County Zone Change 705 – NE side of Grand at 62nd St W – from RR1 to C3 & N4 - A zone change request from Rural Residential  (RR1) to General Commercial (C3) and Large Lot Residential (N4), on Lot 104A, Sunny Cove Fruit Farm, a 17.55 acre parcel of land. A pre-application neighborhood meeting was held on May 28, 2021, at 1411 Chy Way. Tax ID: D04691. Presented by: Karen Husman, Planner I.

Planning Division recommends approval of Zone Change 705 and adoption of the 11 criteria detailed in the summary section of this memo.

OWNER:   John Poukish                    
LEGAL DESCRIPTION: Lot, 104A of Sunny Cove Fruit Farms    
ADDRESS:    Intersection of Grand Ave. and 62nd St.        
SIZE OF PARCEL:         17.55 Acres
EXISTING LAND USE:     Agricultural
PROPOSED LAND USE:     Residential, Ag. & Commercial
EXISTING ZONING:        RR1
PROPOSED ZONING:    C3 & N4

None

NORTH: Zoning: N4
Land Use: Residential/Agricultural 
SOUTH: Zoning: RR3
Land Use: Residential/Agricultural
EAST: Zoning: C3 & RR3
Land Use: Residential/Agricultural
WEST: Zoning: RR3
Land Use: Residential/Agricultural

The subject property is located at Grand Ave and 62nd Street West. The property was recently approved for Zone Change 700 in May of 2020 for a zone change request from Agricultural Open Space (A-1) to Agricultural Suburban (A-S) and Community Commercial (CC), on Lots 89, 104 and 121 of Sunny Cove Fruit Farms, a combined 28.6 acre parcel of land.  The applicant was also granted approval in 2020 for an exempt plat application to realign the southern parcel to create a triangular lot for the proposed CC zoning.  The ditch provided a buffer between the proposed commercial lot and the proposed A-1 parcels.  

After Project Re-Code was approved, the A-1 parcels became Rural Residential 1 (RR1) and the CC became General Commercial (C3).  This request will extend the area of C3 to the east of the ditch, and the northern portion will become N4 allowing large lot residential.   The current zoning of RR allows one residential dwelling unit per 1-3 acres.  The majority of this property was previously used for agriculture purposes.  The property has been sold and the new owner does not intend to use the land for agricultural purposes. The portion of about 5 acres is proposed for commercial use adjacent to Grand Avenue and the remaining will be developed with housing up to one acre per lot.  Due to groundwater issues, there are limitations for allowed septic systems, the DEQ and Health Department will make determinations for allowance of permitted systems on the property.

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 does comply with the following goals of the Yellowstone County 2008 Growth Policy and area plans:

Predictable land use decision that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans. 
This zone change would allow for additional area for commercial uses at the intersection of two principal arterial streets. 
Goal: New developments that are sensitive to and compatible with the character of adjacent development. 
This property is adjacent to agricultural and residential uses. The intended uses are compatible surrounding uses.  There are commercial uses and zoning nearby at 54th and Grand Ave.  

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 nearest fire station is located on at 54th Street West and Grand Avenue (Station #7) less than one mile north and east of the subject property. Future subdivision of land the Fire Marshal may require additional on-site water supply for fire protection. 

3.    Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements? 
Transportation: Development under the new zoning will increase traffic on 62nd Street and Grand Avenue. The level of traffic increase will be dependent on the development of the proposed C3 zoned parcel.

Water and Sewerage:    The property will be served by septic systems and on-site water (cisterns or wells) City of Billings’ public utilities are not available and are not intended to be extended to this area for more than 5 years.  

Schools and Parks: The proposed zoning would impact two schools as it develops, Elder Grove Elementary and Middle school and West High School. 

Fire and Police: The subject property is serviced by the Billings Fire Department and the Yellowstone County Sheriff’s Department.  Fire protection will be evaluated at the time of a development plan. 

4.    Will the new zoning promote health and general welfare?
The new zoning will allow development of property that is adjacent to an existing commercial use and at the intersection of two arterial streets in the County. There is planned to be commercial and residential development on the property, which is not expected to have a negative impact on the surrounding uses. The zoning is not expected to have a negative effect on 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 streets. 
Pedestrian traffic in the area is limited due to high speed arterials, no pedestrian facilities, and large-lot residential development. 

7.    Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with nearby urban zoning and development. However, lack of water and sewer infrastructure is likely to limit the types of development that may be supported on the property in the C3 zoning district. The proposed zoning and development is consistent with the area. 

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 that is primarily agricultural with a few small residential subdivisions and a mini-storage on the adjacent property. The property is suitable for C3 uses at the intersection of two arterial streets. It is likely the character of the area will change to commercial uses at this node, which follow the goals and policies of the Growth Policy for Yellowstone County.   

9.    Will the new zoning conserve the value of buildings? 
The new zoning will allow the development of new commercial and residential uses adjacent to agricultural, residential and commercial uses. The new residential and commercial uses should have a limited effect on the surrounding properties.  

10.    Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for some of the uses allowed in the C3 zoning district. Without access to public utilities, many of the higher intensity uses could not be developed including multi-family apartments and restaurants. The C3 zoning at the corner of the two arterials is an appropriate use for the land. Certain uses that generate high traffic such as restaurants and retail uses are not possible at this location without annexation and the provision of public water and sewer. The property is suitable for the proposed residential development.  This is an appropriate use of land in this area of the County and will encourage similar development to what is already in this part 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 close to the City of Billings and is compatible with the typical urban development at arterial intersection.  

Planning Division recommends approval of Zone Change 705 and adoption of the 11 criteria.