Item #3 - County Zone Change #669 – West of Billings Logan Airport – 2300 Block of Highway 3 North – A zone change request from Agriculture-Open Space (A-1) to Public (P) on the north 600 feet of Tracts 13 and 14 of C/S 2037 (~18.49 acres), and Controlled Industrial (CI) on 20 acres directly south of the proposed Public zone on Tracts 13 & 14, C/S 2037, a 58.66 acre parcel of land. The 20 acres immediately north of Highway 3 will remain in the A-1 zoning district. A pre-application meeting was conducted on November 20, 2015 at the Tolliver Law Firm, 1004 Division Street. Tax IDs: D04575L, D04575M. Presented by: Nicole Cromwell, Zoning Coordinator

The Planning Division recommends denial based on the proposed findings of the 11 criteria for Zone Change 669.

OWNER: Bruce Crippen; Frederick, Cameron & Lynn Longan; Richard & Ellen Rozehnal; Almon Blain (contract buyer)
AGENT: Barb Potzman and Ken Tolliver
LEGAL DESCRIPTION: Tracts 13 & 14, C/S 2037
ADDRESS: None yet assigned - 2300 Block of Highway 3
CURRENT ZONING: A-1
EXISTING LAND USE: Grazing
PROPOSED USE: Heliport and ancillary businesses with 20 acres of A-1 to remain adjacent to Highway 3
SIZE OF PARCEL: 58.66 acres

None.

The subject property is in the original zoning designated by the County in 1973 - Agriculture-Open Space (A-1). There have been no applications to change the zoning on the subject property. West of the subject property on Tract 2 of C/S 1889, an application to change zoning from A-1 to Highway Commercial (HC) was denied by the County Commissioners in 1985. Other zone changes in the area were from A-1 to Agriculture Suburban (AS) or Residential 15,000 (R-150) and these have been approved. The Public zone is a zone described as "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."  The CI is a zone described as intended to "accommodate a variety of business, warehouse and light industrial uses related to wholesale plus other business and light industries not compatible with other commercial zones, but which need not be restricted in industrial or general commercial zones, and to provide locations directly accessible to arterial and other transportation systems where they can conveniently serve the business and industrial centers of the city and county."
 

NORTH:	Zoning: A-1 Land Use: Grazing land and vacant
SOUTH:	Zoning: R-70 and R-96 (city) Land Use: Single family dwellings
EAST:	Zoning: Public (city)   Land Use: Billings Logan Airport property
WEST:	Zoning: A-1 Land Use: Agricultural land

This is an application to change zoning on 2 parcels of land directly west of the Billings Logan Airport to allow the contract buyer to construct a heliport and to allow development of ancillary or related businesses directly adjacent to the proposed heliport. The prosed zoning would be split between Public for the north 600 feet (about 18 acres) and Controlled Industrial (CI) for the 20 acres directly south of the proposed Public zone. The remaining 20 acres just north of Highway 3 would remain in the A-1 zone for the foreseeable future. The applicant has modified the request from the original submittal that included 40 acres of proposed CI zoning. The applicant and agents do not yet have a future land use plan that includes the south 20 acres that would remain in A-1 zoning. The applicant and agents currently plan to develop the proposed Public zoned area for a heliport. The adjacent 20 acres of CI zoning may be marketed to complementary businesses and service providers but no firm land use plan has been developed for this area. The property is not within the short term limits of annexation area for the City of Billings so all uses on the property will need to provide domestic water supply and waste water disposal. However, this area is within the Long Range Urban Planning Area of the City's Annexation Policy and future improvements to services in this area are expected to enable development in the City at some time in the future.

The Public zone is the only zoning district that currently allows the development of a heliport except for the Medical Corridor (without fueling or maintenance) and certain Planned Development zones. Prior to 1997, the city and the county maintained separate zoning codes. The county code prior to 1997 allowed heliports by special review approval in 4 zoning districts (HC, CI, HI and Public) and allowed airports only in the Public zone. The city zoning code, prior to code unification in 1997, had been changed to only allow airports and heliports in the Public zoning district or heliports without fueling and maintenance facilities in the Medical Corridor. When the codes were unified, the city and county agreed to the move forward with the city's adopted code for many of the commercial and industrial zones. Special review is no longer possible for heliports. The change in the zoning code through the unification of the regulations was not intended to preclude the development of private aviation facilities but it now requires these facilities to be located in a Public zoning district.

The proposed Public zone is adjacent to Public zoning for the Billings Logan Airport property directly to the east. The proposed use and development for Billings Flying Service has been reviewed by the airport staff and they have not forwarded any concerns with the proposal. There are 13 private heliports in Montana with 20 additional heliports associated with health care facilities or state facilities. Many of these private facilities are near tourist areas or serve ranches. Development of the heliport will need to be approved by the FAA and other aviation authorities due to its proximity to the public airport. The property is within the adopted Airport Influence Zone for the Billings airport. The height and use of any new structures on the property will be restricted through the adopted regulations (Chapter 5 of the Billings, MT City Code (BMCC)). The adopted influence zone is shown on the attached Zoning Map. The Airport Influence area regulations apply regardless of the underlying zoning district.

The proposed 20 acres of CI zoning is not similar to the surrounding zoning. The surrounding zoning is residential (city) and agricultural and residential (county). The CI zone is a zone "to accommodate a variety of business, warehouse and light industrial uses related to wholesale plus other business and light industries not compatible with other commercial zones, but which need not be restricted in industrial or general commercial zones, and to provide locations directly accessible to arterial and other transportation systems where they can conveniently serve the business and industrial centers of the city and county." On parcels outside the city limits, the CI zone supports businesses ranging from petroleum supply, personal storage warehousing as well as business service providers such as sign shops, machine repair shops and wholesale suppliers. The CI zone also allows some intense commercial development such large retailers and building supply businesses. While some of these uses may be compatible or benign in their effect on adjacent uses, many would not be compatible or desirable along a gateway area to the city or near residential neighborhoods.

The applicant has modified the original request to exclude the south 20 acres of the parcel from the proposed CI zoning so any development for CI uses in the County would be at least 600 feet north of Highway 3 and 700 to 800 feet north of the closest residential building south of Highway 3.  However, uses allowed in the CI zone may have more of a noise impact than the heliport depending on the type of use. Manufacturing uses may generate more noise and traffic than retail or service businesses. Uses allowed in the CI zone are also more likely to generate noise and traffic outside of normal business hours and have more impact on the health and general welfare of the residential neighborhoods south of Highway 3 and the residences along the north side of Highway 3 to the west of the subject property.

The Planning Division recently completed a Highway 3 Corridor study to identify safety improvements for motorized and nonmotorized traffic in the area. South of Highway 3, the City and County own and manage park land atop the rims. Safe access to these parklands is a concern. In addition, control and management of storm water runoff from paved and unpaved areas is also a concern. The study concluded there are several needed safety improvements along this section of Highway 3, including traffic roundabouts at Zimmerman Trail and Rod & Gun Club Road intersections, and center turn lanes or raised medians to better control left turn movements. The study indicated Highway 3 has enough road capacity at least through 2035 for increasing levels of traffic including residential or commercial traffic. The 2015 traffic count for this section of Highway 3 averages about 9,600 vehicles per day. This is not a high volume for a principal arterial street but steady 3 to 4 percent increases in traffic volume have been noted in the past 5 years.

The proposed zoning will have a measurable effect on traffic generation. The property currently has 2 access points. The primary access is a shared access along the east property line of Tract 14. There is a subsequent access easement granted along the south and westerly property lines to benefit Tracts 9, 10 and 12 to the north and west. There is a gated access from Highway 3 onto to Tract 14 that appears to be little used. A new or improved state-approved access will be needed to provide safe access to the proposed development for Billings Flying Service. The current use of the property – occasional grazing of livestock – generates little or no traffic on a daily basis. The types of traffic generated from Public and CI zoning are different than current traffic patterns in the area. MDT may require some traffic analysis and improvements dependent on the type and volume of traffic generated from specific developments on the property. If the property is annexed and developed, the City Traffic Engineer may require a traffic impact analysis to determine the appropriate mitigation or street development to accommodate the new uses.

The proposed Public zoning is within the character of the adjacent airport property. The proposed area for the CI zoning may be compatible with some of the adjacent Public zoning uses (related to aircraft operations) but would have negative effects on the adjacent agricultural and residential uses. Due to the current lack of public services to the site, uses will be limited in both proposed zoning districts unless the property annexes in the future. Allowed uses within the CI zone range from small warehouses and mini storage to manufacturing. It is likely any development on the CI zoned area without public services will be limited to repair shops, contractor storage, offices and personal storage warehouses. This would be similar to recent developments on the east side of Sugar Avenue or on Cerise Road in Lockwood. Uses allowed in the CI zone may have more of a noise impact than the heliport depending on the type of use. Manufacturing uses may generate more traffic and noise than retail or service businesses. Uses allowed in the CI zone are also more likely to generate noise and traffic outside of normal business hours and have more impact on the health and general welfare of the residential neighborhoods south of Highway 3 and the residences along the north side of Highway 3 to the west of the subject property. The subject property is currently limited by the Airport Overlay zoning which discourages residential zoning and uses, and limits the height of buildings and trees so as not to interfere with aircraft departing or arriving at the Billings Airport. The proposed heliport is compatible with the existing airport.

The Planning Division has reviewed the application and the 11 criteria for all County zone changes. The proposal for the Public zoning has merit under the criteria given its location on the north portion of the property and its shared property line with the existing Public zoning for the city airport. The proposal also seeks 20 acres of Controlled Industrial (CI) zoning for the area directly south of the Public zone so compatible and support uses for the heliport may be developed.  The proposed CI zoning is not compatible with the adjacent zoning in the city and county and is not a predictable land use given the adopted Growth Policy. The requested zoning must be reviewed in its entirety including both the Public zoning and the CI zoning, and staff finds that the CI zoning is not supported by the 11 criteria. The 20 acres directly north of Highway 3 will remain in the A-1 zoning district at this time under the updated proposal.

The property is not within the short-term limits of annexation area on the City of Billings' Limits of Annexation Map. It is within the Long Range Urban Planning Area of the City's Limits of Annexation Map. While the property could not be annexed immediately under the City's Annexation Policy, the owner could request the City review including the property in the Red Area of the map in the future, so that annexation might be possible. One of the current challenges to urban development in this area in the City is limitations on current water and sewer infrastructure and access to other City services.

Developments in similar CI zones in Yellowstone County include machine shops, personal warehouse storage, contractor storage yards and small manufacturing plants. Some of these developments might be appropriate in this area but many would not be compatible with adjacent neighbors or uses. Uses allowed in the CI zone may have more of a noise impact than the heliport depending on the type of use. Uses allowed in the CI zone are also more likely to generate noise and traffic outside of normal business hours and have more impact on the health and general welfare of the residential neighborhoods in the area.The south 20 acres of the property in close proximity to the residential uses south of the rims will remain as an A-1 zoning district under the revised applicant proposal.
 

The Planning Division recommends denial based on the proposed findings of the 11 review criteria for Zone Change 669.