implement the recommendations of the study. Non-motorized travel – walking and biking – is an essential part of the circulation plan both within the proposed development and connecting to adjacent areas including Hogan’s Slough, Hoop Dreams development to the north and the Shiloh Conservation Area Trail system to the east. The Subdivision Improvement Agreement (SIA) for this new subdivision has conditions for trail and sidewalk improvements as well as pedestrian safety measures. Traffic counts in the area on King Ave West and 48th St West are well below the expected volume on a principal arterial street. King Avenue West has an average daily traffic volume of 8,010 vehicles per day at this location, less than Poly Drive at 13th Street West. 48th Street West is less than most local streets with about 860 vehicles per day. As development increases in the area, these 2 arterial streets will need to build in additional controls, management facilities and safety features. MDT retains jurisdiction over the management of King Avenue West and the City will manage 48th St West where it has been annexed to the City. The accepted traffic analysis includes contributions to improvements as well as improvement required as development phases are initiated.

7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatible urban growth in this area. The proposed amendment will allow limited crafting and manufacturing in a small area of the proposed development. This will accommodate and support local job creation and will be scaled to be compatible with the surrounding neighborhood.

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 Shiloh Road and 48th St. West is an area undergoing rapid growth and development. The proposed amendment will allow this area to support additional businesses and jobs close to where people live. The property is suitable for the proposed use given its location in the area.

9. Will the new zoning conserve the value of buildings?
The property is currently undeveloped. Approval of the zone change will provide more certainty to surrounding land owners and may help to stabilize property values of adjacent buildings.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning may encourage the most appropriate use of this land in Billings. This specific location and use is appropriate.

Approval of this application will have no direct financial impact on the Planning Division budget.

This is a zone change request to allow a modification to the existing Western Sky Planned Development zoning to add some uses to the underlying Neighborhood Commercial (NC) zone (Lots 2 & 3 of Block 1), allow an increase from a maximum building height of 34 feet to allow 45 feet, and to allow ancillary warehouses for primary uses to be setback 40 feet from King Avenue West while keeping the required 150-foot setback for personal storage warehousing. The proposed amendment to the zoning is to accommodate the pending sale of Lot 2 to a coffee roasting company. The developers have included a concept drawing of the proposed facility.

Planned Development zoning is a customized zone district developed and applied to specific properties. The PD zone is a recorded document that includes a master plan of the zone districts and the specific requirements for each district. In addition, the developer often includes enforceable and specialized regulations for landscaping, trails and parks, screening and buffering of uses to mitigate potential conflicts. Several PD zone districts exist in the immediate area including Lenhardt Square (2008) north of King Avenue West, St Vincent's Health Care at King Ave West and Shiloh Road (2004 and updated 2015), Olympic Park on the northeast corner of King Avenue West and Shiloh Road (1981) and Golden Meadows at King Avenue West and 32nd St West (1978). Currently, the City of Billings administers 41 Planned Development zone districts.

Minor adjustments to approved Planned Developments can be administratively approved for issues such as slight increases in density or reductions in open space. Minor adjustments cannot add uses, increase height limits or decrease setbacks. These changes require a zone change application and approval. All zone changes, including Planned Development zone changes, must have findings of the 10 review criteria that support the proposed change including whether the zoning is conforming to the adopted growth policy, allows for adequate and efficient provision of city services, and is generally compatible with the surrounding land uses and districts.

Planning staff conducted a Preliminary Review meeting as required for any Planned Development zone change. The surrounding property owners and city staff are invited to the meeting to discuss the specifics of the proposed zoning and if concerns or conflicts are identified how the developer may adjust the zoning to eliminate or mitigate the issues. No surrounding property owners attended the review meeting and Planning staff did not receive communication from any owner prior to the meeting. City Engineering provided comment prior to the meeting to request the developer review its current traffic analysis to ensure it included information relevant to the proposed use. No other comments from city staff were received.

Planning staff reviewed the proposed amendment and recommended approval to the Zoning Commission based of the findings of the 10 review criteria. The Zoning Commission concurred with the staff recommendation. The developer has proposed language that is general enough to accommodate the potential coffee roaster as well as other custom or craft-made retail goods such as pottery, artwork, clothing, candy and bakery products. A growing market exists for locally produced retail goods and the proposed amendment will accommodate some of these uses in a small portion (9.1 acres) of the 64-acre Western Sky Planned Development. The current building height limit of 34 feet does not easily or always accommodate the proposed uses so the amendment includes a proposed height limit of 45 feet. The underlying Community Commercial zoning on Lot 1 to the west is also 45 feet so this building height increase is compatible and will not be out-of-place when the adjacent lot is developed. Many custom or crafted retail goods require some amount of warehousing but the current Planned Development agreement requires all warehousing to be setback at least 150 feet from King Avenue West. The proposed amendment allows ancillary warehousing with a primary use to be setback 40 feet from King Avenue West while keeping the 150-foot setback for personal storage warehousing. The proposed amendment allows some flexibility within the existing PD without burdening adjacent property or introducing incompatible uses to the underlying zoning. The PD will keep the other features of the zone district intact and these uses and recreational facilities will not be detrimentally affected.
 

The Zoning Commission held a public hearing on January 7, 2020 and received the staff report and testimony from the applicant's agent, Bill Morgan of Sanderson Stewart. No other testimony was received. The Zoning Commission considered the recommendation and voted 3-0 to recommend approval of the zone change to the City Council.

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