County Zone Change 1 - SZD #17 – 5750 Pleasant Hollow Trail – Agriculture Residential to Residential 10 - A zone change request from Agriculture Residential to Residential 10, on Block 1, Lot 2 of Herlee Subdivision, a 20.2-acre parcel of land. Tax ID: C12317.  Presented by Nicole Cromwell, Zoning Coordinator

 

The Planning staff is recommending approval of the requested zone change based on the general conformance with the adopted development plan for Special Zoning District 17. The stated intent of the district is as follows: "The regulations and development pattern adopted herein are for the purpose of protecting and furthering the health, safety, and general welfare of the people living in the District and in Yellowstone County, Montana."
 

OWNER: Lloyd and Carol Reimann
AGENT: NA
LEGAL DESCRIPTION: Herlee Sub, Block 1, Lot 2
ADDRESS: 5750 Pleasant Hollow Trail
CURRENT ZONING: Agriculture Residential
EXISTING LAND USE: Single family home and agricultural buildings
PROPOSED USE: Same with additional lot for a family member to build a home
SIZE OF PARCEL: 20 acres

None.

The applicable Zoning History is attached at the end of this report.

NORTH:	Zoning: Residential 5 Land Use: Rural residential homes on lots from 5 to 20 acres
SOUTH:	Zoning: Agriculture Residential Land Use: 20+-acre agricultural lots with single family dwellings
EAST:	Zoning: Agriculture Residential Land Use: 20-acre agricultural lot with a single family dwelling
WEST:	Zoning: Agriculture Residential Land Use: 20-acre agricultural lot with a single family dwelling

Special Zoning District 17 was adopted for this area of Shepherd in May 1994. All special zoning districts are petitioned zone districts in the County, where landowners can request the Board of County Commissioners create a district to adopt land uses for a specific area of at least 40 acres in area. Over the years, the county has adopted 19 special zoning districts. Several of these districts were extinguished when the county area was annexed to Billings and municipal zoning was applied. The county has repealed one special zoning district (District 19) on the petition of the landowners in the district. in SZD 19, it was the consensus of the owners that the need for the special zoning district for the neighborhood west of Laurel was outdated. Special zone districts one through 11 were extinguished through annexation to Billings. Currently, there are seven active special zoning districts and one is pending adoption of regulations (SZD 21).

SZD 17 has three base zone districts - Agriculture Residential (20 acres), Residential 10 (10 acres) and Residential 5 (5 acres). In 2000, a landowner west of E.W. Tenny Rd requested a zone change from Agriculture Residential to Residential 10 for 80 acres of property. The Planning and Zoning Commission made no recommendation and allowed the applicant to withdraw the request. Otherwise, no other application has been submitted to change the base zoning district of property in SZD 17. In general, the property land area at the time of the special zoning district establishment was the deciding factor for a base zone district. For example, lots on the north side of Pleasant Hollow Trail were already smaller lots (~ 5 acres) so those lots were placed in the Residential 5 zone district. The subject property and the two lots on either side were already platted at 20 acres and were zoned in the Agriculture Residential.

The Planning staff review the district documents and has found that most of the zone districts are similar other than the minimum lot area. Here are the three district intent statements:

The Planning staff is recommending approval of the requested zone change based on the general conformance with the adopted development plan for Special Zoning District 17.