Motion/Recommendation.  County Zone Change 696 - 4601 Central Ave - A zone change request from Agricultural Open Space (A-1) to Residential-15,000 (R-150), and Neighborhood Commercial (NC), on S2SWSW- S3, T1S, R25E (less C/S 2221),N2SWSW-S3, T1S, R25E, S2NWNW-S3, T1S, R25E (less C/S3035) & N2NWSW-S3, T1S, R25E, an 78.81 acre parcel of land. A pre-application neighborhood meeting was held on July 25, 2019, at the Pavilion at 3595 Monad Road. Presented by Nicole Cromwell, Zoning Coordinator.

Planning staff is recommending approval based on the findings of the 11 review criteria for Zone Change 696.

OWNER: Regal Land Development (Dan Wells)
AGENT: Scott Worthington, P.E. In Site Engineering
LEGAL DESCRIPTION: S2SWSW & N2SWSW & S2NWNW & N2NWSW of Section 3, T1S, R25E (less C/S 2221 & C/S 3035)
ADDRESS: 4601 Central Avenue
CURRENT ZONING: A-1
EXISTING LAND USE: Agriculture
PROPOSED USE: New residential subdivision
SIZE OF PARCEL: 78.81 acres

A preliminary County subdivision plat was submitted on July 1, 2019, along with a previous County zone change. The first zone change and subdivision were withdrawn. A new subdivision based on the proposed R-150 zone was submitted on August 1, 2019. The plat shows 126 lots for residential dwellings, one lot for the proposed sales office (proposed zoning is NC), a larger lot (3.8 acres) at the corner of 48th St West and Central Avenue (proposed zoning is R-150) and one 3.25 acre lot for "park land" that will include a dry hydrant for fire suppression and 2 wells (proposed zoning is R-150).

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
4601 Central	County ZC 695	June 2019	A-1 to R-50, P and NC	Withdrawn
SURROUNDING PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
Wells Garden Estates	County ZC 250	Aug 28, 1979	A-1 to R-150	Yes	New Subdivision
Shiloh Estates	County ZC 13	June 28, 1974	A-1 to R-150	Yes	New Subdivision
Maier, 48th St, Fischer, Sticka, Jericho, Aldinger, Cassity, Skalkaho, Verde Meadows, Van Arsdale, C/S 1701, 1944, 2068, 2533, 2887	County ZC 264	Dec 31, 1979	A-1 to R-150	Yes	New Subdivisions
Cloverleaf Meadows	County ZC 404	Sept 11, 1989	A-1 to A-S	Yes	New Subdivisions
Oakridge	County ZC 517	June 29, 1999	A-1 to R-150	Yes	New Subdivision
Black Rock Estates	County ZC 646	Dec 3, 2013	A-1 to R-150	Yes	New Subdivision
Bell Estates	County ZC 441 County ZC 501	July 27, 1993 Sept 1, 1998	A-1 to A-S	Yes	New Subdivision
Granite Park	County ZC 585	Oct 25, 2005	A-1 toR-150	Yes	New Subdivision
Diamond Falls	County ZC 657	April 28, 2015	A-1 to R-150	Yes	New Subdivision
C & J West & New Day Ranch Home	County ZC 432	Sept 29, 1992	A-1 to A-S	Yes	New Subdivisions
Former Cetrone Studio	County ZC 350 County ZC 405	Feb 6, 1984 Sept 11, 1989	A-1 to RMF RMF to NC	Yes Yes	Photo Studio
Cenex Zip Trip (16 Shiloh Rd)	County ZC 324 County ZC 347	June 29, 1982 Dec 13, 1983	R-150 to NC R-150 to NC	No Yes	New gas station

 
 

NORTH:	Zoning: R-150 Land Use: Low density single family neighborhood (Cassity & Skalkaho Estates)
SOUTH:	Zoning: A-1 Land Use: Agriculture
EAST:	Zoning: A-1 Land Use: Agriculture
WEST:	Zoning: R-150 Land Use: Low density single family neighborhood (Wells Garden Estates)

This is a zone change request from A-1 to R-150, and NC zoning for 78.81 acres of agricultural land on the northeast corner of Central Avenue and 48th St West. A previous zone change - Zone Change 695 - was submitted in June 2019. This application was withdrawn after the July 8, 2019 County Zoning Commission hearing. The County Commissioners accepted the request to withdraw on July 23, 2019. The prior zone change was proposed for Residential 5,000 (R-50), Public (P) and NC zoning on a 73.8 portion of this property. The prior application did not include the five acre parcel at the intersection of 48th St West and Central Avenue. This parcel is included in the new application and is proposed to be zoned R-150.

The property is in 4 separate parcels of un-platted land in Section 3 of T1S, R25E. The property has retained its original zoning of A-1, in place since November of 1973 when the County established its 4.5-mile jurisdictional zoning area around the City of Billings. Central Avenue and 48th St West are principal arterial streets and the intersection is now 4-way controlled stop. The 4-way stop was implemented as a safety measure to reduce the number of accidents. The are several nearby county subdivisions with lots ranging from 20,000 square feet to 2.5 acres or larger. Some of these subdivisions have community wells for water service but none have community septic systems or drain fields. The area is not within the "red" petition area on the city's limits of annexation but is within the Long Range Urban Planning area for annexation in the future. The City's adopted Capital Improvement Plan (CIP) shows a trunk main project planned for the 48th St West corridor starting in FY21 (June 30, 2020) and under construction the following year. The applicant does not intend to request annexation, request an annexation map amendment, or request extension of city utilities to the property. If the applicant was interested in annexation, the City Engineering Division has agreed at least in concept to install - at no expense to the property owner - an extension of water and sewer mains in Central Avenue from the current terminus at Twin Pines Townhomes approximately 1/2 mile east of the subject property.

The intersection of Central Avenue and 48th St West handles about 4,000 vehicles per day but has a higher than average crash rate according to the West End Multi-Modal traffic study completed in 2016, with 9 crashes recorded between January 2010 and December 2014. The proposed zoning and subsequent subdivision may require intersection upgrades sooner than planned for this intersection. In addition, Central Avenue and 48th St West are not developed to an arterial street standard. The subdivision will require the preparation of a Traffic Impact Study to ensure any potential impacts are mitigated or at the least known prior to construction of the new subdivision.

The West Billings Plan (2001) supports development of both county and city subdivisions but recommends that County subdivisions within areas that could be annexed (the Urban Expansion Area) should have a development plan that allows for efficient and effective conversion to city utilities and services. The West Billings Plan also shows a neighborhood services center at the intersection of Central and 48th St. West. The proposed zone change will not include any commercial or neighborhood services zoning at this intersection at this time. It is not clear that this proposed project (zone change and subdivision) includes a plan that allows for efficient and effective conversion to city utilities and services in the future.

Planning staff has reviewed the development plan, the zoning requested and the adopted County growth policy and guidance. Based on staff's findings of the 11 review criteria, a recommendation of approval is forwarded to the Zoning Commission. The proposed zoning of R-150 is a zone district that is appropriate for a residential subdivision without municipal services for water, wastewater, police, fire and similar urban level services. The proposed R-150 zone is compatible with the surrounding county neighborhood zoning and developments. The applicant has proposed a community drinking water system with individual drainfields on each proposed lot. The Department of Environmental Quality and state law deems a water supply that serves 15 or more people year round or 25 people or more for 60 consecutive days in a calendar year a "public" water supply. These small water systems are typically managed and financed privately by a Homeowner's Association or private operator. Oak Ridge Subdivision to the northwest has a similar drinking water system as does Wells Garden Estates to the west of the subject property.
 

PROPOSED ZONING COMMISSION DETERMINATIONS AND FINDINGS:
The Yellowstone County Zoning Commission, prior to any recommendation, shall consider the following:
 
1.      Is the new zoning designed in accordance with the Yellowstone County 2008 Growth Policy?
The proposed zoning is in accord with the following goals of the Yellowstone County 2008 Growth Policy and area plans:

• Goal: 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). This zone change would allow for an overall zoning plan that is consistent with the surrounding County subdivisions and neighborhoods. The primary zoning, Residential 15,000 (R-150), is a zone for County Subdivisions where on-site water and wastewater can be handled on a lot-by-lot or subdivision basis. The zone district description is as follows: “A zone intended to provide for low density, single-family residential developments in areas which may or may not be serviced by a public water and/or sewer system.” The R-150 zone allows single family dwellings on lots of at least 15,000 square feet. The surrounding subdivisions are zoned R-150 so the development pattern and neighborhood character will be compatible. Urban residential subdivisions with municipal utilities are ½-mile to the east and about 1 mile to the north and west. The established pattern in this area is for new urban growth in areas designated for annexation. This land is within the Long Range Urban Planning Area on the limits of annexation map. The owner has not applied to amend the map to include this property within the “red” petition area for annexation within the next 5 years. In 2001, and then again in 2006, the City and County engaged in area planning efforts for Billings West End. Both plans, the West Billings Neighborhood Plan and the Northwest Shiloh Area Plan, emphasize the need to differentiate between County low-density subdivisions, and to plan for subdivisions that may eventually be annexed to the city. The Plan recommended the subdivision regulations be amended to require a draft re-subdivision plan showing how larger lots would be divided in the future, how municipal utilities would be efficiently installed and connected, and already have the transportation infrastructure – full width pavement, curbs, gutters, sidewalks and boulevards – in place. The County subdivision regulations have not been amended to require this future plan and only a few recent County subdivisions within the limits of annexation can transition to an urban level of infrastructure. The plans for this development do not appear to have a plan that allows for efficient and effective conversion to city utilities and services.
• Goal: New developments that are sensitive to and compatible with the character of adjacent development. (Land Use Element Goal, page 6). This property is surrounded by adjoining agricultural land to the south and east. The proposed 5-acre parcel at the intersection of Central Avenue and 48^th St West is proposed to be zoned R-150 but may change in the future. The West Billings Plan (2001) indicated this intersection should have some neighborhood level services. The applicant is proposing a parcel of about one acre near the development entrance off Central Avenue that will be zoned Neighborhood Commercial (NC). The initial use for this property would be for a sales and showroom for the subdivision development. Future uses could include services for the residents.  

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 (BUFSA). The service charges are based on the square footage of buildings on the property plus a base fee. The BUFSA fee for Tax Year 2018 on the 78.81 acres is $424.41. Once a development is approved by the County and construction begins, BUFSA will apply fees based on each structure and lot. Residential lots in Wells Garden Estates to the west pay between $150 and $250 per year for BUFSA. There is no intent to annex and develop the property within the city. The nearest fire station is located on 54^th St West, Fire Station #7, about two road-miles north and west of the subject property. A dry hydrant is proposed along Central Avenue to allow fire engines to have water for fighting structure fires.
 
3.       Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: Any new development will increase traffic on the adjacent county and city roads. It is unknown the level of increase but up to 126 new dwelling units could be developed in the proposed subdivision. The West End Multi-Modal Transportation Study completed in 2016 indicated there is one intersection and one corridor near the subject property in need of improvements in the next 5 to 10 years. The intersection – 48^th St West and Grand Avenue - will need a traffic signal or round-a-bout and Grand Avenue from Shiloh Rd to 52^nd Street West is the corridor in need of immediate improvement. Long-term improvements are required on Central Avenue from Shiloh Road to 48^th St West and will include a signal at the intersection and a 3-lane road section to bring Central Avenue to a reasonable arterial street section. Street improvements at this level require not only the participation of adjacent landowners and developers, but city financing from the arterial street construction fund and bonding. The County has no funding mechanism in place to make street improvements required from development impacts. The further challenge along Central Avenue – and most West End Transportation corridors - is the checkerboard nature of governing responsibility between the city and county. Better coordination between jurisdictions to address the safety and access for the traveling public is needed in this and other areas of the community.
 
Water and Sewerage: The subject property is served by irrigation water. The farmstead at the intersection is served by an on-site well and septic system. The subdivision is proposing 129 lots with three of these lots for park land, water wells, or non-residential uses. The remaining 126 lots would be served by a private water system consisting of two groundwater drinking water wells. Each lot would have an individual drain field for waste water. (See attached preliminary plat). RiverStone Health and the Montana DEQ have the authority to determine what new water or wastewater facilities may be required for this level of development in the county. This will include testing of existing groundwater quality to determine the level of water treatment for drinking water and for disposal of septic wastewater.
 
Schools and Parks: The proposed zoning may have an impact on area schools when the residential neighborhood develops. Capacity of elementary schools and middle schools is a concern as current class sizes are increasing.
 
Fire and Police: BUFSA and the Yellowstone County Sheriff’s Department service the subject property. The proposed County subdivision will continue to be served by the Sheriff and by BUFSA.
 
4.        Will the new zoning promote health and general welfare?
The new zoning will allow development of property that is adjacent to existing agricultural uses. New development tends to increase property value for adjacent property. The proposed zoning and development pattern will promote the health and general welfare of the area.
 
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 any of the adjacent city or county roads. Development of the property for a new County neighborhood should include a well-designed internal road network, as well as connections to adjacent neighborhoods and street networks. The proposed subdivision appears to have only one connecting street along the ½-mile of 48^th St West, only one connecting street along the ¼-mile of Central Avenue. A Traffic Analysis will be required for this subdivision. The “trigger” for any new development is 300 or more new trips per day. The study will assess impact on the surrounding street network and helps determine the best location or locations for access to the neighborhood.
 
7.         Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with the urban zoning and developments in the vicinity.  
   
9.         Will the new zoning conserve the value of buildings?
There are no existing buildings on the property. Adjacent homes at 393 48^th St West (one acre) and 4620 Central (one acre) will be directly adjacent to the new development. The marketability of these rural residences will likely be maintained based on the new subdivision.
 
10.       Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property may be suitable for the uses allowed in the proposed R-150 and NC zones. The property is suitable for low density residential development allowed in the R-150 zone. This level of residential development is appropriate for county level services.  
 
11.       Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The property is not directly adjacent to any City zoning districts. To the north and west are a variety of urban zoning districts including RMF-R, R-70, R-96, Community Commercial (CC) and NC. These zoning districts are compatible but they are not adjacent.
 

Staff recommends approval based on the findings of the 11 review criteria for Zone Change 696.