Zoning Commission recommends approval and adoption of the findings of the ten review criteria for Zone Change 1025, a Neighborhood PND zone change type from Suburban Neighborhood (N3) to Mid-Century Neighborhood (N2), Suburban Neighborhood (N3) and Public 1 (P1) through a Planned Neighborhood Development (PND). The City Council approved this item on first reading at its meeting on May 22. Approval of second reading is required in order to approve the zone change. Staff recommends City Council approve this item on second reading to be consistent with first reading action.

This zone change request is for a new neighborhood to be developed on the north side of Rimrock Road and east of 54th Street on a parcel located on the northeast corner of the intersection. 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 zoning tool to help guide the coordination of annexation, subdivisions, and master planning for new city neighborhoods. This PND tool allows developers to process all the zoning with the City Council, phase the annexation of the property (if necessary but not applicable to this development), and coordinate both of these processes with subdivision or master site plan review. The 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 and N3, and Open Space (P1) district. The majority of lots will be designated N3 with the N2 zone nearest to the south center of the development. There will be a linear park strip between the N2 lots and Rimrock Road and continuing west and expanding the P1 zoned area to the corner of 54th Street and Rimrock Road. The PND regulation 27-800 do not allow the designation of N1, N2 or N3 directly adjacent on an arterial street such as Rimrock Road. The proposed PND includes an added P1 park strip along the Rimrock Road right-of-way to comply with this N district requirement.

APPLICATION DATA
OWNER: Ned Zimmerman, Van Zimmerman
AGENT:  KLJ, Travis Copper
LEGAL DESCRIPTION:  C/S 1834, Tract 2B
ADDRESS: 54th St. W and Rimrock Rd.
CURRENT ZONING: Suburban Neighborhood (N3) (County) 
EXISTING LAND USE: Agriculture - vacant land
PROPOSED USE: New city residential neighborhood
SIZE OF PARCEL: 30.6 acres

CONCURRENT APPLICATIONS:
Petition for Annexation and 54 West Major Subdivision preliminary plat

SURROUNDING ZONING AND LAND USE:
NORTH: Zoning: Suburban Neighborhood (N3)
Land Use: vacant land
SOUTH: Zoning: N2, N3 & PD
Land Use:  Residential Zone/ vacant land
EAST: Zoning: N3
Land Use: Residential
WEST: Zoning: N3
Land Use: Residential Subdivision

This area of Billings has experienced a great deal of growth and development in the past decade. This includes Mont Vista Planned Development zone to the south of Rimrock Road with customized zoning for specific parcels. Housing demand has reached a high level while supply of all types of housing choices has not kept up with the demand.  The 2010 Census indicated Billings has a demand for housing in areas closer to city services. Developers have made robust investments in properties near the edge of Billings and the number of annexed developments have increased in the last 3 years. The demand for housing supports the requested zone change and annexation on this parcel.  The surrounding development (Yellowstone Club Estates) to the west, (Yellowstone Ridge Sub.) to the north and (Whisper Ridge Sub.) to the east are designed with similar single family housing choices as the proposed development. 

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 can coexist as much as possible with the new urban neighborhood residents and uses. In this case the development will be promoting a similar development pattern that exists in the surrounding City and County parcels.  The 2016 Billings Growth Policy goals and policies support the proposed neighborhood 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.

The applicant and agent conducted a pre-application neighborhood meeting on March 20, 2023, and 35 residents of the area attended the meeting. The meeting was held at the proposed location.  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 included 475 owners. Concurrent annexation and subdivision preliminary plat were coordinated through the process with this zone change.

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. Staff was generally supportive of the proposed street layout and distribution of the zone districts. However, staff was concerned that the linear park strip would promote rear yards with fences along Rimrock Road.  There were discussions between planning staff as to how this design could address safety and landscaping in terms of a landscape buffer and possible restriction on fence height to create a more aesthetically pleasing area along Rimrock Road. Staff has worked through the subdivision review process to try and address these concerns within the confines of the current subdivision regulations as these are not able to be mitigated with the zone change process. 

The Zoning Commission conducted a public hearing on May 2, 2023, and received the staff recommendation and testimony from the applicant's agent, Steve Grabel, KLJ Engineering. Commission member Greg McCall asked for clarification of the P1  district parcel and what was intended for it. Steve said it would be open space and that the strip along Rimrock Road would serve as a buffer between the properties and the pedestrian path that runs along Rimrock and there would be a portion of the P1 dedicated parkland as a privately maintained park.  Commission Member David Goss asked where the access would be to the P1 areas. He pointed out there appears to be only one access to the P1 from the cul-de-sac to the east of the N2 zone.   Steve said there is an access point planned for the east cul-de-sac that will open up to the P1 along Rimrock for use of the bike pedestrian path. He said there is a plan for fencing along the south side of the lots.

Monica Plecker, Planning Division Manager, said that this application for annexation is currently being review and the subdivision preliminary plat has already gone to the Planning Board for consideration and that Board held the required public hearing for the subdivision.  She clarified details that came from the preliminary plat application - they would be putting a fence along the property line adjacent to the P1 strip along Rimrock Road.  She said part of the subdivision regulations allow requiring additional landscaping, so the Planning Board has recommended approval of a landscaping strip along the south property line of the parcels along Rimrock Road to soften the feel of those backyard fences that are set back off of Rimrock Road and given the proximity of Rimrock it would not be at risk of creating a tunnel like effect. She explained the landscape requirement is for street trees every forty feet as well as six ornamental grasses in between, which should help to soften the presence of the fences that will be visible from Rimrock Road.  She said the developer is planning to have stormwater facilities located in the P1 area at 54th and Rimrock and there is also a ditch that runs through the same area that will be fenced for safety.  She said even though they have indicated they intend to use some of the P1 space for Parkland they are also intending to use some of it for stormwater purposes.  She closed with the explanation of requirements for parkland and that the City requires developments within a mile of Cottonwood Park to contribute a cash amount. She said the PND requires 2% that will be provided with a portion of the P1, and the remaining balance would be a cash contribution for the remaining amount. 

There were five members of the public who were present for this application, three were in opposition and two were in favor.  Pat Curry, resident that lives at 5412 Gene Sarazen Dr., was in favor of the proposal and said he felt the applicant has a reputation for creating a nice development, however, he had concerns with the added traffic at the intersection of 54th and Rimrock.  He said they are proposing two access points onto 54th Street that would negatively affect the residents in the area, and they should reduce the access to one and add an access point onto Rimrock Road.  Commission member Greg McCall clarified for the public that the majority of issues that are being brought to the board tonight so far do not necessarily pertain to zoning and can not be addressed with the zone change application.  He said there will be opportunities to voice concerns about the subdivision and traffic, etc. but it can not be addressed with this hearing.

Christie Vassar, a resident who lives at 5358 Amherst Dr., said she was opposed to the zone change because it would allow duplexes, and she felt it should be all single family homes. She was also opposed to their plan eradicating the prairie dogs that live on the land. She also inquired about what was necessary to submit a formal petition against the zone change.  Nicole Cromwell, Zoning Coordinator, said she would need to submit a petition against the zone change to the Planning Division office by 5:00 PM, Friday, May 19, prior to the scheduled City Council meeting May 22, 2023.  Commission member Greg McCall explained the PND requires a percentage of the development to be N2 zone, and this applicant is providing the minimum required for the PND application.  Gary Polk, a resident who lives at 5028 Rimrock Rd., said he felt progression is good, and he supported development, however, he also felt it was the responsibility of the City to make sure the roadways can handle the traffic, and currently the amount of traffic does not allow an easy traffic flow when entering onto Rimrock Road.  Doug Wild, a resident who lives at 4712 Audubon said that he was in favor the application. Dustin Bretz, a resident who lives at 5407 Rimrock Road, said he had mixed feelings about the project, he supported the zone change, but was concerned about the additional traffic.  No other testimony was received.

Zoning Commission member David Goss made a motion to recommend approval of the zone change and adoption of the findings of the 10 review criteria. The motion was seconded by Zoning Commission member Trina White and was approved on a unanimous vote.

The City Council conducted a public hearing on 1st reading of Zone Change 1024 on May 22, 2023, and received a staff presentation of the Zoning Commission's recommendation. There were no members of the public in attendance to comment on the application.  The public hearing was closed. Council Member Purinton made a motion to approve the zone change and adopt the findings of the 10 review criteria as recommended by the Zoning Commission. The motion was seconded by Council Member Tidswell. The motion was approved on a 11-0 in a unanimous vote from all present members. 

The City Council may:

• Approve Zone Change 1024 per the Zoning Commission recommendation and adopt the findings of the ten review criteria; or,
• Deny Zone Change 1024 and adopt different findings of the ten review criteria for Zone Change 1025; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

The City Council approved this item on first reading. Approval of second reading is required in order to approve the zone change. The City Council should approve this item on second reading to be consistent with first reading action.

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

Before making a decision, 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. (This goal addresses the infill development portion as this parcel applies.)
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 residential environment.

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 streetlights, 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 housing development to be located adjacent to the arterial street frontage with a buffer of P1 between Rimrock Road and the parcels.  This is not a desired use of P1 zoning, however, it encourages a desired larger landscape area along the existing separated pathway along the north side of Rimrock Road, promoting desired elements of a walkable community.

2) Is the new zoning designed to secure from fire and other dangers?
The N2 & N3 zoning (per section 27-305 and 27-306) 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. Sections 27-305 and 27-306 specify separation and build to zone designation for the N2 and N3 zone districts. 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 will prepare a traffic impact study in coordination with City Engineering and as part of the subdivision review process. This will ensure access from the full build-out of the development will be safe and have adequate traffic controls and management in place.
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 residents. The School district 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. Sections 27-305 and 27-306 specify separation and build to zone designation for the N2 and N3 zone districts.

6) Will the new zoning effect motorized and non-motorized transportation?
The proposed development will not negatively impact non-motorized transportation, however any new residential development will likely increase transportation of all types as development occurs and population increases. The proposed project will have some impact on the motorized transportation system in the area as it was historically agricultural property and would not have the same vehicle trips per day as a residential development.  The proposed zoning meets the intent of the zoning code close to a major intersection. The developer has begun the process for subdivision review which includes providing a traffic study.

7) Will the new zoning 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.Specifically, newly annexed properties at a minimum need to provide a mix of zones and this is consistent with the Neighborhood PND requirements and desire for new neighborhoods in the City of Billings.

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. The surrounding developed subdivisions are primarily N3 and N2 zones with a PD close to the south. Those surrounding zone districts are extremely compatible with the proposed development with primarily single family dwellings which is consistent with the new development being proposed and the neighborhood PND.

9) Will the new zoning conserve the value of buildings?
The property is an undeveloped parcel and it is currently in the N3 zone. This criteria is not necessarily applicable to undeveloped property as there are no issues of conformity that would compromise value. Further, approval of the zone change will provide certainty to surrounding landowners of impending development 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 Neighborhood PND zone change process with N2, N3 and Public 1 zoning will encourage an 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. Specifically, newly annexed properties at a minimum need to provide a mix of zones and this is consistent with the Neighborhood PND requirements.