County Zone Change 718 is a request to change the zoning on Lots 17 & 18 (Mixed Residential 1 - NX1) and Lot 19 (Large Lot Neighborhood Residential- N4) in the Meadowbrook Subdivision to General Commercial (C3). The total area of all three lots in 1.9 acres and is located on the east side of the intersection of Old Hardin Road and Woodland Road across the street from the Little League ball fields. The property currently has at least three residential homes and one commercial shop building. The intent of the zone change is to allow the owner to plan for future commercial development on the property.

Planning staff is recommending approval of Zone Change 718 and adoption of the proposed findings of the 11 review criteria.

OWNER: Superior Construction Properties, Chris Vlahos
AGENT: Aaron Redland, WWC Engineering
LEGAL DESCRIPTION: Lots 17, 18 and 19 of Meadowbrook Subdivision
ADDRESS: 541 Woodland Road and 2422 Old Hardin Road
CURRENT ZONING: N4 and NX1
EXISTING LAND USE: Residential homes and one commercial shop building
PROPOSED USE: Same with future commercial development
SIZE OF PARCEL: 1.9 acres

None.

See attached Chart of Zoning History

NORTH:	Zoning: Heavy Commercial (CX) Land Use: Rental Shop spaces and former Big Sky Flea Market
SOUTH:	Zoning: N4 Land Use: Single family homes
EAST:	Zoning: N4 Land Use: Single family homes
WEST:	Zoning: Public 1 (P1) Parks and open space Land Use: Lockwood Little League ball fields (County parkland)

This is a zone change for property located in Lockwood at 2422 Old Hardin Road and 541 Woodland Road. The owner applied for and received a zone change for Lot 17 and 18 from R-96 to RMF-R in 2020. The owner intended to build multifamily dwellings on the property. Lot 19 at 2422 Old Hardin Road was zoned Residential 15,000 (R-150) prior to the County update of all zone districts in 2020 (Project ReCode). The update placed Lot 19 in the N4 zone district and Lots 17 and 18 in the Mixed Residential 1 (NX1) zone district. The owner encountered difficulty with siting buildings on Lots 17 and 18 including geotechnical issues and the adjacent flood plain for Dry Creek that runs through the east side of all these lots. (see attachments). Addresses for the proposed multifamily units were issued by the county, but no structures have been built.

Earlier this year, the owner began setting up RV spaces and renting spaces on Lots 17 and 18. Lot 19 had a previous RV hookup that has been used off and on by the residents. It appears to be rented now to another family. Setting up rental spaces for RVs and hookups for those spaces normally requires the approval of a subdivision application to create a campground. Campgrounds are also licensed by the state through Riverstone Health. A complaint was registered with the County about the potential illegal use for an RV campground. As a result of enforcement action by the County, the owner has submitted this zone change application. The proposed General Commercial (C3), zone district could allow a subdivision application for a campground, but would not make the existing campground activity legal. A subsequent subdivision approval and state license would be needed to legalize a campground at this location. The C3 zone also allows other uses such as retail, personal and business services, day care centers, health care facilities, restaurants, banks, short term rentals, hotels, offices, vehicle sales and service, RV sales and service, general contractor offices and yards, and personal storage warehousing. Residential uses are generally not allowed except for short term rentals and guest lodging. The existing residential uses - dwellings at 2404 and 2422 Old Hardin Road, would be considered legally non-conforming if the proposed zoning is approved. This does not apply to the RVs or the rental of the garage (2410 Old Hardin Road) for commercial purposes.

Intersections of local streets and arterial streets can be a location for commercial businesses that support local neighborhoods and businesses. For example, the intersection of Becraft Road and Old Hardin Rd is an intersection that supports neighborhood service businesses including First Interstate Bank, health services and a coffee shop. The zoning for these parcels in Corridor Mixed Use 1 (CMU1). The Lockwood IGA at Piccolo Lane and Old Hardin Road is another example of a commercial development at the intersection of a local street and an arterial street. The daycare center and intersection of Old Hardin Rd and Palomino Place is another example where commercial zoning on the corner allows for needed neighborhood services. The subject property is east of the Lockwood Little League fields (10 acre park) on Woodland Road. During the baseball season beginning in April each year, these fields support a lot of activity for children and their families. The property is owned by the County and the Little League organization works in partnership with the County to offer these sporting activities. Many Lockwood businesses sponsor the Little League fields and teams. Commercial uses that are compatible with the sports activity would be beneficial such as restaurants, day care or retail services for families with children.

This section of Old Hardin Road handles about 5,000 vehicle trips per day. This amount of traffic has held steady for the past decade while other sections of Old Hardin Road have increased traffic activity especially closer to the Johnson Lane interchange. This volume of traffic is easily managed with the current construction of the road. Addition traffic from new development may require upgrades to the intersection of Woodland and Old Hardin Road. This would depend on the amount and type of traffic anticipated for development. A traffic impact study might be required if the new development would generate more than 500 new trips per day. Many businesses do not generate new trips to a particular location but instead rely on capturing existing drive-by traffic to support a business. Many times it is combination of existing traffic and new traffic that supports a new business. A traffic analysis based on a specific business type is needed to determine the potential for traffic mitigation and right of way improvements. At this point, a traffic analysis is not warranted since there is no proposed development plan. 

Planning staff has reviewed the application, the zoning history of the property and surrounding parcels and studied the existing uses along the Old Hardin Rd commercial corridor. Staff is recommending approval of the zone change based on the proposed findings of the 11 review criteria for this request. The growth policy for Lockwood does not include this corner in the preferred land use map for "general commercial" uses. However, the general commercial preferred areas shown on the map to the west of the ball fields already exist. Some of those locations do provide neighborhood services including S Bar S Building Center, Lockwood IGA and Lockwood Mini Storage. The Lockwood Growth Policy also allows any location to be considered for potential general commercial purposes "along principal and minor arterials in addition to areas designated for commercial land uses" on the preferred land use map. The proposed zoning allows a wide variety of commercial uses from service businesses, to retail and lodging uses. Any new development on the property would have to meet the new zoning code requirements for landscaping, off-street parking, buffering adjacent uses and zones, and sign limitations. A change to the C3 zone would not allow marijuana business due to the proximity to the park and to adjacent residential zones. Similarly, adult oriented uses such as bars and casino would also not be allowed by right due to the same proximity to the park and neighborhood. There is an increased demand for temporary lodging and housing in Yellowstone County primarily due to the lack of attainable permanent housing. The increase in market price for both home purchase or rental has put pressure on families to find housing that is affordable. The rent protection in place during the pandemic has expired, and many families are facing housing insecurity. In addition, supply has not kept pace with demand. Temporary workers for seasonal business activity including refinery turnarounds are also experiencing the effect of the housing market pressures. The proposed zoning could allow the owner to fully develop an RV campground through subdivision and licensing. The zoning code also has use standards for campgrounds that include buffering adjacent uses and minimum spacing of RVs and requiring a caretaker for the park to manage the guests and grounds.

PROPOSED DETERMINATIONS County Zone Change 718
The Yellowstone County Zoning Commission, prior to making a recommendation to the County Commissioners, shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy?

The proposed zoning does comply with the following goals of the Lockwood Growth Policy and area plans: Provide ongoing assessment of land use and zoning to help guide future development. Commercial retail and services may be considered appropriate in areas along principal and minor arterials in addition to areas designated for commercial land uses.
This zone change would allow commercial services at the intersection of Old Hardin Road, a principal arterial street, and Woodland Road, a local street. The existing zoning allows low and moderate density residential uses. The original plan for development of multifamily units on Lots 17 and 18 did not come to fruition due to site development difficulties. The Lockwood Growth Policy preferred land use map does not show this area as a "general commercial" district, however the policy is not regulatory and allows the County to consider other locations for commercial land uses along principal arterial corridors. The land designated for general commercial on Old Hardin Road is generally west of the Little League fields on Woodland Road. This area is mostly already developed for commercial uses with a few of those businesses offering local services such as S Bar S Building Center, Lockwood IGA and Lockwood Mini Storage. Other businesses offer specialized services such as truck services, and heavy equipment sales and services. A zone change from residential to commercial at this corner may provide opportunity for more neighborhood services and for short term housing that appears to be in short supply.

2. Is the new zoning designed to secure from fire and other danger? 
The subject property is currently served by the Lockwood Fire Department with mutual aid from the Billings Fire Department. The property has one access from Woodland Road and two accesses from Old Hardin Road, a principal arterial street. Woodland Road is a local street that provides access to primarily residential uses as well as the Little League fields to the west.Woodland Road dead ends about 800 feet to the south at the intersection with Clayton Street. Clayton provides a connection to Wanda Lane that goes back north to Old Hardin Road. There should be adequate ingress and egress to the property for emergency vehicles.  The property is served by the Lockwood Water District that has fire hydrants throughout the Lockwood community.  The fire department may require additional fire suppression with any new development of the property.  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 may increase traffic on Old Hardin Road, a principal arterial street, and at the intersection with Woodland Road. The level of traffic increase will be dependent on the type of new use or uses proposed. Any new use that will generate 500 or more trips per day will be required to prepare a traffic impact study. Old Hardin Road or the intersection may need improvements to accommodate additional traffic. Old Hardin Road carries about 5,000 vehicle trips per day, a volume that has remained steady for a decade. 
Water and Sewerage: The property is within the Lockwood Water and Sewer District. Water and Sewer needs will be evaluated at the time of any new development. The type of development may be limited to the capacity the Lockwood Water & Sewer district can provide.
Schools and Parks: The proposed zoning would likely have a minimal impact on schools since the proposed use as a campground would offer short term housing.
Fire and Police: The subject property is serviced by the Lockwood Fire District and the Yellowstone County Sheriff’s Department.  Fire suppression requirements will be evaluated at the time of any new development.

4. Will the new zoning promote health and general welfare?
The new zoning will allow the owner to pursue new uses for the property. The existing residential uses will become legally nonconforming to the new zoning. These use may continue but may not be re-constructed if damaged or destroyed in the future. The County may change the allowance for re-construction of legally nonconforming residential uses in commercial and mixed use zones in the near future but this topic has not been discussed with the County Zoning Commission or the Board of County Commissioners. Alternatively, after initiation from the City Council, The City is considering this amendment in July. Without any local approval from zoning, subdivision or RiverStone Health, The owner had started to place RV hookups on the property and renting space to RVs. This is not conforming to the current zoning or to subdivision regulations that require approval for RV campgrounds. A resulting Code Enforcement case spurred the owner to pursue a zone change. General Commercial (C3) zoning allows campgrounds along with other uses. Any final approval solely related to zoning of a new campground would require conformance with the use standards for a campground that has minimum spacing, buffering of adjacent uses and the appointment of a caretaker to manage the guests and the grounds. Any new commercial development would require similar buffering of adjacent parcels. These improvements should promote the health and general welfare of the area.

5. Will the new zoning provide adequate light and air?
The proposed zoning will require minimum setbacks, maximum building heights and maximum lot coverage if the property is developed with permanent facilities. Specific to a campground, there are additional use standards that would apply to ensure minimum spacing between units. This would need to work in coordination with subdivision for rent or least regulations. 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. Any new use on the property may generate additional traffic on Old Hardin Road at the intersection with Woodland Road. The impact of the new traffic will be evaluated at the time of development. Old Hardin Road is recommended for pedestrian facilities as part of the Long Range Transportation Plan for the planning area. Any new development may require contributions to the development of pedestrian facilities. Pedestrian traffic in the area is limited due to the lack of pedestrian facilities. The Lockwood Pedestrian Safety District is working to get sidewalks in Lockwood, it would be beneficial for the development and the Lockwood community to include sidewalks along Old Hardin Road.

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 CX zoning on the north side of Old Hardin Road and will be compatible with the existing zoning and development to the east, south and west when new development is approved. The residential zoning that is adjacent to the east and south will require the most effective buffer yard between any new commercial development. This buffer yard has a minimum width of 10 feet along the property line. A campground use requires a minimum height screening fence at the property boundary in addition to the buffer yard required in the landscaping code section (27-1200).

8. Does the new zoning consider the character of the district and the suitability of the property for particular uses? 
The subject property has been developed for two residential buildings and a shop building that is also rented. There is a manufactured home at 2422 Old Hardin Road (Lot 19), that was recently moved on to the property after a previous manufactured home was removed. Another manufactured was also removed from Lot 19 but has not been replaced. This second home cannot be replaced with another manufactured home since it was removed from the property more than 1 year ago. It appears an RV has been placed on the property in place of the second manufactured home. Lots 17 and 18 are developed with a single family residence and a 1,500 sf shop that is rented separately from the residence. In addition, it appears there are at least three RVs on this property in use for temporary living space. To the south and east are single family homes on large lots of 1/2 to 1 acre in area. The character of the area is a mixture of single family homes, manufactured homes, commercial uses and park land. The corner location makes this property appropriate for the particular uses allowed in the C3 zone district.

9. Will the new zoning conserve the value of buildings? 
The new zoning will allow the owner to pursue a potential campground approval for the property. The existing residential homes on the subject property will become legal nonconforming uses of land which can create issues with financing and reinvestment into the property. These homes may continue until they are abandoned, or damaged or destroyed by more than 50% of the replacement value. The County may change the allowance for re-construction of legally nonconforming residential uses in commercial and mixed use zones in the near future, but this topic has not been discussed with the County Zoning Commission or the Board of County Commissioners. Alternatively, after initiation from the City Council, The City is considering this amendment in July.

10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for some uses allowed in the C3 zoning district. This zone change will likely allow for reinvestment in the future for a variety of commercial type services similar to what is located on the north of Old Hardin Road. The Lockwood Growth Policy allows for additional general commercial uses along arterial corridors, however the land use map did not identify this type of use for this location.

11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings? 
The proposed zoning is not close to the city limits of Billings and is compatible with the typical urban development in this area of Lockwood. 
 

Planning staff is recommending approval of Zone Change 718 and adoption of the proposed findings of the 11 review criteria.