This is a zone change request from un-zoned to Residential 7,000 (R-70) and Residential 5,000 (R-50) on Tract 2A of C/S 2465 (R-70) and Tract 1 of C/S 1871 (R-50) a 116.18 acre parcel of land generally located north of Rimrock Road and west of Copper Ridge Subdivision. The Zoning Commission conducted a hearing on August 1, 2017, and forwarded a  recommendation of approval and adoption of the findings of the 10 criteria on a 5 to 0 vote. The City Council conducted a public hearing on August 28, 2017, and approved the zone change on 1^st reading. The zone change ordinance requires a second reading.

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 types 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.

APPLICANT DATA
OWNER: Gary Oakland and Marvin Hessler
AGENT: Sanderson Stewart, Mac Folgelsong, P.E.

The Planning staff reviewed the requested zoning and recommended approval based on the proposed findings of the 10 criteria. The Zoning Commission concurred with the recommendation and the findings. The proposed zoning meets many of the 2016 Billings Growth Policy guidelines and is supported by the City's Annexation Policy. It is likely full development of the new neighborhood will be completed over an 8 to 15 year period similar to the adjacent Copper Ridge neighborhood.

Prior to making a decision on the requested zone change, the City Council shall consider the following findings and criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:

• Home Base: A mix of housing types that meet the needs of a diverse population is important.

The proposed zoning would allow this developer to offer single family and two family dwellings in either a unit ownership development or in a traditional subdivision.

• Strong Neighborhoods: Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will  and social interaction.

The proposed zoning will allow a progression of development in this area and will connect to neighborhood services, public gathering spaces and open space.

• Strong Neighborhoods: Implementation of the Infill Policy is important to encourage development of underutilized properties.

The property is currently outside the city limits but is within the limits of annexation. The proposed zoning of the property is a more efficient use of property for the extension of city services, and supports a variety of housing choices.

• Strong Neighborhoods: Public safety and emergency service response are critical to the well-being of Billings’ residents and businesses.

The proposed zoning and annexation is directly adjacent to the existing city limits where city public safety services are already provided. This incremental expansion will allow these services to be extended with limited impact to its current capacity.

• Home Base: Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe.

The proposed zoning and development will allow the opportunity to provide attainable housing choices in a high-demand area of West Billings.

• Prosperity: Predictable, reasonable City taxes and assessments are important to Billings’ taxpayers.

The proposed zoning and development will provide an incremental expansion of the city, at a more efficient density. This will encourage and stabilize the cost of services in this area and will allow the city to set predictable and reasonable rates for taxes and assessments city-wide.

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. The existing parcel is outside the city limits and used for irrigated and non-irrigated farmland. New infrastructure for roads, utilities and sidewalks will need to be installed prior to building the proposed dwellings. The proposed zoning would allow the developer to market these housing units to a broad range of buyers.

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 development will require a traffic study prior to development. The study will identify the required improvements to the surrounding transportation systems.
Water and Sewer: The City will provide water and sewer to the property. The developer will be responsible for the installation of these improvements. There will be no additional impacts to the system from the proposed zoning.
Schools and Parks: Schools and parks may be significantly affected by the proposed zone change. Additional dwelling units will add students to schools depending on the market for these new homes. Recent new school facilities should be able to absorb these new students. Boulder Elementary may be at or over capacity based on the Urban Planning Study completed for the property. There are no public parks within the general area of the subject property with the exception of the linear neighborhood parks and trail system in the Copper Ridge Subdivision. The developer anticipates dedication of a park with area large
enough for a programmed space such as playing fields and a playground.
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?
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 impact on vehicle and pedestrian traffic. The City Engineering Division will determine the required street, utility and sidewalk improvements required for the development of these lots based on a traffic study prepared when a development plan has been finalized. At the minimum development density of 464 dwelling units for the entire parcel, this could add up to over 4,600+ new vehicle trips to the surrounding streets. Safe pedestrian access to and from the development will need to be developed. It is likely most pedestrian access out of the development will occur to the east within the Copper Ridge neighborhood trail system. The recently updated Billings Bikeway and Trail Master Plan shows a shared use path and future bike lane for Rimrock Road as well as a platted shared use path northwest along the south boundary of Falcon Ridge Subdivision. The shared use path and the future bike lane on Rimrock Road would be part of the street improvements at the time of development or in a future SID.

7. Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow a greater variety of housing choices in this growing area of West Billings.

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. The proposed zoning is similar to the zoning in the adjacent city subdivisions and the homes will likely be similar in style.

9. Will the new zoning conserve the value of buildings?
The property is currently un-developed and used for agricultural purposes. The value of existing buildings should not be affected by the proposed zoning and development.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow a more efficient density of development so extension of city services will be effective. The collector street frontage will allow ready vehicle access to and from the new development without impacting adjacent land uses.

Approval of the zone change will allow the applicant to proceed with subdivision development. After annexation, the City's tax base will expand to include this new territory. Until lots are development, City fees for storm water, arterial construction and street maintenance will be based on the vacant rate of assessment. After development, taxes and fees will be based on the developed valuation.

The Zoning Commission recommends that the City Council approve Zone Change 960 and adopt the findings of the 10 criteria.