This is a zone change request from Residential Professional (RP) to Community Commercial (CC) on a 1.42-acre portion of C/S 2465, Parcel 6A, a 39.38-acre parcel of land. The property is generally located north of Rimrock Road and West of 62nd Street West. A pre-application neighborhood meeting was held on October 25, 2017 at the Yellowstone Country Club, 3200 Paul Allen Way. The Zoning Commission conducted a hearing on December 5, 2017, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 4 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: Magnus Land Development, LLC.
Agent: Performance Engineering

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.

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:
 
Essential Investments, Strong Neighborhoods and Community Fabric: Neighborhoods that are safe and attractive and provide essential services are much desired.

• The proposed zoning would allow neighborhood services in this mixed use area at an intersection where commercial nodes are encouraged.

2.   Is the new zoning designed to be 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 proposed zoning allows a wide variety of commercial uses. A commercial node will provide opportunity for neighborhood services to develop that are not currently in place.
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:            Less than 1.5 acres of additional property is proposed to be zoned CC. There will likely be some increase in traffic. The area is served by two principle arterials, Rimrock Road and 62^nd Street West.
Water and Sewer:        The property was previously annexed into the City Limits and will be served by municipal water and sewer.  
Schools and Parks:      Schools should not be affected by the proposed zoning.
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.
 
6.   Will the new zoning effect motorized and non-motorized transportation?
The new zoning should have some effect on vehicle and pedestrian traffic. Since this development is in the City, critical pedestrian infrastructure like sidewalks will be required.  The existing zoning could have a significant impact on the surrounding street networks given the variety of uses which are allowed in RP and CC zonings. The addition of 1.42 acres from RP to CC could have some or no effect on motorized traffic. The intended use stated in the application is multifamily and commercial office space. Multi-family housing is not allowable in RP, but is in Community Commercial. This could potentially cause an increase in number of vehicular trips per day.
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatible urban growth in this area. The intended commercial use is not an intrusion to the area and would be an extension of an existing CC zone. Given the proximity to Rimrock and 62^nd, the intersection is an ideal location to provide neighborhood services.
 
8.   Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The subject property is surrounded by a rapidly developing area of west Billings. Multi-family zoning is located just north of the property as well as single family and two family zones. Commercial uses do not intrude on the existing character of the neighborhood as they would provide essential neighborhood services.
 
9.   Will the new zoning conserve the value of buildings?
The property is currently undeveloped. Approval of the zone change would encourage infill development on a city parcel that is vacant and unimproved.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning may encourage the most appropriate use of this land in Billings. This specific location and use is appropriate.

Until lots are developed, 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 an application to change to change a portion of Residential Professional zoned land to Community Commercial. The proposal shifts the CC boundary line north approximately 98’ creating an additional 1.42 acres of land zoned CC. The RP zone will decrease from 5.13 acres to 3.71 acres and the CC zone will increase from 12.59 acres to 14.01 acres.  The previous owner determined where the boundaries of the zoning districts would be on the undivided land. The new owner is wishing to amend the boundaries to match up with the property line boundaries for the conditionally approved Coal Creek Subdivision.

The property to the north and west is R-70 and has developed as single-family homes. The property to the south is zoned R-15 and is low density residential and agricultural land. Uses to the east include low density residential, an automotive shop and vacant land that is zoned public.  Uses allowed within the CC zone includes multi-family residences, large and small retail, business services, bars & casinos (special review required), restaurants, auto sales and service, as well as many other intense commercial uses.

The Planning staff has reviewed the application and is recommending approval based on the findings of the 10 review criteria. The proposed zoning and use of the property is compatible with the adjacent and surrounding land uses. The 2016 Growth Policy support the proposed zoning and use in this area of mixed uses and zoning.

The Zoning Commission conducted a public hearing on December 5, 2017, and received a staff report and recommendation. The Zoning Commission asked staff how large the area was in question. Staff replied the CC zoned area is currently 12.59 acres and the application would adjust the boundary to have the CC area be just over 14 acres.  Additionally, the current RP zoning is 5.13 acres and would be reduced to 3.71 acres. The Zoning Commission inquired about the curve of the road and the intersection at Rimrock and 62nd. Staff stated MDT had plans to make it an improved intersection, it could be signalized or a roundabout.

There was no other testimony in in regards to the zone change request.

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