a.
County Zoning Commission
- Meeting Date:
- 08/08/2022
- SUBJECT
- County Zone Change 711 - 2847 Bitterroot Drive - A to Planned Development
- THROUGH:
- Nicole Cromwell
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
County Zone Change 711 – 2847 Bitterroot Drive – From A to PD- A zone change request from Agriculture 10 acres and over to Planned Development, on C.O.S. 1655, PARCEL 3A122, & TR 3B-2-2-3 AMND a 30.226 acre parcel of land. The intended underlying zones and uses include low-density residential, public parks and open space, outdoor and personal self storage and agricultural uses. A pre-application neighborhood meeting was held on May 15, 2022, at 2847 Bitterroot Drive.
RECOMMENDATION
Planning staff is recommending approval of the Planned Development zone for County Zone Change 711 and adoption of the proposed findings of the 11 review criteria.
APPLICATION DATA
| OWNER: Kraig P. Kosena | |
| AGENT: Megan Kosena | |
| LEGAL DESCRIPTION: Parcel 3A122 and Tract 3B-2-2-3 Amended of C/S 1655 | |
| ADDRESS: 2847 Bitterroot Drive | |
| CURRENT ZONING: A - Agriculture | |
| EXISTING LAND USE: Former gravel mine equipment storage and maintenance buildings and vacant land | |
| PROPOSED USE: Mixed uses of agriculture, low-density residential, outdoor and personal self storage, public parks and open space | |
| SIZE OF PARCEL: 30.226 acres |
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
The subject property has no zoning history and has been zoned Agriculture since at least 1973 when the County adopted jurisdictional zoning for this area north of Billings Heights. This property has hosted a gravel mine, asphalt plant and heavy equipment storage for a period of at least 40 years if not longer. H.L. Ostermiller operated these facilities and a heavy construction business off this property until about 2017/2018 when operations from this location began to wind down. H.L. Ostermiller Construction is still in operation from another location. The Kembel Mine - 240 acres directly east of the subject property and has a shared access through the Ostermiller property. However, most of the traffic was north on Five Mile Road to Dover Road. The Kembel Mine ceased operations and has been reclaimed by the owners. A portion of the new Billings Bypass highway will pass through the southeast corner of the Kembel property, south and east of the subject property. Other relevant zoning history is included in the attachments.
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: RR3 Land Use: Low density residential with some agricultural uses |
| SOUTH: | Zoning: A Land Use: Low density residential with some agricultural uses |
| EAST: | Zoning: RR3 and A Land Use: Closed Kembel gravel mine - low density residential (northeast) |
| WEST: | Zoning: A and N3 (city) Land Use: Low density residential (county) - suburban density residential (city) |
BACKGROUND
This is a zone change request to allow a Planned Development (PD) zone district to be established on land formerly used for gravel mining, asphalt mixing, and a heavy construction contractor yard. The site is about 30 acres in area and includes a short section of Five Mile Creek and its flood plain, and is bordered by rural residential zoning and agricultural zoning to the north, west, south and east. The city limits are diagonally south and west across Bitterroot Drive. About 60 to 70 percent of the site has been disturbed through the activity of the gravel mine, asphalt plant and heavy construction equipment activity on the property for over 40 years. The southwest corner of the property has been untouched as it was south of Five Mile Creek and is in the flood plain. The proposed Planned Development, a customized zone district specific to this parcel of land, is intended to allow some low density residential uses, mixed uses including outdoor and personal storage warehouses as well as agricultural uses and dedication of the public park area south of Five Mile Creek.
Planned Development zoning is only allowed on parcels currently zoned Agriculture and must meet the criteria and guidelines in Section 27-702 (Objectives of PD) of the Yellowstone County zoning regulations:
The PD specifically excludes the use of shipping containers for storage facilities in Area B and no outdoor storage (RVs, boats, trailers etc.) is allowed in this area. The draft PD limits the type of dwellings allowed - single family only - and the total number of dwelling units in Area B to 15. Dwellings and personal storage warehouses could exist on the same parcel of land.
Area C, about 6.5 acres directly east of Area B and containing most of the area used for the previous semi-industrial uses, is intended to be used only for outdoor storage and personal storage warehousing. The proposed underlying zoning is Heavy Commercial (CX) and the only commercial use allowed being outdoor storage and personal warehouse storage. The use standards for Area B apply as well as additional standards for outdoor storage as stated in Section 27-1006.B. The draft PD agreement does not allow storage of business or commercial equipment. The draft PD only allows outdoor storage for "boats, RVs, trailers, or other personal vehicles that cannot be normally stored on residential or personal property. All vehicles or personal property stored outdoors shall be licensed and operable (if required) and shall not meet the definition of junk, salvage or trash as outlined in the Yellowstone County Zoning Regulations." Area C also has specific requirements for the perimeter fence, landscaping and for maintenance of these facilities. In addition, no power outlets or water will be supplied of any of the storage units. No residential uses of this area is allowed with the exception of a manager's office/residence.
Area D, the remaining 8+ acres of the site and east of Area C, will remain as an area for agricultural uses with an underlying zoning of "A". Uses in the zone area restricted including the prohibition on residential use, animal sales or services, sand or gravel mining, assembly uses, auction yards and similar uses. The area may serve as pasture land or land for hay and grazing of livestock. Area D could also allow personal self storage or outdoor storage with the limitations and uses standards outlined for Area C.
The proposed PD agreement also comes with a "reversion" clause so if the development as proposed is not completed within a short time (five years from approval) the zoning would revert to the current zoning of Agriculture. This clause has been used in a few other PD districts to ensure predictable and timely development should the developer gain approval for the zoning.
Planned Development zoning is only allowed on parcels currently zoned Agriculture and must meet the criteria and guidelines in Section 27-702 (Objectives of PD) of the Yellowstone County zoning regulations:
A. To permit the development of planned industrial, commercial, or mixed-use development zones, while protecting the character and quality of adjacent uses.
B. To permit flexibility in design and use of an individually owned property or a group of separately owned properties to allow for economy, convenience and amenity in development.
C. Preserve, enhance, and retain the existing natural environmental qualities in the landscape such as topographic variation, views, water areas and native vegetation.
B. To permit flexibility in design and use of an individually owned property or a group of separately owned properties to allow for economy, convenience and amenity in development.
C. Preserve, enhance, and retain the existing natural environmental qualities in the landscape such as topographic variation, views, water areas and native vegetation.
Planned Development zoning is not intended to allow a single type of use or address an issue better dealt with through another administrative process. The County zoning code for PDs states the following: "PD zoning may not be used to provide a site-specific solution to a single issue that can be resolved through a more appropriate administrative means." The Planned Development zones considered and approved by the county and city are diverse and include both residential, commercial, industrial and mixed uses. The PD zones range in area from less than 1 acre to over 400 acres. Many of the PD zones approved in the early 1970s were adopted to include golf courses, school sites, customized housing choices and large park parcels. More recent PDs approved include the Walmart development on Main Street, the Barrett Road multi-family development, Rehberg Ranch west of the airport and Annafeld, a new neighborhood south of the interstate.
Many PD zone districts are developed to allow specific designs for buildings, or to provide more restrictions on uses than allowed by a standard zone district. This parcel represents a challenge due to its location at the edge of the city limits, with medium to low density residential uses in the area, a natural stream and flood plain and with decades of use for semi-industrial purposes. The aerial maps (attached) show a parcel that is significantly different from surrounding rural residential or agricultural uses. The previous uses of the property were not conforming to the current or previous zone district regulations but were allowed to continue until the uses were abandoned. The previous uses cannot be re-established because the uses have been abandoned for more than 1 year. For example, if the Ostermiller family had sold or leased the property to another heavy or general contractor then a zone change or other land use permit would not have been required within the one year period. The nonconforming uses would have continued without interference.
The proposed PD envisions a mixture of uses on the property including dedication of a public park parcel (south of Five Mile Creek), a small low density residential development, outdoor storage and personal warehouse storage as well as continuation of more uses allowed by the current Agriculture zoning. The PD zoning exhibit indicates where each of these development types (Areas A, B, C & D) will be located.
Area A, about 4.5 acres in the southwest corner of the property, is intended for parkland and open space, with an underlying zone district of Public 1 (P1). Uses will be restricted based on preserving the riparian conditions for Five Mile Creek. This includes restrictions on active recreational playing fields for adults, campgrounds, civic buildings or solar/wind energy facilities that would otherwise be allowed in the underlying Public 1 zone district.
Area B, about 11 acres extending east from the entrance road on Bitterroot Drive and encompassing some of the least disturbed area on the property, is intended for mixed uses (similar to Corridor Mixed Use zones) with low density residential and commercial uses. The draft PD only allows one commercial use: personal storage warehousing. The draft PD requires compliance with the use standards for personal storage developments as written in the County zoning regulations and includes the following:
Many PD zone districts are developed to allow specific designs for buildings, or to provide more restrictions on uses than allowed by a standard zone district. This parcel represents a challenge due to its location at the edge of the city limits, with medium to low density residential uses in the area, a natural stream and flood plain and with decades of use for semi-industrial purposes. The aerial maps (attached) show a parcel that is significantly different from surrounding rural residential or agricultural uses. The previous uses of the property were not conforming to the current or previous zone district regulations but were allowed to continue until the uses were abandoned. The previous uses cannot be re-established because the uses have been abandoned for more than 1 year. For example, if the Ostermiller family had sold or leased the property to another heavy or general contractor then a zone change or other land use permit would not have been required within the one year period. The nonconforming uses would have continued without interference.
The proposed PD envisions a mixture of uses on the property including dedication of a public park parcel (south of Five Mile Creek), a small low density residential development, outdoor storage and personal warehouse storage as well as continuation of more uses allowed by the current Agriculture zoning. The PD zoning exhibit indicates where each of these development types (Areas A, B, C & D) will be located.
Area A, about 4.5 acres in the southwest corner of the property, is intended for parkland and open space, with an underlying zone district of Public 1 (P1). Uses will be restricted based on preserving the riparian conditions for Five Mile Creek. This includes restrictions on active recreational playing fields for adults, campgrounds, civic buildings or solar/wind energy facilities that would otherwise be allowed in the underlying Public 1 zone district.
Area B, about 11 acres extending east from the entrance road on Bitterroot Drive and encompassing some of the least disturbed area on the property, is intended for mixed uses (similar to Corridor Mixed Use zones) with low density residential and commercial uses. The draft PD only allows one commercial use: personal storage warehousing. The draft PD requires compliance with the use standards for personal storage developments as written in the County zoning regulations and includes the following:
27-1006.A.1
(a) No business activity other than rental of storage units shall be conducted within a self-service storage unit.
(b) Security fencing or gates shall be located behind any required landscaping area.
(c) Security gates shall be located so that two vehicles awaiting entry do not stack into the public right of way or any pedestrian path. This may be reduced to one vehicle for facilities with fewer than 25 units or where security gates are only locked outside of normal business hours.
(a) No business activity other than rental of storage units shall be conducted within a self-service storage unit.
(b) Security fencing or gates shall be located behind any required landscaping area.
(c) Security gates shall be located so that two vehicles awaiting entry do not stack into the public right of way or any pedestrian path. This may be reduced to one vehicle for facilities with fewer than 25 units or where security gates are only locked outside of normal business hours.
The PD specifically excludes the use of shipping containers for storage facilities in Area B and no outdoor storage (RVs, boats, trailers etc.) is allowed in this area. The draft PD limits the type of dwellings allowed - single family only - and the total number of dwelling units in Area B to 15. Dwellings and personal storage warehouses could exist on the same parcel of land.
Area C, about 6.5 acres directly east of Area B and containing most of the area used for the previous semi-industrial uses, is intended to be used only for outdoor storage and personal storage warehousing. The proposed underlying zoning is Heavy Commercial (CX) and the only commercial use allowed being outdoor storage and personal warehouse storage. The use standards for Area B apply as well as additional standards for outdoor storage as stated in Section 27-1006.B. The draft PD agreement does not allow storage of business or commercial equipment. The draft PD only allows outdoor storage for "boats, RVs, trailers, or other personal vehicles that cannot be normally stored on residential or personal property. All vehicles or personal property stored outdoors shall be licensed and operable (if required) and shall not meet the definition of junk, salvage or trash as outlined in the Yellowstone County Zoning Regulations." Area C also has specific requirements for the perimeter fence, landscaping and for maintenance of these facilities. In addition, no power outlets or water will be supplied of any of the storage units. No residential uses of this area is allowed with the exception of a manager's office/residence.
Area D, the remaining 8+ acres of the site and east of Area C, will remain as an area for agricultural uses with an underlying zoning of "A". Uses in the zone area restricted including the prohibition on residential use, animal sales or services, sand or gravel mining, assembly uses, auction yards and similar uses. The area may serve as pasture land or land for hay and grazing of livestock. Area D could also allow personal self storage or outdoor storage with the limitations and uses standards outlined for Area C.
The proposed PD agreement also comes with a "reversion" clause so if the development as proposed is not completed within a short time (five years from approval) the zoning would revert to the current zoning of Agriculture. This clause has been used in a few other PD districts to ensure predictable and timely development should the developer gain approval for the zoning.
SUMMARY
Planning staff has carefully reviewed the draft Planned Development agreement, met with the applicant and representative from County agencies and reviewed the comments and concerns from the surrounding property owners.
Planning staff received 11 letters of comment on the proposed PD agreement (attached). Most of the surrounding owner concerns centered on traffic generation (volume and type), noise, lighting and neighborhood character. While it is not known with certainty at this time, general traffic generation for personal self storage facilities on a daily basis is low, and it varies by season and location. Trip generation would be evaluated based on an actual development and would be required to be reviewed by County Public Works. Bitterroot Drive is a principal arterial street and can handle most additional traffic from the proposed development.
Prior to making a recommendation to the Board of County Commissioners, the Zoning Commission shall consider the findings of the 11 review criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning does comply with the following goals of the County Growth Policy and area plans:
The Planned Development zone is unique in that it allows property zoned agriculture to propose a specialized zoning to accommodate future uses and development of property that is more predictable than "standard" zone districts. For example, if the proposed zoning was simply general or heavy commercial, other commercial uses could be developed on the site in addition to the proposed personal storage facilities. While some of these uses, such as a hotel, restaurants, or retail businesses would not be likely given the current lack of public water and wastewater facilities, the standard zone district could allow these uses in the future when public services become available. Other commercial activities that are not dependent on public facilities could develop and be a source of unpredictability and conflict with existing neighborhoods. The proposed Planned Development prohibits certain uses from the underlying zone districts including some incompatible uses such as casinos, animal boarding facilities, animal sales, veterinary clinics, consumer maintenance and repair businesses, breweries, bars and taverns.
The 2006 Billings Heights Neighborhood Plan noted this parcel as an active rural commercial property. The adopted plan included a future land use map that preferred most of this area (east of Main Street) become residential with a few locations for retail businesses including the northeast corner of Mary Street and Bitterroot Drive. A future land use map is not regulatory but indicates only a generally preferred development type. There are several existing personal storage facilities in Billings Heights. However, few provide the outdoor storage in demand for RV and boat storage. Larger, and more rural, storage business do provide this type of outdoor storage but are further from the population center of Billings Heights. Heights Keep-It-Safe storage at 2215 Main Street has a small area for RV storage. Further east, A All Purpose Storage at Drury Lane and Highway 312 has RV and boat storage. There are a few others in this area but are true "field" storage with little security other than a gate at the street entrance. The proposed special restrictions in the PD along with the proposed underlying zones of Public 1 (P1 - Open Space), Corridor Mixed Use 1 (CMU1), Heavy Commercial (CX) and Agriculture (A) provides a high level of predictability for future development. In addition, if the development is not completed as proposed within 5 years, the zoning will revert back to the original Agriculture zoning district.
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 Bitterroot Drive, an arterial street. There should be adequate ingress and egress to the property for emergency vehicles. A full development plan will require a second means of access to the property to allow protection from fire. The property is not within the Billings Heights Water District. The Billings city limits are south and west of the property (Bitterroot Heights Subdivision). The closest fire hydrant is about 600 feet south at the northeast corner of the Bitterroot Heights neighborhood. There is no public sewer service to the property. Access to public sewer would require annexation of the property to the city but the property is not within the Limits of Annexation at this time. 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 from current levels on Bitterroot Drive. The level of traffic increase will be dependent on the number of personal storage units of parking spots for RVs and boats. County Public Works will evaluate plans at the time of development to ensure additional traffic can be accommodated. Prior to the closing of the business on this property, Bitterroot Drive handled about 1,400 vehicle trips per day (south of Mary St intersection). A 2019 traffic count indicated a 41% decline in daily traffic at this location but this may have been a function of nearby temporary construction.
Water and Sewerage: The property will need to provide water for any human occupied structures, and for landscaping. There are likely older on-site facilities for water and wastewater handling for the offices and warehouses on the property. Any new structures requiring these facilities will need approval from RiverStone Health.
Schools and Parks: The proposal should have little effect on the number of children attending school with the maximum of 15 residential units proposed or have an increased demand for park space in the Heights. The property is within the Independent School District.
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. Trespassing, vandalism and theft are concerns but the applicant intends to have full security system in place for the storage facility and intends to not allow any access overnight.
4. Will the new zoning promote health and general welfare?
The new zoning will allow re-development of a previously active rural commercial site for personal storage warehousing, outdoor storage of personal property, reservation of a flood plain for open space, allow some agricultural uses and possibly low density residential development. Maintenance of the existing vacant commercial buildings and property is difficult without a development plan to put in place. It does not promote health of general welfare to leave buildings and property vacant and disused. A predictable development plan and an enforceable zoning plan will better promote the health and general welfare of the area. 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 storage, low density residential or agricultural uses will add traffic to Bitterroot Drive. The estimated increase in traffic would depend on the number of storage units, dwelling units or use of the property. Each dwelling contributes about 10 to 12 vehicle trips per day to the surrounding streets. Personal storage warehousing is a variable that is site and market specific. An analysis that predicts more than 500 new trips per day will require the developer to submit a traffic impact study with County Public Works. Any recommended traffic management approved by the County would have to be installed by the developer.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is north and east from urban zoning and development in the City of Billings. The proposed zoning is compatible with this development. The southwest corner of the PD zoning plan is Public 1 (P1- Open Space) and this zoning is compatible with the N3 zoning in Bitterroot Heights
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 urban residential and low density rural residential as well as agriculture uses. Open space, low density rural residential, personal self storage and agricultural use as proposed are compatible with the district and are suitable uses for this property.
9. Will the new zoning conserve the value of buildings?
The new zoning will allow the existing buildings on the site within the proposed CMU1 and CX underlying zone districts to be conforming to the zoning. This will preserve the value of these buildings.
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the uses as designated in the Planned Development agreement. Re-zoning and re-development of land that has been previously used for heavy commercial purposes is a difficult task. Some gravel mines in Billings have been converted to commercial uses (West Park Plaza, King Ave West & 24th St W) and some have been re-claimed for agricultural uses. The length of use for commercial purposes and gravel mining is a determining factor as well as location and geography. This is an appropriate use of land in this area 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 close to the city limits of Billings and is compatible with the typical suburban and rural development in this area of Billings Heights.
Planning staff received 11 letters of comment on the proposed PD agreement (attached). Most of the surrounding owner concerns centered on traffic generation (volume and type), noise, lighting and neighborhood character. While it is not known with certainty at this time, general traffic generation for personal self storage facilities on a daily basis is low, and it varies by season and location. Trip generation would be evaluated based on an actual development and would be required to be reviewed by County Public Works. Bitterroot Drive is a principal arterial street and can handle most additional traffic from the proposed development.
Prior to making a recommendation to the Board of County Commissioners, the Zoning Commission shall consider the findings of the 11 review criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning does comply with the following goals of the County Growth Policy and area plans:
- Predictable land use decisions that are consistent with neighborhood character
- 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.
The Planned Development zone is unique in that it allows property zoned agriculture to propose a specialized zoning to accommodate future uses and development of property that is more predictable than "standard" zone districts. For example, if the proposed zoning was simply general or heavy commercial, other commercial uses could be developed on the site in addition to the proposed personal storage facilities. While some of these uses, such as a hotel, restaurants, or retail businesses would not be likely given the current lack of public water and wastewater facilities, the standard zone district could allow these uses in the future when public services become available. Other commercial activities that are not dependent on public facilities could develop and be a source of unpredictability and conflict with existing neighborhoods. The proposed Planned Development prohibits certain uses from the underlying zone districts including some incompatible uses such as casinos, animal boarding facilities, animal sales, veterinary clinics, consumer maintenance and repair businesses, breweries, bars and taverns.
The 2006 Billings Heights Neighborhood Plan noted this parcel as an active rural commercial property. The adopted plan included a future land use map that preferred most of this area (east of Main Street) become residential with a few locations for retail businesses including the northeast corner of Mary Street and Bitterroot Drive. A future land use map is not regulatory but indicates only a generally preferred development type. There are several existing personal storage facilities in Billings Heights. However, few provide the outdoor storage in demand for RV and boat storage. Larger, and more rural, storage business do provide this type of outdoor storage but are further from the population center of Billings Heights. Heights Keep-It-Safe storage at 2215 Main Street has a small area for RV storage. Further east, A All Purpose Storage at Drury Lane and Highway 312 has RV and boat storage. There are a few others in this area but are true "field" storage with little security other than a gate at the street entrance. The proposed special restrictions in the PD along with the proposed underlying zones of Public 1 (P1 - Open Space), Corridor Mixed Use 1 (CMU1), Heavy Commercial (CX) and Agriculture (A) provides a high level of predictability for future development. In addition, if the development is not completed as proposed within 5 years, the zoning will revert back to the original Agriculture zoning district.
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 Bitterroot Drive, an arterial street. There should be adequate ingress and egress to the property for emergency vehicles. A full development plan will require a second means of access to the property to allow protection from fire. The property is not within the Billings Heights Water District. The Billings city limits are south and west of the property (Bitterroot Heights Subdivision). The closest fire hydrant is about 600 feet south at the northeast corner of the Bitterroot Heights neighborhood. There is no public sewer service to the property. Access to public sewer would require annexation of the property to the city but the property is not within the Limits of Annexation at this time. 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 from current levels on Bitterroot Drive. The level of traffic increase will be dependent on the number of personal storage units of parking spots for RVs and boats. County Public Works will evaluate plans at the time of development to ensure additional traffic can be accommodated. Prior to the closing of the business on this property, Bitterroot Drive handled about 1,400 vehicle trips per day (south of Mary St intersection). A 2019 traffic count indicated a 41% decline in daily traffic at this location but this may have been a function of nearby temporary construction.
Schools and Parks: The proposal should have little effect on the number of children attending school with the maximum of 15 residential units proposed or have an increased demand for park space in the Heights. The property is within the Independent School District.
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. Trespassing, vandalism and theft are concerns but the applicant intends to have full security system in place for the storage facility and intends to not allow any access overnight.
4. Will the new zoning promote health and general welfare?
The new zoning will allow re-development of a previously active rural commercial site for personal storage warehousing, outdoor storage of personal property, reservation of a flood plain for open space, allow some agricultural uses and possibly low density residential development. Maintenance of the existing vacant commercial buildings and property is difficult without a development plan to put in place. It does not promote health of general welfare to leave buildings and property vacant and disused. A predictable development plan and an enforceable zoning plan will better promote the health and general welfare of the area. 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 storage, low density residential or agricultural uses will add traffic to Bitterroot Drive. The estimated increase in traffic would depend on the number of storage units, dwelling units or use of the property. Each dwelling contributes about 10 to 12 vehicle trips per day to the surrounding streets. Personal storage warehousing is a variable that is site and market specific. An analysis that predicts more than 500 new trips per day will require the developer to submit a traffic impact study with County Public Works. Any recommended traffic management approved by the County would have to be installed by the developer.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is north and east from urban zoning and development in the City of Billings. The proposed zoning is compatible with this development. The southwest corner of the PD zoning plan is Public 1 (P1- Open Space) and this zoning is compatible with the N3 zoning in Bitterroot Heights
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 urban residential and low density rural residential as well as agriculture uses. Open space, low density rural residential, personal self storage and agricultural use as proposed are compatible with the district and are suitable uses for this property.
9. Will the new zoning conserve the value of buildings?
The new zoning will allow the existing buildings on the site within the proposed CMU1 and CX underlying zone districts to be conforming to the zoning. This will preserve the value of these buildings.
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the uses as designated in the Planned Development agreement. Re-zoning and re-development of land that has been previously used for heavy commercial purposes is a difficult task. Some gravel mines in Billings have been converted to commercial uses (West Park Plaza, King Ave West & 24th St W) and some have been re-claimed for agricultural uses. The length of use for commercial purposes and gravel mining is a determining factor as well as location and geography. This is an appropriate use of land in this area 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 close to the city limits of Billings and is compatible with the typical suburban and rural development in this area of Billings Heights.
RECOMMENDATION
Staff recommends approval of the Planned Development zone change and adoption of the findings of the 11 review criteria for ZC 711.
Attachments
- Zoning Map and Site Photos
- 2016 Aerial Map of Subject Property
- Chart of Zoning History
- Application Letter and Draft PD agreement
- Public Comment as of July 27 2022
- Map of Public Comments received