Item #2 - County Zone Change #666 – 3555 Highway 87 N – A zone change request from Agriculture Open-Space (A-1) and Residential 15,000 (R-150) to Highway Commercial (HC) on a 15-acre portion of the fraction of land east of the highway in the NE1/4 of Section 3, Township 1 North, Range 26 East (less highway and C/S 2579), a 65 acre parcel of land generally located at 3555 Highway 87 North. The applicants conducted a pre-application neighborhood meeting on July 22, 2015 at the subject property. Tax ID D04970.
 

The Planning staff is recommending approval and adoption of the findings for the 11 criteria for Zone Change 666.

OWNER: MR Properties, LLC - Matt Beddes
AGENT: Morrison Maierle, Inc. Dax Simek, P.E.
LEGAL DESCRIPTION: Fraction of land east of the road in NE1/4 of Section 3, Township 1 North, Range 26 East
ADDRESS: 3555 Highway 87 North
CURRENT ZONING: A-1 & R-150
EXISTING LAND USE: former commercial recreation area and vacant land
PROPOSED USE: Raw Machinery - equipment repair and sales
SIZE OF PARCEL: 65 acres total - 15 acres proposed to re-zoned HC

None.

A previous zone change from A-1 and R-150 to HC was submitted for this parcel in 2014 (ZC 651). This application was recommended for denial by staff, the County Zoning Commission, and was denied by the County Commissioners. The previous zone change encompassed all 65 acres of the subject property. The current application is to change only 15 acres of the subject property to HC. This 15 acres is in the southern half of the parcel and covers the same area where the previous commercial recreational use existed.

Prior to 2014, the property received a special review approval for the commercial recreational use in 1980. Subsequent requests to add outdoor lighting to the area were denied by the County Commissioners. The surrounding area has had several zone change applications submitted since zoning was adopted in the County in 1973. There have been 9 similar zone change requests in this area of Yellowstone County since 1974. Three of these applications have been denied and 6 have been approved. One application was for a zone change from R-96 to HC (approved) and the remaining applications were from residential zoning to Community Commercial (CC). Most of these zone changes were for property close to the intersection of Highway 87 North, Main Street, and Highway 312.
 

NORTH:	Zoning: A-1 Land Use: Vacant agricultural land - power substation
SOUTH:	Zoning: R-150 Land Use: Single family home
EAST:	Zoning: A-1 Land Use: Vacant agricultural land and single family homes
WEST:	Zoning: A-1 Land Use: Vacant agricultural land

This is a second request to re-zone this property located at 3555 Highway 87 North. The previous zone change requested the entire 65-acre parcel change from A-1 and R-150 to HC. The request was denied primarily due to the size of the parcel and the uncertainty of the potential uses of the property and the compatibility of those future uses with planned residential uses of the property to the east. This request is to re-zone the portion of the property previously used for commercial recreation (the Magic City Motorcycle Club and then Diamond Paintball) to HC.

The subject property is located approximately 1.5 north of the intersection of Main Street, Highway 87 N – the Roundup Road, and Highway 312  in Billings Heights. Close to the intersection many properties have been zoned for commercial uses including Yellowstone Perk at 2811 Highway 87 N, a HC zoned property. All of the nearby properties are zoned for agricultural uses or very low density single family homes. Highway 87 North is considered a principal arterial for road classification purposes and the route is maintained as a state highway. Although there are no immediately adjacent traffic counts for this section of Highway 87 North, the traffic count at the intersection with Main Street is about 6,000 vehicle trips per day and at the Musselshell County line about 3,170 vehicle trips per day. By contrast, Highway 312 about 4 miles east of the intersection has a traffic count of 11,000 vehicle trips per day and Main Street at the intersection carries 14,700 vehicle trips per day. Highway 87 North at this location has a posted speed limit of 70 mph. The current zoning, R-150 and A-1, was in effect since 1973 when the county adopted jurisdictional zoning around the City of Billings. There are two drive approaches into the property from the highway and the applicant intends to primarily use the southern approach for the proposed heavy machinery shop and business. This is the same approach used by the previous commercial recreation use on the property. The applicant has submitted written confirmation from the Montana Department of Transportation the drive approach received the required permit from the state and the approach meets all the safety requirements to serve the proposed use.

The applicant purchased the property with the intent of moving his existing business located at 2910 Hannon Road, a leased property. The applicant states he intends to construct a large shop building, a fenced storage yard, and use about 5 acres at the southern end of the property. The remaining 59 acres would not be developed at this time. There are no public utilities to the property so water and wastewater systems will have to be provided on site. In 1980, the County BOA approved a commercial recreation facility for the Magic City Motorcycle Club on this property but restricted the use to daylight hours. The motorcycle club unsuccessfully attempted to allow outdoor lighting for the facility in 1981, 1982 and 1983. Eventually, the motorcycle club abandoned the use of the facility. A subsequent competitive paint ball course for Diamond Paint Ball was establish but also was eventually abandoned in 2011.

The proposed zoning of HC allows a variety of commercial uses, some manufacturing as well as residential uses, office uses or a mixture of uses on the same property or even in the same building. Main Street within the city limits is almost uniformly zoned HC so the mixture of these uses where public utilities are available is evident along this corridor. Other areas of HC zoning in the County include Lockwood and the area south of the interstate between King Avenue and Shiloh Road. The intended use is for Mr. Beddes company, Raw Machinery, a business that is focused on services for heavy equipment and machinery in particular, Caterpillar equipment. The business would require a shop style building and outdoor storage yard for equipment under repair or for parts storage. Any development of the property for this use will require a Zoning Compliance Permit to ensure zoning requirements for site development are in compliance.

A neighborhood meeting was conducted on July 22, 2015 at the subject property and 6 surrounding property owners signed the attendance list. The agent reports 10 persons attended the meeting. Concerns from surrounding property owners included potential environmental damage to downstream water users, traffic safety for students at Independent School, aesthetics, and compatibility with adjacent potential residential development. The Planning staff received a letter of opposition to the zone change from Diane Kostelecky representing the Degenhart Family Partnership. The Degenhart Family Partnership property is a 500+ acre ranch to the north and west.  

Planning staff has reviewed this application and is forwarding a recommendation of approval for the proposed zone change based on the 11 criteria for zone changes. The property has been used in the past for commercial purposes and the proposed zoning may be compatible with the historical use of the property. The potential for development of higher intensity residential or commercial uses is not likely given its distance to those services. The property to the east is zoned A-1 and R-150 but the topography (hills, coulees and box canyons) would likely not support dwellings closer than 1,000 feet to the subject property. The applicant and agent have reduced the area requested for the zone change to an area that would accommodate the needs of the owner but would not leave vacant commercial land for sale or lease to other businesses. The 2008 Growth Policy encourages compatible uses and predictable land use decisions. The Growth Policy indicated at least some areas along the Highway 87 N corridor would develop for commercial uses. Similar adjacent uses occur in other areas of the County such as Tractor and Equipment on Harnish Boulevard and Bobcat of Bigsky at 2125 Old Hardin Road. The proposed use and zoning is a compatible and predictable land use in this area.


 

Planning staff recommends approval and adoption of the findings of the 11 criteria for Zone Change 666.