b.
County Zoning Commission
- Meeting Date:
- 06/13/2022
- SUBJECT
- County Zone Change 709 - 70th St W and Rimrock Rd - A to RR1
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
County Zone Change 709 – 70th St West and Rimrock Road – A to RR1 – This is a zone change request for property located near the intersection of 70th St West and Rimrock Road and is currently zoned Agriculture (A). The property is legally described as a parcel in the NWNW of Section 36, Township 1 North, Range 24 East (less Sunny Cove Fruit Farms Amended Lot 47A) and has a total acreage of 28.953 acres. The proposed zoning of RR1 will only apply to a 5.51 section of the parcel south fo Rimrock Road. This zoning would allow the subdivision of this section of the property into lots between 1 acre and 2.99 acres. The current zoning only allows lots of at least 10 acres in area. The previous zoning of the property under the 1973 County zoning regulations was Residential 15,000 (R-150).
RECOMMENDATION
Planning staff is recommending approval of the requested zone change and adoption of the findings of the 11 criteria for Zone Change 709.
APPLICATION DATA
| OWNER: Hageman Farms | |
| AGENT: Shawn Thorson, P.E. of IMEG Corp. | |
| LEGAL DESCRIPTION: NWNW of Section 36, Township 1 North Range 24 East (less Sunny Cove Fruit Farms Amended Lot 47A) | |
| ADDRESS: 70th St West and Rimrock Road | |
| CURRENT ZONING: A - Agriculture | |
| EXISTING LAND USE: Agriculture | |
| PROPOSED USE: 5.51 acres of single family residences | |
| SIZE OF PARCEL: 28.953 acres |
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
See Attachments
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: N3 and Public 1 (P1) Land Use: City Residential Subdivision - Copper Ridge - and public parkland |
| SOUTH: | Zoning: RR3 Land Use: Low Density Residential and Agriculture |
| EAST: | Zoning: A and RR3 Land Use: Low Density Residential and Agriculture |
| WEST: | Zoning: Un-zoned Land Use: Agriculture |
BACKGROUND
This is a zone change request for a 5.501-acre section of a 28.953 acre parcel of land at 70th St West and Rimrock Road south of the city limits. The Limits of Annexation area south of Rimrock Road currently ends at 62nd Street West. There are city utilities in Rimrock Road west of 62nd Street W, but the city does not intend to extend those utilities to the south at this time. A landowner may request an amendment to the annexation map however this would require an Urban Planning Study to determine whether extension of utilities and other city services is feasible, practicable, and economically sustainable. The applicant would like to change the zoning for a small portion of the property to allow a few low density residential lots on the property that will match the existing county subdivisions to the south and east. At the time of subdivision, impacts from the development will be quantified and mitigated as required by County subdivision regulations. This is in an area identified for rural and large lot residential development in the West Billings Neighborhood Plan adopted by the city and county in 2001.
Five minor large lot county residential subdivisions have been developed in this area in the last 15 years - Cold Stone Estates, Hardy Boys, Lamm Subdivision, CC Subdivision and Golden Willow. These are generally located south and east of this location with primary access off Grand Avenue. There are also similar but older subdivisions in the area including Sunny Cove Fruit Farms (est. 1910), a subdivision of Section 31 (640 acres) and most of Section 36 (600 acres) except for the northwest 40 acres of land where the subject property is located. The original subdivision provided for 128 parcels of land of about 9.5 acres each with dedication of the section line roads of Rimrock, Grand Ave, 54th St West, 62nd St West and 70th St West. Six north to south subsection roads were also platted including 68th St W, 66th St W, 64th St W, 60th St W, 58th St W and 56th St W. The midsection road of Colton Boulevard was also platted with Sunny Cove Fruit Farms. Newer subdivisions including several city subdivisions of the original Sunny Cove Fruit Farms lots have occurred over the last 20 years.
The existing county minor subdivisions have lots that range from one acre to 7+ acres. Most of the residential subdivisions rely on either on-site water and wastewater or small community water or wastewater systems or both. A west end groundwater study completed in the last decade has indicated the local shallow aquifer in this area will be depleted (quantity) and water quality will be lower in the next 20 to 25 years. This is primarily due to less irrigation as well as more on-site waste water disposal. The irrigated farm land in West Billings has helped to replenish the aquifer while the additional discharge of waste water from septic systems has contributed excess nutrients (nitrogen) to the groundwater. It is expected alternate drinking water supplies, other than groundwater wells, will be required for many county subdivisions as development continues. While this information is important, how developments propose to handle water or wastewater is ultimately the authority of the Montana Department of Environmental Quality. The necessary approvals of how water and wastewater are handled require approval from this agency as part of subdivision review. If the property were to not develop through subdivision, sanitation approval would still be required.
Rimrock Road west of 62nd St West has a lower level of traffic volume at about 2,400 vehicle trips per day. East of 62nd St W, Rimrock Road is considered a principal arterial street at carries many times the volume of the section west of 62nd St W. There is no posted speed limit for this section of Rimrock Road. The West End Multimodal Traffic Study completed in 2015 studied the traffic safety and capacity of major street and road intersections in the area (Executive Summary attached). No improvements from current conditions on this section of Rimrock Road were recommended. A design study for 62nd St W and Rimrock Road was recommended in the short term with a long term solution of either a round-about or a traffic signal. MDT is currently moving forward to construct a round-about at 62nd St. W and Rimrock Road in the next few years.
The County's 2008 Growth Policy supports new developments that are compatible with existing development and neighborhoods. The RR1 zoning is a large lot rural zone that is compatible with a variety other land uses including the surrounding agricultural and rural residential uses.
Five minor large lot county residential subdivisions have been developed in this area in the last 15 years - Cold Stone Estates, Hardy Boys, Lamm Subdivision, CC Subdivision and Golden Willow. These are generally located south and east of this location with primary access off Grand Avenue. There are also similar but older subdivisions in the area including Sunny Cove Fruit Farms (est. 1910), a subdivision of Section 31 (640 acres) and most of Section 36 (600 acres) except for the northwest 40 acres of land where the subject property is located. The original subdivision provided for 128 parcels of land of about 9.5 acres each with dedication of the section line roads of Rimrock, Grand Ave, 54th St West, 62nd St West and 70th St West. Six north to south subsection roads were also platted including 68th St W, 66th St W, 64th St W, 60th St W, 58th St W and 56th St W. The midsection road of Colton Boulevard was also platted with Sunny Cove Fruit Farms. Newer subdivisions including several city subdivisions of the original Sunny Cove Fruit Farms lots have occurred over the last 20 years.
The existing county minor subdivisions have lots that range from one acre to 7+ acres. Most of the residential subdivisions rely on either on-site water and wastewater or small community water or wastewater systems or both. A west end groundwater study completed in the last decade has indicated the local shallow aquifer in this area will be depleted (quantity) and water quality will be lower in the next 20 to 25 years. This is primarily due to less irrigation as well as more on-site waste water disposal. The irrigated farm land in West Billings has helped to replenish the aquifer while the additional discharge of waste water from septic systems has contributed excess nutrients (nitrogen) to the groundwater. It is expected alternate drinking water supplies, other than groundwater wells, will be required for many county subdivisions as development continues. While this information is important, how developments propose to handle water or wastewater is ultimately the authority of the Montana Department of Environmental Quality. The necessary approvals of how water and wastewater are handled require approval from this agency as part of subdivision review. If the property were to not develop through subdivision, sanitation approval would still be required.
Rimrock Road west of 62nd St West has a lower level of traffic volume at about 2,400 vehicle trips per day. East of 62nd St W, Rimrock Road is considered a principal arterial street at carries many times the volume of the section west of 62nd St W. There is no posted speed limit for this section of Rimrock Road. The West End Multimodal Traffic Study completed in 2015 studied the traffic safety and capacity of major street and road intersections in the area (Executive Summary attached). No improvements from current conditions on this section of Rimrock Road were recommended. A design study for 62nd St W and Rimrock Road was recommended in the short term with a long term solution of either a round-about or a traffic signal. MDT is currently moving forward to construct a round-about at 62nd St. W and Rimrock Road in the next few years.
The County's 2008 Growth Policy supports new developments that are compatible with existing development and neighborhoods. The RR1 zoning is a large lot rural zone that is compatible with a variety other land uses including the surrounding agricultural and rural residential uses.
SUMMARY
Prior to making a recommendation to the Board of county Commissioners, the Zoning Commission shall consider the findings of the 11 review criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning does comply with the following goals of the County Growth Policy and area plans:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning does comply with the following goals of the County Growth Policy and area plans:
- Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.
- New developments that are sensitive to and compatible with the character of adjacent City neighborhoods and County town sites.
- Contiguous development focused in and around existing population centers separated by open space. Preserve neighborhood character and quality of life.
This zone change would allow this parcel to develop in the same way to adjacent County subdivisions. The zoning is consistent and compatible with the area. The existing zoning district is intended to allow agricultural land uses with rural homes. The RR1 zone is meant to accommodate residential home sites between 1 and 2.99 acres. There is a demand for single family homes in the County with larger lots.
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 property will have access from 70th St West, a county road. There should be adequate ingress and egress to the property for emergency vehicles. The property is not served by public water and may need to ensure fire protection water supply through the subdivision process. This may include installation of a dry hydrant cistern or gaining access to an existing nearby dry hydrant system. The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies.
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 slightly on 70th St W and Rimrock Road. Both are considered local streets and have low traffic volumes. The level of traffic increase will be dependent on the number of residential dwelling units constructed. Any development will require careful placement and construction of the access to 70th St W. The posted speed limit on 70th St W at this location is up to 55 mph.
Water and Sewerage: The property will need to provide water for domestic use and waste water disposal on site. Water can be provided by individual wells, a communal well or by individual cisterns on the lots. Waste water can be handled by individual septic systems or by a community system. The type and manner of these services will be determined at the time of subdivision review.
Schools and Parks: The proposed zoning would likely increase the number of school children attending the School District 2 schools of Meadowlark, Ben Steele and West High School. The number of dwelling units will determine the possible impact on schools. The School District had no comments on the application.
Fire and Police: The subject property is serviced by the Billings Urban Fire Service Area (BUFSA). Fire suppression requirements will be evaluated at the time of a development plan. The Billings Fire Department will continue to provide fire protection services for this property with or without a zone change.
4. Will the new zoning promote health and general welfare?
The new zoning will allow development of property that is directly adjacent to low density residential uses to the south and active agricultural uses to the south, east and west. There are few newer County subdivisions near the subject property. The area is outside the limits of annexation for Billings and is not within the long range planning area for future annexations. There is planned to be residential development on the property, which is not expected to have a negative impact on the surrounding uses. The new zoning and development of 5.5 acres of a vacant parcel would provide a predictable use of the property and promote the health and general welfare of the adjacent area.
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 property will have access from 70th St West, a county road. There should be adequate ingress and egress to the property for emergency vehicles. The property is not served by public water and may need to ensure fire protection water supply through the subdivision process. This may include installation of a dry hydrant cistern or gaining access to an existing nearby dry hydrant system. The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies.
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 slightly on 70th St W and Rimrock Road. Both are considered local streets and have low traffic volumes. The level of traffic increase will be dependent on the number of residential dwelling units constructed. Any development will require careful placement and construction of the access to 70th St W. The posted speed limit on 70th St W at this location is up to 55 mph.
Water and Sewerage: The property will need to provide water for domestic use and waste water disposal on site. Water can be provided by individual wells, a communal well or by individual cisterns on the lots. Waste water can be handled by individual septic systems or by a community system. The type and manner of these services will be determined at the time of subdivision review.
Schools and Parks: The proposed zoning would likely increase the number of school children attending the School District 2 schools of Meadowlark, Ben Steele and West High School. The number of dwelling units will determine the possible impact on schools. The School District had no comments on the application.
Fire and Police: The subject property is serviced by the Billings Urban Fire Service Area (BUFSA). Fire suppression requirements will be evaluated at the time of a development plan. The Billings Fire Department will continue to provide fire protection services for this property with or without a zone change.
4. Will the new zoning promote health and general welfare?
The new zoning will allow development of property that is directly adjacent to low density residential uses to the south and active agricultural uses to the south, east and west. There are few newer County subdivisions near the subject property. The area is outside the limits of annexation for Billings and is not within the long range planning area for future annexations. There is planned to be residential development on the property, which is not expected to have a negative impact on the surrounding uses. The new zoning and development of 5.5 acres of a vacant parcel would provide a predictable use of the property and promote the health and general welfare of the adjacent 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, but the development of the property for residential uses will add a little traffic volume to the surrounding street network. The estimated increase in traffic would depend on the number of units approved with this development. Each single family dwelling creates 10 to 13 new traffic trips per day on average. This includes trips generated by the residents as well as deliveries and services for the new home. Pedestrian traffic in the area is limited due to the lack of any pedestrian facilities on the County roads. The County will not require sidewalks in a subdivision with lots of this size.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with nearby urban zoning and development. The proposed zoning is compatible with the low density County residential zoning and the adjacent agriculture zoning.
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 a mix of low density residential and agricultural uses on the adjacent property. The property is suitable for the RR1 uses for lower density rural residential development.
9. Will the new zoning conserve the value of buildings?
The new zoning will allow the development of new residential uses adjacent to agricultural and residential uses. The new residential uses should have a limited effect on existing structures on surrounding properties. There are currently no buildings on the property.
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the uses allowed in the RR1 zoning district. 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 limits of Billings, is compatible as possible with the urban zoning of N3 and is compatible with the typical rural development in this area of West Billings.
RECOMMENDATION
Staff recommends the Zoning Commission recommend approval of the zone change and adoption of the findings of the 11 review criteria for Zone Change 709.