County Zone Change 695 - 4601 Central Ave - A zone change request from Agricultural Open Space (A-1) to Residential-5000 (R-50), Public (P) 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 73.801 acre parcel of land. A pre-application neighborhood meeting was held on 5/17/19, at Ben Steele Middle School Commons. Presented by Nicole Cromwell, Zoning Coordinator.

Planning staff is recommending denial based on the findings of the 11 review criteria for Zone Change 695.

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: 73.8 acres

A preliminary County subdivision plat will be submitted on July 1, 2019.

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
4601 Central	None – Original Zoning	November 1973
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-50, Public and NC zoning for 73.8 acres of agricultural land on the northeast corner of Central Avenue and 48th St West. 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 stop controlled. The 4-way stop was implemented 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.

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 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.

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 denial is forwarded to the Zoning Commission. The proposed zoning of R-50 is not 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-50 zone is not compatible with the surrounding county neighborhood zoning or developments. As proposed, the R-50 could be 4 times the density of the surrounding subdivisions. The applicant has proposed to engineer a "public" water and waste water system for this higher density subdivision outside the city limits. 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. While these smaller systems must meet the same drinking water quality standards as a municipal or water district supplier, they are not municipal or true public systems, are not designed to the same standards as municipal systems, and are more prone to quality and quantity issues.
 

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 not 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 not consistent with the surrounding County subdivisions and neighborhoods. The primary zoning, Residential 5,000 (R-50), is a zone exclusively used where municipal level water and sewer services, and emergency services are available. The zone district description is as follows: “A primarily single-family district that provides for higher density development on lots served by public water and sewer services, with provisions for duplexes.” The R-50 zone allows smaller lots (5,000 square feet for single family and 8,000 square feet for duplexes) and higher lot coverage (40%). The surrounding subdivisions are zoned R-150, requiring a minimum lot area of 15,000 square feet per dwelling and allowing only 30% lot coverage. The development density is potentially four times greater than the surrounding County subdivisions. The proposed development is an urban density without any urban level services. It is inconsistent with the County development character in this area. The existing A-1 zoning districts to the east and south tends to preserve agricultural land uses and allow low-density residential land uses. The areas to the south and east of this property are still in agricultural zones and use. County low-density subdivisions exist to the north and west. 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, but the owner has proposed an urban level zoning designation for the property. The owner’s proposal is based on the ability to engineer an on-site water and wastewater disposal system using several groundwater wells, and communal septic drain fields in the proposed Public zones (24.5 acres of park). 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.  This property plan is proposing County level subdivision design for a low-density residential subdivision with a high-density development pattern.      
• 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 not included in this proposed zone change. The subdivision of this lot from the large parcel will create a non-conforming lot for area (less than 10 acres). The subdivision approval will require a zone change for this parcel from A-1 to A-S prior to filing the final plat. 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. The proposed zoning will create conflict with the continuing agriculture uses of the adjacent property and is not sensitive to the surrounding low-density County neighborhoods.

 
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 73.8 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 and cistern is proposed along Central Avenue to allow fire engines to have water for fighting structure fires. A higher density subdivision without a pressurized public fire hydrant system is not as secure from structure losses as nearby city subdivisions. Water tender trucks would need to ferry water to the dry hydrant cistern from nearby city fire hydrants (1/2-mile east).
 
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 229 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 not 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.  
 
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 166 lots with four of these lots for water, wastewater or non-residential uses. The remaining 162 lots would be served by a private water and wastewater system consisting of two groundwater drinking water wells and multiple communal septic drain fields. (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 urban-level residential neighborhood develops. Capacity of elementary schools and middle schools is a concern as current class sizes are increasing. As currently shown on the preliminary plat, there are 63 lots that can have 2-unit dwellings, 2 lots that could have three, 2-unit buildings, and 97 lots for single-family dwellings for a potential of 229 new dwelling units at full build out.  
 
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 although the fire service funding levels may not match the level of structure protection funding that may be needed in a dense development.
 
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 urban level of density with county level development standards and services may not promote the health and general welfare of the new residents.
 
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 an urban style neighborhood should include a well-designed internal road network, sidewalks and trails 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, and two potential connections to the east. This appears to be less than adequate for 73+-acre development. Surrounding County subdivisions and neighborhoods have greater connectivity and access for lower density subdivisions. Any new development will “trigger” a traffic analysis before any new construction and will be based on the actual uses. For example, single family and 2-family dwellings typically generate between 10 and 13 vehicle trips per day per dwelling unit. This includes not just the resident’s travel, but deliveries and service provider trips for these dwellings. The “trigger” for any new development is 500 or more new trips per day. A minimum 50-home subdivision requires a traffic study to 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 may be diminished. 
 
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 NC zone. The property is not suitable for higher density residential development allowed in the R-50 zone. This level of residential development is not 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 denial based on the findings of the 11 review criteria for Zone Change 695.