County Zone Change 715 – 8522 S Frontage Rd – A to I1 This is a zone change request for property located on the southwest boundary of the County's 4.5-mile jurisdictional zoning generally located at 8522 S Frontage Road. The existing zoning and use is Agriculture and the proposed zoning for a portion of the property is Light Industrial to accommodate users that need large storage facilities and lay down yards. The zone change is for about 126 acres of a total of 196.6 acres of land held in three tax parcels with 1/2-mile of frontage on S Frontage Road, about 800 feet of frontage on Duck Creek Road (west property line) and about 600 feet of frontage on Danford Avenue (south property line). The 70 acres not included in the zone change will remain in the Agriculture zone. This area to remain in the Agriculture zone is adjacent to similar uses, including low density residential uses and Canyon Creek School. The zoning map and site photos shows the exact zone boundary for the zone change.

Planning staff is recommending approval and adoption of the findings for the 11 criteria for Zone Change 715.

OWNER: SAMM, LLC
AGENT: Sam Sparks
LEGAL DESCRIPTION: C/S 1281 Tract 1; unplatted land in T1S, R25E, Section 27 = NWSE SWSW N2SW (LESS SURVEYS RY & HWY) and SESW&SWSE
ADDRESS: 8522 S Frontage Road
CURRENT ZONING: Agriculture (A)
EXISTING LAND USE: Crop production - one single family dwelling (1960)
PROPOSED USE: Heavy commercial and industrial uses
SIZE OF PARCEL: 196.6 acres total - 126 acres subject to zone change request

None.

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
8522 S Frontage Road	NA				Original Zoning
COUNTY DISTRICTS	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
2815 S 48th St W	473	8/29/1996	A to CI	Yes	Update to Light Industrial (I1)
8108 S Frontage Rd	571	3/23/2004	A to EGC	Yes	Update to Heavy Commercial (CX) Furniture   Row
2345 S Shiloh Rd	419	6/20/1991	R150 to CI	Yes	Update to Agriculture (A)
2272 S Shiloh Rd	482	10/7/1997	R150 to CI	Yes	Update to CX
7850 S Frontage Rd	539	5/30/2000	A to ELI	Yes	Update to CX
2915 Wise Lane	522	12/21/1999	A to ELI	Yes	Update to CX
7710 S Frontage Rd	528	5/2/2000	A to ELI	Yes	Update to CX
RF Development Sub	521	12/21/1999	A to CI	Yes	Update to CX
Shackelford-Yellowstone and CS 1391	17	7/1974	A to CI	Yes	Update to I1
Broso Valley Park Sub and CS 3077	City 532A	2/27/1989	A to CI	Yes	Updated to CX

NORTH:	Zoning: Light Industrial - north of I-90 Land Use: Storage facility; Simplot fertilizers; agriculture fields
SOUTH:	Zoning: Agriculture (A), Public 2 (P2) and Special Zoning District 21 (regulations under draft) Land Use: Agriculture fields, Canyon Creek School and low density residential
EAST:	Zoning: A and Rural Residential 3 (RR3) Land Use: Agriculture fields, and low density residential
WEST:	Zoning: Unzoned Land Use: Warehouse, I-90 RV, Wireless Tower

The subject property is located on the far west boundary of the County's Zoning jurisdiction - approximately 4.5 miles from the Billings' city limits. Property along South Frontage Road has experienced growth in periodic bursts throughout the last three decades. Demand for larger lots, suitable for heavy commercial or industrial uses is growing south and west of Billings. Interstate visibility is also a market factor for property in this vicinity. The intended uses for the property are for uses similar to those in RF Development and Shackleford Subdivisions south of the interstate near the Zoo Drive exit, approximately 2 miles north and east of the subject property. The property currently has one residence and an agricultural operation. The proposed development will remove the residence and subdivide the parcel into large lots for heavy commercial and light industrial uses. The proposed zoning boundary is more than 300 feet from property used for residential or school purposes. The existing zoning of Agriculture will remain in place for this area. The south and east corner of the property is within a designated area subject to some flooding or inundation and has extremely high groundwater for most of the year.

The property has over 1/2-mile of frontage on S. Frontage Road and Interstate 90. Although there is vacant land to the east, interstate visibility is reduced based on the complexity of the interchange with Zoo Drive and further east at the King Ave W interchange. In addition, large lots of 5 to 15 acres are not available between this location and King Ave West that also have interstate visibility. The traffic volume on this section of S Frontage Road (a principal arterial road) is variable but has increased over the past 10 years from just over 3,800 to the current volume of just over 4,800 ADT. The reconstruction of the gas station and convenience store at the intersection with Wise Lane resulted in a long deceleration lane for the eastbound traffic and some safety improvements at this intersection. Average Daily Traffic volume as measured by a permanent MDT station near this location is about 4,800 vehicle trips per day on an annual basis. About 600 (12%) of those daily trips are by trucks weighing at least 16,000 lbs (8 tons GVW).  Any particular day may experience much higher volumes of traffic. For example, on Friday, April 28th, the station measured over 10,000 vehicle trips on S Frontage Road. There is construction on I-90 this spring, so this may contribute to the higher volumes of traffic on any particular day of the week. Any new development on this property will need to coordinate with MDT to ensure new drive approaches on to S Frontage Road are placed safely and according to state regulations. The proposed subdivision (shown on the Zoning Exhibit) shows one new entrance on to the property to the north and east of the two driveways for the current residence at 8522 S Frontage Road. This new entrance on S Frontage Road will need approval of MDT. Other access points on to the property are shown off Duck Creek Road (west) and possibility Danford Ave. (south). The subdivision is still in process, so exact locations of drive approaches have yet to be determined. The parcel shown as "Tract 1" on the zoning exhibit has an intended buyer, but the use has not been disclosed by the owner. 

Many of the comments from the surrounding property owners during the pre-application neighborhood meeting concerned water quality and quantity, traffic and intended uses. The surrounding property including Canyon Creek School to the south and west, depend on groundwater wells for drinking water. Irrigation water is also prevalent in the area and serves as a recharge to the local groundwater during the growing season. The flood plain of the Yellowstone River does extend north of Story Road (1/2-mile south). See attached exhibit. Any new use of the property would need to prove protection of the groundwater in the area through the DEQ approval for water and wastewater disposal. Certain industrial and heavy commercial uses may not be possible on the subject property due to DEQ rules for high strength or industrial wastewater processing. DEQ may require high levels of processing of such wastewater and due to the groundwater levels in the area and the proximity to the Yellowstone River, discharging anything through an on-site septic system will be challenging even for domestic type wastewater.

The proposed zoning of Light Industrial (I1) allows many types of commercial and industrial uses but does not allow residential uses, medical or health care facilities, or assembly uses (schools, churches). The zone district does allow some large format retail and restaurants, industrial and construction service businesses including contractor yards, equipment sales and service including recreational vehicles, cars and trucks, manufacturing and assembly except for "heavy" manufacturing such as petroleum plants, campgrounds or RV parks, animal sales and services such as veterinarians, warehousing including personal storage warehousing and similar uses. Warehousing is the most likely use of the property given the location, access to the interstate and limitations for water use and disposal.


 

Before making a recommendation to the Board of County Commissioners, the County 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 County neighborhoods.
• Contiguous development focused in and around existing population centers separated by open space.
• Coordinated economic development efforts that target business recruitment, retention, and expansion.
• An inviting and attractive urban interstate corridor through the County.

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 S Frontage Road and may also contribute to increased traffic on Duck Creek Road and possibly Danford Avenue. The level of traffic increase will be dependent on the type of uses. Any development will require careful placement and construction of the access to S Frontage Road. The exact location will be determined by the Montana Department of Transportation. Traffic levels on S Frontage Road fluctuate on a daily basis, but there is no concern about the capacity of the road to handle additional traffic. The S. Frontage Road is a principle arterial roadway, a designation that indicates it is intended to be used for high volumes of vehicular traffic.
Water and Sewerage: The property will need to provide water for commercial and industrial use and waste water disposal on site. Water can be provided by individual wells, a community 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 will ultimately require the approval of the Montana Department of Environmental Quality.
Schools and Parks: The proposed zoning would not be likely to increase the number of school children attending the School District 4 Canyon Creek or School District 2 West High School. Residential uses are not allowed in the I1 zone. The impact of some types of commercial or industrial uses on the adjacent school property is difficult to determine since the school is buffered by an area to remain in the Agriculture zone district.
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 and during the subdivision review process as indicated in criteria number 2. 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 a high-speed arterial corridor that includes the interstate highway. The zoning plan does not include land within 300 feet or more of property developed for residential or school use. This area will remain in the Agriculture zone district. There are a few County subdivisions near the property and a new special zoning district south of Danford Avenue (SZD 21). The total area subject to the zone change is about 126 acres of the 196 acre parcel. Allowing commercial development on land close to the interstate frontage will promote health and the general welfare. In other areas along the interstate corridor, residential and agricultural uses exist south of the commercial uses along the frontage roads.

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 commercial and industrial uses will add traffic volume to S Frontage Road and some of the surrounding street network. The estimated increase in traffic would depend on the type of developments on each parcel. Large warehouse operations may create more truck traffic on the S Frontage Road, but personal self storage facilities create fewer trips per day. A traffic impact study will likely be required for the subdivision as well as for the MDT determination of the best location for the S Frontage Road access point. 

7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with some nearby but not adjacent county commercial zoning and developments. The nearest city limits are separated by Interstate-90 and are approximately three quarters of a mile away as the crow flies. Other County commercial developments such as furniture row are located approximately .36 miles away which is where the Heavy Commercial corridor begins and continues east to Zoo Drive. Immediately across Interstate 90 is the railroad and other light industrial zoned vacant lots. The proposed zoning is compatible with the interstate corridor. Consideration has been given to the agricultural zoned land that will remain in place, serving as a buffer between the School and nearby residences. 

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 supports commercial and industrial development along S Frontage Road and agricultural uses on the adjacent property. Low density rural residential can be found further south of the subject property. The property is suitable for the I1 uses along the corridor and will likely have enough separation from residential uses and the school property to minimize potential impacts.

9. Will the new zoning conserve the value of buildings?
The new zoning will allow the development of new commercial and industrial uses. The owner has stated the existing dwelling on the property is no longer "livable" due to the traffic noise on the frontage road and the interstate. It is not known whether new development on the property will have any effect on adjacent building values. In general, new development tends to increase property value. 

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 I1 zoning district. This is an appropriate use of land in this area for County development.

11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
Zoning in the city limits in similar proximity to the interstate corridor is zoned by I1 and Heavy Commercial (CX). The proposed zoning is compatible with the adjacent and nearby city zoning.

Staff recommends approval and adoption of the findings of the 11 review criteria for Zone Change 715.