YCZC 714 This is a zone change request from Neighborhood Mixed Use (NMU) to Light Industrial for a 6.88 acre parcel of land located generally on the west end of Hannon Road. The parcel is legally described as Tracts 1 and 2 of C/S 1263 and addressed as 3250 Hannon Rd. The current use is for a landscaping company - Evergreen Lawn and Landscape and the prospective buyer is Hardrives Asphalt, a heavy contractor involved in building roads and infrastructure.

Planning staff is recommending denial of the zone change request and adoption of the findings of the 11 review criteria for county zone changes.

OWNER: Evergreen Lawn and Landscape - Hardrives Asphlat - prospective buyer
AGENT: Anna Vickers, IMEG Corporation
LEGAL DESCRIPTION: C/S 1263 - Tracts 1 and 2
ADDRESS: 3250 Hannon Road
CURRENT ZONING: NMU
EXISTING LAND USE: I1
PROPOSED USE: Heavy Contractor yard and storage
SIZE OF PARCEL: 6.88 acre

None

See attached chart

NORTH: Zoning: Public 1 (P1) and Light Industrial (I1)
Land Use: Wilson Park (city), motorcycle repair, and warehouse
SOUTH: Zoning: Residential Manufactured Home (RMH)
Land Use: Single family residential
EAST: Zoning: I1
Land Use: Storage Yard
WEST: Zoning: Large Lot Suburban Neighborhood Residential
Land Use: Single family residential

This is a zone change  request to change from Neighborhood Mixed Use (NMU) to Light Industrial (I1) for a 6.88 acre parcel of land located generally on the west end of Hannon Road. The parcel is legally described as Tracts 1 and 2 of C/S 1263 and addressed as 3250 Hannon Rd. The current use is for a landscaping company - Evergreen Lawn and Landscape and the prospective buyer is Hardrives Asphalt, a heavy contractor involved in building roads and infrastructure.  The proposed use for the property would be storage of equipment and material, there will be no equipment maintenance or servicing of vehicles or equipment on the site. 

The applicant conducted a pre-application meeting on May 24, 2022, at the subject property. Several surrounding property owners attended the meeting. Their main concerns were having an industrial site adjacent to their residential neighborhoods, dust control and if the use would affect their well water.  The details of the pre-application meeting and materials are included as an attachment.  The Planning Division received no inquiries or comments from the notified surrounding owners within 300 feet of the subject properties.  

The County's 2008 Growth Policy supports new developments that are compatible with existing development and neighborhoods. The I1 zone is compatible with a variety of other land uses, including the adjacent I1 zoned property to the east. However, there are also residential land uses and less intense land uses in the area. The property currently has a landscaping business that includes planted trees on the south side of the property. As part of any additions to the property, the applicants through the zoning compliance permitting process, will be required to buffer the adjacent residential development to the west and south and has agreed to provide a sight obscuring fence in addition to utilizing the existing trees on the property to provide additional buffering. Although the applicant does not intend to use the property as an intense industrial use, this does not prevent the potential future uses to significantly impact the surrounding residential neighborhoods and park if the zoning were changed to I1.

• 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.

Schools and Parks: The change in zoning will not affect the schools and parks in terms of use. However, the City park adjacent to the property could be negatively affected by the uses allowed in I1 zoning.
Fire and Police: The subject property is serviced by the Billings Urban Fire Service Area (BUFSA).  The Billings Fire Department will continue to provide fire protection services for this property with or without a zone change.  Currently, the property is served by the Yellowstone County Sheriff's Department, Staff has not received any comments from the Sheriff Department.

4. Will the new zoning promote health and general welfare?
The property will need to provide water for domestic use and waste water disposal on site. All requirements for water and sewer will be reviewed through DEQ and the Montana State Building Codes division permit review. A Zoning Compliance Permit will be required and will review all site development including zoning restrictions, setbacks, lot coverage, and landscaping.  This area consists of industrial zoning to the east, parkland to the north and residential to the south and west. Changing this parcel to industrial zoning may be in line with the I1 zoned property to the east, but the Growth Policy encourages preservation of the neighborhood character. This would not protect the residential zoning districts to the south and the west.  The current NMU zone could potentially have a mix of residential and commercial uses that would be more desirable for the neighborhood and promote health and general welfare. 

5. Will the new zoning provide adequate light and air?
The proposed zoning per 27-603 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. Development under the new zoning will increase traffic. The level of traffic increase will be dependent on the amount of construction work the new business is involved in. The access for the property will be from Hannon Road to the East. The new zoning would result in substantial increase in traffic on Hannon Rd., specifically large trucks and equipment. The impacts on the residential side will be limited, due to the dead end road that blocks through traffic coming from the east. Hannon Road is currently not built to a specific County Road Standard and additional heavy vehicle traffic would likely require additional maintenance or improvement to the road.

7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with the I1 zoned property to the east. This area consists of industrial zoning to the east, parkland to the north and residential to the south and west. Changing this parcel to industrial zoning may be in line with the I1 zoned property to the east, but the Growth Policy encourages preservation of the neighborhood character. This would not protect the residential zoning districts to the south and the west.  The current NMU zone could potentially have a mix of residential and commercial uses that would be more desirable for the neighborhood and promote health and general welfare. 

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/medium density residential, industrial, agricultural and parkland. The County's Growth Policy supports new developments that are compatible with existing development and neighborhoods. The I1 is compatible with a variety of other land uses including the adjacent I1 zoned property to the east.  The applicants proposed use itself may not have a significant negative impact on the surrounding property depending on the intensity of the construction operation, but the potential uses allowed under the I1 district could have adverse impacts on the residential districts in the future.  The new zoning does not consider the character of the district and all the surrounding uses.

9. Will the new zoning conserve the value of buildings?
The new zoning would allow industrial uses adjacent to residential and public uses in this area of the County. It is not known by staff specifically how the industrial development might affect the value of the residential buildings in this area of the County, but there are concerns that industrial uses and development decreases the value of residential development nearby. 

10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
While there is an expectation that this property will develop at urban residential or commercial levels the I1 zoning is an industrial zoning district that allows intense industrial uses. The land around this property could become less attractive for residential uses. The current NMU zone could potentially have a mix of residential and commercial uses that would be more appropriate for the neighborhood. 

11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The property is not in direct proximity to the Billings city limits. The City Limits are to the north and southeast of the Hannon Road area.The entire area that includes the subject property is within the City Annexation Petition Area on its Limits of Annexation Map, so annexation and provision of City services is expected in this area.

Staff recommends denial and adoption of the findings of the 11 review criteria for Zone Change 714.