County Zone Change 694 – 2821 US Hwy 87 N. - A zone change from Residential 9,600 (R-96) to Community Commercial (CC), on C.O.S. 603, PARCEL 2A, AMND,  S11, T01 N, R26 E, a 1.896 acre parcel of land. A pre-application neighborhood meeting was held on April 24, 2019, at 2811 Highway 87 N.  Presented by Karen Husman, Planner I

Planning staff recommends approval of Zone Change 694 and adoption of the findings of the 11 criteria for this zone change.

OWNER:  Donald Hurley
AGENT:  Chuck Platt, Diamond Real Estate
LEGAL DESCRIPTION:  C.O.S. 603, PARCEL 2A, AMND
SIZE OF PARCEL:  1.896
EXISTING LAND USE: Vacant 
PROPOSED LAND USE: Commercial 
EXISTING ZONING: R-96
PROPOSED ZONING: CC

None.

None.

NORTH: Zoning: R-96
Land Use: School
SOUTH: Zoning:       HC
Land Use: Commercial
EAST: Zoning: R-96
Land Use: Residential
WEST: Zoning: A-1
Land Use: Residential and Agricultural

The current zoning was in effect since 1973 when the county adopted jurisdictional zoning around the City of Billings. The applicant is requesting a zone change from Residential 9,600 (R-96) to Community Commercial (CC). The property is adjacent to low density residential and agricultural uses. There is a School located to the north of the property and Zentz Lumber generally located to the south. It is in line with the existing growth in this area and would be compatible with what is already there.  The proposed zoning would bring predictable land use with it.
 
A neighborhood meeting was conducted by the applicant on April 24, 2019, at 2811 Highway 87 N. There were seven attendees at the meeting.  Details of the neighborhood meeting are included in the attachments.
 
The applicant intends to sell the property and has not been able to sell it under its current zoning of R-96.  There have been some interested in purchasing the property for a commercial use.  These inquiries are what instigated the request for a change in zoning.

PROPOSED COUNTY ZONING COMMISSION DETERMINATIONS
Prior to making a recommendation to the Board of County Commissioners, the Zoning Commission shall consider the following:
 
1.      Is the new zoning designed in accordance with the Yellowstone County 2008 Growth Policy?
The proposed zoning does comply with the following goals of the Yellowstone County and City of Billings 2008 Growth Policy and area plans:
 

• Predictable land use decision that are consistent with neighborhood character and preferred land use patterns identified in the growth policy. (Land Use Element, page 6).

The potential uses with a CC zone are currently limited for this property due to its location.  It is likely businesses that require large storage sites and use little water will develop on this site.  The proposed zoning is consistent with the character of the area and the preferred land use patterns along high speed highway corridors. This area of the County includes zoning for agriculture including commercial greenhouses, commercial horse stables, riding arenas, veterinaries, commercial dog kennels as well as low density residential uses. The 2008 Growth Policy did not specifically identify this area for future commercial development or expansion, but the adjacent highway and uses support this type of zoning and development.     

• Goal: New developments that are sensitive to and compatible with the character of adjacent development. (Land Use Element Goal, page 6).

This property is adjacent to R-96, HC and CC, and across the highway from A-1. There is a school to the north and a lumber company to the south.
 

2. Is the new zoning designed to secure from fire and other danger?

The subject property is currently served by the Billings Urban Fire Service Area and pays a small assessment based on the structure currently on the property. Any new structures would trigger additional fees to the fire service district.
 

3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?

Transportation: The proposed zoning will have a measurable effect on traffic generation when a new business is developed on the property. A new or improved state-approved access will be needed to provide safe access to any future development.  The current use of the property generates little or no traffic on a daily basis.
 
Water and Sewerage:  The property will not be served by public water and sewer systems. The property is not currently within the City's Long Range Urban Planning area.
 
Schools and Parks: The proposed zoning should not impact the student population. Residential uses are not currently planned for the property.
 
Fire and Police: The subject property is serviced by BUFSA and the Yellowstone County Sheriff’s Department.  Fire protection will be evaluated at the time of any development of the site.
 

4. Will the new zoning promote health and general welfare?

The proposed zoning may promote the health and general welfare. The proposed CC zoning will allow the owner to ensure future development is not intrusive to property to the south and still allowing compatible uses adjacent R-96 zoning to the north and east.   
 
5.         Will the new zoning provide adequate light and air?
The proposed zoning would require minimum setbacks, maximum building heights and maximum lot coverage.  These requirements should allow adequate light and air to reach the subject property and adjacent properties.
 
6.         Will the new zoning effect motorized and non-motorized transportation?
The proposed zoning itself will not generate more traffic on streets. Pedestrian traffic in the area is limited due to the lack of sidewalks and trails on a high-speed state highway. Residential development is generally located east of the property and the main motorized access is Highway 87N.
 
7.         Will the new zoning be compatible with urban growth in the vicinity?
            The proposed zoning is compatible with the adjacent zoning and existing urban growth in the vicinity. Property west of the subject parcel (across Hwy 87) is zoned A-1 and used for ranching and very low density residential purposes and property to the east is zoned for  low density residential neighborhoods. The property is east of the City’s Long Range Urban Planning Area of the City’s Limits of Annexation Map .
 

8. Does the new zoning consider the character of the district and the suitability of the property for particular uses?

The subject property is in an area adjacent to a high-speed highway entry corridor to the City and County. The current and proposed zoning is compatible with the character of the uses and zoning to the south. There are no developments plans for this parcel but future uses will be limited due to the lack of public utility services.
 
9.         Will the new zoning conserve the value of buildings?
   The new zoning is not expected to alter the value of any buildings in the area. It is not known if its proximity to residential property in the area will affect the value of residential buildings. The value of the residential homes are based on their location as opposed to frontage along a highway corridor. Any development of the property will need to meet the site development requirements in the zoning code, including landscaping, screening, building heights and setbacks.
 
10.       Will the new zoning encourage the most appropriate use of land in Yellowstone County? The proposed zoning does encourage the most appropriate use of land in this area of the County.
 
11.       Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
            The proposed zoning is a zoning that is also present in the City of Billings but not in the immediate area of the property. CC zoning could allow more intense uses than currently allowed in adjacent zoning districts but the potential universe of intense uses is currently limited due to the lack of access to public facilities including water and sewer services.  

Planning Staff is forwarding a recommendation of approval for Zone Change 694 and adoption of the findings of the 11 review criteria.