This is a zone change request from un-zoned to Residential 7,000 (R-70) and Residential 5,000 (R-50) on Tract 2A of C/S 2465 (R-70) and Tract 1 of C/S 1871 (R-50) a 116.18 acre parcel of land generally located north of Rimrock Road and west of Copper Ridge Subdivision. A pre-application neighborhood meeting was held on June 26, 2017 at the Yellowstone Country Club, 3200 Paul Allen Way. A concurrent annexation petition has been submitted. The Zoning Commission conducted a hearing on August 1, 2017, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 5 to 0 vote.

Zone Change applications are reviewed using statutory criteria referenced in the Alternatives Analyzed section of this memo. Zone Changes require approval through an ordinance. Zone Changes allow the change from one type of zoning district to another types of zoning – e.g. residential single family to residential multi-family or residential to commercial. A Zone Change cannot have conditions of approval and if approved, permits the owner to use the land for any purpose allowed within the zoning district.

City Council may:

• Approve the zone change and adopt the findings of the 10 criteria as recommended by the Zoning Commission;
• Deny the zone change and adopt different findings of the 10 criteria;
• Allow the applicant to withdraw the zone change; or
• Delay action on the zone change request for up to 30 days.

APPLICANT DATA
OWNER: Gary Oakland and Marvin Hessler
AGENT: Sanderson Stewart, Mac Folgelsong, P.E.

The Planning staff reviewed the requested zoning and recommended approval based on the proposed findings of the 10 criteria. The Zoning Commission concurred with the recommendation and the findings. The proposed zoning meets many of the 2016 Billings Growth Policy guidelines and is supported by the City's Annexation Policy. It is likely full development of the new neighborhood will be completed over an 8 to 15 year period similar to the adjacent Copper Ridge neighborhood.

Prior to making a decision on the requested zone change, the City Council shall consider the following findings and 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:

• Home Base: A mix of housing types that meet the needs of a diverse population is important.

The proposed zoning would allow this developer to offer single family and two family dwellings in either a unit ownership development or in a traditional subdivision.  

• Strong Neighborhoods: Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction

The proposed zoning will allow a progression of development in this area and will connect to neighborhood services, public gathering spaces and open space.

• Strong Neighborhoods: Implementation of the Infill Policy is important to encourage development of underutilized properties

The property is currently outside the city limits but is within the limits of annexation. The proposed zoning of the property is a more efficient use of property for the extension of city services, and supports a variety of housing choices.

• Strong Neighborhoods: Public safety and emergency service response are critical to the well-being of Billings’ residents and businesses

The proposed zoning and annexation is directly adjacent to the existing city limits where city public safety services are already provided. This incremental expansion will allow these services to be extended with limited impact to its current capacity.  

• Home Base: Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe

The proposed zoning and development will allow the opportunity to provide attainable housing choices in a high-demand area of West Billings.

• Prosperity: Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers

The proposed zoning and development will provide an incremental expansion of the city, at a more efficient density. This will encourage and stabilize the cost of services in this area and will allow the city to set predictable and reasonable rates for taxes and assessments city-wide.
 
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. The existing parcel is outside the city limits and used for irrigated and non-irrigated farmland. New infrastructure for roads, utilities and sidewalks will need to be installed prior to building the proposed dwellings. The proposed zoning would allow the developer to market these housing units to a broad range of buyers.

4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:  The proposed zoning and subsequent development will require a traffic study prior to development. The study will identify the required improvements to the surrounding transportation systems.
Water and Sewer:  The City will provide water and sewer to the property. The developer will be responsible for the installation of these improvements. There will be no additional impacts to the system from the proposed zoning.   
Schools and Parks: Schools and parks may be significantly affected by the proposed zone change. Additional dwelling units will add students to schools depending on the market for these new homes. Recent new school facilities should be able to absorb these new students. Boulder Elementary may be at or over capacity based on the Urban Planning Study completed for the property. There are no public parks within the general area of the subject property with the exception of the linear neighborhood parks and trail system in the Copper Ridge Subdivision. The developer anticipates dedication of a park with area large enough for a programmed space such as playing fields and a playground.  
Fire and Police:  The subject property will be 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.
 
6.   Will the new zoning effect motorized and non-motorized transportation?
The new zoning will have an impact on vehicle and pedestrian traffic. The City Engineering Division will determine the required street, utility and sidewalk improvements required for the development of these lots based on a traffic study prepared when a development plan has been finalized. At the minimum development density of 464 dwelling units for the entire parcel, this could add up to over 4,600+ new vehicle trips to the surrounding streets. Safe pedestrian access to and from the development will need to be developed. It is likely most pedestrian access out of the development will occur to the east within the Copper Ridge neighborhood trail system. The recently updated Billings Bikeway and Trail Master Plan shows a shared use path and future bike lane for Rimrock Road as well as a platted shared use path northwest along the south boundary of Falcon Ridge Subdivision. The shared use path and the future bike lane on Rimrock Road would be part of the street improvements at the time of development or in a future SID.  
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow a greater variety of housing choices in this growing area of West Billings.
 
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 is similar to the zoning in the adjacent city subdivisions and the homes will likely be similar in style.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently un-developed and used for agricultural purposes. The value of existing buildings should not be affected by the proposed zoning and development.  
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow a more efficient density of development so extension of city services will be effective. The collector street frontage will allow ready vehicle access to and from the new development without impacting adjacent land uses.

Approval of the zone change will allow the applicant to proceed with subdivision development. After annexation, the City's tax base will expand to include this new territory. Until lots are development, City fees for storm water, arterial construction and street maintenance will be based on the vacant rate of assessment. After development, taxes and fees will be based on the developed valuation.

This is a zone change request submitted concurrently with a petition to annex this 116+/- acre parcel into the City Limits. The City has considered previous annexation concepts for this property over the past 10 years. The City Council, on advice of its Annexation Committee, agreed to amend the City's Limits of Annexation Map this year to include this parcel for potential annexation within the next 5 years. An Urban Planning Study was completed in 2016, and accepted by the Committee and the City Council.

The requested zoning of R-70 (14.5 acres) and R-50 (101.68 acres) will allow the developer, Oakland Companies, to respond to market demands as needed. Both requested zoning districts allow single family and two-family dwellings as of right, but exclude multi-family  dwellings (3 or more attached dwelling units). The 14.5-acre R-70 zoning district could support development of up to 55 two-family dwellings or 76 single family dwellings. A change to the zoning district requirements in 2012, now allows a two-family size parcel in the R-70 or R-50 zoning district to develop with either 2 detached or attached dwelling units. The 101.68-acre, R-50 zoning district could support 470 two- family dwellings or 752 single family dwellings. The proposed zoning and subsequent construction of new subdivisions will add a significant number of new residents to the City.

The Urban Planning Study prepared in the fall of 2016 predicted only 380 single family dwelling units for the subject property to estimate the impact from the proposed development on City services as well as tax revenue generation. The developer will determine through the subdivision process the total number of dwelling units within the new area. The City's adopted Annexation Policy requires new annexations to meet a minimum of 4 to 7 dwelling units per acre. The policy does not specify how this density is calculated, but a gross acre calculation of a minimum of 4 units per acre for the subject property yields 464 single family dwelling units. This number of dwelling units is estimated to generate about 4,600 new vehicle trips per day at full build out.

The primary connection of this parcel to the City street network will be Rimrock Road, a collector street in this area. The current construction of this road east of 70th Street West until its intersection with Copper Ridge Loop is a typical 2-lane county gravel road with barrow ditches on each side to collect storm water drainage. The City will require, through the subdivision process, a complete upgrade of Rimrock Road to City standards for a collector street, or provide a waiver of right to protest the future construction of the complete street improvements. Rimrock Road has only a 30 foot easement west of 70th Street West. A future subdivision of the subject property will require dedication of right of way for Rimrock Road on the north side. The latest traffic counts for the area indicate Rimrock Road just east of the intersection with Golden Acres Drive carries about 3,700 vehicles per day, Molt Road north of Ironwood Drive (Echo Canyon) carries about 1,770 vehicles per day, and 62nd Street West just south of Rimrock Road carries about 2,200 vehicles per day.

The 2016 Billings Growth Policy set guidelines for new development and land uses within the Billings City Limits. The subject property is directly adjacent to the current City Limits and extension of public utilities will not "leap frog" past property outside the City. This meets the guideline for Essential Investments within the Growth Policy: " Prioritize public and private investment in areas, policies, programs and projects that achieve the community vision by encouraging development within and adjacent to the existing city limits, but preference will be given to areas where city infrastructure exists or can be extended within a fiscally constrained budget and with consideration given to increased tax revenue from development." The proposed zoning also supports the Strong Neighborhoods and Home Base Guidelines: "Create and enhance strong neighborhoods that are clean and safe with streets and public places that provide convenient access for our  most vulnerable citizens – our children and grandparents. Enable a home environment for all residents that is healthy, safe and affordable, and offers a choice of housing options." The proposed zoning allows the developer to provide a wider variety of housing options compared to a single-family-only zoning district and could facilitate provision of neighborhood amenities not normally available in a suburban subdivision.

The Zoning Commission conducted a public hearing on August 1, 2017, and received the staff report and recommendation and testimony from the applicant's agent, Mac Folgelsong, and Gary Oakland, one of the owners. Additional testimony in favor of the zone change was received from Blaine Poppler, agent for the owner of property at 62nd Street West and Rimrock Road. There was no other testimony.

Dan Wagner, Chairman, closed the public hearing. Commission member Dennis Ulvestad made a motion to recommend approval and adoption of the findings of the 10 review criteria. The motion was seconded by Mike Boyett. The Commission voted 5 to 0 in favor of the motion.
 

The Consistency with Adopted Policies or Plans is stated above in the Alternatives Analyzed section.