Planning staff is recommending approval and adoption of the findings of the 10 review criteria for Zone Change 1026.

This is a zone change request for property at 3648 AJ Way from Agriculture (A), a county zone district, to Public 3 - Civic Campus (P3- Civic) on C/S 1889, Tracts 2 and 3, a 40.001 acre parcel(s) of land. The proposed zoning would facilitate the Department of Montana Military Affairs in the development of an Army National Guard facility. In order for these two parcels to be developed, they will be annexed into the City of Billings. This will give access to municipal water and sewer, among other utilities. When properties are annexed into the City, they must also go through a concurrent process to have the property re-zoned to a zone recognized by the City. In this case, the applicant is seeking a zone change to Public 3 Campus (P3). The P3 district is intended for public and civic uses involving multiple structures that are developed in a campus-like environment. P3 zoning is available for medical campuses, educational campuses, and civic campuses with three (3) or more principal buildings. The Army National Guard facility, more specifically known as the Limited Army Aviation Support Facility (LAASF) would be considered a civic campus in accordance with zoning and buildings will likely be constructed over the course of several years. But once the project is completed it will achieve the campus feel as intended by the district.

The following is background information on the proposed facility and operations provided by the Army National Guard: "The Planned Action is to construct a government-owned permanent Limited Army Aviation Support Facility (LAASF) in Billings, Montana. A larger, Montana Army National Guard (MTARNG) owned facility would accommodate a permanent hangar and would include backup/emergency generator, paved parking, unheated aircraft storage, and fire detection, alarm, and suppression equipment. This large, long-term permanent facility includes space for training rooms, office space, hangar, etc. and would accommodate the emerging growth needs and coverage requirements of the Montana Army National Guard (MTARNG) aviation assets. The permanent facility would better accommodate on-the-ground drill and training activities. The LAASF would be staffed by up to 14 full-time personnel, including mechanics, flight operations specialists, and a mixture of each of the following; avionics, technical supply, production control officer, maintenance test pilot, quality assurance officer, Officer in Charge (OIC), instructor pilot, and maintenance supervisor. During the drill weekends, up to 90 personnel are stationed in Billings. These weekends commence on either Thursday or Friday and conclude on Sunday evenings. Typical start/end times are Thursdays, 10AM – 11PM; Fridays, 7AM – 11PM; Saturdays, 7AM – 11PM; and Sundays, 8AM – 330PM. The proposed LAASF would support six helicopters (including but not limited to the Chinook, Blackhawk, and Lakota). Flights occur primarily during the day. On weekdays, 2 to 3 helicopter training flights per day originate from LAASF for a total of 10 to 15 flights per work week. The LAASF supports 2 to 3 flights per day on drill weekends for a total of 14 to 21 flights during a drill week. While most flights are single-aircraft operations, some multi-ship operations occur. Multi-ship flights depart the airspace immediately and do not use the traffic pattern. The LAASF operates one additional Saturday per month that includes two to three flights. Flights follow flight paths that are approved by Air Traffic Control. Flight paths originate at the LAASF facility and travel over the airport north of Highway 3."
 
Planning staff recommends approval and adoption of the findings for the 10 review criteria for Zone Change 1026 as detailed in the summary section of this report. The proposed P3 zone is compatible with nearby existing aviation facilities and would not be overly intrusive to nearby low-density residential developments considering existing aviation activity.

Planning staff notified the surrounding owners, published a legal ad and posted the property as required by the zoning regulations. At the time this staff report was submitted, Planning staff has not received any correspondence on the proposed zone change from surrounding owners. A pre-application neighborhood was conducted by the applicant on March 27, 2023, at 3465 AJ Way - Unit 111, and 16 persons signed the attendance sheet. The pre-application meeting notes and sign in sheet are attached.

The Zoning Commission may take one of the following actions:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1026; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1026; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

In case of a tie vote on the zone change, 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. The applicant has not requested a delay or a withdrawal of the application at this time.
 

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

Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:

Essential Investments (relating public and private expenditures to public values)

• Infill development and development near existing City infrastructure may be the most cost-effective
• Neighborhoods that are safe and attractive and provide essential services are much desired
• Mobility and Access (transportation choices in places where goods and services are accessible to all)

Prosperity (promoting equal opportunity and economic advancement)

• Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses

The proposed zoning would allow for the development of a military facility that would serve the region and promote safety. There is only one other facility in the state that serves this role, and a facility like this in Billings will provide faster response times to this part of the state. Additionally, this activity is being located in proximity to an area of the city that already has established aviation operations. The proposed zone aligns with allowed development on adjacent parcels. The P3 district allows civic campuses. 

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 are promoted by the proposed zoning. This is not a unique to the P3 zone, but instead is promoted by all adopted zoning districts within the City of Billings. The site and structure regulations found in 27-500.1 in the P3 district promote the minimum standards to ensure public health and safety and promote general welfare. Public health and public safety will be promoted by the proposed zone change. 
 
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning itself will have no appreciable effect on the adjacent transportation network, however once the property is developed there will be some impact to nearby roadways. The property will be served by AJ Way, a public road that is accessed by Highway 3. Montana Highway 3 is a National Highway System (NHS) non-interstate route that extends from Billings to Great Falls. In the project vicinity, Highway 3 generally runs east to west providing access to several public streets and numerous residential driveways. Currently, the facility has a single travel lane in each direction with left-turn lanes at Rod & Gun Club Road (eastbound), Zimmerman Place (westbound), Apache Trail (westbound). Highway 3 also has right-turn lanes at its intersections with Rod & Gun Club Road (westbound) and a roundabout at Zimmerman Trail.

The Billings Area Transportation Plan classifies Highway 3 as a Principle Arterial. Principle arterial roadways are built to carry higher volumes of traffic generally between 30,000-55,000 (ADT). Today traffic volumes in the corridor are approximately 11,500 Average Daily Traffic (ADT). Projections indicate that traffic will increase to approximately 17,000 ADT by the year 2040.

Generally the Level of Service (LOS) through the corridor operates at A or B which is well above the average LOS for the Billings community. 

The Army National Guard (ANG) will have an estimated 14 full-time employees. Additionally, the ANG will host monthly trainings 1 weekend per month. Staff has identified no concerns with access from AJ Way and Highway 3 that would create a negative finding given the above-mentioned information specific to the function of Highway 3.

Water and Sewer: The City provides water and sewer to the property. The utilities will be provided in accordance with the accompany annexation agreement that is mutually agreed upon between the City of Billings and the Property Owner. This agreement is a strict condition of approval for annexations. Water will be extended to the property via AJ Way.

Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed development does not include residential uses, therefore, additional students due to this zone change would not be anticipated. It should be acknowledged that with new jobs in the community the school district may realize some increase in student population, however, the zone change does not have a direct correlation to this.

Fire and Police: The subject property is served by city public safety services. The property is currently served by the Billings Fire Department and upon annexation will continue to be served. The nearest fire station is Fire Station 1 which is located approximately 3.9 miles away. The Police and Fire Departments expressed no concerns with the zone change.

5. Will the new zoning provide adequate light and air?
Similar to criteria 2 and 3, the proposed P3 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(s) will be required to meet the standards required by Section 27-500.1.

6. Will the new zoning effect motorized and non-motorized transportation?
The new zoning itself will not impact motorized and non-motorized transportation. Once developed, there will be increased volume to the transportation network, both motorized and non-motorized. At this time the facility will house up to14 full-time employees and will host trainings once per month with an estimated 90 personnel. AJ way provides direct access to the property and upon annexation of these parcels the access will be in the same location. Highway 3 provides access to AJ way. Highway 3 is a principal arterial road and a United States (US) highway. Principal arterial roads are built to carry higher volumes of traffic generally between 30,000-55,000 (Average Daily Traffic - ADT). Today, traffic volumes in the corridor are approximately 11,500 ADT. Projections indicate that traffic will increase to approximately 17,000 ADT by the year 2040, well under the designed capacity. Over time, some improvements may need to be made along Highway 3. These may include traffic management facilities like turn lanes. The addition of improvements such as these will need to be coordinated with the Montana Department of Transportation. Also in the vicinity is the Skyline Trail which is under construction and is located south of Highway 3. The Skyline Trail is a multi-use trail that will extend from the intersection of Highway 3 and Zimmerman Trail through Airport Road along the south side of Highway 3. The City has received federal funding to pave a 10-foot trail that would replace an unimproved/primitive trail that is presently in place. Users of the trail system will observe more air traffic, but the development of the parcel would not obstruct access to the trail. 

7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing uses in the vicinity. This property is near the Billings Flying Service, the Billings Airport and other undeveloped P2 zoned land owned by the City of Billings. The Billings Flying service is a commercial heliport. The use of this property for the Army National Guard close to a heliport and municipal airport does not create compatibility concerns. The proposed Army National Guard facility will also be adjacent to agricultural lands, some that have single family residences. These residences will remain in Yellowstone County. Based on existing activity from the Billings airport and Billings Flying service, there are no additional findings to suggest the P3 zone for the use of the National Guard would not be suitable next to agricultural zoned land.

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. The proposed zoning will allow a civic campus to be used by the Army National Guard. The proposed zoning is compatible with the adjacent zoning and existing development and uses in the vicinity. The property is suitable for the proposed use and will fit in with the already existing and established aviation uses in the vicinity (Billings Airport and Billings Flying Service). Further, this use is compatible with the character of the surrounding districts of Public 2 (P2), Heavy Commercial (CX), Agriculture (A), and Light Industrial (I1).

9. Will the new zoning conserve the value of buildings?
The property is currently vacant, therefore the new zoning will not have an impact on the value of buildings for the parcel. Any new structures will need to be in compliance with zoning and building codes, therefore, there are no concerns related to the conservation of value of buildings on the parcels subject to the zone change.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
In order for the property to be annexed into the City it requires the property be rezoned to a zone recognized by the City. The Department of Military Affairs owns the property and intends to develop it for the Army National Guard. The landowner has chosen the P3 zone as the most appropriate zone and intends to develop the property in accordance with the requirements of the zoning. A use like this near already established aviation operations and businesses does encourage the most appropriate use throughout the City of Billings.