Zone Change 722 is a request to change zoning from Agriculture (A) to Rural Residential 3 (RR3) on a 206.2 acre parcel of un-platted land described as NW1/4 and the NESW1/4 of Section 4, Township 2 South, Range 26 East; and the E1/2NE1/4 of Section 5, Township 2 South, Range 26 East, Less C/S 2156 and C/2331. The property is partially outside the jurisdictional zoning boundary. This un-zoned land will remain un-zoned. The property is generally located east of Collier Crest Subdivision and north of Secret Valley Drive. The area outside the zoning jurisdiction is about 40 acres. A pre-application neighborhood meeting was held on November 9, 2023, at the Valley Bible Church at 3603 O’Shea Circle, at 5:30 pm. 

Planning staff is recommending approval and adoption of the findings of the 11 criteria for Zone Change 722.

OWNER: AA Properties LLC, Ali Bloesser
AGENT: Anna Vickers, IMEG Corp.
LEGAL DESCRIPTION: NW1/4 and the NESW1/4 of Section 4, Township 2 South, Range 26 East; and the E1/2NE1/4 of Section 5, Township 2 South, Range 26 East, Less C/S 2156 and C/2331
ADDRESS: None - generally located east of Collier Road, south of Crestridge and north of Secret Valley
CURRENT ZONING: Agriculture (A)
EXISTING LAND USE: Vacant - grazing
PROPOSED USE: Large lot rural residential subdivision
SIZE OF PARCEL: 206.2 acres in the zoned area

None

See attached Zoning History Chart

NORTH:	Zoning: A Land Use: Grazing land
SOUTH:	Zoning: Un-zoned Land Use: Large-lot residential subdivision and grazing
EAST:	Zoning: A and RR3 Land Use: Agriculture and large-lot residential subdivisions
WEST:	Zoning: A and RR3 Land Use: Agriculture and large-lot residential subdivisions

This is a zone change request to facilitate the development of a subdivision for rural residential homes with lots of at least 3 acres but may range up to 9.9 acres in area. The current zone allows residential homes on lots of at least 10 acres in area. The existing zone - Agriculture - is intended to be land that is primarily used for agricultural pursuits with residential use as an accessory to agricultural uses. The parcel is on the southern border of the county's 4.5-mile zoning jurisdictional boundary. Approximately 40 acres of the total parcel is outside the zoning boundary and will not be affected by the zone change. The total area included in the zone change request is 206.2 acres.

This area south of Billings and the Yellowstone River supports several rural residential subdivisions along with larger tracts where agriculture is the primary use for dry-land farming or grazing. Crest Ridge subdivision is west of Collier Rd and Blue Creek Views is to the east of the subject property. Both subdivisions are representative of the style of development in this area. There are no public water or sewer services in the area, and it is not likely such services will be available in the foreseeable future. All water will need to come from wells or by hauling water to cisterns. Well logs of record in the area include monitoring wells, water wells for domestic use and for stock water. The oldest well in the area was completed in 1910, and the newest well (monitoring) was completed in the last two years. Most domestic wells range from 55 feet deep up to 140 feet deep. Changes in water regulations may exclude the use of groundwater for domestic use for all lots in a future subdivision unless the owner has established a water right. Wastewater disposal may also be challenging. The soil in the area consists of clay, bentonite and shale. All of these soils are inconsistent with good drainage. 

The county does not have a specific area plan adopted for the Blue Creek area. The general growth policy elements and goals apply to this application. The growth policy encourages development that is similar in style to existing neighborhoods or land uses. Preservation of valuable agricultural soils is also a priority of the growth policy. The soils in this area have limited agricultural productivity. The topsoil is generally less than 2 feet in depth, with clay soil and bentonite near the surface. Residential dwellings in the area include basements, slab foundations as well as modular or manufactured homes. Choosing a foundation will be highly dependent on local soils at a specific building site. All of this detailed information will be developed during the following phase of planning for a new subdivision. Blue Creek Views subdivisions to the northeast encompass about 170 acres of land and supports about 45 residential home sites in the RR3 zoning district. This area would likely develop at the same or similar density of about 4 acres for each residential lot.

The Planning staff is recommending approval for the proposed zone district of RR3. The zoning proposed is compatible with the adjacent zone districts and development in the area. The site will need to go through the subdivision approval process for any substantial residential development. This will include engineering studies of the soil, provision for domestic water, waste water disposal for each residence, location of on-site water (dry hydrant) for fire fighting, street and road designs as well as access and egress from the new development. Results from these further studies may allow the density to either increase to 3 acres for each lot or decrease the density and require more area for each lot. The number of residential lots could be as low as 20 or as many as 60+ depending on the site design and engineering results. This will be determined during the subdivision review and approval stage of planning. The county has the ability to provide some public services in the area and any subdivision will create a Rural Special Improvement Maintenance District, so the new roads in the subdivision will be maintained after the developer completes the construction. The Blue Creek Rural Fire Department will provide immediate response to the area with mutual aid from the Billings Fire Department.

Fire and Police: The subject property is serviced by the Blue Creek Fire Service 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 Blue Creek Fire or sheriff's office.

4. Will the new zoning promote health and general welfare?
The zoning itself is not expected to have a negative effect on the health and general welfare of the area. County zoning regulations require minimum setbacks from property lines, separation of buildings for livestock, and restrict uses so compatibility is maintained with adjacent property. This is not unique to the rural residential zones, but instead is promoted by all districts.

5. Will the new zoning provide adequate light and air?
The proposed zoning will require minimum setbacks, maximum building heights and maximum lot coverage. These requirements, found in Table 27-300-4, 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 any of the adjacent county roads. Future development for acreage tract residential uses will add traffic to Collier Road and Blue Creek Road. Pedestrian traffic in the area is limited due to the lack of separate pedestrian facilities, and large-lot residential development. The areas to the north and west are zoned for either rural residential neighborhoods, or agricultural uses. As more traffic is added to Collier Road, additional county maintenance will be needed. Any new internal roads for the subdivision will be maintained through a rural special improvement maintenance district. 

7. Will the new zoning be compatible with urban growth in the vicinity?
This area of the county does not have urban growth in the vicinity. The existing development pattern is rural residential and agricultural uses. The proposed RR3 zoning and development is consistent with the residential growth in the area.

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 is primarily acreage tract residential subdivisions and agricultural uses. The RR3 zone district is compatible with the surrounding residential and agricultural uses. The adjacent parcels to the south and further west are currently un-zoned, and some are developed with acreage tract single-family homes.

9. Will the new zoning conserve the value of buildings?
The new zoning itself is not expected to alter the value of any buildings in the area. Valuations are typically based on improvements to the individual properties themselves. The new zoning will allow the development of new 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 RR3 zoning encourages the most appropriate uses for the land. The property is suitable for the proposed RR3 residential development. This is an appropriate use of land in this area of the county and will encourage similar development.

11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The proposed zoning is not close to the City limits of Billings.
 

Planning staff is recommending approval and adoption of the findings of the 11 criteria for Zone Change 722.