Planning staff recommends approval and adoption of the findings of the 10 review criteria for Zone Change 1047.

This is a zone change request for a property currently zoned Suburban Neighborhood (N3) in the 7th and 8th Filings of Copper Ridge Subdivision located on the west end of Rimrock Road. Rimrock Road essentially dead ends at the railroad right of way at the city limits. There is a rail trestle that allows passage under the tracks, but it is rarely used except by property owners to the west. The applicant is proposing to re-zone approximately 62.5 acres of yet-to-be developed portions of Copper Ridge. The zoning before the 2021 update was Residential 5,000 (R50) to allow the development of two-family dwellings on lots of at least 8,000 square feet. When the city consolidated and changed to neighborhood zone districts, most of Copper Ridge Subdivision was updated to N3. The owners now want to re-zone the undeveloped land to allow more housing choices in the last phases of Copper Ridge Subdivision. The proposed zoning will also include 14.8 acres of open space (P1) to meet the dedication requirements for parkland in subdivisions and provide a larger central neighborhood park. Of the 62.5 acre property, 30.8 acres is proposed as First Neighborhood (N1 - 1 or 2-unit structures), five acres are proposed for Mixed Residential 1 (NX1 - 1 to 4 unit structures), and about 12 acres are proposed for Mixed Residential 2 (NX2 - 2 to 8-unit structures). The proposed NX2 zone is at the west edge of the city limits. The owner wants to accommodate a development plan that includes multifamily buildings with more than 4 units per structure. The proposed NX2 zone will be more than 1,700 feet west of the single family homes on Copper Bend Blvd and Shiny Penny Way. The applicant has submitted an exhibit that shows the exact proposed zone boundaries for each new zone district. The N3 zone allows 3-story homes (up to 34 feet), N1 and NX1 allow 2.5 stories (up to 27 feet), and NX2 allows 3 stories for apartments or 2.5 stories for side-by-side units.

This area of Billings has been developing over the past 20 years following the extension of 8 miles of city and water infrastructure past Shiloh Road (2001/2002). This allowed Ironwood Subdivision, Augusta Ranch and Falcon Ridge subdivisions to develop in low density suburban neighborhoods. These facility extensions were done by the city with only minor contributions from the developers except where the water and sewer lines entered the new subdivisions. This also allowed the Yellowstone Club Estates subdivision to annex and connect to the municipal sewer services. The city also took over the existing water service pipes and infrastructure from the homeowner's association.

After the development of several hundred homes in this area, the city needed to install a new water reservoir above Ironwood Subdivision to ensure adequate water pressure for homes, especially those with a 2nd or 3rd story. It is estimated by City Utilities that 16% of all daily city water demand during the summer months is from this area of West Billings.

There are very few housing types available in this area of West Billings. There are a few duplexes and some 4-unit buildings in Falcon Ridge Subdivision. Coal Creek Subdivision south of Falcon Ridge is all two-unit townhomes. Augusta Ranch also has a handful of single unit townhomes on the east side of Molt Road. A few annexed and subdivided parcels have brought in new zone districts and housing options to West Billings including Sweetgrass Creek (south of Rimrock Rd between 54th St W and 58th St W), Buffalo Crossing and 54 West Subdivision at 54th St W and Rimrock Rd. Existing subdivisions with undeveloped land are also beginning to recalculate the market for housing choice in West Billlings. 
   
Housing demand reached a high level in 2021 and the trend continues into 2024. Supply of all types of housing choices has not kept up with the demand. At least two decades ago, local planning and growth policy documents indicated a need for independent living units for aging residents who want to "downsize" from a maintenance heavy single family dwelling on a large lot to unit ownership or townhomes as well as rental apartments. The 2010 Census indicated Billings, like many other urban areas, saw a reduction in average household size to 2.3 persons. Smaller households, aging residents and the higher costs of all housing have driven the demand for apartments, townhomes, and smaller multifamily dwellings (studios and 1-bedroom units). The city gave final approval (certificates of occupancy) to over 680 apartment units in 2023 - more than any other prior year. Developers have made robust investments in multifamily dwelling choices in west Billings but less so in northwest Billings. There have been more new residential developments south of Broadwater Avenue than this area to the north and west. The most recent multifamily dwelling development in West Billings is the Zimmerman Home Place apartments approximately five miles to the south and west. Prior to Zimmerman Home Place, new apartments were developed at 41st St West and Avenue C - Wheatbaker Patio Homes in 2016. Prior to 2016, only a handful of multifamily dwellings were built (Grand Peaks and Falcon Ridge) north of Broadwater. There is a significant deficit in this type of housing choice in this area of West Billings.

There are challenges to an area of urban development that is on property on the very edge of the urban/rural interface with only a small amount of existing suburban development (east). It is not possible to project future development for areas outside the County's zoning boundary. The property south of Rimrock Road has been added to the area of anticipated annexation in the next five years. This is not meant to ensure existing development patterns continue to the edge of the city limits. The development plan should include similar and compatible zone districts, connectivity where and when needed, and recognition of similar goals for all types of property. The 2016 Billings Growth Policy and the 2001 West Billings Neighborhood Plan goals and policies support the proposed changes to the district zone boundaries. The West Billings Neighborhood Plan goals and objectives stated the need to locate compatible uses and offer a range of housing choices and development densities. The proposed zone change supports these goals. The 2016 Billings Growth Policy supports a broad range of housing choices, encourages more walkable neighborhoods with connectivity to other transportation options, and building the community fabric through urban-designed public spaces. The proposed zone change supports these goals as well.
 

The applicant conducted a pre-application neighborhood meeting on January 25, 2024, at 7043 Copper Sunset Drive. The pre-application meeting synopsis is attached to this report. Twenty-nine surrounding property owners signed the attendance sheet for the meeting. The Planning staff has received copies of emails on this zone change that were sent to the City Council as well as a number sent directly to staff prior to the Zoning Commission meeting. Planning staff provided some clarification to neighborhood inquiries on the proposed zone change and how traffic impacts are evaluated and at what point those impacts can be evaluated.

The Zoning Commission may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1047; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1047; or,
• Delay action on the zone change request for up to 60 days at the request of the applicant or on its own motion; or,
• Allow the applicant to withdraw the zone change request.

The Zoning Commission must make a recommendation on the application. A tie vote on a motion will require the item to be placed back on the next available agenda for another motion and vote. The applicant has not requested a delay or withdrawal of the application.

 

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

• Policy A "Promote efficient utilization of land within the West Billings planning area by promoting well-designed, more pedestrian friendly, urban development patterns with a mix of uses and an efficient, creative use of land."
• Policy K "Increase residential densities within the West Billings planning area by approving requests for residential zoning that are consistent with this plan."
• Policy M "Development in the West Billings planning area shall provide for a variety of residential types and densities."
• Policy N "Medium and high-density residential development(including elderly and disabled housing) should be located nearby and within walking distance to commercial centers, medical facilities, parks, and recreational amenities."
• Policy R "Encourage innovative land-use planning techniques to be used in building higher density and mixed-use developments as well as infill developments."

• Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill and social interaction
• Safe and livable neighborhoods can be achieved through subdivision design that focuses on complete streets, pedestrian-scale streetlights, street trees and walkable access to public spaces
• Neighborhoods that are safe and attractive and provide essential services are much desired
• Implementation of the Infill Policy is important to encourage development of underutilized properties

• A mix of housing types that meet the needs of a diverse population is important
• The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development
• Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
• Planning and construction of interconnected sidewalks and trails are important to the economy and livability of Billings
• Public safety and emergency service response are critical to the well-being of Billings' residents
• Homes that are safe and sound support a healthy community

• Transportation: The applicant will need to ensure the existing traffic impact study completed for the subdivision adequately addresses the new zoning and the specific development for the property. The Engineering Division will ensure this is done prior to any approval of a development plan. Each single family dwelling generates about 10-13 daily traffic trips while apartments and townhomes generate between 7–10 trips per day.
• Water and Sewer: The City will provide water and sewer to the property. There will be no additional impacts to the system from the proposed changes. Existing seasonal low water pressure will be addressed by City Engineering.
• Schools and Parks: Schools and parks may be effected by the proposed zone change and completion of this city neighborhood. School District 2 did not provide any comments. Boulder Elementary School had 501 students in the current school year with a student teacher ratio of about 20 students per teacher. The student capacity of Boulder school is 450 students. Ben Steele has a capacity of 750 with 795 students enrolled last year with a teacher student ratio of 17.1 students per teacher. West High School has a capacity of 1,731 students with an enrollment last year of 2,180 students with a teacher student ratio of 15.91. The closest public park to the subject property is Copper Ridge neighborhood park on Lucky Penny Lane. The closest developed community park will be Cottonwood Park on 54th St West south of Rimrock Road. The city also owns Phipps Park, a 350-acre mostly natural park north of the railroad tracks. There are jogging trails and a disc golf course. This city park is outside the city limits. Planning staff did not receive any comments from Parks, Recreation and Public Lands staff concerning this zone change. Any development in the NX zone districts greater than 3 acres requires provision of on-site open space for the new residents use. The types and locations of such open spaces will be determined at the time of a final development plan review with staff.
• 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?
Similar to criteria 2 and 3, the proposed N and NX zones, like all zones, requires minimum property line setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant, therefore any new structure will be required to meet the standards required by Section 27-300.

6) Will the new zoning effect motorized and non-motorized transportation?
Non-motorized travel -- walking and biking -- is an essential part of the Copper Ridge neighborhood. This will continue to be the case in this final building phase of Copper Ridge. Pedestrian connections will be ensured through the development. The city will be undertaking improvements to Rimrock Rd west of 54th St W to complete pedestrian facilities and improve traffic safety. The most recent traffic counts at Rimrock Rd just west of the intersection with 62nd St West are about 2,500 vehicle trips per day. Improvements to this intersection are planned as part of the traffic management for the neighborhoods in the area.

7) Will the new zoning promote compatible urban growth?
The proposed increase in the overall development density is compatible with urban growth and the provision of city level services to the new residents. The proposed zone district boundaries are consistent with the urban growth in this area and will be compatible with the surrounding neighborhoods. Falcon Ridge to the east has some similar zoning of NX1 and NX2 based on the previous zoning for multifamily development. Compatibility of these residential districts is preserved by the site and structure standards required in Sections 27-307 and 27-308. Further site development requirements for parking, landscaping, frontage improvements will be required with new development. Additional housing types and choices will contribute to a neighborhood that is resilient and open to residents of all ages.

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. This area is completing the development of a city neighborhood. The city's investment in public infrastructure in the area is spurring the development of new areas for city infill. The existing zones and development pattern for the area is suitable for the NX1, NX2 and N1 districts as shown on the zoning exhibit.

9) Will the new zoning conserve the value of buildings?
The property is an undeveloped agricultural parcel that is in proximity to all city services. Approval of the zone change will provide a housing choice in a residential area where there are few options other than single unit dwellings on large lots. The zoning designation itself will not influence the value of buildings. In general, new development increases the value of adjacent property. 

10) Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will encourage the most appropriate use of this land in Billings. The proposed NX1 and NX2 will be placed so the districts will face across a local street. Residential zone districts either N or NX have inherent compatibility The N1 zoning, that allows single family and two-family is compatible with the N3 to the east.