c.
County Zoning Commission
- Meeting Date:
- 08/08/2022
- SUBJECT
- County Zone Change 713 - S. 44th St. West- RR3 to RR1
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
County Zone Change 713 – S 44th Street West - From RR3 to RR1 - A zone change request from Rural Residential 3 (RR3) to Rural Residential 1 (RR1), on C.O.S. 3639, PARCEL 2A2A1, a 5.052 acre parcel of land. A pre-application neighborhood meeting was held on May 25, 2022, at the subject property. Tax ID: D00350C
RECOMMENDATION
Planning staff is recommending approval of the requested zone change and adoption of the findings of the 11 criteria for Zone Change 713.
APPLICATION DATA
| OWNER: Mark & Mary Gaughan | |
| LEGAL DESCRIPTION: C.O.S. 3639, PARCEL 2A2A1 | |
| ADDRESS: S 44th St West | |
| CURRENT ZONING: RR3 PROPOSED ZONING: RR1 |
|
| EXISTING LAND USE: Agriculture | |
| PROPOSED USE: Residential | |
| SIZE OF PARCEL: 5.01 acres |
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
See Attachments
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: RR1 Land Use: Residential |
| SOUTH: | Zoning: RR3 Land Use: Low Density Residential and Agriculture |
| EAST: | Zoning: PUD (City Limits) Land Use: Agriculture (Future Deaconess Billings Clinic development) |
| WEST: | Zoning: A Land Use: Agriculture |
BACKGROUND
This is a zone change request for a 5.01-acre parcel of land at South 44th Street West, past Shiloh Road on Central Avenue. The applicant would like to change the zoning of the property to allow low density 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 that was identified for rural and large lot residential development in the West Billings Neighborhood Plan adopted by the city and county in 2001. Much has changed since 2001 and City limits and services are in close proximity to this area today.This is discussed further below.
Five minor large lot residential subdivisions developed on the west end of Billings outside the City limits in the last 15 years - Cold Stone Estates, Hardy Boys, Lamm Subdivision, CC Subdivision and Golden Willow. These are generally located north and east of this location with primary access off Grand Avenue. There are several county major subdivision in the area, including Cloverleaf Meadows to the north and Shiloh Estates to the south and east (both are in the RR1 district) and Sundance to the west (in the N4 district).
Most of the residential subdivisions rely on either on-site water and wastewater or 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. Further, a new groundwater study of West Billings that will build on the previous work of the Montana Bureau of Mines and Geology is underway in partnership with the City of Billings and results of this updated study will be available in 2023. While this information is important and will likely affect development in this area significantly in the next few years, 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.
The subject property is also located within the City’s Long-Range Urban Planning Area on its Limits of Annexation Map as an area the City is considering for future annexation. However, the applicant is pursuing a county zone change for development and does not intend to request annexation. However, discussions with property owners, potentially including this one, are occurring right now to the west, south, and south across Central Avenue. Also, the county subdivision directly to the north, Cloverleaf Meadows, is already having water supply concerns with its well system and has approached the City for annexation options to access City services. It is critical that this property owner and others fully understand the City's intent to serve this area and how they may participate to avoid development in the County to occur and then be surrounded by the City almost immediately. 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. Urban residential subdivisions with municipal utilities are about 1/4-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. The owner reached out to planning staff last fall to inquire about process to amend the Limits of Annexation map but did not submit a formal Urban Planning Study. Ultimately, no changes were made to the map last year as no applications were received. However, City staff as noted above, is now in direct discussions with property owners in this immediate area to find solutions to have the area annexed and served with City services. 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 that may be well outside of any future annexation area and to plan for development that is within annexation areas and should be annexed to the city.
The County's 2008 Growth Policy supports new developments that are compatible with existing development and neighborhoods. The RR1 zoning is a large lot rural zone that is compatible with a variety of other land uses, including the agricultural and rural residential uses to the west. However, the City limits share this property's east boundary and Planning staff recommends and encourages discussion of annexation and access to city services occur prior to development of this property moving forward.
Five minor large lot residential subdivisions developed on the west end of Billings outside the City limits in the last 15 years - Cold Stone Estates, Hardy Boys, Lamm Subdivision, CC Subdivision and Golden Willow. These are generally located north and east of this location with primary access off Grand Avenue. There are several county major subdivision in the area, including Cloverleaf Meadows to the north and Shiloh Estates to the south and east (both are in the RR1 district) and Sundance to the west (in the N4 district).
Most of the residential subdivisions rely on either on-site water and wastewater or 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. Further, a new groundwater study of West Billings that will build on the previous work of the Montana Bureau of Mines and Geology is underway in partnership with the City of Billings and results of this updated study will be available in 2023. While this information is important and will likely affect development in this area significantly in the next few years, 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.
The subject property is also located within the City’s Long-Range Urban Planning Area on its Limits of Annexation Map as an area the City is considering for future annexation. However, the applicant is pursuing a county zone change for development and does not intend to request annexation. However, discussions with property owners, potentially including this one, are occurring right now to the west, south, and south across Central Avenue. Also, the county subdivision directly to the north, Cloverleaf Meadows, is already having water supply concerns with its well system and has approached the City for annexation options to access City services. It is critical that this property owner and others fully understand the City's intent to serve this area and how they may participate to avoid development in the County to occur and then be surrounded by the City almost immediately. 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. Urban residential subdivisions with municipal utilities are about 1/4-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. The owner reached out to planning staff last fall to inquire about process to amend the Limits of Annexation map but did not submit a formal Urban Planning Study. Ultimately, no changes were made to the map last year as no applications were received. However, City staff as noted above, is now in direct discussions with property owners in this immediate area to find solutions to have the area annexed and served with City services. 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 that may be well outside of any future annexation area and to plan for development that is within annexation areas and should be annexed to the city.
The County's 2008 Growth Policy supports new developments that are compatible with existing development and neighborhoods. The RR1 zoning is a large lot rural zone that is compatible with a variety of other land uses, including the agricultural and rural residential uses to the west. However, the City limits share this property's east boundary and Planning staff recommends and encourages discussion of annexation and access to city services occur prior to development of this property moving forward.
SUMMARY
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:
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 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.
This zone change would allow this parcel to develop in the same way to adjacent County subdivisions. The zoning is consistent and compatible with the county property in the area but not the urban development occurring directly to the east. The existing zoning district is intended to allow agricultural land uses with rural homes. The RR1 zone is meant to accommodate residential home sites between 1 and 2.99 acres.
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 with a private driveway. Future subdivision of the property will determine if this is adequate for the number of parcels proposed with that development. Future development of the parcel to the east that is in the City limits may include extension of Broadwater Avenue to the property. There should be adequate ingress and egress to the property for emergency vehicles if these cnnections are made. 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. The level of traffic increase will be dependent on the number of residential dwelling units constructed. Any development will require careful placement and construction of the access to Central Ave.
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.
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 suppression requirements will be evaluated at the time of a development plan. The Billings Fire Department will continue to provide fire protection services for this property with or without a zone change.
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 north, active agricultural uses to the west, and planned urban development in the City to the east. There are major County subdivisions near the subject property. 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 5.01 acres of a vacant parcel would provide a predictable use of the property but could be challenging for future property owners when property all around them is annexed into the City.
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 with a private driveway. Future subdivision of the property will determine if this is adequate for the number of parcels proposed with that development. Future development of the parcel to the east that is in the City limits may include extension of Broadwater Avenue to the property. There should be adequate ingress and egress to the property for emergency vehicles if these cnnections are made. 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. The level of traffic increase will be dependent on the number of residential dwelling units constructed. Any development will require careful placement and construction of the access to Central Ave.
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.
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 suppression requirements will be evaluated at the time of a development plan. The Billings Fire Department will continue to provide fire protection services for this property with or without a zone change.
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 north, active agricultural uses to the west, and planned urban development in the City to the east. There are major County subdivisions near the subject property. 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 5.01 acres of a vacant parcel would provide a predictable use of the property but could be challenging for future property owners when property all around them is annexed into the City.
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 a little traffic volume to the surrounding street network. The estimated increase in traffic would depend on the number of units approved with this development. Each single family dwelling creates an estimated average of 10 to 13 new traffic trips per day. 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 the County roads. The County will not require sidewalks in a subdivision with lots of this size.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with nearby rural zoning and development but would not fit with future urban development in the City that is occurring to the east and southeast. The proposed zoning is compatible with the low density County residential zoning and the adjacent agriculture zoning.
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 if just the County areas are considered. The property is suitable for the RR1 uses for lower density rural 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 RR1 zoning district. This is an appropriate use of land in this area for County development but this area is expected to come into the City and so long term development at rural densities may not fit with the area.
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, is compatible as possible with the PD zoning to the east and is compatible with the typical rural development in this area of West Billings.
RECOMMENDATION
Staff recommends the Zoning Commission recommend approval of the zone change and adoption of the findings of the 11 review criteria for Zone Change 713.
Attachments
- Zoning Map & Site Photos
- Application & Applicant Letter
- Neighborhood meeting information
- Site
- History