Zoning Commission recommends approval and adoption of the findings of the ten review criteria for Zone Change 1008, a Neighborhood PND zone change type from Agriculture (A) to Mid-Century Neighborhood (N2), Neighborhood Office (NO)  and Public 1 (P1). A concurrent annexation is in progress.
 

Zone Change 1008 is a zone change request from Agriculture (A) to N2, NO, P1, using the Planned Neighborhood Development process provided in Section 27-800 of the zoning regulations. The legal description of the parcel is Parcel C, C/S 1100 Amended, a 20.58 acre parcel of land, near the intersection of Shiloh Rd. and Zoo Dr. A pre-application neighborhood meeting was held on December 15th at 6:00 p.m. virtually on Zoom. A concurrent annexation is in progress.

This zone change request is for a new neighborhood to be developed on the west side of Shiloh Road south of the intersection with Hesper Road and near the intersetion of Shiloh Road and Zoo Drive. This is a Neighborhood PND type that requires at least two "N" zone districts along with a 2% minimum of Public 1 (open space). The PND process is a new zoning tool to help guide the coordination of annexation, subdivisions, and master planning for new city neighborhoods. The previous zoning code allowed urban-type zoning districts in both the city and the county. In many cases, developers were "pre-zoning" parcels in the county prior to annexation. This new PND tool 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. The new tool applies a level of certainty to all stakeholders, including the surrounding property owners. 

This zone change is for a Neighborhood PND type and includes neighborhood residential zoning (N2), Neighborhood Office (NO) zoning and Open Space (P1) district. Initially, the developer proposed the N2 zoning on the west side of the property with the NO on the east side with a linear P1 between the zones. In consultation with staff, an updated site plan from what was originally submitted with the application has been provided which depicts the P1 open space along the BBWA canal and further provides additional access to the south and connects through streets.  The PND rules do not allow the designation of N1, N2 or N3 on an arterial street such as Shiloh Road. The NO zone does allow several uses including 1 to 4 family dwellings, live/work units, offices and some service businesses. It is not a true "mixed-use" zone in the zoning regulations because development of residential uses can be allowed without a commercial component.

APPLICATION DATA
OWNER: Shiloh Farm, LLC
AGENT:  Performance Engineering, Robert Neihart & Scott Aspenlieder
LEGAL DESCRIPTION:  Parcel C of C/S 1100, Amended
ADDRESS: Generally located west of Shiloh Road, north of the intersection of Zoo Drive and south of Hesper Road
CURRENT ZONING: Agriculture (County) - A
EXISTING LAND USE: Agriculture - vacant land
PROPOSED USE: New city neighborhood
SIZE OF PARCEL: 20.58 Acres

CONCURRENT APPLICATIONS:
Petition for Annexation  22-01

SURROUNDING ZONING AND LAND USE:
NORTH: Zoning: Agriculture (A)
Land Use: Agriculture - vacant land
SOUTH: Zoning: Agriculture (A)
Land Use:  Agriculture - vacant land
EAST: Zoning: Heavy Commercial (CX)
Land Use: Vacant Agriculture
WEST: Zoning: Agriculture (A)
Land Use: Agriculture - vacant land

This area of Billings has experienced a great deal of growth and development in the past decade. This includes three Planned Development zones, customized zoning for specific parcels, that include mixed uses, residential development and medical facilities. Housing demand has reached a high level while supply of all types of housing choices has not kept up with the demand. At least two decades ago, local planning and growth policy documents indicated a need for independent living units for aging residents who want to "downsize" from a maintenance heavy single family dwelling on a large lot to unit ownership or townhomes as well as rental apartments. The 2010 Census indicated Billings, like many other urban areas, saw a reduction in average household size to 2.3 persons. Smaller households, aging residents and the higher costs of all housing has driven the demand for apartments, townhomes, and smaller multi-family products. Developers have made robust investments in multi-family dwelling choices north of this property along the Shiloh corridor in Lenhardt Square already including the InterUrban and Interpointe Apartments, and the KWO Apartments. A new multi-family project is planned for the northern piece of Lenhardt Square. Several other multi-family developments have come on-line in the last 15 years around King Avenue West and Shiloh Road including Long Beach Apartments, Affinity at Billings (age restricted), and Hoop Dreams Apartments and condominiums. Apartments, townhomes and unit ownership housing choices are still in high demand in Billings especially in areas close to shopping, schools and recreational opportunities.

There are challenges to an area of urban development that is on the edge of the city limits. These challenges include ensuring the adjacent county property owners and uses are protected as much as possible from conflicts with the new urban neighborhood residents and uses. This is not meant to ensure similarity or homogenous development patterns between the city and county, but the development plan includes buffering, connectivity where and when needed, and recognition of similar goals for both types of property. The 2016 Billings Growth Policy and the 2001 West Billings Neighborhood Plan goals and policies support the proposed PND. 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 proposed zone change supports these goals. The 2016 Billings Growth Policy supports a broad range of housing choices, encourages more walkable neighborhoods with connectivity to other transportation options, and building the community fabric through urban designed public spaces. The proposed zone change supports these goals as well.

The applicant and agent conducted a pre-application neighborhood meeting on December 15, 2021, and there were no surrounding owners in attendance. The meeting was held in a virtual format. A summary of the meeting is included as an attachment. A PND zone change process requires notification of all owners within 1/4-mile of the subject property. The list for this zone change includes 22 owners.

As part of the PND zone change process, the applicant is also required to hold a pre-application Concept Review meeting with city staff to address any concerns with the street layout, zone districts, access, parks, utilities and similar infrastructure provisions. 

Planning staff did not receive any public comments prior to completing the staff report for the zone change.  The Zoning Commission held its public hearing on April 5, 2022. Staff gave a brief presentation and the applicant's agent Scott Aspenlieder, with Performance Engineering, concurred with staff's recommendation.  Scott said the changes on the site plan that were made just as the staff report was submitted is a result of working with staff to address some design concerns that the City Council had made regarding the PND developments. The site plan submitted indicates one permanent access granted and one gated for an emergency access only, both accesses will be a right turn in/right turn out only.  He said they were working with Montana Department of Transportation (MDT) to get approval for a second right in, right out access from Shiloh Road so it would not be limited to emergency access. He clarified this requires approval of the Transportation Commission since Shiloh is a controlled access road.  He also said the streets are proposed as private internal streets, and although they are shown on the submitted site plan, they are subject to change depending on approvals from City Engineering and MDT, as well as the overall design layout that must be approved with a Master Site Plan review.  Scott said the P1 district to the north along the canal is intended to have the walking path connect to the existing path along Shiloh Road, and the sidewalks in the development would be connected to the path as well.  The developer is working with staff to ensure connectivity to the south as those properties develop.

Commissioner Trina White asked if there was a possibility the applicant would consider acquiring the property to the south in order to develop that portion of Zoo Drive.  Scott said they had tried to negotiate purchasing a portion of the property but had not been successful. He said they had attempted to purchase part of the parcel to the south in an effort to include developing a portion of the end of Zoo Drive as part of the project, but had been unsuccessful.  If the opportunity arises in the future, the developer would be willing to negotiate a purchase again. He added there will likely be a City requirement if an application for annexation of that property is submitted in the future for dedication of ROW to extend Zoo Drive and complete the fourth leg of the roundabout at the intersection of Shiloh Road and Zoo Drive when the south property is developed. 

There were no public comments received during the public hearing. Zoning Commissioner Dan Brooks made a motion to forward a recommendation of approval to the City Council, along with the findings of the review criteria, the motion was seconded by Commissioner David Goss, and approved with a 5-0 voice vote.

The City Council may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1008; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1008; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

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

Before taking final action and a final determination, 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 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 Neighborhood PND process for the property 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." It should be noted this goal is twofold, it addresses both higher density uses and infill. Neither are exclusive to one another. This project is not an example of infill, though services are nearby. This goal is referenced solely because of its reference to encouraging uses of land that aid in building high density developments.

The proposed zoning is compatible with goals of the West Billings Neighborhood Plan. The proposed zone change and street layout will accommodate uses that are compatible in a mixed-residential environment. The proposed development will also have good access to outdoor activities and is in proximity to developing commercial activity 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, goodwill 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.

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 layout for the property will allow the higher density housing or low-impact commercial development to be located adjacent to the arterial street frontage to make the most effective use of this valuable street frontage. Developing the N2 neighborhood to the west and the NO district to the east will allow a mixture of housing types with a buffer of P1 between the two.  The NO will also allow a low impact type of commercial development along with the residential choices. 

2) Is the new zoning designed to secure from fire and other dangers?
The zoning requires minimum setbacks, open and landscaped areas and building separations. The zoning assembly and street layout is designed to secure the development from fire and other dangers.

3) Whether the new zoning will promote public health, public safety and general welfare?
Approval of the overall zoning plan and street layout will provide certainty both for the property owner and the surrounding owners. Annexation and provision of public health and safety services from the city will promote the general welfare of the area.

4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The new zoning is located along an existing MET route which services the west end of Billings.
Water and Sewer: The City will provide water and sewer to the property. There will be no significant or unexpected impacts to the system from the proposed changes. The City has anticipated growth and the impact on City infrastructure to both water and sewer.
Schools and Parks: Schools and parks may be effected by the proposed zone change and development of a new city neighborhood depending on the potential tenants. SD #2 did not provide any comments.
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. The proposal includes developing a mixture of housing opportunities with open space and park areas located throughout the project providing adequate light and air.  All new construction will align with new building and zoning codes which ensure that setbacks and proper spacing ensures light and air within the development.

6) Will the new zoning effect motorized and non-motorized transportation?
Non-motorized travel -- walking and biking -- is an essential part of the circulation plan both within the proposed development and connecting to adjacent areas. Pedestrian connections will be ensured through the development. The proposed project will have some impact on the motorized transportation system in the area as it was historically agricultural property. The developer has begun the process of coordinating with the City of Billings and MDT for completion of a traffic study to be submitted at the time of master site submittal. The development will have a positive impact on non motorized transportation as it will connect to multi-use paths along Shiloh Road.

7) Will the new zoning will promote compatible urban growth?
The proposed increase in the overall development density is compatible with urban growth and the provision of city level services to the new residents. The proposed project is similar in zoning to the surrounding proposed developments. By including medium density NO zoning along Shiloh Road and placing the N2 on the interior of the development the plan is intended to align with the desired higher density zoning along arterial streets.

8) Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed development continues the character of the district while also providing diversification in housing options. Currently, the new development in the area is primarily commercial.  When developed this parcel will add a mix of housing options to the area and add diversity to this part of Billings.

9) Will the new zoning conserve the value of buildings?
The property is an undeveloped agricultural parcel. Approval of the zone change will provide certainty to surrounding landowners and may help to maintain property values of adjacent buildings. Additionally, properties that are in the outlying county area may be more attractive with the possibility of City services as they are closer and more available due to the annexation and development of the property. 

10) Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed Neighborhood PND zone change process with N2, NO and Public 1 zoning will encourage the most appropriate use of this land in Billings. The proposed development is located on the western border of the City limits and is within the annexation area.  The proposed zoning meets the intent of the zoning code close to major intersections.