The Zoning Commission recommended approval and adoption of the findings of the 10 review criteria for Zone Change 1032. The City Council approved the zone change on first reading on July 24, 2023. A second reading is required to give final approval to the zone change. Staff recommends the City Council approve the ordinance on second reading to be consistent with first reading action.

A zone change request from Agricultural-General (A) to Public 2 (P2) on Tract C of Certificate of Survey No. 3795, a 72.77 acre parcel of land. There is a concurrent petition for annexation. Tax ID: D05250B

This zone change request is to allow the annexation of city-owned land adjacent to the Billings Logan International Airport and bring all current airport property into the City Limits. A requirement for all annexations into the city is the property must have a zoning designation recognized by the City Zoning Code. The property is currently zoned Agriculture which is not a zone recognized by the city, therefore requiring a zone a change.

APPLICATION DATA
OWNER: City of Billings
AGENT: City of Billings Administration and Airport
LEGAL DESCRIPTION: Tract C of Certificate of Survey No. 3795
ADDRESS: N/A
CURRENT ZONING: Agriculture (A) (County)
EXISTING LAND USE: Vacant
PROPOSED USE: Airport Facilities
SIZE OF PARCEL: 72.77 gross net acres

CONCURRENT APPLICATIONS:
Petition for Annexation 23-05

SURROUNDING ZONING AND LAND USE:
NORTH: Zoning: Agriculture (A)
Land Use: Vacant Land
SOUTH: Zoning: Public 2 (P2)
Land Use: Airport Terminal
EAST: Zoning: Agriculture (A)
Land Use: Vacant
WEST: Zoning: Public 2 (P2)
Land Use: Airport Runway

Once property is under airport ownership, airports are required by federal grant assurances to utilize airport property to generate the maximum revenue possible to make the airport self-sufficient. To generate the maximum amount of revenue from airport property, while protecting the operation of the airport, it is necessary to have the appropriate zoning and it is in the best interest of the airport to have all airport property within the City limits for full access to City services and governance over the land. The requested annexation will bring all current airport property into the City limits.

The Zoning Commission is required to hold a public hearing prior to making a recommendation to City Council. The City Council will hold a subsequent hearing when considering the Zoning Commission's recommendation. The Hearing(s) are advertised in the Yellowstone County News. No surrounding owners contacted the Planning staff prior to the writing of this report.

Zoning Commission
The Zoning Commission conducted a public hearing on July 11 and received the staff recommendation at which there was no public testimony. Zoning Commissioner Gross inquired on the property ownership of the adjacent property to the north of the subject parcel, which was still under the ownership of Alkali Timbers LLC. There was no additional discussion. The public hearing was closed and Commission member Daniel Brooks made a motion to recommend approval and adoption of the findings of the ten review criteria for Zone Change 1030. The motion was seconded by Commission member Trina White and was approved on a 4 to 0 vote.

City Council Public Hearing
The City Council conducted a public hearing on July 24, 2023, and received the Zoning Commission Recommendation. Airport Director Jeff Roach provided commentary on the necessity of the annexation and zone change and the benefit to airport. Council Member Boyett inquired if there were any intentions to develop the annexed properties, to which Director Roach responded in the negative. Council Member Neese inquired if the annexed areas are available for development, with Director Roach responding that certain portions of the annexed ares could be developed, but most of the area is dedicated to secure airspace. Mayor Cole then inquired if the airport could support metropolitan travel volume, citing the limited space to expand and growth figures for the City of Billings, and if relocating the airport would be ultimately necessary. Director Roach mentioned the airport has an excess of airport infrastructure and the airport may acquire additional properties in the future to facilitate growth. Council Member Purinton requested clarification whether the properties were all city owned. No other testimony was received. Council Member Boyett made a motion to approve the proposed zone change and adopt the findings of the 10 review criteria. The Motion was seconded by council member Neese, and the motion was approved on a unanimous vote.

The City Council may:

• Approve and adopt of the findings of the ten review criteria for Zone Change 1032; or,
• Deny and adopt different findings of the ten review criteria for Zone Change 1032; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request.

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

Prior to any decision, the City Council shall consider the proposed findings of the ten review criteria as recommended by the Zoning Commission:

1. Is the new zoning designed in accordance with the Growth Policy? 
The proposed zoning does conform to the following City of Billings 2016 Growth Policy and guidelines:
Essential Investments (relating public and private expenditures to public values)
The safety of all users and the connectivity of the transportation system are important criteria to consider in roadway designs and transportation plans
Infill development and development near existing City infrastructure may be the most cost-effective.
Infrastructure and service investments that stabilize or improve property values, secure future utility costs, consider maintenance costs, and improve our environmental quality far into the future (i.e. energy efficient) are desirable
Prosperity (promoting equal opportunity and economic advancement)
A diversity of available jobs can ensure a strong Billings’ economy·
Successful businesses that provide local jobs benefit the community·
Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses·
Retaining and supporting existing businesses helps sustain a healthy economy·

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 to provide security from fire and other dangers. Buildings developed within the city limits will comply with building and fire safety codes.

3. Whether the new zoning will promote public health, public safety and general welfare?
Yes, this zone change will provide for the future safety of the airport and airspace above it. The P2 zoning will enable the City to add to its service facilities.

4, Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: Tract C of Certificate of Survey No. 3795 is accessible from the fire access road along Billings-Logan International-Airport, but otherwise has no public access. Because this is airport controlled property security is important. The lack of other public access is not a concern.
Water and Sewer: The City will provide water and sewer to the property if facilities requiring them are developed, however, there are no plans for development. 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 would require minimum setbacks, maximum building heights and maximum lot coverage. These requirements should allow adequate light and air to reach the subject property and adjacent properties.

6. Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning itself will not generate more traffic on any of the adjacent streets; there is no public access to the site. And the zone change does not contemplate additional development at this time.

7. Will the new zoning promote compatible urban growth?
The proposed zone change will not negatively impact urban growth. The parcel will continue to be used in support of airport facilities. 

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 properties are similarly zoned P2, as is the rest of the airport campus. Other surrounding parcels are vacant lots with Agricultural zoning. 

9. Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. Any development of the properties will need to meet the applicable site development requirements in the zoning code, including landscaping, screening, building heights and setbacks for the applicable commercial or residential district.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning does encourage the most appropriate use of land in this area of the City. This parcel is already owned by the Billings-Logan International Airport, and the zone change will reflect is existing and future public infrastructure use.