County Zone Change 702 – 133 Eagle Cliff Meadows – from A-S to R-150 - A zone change request from Agricultural Suburban (A-S) to Residential-15,000 (R-150), on Certificate of Survey 1884 Tract 1A2, of Amended Tract 1, a 22.2 acre parcel of land. A pre-application neighborhood meeting was held on June 24, 2020 at 6:00 pm via Zoom meeting. Presented by Karen Husman, Planner I.

Approval of Zone Change 702 and adoption of the 11 criteria for this zone change provided within this report.
 

OWNER: Wayne & Mary K Rottrup
AGENT: Scott Aspenlieder, Performance Eng., LLC
LEGAL DESCRIPTION: Certificate of Survey 1884 Tract 1A2, of Amended Tract 1
SIZE OF PARCEL: 22.2 acres
EXISTING LAND USE: Agricultural 
PROPOSED LAND USE: Residential 
EXISTING ZONING: Agricultural Suburban
PROPOSED ZONING: Residential 15,000 (R-150)

None. A pre-application meeting was held with Planning and county staff in April 2020 for a new subdivision of this property.

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)
Eagle Cliff Meadows	ZC 422	Nov 1991	A-1 to A-S	Y
SIMILAR PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)
Harvest Lane Sub & Hamberg Sub (West End)	228	1/23/1979	ZC from A-1 to R150	Yes
Sierra Estates 3rd Filing (Lockwood)	575	11/29/2004	A-1 to R-96	Yes
2230 S 44th St. W (West End)	683	9/26/2017	ZC from A-1 to R150	Yes
C/S 1285 Tr 1, C/S 1321 & C/S 1186 (West End)	197	8/1/1978	ZC from A-1 to R150	Yes
Copper Valley Estates - Copper Valley Circle (Lockwood)	504	10/2/1998	ZC from R-96 to R-150	Yes
130 Maier Rd (Lockwood)	485	12/9/1997	ZC from CI to R-150	Yes
C/S 1186 Tr 4A (West End)	464	11/2/1995	ZC from A-1 to R150	Yes
C/S 1285 Tr 2,3,4 (West End)	382	9/10/1985	ZC from A-1 to R150	Yes
McGuinness Sub (West End)	450	6/14/1994	ZC from A-1 to R150	Yes
C/S 1100 Tr 2 (West End)	274	3/4/1980	ZC from A-1 to R150 & NC	Yes
Old Hardin Rd (Lockwood)	662	8/10/15	CC to HC	Yes

NORTH: Zoning: R-96
Land Use: Residential/Agricultural 
SOUTH: Zoning:       A-S
Land Use: Residential/Agricultural
EAST: Zoning: Unzoned
Land Use: Agricultural
WEST: Zoning: A-1
Land Use: Agricultural

The current zoning, A-S, was approved by the County in 1991 by  Zone Change 422. The applicant is requesting a zone change from Agriculture Suburban (A-S) to Residential 15,000 (R-150) on the southwestern 22.2 acres of Certificate of Survey 1884 Tract 1A2, of Amended Tract.

The applicant intends to subdivide the property into residential lots within the zoning jurisdiction. In order to process the proposed subdivision, the zone change must be completed and approved in order to have lots less than one acre, the minimum required for A-S zoning.

A neighborhood meeting was conducted by the applicant on June 24, 2020 via an online Zoom meeting. Scott Aspenlieder, Performance Engineering, LLC explained the zone change request to R-150 was not for the entire property, but for the southwest 22.2 acres of the parcel.  The attendees were provided a copy of the subdivision proposal.  There was discussion regarding the residential use of the property, and the difference between the R-96 and the R-150 zoning.  

Planning staff has reviewed this application and is forwarding a recommendation of approval for the proposed zone change based on the 11 criteria for zone changes. The property is adjacent to low density residential and agricultural uses. It is in line with the existing growth in this area and would be compatible with what is already there.  The proposed zoning would be a predictable land use.

PROPOSED ZONING COMMISSION DETERMINATIONS
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?
The proposed zoning does comply with the following goals of the Yellowstone County Growth Policy and area plans:

• Prohibit high intensity commercial development in residential areas.

This zone change would only allow low density residential in an area of the county that has already seen low density housing developments.

• Predictable land use decision that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.

This zone change would allow for low density uses adjacent to existing low-density uses and neighborhoods. This is consistent with the neighborhood character.

• New developments that are sensitive to and compatible with the character of adjacent development.

This property is adjacent to existing low density residential uses. This is compatible with the adjacent development.  

2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Lockwood Fire Department. The nearest fire station is located at 501 Johnson Lane, approximately 1.7 miles north and west of the subject property.

3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The new zoning will increase traffic on Eagle Cliff Meadows. The proposed use, residential development, may require a traffic study to be done during the subdivision review process.
 
Water and Sewerage:  The property would have to be served by either individual septic systems or common septic systems. These parcels are not served by the Lockwood Sewer District and there is no plan to provide sewer service to this area. Any wastewater disposal system will need to be approved by Environmental Health, and would have to be reviewed and approved by Montana Department of Environmental Quality (MDEQ) prior to development.  Water will be supplied by the Lockwood Water and Sewer District.
 
Schools and Parks: The proposed zoning would impact three schools as it develops, Lockwood Elementary, Lockwood Middle and Lockwood High School.
 
Fire and Police: The subject property is serviced by the Lockwood Fire Department and the Yellowstone County Sheriff’s Department.  Fire protection will be evaluated at the time of a development plan.

4. Will the new zoning promote health and general welfare?
The new zoning will allow development of property that is adjacent to residential and agricultural property in all directions. The current zoning, A-S, allows low density single family dwellings, (1 per 1 acre) and agricultural uses. The proposed Residential 15,000 zoning will allow the owner to develop the property in a similar fashion as what is to the east and south. This will promote the health and general welfare of the area by developing in a similar manner as what is in the area.
  
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 on adjacent streets. Future development will add to both motorized and non-motorized activity on the area street system. There are no pedestrian facilities currently on the area streets, but there are unmarked trails throughout the adjacent private property. Sidewalks will be constructed in the development per the County Subdivision Regulations and provide some pedestrian safety and connectivity within the future development.
 
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with adjacent rural residential development. The current zoning and existing residential and agricultural development is consistent with the area and so would the proposed zoning should the zone change be granted.

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 has low density residential development and agricultural uses. The property is suitable for R-150 uses directly adjacent to these residential and agricultural uses. There is R-96 to the north and west, and A-1 and A-S zoning to the south and west, and directly east is outside of the zoning area.  The character of the area will change with more density with the proposed residential uses which follow the goals and policies of the Growth Policy for Yellowstone County. 
 
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 will result in market values for adjacent residential properties to remain stable or possibly increasing with new interest in living in the area.
 
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County? The property is suitable for the proposed residential development.  This area of south east of Billings has been zoned agricultural and residential since 1973. This is the most appropriate use of land in this area of the County and will encourage similar residential development to what is already in this part of the County. 
 
11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
 The proposed zoning is not compatible with urban development in the City of Billings. It is too low density for efficient service delivery. Lockwood Water and Sewer District enables higher density urban-style development in Lockwood, but it appears the Lockwood Sewer District will not service this area so lot size is limited due to septic systems.

Approval of Zone Change 702 and adoption of the 11 criteria for this zone change provided within this report.