a.
County Zoning Commission
- Meeting Date:
- 09/12/2016
- SUBJECT
- Zone Change 676 - Aviation Properties - A-1 to HC
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
Item #1. County Zone Change 676 – West of Logan Airport – Highway 3 – A zone change request from Agriculture-Open Space (A-1) to Highway Commercial (HC) on the south 600 feet of C/S 2037 Tracts 13 & 14, a 20 acre parcel of land. A pre-application meeting was held at the Tolliver Law Firm, 1004 Division St, on July 21, 2016. Presented by Nicole Cromwell, Zoning Coordinator
RECOMMENDATION
The Planning Division recommends approval and adoption of the proposed findings of the 11 criteria.
APPLICATION DATA
| OWNER: Aviation Properties, LLC | |
| AGENT: Tolliver Law Firm, Tyler Dugger | |
| LEGAL DESCRIPTION: The south 600 feet of Tract 13 & 14 of C/S 2037 | |
| ADDRESS: None assigned - new building on the north 600 feet is addressed as 2101 US Highway 3 | |
| CURRENT ZONING: A-1 | |
| EXISTING LAND USE: Dryland grazing | |
| PROPOSED USE: Future commercial development | |
| SIZE OF PARCEL: ~20 acres |
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
Subject Property: The northern 40 acres of these tracts was the subject of Zone Change 669 considered and approved by the Board of County Commissioners in early 2016. The zone change included 20 acres of Public zoning and 20 acres of Controlled Industrial zoning. Subsequent to the zone change approval, a group of surrounding property owners filed suit against the property owners, Aviation Properties, LLC. This application was submitted to finalize the intended zoning and use of the 20 acres with frontage on Highway 3 that remained in the A-1 zoning.
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 proposed HC zoning is intended to "to provide areas for commercial and service enterprises which are intended primarily to serve the needs of the tourist, traveler, recreationist or the general traveling public. Areas designated as Highway Commercial should be located in the vicinity of, and accessible from interstate interchanges, intersections on limited access highways, or adjacent to primary or secondary highways."
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 proposed HC zoning is intended to "to provide areas for commercial and service enterprises which are intended primarily to serve the needs of the tourist, traveler, recreationist or the general traveling public. Areas designated as Highway Commercial should be located in the vicinity of, and accessible from interstate interchanges, intersections on limited access highways, or adjacent to primary or secondary highways."
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: CI Land Use: Agricultural/vacant |
| SOUTH: | Zoning: R-96 and R-70 (City) Land Use: Single family and two-family dwellings/vacant subdivision |
| EAST: | Zoning: Public Land Use: Billings Logan Airport |
| WEST: | Zoning: A-1 Land Use: Agricultural/vacant |
BACKGROUND
In December 2015, the applicants filed a zone change for the northern 40 acres of these 2 tracts in C/S 2037. The proposed zoning was Public zoning on the north 20 acres to accommodate a heliport and the middle 20 acres was proposed for CI to accommodate ancillary and service providers for heliport users and equipment. The zone change was ultimately approved by the Board of County Commissioners. The southern 20 acres with frontage on Highway 3 remained in the A-1 zoning district.
After the zone change was approved, a group of surrounding property owners filed suit against the applicant. The 2 parties to the suit have been negotiating a settlement. Part of the proposed settlement includes a final zoning designation for the south 20 acres from A-1 to HC. The surrounding owners are concerned the south 20 acres would be proposed for CI zoning and be a detriment to their homes and investments.
The proposed HC zoning would allow many uses including mixed uses of residential, service businesses, retail, wholesale, offices, schools and other similar uses. HC zoning is found throughout Billings and in areas of the 4.5 mile jurisdictional area outside the City. Many properties along Old Hardin Road, King Ave West, portions of King Avenue East, and along Main Street in Billings Heights are zoned HC. If this property is development outside the city limits without public water or sewer services, the lack of services will limit some of the possible uses. It is likely businesses that require large storage sites and use little water will develop on this site if the property is not placed within the City Annexation Petition Area from the Long Range Urban Planning Area, where it is located now.
The property has 1,342 linear feet of frontage along Highway 3. Highway 3 is an entry corridor to the County and City. Development of land adjacent to this corridor will have a definite effect on the surrounding property and traveling public. There is no specific development proposal for the property at this time. Any development will need to meet the site development requirements for the proposed zoning, including landscaping, building setbacks, and height limitations. Higher site development standards for improvements like parking and storm water management apply within the City Limits.
The Planning Division recently completed a Highway 3 Corridor study to identify safety improvements for motorized and non-motorized 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 and/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 when a development occurs. The property currently has two 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 Tract 14 that appears to be little used. A new or improved state-approved access will be needed to provide safe access to any proposed development. 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 a development in the HC zone is 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 Planning Division has reviewed the requested zone change and 11 review criteria for all County zone changes and is recommending approval. The proposed zoning is compatible with the adjacent zoning of CI to the north and Public to the east. Zoning south of Highway 3 within the city limits is designated lower density residential of R-96 and R-70. Most of these parcel have been developed with dwellings that take advantage of the view of the City below the rims. Residential zoning is not usually found along high speed highway corridors except in areas where an amenity - such as the view from a top the rims - is desired. The types of uses and the intent of the zoning district are compatible with the types of traffic along Highway 3.
Any proposed use of the property will have to meet the requirements of the FAA and the Airport Influence Zone around Billings Logan Airport. Land uses sensitive to noise - such as residences, hospitals, schools - would be discouraged at this location. Agricultural uses may continue on the parcel. Property to the west is undeveloped and used for low intensity agricultural uses such as grazing and haying. The 2008 Growth Policy emphasized the need to ensure new zoning is compatible with existing development and that land use decisions were predictable and consistent throughout the City and County. The proposed zoning is consistent with the nature of Highway 3 and the adjacent and proposed land uses on the north side of Highway 3. Residential zoning and development in proximity of Billings Logan Airport is not consistent with the planned uses in the area. Existing agricultural uses on the property and on adjacent land to the west are compatible with the proposed zoning. The property has a 1/4-mile frontage on Highway 3 and the proposed zoning of HC is consistent with similarly situated land both in the City and County.
After the zone change was approved, a group of surrounding property owners filed suit against the applicant. The 2 parties to the suit have been negotiating a settlement. Part of the proposed settlement includes a final zoning designation for the south 20 acres from A-1 to HC. The surrounding owners are concerned the south 20 acres would be proposed for CI zoning and be a detriment to their homes and investments.
The proposed HC zoning would allow many uses including mixed uses of residential, service businesses, retail, wholesale, offices, schools and other similar uses. HC zoning is found throughout Billings and in areas of the 4.5 mile jurisdictional area outside the City. Many properties along Old Hardin Road, King Ave West, portions of King Avenue East, and along Main Street in Billings Heights are zoned HC. If this property is development outside the city limits without public water or sewer services, the lack of services will limit some of the possible uses. It is likely businesses that require large storage sites and use little water will develop on this site if the property is not placed within the City Annexation Petition Area from the Long Range Urban Planning Area, where it is located now.
The property has 1,342 linear feet of frontage along Highway 3. Highway 3 is an entry corridor to the County and City. Development of land adjacent to this corridor will have a definite effect on the surrounding property and traveling public. There is no specific development proposal for the property at this time. Any development will need to meet the site development requirements for the proposed zoning, including landscaping, building setbacks, and height limitations. Higher site development standards for improvements like parking and storm water management apply within the City Limits.
The Planning Division recently completed a Highway 3 Corridor study to identify safety improvements for motorized and non-motorized 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 and/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 when a development occurs. The property currently has two 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 Tract 14 that appears to be little used. A new or improved state-approved access will be needed to provide safe access to any proposed development. 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 a development in the HC zone is 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 Planning Division has reviewed the requested zone change and 11 review criteria for all County zone changes and is recommending approval. The proposed zoning is compatible with the adjacent zoning of CI to the north and Public to the east. Zoning south of Highway 3 within the city limits is designated lower density residential of R-96 and R-70. Most of these parcel have been developed with dwellings that take advantage of the view of the City below the rims. Residential zoning is not usually found along high speed highway corridors except in areas where an amenity - such as the view from a top the rims - is desired. The types of uses and the intent of the zoning district are compatible with the types of traffic along Highway 3.
Any proposed use of the property will have to meet the requirements of the FAA and the Airport Influence Zone around Billings Logan Airport. Land uses sensitive to noise - such as residences, hospitals, schools - would be discouraged at this location. Agricultural uses may continue on the parcel. Property to the west is undeveloped and used for low intensity agricultural uses such as grazing and haying. The 2008 Growth Policy emphasized the need to ensure new zoning is compatible with existing development and that land use decisions were predictable and consistent throughout the City and County. The proposed zoning is consistent with the nature of Highway 3 and the adjacent and proposed land uses on the north side of Highway 3. Residential zoning and development in proximity of Billings Logan Airport is not consistent with the planned uses in the area. Existing agricultural uses on the property and on adjacent land to the west are compatible with the proposed zoning. The property has a 1/4-mile frontage on Highway 3 and the proposed zoning of HC is consistent with similarly situated land both in the City and County.
RECOMMENDATION
The Planning Division recommends approval and adoption of the proposed findings of the 11 criteria.