• The City Zoning Commission recommended approval and adoption of the proposed findings of the 10 criteria for Zone Change 1019 to the City Council.
• The Planning Division has received a valid protest against the zone change. A valid protest requires a 2/3 majority vote of the Council to approve the zone change.
• The City Council held a public hearing on November 28th, 2022. The council failed to approve the zone change. No second reading was scheduled. 
• On December 12, 2022, the City Council voted to reconsider the item at a future meeting.

Staff Recommends the City Council reconsider the motion previously considered from Council: A motion to approve ZC 1019 and adoption of the 10 criteria. During the reconsideration the following may occur:

• A council member may amend the motion on the table or make a substitute motion. 
• The available motions are:
  • a) a motion to deny;
  • b) a motion to delay for not more than 30 days; and
  • c) a motion to allow the applicant to withdraw their application. 
  • d) the City Council may choose to send the matter back to the Zoning Commission, giving the applicant the opportunity to amend the application without further delay. This is an option outside of code, but would satisfy any due process concerns as well as provide for a new protest period and public hearings with additional public notice.

This is a zone change request from Neighborhood Office (NO) to Corridor Mixed Use 1 (CMU1) to allow a wider range of uses and multi-story structures on two lots in the Zimmerman Home Place Subdivision (3rd Filing). The lots are generally located between the intersections of Zimmerman Trail, Avenue E and Colton Boulevard, and are just north of the Children's Clinic medical office at 3401 Avenue E.

Prior to the adoption of the new zoning code, the city and county regularly zoned property on arterial street frontages with low density residential or low-intensity commercial zones such as Residential Professional (RP). The new zoning for the city requires different choices for arterial street frontages including mixed use districts or mixed residential districts. This is to ensure that neighborhoods are places in areas away from traffic noise, and do not need to "wall off" the neighborhood from the adjoining street. In the code update in 2021, the corollary zone for RP was Neighborhood Office (NO) and parcels that were vacant at the time of the update, went from RP to NO.  Neither the RP zone or the NO zone are appropriate for such a large area like the subject property on an arterial street. The district description for NO includes this language: "The NO district is intended to accommodate office and office/residential uses on neighborhood corridors and internal neighborhood locations where other commercial uses are inappropriate. This district is meant to be highly walkable and accessible to pedestrians and to fit well with the context of adjacent neighborhood residential buildings, when located on corners or block ends." (BMCC 27-402) The lots to the north and south of the subject property do meet the district descriptions for a NO zone being at street intersections at entrances to the neighborhood, and those lots are not included in the zone change. Also, CMU1 is very different than the old Community Commercial district with improved site and form requirements, a mix of uses but also a more limited set of uses that fit better on arterial streets even in a mixed use neighborhood.

The proposed zoning of CMU1 is intended to allow a commercial mixed-use building or buildings for these two lots. The CMU1 zone allows a wide variety of retail, services as well as offices and upper-story residential apartments. The property owner is developing several hundred apartments on a lot to the west - zoned Mixed Residential 3 (NX3). The zone change would allow this owner to provide walkable access to businesses and services for this new neighborhood. Currently, all retail-type business are located about 3/4-mile to the southeast or southwest. Walkable neighborhoods usually have retail services 1/2-mile or less from the residential area - even if it is just a corner store, a coffee shop or similar business. 

There is a variety of zone districts in the area including the Mixed Residential 3 (NX3) to the west, NO north and south of the subject property, and Suburban Neighborhood Residential (N3) east across Zimmerman Trail, a Principal Arterial street. The homes in the N3 zone do not take frontage from Zimmerman Trail and are behind some landscaping and a sight-obscuring fence that runs parallel to the street. Most of these patio homes and townhomes were built on private streets in the late 1990s and early 2000s. Most are single story, single family homes. 

Zimmerman Trail is an arterial street and was completed from Poly Drive to Broadwater Avenue in 2004/2005. Prior to this time, Zimmerman Trail was known as 34th St West north of Grand Avenue and 32nd St West south of Broadwater. The city acquired the right-of-way and built the connection as an arterial street to complete this part of the city's street network. There are few north/south arterial streets west of 17th St West. Zimmerman Trail carries about 15,000 vehicle trips per day along this corridor between Broadwater Avenue and Poly Drive. Additional traffic is expected when several new apartment projects are completed in the next two years including the Zimmerman Home Place development and the Icon and Steward Land apartments south of Grand in Cardwell Ranch Subdivision. Zimmerman Trail is a 2-3 lane arterial street with a capacity to handle larger volumes of traffic. There are traffic signals at Rimrock Road, Poly Drive, Grand Avenue and Broadwater Avenue. South of Broadwater Avenue, the street name changes to 32nd St West. A mixed use development on these parcels would likely require a traffic study update to ensure nearby intersections can still function as designed. Any traffic management or upgrades would be the responsibility of the project developer per the direction of the City Engineering Division. 

APPLICATION DATA
OWNER: Highlands ZHP Subdivision LLC, Preston Lees
AGENT: Performance Engineering, Scott Aspenlieder, P.E.
LEGAL DESCRIPTION: Lots 2 and 3, Block 1, Zimmerman Home Place Subdivision, 3rd Filing
CURRENT ZONING: NO
EXISTING LAND USE: Vacant
PROPOSED USE: Mixed Use development with ground level commercial uses and apartments in upper stories
SIZE OF PARCEL: 7.513 acres

SURROUNDING ZONING AND LAND USE
NORTH:        
Zoning: NO - Neighborhood Office SOUTH:        
Zoning: NO
Land Use: Children's Clinic and vacant land
EAST:
Zoning: N3 - Suburban Neighborhood Residential
Land Use: Single family homes
WEST:
Zoning: NX3 - Mixed Residential 3 and P1 - Public 1
Land Use: Apartments and parkland

This area of Billings has been developing over the past 10 to 15 years following the connection of Zimmerman Trail through the Yegen Family Grand Avenue Farm and the major reconstruction of Shiloh Road, another major north/south connection. The Zimmerman family chose to zone the property outside the city limits in 2016, and then market the pre-entitled property to developers who would then annex and build within the city limits. In 2017, Town Pump bought all the commercially zoned property on the southeast corner of the subdivision and put in a new gas station, convenience food store, liquor store and casino. The property to the northwest went through a Planned Neighborhood Development zone change when it was annexed in early 2022. A PND zone change was not required, but the owner preferred this zoning process to allow for placement of the Public 1 zone parcels within the new apartment development (ZC 1009).

There are challenges to an area of urban development that is on an infill property with existing development around it. This is not meant to ensure homogenous development patterns between neighborhoods, but the development plan should include similar and compatible zone districts, 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 zoning of CMU1 for the subject property with Zimmerman Trail frontage. The CMU1 zone district is intended to be placed on arterial street corridors where neighborhood zoning is adjacent or across the street. The uses allowed within the CMU1 zone do not allow uses by right that could cause noise and disruption such as car washes, drive through restaurants, bars or casinos. The West Billings Neighborhood Plan goals and objectives stated the need to locate more intense uses along arterial street corridors 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 conducted a pre-application meeting at the subject property on August 24, 2022. The meeting was conducted via ZOOM. The synopsis of the meeting questions and answers are attached to this report. There were questions about the need for the zone change, the pedestrian crossing a Colton Blvd and Zimmerman Trail, and increasing traffic.  Planning staff has received a valid protest petition from the owners of land within 150 feet of the zone change property line. The zone change hearing with the Zoning Commission was delayed from October 4 to November 1. One of the reasons for the applicant's requested delay was to provide additional information to the neighborhood. The applicant conducted a second neighborhood meeting on October 19, 2022, in person. Three property owners attended this second neighborhood meeting. The meeting notes and attendance sheet are also attached to this report. 

The Zoning Commission conducted its hearing on November 1, 2022, and received the staff report and the proposed findings of the 10 review criteria. Commission member Greg McCall recused himself for a conflict of interest. He stated his company is in talks with the applicant to purchase one of the lots further west in the subdivision. The Commission heard testimony from the applicant, Preston Lees, and the agent, Scott Aspenlieder of Performance Engineering. Four surrounding owners testified against the zone change. Those owners are Sally Hildenburg of 2034 Weston Drive, Kathleen Jorgensen of 2026 Weston Drive, Rande Roth of 1889 Hampton Place, and Gloria Gunther of 1970 Weston Drive.  The primary concern of the surrounding owners was the increase in traffic, the potential height of new structures and the cultural significance of Zimmerman Trail.

Scott Aspenlieder stated the applicant has already prepared a traffic study for the subdivision including the potential for these two parcels to be zoned CMU1 rather than NO. He stated the owner will be contributing several thousand dollars to a traffic signal installation at Avenue E and Zimmerman Trail as well as contributions to other intersection improvements within 1 mile of the property. The City Engineer has already accepted the traffic study and has agreed with the potential impacts and the mitigation and contributions from the developer. He stated there will be one shared access to the parcels, but it will have limited utility as a right-in/right-out driveway. He stated most vehicle and foot traffic to the new development will be from Green Valley Drive, a collector street within the development that parallels Zimmerman Trail and connects to Avenue E and Colton Boulevard.

Mr. Aspenlieder stated the second neighborhood meeting was held in person at Arrowhead Elementary School, but only three neighbors attended to learn more about the zone change. He stated the primary concern was the increased building height allowed. He stated the Neighborhood Office zone allows 2.5 stories or 35 feet in height and the proposed CMU1 zone can allow up to 4 stories. He stated the closest any building would be to a residential home on the east side of Zimmerman Trail would be 140 feet. He stated the arterial corridor right of way is very wide to accommodate future improvements when traffic volume increases. He stated no bars or casinos would be allowed on these parcels because the updated zoning prohibits these uses within 350 feet of a residential zone. He stated there is no intent to put a lot of neon or flashing signs on the building or over-light the building and parking areas. He stated this location would be walkable and will have restaurants and services for the neighborhood as well as providing additional residential uses on the upper floors. He stated this is the most efficient use of the land, and they do not intend to do this development at the cost of the neighbor's property value.

In response to a question from Commission member David Goss about the traffic into the development from a neighborhood street rather than the arterial street, Mr. Aspenlieder stated that Avenue E and Green Valley Drive are both collector streets and are developed with center turn lanes. He stated the primary load of vehicle traffic will use Avenue E, but it is expected there will also be a lot of walking traffic to the development. Commission member Goss asked what uses require a CMU1 as opposed to a less intense zone of Neighborhood Mixed Use.  Mr. Aspenlieder stated Mr. Lees would answer the question about his vision for the development of the property. Commission member Dan Brooks asked whether the current zoning prevents even coffee shops. Mr. Aspenlieder stated that was the case.

Mr. Preston Lees stated his company sold a property downtown, so they put in a bid to purchase the Zimmerman property. He stated the Zimmerman family was not interested in selling to just any development company, but someone who would honor the legacy of the Zimmerman family. The Zimmerman family chose our company because we have a good reputation as a quality developer that builds attractive communities, Mr. Lees stated.He said his company is a multi-generation family in Billings. Mr. Lees stated this will be a good development with commercial on the first floor and residential above. He stated he would like to bring coffee shops, restaurants and other neighborhood services.  He stated the second in person neighborhood meeting was a good opportunity to clarify the concerns and address those issues. He stated the development will probably be a courtyard type building with parking below, possibly 3 or 4 stories. Commission member Dan Brooks asked to clarify the recent study of housing deficit in Billings is 3,000. Staff member Nicole Cromwell verified that study number. Mr. Lees stated he is building 300 units to the west and this development might include up to 120 additional units. He stated not everyone wants to live in apartments, so other housing options are planned on the other parcels within the subdivision. He stated their company develops apartments based on what is desired by most families - open space, nice visual aesthetic and similar amenities. In response to a question from Commission member Goss, Mr. Lees stated the new apartments to the west will have all accessible units on the first floor. He said the units in this new development may or may not have elevator access depending on the number of floors.

Sally Hildenburg of 2034 Weston Drive stated she was opposed to the change to commercial due to the unique characteristics of Zimmerman Trail including the constant use by emergency response vehicles to reach the top of the rims. Zimmerman Trail only exists between Broadwater Ave and Highway 3. She stated she was the gatherer of the signatures for the protest petition and this was done in just one day on one walk-around of the townhomes. She stated the neighborhood is not in favor because of the taller buildings and the increased traffic. She stated the three potential new traffic signals, commercial-style lighting, noise from people in parking lots and all the other things that come with commercial development would damage their quality of life. 

Kathleen Jorgensen of 2026 Weston Drive testified in opposition. She stated Zimmerman Trail is one of the few historic and picturesque drives in Billings. The road is lined with residences and golf courses. She stated this development would be perfect for Shiloh Road but not on Zimmerman Trail.

Gloria Gunther of 1920 Weston Drive testified against the zone change. She stated the homeowners in the townhome development were in favor of the Neighborhood Office zoning when that was proposed over a decade ago. She stated there is overwhelming opposition in their neighborhood. This zone change will bring too much traffic, people and commercial lighting, and noise will have a negative effect on our homes and quality of life. She stated the traffic study indicated a traffic light would be needed at Avenue E, but it is already needed due to existing traffic on Zimmerman Trail. She stated the added traffic will be too much for Zimmerman Trail. Mrs Gunther stated the road is used constantly by emergency responders, as well as people going to and from the Heights and the Airport.

Rande Roth of 1889 Hampton Place stated he was not necessarily opposed to the development but had questions about the proposal. He stated he would like clarification on the total number of apartment units, parking spaces, the traffic signal at Avenue E (timing of lights in the corridor), the cost difference between a signal and a round-about, if there will be income restrictions on apartments (subsidized) and other issues. He stated there was a robbery at gunpoint in his neighborhood recently so public safety is of paramount importance. 

Mr. Aspenlieder stated from a traffic standpoint, studies are complicated including the reliance on statistical data and traffic standards. He stated the round-about would not be accepted by the city due to the existing traffic signals at Grand Avenue and Poly Drive. He stated the Avenue E signal would require re-timing of all the signals in the Zimmerman Trail corridor He stated the turning movements at Colton may become more difficult but the signals and connections to the south will funnel traffic to the arterial streets. Everyone who has reviewed the traffic study has agreed with the findings and the impact. He stated Zimmerman may have historical significance, but the traffic volume will continue to grow over time. The connection of Zimmerman further south to King Ave West will increase traffic volume as well.

Mr. Lees stated he has not focused on the maximum number of dwelling units on the property. He stated 300 units are under construction and the concept number for these lots is 120 units. He stated the city requires off-street parking and the city makes sure those numbers are met. He stated the units will be market rate with no subsidy.

Commission member Dan Brooks moved to recommend approval of the zone change and the findings of the review criteria. The motion was seconded by Mr. Goss. Mr. Goss stated he was not certain about the zone change because of the potential to keep zoning commercial along arterial streets. He stated he has lived in areas where there are good mixed use areas but this zoning does not guarantee this develops in that way. He stated from a strictly zoning standpoint he was not enthusiastic because of the example of Grand Avenue. Mr. Brooks stated he understands the concern, but this is a mixed use zone not just a commercial zone district. He stated this is the beginning of a neighborhood center. He stated Billings has a housing deficit and we need to be cognizant of this issue. He stated the CPTED principal of more eyes on the street will make this a safer development than previous commercial developments. Commission Chair Michael Larson stated this zone change is a challenge because of the existence of homes across the street that were developed years ago. He stated change is always difficult to navigate. He stated the way traffic improvements are made in Billings is most often through developments just like this one. He stated as a City Council member there were four major transportation projects that were funded primarily through the city - not through developers. This section of Zimmerman Trail was one of those projects.

The motion was approved on a 3-0 vote. Commission member Greg McCall was recused from voting and participating in the hearing and Commission member Trina White was absent.

City Council Meeting, November 28
On November 28th the City Council received a staff presentation from Nicole Cromwell, Zoning Coordinator, the applicants' agent, Scott Aspenlieder, and the developer Preston Lees. Four members of the public spoke in favor during the public hearing. These individuals were Matt Robertson, Greg McCall, Brian Ludwig and John Halvorson. No one spoke in opposition to the zone change. A motion was made by Council Member Shaw to approve Zone Change 1019 and adopt the 10 criteria as recommended by the Zoning Commission. Council Member Joy seconded the motion. Council discussion included the following:

Council Member Shaw acknowledged the neighbors’ concerns, but it was the Council’s job to consider the bigger picture to address the City’s housing needs.  Council Member Joy supported the motion because it met all the zoning criteria. Infill was 
important to reduce the cost of services and make the best use of the land. Vacant land was not helpful to the area’s residents when it came to contributing to the tax base. Council Member Boyett was concerned about walkability for school children and pedestrians. Council Member Gulick supported the motion and listed several reasons why the zone change and development of the property provided balance to the community’s interests. Council Member Purinton was concerned about the height of the buildings and their affect on the character of the neighborhood. She was not concerned about increased traffic. She indicated she would not support the motion. Council Member Rupsis preferred neighborhood mixed use zoning and was concerned about the transition between zones. He would not support the motion. Council Member Owen supported the motion. Mayor Cole mentioned the development addressed housing needs and he would support the motion. Council Member Choriki supported the motion because it created density, was good infill, and made economic sense. Council Member Neese had concerns about the area and the 5-foot setback with the height of the structures proposed.  

MOTION FOR APPROVAL FAILED 6-5, Council Members Neese, Tidswell, Purinton, Boyett, and Rupsis voted against the motion for approval. A two-thirds vote (8 were needed) in favor was required due to the valid protest. 

On December 12th, during the City Council meeting, Preston Lees addressed the Council during public comment and asked them to reconsider Zone Change 1019 and consider allowing the application to go back to the Zoning Commission. Council Member Boyett made a motion to reconsider ZC 1019, Council Member Choriki seconded the motion. Council Member Boyett indicated he would like to see the applicant withdraw their application. Council Member Shaw indicated her preference was to send the item back to the Zoning Commission and asked Council Member Boyett if he was amenable to that. Council Member Boyett felt withdrawal was appropriate and would not create a stain on the applicants record. City Attorney Gina Dahl and Planning Director Wyeth Friday provided some clarification on processes that could occur if the item was reconsidered. Council Member Choriki stated that reconsideration was the only thing that was being considered at the meeting and that possibilities of how to continue after consideration was not what was being considered. Council Member Neese stated he had concerns with discussions that have been had outside of council meetings and asked fellow council members to disclose. Council Member Purinton stated she would be recusing herself from any reconsideration and any other action on the item going forward due to a family member. 

MOTION FOR APPROVAL CARRIED 7-2-1, with Council Member Purinton abstaining and Council Members Boyett and Neese voting no. 

The item is scheduled for reconsideration on January 9th. The Council should choose one of the avenues outlined in the Recommendation and Alternatives sections of this report.
 

The City Council may:

• Approve the Zone Change and adopt the Zoning Commission recommended findings of the 10 review criteria; or, 
• A council member may amend the motion on the table or make a substitute motion
  • Deny the Zone Change and adopt different findings of the 10 review criteria; or, 
  • Delay action on the zone change request for up to 30 days; or,
  • Allow the applicant to withdraw the application; or,
  • The City Council may choose to send the matter back to the Zoning Commission, giving the applicant the opportunity to amend the application without further delay. This is an option outside of code, but would satisfy any due process concerns as well as provide for a new protest period and public hearings with additional public notice.

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

• Policy A "Promote efficient utilization of land within the West Billings planning area by promoting well-designed, more pedestrian friendly, urban development patterns with a mix of uses and an efficient, creative use of land."
• Policy K "Increase residential densities within the West Billings planning area by approving requests for residential zoning that are consistent with this plan."
• Policy M "Development in the West Billings planning area shall provide for a variety of residential types and densities."
• Policy N "Medium and high-density residential development(including elderly and disabled housing) should be located nearby and within walking distance to commercial centers, medical facilities, parks, and recreational amenities."
• Policy R "Encourage innovative land-use planning techniques to be used in building higher density and mixed-use developments as well as infill developments."

• 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
• 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

Prosperity and Essential Investments

• Infill development and development near existing City infrastructure may be the most cost-effective
• A diversity of available jobs can ensure a strong Billings’ economy
• Retaining and supporting existing businesses helps sustain a healthy economy

 
4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The applicant has completed a traffic impact study including the potential traffic from a development within a CMU1 zone district on these two lots. The traffic study has been accepted by City Engineering. The City Engineer has determined the required improvements and contributions to improvements based on the specific information provided in the traffic study.
Water and Sewer: This property is located in the City Limits and is required to be served by city water and sewer. There are no known negative capacity impacts related to water and sewer that are identified through any adopted studies or staff input. 
Schools and Parks: Schools and parks may be effected by the proposed zone change. The NO zoning allows 1-4 family dwellings and the CMU1 zone allows upper story apartments. Development of apartments may attract families with children. SD #2 had no comment on the proposed zoning. The Planning Division coordinates input from the School District administration. The District is beginning the process of evaluating its various districts for elementary, middle and high schools and may make adjustments to address capacity levels at various schools.
Fire and Police: The subject property is served by city public safety services. Development of the property, regardless of zone will be served by existing police and fire services. The Police and Fire Departments had no concerns with the zone change as requirements for access, water supply and fire codes will apply to the site and any construction on the subject property.

5) Will the new zoning provide adequate light and air?
Similar to criteria 2 and 3, the proposed CMU1 zone, like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant therefore any new structure will be required to meet the standards required by Section 27-400-3.

6) Will the new zoning effect motorized and non-motorized transportation?
Non-motorized travel -- walking and biking -- is an essential part of the city's transportation plan both within the proposed development and connecting to adjacent areas. Pedestrian connections to the new development will be allowed from Zimmerman Trail as well as across Green Valley Drive to the west.  The subdivision has a limited vehicle access strip across the frontage of Zimmerman Trail, so most vehicle access will be from internal streets. The property is close to three fixed route MET bus lines (two on Grand and one on Poly Dr). There are no specific traffic counts on Zimmerman Trail between Rimrock Road and Broadwater Avenue. Traffic counts on Poly Drive near the Zimmerman Trail intersection are about 5,000 to 6,000 vehicle trips per day. Traffic counts on Grand Avenue near the Zimmerman Trail intersections are between 18,000 and 20,000 vehicle trips per day. A traffic impact analysis is already completed for the project based on the proposed new zoning and land uses allowed on this 7.5 acre parcel. Mitigation and improvements are required by the City Engineering Division to ensure all existing and future street intersections are maintained in good capacity.

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 Broadwater Avenue and Rimrock Road is beginning to experience growth and development similar to areas further south in West Billings. Zimmerman Trail acts as a major transportation corridor so the expectation of commercial or mixed use services along the corridor is appropriate. A principle arterial street like Zimmerman Trail also acts as a buffer/separation, making the existing single and two-family development on the east side of Zimmerman Trail a separated and acceptable use across from the CMU1 zoning proposed. In fact, the street-facing building orientation requirements of the CMU1 zoning will add to the visibility and activity on the Zimmerman Trail corridor for both walkers, cyclists and motorists, adding a component of safety to the area. As more housing choices move to this area it is important that some services are available in the vicinity. There is no CMU1 directly adjacent to this parcel, however, CMU1 is located just south of Avenue E. Commercial development along the Zimmerman corridor does consider the character and suitability of the area.  

9) Will the new zoning conserve the value of buildings?
There are currently no buildings on the property, therefore the new zoning does not propose a risk of creating a non conformity or other value associated issues. Any new development must be in conformance with the zoning regulations, thus conserving the value of buildings for the parcel. There has been no evidence to support the zone change will negatively affect the surrounding property and existing buildings. The new zoning is not expected to alter the value of any buildings in the area. 

10) Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zone change will encourage the most appropriate use of this land in Billings.