County Zone Change 708 – 5110 Central Ave – A to N4 - A zone change request from Agriculture (A), to Large Lot Suburban Neighborhood Residential (N4) on Tract 1B of Amended C/S 2713, an 7.953 acre parcel of land. A pre-application neighborhood meeting was held on ZOOM on April 25, 2022. Tax ID: D00465B.  This is a zone change request for property located at 5110 Central Avenue currently zoned Agriculture (A). The property is legally described as Tract 1B of C/S 2713 and is approximately 7.9 acres in area. The proposed zoning is Large Lot Suburban Neighborhood (N4). This zoning would allow the subdivision of the property into lots between 15,001 square feet and 43,559 square feet. 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 Agriculture Suburban (AS).

Planning staff is recommending approval of the requested zone change and adoption of the findings of the 11 criteria for Zone Change 708.

OWNER: Mason and Jami Shanks
AGENT: Performance Engineering, Taylor Kasperick
LEGAL DESCRIPTION: Tract 1B of C/S 2713 Amended
ADDRESS: 5110 Central Avenue
CURRENT ZONING: Agriculture (A)
EXISTING LAND USE: Agriculture
PROPOSED USE: Large lot residential subdivision
SIZE OF PARCEL: 7.953 acres

None.

NORTH:	Zoning: N4 - Large Lot Suburban Neighborhood Residential Land Use: Wells Garden Estates Subdivision (county)
SOUTH:	Zoning: A - Agriculture Land Use: Single family home - Pasture
EAST:	Zoning: A - Agriculture Land Use: Irrigated Agriculture
WEST:	Zoning: A - Agriculture & N4 Land Use: Irrigated Agriculture & Granite Park Subdivision (county)

This is a zone change request for a 7.9-acre parcel of land on Central Avenue approximately one mile west of the city limits. The applicant would like to change the zoning to provide future residential lots on the property that will match the existing county subdivisions to the north and west. 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.

Three major large lot county residential subdivisions have been developed in this area in the last ten years - Black Rock Estates (91 lots), Granite Park (118 lots) and most recently Sundance Subdivision (124 lots) at 48th St W and Central Avenue. There are also similar but older subdivisions in the area including Oakridge Estates, Wells Garden Estates and Shiloh Estates. Most of these residential lots range from one-half acre to 1+ acres. Most of the residential subdivision rely on 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. 

Central Avenue has a low level of traffic volume for a principal arterial street. The posted speed limit for this section of Central Avenue is higher than speed limits further east within the city limits. The posted speed limit on this section of Central Avenue is 50 mph. Traffic volume is between 2,500 and 3,000 vehicle trips per day. Arterial streets are expected to carry 10 to 20 times this traffic volume depending on the number of lanes built. 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 Central Avenue were recommended for the short term or long term. There will be a need in the long term to install traffic management at the 48th St West intersection with Central Avenue - either a traffic signal or a round-a-bout.

The County's 2008 Growth Policy supports new developments that are compatible with existing development and neighborhoods. The N4 zoning is a large lot residential zone that is compatible with a variety other land uses including the surrounding agricultural and rural residential uses.

 

Prior to making a recommendation to the Board of County Commissioners, the Zoning Commission shall consider the findings of the 11 review criteria:

• 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.

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 Central Avenue, a principal arterial street. 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 Central Avenue, a principal arterial street. The level of traffic increase will be dependent on the number of residential dwelling units constructed. The property is located on a high-speed traffic corridor that carries approximately 2600 vehicles a day. Any development will require careful placement and construction of the access to Central Avenue. The posted speed limit on Central Avenue at this location is 50 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 and ultimately approved through the Montana Department of Environmental Quality. The County's zoning regulations do not mandate a certain type of infrastructure for water or wastewater.
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 service will continue through the BUFSA with or without a zone change. Fire suppression requirements will be evaluated at the time of a development plan.

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 east and west. There are several newer low density County subdivisions further west, northwest and northeast of the subject property. The area is outside the limits of annexation for Billings but is 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 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 traffic volume to Central Avenue, a principal arterial street. 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 this section of Central Avenue. The newer County subdivision in the area do have sidewalks and it is likely any development on this parcel will also provide sidewalks.

7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is about 1 mile from the nearest urban zoning and development in the City of Billings. The proposed zoning is too low density for urban development. The proposed zoning is compatible with the low density County residential zoning and the adjacent agriculture zoning in the area.

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 N4 uses for lower density 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 N4 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 not close to the city limits of Billings and is compatible with the typical suburban and rural development in this area of West Billings.

Staff recommends the Zoning Commission recommend approval of the zone change and adoption of the findings of the 11 review criteria for Zone Change 708.