Item #2 - Zone Change #671 - A zone change request from Agriculture-Open Space (A-1) to Planned Development with a mix of land uses including residential and commercial Tracts 1 & 2 of C/S 3592 and Tract 1 & 2 of C/S 3594, a 142 acre parcel of land. A pre-application meeting was conducted on December 28, 2105, at McCall Homes at 1536 Mullowney Lane. Tax IDs: D01915, D01916. Presented by: Nicole Cromwell, Zoning Coordinator

The Planning Division recommends approval and adoption of the findings of the 11 criteria for Zone Change 671.

OWNER: McCall Development; Leroy & Norma Walter; Gary Armstrong; Yellowstone Boys & Girls Ranch Foundation
AGENT: McCall Development
LEGAL DESCRIPTION: C/S 3592 Tracts 1 & 2; C/S 3594 Tracts 1 & 2
ADDRESS: Southeast corner of the intersection of Elysian Road and East Lane
CURRENT ZONING: A-1
EXISTING LAND USE: Agriculture
PROPOSED USE: Josephine Landing Neighborhoods
SIZE OF PARCEL: 142 acres

None currently. An expedited subdivision plat was processed and will be recorded soon related to some of the tracts affected by this zone change and subsequent requests for annexation to the city and phased subdivision filings are anticipated.

Subject Property
The property is in the original zoning designation of A-1 as applied by the County in 1973. There have been no applications for variances, zone changes or special review uses on these parcels.

Surrounding Property
There have several recent zone changes to property in this area, including a zone change in 2006 and again in 2014 for the Harmony Meadows property to the east and a 2015 zone change for the Quarnburg Farm to the north. Both zone changes included multiple zoning districts for potential new neighborhoods and developments. To the West, the Viking Land Corporation had a 2013 zone change to Planned Development with underlying zoning of Highway Commercial (HC) and Controlled Industrial (CI). Uses allowed in this PD are very restricted in order to protect the Elysian Elementary School and its recent expansion.

NORTH:	Zoning: Neighborhood Commercial (NC) Land Use: Agricultural (Turf Farm)
SOUTH:	Zoning: A-1 Land Use: Agricultural
EAST:	Zoning: Community Commercial (CC) and Residential Multi-family-Restricted (RMF-R) Land Use: Harmony Meadows - recently annexed to the city
WEST:	Zoning: Viking Land PD, Public and Controlled Industrial (CI) Land Use: Elysian Elementary School, Agricultural and Rural Industrial uses

The applicant is requesting to rezone an 142-acre parcel of land from A-1 to Planned Development for the purpose of developing a mixed use residential neighborhood with a full complement of housing choices, neighborhood services, open spaces and a development that promotes sustainability, diversity, community health and safety. The property has frontage on Elysian Road to the north and East Lane to the west. It is currently used for agricultural production. Annexation and phased subdivision filings are anticipated in the near future. The proposed zone change would allow McCall Development and its partners to develop this new neighborhood while preserving the agricultural uses in the county. Also allowed within the proposed PD are lodging facilities, offices, retail services, educational facilities and child care. The PD also has a list of uses proposed to be prohibited including gambling, alcohol sales except as part of a restaurant or retail business, and adult businesses. There are 2 main designations within the proposed PD - the T4 and the T5. These designations relate specifically to the form and uses allowed in those areas. The T4 is reserved for the uses allowed in the Residential section of the use table. The T5 allows residential as well as other uses that are compatible. The T4 zone allows 3 story structures and the T5 allows 5 story buildings. There is no numerical height limit in either district. Principal buildings in the T4 zone can be setback from the front property line from 5 feet to a maximum of 18 feet. These narrow setbacks encourage the sociability or neighbors and frame the street so outdoor activity is encouraged. All residential off-street parking is from alleys so driveways from the front will not interrupt the neighborhood fabric. On-street parking is provided and can be counted towards the required off-street parking requirements. A 70% lot coverage limitation applies to the T4 zone and an 80% lot coverage limitation for the T5 zone. The PD includes a concept Master Plan of the layout of Josephine Landing. The subdivision may vary from the concept plan as it develops but the essential elements will be included.
 
The Planning Division held a Preliminary Review meeting with the surrounding owners, the developers, and city staff on January 21, 2016. In addition to county and city staff, the owner and agent for Quarnburg Farming Corporation attended. Staff and others reviewed the PD and recommended some minor changes to the wording to clarify the language. A re-submitted draft of the PD document is expected prior to the County Zoning Commission hearing. 
 
The proposed zoning is residential with allowance in the northern T5 area for a mixture of uses that are compatible and provide services to the neighborhood. Open space, parks and walkways will be provided throughout the district to emphasize the livability of the area. There are existing agricultural uses in the area and the property to the north will eventually be sold and developed for commercial or multi-family uses. The subdivision to the east, Harmony Meadows, is currently in the subdivision process to create lots for commercial uses and multi-family residences. 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 east. City services are available and can be extended to serve this property as McCall Development is ready to develop. The property has street frontage on the west and north and is planning to provide 2 connections to the east with Harmony Meadows. Any impacts to the adjacent streets will be mitigated through the subdivision process.  
 
The Planning Division has reviewed this application and is recommending approval based on the attached eleven (11) criteria for zone changes. The subject property is located in an area of growth in the Southwest Corridor of Billings. There are adjacent subdivisions preparing for development and agricultural uses to the west. The property will annex and develop in phases so impacts to adjacent county roads can be minimized. Improvements to Elysian Road will occur in the near future starting with Harmony Meadows and proceeding west as Josephine Landing develops. This road provides the primary route to Elysian Elementary School so full facilities for pedestrians, bicyclists and other alternate travel modes will be provided. Agricultural use for a majority of the property will likely continue for a number of years as Josephine Landing develops. The proposed zoning supports the 2008 Growth Policy goal of locating compatible uses in proximity to similar uses. Any effects of the proposed development on traffic, non-motorized travel, public safety, irrigation ditches, and agricultural uses will be mitigated through the subdivision process. The 2008 Growth Policy also encourages predictable land use decisions that are consistent with neighborhood character and land use patterns. The proposed zoning is consistent with this neighborhood and land use pattern.
 

The Planning Division recommends approval and adoption of the findings of the 11 criteria for Zone Change 671.