Planning staff recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1021.

This is a zone change request using the Planned Neighborhood Development zone change process for a proposed annexation of a 27.7 acre parcel located south of Bell Avenue and north of Rocky Vista Way and the Bannister Drain generally located west of Shiloh Road. The proposed Mixed Residential PND will include 14.1 acres of NX3, 2.49 acres of NX2, 2.2 acres of N1 and 1.53 acres of Public 1 (P1). 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. The new PND process is allowing 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 Mixed Residential PND and includes two types of mixed residential zoning (NX3 and NX2), an N1 zoned area adjacent to the County residences on Obie Lane and along Bell Avenue to the north. The PND zoning plan includes 5.9% of the area as open space (P1).

The applicant had submitted a similar request in 2021 that was withdrawn in February 2022, before the City Council acted on the Zoning Commission recommendation of approval (Zone Change 1004). A valid protest had been filed and there was a large volume of public comment regarding the proposed access to the property from Bell Avenue and the traffic generation from the site.

This new application is requesting the City Council approve the proposed street layout that has no connections to Bell Avenue (City public street) or Obie Lane (County public road). This would be a variance from the PND regulations at Section 27-804.C that requires connectivity to existing streets from adjoining property. The Zoning Commission and City Council may consider the merits of the requested variance. The proposal includes two full access points from Rocky Vista Way (south) and includes connections points on the west property line to allow future development of county land to the west. The proposed concept plan for the Master Site Plan (MSP) shows the dwellings on the north will face Bell Avenue, but vehicle access to these dwellings will be from the private internal street system.

Planning staff does not support the requested variance. Vehicle connectivity is a critical component of a safe and livable community. Several city and county neighborhoods have been constructed without the minimum number of public access roads and without good internal street systems. There are in some cases "emergency access" roads that are gated and may alleviate some public safety risks but provide no connection to adjacent neighborhoods. The more connections from neighborhoods out to external collector or arterial streets, the less public safety risk there might be in the future. Subdivisions such as Ironwood, Rehberg Ranch, Briarwood, Cedar Park, Bitterroot Heights, Emma Jean Heights, Logan Acres and Morningside are all examples of neighborhoods that were allowed to build with only one full access road. Some were allowed with an "emergency access" road that may or may not be useful during a public safety emergency. Some of these developed areas are expected to complete secondary full accesses at some time in the future. Regular maintenance of emergency access roads is not consistent or reliable. Connecting streets from one neighborhood to another is also an important component for walk-ability and resiliency of neighborhoods as they grow and change over time. Vehicle access between city-maintained streets and roads maintained in the county takes some coordination between the jurisdictions for both making the design connections and also managing maintenance, but this may be managed between the jurisdictions. For example, in Emma Jean Heights, Columbine Drive connects to a county road of the same name but has a barrier in place at the connection point. This is only a temporary "road closed" sign, not a permanent fixture. The road could be opened in the future.


APPLICATION DATA
OWNER: Dorn Property and Homes, Rick Dorn
AGENT: Sanderson Stewart, John Halverson and Rick Leuthold
LEGAL DESCRIPTION: Tracts 1 & 2 of C/S 2828 and the adjacent Bannister Drain right of way
CURRENT ZONING: Agriculture (A)
EXISTING LAND USE: Agriculture 
PROPOSED USE: Mixed Residential development with 1-2 family dwellings as well as multifamily residences
SIZE OF PARCEL: 27.7 acres

CONCURRENT APPLICATIONS:
Petition for Annexation

SURROUNDING ZONING AND LAND USE:

The applicant conducted a pre-application neighborhood meeting on October 25, 2022, at the King of Glory Church located at 4125 Grand Avenue. Twenty-seven persons attended the meeting including the applicants, Rick Leuthold and John Halverson from Sanderson Stewart, agent for the applicant. The required notification area for all new PND zone changes is 1/4-mile from the property boundary. In this case, over 180 individual property owners and interested parties were notified of the pending zoning application. The summary of the meeting is included in the attachments. In general, the questions from the surrounding owners included interest in the number of new dwelling units. The applicants estimated at the time of the pre-application meeting about 550 units might be built. Attendees asked about the traffic impacts and access to surrounding existing streets. The agents stated they would seek a variance from the requirement to connect to existing streets and a full traffic impact study would be based on whether the requested variances are approved or not approved. A preliminary traffic study was done on the prior zone change proposal that included two vehicle connections to Bell Avenue. In response to a question about management of the development, the agents stated this would be under one management company.

The applicant attended the West End Task Force meeting on November 15, 2022, at the Community Connections Church at 5556 Grand Avenue. Meeting notes from this meeting are also included. A third public meeting was held at Riverfront Park on November 22, 2022, at 10:30 am. Notes from this "public event" are also included.

Planning staff did not receive any written comments or phone calls from the surrounding owners prior to preparing this staff report and recommendation. City staff and departments had no negative comments on the proposed annexation and zoning plan except for the requested variance from connecting existing streets to this development. City staff does not support the variance. At least one vehicle connection should be made to Bell Avenue and a connection to Obie Lane, a County public road at this time, should be developed.

The Zoning Commission may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1021; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1021; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.
• Recommend approval of the requested variance from Sec. 27-804.C - Connectivity for Planned Neighborhood Developments.
• Recommend denial of the requested variance from Sec. 27-804.C - Connectivity for Planned Neighborhood Developments.

In case of a tie vote on either the zone change or the requested variance, the application will be delayed for 30 days until the next Zoning Commission meeting. The Zoning Commission must forward a recommendation with findings to the City Council.

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

Before making a recommendation to the City Council, the Zoning Commission 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 Mixed Residential Planned Neighborhood Development 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."

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-use environment. The proposed development will also have good access to outdoor activities and is in proximity to commercial centers and transportation options.

The applicant has requested a variance from the requirement to connect the new streets to existing adjacent streets. This requirement is found in Section 27-804.C of the PND regulations: The 2021 application for this new neighborhood included two connections to Bell Avenue, one connection to the south to Rocky Vista Way (formerly Monad Rd), a pedestrian connection to Obie Lane, and a new north/south road along the western property line. The applicant has re-designed the proposed development to eliminate vehicle access to Bell Avenue and Obie Lane, have one pedestrian access to Bell Avenue, two vehicle access points to Rocky Vista Way, and two potential access points to the west. While connections to the west and south are maintained, no vehicle connections are proposed to the east or the north. City staff is opposing the proposed variance as it limits the city's ability to plan for growth of well-connected neighborhoods, decreasing public safety, hampering future extension of city utilities and private utilities and decreasing resiliency in new neighborhoods.

The proposed zone change is 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 streetlights, 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 layout for the property will allow the higher density housing to be located internal to the property and the dwellings adjacent to the County development to the east will be similar. The dwellings on the Bell Avenue frontage will be similar to the two-unit dwellings in the Twin Pines development to the north. The layout of the parkland will provide a central park area for the new residents and two smaller parks on the northeast and southeast corners of the property. There is a linear area along the eastern property line to handle stormwater infiltration and provide open space.

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 is designed to secure the development from fire and other dangers. City staff does not support the variance from the connectivity requirement especially no vehicle access to the north. Staff believes this connection will help secure the development from fire and other dangers. A right-of-way connection to the east (Obie Lane) will also help provide security from fire if a future annexation requires installation of water lines.

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 change. This finding is proposed with the caveat it does not include the variance from the connectivity requirement. Approval of the overall zoning plan 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 applicant has started the process of developing a traffic impact study and will coordinate with the City Engineering Division. The applicant has proposed a variance to allow no vehicle connections to the north or east to established streets. These two streets are local streets and are not shown on any official transportation planning map for future extensions. The future transportation map only includes collector streets and arterial streets. A mid-section collector street (44th St West) is intended to come south from Central Avenue. This mid-section street is further west from this development. Bell Avenue could extend further west to meet this collector street in the future. Disconnecting this neighborhood from existing neighborhoods to the north and east places unequal traffic volume and demand on street systems to the south and west. In addition, it hampers the future ability of the city to make connections to the north and east as the city grows.
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 changes.
Schools and Parks: Schools and parks may be effected by the proposed zone change and development of a new city neighborhood. 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.

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 including the multi-use trail on Shiloh Road, the trail systems under construction and development in Lenhardt Square and St. Vincent's Healthcare development to the south and to the nearby Shiloh Conservation Area Trail system south of King avenue West. Pedestrian connections to the north will be ensured through the development, and the property is close to a fixed route MET bus line. The applicant is proposing no pedestrian connection to the existing neighborhood to the east. This is disruption to normal foot, vehicle and public safety traffic between neighborhoods. A person in the new neighborhood may have to walk 3/4 of a mile to visit a neighbor who lives behind their back fence on Obie Lane. This is a poor neighborhood design, and city staff does not support this variance from the connectivity requirement. Traffic counts in the area on King Ave West are well below the expected volume on a principal arterial street. King Avenue West has an average daily traffic volume of 11,390 vehicles per day at this location, less than Rimrock Road at 17th St West. Shiloh Road just south of the Central Avenue intersection is about 16,300 vehicle trips per day. In comparison, 24th St West at Central Avenue handles almost 30,000 vehicle trips per day. Most local streets average about 2,500 vehicles per day. As development increases in the area, these three 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 manages Shiloh Road and Central Avenue.

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 zone district boundaries are consistent with the urban growth in this area and will be compatible with the surrounding neighborhoods

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 King Avenue West and Central Avenue is undergoing rapid urban development and growth. Demand for new housing choices including townhomes and apartments is increasing. Providing a wide range of housing choices is suitable for this area.

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.

10) Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed Mixed Residential Neighborhood with N1, NX2, NX3 and Public 1 zoning will encourage the most appropriate use of this land in Billings.