c.3.
County Zoning Commission
- Meeting Date:
- 02/13/2017
- SUBJECT
- ZC 680 - Highway 3 - West of the Billings Logan International Airport
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
Item # 3: County Zone Change 680 – Highway 3 – A zone change request from Controlled Industrial (CI) to Highway Commercial (HC) on a portion of Tracts 13 & 14 of C/S 2037, more particularly described as the south 247 feet of the current CI zone as shown on the zoning map. The property us located just west of the Billings Logan International Airport and north of Highway 3. The land area will be 7.61 acres (247 feet by 1,343 feet). A pre-application meeting was held at the offices of Tolliver Law Firm at 1004 Division Street on December 1, 2016. Presented by Nicole Cromwell, Zoning Coordinator
RECOMMENDATION
APPLICATION DATA
| OWNER: Aviation Properties, LLC | |
| AGENT: Tyler Dugger, Tolliver Law Firm | |
| LEGAL DESCRIPTION: C/S 2037, Tracts 13 & 14 - the south 247 feet of the central portion of the property currently zoned CI | |
| ADDRESS: 2101 Highway 3 | |
| CURRENT ZONING: CI | |
| EXISTING LAND USE: Vacant land | |
| PROPOSED USE: same with possible future development | |
| SIZE OF PARCEL: 7.61 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. A second application was submitted (Zone Change 676) to finalize the intended zoning and use of the 20 acres with frontage on Highway 3 that remained in the A-1 zoning. This zone change to Highway Commercial (HC) was approved in September 2016. This zone change was submitted after the 1 year waiting period imposed on the first application to finalize the agreement between the parties to the law suit and move the CI boundary 247 feet north of its current location and allow the subject property to have more HC zoning - 27.61 acres.
Surrounding 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 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 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 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: Vacant |
| SOUTH: | Zoning: HC Land Use: Vacant |
| 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, until September 2016, when a zone change for the southern 20 acres was approved for Highway Commercial (HC).
After the 2015 zone change was approved, a group of surrounding property owners filed suit against the applicant. The 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 and a zone change for the southern 247 feet of the 20 acres of CI zoning 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 proposed new boundary of the HC zoning district will add 7.61 acres of land to this zoning district. There are some uses allowed in the CI zone that could be detrimental to the surrounding properties especially those residences south of Highway 3. The new zoning boundary will align with the existing topography of the site so the HC zoning will extend just north of the "red barn" on the agricultural land.
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 throughout this portion of the corridor. 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 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 parcels 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 close 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 2015 zone change was approved, a group of surrounding property owners filed suit against the applicant. The 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 and a zone change for the southern 247 feet of the 20 acres of CI zoning 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 proposed new boundary of the HC zoning district will add 7.61 acres of land to this zoning district. There are some uses allowed in the CI zone that could be detrimental to the surrounding properties especially those residences south of Highway 3. The new zoning boundary will align with the existing topography of the site so the HC zoning will extend just north of the "red barn" on the agricultural land.
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 throughout this portion of the corridor. 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 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 parcels 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 close 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.