a.
County Zoning Commission
- Meeting Date:
- 06/10/2024
- SUBJECT
- County Zone Change 724-1745 Mary Street- RR3 -A
- THROUGH:
- Karen Husman
- PRESENTED BY:
- Karen Husman
Information
REQUEST
County Zone Change 724 – 1745 Mary Street – Rural Residential 3 (RR3) to Agriculture (A) - A zone change request from Rural Residential 3 (RR3) to Agriculture (A), on Block 1, Lot 4E1 & 4E2 of Five Mile Creek Subdivision, a 16.32- acre parcel of land. A pre-application neighborhood meeting was held on April 8, 2024. Tax ID: C12516.
RECOMMENDATION
Planning staff is recommending approval of the requested zone change and adoption of the findings of the 11 criteria..
APPLICATION DATA
| OWNER: Carolene Chapman | |
| LEGAL DESCRIPTION: Block 1, Lot 4E1 & 4E2 of Five Mile Creek Subdivision | |
| ADDRESS: 1745 Mary Street | |
| CURRENT ZONING: RR1 | |
| EXISTING LAND USE: Agriculture & Residential | |
| PROPOSED USE: Agriculture & Residential | |
| SIZE OF PARCEL: 16.315 Acres |
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
See Attachments
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: A- Agriculture 10 acres & over Land Use: Residential and Agriculture |
| SOUTH: | Zoning: RR3 Land Use: Low Density Residential and Agriculture |
| EAST: | Zoning: A & RR3 Land Use: Residential and Agriculture |
| WEST: | Zoning: RR3 Land Use: Low Density Residential and Agriculture |
BACKGROUND
This is a zone change request to change the zoning designation of a 16.31-acre parcel located at 1745 Mary St. in the Heights, beyond the City limits. The applicant seeks to transition from the current Rural Residential 3 (RR3) zoning to Agriculture 10 acres and over (A) zoning. This alteration aims to align the property's existing agricultural use with the zoning regulations mandated by the district.
The County's 2008 Growth Policy supports new developments that are compatible with existing development and neighborhoods. Both the current RR1 zoning and the proposed Ag zoning constitute expansive rural zones (albeit at varying levels) that are compatible with a range of other land uses, including the adjacent agricultural and rural residential uses. Unlike the RR1 zone, which prohibits agricultural activities like crop cultivation in open fields or greenhouses, the Ag zone district permits a wider array of uses, including crop cultivation and raising livestock.
The County's 2008 Growth Policy supports new developments that are compatible with existing development and neighborhoods. Both the current RR1 zoning and the proposed Ag zoning constitute expansive rural zones (albeit at varying levels) that are compatible with a range of other land uses, including the adjacent agricultural and rural residential uses. Unlike the RR1 zone, which prohibits agricultural activities like crop cultivation in open fields or greenhouses, the Ag zone district permits a wider array of uses, including crop cultivation and raising livestock.
SUMMARY
Prior to making a recommendation to the Board of county Commissioners, the Zoning Commission shall consider the findings of the 11 review criteria:
1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zoning does comply with the following goals of the County Growth Policy and area plans:
1. Is the new zoning designed in accordance with the 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.
- New developments that are sensitive to and compatible with the character of adjacent City neighborhoods and County town sites.
- Contiguous development focused in and around existing population centers separated by open space. Preserve neighborhood character and quality of life.
This zone change would enable the agricultural activities on the property, which have been ongoing for several years, to conform to the zoning regulations. The zoning is consistent and compatible with the area. The new zoning district is intended to allow agricultural land uses with rural homes. The RR1 zone is meant to accommodate residential home sites between 1 and 2.99 acres. The proposed zoning district is aimed at facilitating agricultural land uses along with rural residences on larger properties with 10 or more acres, consequently aligning with the subject property at over 16 acres.
2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Billings Urban Fire Service Area (BUFSA). The property will have access from Mary Street, a county road. There should be adequate ingress and egress to the property for emergency vehicles. The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies.
3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: There are no indications suggesting that the new zoning would change the current level of traffic to and from the property.
Water and Sewerage: The property currently has an existing well and septic system and will not be served by public utilities.
Schools and Parks: The proposed zoning would not increase the number of school children attending. The School District had no comments on the application.
Fire and Police: The subject property is serviced by the Yellowstone County Sheriffs' Department and the Billings Urban Fire Service Area (BUFSA). Both Departments will continue to provide services to this property with or without a zone change.
4. Will the new zoning promote health and general welfare?
Similar to criteria 1 above, the zone change would enable the agricultural activities on the property, which have been ongoing for several years, to conform to the zoning regulations. The zoning is consistent and compatible with the area. The new zoning district is intended to allow agricultural land uses with rural homes. The newly designated zoning district is aimed at facilitating agricultural land uses along with rural residences on larger acreage. In short, the new zone will not change the current use of the land, therefore not changing the current general health and welfare.
2. Is the new zoning designed to secure from fire and other danger?
The subject property is currently served by the Billings Urban Fire Service Area (BUFSA). The property will have access from Mary Street, a county road. There should be adequate ingress and egress to the property for emergency vehicles. The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies.
3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: There are no indications suggesting that the new zoning would change the current level of traffic to and from the property.
Water and Sewerage: The property currently has an existing well and septic system and will not be served by public utilities.
Schools and Parks: The proposed zoning would not increase the number of school children attending. The School District had no comments on the application.
Fire and Police: The subject property is serviced by the Yellowstone County Sheriffs' Department and the Billings Urban Fire Service Area (BUFSA). Both Departments will continue to provide services to this property with or without a zone change.
4. Will the new zoning promote health and general welfare?
Similar to criteria 1 above, the zone change would enable the agricultural activities on the property, which have been ongoing for several years, to conform to the zoning regulations. The zoning is consistent and compatible with the area. The new zoning district is intended to allow agricultural land uses with rural homes. The newly designated zoning district is aimed at facilitating agricultural land uses along with rural residences on larger acreage. In short, the new zone will not change the current use of the land, therefore not changing the current general health and welfare.
5. Will the new zoning provide adequate light and air?
The proposed zoning entails specific regulations concerning minimum setbacks, maximum building heights, and maximum lot coverage. These stipulations are designed to ensure sufficient light and air access to both the subject property and neighboring properties. Given that the property is already developed, any new constructions will adhere to the mandated setbacks, lot coverage, and building heights, thereby promoting the provision of adequate light and air.
6. Will the new zoning affect motorized and non-motorized transportation?
The proposed zoning itself will not generate more traffic. Pedestrian traffic in the area is limited due to the lack of any pedestrian facilities on the County roads. There are not any proposed changes to the use of the property at this time. Therefore, the current agricultural use would not affect transportation.
7. Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with nearby urban zoning and development. The proposed zoning is compatible with the low density County residential zoning and the adjacent agricultural zoning.
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 a mix of low density residential and agricultural uses on the adjacent properties. The property is compatible with the RR1 uses for lower density rural residential development and suitable for the current agricultural use of the subject property.
9. Will the new zoning conserve the value of buildings?
The new zoning will not directly impact existing structures on neighboring properties. Both the surrounding zoning and development are comparable to those of the subject property, and there is no indication that it could affect the value of surrounding buildings.
10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the uses allowed in the AG zoning district. This is an appropriate use of land in this area of the County and has similar 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 situated near the city limits of Billings, aligning as closely as possible with the urban zoning of N3, and is in harmony with the typical rural development seen in this area of the Heights.
RECOMMENDATION
Staff recommends the Zoning Commission recommend approval of the zone change and adoption of the findings of the 11 review criteria for Zone Change 724.
Attachments
- Zoning Map & Site Photos
- Application & Applicant Letter
- Site Plan
- Neighborhood Meeting Info.
- Zoning History