a.
County Zoning Commission-Virtual Video Conference
- Meeting Date:
- 05/14/2020
- SUBJECT
- County Zone Change 700- Grand & 62nd St.
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Karen Husman
Information
REQUEST
County Zone Change 700 The applicant is requesting a zone change 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. A pre-application neighborhood meeting was held on February 18, 2020 at 3:00 p.m. at 1595 Grand Ave.
RECOMMENDATION
Planning Division recommends approval of Zone Change 700 and adoption of the 11 criteria detailed in the summary section of this memo.
APPLICATION DATA
OWNER: John Poukish
LEGAL DESCRIPTION: Lots 89, 104 and 121 of Sunny Cove Fruit Farms
ADDRESS: Intersection of Grand Ave. and 62nd St West
SIZE OF PARCEL: 28.6 Acres
EXISTING LAND USE: Agricultural
PROPOSED LAND USE: Residential, Agriculture & Commercial
EXISTING ZONING: A-1
PROPOSED ZONING: A-S and CC
LEGAL DESCRIPTION: Lots 89, 104 and 121 of Sunny Cove Fruit Farms
ADDRESS: Intersection of Grand Ave. and 62nd St West
SIZE OF PARCEL: 28.6 Acres
EXISTING LAND USE: Agricultural
PROPOSED LAND USE: Residential, Agriculture & Commercial
EXISTING ZONING: A-1
PROPOSED ZONING: A-S and CC
CONCURRENT APPLICATIONS
Exempt plat lot line relocation creating three parcels. Minor subdivision plat creating five one-acre parcels. Both pending approval of this zone change.
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | Zone Change | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None | |||||
| SURROUNDING PROPERTY | Zone Change | DATE | FOR | APPROVED (Y/N) |
ADDITIONAL DATA |
| 4745 Hesper | 406 | 9/11/89 | A-1 to A-S | Y | |
| 4745 Hesper | 436 | 3/19/93 | A-S to A-1 | Y | |
| 4745 Hesper | 484 | 11/4/97 | A-1 to CC | N | |
| 4745 Hesper | 645 | 9/9/13 | A-1 to CC | Y | |
| 48th & Hesper | 684 | 2/5/18 | A-1 to CC & A-S | Y | |
| SunnyCove Fruit Farm (SCFF) Lot 59 | 487 | 2/3/98 | R-150 to A-1 | Y | NE corner of Colton & 60th |
| 2530 66th St. W | 499 | 7/7/98 | R-150 to A-1 | Y | |
| SCFF Lot 103 | 542 | 5/29/01 | A-1 to R-150 | Y | |
| SCFF Lot 124 | 709 | 1/27/03 | Ag to R-150 | Annexation Denied by CC | No action taken on ZC |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: A-1, A-S, R-150
Land Use: Residential/Agricultural
SOUTH: Zoning: A-S
Land Use: Residential/Agricultural
EAST: Zoning: A-1, R-150
Land Use: Residential/Agricultural
WEST: Zoning: R-150
Land Use: Residential/Agricultural
Land Use: Residential/Agricultural
SOUTH: Zoning: A-S
Land Use: Residential/Agricultural
EAST: Zoning: A-1, R-150
Land Use: Residential/Agricultural
WEST: Zoning: R-150
Land Use: Residential/Agricultural
BACKGROUND
The subject property is located at Grand Ave and 62nd Street West. This is 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 has a pending exempt plat application to realign the southern parcel to create a triangular lot for the proposed CC zoning. The ditch would then provide a buffer between the proposed CC lot and the proposed A-S parcels.
The property owner is intending to subdivide the northern portion of land into five one-acre parcels of land, for residential use. Both the pending exempt plat and the proposed subdivision are pending approval of this zone change. The property is outside the edge of the limits of annexation area. The property may be annexed in the future, so uses in the CC zone would be limited to whether the property is developed when it has access to municipal water and sewer services.
The property owner is intending to subdivide the northern portion of land into five one-acre parcels of land, for residential use. Both the pending exempt plat and the proposed subdivision are pending approval of this zone change. The property is outside the edge of the limits of annexation area. The property may be annexed in the future, so uses in the CC zone would be limited to whether the property is developed when it has access to municipal water and sewer services.
SUMMARY
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 Growth Policy and area plans?
The proposed zoning does comply with the following goals of the Yellowstone County 2008 Growth Policy and NW Shiloh Area Plan:
• 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. This is consistent with the Northwest Shiloh Plan and the neighborhood character.
• 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 about one mile to the east at 54th and Grand Ave. The NW Shiloh Area Plan predicts a commercial node at the intersection of 62nd St. 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. City water and sewer facilities are 843 feet to the east of the subject property in Grand Avenue. For 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 CC zoned parcel. The subdivision review process will evaluate traffic impacts and whether additional mitigation is needed to address traffic and access close to the arterial street intersection.
Water and Sewerage: The property may be served by septic systems and on-site water (cisterns or wells). City of Billings’ public utilities are currently not available. The City of Billings’ public utilities are only 843 feet to the east of the subject property along Grand Avenue and the City will be working to amend its Limits of Annexation Map to include the subject property in the City Annexation Petition Area this year.
Schools and Parks: The proposed zoning would affect three schools. Meadowlark Elementary, Ben Steele Middle School and West High School. Residential development will add students to each of these schools although the number of new students will depend on the occupancy of any new dwellings.
Fire and Police: The subject property is serviced by the Billings Fire Department (BUFSA) and the Yellowstone County Sheriff’s Department. Fire protection will be evaluated by the Billings Fire Department during the subdivision review process.
4. Will the new zoning promote health and general welfare?
The new zoning will allow development of property that is 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. However, traffic impacts will be evaluated given the high-speed and higher traffic at this major arterial street intersection. 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. Maximum height in the CC zoning district is 45 feet. 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 currently limited due to the current high speed limits, no pedestrian facilities, and large-lot residential development. The Bikeway and Trails Master Plan does show 62nd Street West and Grand Avenue with a shared use path in the future when this area is annexed into the City and developed at urban standards. Further, development of this property will require sidewalks as per the County Subdivision Regulations in the commercially zoned and developed portions. The proposed zone change will help to move some of the property to a district that will better serve pedestrians in the area.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is not compatible with urban growth to the north and east that is in the City. The development is compatible with nearby rural residential zoning and development. Commercial zoning to the north and east of this property is in the City and served by municipal services, so development of commercial property without water and sewer infrastructure is unusual for this area. If the property does not develop in the City, lack of services will significantly limit the types of commercial development that may be supported on the property.
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. The property is suitable for CC uses at the intersection of two arterial streets. It is likely the character of the area will change both as more of the area is brought into the City and served by municipal services and as commercial uses occur at this node.
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 and residential uses. The new residential and commercial uses should have a limited effect on the surrounding properties given the long term development of this area at urban density and services.
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 CC zoning district. If the property does not annex into the City before development and utilize public utilities, many of the neighborhood service uses will not be developed, including uses like multi-family apartments and restaurants. The CC 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 unless the property is annexed and provided with public water and sewer. The property is suitable for residential development. This area has been zoned agricultural and large-lot residential since 1973. The A-S zoning is an appropriate use of land in this area if rural residential development is planned for the long term. However, proximity to City services and the City Limits to the east and north of the subject property indicates this area is changing to more urban residential and commercial development.
11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The proposed zoning is compatible with the typical urban development at arterial intersections. The development is compatible with nearby rural residential zoning and development. Commercial zoning to the north and east of this property is in the City and served by municipal services, so development of commercial property will be significantly limited if the property is not annexed into the City.
1. Is the new zoning designed in accordance with the Yellowstone County Growth Policy and area plans?
The proposed zoning does comply with the following goals of the Yellowstone County 2008 Growth Policy and NW Shiloh Area Plan:
• 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. This is consistent with the Northwest Shiloh Plan and the neighborhood character.
• 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 about one mile to the east at 54th and Grand Ave. The NW Shiloh Area Plan predicts a commercial node at the intersection of 62nd St. 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. City water and sewer facilities are 843 feet to the east of the subject property in Grand Avenue. For 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 CC zoned parcel. The subdivision review process will evaluate traffic impacts and whether additional mitigation is needed to address traffic and access close to the arterial street intersection.
Water and Sewerage: The property may be served by septic systems and on-site water (cisterns or wells). City of Billings’ public utilities are currently not available. The City of Billings’ public utilities are only 843 feet to the east of the subject property along Grand Avenue and the City will be working to amend its Limits of Annexation Map to include the subject property in the City Annexation Petition Area this year.
Schools and Parks: The proposed zoning would affect three schools. Meadowlark Elementary, Ben Steele Middle School and West High School. Residential development will add students to each of these schools although the number of new students will depend on the occupancy of any new dwellings.
Fire and Police: The subject property is serviced by the Billings Fire Department (BUFSA) and the Yellowstone County Sheriff’s Department. Fire protection will be evaluated by the Billings Fire Department during the subdivision review process.
4. Will the new zoning promote health and general welfare?
The new zoning will allow development of property that is 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. However, traffic impacts will be evaluated given the high-speed and higher traffic at this major arterial street intersection. 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. Maximum height in the CC zoning district is 45 feet. 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 currently limited due to the current high speed limits, no pedestrian facilities, and large-lot residential development. The Bikeway and Trails Master Plan does show 62nd Street West and Grand Avenue with a shared use path in the future when this area is annexed into the City and developed at urban standards. Further, development of this property will require sidewalks as per the County Subdivision Regulations in the commercially zoned and developed portions. The proposed zone change will help to move some of the property to a district that will better serve pedestrians in the area.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is not compatible with urban growth to the north and east that is in the City. The development is compatible with nearby rural residential zoning and development. Commercial zoning to the north and east of this property is in the City and served by municipal services, so development of commercial property without water and sewer infrastructure is unusual for this area. If the property does not develop in the City, lack of services will significantly limit the types of commercial development that may be supported on the property.
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. The property is suitable for CC uses at the intersection of two arterial streets. It is likely the character of the area will change both as more of the area is brought into the City and served by municipal services and as commercial uses occur at this node.
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 and residential uses. The new residential and commercial uses should have a limited effect on the surrounding properties given the long term development of this area at urban density and services.
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 CC zoning district. If the property does not annex into the City before development and utilize public utilities, many of the neighborhood service uses will not be developed, including uses like multi-family apartments and restaurants. The CC 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 unless the property is annexed and provided with public water and sewer. The property is suitable for residential development. This area has been zoned agricultural and large-lot residential since 1973. The A-S zoning is an appropriate use of land in this area if rural residential development is planned for the long term. However, proximity to City services and the City Limits to the east and north of the subject property indicates this area is changing to more urban residential and commercial development.
11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The proposed zoning is compatible with the typical urban development at arterial intersections. The development is compatible with nearby rural residential zoning and development. Commercial zoning to the north and east of this property is in the City and served by municipal services, so development of commercial property will be significantly limited if the property is not annexed into the City.
RECOMMENDATION
Planning Division recommends approval of Zone Change 700 and adoption of the 11 criteria detailed in the summary section of this memo.