The Yellowstone County Zoning Commission, prior to any recommendation, shall consider the following:

Goal; Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.
The potential uses with a C3 zone are currently limited for this property due to its location in the County. It is important for the Commission to consider the many uses allowed in C3 zoning that could occur on this property long term and whether they fit in with the neighborhoods in the area. Some of those more intense uses include: convenience store with fuel pumps, car wash, RV or auto dealer, auto repair, and hotels and motels, construction sand and gravel mining, and personal self storage. The proposed C3 zoning is not consistent with the character of the area and the preferred land use patterns in the residential areas nearby and adjacent to the subject property. This area of the County has agriculture to the west side and a variety of low density residential uses to the north, south and east. The West Billings Plan considers the development of commercial nodes at the intersections of arterial streets. Although the West Billings Plan recommends commercial nodes, this location due to its rural nature and limited services and infrastructure is not suitable for commercial development. The N4 zone district is compatible with the surrounding residential uses and zone. The adjacent parcels to the south and west are currently unzoned, and are developed with large lot single family homes.

Goal: New developments that are sensitive to and compatible with the character of adjacent development.
This property is adjacent to agricultural and residential uses. The intended N4 uses are compatible to surrounding development and is compatible with the surrounding residential uses and zoning. The adjacent parcels to the south and west are currently unzoned, and developed with large lot residential uses.  There are no commercial uses and zoning nearby. The closest commercial uses are approximately ½ mile from the subject property (L1), the Musser Brothers Auction yard at 4372 Neibauer Rd. and Mountain West Storage southeast of the parcel at 2815 S. 48th Street. The proposed C3 zone would not be sensitive to the character of adjacent development because all the surrounding development are large lot residential, and uses allowed under C3 zoning are limited due to lack of sufficient infrastructure as noted above; uses like personal self storage would not need city services and could possibly be a business at this location.  The more intense uses allowed in the C3 district would impact the neighboring property with the possibility of increases in commercial traffic, noise and lighting by an operation that are not compatible with the residential uses in the area.  There is no guarantee of what type of business can operate at this location except for the allowed uses under the C3 zone district. The negative affects of some allowed uses in the C3 district should be considered when reviewing this application. 

The subject property is currently served by the Billings Urban Fire Service Area (BUFSA). The nearest fire station is located on at 24th Street West and King Avenue (Station #5) approximately five miles north and east of the subject property. Any future subdivision of land may require additional on-site water supply for fire protection.  The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies. These siting requirements are found in Section 27-400-2.

Transportation: Development under the new zoning will increase traffic on Neibauer Rd. and 48th Street West. The level of traffic increase will be dependent on the development of the proposed zoned parcel. The N4 residential development and C3 development would increase at different levels depending on the type of commercial uses developed. Generally each additional dwelling will create approximately 9 new trips per day.
Water and Sewerage:  The property will be served by septic systems and on-site water (cisterns or wells). City of Billings’ public utilities are not available and are not intended to be extended to this area for more than 5 years. 
Schools and Parks: The proposed zoning would impact two schools as it develops, Canyon Creek Elementary and Middle school and West High School.
Fire and Police: The subject property is serviced by the Billings Fire Department and the Yellowstone County Sheriff’s Department.  Fire protection will be evaluated at the time of a development plan. At the time this report was submitted, no comments were received from Fire or Sheriff's departments.

The zoning itself is not expected to have a negative effect on the health and general welfare of the area. County zoning regulations require landscape buffering for commercial uses. Further, the new zoning, like all zones regulates setbacks, height and other site and building characteristics in order to ensure the safe and orderly development. This is not unique to the C3 and N4 zones, but instead is promoted by all districts.  The C3 zoning has the potential to have some negative affects on health and welfare depending on the uses that are established, some commercial uses allowed could produce light, noise and/or oder that could affect neighboring residential uses. 

The proposed zoning will require minimum setbacks, maximum building heights and maximum lot coverage. These requirements, found in Section 27-400-2 allow adequate light and air to reach the subject property and adjacent properties. Similar to criteria four, the C3 zone regulates site and building characteristics to ensure safe and orderly development, however commercial uses allowed under the C3 have a greater latitude to build larger buildings. The C3 zone allows up to 50% lot coverage and a max of 60 foot height for buildings, this along with the minimum rear setback of 10 feet create compatibility challenges to the neighboring residential N4 that allows 30% maximum lot coverage and 34 foot maximum building height.

The subject property is in an area that is primarily large lot residential subdivisions and agricultural. The West Billings Plan considers the development of commercial nodes at the intersections of arterial streets. Although the West Billings Plan recommends commercial nodes, this location, due to its rural nature and lack of infrastructure it is not suitable for commercial development. Further, the placement of the C3 zone is considered spot zoning because it is wholly surrounded residential and agricultural uses. Spot zoning frequently creates compatibility challenges. The N4 zone district is compatible with the surrounding residential uses and zone. The adjacent parcels to the south and west are currently unzoned, and are developed with large lot single family homes.

The new zoning itself is not expected to alter the value of any buildings in the area. It is not known if its proximity to potential commercial property will affect the value of residential buildings. Valuations are typically based on improvements to the individual properties themselves. The new zoning will allow the development of new commercial and residential uses adjacent to agricultural and residential uses. The new residential uses should have no impact on surrounding properties.  Any development of the property will need to meet the site development requirements in the zoning code, including landscaping, screening, building heights and setbacks.

10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?

The proposed C3 zoning does not encourage the most appropriate use of land in this area of the County. Given the existing development and the fact the commercial zone would be wholly surrounded by low density residential there are compatibility concerns. The property is suitable for some of the uses allowed in the C3 zoning district, however without access to public utilities, many of the higher intensity uses could not be developed. The proposed N4 zoning encourages the most appropriate uses for the land. The property is suitable for the proposed N4 residential development.  This is an appropriate use of land in this area of the County and will encourage similar development to what is already in this part of the County. 

The proposed zoning is not close to the City limits of Billings.