2.
County Zoning Commission
- Meeting Date:
- 10/13/2015
- SUBJECT
- Zone Change #667 - 62nd Street West and Rimrock Road
- THROUGH:
- Candi Millar
- PRESENTED BY:
- David Green
Information
REQUEST
Item #2. Motion/Recommendation. County Zone Change #667 – 62nd St W & Rimrock Road, Dave Green, Planner II. The applicant is requesting a zone change request from Residential 9,600 (R-96) to Community Commercial (CC) on Lot 8 of Sunny Cove Fruit Farms Subdivision, a 9.3 acre parcel of lane generally located at the intersection of 62nd St West and Rimrock Road. The applicants conducted a pre-application neighborhood meeting on August 6, 2015 and the meeting attendance list and notes are included in Attachment B.
RECOMMENDATION
The Planning staff is forwarding a recommendation of denial based on the 11 criteria for zone changes.
APPLICATION DATA
| OWNER: LMO Investments, LLC | |
| AGENT: Matt Robertson, NAI Business Properties | |
| LEGAL DESCRIPTION: Lot 8 of Sunny Cove Fruit Farms | |
| ADDRESS: Southeast Corner of 62nd Street West and Rimrock Road | |
| CURRENT ZONING: Residential 9600 (R-96) | |
| EXISTING LAND USE: Vacant / Farming | |
| PROPOSED USE: Commercial | |
| SIZE OF PARCEL: 9.3 acres |
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
There have been 6 zone change requests in this area of Yellowstone County since 1974. The first zone change in 1974 was to zone most of Sunny Cove Fruit Farm which includes 128 parcels, all originally 10 acre parcels. The subject property, Lot 8, was zoned R-9600 in 1974. The other zone changes where zone changes from R-96 to either Agriculture Open, or Residential 15,000. One of the six applications was denied, they requested a zone change from Ag-Open to Residential 6000, that was in 2003. The parcel on the northwest corner of 62nd Street West and Rimrock Road was rezoned from R-96 to Residential Multi-family, Residential Professional, and Community Commercial in November of 2005. There have been a couple of Special Reviews, one was denied, in 2005, and one was granted, in 2007, and both Special Reviews were for the same Riding Academy. In December of 2011 Lots 27 and 40, the west 1/2 of Lots 28 and 38 de-annexed from the city. They had been annexed in 2006.
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: R-96 Land Use: Vacant |
| SOUTH: | Zoning: R-96 Land Use: Large Parcel Residential |
| EAST: | Zoning: R-96 Land Use: Agriculture |
| WEST: | Zoning: R-150 Land Use: Agriculture |
BACKGROUND
The subject property is located on the southeast corner of the intersection of 62nd Street West and Rimrock Road. The total area of the property is 9.3 acres and is legally described as Sunny Cove Fruit Farms, Lot 8. The property has frontage on both 62nd Street West and Rimrock Road. The property has been used for some farming purposes. The property owners are proposing to change the zoning from Residential 9600 to Community Commercial to develop with commercial uses on the front part of the parcel with storage units on the back portion of the lot.
This property is in the Limits of Annexation Area for annexation with the next 5 years. The surrounding properties are zoned for residential uses with the exception of the property to the northwest across the intersection. The land around the subject property is currently used for farming activity, fallow land, and residential uses.
The intersection of Rimrock Road and 62nd Street West is bypassed by the curve that transitions from Rimrock Road to Molt Road. That intersection has multiple jurisdictions; part of it is in the City of Billings, part of it is in Yellowstone County, and part of it is in the jurisdiction of MDT. As population grows in the area and the need for improvements to maintain a safe transportation corridor in that area, the intersection will be improved. Current preliminary analysis has identified the preferred alternative to eliminate the curve and install a roundabout at this intersection. A roundabout would need additional right-of-way to accommodate it and it also limits access to properties close to the roundabout. The proposed use shown for this lot is to have the north half in retail spaces with access off of Rimrock Road, with the back half being storage units. Looking ahead to the possibility of the intersection improvements that may limit accesses, analysis with be needed to design the site and meet correct setbacks to accommodate future road improvements.
There have been two studies done concerning this area of Yellowstone County and Billings. One was completed in the Summer of 2001 and is called the West Billings Plan. On page 17 it states: PG1.B.2: Limit community commercial centers to appropriate intersections of arterial streets and spaced no less than approximately two miles apart. Community commercial centers should be compatible with the surrounding area and designed to serve the overall West Billings community unless otherwise approved by the governing bodies. This statement, in addressing community commercial centers, says to limit them to appropriate intersections or arterial streets. It also states they should be compatible with the surrounding area.
In the case of this proposal, staff finds it does not meet either of these recommendations in the West Billings Plan. While the property is at the intersection of arterial streets, there is already 16 acres of Community Commercial zoned land on the northwest corner of this intersection. This proposal does not provide any buffering between the subject property and the Residential 9600 zoning to the east and south. The property to the northwest has an existing buffering zoning around it to separate commercial uses and lower density residential zoning. The lower density residential zoning to the east and south also is in the county where a 9,600 square foot lot would not be possible because of the required separations for septic and water. A more likely lot size would be closer to one half to one acre. This would mean that any proposed housing would be an even lower density than the zoning allows to meet the Montana Department of Environmental Quality (MDEQ) required septic and well separations.
The West Billings Plan also states: Policy B: With the intent of preventing strip commercial development, the West Billings planning area should contain commercial nodes of varying sizes located at the intersections of arterial streets. These commercial nodes may vary in size based on special circumstances such as topography and adjacent uses. Commercial development along Shiloh Road should be developed as commercial nodes for neighborhood, community commercial, and regional commercial center uses. Commercial nodes should be comprised of, as much as possible, a diverse range of commercial, business office, and entertainment facilities. It is intended that neighborhood centers should be roughly the size of the center currently located at the northwest corner of Grand Avenue and Rehberg Lane and community centers roughly the size of West Park Plaza on Grand Avenue. Regional centers are intended to serve the entire Billings community and the region beyond. Non-retail, office and multi-family uses will be supported along arterial streets. The city and county must both be involved as the zoning jurisdiction in the West Billings Plan area is expanded or modified, according to the Interlocal Agreement. In this statement, three different ‘Commercial Nodes’ are discussed and it also defines what is the preferred uses for commercial nodes. Commercial nodes should be comprised of, as much as possible, a diverse range of commercial, business office, and entertainment facilities. What is proposed in this development for the north half of the lot would seem to meet the preferred uses, but the southern half proposal of storage units does not meet the preferred uses listed. Storage units are not retail spaces, business offices or entertainment facilities.
The second plan that was completed concerning this area is called the North West Shiloh Area Plan. It was completed in 2005. This plan was developed by the City of Billings and discusses development as it is annexed into the city as a supplement to the West Billings Plan. The West Billings Plan was cooperatively developed by the City of Billings and Yellowstone County.
The North West Shiloh Area Plan identifies ‘Commercial Nodes’ at different intersections on the west end. One is identified at the intersection of 62nd Street West and Rimrock Road, which is the intersection the subject property is located on. It identifies a small area on each corner of the intersection for community conveniences which are also referenced in the West Billings Plan. As this plan does not address development in the county but instead preferred development in the City, the West Billings Plan would be the guiding document for this County zoning application.
A neighborhood meeting was conducted by the applicant on August 6, 2015 at the Yellowstone Country Club at 3200 Paul Allen Way. Seven surrounding property owners attended the meeting. The meeting notes indicate concerns with commercial development adjacent to residential homes and the possibility of increased traffic. The minutes of the meeting are included as Attachment B. The Planning Division did not receive any letters but did receive one phone call regarding the zone change prior to the Zoning Commission hearing.
Planning staff has reviewed this application and is forwarding a recommendation of denial for the proposed zone change based on the 11 criteria for zone changes. Part of the property may be appropriate for CC zoning, or the proposed use on the northern half may be appropriate, but there is no proposed buffer zoning between commercial uses and low density housing uses and zoning. There is also no guarantee that the development will proceed as planned with this developer. The property could be rezoned with this proposal and then sold to a different developer with a different idea for use. The staff must look at all the possible uses for the property under the proposed Community Commercial zoning. Community Commercial zoning uses include restaurants, convenience stores, auto and RV sales, auto repair facilities, banks, hotels, dry cleaning and laundry facilities.
The property is in the county and if not annexed would need to provide septic and water for the proposed uses. This development would also require an area for an alternate septic system should the first one fail, limiting usable space on the lot. Also, when a parcel of land is near city services, MDEQ may not approve a septic system but require connecting to city water and sewer. This would require annexation of the land and building to city standards. A four to five lot subdivision in the County would also require a fire suppression system which would require the installation of a 10,000 gallon dry hydrant system. There is CC zoning on the parcel to the northwest that is vacant and ready to be developed. This commercial property already meets the needs of a commercial development. The proposed zoning is incompatible with the existing adjacent uses to the southeast and west. As noted above, the CC zone allows other uses that may also have a detrimental effect on traffic and the directly adjacent residential uses.
This property is in the Limits of Annexation Area for annexation with the next 5 years. The surrounding properties are zoned for residential uses with the exception of the property to the northwest across the intersection. The land around the subject property is currently used for farming activity, fallow land, and residential uses.
The intersection of Rimrock Road and 62nd Street West is bypassed by the curve that transitions from Rimrock Road to Molt Road. That intersection has multiple jurisdictions; part of it is in the City of Billings, part of it is in Yellowstone County, and part of it is in the jurisdiction of MDT. As population grows in the area and the need for improvements to maintain a safe transportation corridor in that area, the intersection will be improved. Current preliminary analysis has identified the preferred alternative to eliminate the curve and install a roundabout at this intersection. A roundabout would need additional right-of-way to accommodate it and it also limits access to properties close to the roundabout. The proposed use shown for this lot is to have the north half in retail spaces with access off of Rimrock Road, with the back half being storage units. Looking ahead to the possibility of the intersection improvements that may limit accesses, analysis with be needed to design the site and meet correct setbacks to accommodate future road improvements.
There have been two studies done concerning this area of Yellowstone County and Billings. One was completed in the Summer of 2001 and is called the West Billings Plan. On page 17 it states: PG1.B.2: Limit community commercial centers to appropriate intersections of arterial streets and spaced no less than approximately two miles apart. Community commercial centers should be compatible with the surrounding area and designed to serve the overall West Billings community unless otherwise approved by the governing bodies. This statement, in addressing community commercial centers, says to limit them to appropriate intersections or arterial streets. It also states they should be compatible with the surrounding area.
In the case of this proposal, staff finds it does not meet either of these recommendations in the West Billings Plan. While the property is at the intersection of arterial streets, there is already 16 acres of Community Commercial zoned land on the northwest corner of this intersection. This proposal does not provide any buffering between the subject property and the Residential 9600 zoning to the east and south. The property to the northwest has an existing buffering zoning around it to separate commercial uses and lower density residential zoning. The lower density residential zoning to the east and south also is in the county where a 9,600 square foot lot would not be possible because of the required separations for septic and water. A more likely lot size would be closer to one half to one acre. This would mean that any proposed housing would be an even lower density than the zoning allows to meet the Montana Department of Environmental Quality (MDEQ) required septic and well separations.
The West Billings Plan also states: Policy B: With the intent of preventing strip commercial development, the West Billings planning area should contain commercial nodes of varying sizes located at the intersections of arterial streets. These commercial nodes may vary in size based on special circumstances such as topography and adjacent uses. Commercial development along Shiloh Road should be developed as commercial nodes for neighborhood, community commercial, and regional commercial center uses. Commercial nodes should be comprised of, as much as possible, a diverse range of commercial, business office, and entertainment facilities. It is intended that neighborhood centers should be roughly the size of the center currently located at the northwest corner of Grand Avenue and Rehberg Lane and community centers roughly the size of West Park Plaza on Grand Avenue. Regional centers are intended to serve the entire Billings community and the region beyond. Non-retail, office and multi-family uses will be supported along arterial streets. The city and county must both be involved as the zoning jurisdiction in the West Billings Plan area is expanded or modified, according to the Interlocal Agreement. In this statement, three different ‘Commercial Nodes’ are discussed and it also defines what is the preferred uses for commercial nodes. Commercial nodes should be comprised of, as much as possible, a diverse range of commercial, business office, and entertainment facilities. What is proposed in this development for the north half of the lot would seem to meet the preferred uses, but the southern half proposal of storage units does not meet the preferred uses listed. Storage units are not retail spaces, business offices or entertainment facilities.
The second plan that was completed concerning this area is called the North West Shiloh Area Plan. It was completed in 2005. This plan was developed by the City of Billings and discusses development as it is annexed into the city as a supplement to the West Billings Plan. The West Billings Plan was cooperatively developed by the City of Billings and Yellowstone County.
The North West Shiloh Area Plan identifies ‘Commercial Nodes’ at different intersections on the west end. One is identified at the intersection of 62nd Street West and Rimrock Road, which is the intersection the subject property is located on. It identifies a small area on each corner of the intersection for community conveniences which are also referenced in the West Billings Plan. As this plan does not address development in the county but instead preferred development in the City, the West Billings Plan would be the guiding document for this County zoning application.
A neighborhood meeting was conducted by the applicant on August 6, 2015 at the Yellowstone Country Club at 3200 Paul Allen Way. Seven surrounding property owners attended the meeting. The meeting notes indicate concerns with commercial development adjacent to residential homes and the possibility of increased traffic. The minutes of the meeting are included as Attachment B. The Planning Division did not receive any letters but did receive one phone call regarding the zone change prior to the Zoning Commission hearing.
Planning staff has reviewed this application and is forwarding a recommendation of denial for the proposed zone change based on the 11 criteria for zone changes. Part of the property may be appropriate for CC zoning, or the proposed use on the northern half may be appropriate, but there is no proposed buffer zoning between commercial uses and low density housing uses and zoning. There is also no guarantee that the development will proceed as planned with this developer. The property could be rezoned with this proposal and then sold to a different developer with a different idea for use. The staff must look at all the possible uses for the property under the proposed Community Commercial zoning. Community Commercial zoning uses include restaurants, convenience stores, auto and RV sales, auto repair facilities, banks, hotels, dry cleaning and laundry facilities.
The property is in the county and if not annexed would need to provide septic and water for the proposed uses. This development would also require an area for an alternate septic system should the first one fail, limiting usable space on the lot. Also, when a parcel of land is near city services, MDEQ may not approve a septic system but require connecting to city water and sewer. This would require annexation of the land and building to city standards. A four to five lot subdivision in the County would also require a fire suppression system which would require the installation of a 10,000 gallon dry hydrant system. There is CC zoning on the parcel to the northwest that is vacant and ready to be developed. This commercial property already meets the needs of a commercial development. The proposed zoning is incompatible with the existing adjacent uses to the southeast and west. As noted above, the CC zone allows other uses that may also have a detrimental effect on traffic and the directly adjacent residential uses.
RECOMMENDATION
Staff recommends Denial of Zone Change #667 and adoption of the 11 criteria for this zone change.