This is a zone change request from Public (P) to Planned Development (PD) Josephine Crossing – Residential Neighborhood on an un-platted 12.263 acre parcel of land directly west of the existing Josephine Crossing PD. The property is currently owned by the Roman Catholic Church and is leased for agricultural production. The property is outside the city limits, but a concurrent annexation petition has been submitted. The agent for the application is McCall Development. A pre-application neighborhood meeting was held on May 27, 2014, and a Preliminary Review meeting was held June 11, 2014. The Zoning Commission conducted a public hearing on August 5, 2014, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria for Zone Change 921.

State law at Section 76-2-304, MCA, requires that all zone changes be reviewed in accordance with 10 criteria. Using the 10 criteria to determine the
appropriateness of the zone change request, the City Council may:
1. Approve the zone change request
2. Deny the zone change request
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

If the zone change is approved the property will be added to the tax base for the city. As the lots are developed, additional tax base and maintenance fee revenue will be realized. The incremental increase in demand for city services will be less than a subdivision with the same number of dwelling units in a standard residential zoning district.

The applicant is requesting to rezone a 12.263 acre parcel of land from Public to Planned Development – Josephine Crossing, Residential Neighborhood. The property is directly adjacent to, and west of, the existing Josephine Crossing Planned Development. An annexation request and a preliminary subdivision are also in process at this time. The preliminary subdivision plan is for 84 building lots. The preliminary subdivision includes land in the existing Josephine Crossing PD and this additional area. The Josephine Crossing Residential Neighborhood has a maximum density of 6 dwelling units per gross acre of land. The proposed zone change would allow up to 92 dwelling units on the property. The applicant is preparing an update to the Traffic Accessibility Study as part of the subdivision review. The proposed number of dwelling units could add up to 840 additional vehicle trips per day to the Elysian Road, Mullowney Lane intersection. Property to the north is zoned Highway Commercial (HC) and is the Riverfront Pointe Estates Subdivision. This is a neighborhood of mixed housing types including single family, two family, and multi-family dwellings. Riverfront Pointe Estates also has several larger lots with frontage on Mullowney Lane that may develop for commercial uses or mixed uses. West of the subject property is a mixture of land uses and zoning districts in the County. These districts include Controlled Industrial (CI), Residential Manufactured Home (RMH), HC, residential and agricultural zones.
 
The property is within the limits of annexation for Billings and a petition for annexation has been submitted. The original PD zone change was approved in June 2006 for approximately 61 acres of land. The development plan adopted included approximately 400 dwelling units. The neighborhood has developed in four subdivision filings and all lots have either been developed or purchased for development at this time. Josephine Crossing utilizes the principals of traditional neighborhood design to promote a walkable urban environment. The original PD also included a Town Square to allow commercial uses and service business for the neighborhood. Public and private parks are located throughout the neighborhood.
 
The Planning Division held a Preliminary Review meeting with the surrounding owners, the developers, and city staff. Several surrounding neighbors expressed concern with traffic on Mullowney Lane, in particular the intersection of Mullowney Lane, Midland Road and South Frontage Road to the north. In addition, concerns were expressed with the allowed building height of 4 stories. The developers have engaged a professional engineer to study the additional traffic from the proposed subdivision and acknowledge the traffic issue at the signalized intersection on the north end of Mullowney Lane. The intersection is not directly adjacent to the property and many other land uses in the area contribute traffic to this intersection. The developers committed to provide whatever mitigation is required as a result of the traffic study. The PD zone has always allowed a 4 story height limit in the Residential Neighborhood. The developers were amenable to amending this section to reflect the actual development pattern in Josephine Crossing Residential Neighborhood which is 2 stories.

The proposed zoning is residential and should not have an effect on the residential character of the area. There are existing agricultural uses in the area but these uses have been adjacent to these residential subdivisions for a number of years. This proposed city subdivision should be compatible with the adjacent residences and agricultural uses in the area. The 2008 Growth Policy encourages compatible developments and annexations of property adjacent to the city limits. This property is adjacent to the city limits to the north and east. City services are available and can be extended to serve this new section of Josephine Crossing.   
 
The property has access to Elysian Road and will have connecting streets and alleys to the existing Josephine Crossing neighborhood. Any impacts to the adjacent streets will be mitigated through the subdivision process.

The Zoning Commission conducted a public hearing on August 5, 2014, and received the staff recommendation and testimony from the applicant's agent, Brad McCall and Gus Gustafuson, a surrounding owner from Riverfront Pointe Estates.

Mr. McCall stated they have always considered purchasing additional land from the Catholic Diocese for expansion of Josephine Crossing. The church and the cemetery board have undergone staffing and administrative changes in the last few years and talks on additional land purchases progressed. Mr. McCall stated the lots will be mostly for single family residences with two lots for townhome development near the new entrance road off Elysian Road. Mr. McCall stated the updated traffic study is reviewing the impact to the Mullowney Lane, Midland Road, and South Frontage Road signal. The subdivision will make a cash contribution based on this impact so the intersection can be improved to improve northbound traffic flow. Mr. McCall stated the intersection of Elysian and Mullowney Lane functions very well and it will handle the additional traffic from this new section of Josephine Crossing. Mr. McCall stated the PD allows up to 4 stories in the residential neighborhood, but as a practical matter all of the homes developed so far are mostly 2 stories. Mr. McCall stated they would be willing to change the required maximum from 4 stories to 2 or 2.5 stories.

Mr. Gustafson stated he was concerned about the impact to his property which is on the south side of Sacagewea Drive. He stated his back yard is on Elysian Road and will now be across the street from this new subdivision. He stated he bought his property thinking the church property and cemetery would make a quiet setting for his home and preserve the view from his back yard to the South Hills. Mr. Gustafson stated it would be better if the first few rows of lots in the new subdivision were restricted to single story homes.

Mr. McCall provided rebuttal testimony. He stated the lots at the entryway will be for 2 to 3 story attached townhomes. He stated these townhomes will face Elysian Road. Mr. McCall stated a 1 story height limitation for these lots would not be agreeable for their development plan or fit in with the Josephine Crossing development.

The Zoning Commission closed the public hearing. Commission member Mike Boyett made a motion to recommend approval and adoption of the findings of the 10 criteria fro Zone Change 921. The motion was seconded by Dan Wagner. The Commission discussed whether to amend the story height in the Residential Neighborhood from 4 stories to 2 stories. Mike Boyett did not think it was necessary to amend the PD document. The other member concurred. The Commission voted 4-0 in favor of the motion.

Prior to any decision on a zone change application the City Council shall consider the following findings of fact:
 
1.   Is the new zoning designed in accordance with the Growth Policy?
      The proposed zone change is consistent with the following goals of the Growth Policy:

• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6) 

The proposed zoning would allow expansion of the existing Josephine Crossing neighborhood to the west on land currently farmed. It is south of Elysian Road where the Riverfront Pointe Estates neighborhood is developing with a mixture of housing types. The proposed density of 6 dwelling units per acre is consistent with both neighborhoods. The adjacent agricultural activity is compatible with the proposed zoning. The annexation policy anticipates that several other parcels in the area will annex in the next 5-10 years and similar subdivisions will develop. The zoning district is compatible with the neighborhood character and land use patterns. The Residential Neighborhood zone is consistent with the neighborhood character.
 
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 will be promoted by the proposed zoning. Development of the agricultural land in the city after annexation, zoning and subdivision approval will promote the public health and safety of the adjacent residential neighborhood by providing public water and sewer and other public amenities to the area.
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning and subsequent subdivision will have an impact on the surrounding transportation systems. Mitigation of these impacts will be required as part of the subdivision approval.

Water and Sewer:  The City will provide water and sewer to the property. There should be no additional impact to the system from the proposed zoning.  
  
Schools and Parks: There will be an impact to schools from the proposed zone change. Additional classroom space has been planned and is under construction for Elysian School (elementary and middle school). School District #2 will provide space for high school students. School District #2 is also planning expansion of facilities to accommodate an increasing enrollment.    

Fire and Police: The subject property will be served by city public safety services. The Police Department had no concerns with the zone change and the Fire Department is involved in the subdivision approval process. Access for emergency services will assured through this process. Fire Station #5 is approximately 4.5 miles north and west of the subdivision. 
 
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?
The new zoning will have an effect on vehicle and pedestrian traffic. The access to Elysian Road and connections to the existing Josephine Crossing streets will be studied and mitigated through the subdivision process. The subdivision proposes to build boulevard sidewalks and an internal trail system.  
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow single family, two-family dwellings, accessory dwellings as well as multi-family dwellings as long as the average density of 6 units per gross acre is not exceeded. Higher density zones are compatible with arterial street access, and nearby commercial zones. Zoning that supports 6 or more dwelling units per acre is more efficient for providing public services.
 
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 a mix of housing types and density in the neighborhood.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently vacant and used for agricultural production. The Catholic Diocese has determined the property is not necessary for cemetery expansion.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit affordable residential uses and is the most appropriate use of the property at this location.