The Planning Division staff is recommending approval based on the proposed findings of the eleven criteria of Zone Change 736.

OWNER: Jeffrey & Riley Hudiburgh
AGENT:  James Papez, P.E.
LEGAL DESCRIPTION: an unplatted parcel of land in S21, T01 S, R25 generally located east of S 56th St. W. and north of Rustic Ave.
ADDRESS: 5415 Rustic Ave.
CURRENT ZONING:  Rural Residential 3 (RR3)
EXISTING LAND USE: Large Lot Residential & homeowner's landscaping business
PROPOSED USE: Large Lot Residential & homeowner's landscaping business
SIZE OF PARCEL: 10.05 acres

STAKEHOLDERS
Planning staff provided public notice of the application in accordance with zoning regulations, including notification to surrounding property owners, publication of a legal advertisement, and posting of the subject property. As of the date of this report, no written correspondence has been received from surrounding property owners regarding the proposed zone change. 

A pre-application neighborhood meeting was held on February 23, 2026, at 5:00 p.m. at the subject property (see attached meeting minutes). The meeting was attended by six members of the public, in addition to the applicant and their agent.  Discussion focused primarily on the proposed use of the property and the requested zoning designation. The applicant indicated that the existing use of the property would remain unchanged, with the landscaping business continuing to operate. The proposed zoning would allow for the creation of a one-acre parcel encompassing the existing residential dwelling located in the southeast corner of the property.

ALTERNATIVES
The Consolidated Yellowstone County Zoning Commission may:

• Recommend approval and adoption of the findings of the eleven review criteria for Zone Change 736; or,
• Recommend denial and adopt different findings of the eleven review criteria for Zone Change 736; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request. The applicant has not requested the Commission consider withdrawal of the application.

FISCAL EFFECTS
Approval or denial of the proposed zone change will have no fiscal effects on the Planning Division budget.

None. If approved, the applicant will be submitting an exempt plat to divide the existing parcel into two parcels as a family transfer. 

See attachments.

NORTH: SOUTH: EAST: WEST:

The applicant is requesting a zone change from RR3 to RR1 for an unplatted parcel located in Section 21, Township 1 South, Range 25 East, generally situated east of South 56th St. W. and north of Rustic Ave. The subject property is approximately 10 acres in size. The purpose of the requested zone change is to allow for the creation of a 1-acre parcel which is smaller than the minimum lot size permitted in the RR3 zoning district, thereby enabling the property owner to utilize the family transfer exemption to convey a parcel to a family member.

The surrounding area is characterized by a mix of active agricultural operations and low-density residential development. Nearby properties typically consist of larger parcels used for small-scale agricultural activities, equestrian uses, and single-family residences on acreage. There are also currently RR1 zoned parcels adjacent to the subject property to the north and south. This rural development pattern reflects low building intensity, significant open space, and land uses that are generally compatible with agricultural and animal-related activities. Within this context, the proposed rezoning to RR1 to accommodate a 1-acre parcel is considered consistent with the existing residential use of the property and compatible with the overall character of the surrounding area.

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 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. Preserve neighborhood character and quality of life by maintaining the residential character, which promotes orderly, predictable growth in accordance with neighborhood expectations and long-term planning goals.
• Preserve neighborhood character and quality of life.

The proposed zoning is consistent with and compatible with the surrounding area. The requested rezoning to RR1 is intended to help preserve the existing rural neighborhood character and maintain quality of life by conserving existing residential development that aligns with the scale, density, and pattern of nearby properties. The property owners intend to pursue a family transfer, and the RR1 zoning district would permit the creation of parcels ranging from 1 to 2.99 acres, which would accommodate that purpose.

The surrounding area includes several properties already zoned RR1, demonstrating that the requested zoning designation is consistent with existing land use patterns in the vicinity and is not out of character for the neighborhood. While the current RR3 zoning district is intended to support small-scale agricultural uses and larger rural residential lots, the RR1 district is better suited to accommodate smaller rural residential parcels while still maintaining the open, low-density setting that defines the area. Although the request does not involve new development, the proposed zone change is sensitive to the established character of the area and supports a transition that remains compatible with surrounding uses.

2. Is the new zoning designed to secure from fire and other dangers?
The subject property is currently served by the Billings Urban Fire Service Area (BUFSA). The RR1 zoning district includes development standards such as setbacks, access requirements, and maximum building coverage, which help ensure public safety and reduce potential fire or hazard risks. In addition, all future construction within the rezoned property will be subject to review through the zoning compliance permit process. There are no plans at this time to construct any new buildings.

3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation:The property is accessed via existing public roadways, and no additional transportation infrastructure is required. The proposed zoning change will minimally increase traffic demand and is not expected to impact existing transportation facilities. There are no plans to develop additional residential units on either parcel at this time.
Water and Sewer:If the rezoning is approved, the property owner intends to proceed with a family transfer exemption. As part of that process, water and wastewater provisions will be reviewed by the Montana Department of Environmental Quality (DEQ). The applicants have indicated that no additional improvements are proposed for the parcels at this time.
Schools and Parks:The proposed will create an addition of one single-family home when eventually developed. Existing park facilities are adequate to serve both current and potential future uses. As no new residential construction is proposed at this time, the request is not anticipated to impact local schools in the immediate future.
Fire and Police:The property is located within the Billings Urban Fire District, and fire protection services will continue to be provided accordingly. Law enforcement services are provided by the Yellowstone County Sheriff’s Office. The proposed zoning change will not require any additional public safety infrastructure.

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 RR1 zoning district is designed to ensure adequate light and air for residential development. Development standards such as setbacks, access requirements, minimum and maximum lot sizes, and limits on building coverage are incorporated to promote proper spacing between structures and maintain neighborhood livability.

6. Will the new zoning effect motorized and non-motorized transportation?
The property owner does not intend to pursue additional development following the proposed family transfer. The intent is to create a separate lot containing the existing residence while leaving the remaining parcel unchanged to eventually contain a single family home. The addition of a single family home could add up to 9 trips per day once the residence is fully constructed. Rustic Avenue is an existing gravel road with no sidewalks that ties to 56th St W. 56th St W is paved and also does not contain sidewalks. The addition of one single family home should have minimal impacts on the motorized transportation and no impacts on non-motorized transportation. 

7. Will the new zoning be compatible with urban growth in the vicinity of cities or towns?
The proposed zoning is compatible with existing and anticipated urban development in the surrounding area. The request aligns with the established pattern of residential lot sizes and land uses in the vicinity. The subject property exhibits a suburban character; therefore, a suburban zoning designation is appropriate. The RR1 district permits lot sizes ranging from 1 to 2.99 acres, which is consistent with the development pattern in the area. Several nearby properties are already zoned RR1, demonstrating that the requested designation is compatible with existing land use and is not out of character with the neighborhood. While the current RR3 zoning district is intended to support small-scale agricultural uses and larger rural residential parcels, the RR1 district better accommodates smaller rural residential lots while maintaining the open, low-density character of the area. Although no new development is proposed, the requested zoning change reflects and supports the existing development pattern and remains compatible with surrounding uses.

8. Does the new zoning consider the character of the district and the suitability of the property for particular uses?
The surrounding area is predominantly characterized by agricultural uses and similarly zoned residential properties, making the RR1 zoning district an appropriate designation for the subject property. Several nearby parcels are already zoned RR1, demonstrating that the requested designation is consistent with existing land use patterns and is not out of character with the neighborhood. While the current RR3 zoning district is intended to support small-scale agricultural uses and larger rural residential parcels, the RR1 district better accommodates smaller rural residential lots while still maintaining the open, low-density character of the area. Although no new development is proposed, the requested zoning change is reflective of the existing development pattern and remains compatible with surrounding uses.

9. Will the new zoning conserve the value of buildings?
The proposed zoning itself will not affect the value of buildings in the area. 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. The proposed zoning is compatible with adjacent land uses and is expected to help maintain and conserve the value of surrounding properties.

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 districts and surrounding land uses. The subject property exhibits a suburban development pattern, making a suburban zoning designation appropriate. The RR1 district permits lot sizes ranging from 1 to 2.99 acres, which is consistent with the existing development pattern in the area. Surrounding zoning includes RR1, RR3, and Agricultural districts, further supporting compatibility with the proposed designation. Additionally, the property is not located in close proximity to the City of Billings’ municipal boundaries, and therefore, the request does not present any conflicts with the zoning of nearby cities or towns.

Staff recommends approval based on the proposed findings of the eleven criteria of Zone Change 736.