City Zone Change 986 – 3340 Sagegrass Dr. & 1310 30^th St. W – Cardwell Ranch PD Amendment - A Planned Development zone change request to amend the Master Plan Map to move Lot 15A, Block 2, from Planning Area 1 (Commercial) to Planning Area 2 (Commercial or Multi-family), and amend the text of the Planned Development Agreement to eliminate the additional special review requirements (Article IV.B & D). Lot 4A and 15A, Block 2, new Planning Area 2, will comprise a 10.051 acre parcel of land. A pre-application neighborhood meeting was held on September 1, 2020, at 3100 Meadow View Dr. Presented by Nicole Cromwell, Zoning Coordinator

Planning staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 986.

OWNER: Yegen Grand Avenue Farm, Inc
AGENT: Charles G. Yegen
LEGAL DESCRIPTION: Lots 4A and 15A, Block 2 Cardwell Ranch Subdivision 1st Filing
ADDRESS: 3340 Sagegrass Dr (4A) and 1310 30th St West (15A)
CURRENT ZONING: PD
EXISTING LAND USE: Vacant and Agriculture
PROPOSED USE: Same with potential for additional multi-family developments
SIZE OF PARCEL: 10.051 acres (lot 4A & 15A)

None.

SUBJECT PROPERTY	Zone Change #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
Cardwell Ranch	848	10/14/2008	A-1 to PD-CC & PD-RMF	Y	Annexation & Zone Change
SURROUNDING PROPERTY	Zone Change #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
Zimmerman Home Place	675 (County)	8/2/2016	A-1 to CC, NC, RP, Public, RMF-R, R-50, R-70 and R-96	Y	CC & NC parcels annexed for Town Pump development 3411 Grand Ave
E.D. King Sub	782	7/10/2006	A-1 to CC	Y	Country Meadow Apts 1997
1501 Zimmerman Trail	807	7/9/2007	R-60-R to CC & RP	Y	Ace Hardware & Offices
3737 Grand Ave	779	6/26/2006	RP to NC	Y	Multi-tenant office/retail
1500 Golden Blvd	572	2/28/1994	A-1 to RMF	Y	Carriage Homes 1997
3155 Avenue C	413	10/25/1983	R-96 to RMF-R	Y	Aspen Meadows 2005
2291 Avenue C	68	8/26/1974	PD to R-60	Y	Rosepark Plaza Apts 1981

NORTH:	Zoning: CC & RP Land Use: Walgreen's, Offices, A-1 Storage, Grand Lumber, First Interstate Bank, Billings Hardware, Albertson's
SOUTH:	Zoning: Public & A-1 Land Use: Will James Middle School, Yegen Golf Club
EAST:	Zoning: CC & R-96 Land Use: Multi-tenant retail, church and single family dwellings
WEST:	Zoning: A-1 Land Use: Yegen Golf Club, Grand Avenue Farms

This is a zone change request to amend the existing Planned Development (PD) zone for Cardwell Ranch on Zimmerman Trail and Grand Avenue. The intent of the amendment is to expand the existing Planning Area 2 to include Lot 15A, Block 2 and to remove the additional special review uses from the list of allowed uses within Planning Area 1 and Area 2. When the PD document was originally drafted over 12 years ago, the owner wanted to ensure that most of the land would develop for commercial uses and limited the potential multi-family development to just one area. Cardwell Ranch has two significant developments in the past decade - the Frontier Cancer Center and the City Brew/City Vineyard directly west of the Cancer Center. The owner now wants to open up the development possibilities on the property to allow more area for potential multi-family or mixed use developments, and remove the additional special reviews originally written into the zoning. The underlying zoning of CC would still govern when a special review would be triggered for a new development - e.g. restaurants with alcohol service, but the PD would not require any additional special reviews beyond the standard CC zone district. All other provisions in the existing PD would remain in place and the owner will retain site development approval in addition to any permits issued by the city.

The subject property is in a developing commercial node on Grand Avenue and Zimmerman Trail, two principal arterial streets. Both Grand Avenue and Zimmerman Trail handle and average of over 15,000 vehicle trips per day. Arterial streets are intended to handle this amount of traffic. The city intends to install a traffic signal at Grand Avenue and 32nd Street West in the near future and this should help with some of the turning movements from local streets on to Grand Avenue. Currently, Grand has traffic signals at Zimmerman Trail (34th St W), Rehberg Lane (30th St W) and 24th St West. Traffic flow does not have enough breaks for safe turning onto Grand Avenue from stop sign controlled intersections with this level of traffic flow control. The additional signal should help those entering and leaving Cardwell Ranch do so in a safe manner.

Planning staff has reviewed the application, conducted the Preliminary Review Meeting with the applicant, staff and surrounding owners, and is recommending approval based on the findings of the 10 review criteria. A surrounding owner at 2942 Grand Avenue, Cynthia Del Priori, attended the Preliminary review meeting to discuss the specifics of the PD amendments. She expressed concern with the potential for further school traffic conflicts (Lot 15A), and buildings that might be out of scale or not in the same character or style of the neighborhood. Mr. Yegen stated there is no prospective buyer at this time, and all covenants and restrictions are staying in place and will be enforced by the Yegen family as developments are proposed. Mr. Yegen stated the intent was not to build out of character with the area and it was his hope the new traffic signal would also help out with the school traffic. The owner would like to allow uses without the additional burden of a special review, when those uses appear to fit well with the other intended uses in the PD. For example, the existing PD now requires a special review for churches, a car wash, or auto parts store although these uses are all allowed uses within the underlying CC zone district. This has placed this property at a disadvantage compared to other property in the area.

The current PD only allows multi-family uses by special review approval in Planning Area 2, and by right in Planning Area 3. The size and location of these lots limits the market for these uses in the Cardwell Ranch PD. The proposed change would allow multi-family or mixed use projects by right in Planning Area 2, expand Planning Area 2 to include Lot 15A, and remove the extraneous special review designated uses. This zone change is supported by the 2001 West Billings Neighborhood Plan, the 2016 Growth Policy and the 2011 City Infill Policy. The change will increase the opportunity for development on these annexed parcels of land. 

Before making its recommendation to the City Council, the Zoning Commission shall consider the findings of the 10 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 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-CC 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 more housing choices in Billings including apartments and townhomes. 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:
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, good will and social interaction
• Safe and livable neighborhoods can be achieved through subdivision design that focuses on complete streets, pedestrian-scale street lights, 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 change to the PD agreement will expand the area allowed for multi-family development and even mixed-uses where neighborhood service businesses are paired with apartments without the added regulatory burden of a special review process. In the commercial zone districts in Billings, multi-family uses are allowed by right. The special review requirement in this PD zone puts this property at a market disadvantage compared to surrounding property.

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 Planning Area 2 to be expanded to included Lot 15A, and remove the additional special review requirements from the list of uses. The general welfare will be promoted by allowing development of land already annexed to the city with all services available. The proposed changes 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. All of the infrastructure for a new traffic signal at 32nd St W and Grand Avenue was installed underground when Cardwell Ranch Subdivision was approved. A change from all commercial to multi-family should actually reduce the predicted number of vehicle trips to and from the property.
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 may be effected by the proposed amendment but no specific comments were received from School District #2. Allowing additional residential uses will likely increase the future student population for attendance in School District #2.
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 was prepared by the applicant for the city when the subdivision was approved. The developer has implemented 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 Zimmerman Trail, Broadwater Avenue and the Shiloh Rd bikepath. The PD Agreement has specific requirements in Articles VI and VII regarding landscaping and parks for Cardwell Ranch developments. These include parking lot landscaping, parking lot interior landscaping, screening of mechanical equipment and development of plazas, parks, trails and parkways within the subdivision. City streets, sidewalks and a traffic circle are already installed for Lot 15A, and will be installed when Lot 4A is developed.

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 more residential uses within the Cardwell Ranch subdivision and will help support additional commercial businesses in the subdivision.

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 Grand and Broadwater is an area undergoing 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.

Planning staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 986.