Return Item: County Zone Change 728 - 4449 and 4511 Central Ave - A to N4 - A zone change request from Agriculture (A) to Large Lot Suburban Neighborhood Residential (N4) on two proposed one (1) acre parcels of land to be known as Lots 1 and 2 of Barber Farm Subdivision, in Tract 1A of C/S 2007 Amended, a 57.064-acre parcel of land. Zone Change 728 was first scheduled to be heard at the June County Zoning Commission meeting. However, the Commission did not have a quorum and the item had to be continued to this County Zoning Commission meeting on July 14, 2025.

The Planning Division staff is recommending approval based on the proposed findings of the eleven criteria of Zone Change 728.

OWNER: Diana Browne
AGENT: Taylor Kasperick, PE - Performance Engineering
LEGAL DESCRIPTION: TRACT 1A of COS 2007, Amended located in S03, T01 S, R25 E
ADDRESS: 4449 Central Avenue
CURRENT ZONING: Agriculture (A)
EXISTING LAND USE: Residential Homes and Agriculture
PROPOSED USE: Residential Homes
SIZE OF PARCEL: 57.064 acres, Size of area to be rezoned: 2.0 acres

The applicant does not have a concurrent zoning application. However, Barber Farms was submitted as a Yellowstone County minor subdivision for preliminary plat review on May 1, 2025. 

See attachments.

NORTH:	Zoning: Rural Residential 1 acre to 2.9 acres (RR1) Land Use: Residential
SOUTH:	Zoning: Corridor Mixed Use 1 (CMU1) Land Use: Vacant
EAST:	Zoning: Rural Residential 3 acres to 9.9 acres (RR3) Land Use: Residential
WEST:	Zoning: Large Lot Suburban Neighborhood (N4)  Land Use: Residential

The subject property is located on Tract 1A of COS 2007 Amended and is currently zoned Agriculture 10+ acres (A). It is developed with two separate single-family residential homes. One constructed in 1952 and the other in 1959, and has historically been used for both residential and agricultural purposes.

Originally, the property was platted in 1980 and included two tracts: Tract 1A (60.64 acres) and Tract 2A (20.21 acres). In 1983, the boundary lines between the two tracts were adjusted, and in 1984, Tract 2A was further amended to create two parcels: Tract 2A-1 (15.21 acres) and Tract 2A-2 (5 acres). Tract 1A remained intact and is now the subject parcel for this application.

The current Agriculture (A) zoning district is intended to preserve agricultural lands for a wide range of agricultural uses, limit incompatible development, and protect environmental resources. The subject property is already developed with residential uses. More than one principal dwelling is allowed in Agriculture zoning. The Agriculture zone district requires a minimum 10-acre lot size. There is a desire to subdivide the homes away from the remaining parcel of land into two, one-acre lots requiring a zone change. 

The applicant is proposing a zone change from Agriculture to N4 - Large Lot Suburban Neighborhood Residential for only the portion of the property that includes the two existing homes. This is in order to allow for the creation of two one-acre residential lots. The remainder of the parcel, approximately 55 acres, will remain zoned Agricultural (A). The N4 district is intended for low-density, large-lot residential neighborhoods and is consistent with surrounding zoning and development patterns. The proposed change will bring the residential portion of the property into compliance.

A pre-application neighborhood meeting was held on April 24, 2025, at the Emmanuel Baptist Church. The meeting was hosted by the applicant’s representative, Taylor Kasperick of Performance Engineering. Attendees asked why the zone change was being pursued at this time; the applicant explained that the change is necessary to bring the two existing homes into compliance with current zoning standards in order to legally subdivide them onto their own lots. Another question was whether the larger remainder of the parcel would also be rezoned; the applicant clarified that the remainder will remain zoned Agricultural (A) and is not part of the current request. When asked if there is water service to the site, the applicant confirmed that there is an existing well and cistern system. Kasperick also noted that the City of Billings is reviewing plans to extend a 16-inch water main along Central Avenue. A question was also raised about whether Performance Engineering would retain a stake in the property; the applicant confirmed they would not. Lastly, an attendee asked if Broadwater Avenue would be extended through the site, and the applicant responded that there are no plans to extend Broadwater at this time, but eventually this could happen.

This item was originally scheduled for the June 9, 2025, County Zoning Commission meeting. The County Zoning Commission convened its regular meeting on June 9, 2025, with Commissioners Bush, Gentry, and Poppler present. During the disclosure of conflicts of interest, Commissioner Poppler indicated that he represented the buyer of the larger parcel surrounding the subject property. As the two proposed lots for rezoning had not yet been legally subdivided from the parent parcel, this was determined to be a conflict of interest. Commissioner Poppler recused himself from participation, leaving only two eligible voting members. Planning staff clarified that, under state law, three affirmative votes are required to forward a recommendation on a zone change. With only two eligible voting members, the Commission could not take formal action due to lack of an official quorum. The applicant’s agent, Taylor Kasperick, expressed concern over the delay, noting that the postponement could affect contractual timelines and result in financial hardship for the applicant. He suggested that in the future, applicants in similar situations might be forced to pursue variances instead of rezoning due to timing uncertainties.

Despite these concerns, staff reiterated that a recommendation could not be forwarded without a voting quorum. The Commission concluded that the only option was to continue the hearing. As a result, Zone Change 728 was continued to the next County Zoning Commission meeting on July 14, 2025.
 

The Yellowstone County Zoning Commission, prior to any recommendation, shall consider the following:
1. Is the new zoning designed in accordance with the Yellowstone County 2008 Growth Policy?
GOAL: Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.
The proposed zoning supports this goal by aligning the zoning designation with the existing residential development on the property. It ensures consistency with surrounding residential zoning and reflects the established development pattern in the area. Future development of the property around this property is expected to be in the City, but the property needs to meet zoning if any changes to the lot lines are done and this zoning meets the requirements for these properties in the County at this time. By bringing the lot sizes into compliance with zoning standards and maintaining the residential character, the change promotes orderly, predictable growth in accordance with neighborhood expectations and long-term planning goals.

2. Is the new zoning designed to secure from fire and other dangers?
The property is located within the Billings Urban Fire District and is served by Fire Station 7, ensuring timely emergency response. Existing City fire hydrants are located to the east, with a dry hydrant positioned to the northwest of the property. Additionally, the City of Billings is reviewing plans to extend a 16-inch water main along the Central Avenue right-of-way, which will include the installation of new fire hydrants. These improvements will enhance fire protection and will be in close proximity to the property.

3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The property is accessed by existing public roads, and no additional transportation infrastructure is required. The zoning change does not increase density or traffic demand and will not impact current transportation facilities.
Water and Sewerage: There are plans under review by the City of Billings to extend a 16-inch water main along the Central Avenue right-of-way, which will include new fire hydrants. These improvements will support adequate water service and fire protection, and will facilitate future development in this area in the City Limits. No sewer extensions are planned to the lots at this time, and the zoning change does not require new utility services, as the property is already developed.
Schools and Parks: The proposed zoning does not increase residential density and will not place additional demand on local schools or parks. Existing services are sufficient to accommodate the current and future use of the property.
Fire and Police: The property is within the Billings Urban Fire District and is served by Fire Station 7. Fire protection will be further supported by existing hydrants nearby and the planned extension of the water main and hydrants along Central Avenue. Police services will continue to be provided by the Yellowstone County Sheriff’s Office. No additional public safety infrastructure is required.

4. Will the new zoning promote health and general welfare?
The proposed zoning will promote health and general welfare by ensuring the property complies with zoning standards for residential use. It supports development consistent with surrounding neighborhoods and does not introduce any new impacts that would affect public health or safety.

5. Will the new zoning provide adequate light and air?
The proposed zoning requires 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 zone change will not negatively impact motorized or non-motorized transportation. The property is already developed with residential homes, and the zoning better aligns with existing use without introducing new development. No changes to traffic, access, or infrastructure are anticipated.

7. Will the new zoning be compatible with urban growth in the vicinity of cities or towns?
The proposed zoning is compatible with any nearby urban development. The proposed zoning and development is consistent with residential lots in the area at this time.

8. Does the new zoning consider the character of the district and the suitability of the property for particular uses?
The surrounding area is primarily made up of agriculture and similar residential zones, and the N4 zoning aligns with existing development patterns at this time before urban development in the CIty occurs. The property is already developed with residential homes, and the zone change ensures consistency with the lot size requirements and intended residential use.

9. Will the new zoning conserve the value of buildings?
The proposed zoning will help conserve the value of buildings by aligning the zoning with the existing residential use and ensuring compliance with applicable zoning standards.

10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The proposed zoning encourages the most appropriate use of land by aligning the zoning with existing residential development. It ensures the property complies with zoning standards and supports the continued residential character of the area, consistent with current nearby land uses and planning goals.

11. Will the new zoning, as nearly as possible, be compatible with the zoning of nearby cities and towns?
The proposed zoning is compatible with adjacent zoning in the City of Billings. The property is in close proximity to residential city zoning to the east and south, including N2, NX1, and NX2. And future development of the property surrounding the area subject to this zone change is expected to occur in the near future. The proposed zoning is consistent with the existing pattern of development in the area and will fit the current residential uses.
 

Staff recommends approval based on the proposed findings of the eleven criteria of Zone Change 728.