This is a zone change request from Residential 7000 (R-70) to Public, on S14, T1 N, R26 E, E2 NWSW Less COS 931, a 16.2 acre parcel of land. This application is for a portion of the property for the new Middle School for Billings School District #2 in the Billings Heights. The applicant conducted a pre-application neighborhood meeting on September 28, 2015 at Bitterroot Elementary School, 1801 Bench Boulevard. The property was annexed by the City Council on November 9, 2015. The Zoning Commission is recommending approval.

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 staff recommended approval and findings of the 10 criteria. The Zoning Commission concurred with this recommendation. The subject property is located in a well-established area of Billings Heights with adjacent stable neighborhoods. Additional residential subdivisions are building to the east and north that will add student population to the new middle school. The proposed zoning is identical to the current zoning of the school property already annexed to the city west of the subject property. The proposed zoning is compatible with the adjacent neighborhood and the property is expected to be fully developed during the next 12 months.

Prior to making its decision on the requested zoning, the City Council shall consider the findings of 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 complete plans to construct an athletic field and facilities and annex this parcel into to the city. 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 residential use in the County. 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 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 neighborhoods. 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 Bench Boulevard and Barrett Road.  
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 has worked 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. 
 
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 city infill development in the area and will fill the need of the School District to provide expanded middle school facilities.


 

If the new zoning is approved, city fees will be assessed based on the new zoning.

The City and County have adopted several zone changes in the area since 1985, including a Planned Development zone for Walmart, and several other commercial zoning changes for property near Wicks Lane and Bench Boulevard. The R-70 zoning in the area has remained stable in the immediate neighborhood and this was ratified by the 2006 Heights Neighborhood Plan adopted by the City and County.

The applicant has submitted this zone change and concurrent annexation for the east half of the property where the new Medicine Crow Middle School is under construction. The athletic fields, some mechanical equipment, parking, and recreational area for the school will be located on the subject property. The property where the middle school is under construction is already annexed and zoned Public. The annexation and zone change will complete the project so the entire property is within the city limits and has consistent zoning. The proposed Public zone is compatible and appropriate for existing and proposed uses of the land and is compatible with the surrounding neighborhood. Bench Boulevard is a principal arterial street and Barrett Road is a collector street. The Montana Department of Transportation (MDT) and the City of Billings will be re-constructing the section of Bench Boulevard north of Hilltop Road in the next 2 years. The design phase is nearing completion. Average daily traffic on this section of Bench is about 5,500 vehicle trips per day. In comparison, Barrett Road only carries about 600 vehicles per day. Barrett Road is partly in the County and partly in the City for most of its extent from Bench Boulevard east to Walter Road. The portion in front of the subject property is under re-construction to bring it to city standards for pavement, curbs, gutters and sidewalks. It is expected additional traffic will use this portion of the street once the school is completed.

The City Zoning Commission conducted a public hearing November 3, 2015, and received the staff recommendation and testimony from the applicant and agents; Pat Davies of Sanderson Stewart, Paul Goldammer of A & E Architects, and Lew Anderson of School District #2. No other testimony was received. Mr. Davies explained the layout of the site and the street improvements on Barrett Road. He stated the improvements on Bench Boulevard are happening as an MDT project and will be completed in front of the new school by the fall of 2016. Mr. Goldammer of A & E Architects asked the Board if they had questions and there were none regarding the site. Mr. Anderson of School District #2 explained the remaining pond in the southwest corner of the subject property is from the previous use of the site for a gravel pit. He stated 2 other ponds had been remediated and filled. He stated this pond will remain for storm water control. Mr. Anderson stated the pond edges will be contoured and the steeper area will be fenced off. Mr. Anderson stated the intent with the pond is to provide a outdoor science opportunity for the middle school students as well as control storm water from the site.

The Zoning Commission is recommending approval and adoption of the findings of the 10 criteria on a 5-0 vote.

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