This is a zone change request from Agriculture Open (A-1) to Public, on S5, T1 S, R25 E, E2 Government Lot 1, a 38.83 acre parcel of land located in West Billings. This application is for the new Ben Steele Middle School for Billings School District #2. The applicant, School District #2, conducted a pre-application neighborhood meeting on September 28, 2015 at the City of Billings Fire Station No. 7, 1501 54th Street West. The City Council approved the annexation of the property on November 9, 2015. The Zoning Commission is recommending approval and adoption of the findings of the 10 criteria.

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 type 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.

The Planning Division reviewed the proposed zoning and recommended approval of the zone change to the City Zoning Commission. The Zoning Commission concurred. The proposed zoning is the preferred zoning for all civic uses including government agencies, schools, and public recreational facilities. The zoning is compatible with adjacent zoning in the city and the county. The public zoning district is specifically designed to be compatible with adjacent residential uses especially when the intended uses are schools or parks. The Public zoning district is intended to reserve land exclusively for public or semi-public uses in order to preserve and provide adequate land for a variety of community facilities which serve the public health, safety, and general welfare. Middle schools draw students from a larger district than neighborhood elementary schools and are appropriately located near or close to arterial streets where traffic can be better managed and controlled. This area of West Billings will continue to grow with additional residential neighborhoods, services and facilities. The placement of a new school facility in a Public zoning district is compatible and expected with this additional growth.

Prior to making its decision on the requested zone change, the City Council shall consider the following findings for the 10 criteria:
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)  
  The proposed zoning would permit the School District to proceed with plans to develop a new middle school on the property. The School District has owned this property since 2000 and the voters approved the bond issue for its construction. Public zoning is consistent with the intended uses of the School District and is consistent with the continued residential development in the area.   
• Promote excellence in education and safe and healthy school facilities. (Economic Development Element Goal) 
  The existing zoning is restricted to agricultural uses in the County. The default zoning for annexation is Residential 9,600 (R-96). Public schools are not allowed uses with the standard residential zones. The proposed zoning will allow the School District to use the land in conformance with the zoning. 

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. The City Fire Department will ensure safe access to the site and provision for minimum fire flow to the new buildings.
 
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 new middle school will provide the required landscaping and attention to the outdoor recreation facilities for the students and will be an amenity for the adjacent neighborhood. This will improve public health and safety and the general welfare of the adjacent neighbors.
 
4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will have an impact on the surrounding streets. The applicant is working with the City Traffic Engineer to ensure safe access to and exiting from the new school. Improvements to the adjacent streets and intersections will be required to ensure this traffic safety. Specific improvements will be determined by the City Traffic Engineer.
Water and Sewer: The City will provide sewer and water service to the property by extension of those utilities from Grand Avenue and 56^th Street West.  
Schools and Parks: There should be a positive impact to the School District. The district will be able to accommodate additional students and relieve over-crowding at other schools.  
Fire and Police: The subject property will be served by the city Public Safety Services. The School District will work with the Fire Department through the Building Permit process to ensure building safety and safe access for responders.
 
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?
Traffic generation from a new middle school will affect the surrounding street network. The City Traffic Engineer and the Transportation Planners are working with the School District to ensure safe access for vehicles, pedestrians and bicyclists.  
 
7.   Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will provide an area to locate new school facilities and outdoor recreation facilities in an area where none currently exist. 
 
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 school facilities. There are existing and planned developments in the area that will continue to increase students in the district.
 
9.   Will the new zoning conserve the value of buildings?
The lot is currently vacant land near developing city subdivisions and adjacent to other property still outside the city limits. Development of a new school facility should conserve the value of adjacent homes and increase property value in the area.
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will encourage additional urban development in the area that already has some City services and will fill the need of the School District to provide expanded middle school facilities.

The new zoning will increase the zoning-based city fees for some services. The parcel will not pay city taxes, since School District #2, as are all school districts, is exempt from property taxes.

The city has annexed property and approved a variety of zone changes in this area of West Billings since 2005. In 2007, the city annexed and re-zoned property on 54th Street West for the new Cottonwood Park from A-1 to Public zoning. All other zone changes have been for residential developments or commercial nodes, like the property at 54th St West and Grand Avenue.

School District #2 is in the process of constructing two new middle schools. This property was outside the city limits and had A-1 zoning prior to the City Council annexation on November 9, 2015. In order to proceed with the planned construction, the school site must have the correct zoning district applied to the property. The School District, working with its consultant, Sanderson Stewart, has submitted this zone change from A-1 to Public zoning. Public zoning is an appropriate zoning for all types of public agency developments and land uses. It permits civic uses such as schools, government administration and public recreational facilities. The School District has worked with adjacent land owners during the development of the middle school building and site plans. The School District has a pending Building Permit application submitted to the city Building Division.

The property consists of a 38.83 acre parcel of land generally located on the southwest corner of Grand Avenue and 56th St West. The School District purchased the property in 2000 from the Frank family. The school district completed a future facility and space needs analysis several years ago and submitted a bond issue for voter approval to construct the new middle schools. The bond issue was approved and due to crowding concerns in Billings Heights, the new middle school on Bench and Barrett Road in the Heights was slated for construction first. This location on 56th St West and Grand Ave is being prepared for construction starting this fall and running through 2016. The site is large enough to accommodate another school, possibly an elementary school, at some time in the future.

Grand Avenue and 56th St West are both principal arterial streets as designated by the City and County. The current construction of both streets is a 2-lane paved County road section with gravel shoulders or no shoulders and ditches in some areas. The posted speed limit at this intersection is 50 mph for both streets. The existing level of average daily daily traffic is low, ranging from 3,000 to 5,000 vehicle trips per day. As part of the school site design process, Sanderson Stewart is working with the City Traffic Engineer to ensure that access into and out of the school site is safe and reasonable. School buses will enter the school site from 56th St West. The intersection at Grand Avenue is a stop-controlled intersection for 56th St West. It is anticipated there will be modifications to the intersection to accommodate the additional traffic load for the new middle school and for pedestrian crossing and access. Specific improvements will be determined by the City Traffic Engineer but may include a school zone, traffic signal, left turn lanes, deceleration or acceleration lanes on Grand Avenue, a pedestrian crossing, bike lanes, and appropriate signage on both Grand and 56th Street West.
 

The Zoning Commission conducted a public hearing on November 3, 2015, and received the staff recommendation and testimony from the applicant and agents; Pat Davies of Sanderson Stewart, Lew Anderson of School District #2, and Paul Goldammer of A & E Architects. No other testimony was received.

The Zoning Commission asked questions regarding the traffic circulation for pick up and drop off of students, parking for events and staff. Mr. Davies explained the layout of the school, the one-way parent drop off area accessible only from Grand Avenue, the bus drop off accessible only from 56th St West and the staff and event parking area accessible from 56th St West. Mr. Davies stated the traffic study has been completed and the School District will be contributing to 6 intersection improvement projects. Mr. Davies stated the City will be accepting bids for the design of improvements on Grand Avenue from 48th St West to 58th St West in the next several weeks. The City plans to complete those improvements in time for the planned opening of the new school in the fall of 2017. Mr. Anderson from School District explained the anticipated student population for the school when it is opened will be 660 students with a total capacity of 700 to 750 students. Mr. Anderson stated the School District is reserving a portion of the site in the southeast corner for a potential new elementary school. He stated the need for a new elementary school will occur in about 5 years. Mr. Goldammer of A & E Architects explained the site development and separation of the drop off areas for students. Mr. Goldammer stated the new athletic fields for football and softball will be close to the school on the south and west. Mr. Goldammer stated they are working on an alternate for 2-3 soccer fields on the south end of the property. Mr. Goldammer stated they are working with the City Parks Department to establish a partnership for the new soccer fields as there is probably not any money to build the soccer fields.

The Zoning Commission recommends approval and adoption of the findings of the 10 criteria on a 4-0-1 vote. Commission member Mike Boyett recused himself from voting as he owns land within the area of the subject property.

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