This is a zone change request from Agriculture Open-Space (A-1) to Residential 6,000 (R-60) on a 19.57-acre parcel described as E2W2NWNW & W2E2NWNW of Section 4, Township 1 South, Range 25 East. The property has 1 dwelling and several agricultural buildings. The property is owned by Regal Land Development and the agent is Scott Worthington, P.E. A pre-application neighborhood meeting was held on March 13, 2014. The Zoning Commission conducted a public hearing on May 6, 2014, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 5 to 0 vote.

State law at Section 76-2-304, MCA, requires that all zone changes be reviewed in accordance with 10 criteria. Using the 10 criteria to determine the
appropriateness of the zone change request, the City Council may:
1. Approve the zone change request
2. Deny the zone change request
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

If the zone change is approved, the property may be developed for single and two family dwellings. The property will be assessed and taxed when the lots are developed. The property will add value to the city's tax base.

The applicant is requesting to rezone a 19.57 acre parcel of land from A-1, a County agricultural zone, to R-60 for the purpose of annexing, subdividing, and developing an urban density residential neighborhood. The current preliminary plan is for 74 lots with several lots large enough to accommodate either a duplex or 2 separate dwelling units. There are 10 lots large enough to allow for 3 or more attached dwelling units in the proposed R-60 zone. Multi-family uses in the proposed R-60 zoning are only allowed by special review approval of the City Council.  The adjacent zoning in the County is A-1, and most are larger parcels of 5 to 10 acres with single family homes. Property north of Grand Avenue in the city is zoned NC for commercial development at the intersection of 54^th Street West. These commercial lots have not yet developed. Property to the west includes a church, Hope Evangelical Church, on a 5-acre property at the intersection of Grand & 56^th Street West. The church was recently annexed to the city. On the southwest side of the intersection of 56^th St West and Grand Avenue is the new middle school site for School District #2.
 
The property is within the West Billings Neighborhood Plan area. The plan encourages the use of property along arterial streets, such as Grand Avenue, between major intersections to be developed for higher density residential uses. The proposed zoning of R-60 is a higher density residential zone that allows many housing types including single family, two-family and multi-family dwellings. Grand Avenue will be the primary entrance for the development but access may in the future connect with adjacent subdivisions to the south and east. This section of Grand Avenue has a posted speed limit of 50 miles per hour. Special consideration for traffic management will be necessary as the neighborhood is developed through the subdivision process. Grand Avenue currently carries about 4,000 vehicle trips per day in the area of this property. As nearby subdivisions are built and when the middle school is completed, this traffic will increase. The zone change per se does not increase traffic, but the potential new residents in the subdivision will add traffic to Grand Avenue. If the subdivision develops at the maximum density allowed, then 116 new dwellings could be constructed. This could add over 1,000 new vehicle trips to Grand Avenue. The developer may be required through the subdivision process to pay for traffic management improvements on Grand Avenue or adjacent street intersections.  
 
The applicant conducted a pre-application neighborhood meeting on March 13, 2014. Six surrounding property owners attended the meeting. There were questions regarding drainage and irrigation ditches, street improvements on Grand Avenue, dwelling types, parks and trail maintenance, and the temporary dead end streets. The meeting attendance list and meeting notes are included as Attachment C.
 
The proposed zoning is residential and should not have an effect on the residential character of the area. There are existing agricultural uses in the area but these uses have been adjacent to County residential subdivisions for a number of years. This proposed city subdivision should be compatible with the adjacent residences and agricultural uses in the area. 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 north and west but is also in an area where the city previously annexed property not adjacent to the city limits. There is a “checker board” of county and city property in this area of Grand Avenue. City water and sewer lines have been installed in Grand Avenue west to 58^th Street West in 2001 and 2003 respectively.  
 
The property has access to Grand Avenue and will develop several local residential streets as part of the subdivision. Each lot will develop off-street parking as required and there will be ample on-street parking, boulevard sidewalks and an internal trail system. Any impacts to Grand Avenue will be mitigated through the subdivision process.
 
The proposed R-60 zone requires a maximum building height of 34 feet, a front setback of 15 feet and rear property line minimum setback of 20 feet. The maximum lot coverage allowed is 40% so single level homes and duplexes would be possible without exceeding this lot coverage.
 
The Planning Division reviewed the application and recommended approval based on the attached ten (10) criteria for zone changes. The Zoning Commission concurred with the staff recommendation. The subject property is located in an area of similar single family and two-family residential subdivisions. It supports the West Billings Plan goal of higher density residential uses with access to arterial streets between major intersections. The zone change accompanies a request to annex the property to the city limits as well as a preliminary subdivision plan. 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. There are compatible uses adjacent to this parcel including larger lot residential homes developed in the county. The 2008 Growth Policy 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 Zoning Commission conducted a public hearing on May 6, 2014 and received testimony from the applicant, Regal Land Development and agent, Scott Worthington, P.E.. Steven Wells, project manager for the proposed development, also testified in favor of the application. No other persons provided testimony at the public hearing. The Zoning Commission is forwarding a recommendation of approval and adoption of the findings of the 10 criteria on a 5 to 0 vote.

Prior to any decision on the proposed zone change the City Council shall consider the findings of the Zoning Commission as follows:
 1.   Is the new zoning designed in accordance with the Growth Policy?
      The proposed zone change is consistent with the following goals of the Growth Policy:

• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6) 

• Encourage higher density residential uses on arterial streets between major intersections (Land Use Goal, West Billings Neighborhood Plan 2001)

The 2001 West Billings Neighborhood Plan emphasized the need to control commercial strip development along arterial streets. The plan encouraged the development of commercial nodes at major intersections but contain those areas around the intersections. The plan encourages higher density residential zoning between those intersections on arterial streets.
 
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. Development of the agricultural land in the city after annexation, zoning and subdivision approval will promote the public health or safety of the adjacent low density residential neighborhood by providing public water and sewer and other public amenities to the area.
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation:  The proposed zoning and subsequent subdivision will have an impact on Grand Avenue. Mitigation of these impacts will be required as part of the subdivision approval.

Water and Sewer: The City will provide water and sewer to the property. There should be no additional impact to the system from the proposed zoning.
   
Schools and Parks: There will be an impact to schools from the proposed zone change. Additional classroom space will be needed for elementary and middle school students. A new middle school is planned for a property 2 blocks west of this location.    

Fire and Police: The subject property will be served by city public safety services. The Police Department had no concerns with the zone change and the Fire Department is involved in the subdivision approval process. Access for emergency services will assured through this process. Fire Station #7 is approximately ¼-mile north and east of the subdivision. 
 
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 effect on vehicle and pedestrian traffic. The access to Grand Avenue and the traffic impacts will be studied and mitigated through the subdivision process. The subdivision proposes to build boulevard sidewalks and an internal trail system.  
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed R-60 zoning will allow single family and two-family dwellings as well as multi-family dwellings by special review approval. City subdivisions in the area range from R-60-R to R-96. Higher density zones are compatible with arterial street access, and nearby commercial zones. Zoning that supports 6 or more dwelling units per acre is more efficient for providing public services.
 
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 a mix of housing types and density in the neighborhood.
 
9.   Will the new zoning conserve the value of buildings?
The property has 1 single family dwelling on the property and numerous detached accessory buildings that have supported the agricultural operation. These buildings should not be affected by the zone change. When the development plan is approved through the subdivision process it is likely these building will be removed or demolished.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit affordable residential uses and is the most appropriate use of the property at this location.