b.
County Zoning Commission
- Meeting Date:
- 07/14/2025
- SUBJECT
- County Zone Change 729 - 2602 Rockwood St - RR-3 to N2
- THROUGH:
- Tate Johnson
- PRESENTED BY:
- Tate Johnson, Planner 1
Information
REQUEST
County Zone Change 729 - 2602 Rockwood St. - RR-3 to N2 - A zone change request from Rural Residential 3 (RR-3) to Mid-Century Neighborhood Residential (N2) on Certificate of Survey 540, S30, T1N, R27E, a 9.48 Acre parcel of land. A pre-application neighborhood meeting was held on May 21, 2025, at the subject property, 2602 Rockwood Street (Tax Code: D06596).
RECOMMENDATION
The Planning Division staff is recommending approval of Zone Change 729 based on the proposed findings of the eleven review criteria.
APPLICATION DATA
| OWNER: Dianne and Arron King | |
| AGENT: Greg Reid, WWC Engineering | |
| LEGAL DESCRIPTION: C.O.S. 540 S30, T01 N, R27 E | |
| ADDRESS: 2602 Rockwood St | |
| CURRENT ZONING: RR-3 - Rural Residential 3 acres to 9.9 acres | |
| PROPOSED ZONING: N2 - Mid- Century Neighborhood Residential | |
| EXISTING LAND USE: One Manufactured Home | |
| PROPOSED USE: Multiple Single-Family Residences | |
| SIZE OF PARCEL: 9.48 Acres |
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
See attachments.
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: Large Lot Suburban Neighborhood (N4) Land Use: Residential |
| SOUTH: | Zoning: Suburban Neighborhood (N3) Land Use: Residential |
| EAST: | Zoning: Residential Manufactured Home (RMH) Land Use: Residential |
| WEST: | Zoning: Large Lot Suburban Neighborhood (N4) Land Use: Residential |
BACKGROUND
The applicant is requesting a zone change from RR-3 (Rural Residential 3-acre minimum) to N2 (Mid-Century Neighborhood Residential) for a parcel located in Lockwood, identified as Certificate of Survey No. 540, generally located at 2602 Rockwood Street. It is currently developed with a mobile home that was placed on the lot in 1974 and has historically been used for residential purposes. This lot is situated within a growing residential area, surrounded by a mix of residential zoning districts, including RMH, N4, and N3.
The certificate of survey was originally recorded in June 1950 and has not been amended since. In September 1975, the property was approved for a zone change from Residential 15,000 (R-150) to Residential Manufactured Home (RMH). During the Recode process, it was subsequently reclassified to RR3.
The RR-3 zoning districts are intended for single-family homes, with or without agricultural uses. In addition to residential homes, small-scale agricultural uses may be allowed, including stables, livestock and agricultural crops raised for personal use. Basic setback and height parameters apply with a range of allowed lot areas defined by “-1” and “-3”, meaning RR-1 has a minimum lot size of 1 up to 3 acres, and RR-3 has a minimum lot size of 3 up to 10 acres.
The proposed N2 zoning district in the county is intended to be similar in character of single-and two-family homes developed during the middle of the twentieth century. These characteristics include homes wide on the lot, garages located on less than a third of the front facade, low-pitched roofs, and doors and windows on the front facades. Building and garage location are specified in the regulations, with basic parameters for front doors and windows.
According to Article 27-800, the use of the N2 district in the county requires either connection to county water and sewer services or submission of a Planned Neighborhood Development (PND) application. Currently, water and sewer mains from the Lockwood Water and Sewer District are located adjacent to the property and can be extended to serve future lots. Given the availability of these utility connections, the proposed N2 zoning is permitted.
A pre-application neighborhood meeting was held on May 21, 2025, to present the proposed zone change and gather public feedback. The meeting was hosted by the applicant’s agent, WWC Engineering. At the meeting, the agent clarified that the original notification included incorrect zoning descriptions and provided accurate information regarding the request to rezone the property from RR-3 to N2. Due to the confusion caused by the initial letter, attendees requested that a corrected notice be sent and that a second meeting potentially be held. The agent responded that they would contact the Yellowstone County Planning Department for guidance on how to provide clarification to nearby residents. A new letter detailing the correct zoning information was sent out following the meeting.
Attendees raised additional questions regarding the proposed layout of the subdivision. The agent explained that a final layout had not been determined, which prompted concerns from residents who felt a zone change should not be approved without a specific development plan. The agent responded that zone changes and subdivisions are separate processes, and that any layout provided at this stage would only be conceptual and subject to change as the process advances.
Residents inquired whether duplexes would be permitted on the lots south of Clayton Street. The applicant’s representative clarified that covenants, conditions, and restrictions (CCRs) would be implemented to prohibit duplex development on those lots, allowing only single-family homes. A property owner on Silverton Street raised concerns about the possibility of extending Silverton Street through the proposed subdivision and requested clarification regarding access points. The agent explained that, since a subdivision plat had not yet been submitted, a definitive layout could not be provided at this time. However, they noted that Yellowstone County Subdivision Regulations require a minimum of two points of access. Potential access routes may include three connections to the west, Sherwood Avenue to the northeast, and a possible southern connection via the unconstructed portion of Clayton Street, offering flexibility for future access planning.
Another resident requested a copy of the list of residents who had been notified by mail of the pre-application meeting. The agent stated that this information could be provided via email upon request. Questions were also raised regarding the approximate number of lots that could be created. The agent estimated between 20 to 30 lots, but emphasized that the final number could vary based on factors such as parkland dedication, irrigation easements, roadway dedications, and stormwater requirements.
Finally, traffic impacts on the adjacent roadways were discussed. The agent outlined the overall zone change and subdivision process and clarified that a Traffic Impact Study (TIS) would be required as part of the subdivision review, with the number of units driving the scope of that study.
The certificate of survey was originally recorded in June 1950 and has not been amended since. In September 1975, the property was approved for a zone change from Residential 15,000 (R-150) to Residential Manufactured Home (RMH). During the Recode process, it was subsequently reclassified to RR3.
The RR-3 zoning districts are intended for single-family homes, with or without agricultural uses. In addition to residential homes, small-scale agricultural uses may be allowed, including stables, livestock and agricultural crops raised for personal use. Basic setback and height parameters apply with a range of allowed lot areas defined by “-1” and “-3”, meaning RR-1 has a minimum lot size of 1 up to 3 acres, and RR-3 has a minimum lot size of 3 up to 10 acres.
The proposed N2 zoning district in the county is intended to be similar in character of single-and two-family homes developed during the middle of the twentieth century. These characteristics include homes wide on the lot, garages located on less than a third of the front facade, low-pitched roofs, and doors and windows on the front facades. Building and garage location are specified in the regulations, with basic parameters for front doors and windows.
According to Article 27-800, the use of the N2 district in the county requires either connection to county water and sewer services or submission of a Planned Neighborhood Development (PND) application. Currently, water and sewer mains from the Lockwood Water and Sewer District are located adjacent to the property and can be extended to serve future lots. Given the availability of these utility connections, the proposed N2 zoning is permitted.
A pre-application neighborhood meeting was held on May 21, 2025, to present the proposed zone change and gather public feedback. The meeting was hosted by the applicant’s agent, WWC Engineering. At the meeting, the agent clarified that the original notification included incorrect zoning descriptions and provided accurate information regarding the request to rezone the property from RR-3 to N2. Due to the confusion caused by the initial letter, attendees requested that a corrected notice be sent and that a second meeting potentially be held. The agent responded that they would contact the Yellowstone County Planning Department for guidance on how to provide clarification to nearby residents. A new letter detailing the correct zoning information was sent out following the meeting.
Attendees raised additional questions regarding the proposed layout of the subdivision. The agent explained that a final layout had not been determined, which prompted concerns from residents who felt a zone change should not be approved without a specific development plan. The agent responded that zone changes and subdivisions are separate processes, and that any layout provided at this stage would only be conceptual and subject to change as the process advances.
Residents inquired whether duplexes would be permitted on the lots south of Clayton Street. The applicant’s representative clarified that covenants, conditions, and restrictions (CCRs) would be implemented to prohibit duplex development on those lots, allowing only single-family homes. A property owner on Silverton Street raised concerns about the possibility of extending Silverton Street through the proposed subdivision and requested clarification regarding access points. The agent explained that, since a subdivision plat had not yet been submitted, a definitive layout could not be provided at this time. However, they noted that Yellowstone County Subdivision Regulations require a minimum of two points of access. Potential access routes may include three connections to the west, Sherwood Avenue to the northeast, and a possible southern connection via the unconstructed portion of Clayton Street, offering flexibility for future access planning.
Another resident requested a copy of the list of residents who had been notified by mail of the pre-application meeting. The agent stated that this information could be provided via email upon request. Questions were also raised regarding the approximate number of lots that could be created. The agent estimated between 20 to 30 lots, but emphasized that the final number could vary based on factors such as parkland dedication, irrigation easements, roadway dedications, and stormwater requirements.
Finally, traffic impacts on the adjacent roadways were discussed. The agent outlined the overall zone change and subdivision process and clarified that a Traffic Impact Study (TIS) would be required as part of the subdivision review, with the number of units driving the scope of that study.
SUMMARY
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?
GOAL: Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.
2. Is the new zoning designed to secure from fire and other dangers?
3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
4. Will the new zoning promote health and general welfare?
5. Will the new zoning provide adequate light and air?
6. Will the new zoning effect motorized and non-motorized transportation?
7. Will the new zoning be compatible with urban growth in the vicinity?
8. Does the new zoning consider the character of the district and the suitability of the property for particular uses?
The surrounding area consists of similar residential zoning districts, including RMH, N3, and N4, which support a range of housing types. Rezoning to N2 allows for single- and two-family homes that match the scale and style of nearby development. The applicant has stated that the future subdivision will include covenants, conditions, and restrictions (CCRs) that will limit housing to single-family residences only. However, private CCRs are not enforced by the County, so the zoning of N-2 that allows single- and two-family homes is what would be enforced by the County as far as future property development. The property is well-suited for this type of use due to its location within an established residential area and its access to existing infrastructure, including public water and sewer services.
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 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 N2 zoning encourages the most appropriate uses for the land. The property is suitable for the proposed N2 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?
1. Is the new zoning designed in accordance with the Yellowstone County 2008 Growth Policy?
GOAL: Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans.
The proposed zone change from RR-3 to N2 supports this goal of promoting predictable land use decisions that are consistent with neighborhood character and preferred land use patterns. The N2 zoning designation supports single- and two-family residential development that reflects the mid-century development style already present in surrounding neighborhoods. The subject property is bordered by various residential zoning districts, including RMH, N3, and N4, and the proposed zoning provides a predictable transition between these existing zones.
GOAL: More housing and business choices within each neighborhood.
The proposed zone change to N2 supports the goal of increasing housing choices within the neighborhood by allowing more flexible residential development on smaller lots. N2 differs from the existing RR-3 zoning, which limits development to large-lot, rural residential uses. The change will allow for a greater variety of lot sizes and home styles that better reflect the evolving character of the neighborhood. Although business uses are not included in this proposal, the zone change still contributes to the broader goal of enhancing residential options within the community.
GOAL: Preserve neighborhood character and quality of life.
The proposed zone change to N2 is designed to preserve neighborhood character and quality of life by facilitating residential development that reflects the scale and form of surrounding neighborhoods. The proposed zone change will allow for compatible infill development while ensuring that housing types and lot configurations remain consistent with adjacent residential areas. In addition, the applicant has stated that future subdivision will have covenants, conditions, and restrictions (CCRs) limiting residential uses to single-family dwellings only. However, private CCRs are not enforced by the County, so the zoning of N-2 is what would be enforced by the County as far as future property development. Infrastructure improvements, including sidewalks and multiple points of access, will also support public safety and livability.
The proposed zone change to N2 supports the goal of increasing housing choices within the neighborhood by allowing more flexible residential development on smaller lots. N2 differs from the existing RR-3 zoning, which limits development to large-lot, rural residential uses. The change will allow for a greater variety of lot sizes and home styles that better reflect the evolving character of the neighborhood. Although business uses are not included in this proposal, the zone change still contributes to the broader goal of enhancing residential options within the community.
GOAL: Preserve neighborhood character and quality of life.
The proposed zone change to N2 is designed to preserve neighborhood character and quality of life by facilitating residential development that reflects the scale and form of surrounding neighborhoods. The proposed zone change will allow for compatible infill development while ensuring that housing types and lot configurations remain consistent with adjacent residential areas. In addition, the applicant has stated that future subdivision will have covenants, conditions, and restrictions (CCRs) limiting residential uses to single-family dwellings only. However, private CCRs are not enforced by the County, so the zoning of N-2 is what would be enforced by the County as far as future property development. Infrastructure improvements, including sidewalks and multiple points of access, will also support public safety and livability.
2. Is the new zoning designed to secure from fire and other dangers?
This property is currently served by Lockwood Fire Department. There are existing hydrants located at the intersections of Greenwood Avenue with Rockwood Street and Silverton Street. 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: Development under the new zoning will increase traffic. The level of traffic increase will be dependent on the number of residential dwelling units constructed. The level of traffic increase will be dependent on the development of the proposed zoned parcel. Generally, each additional single-family dwelling, according to the ITE Manual, will create approximately 10 new vehicle trips per day.
Water and Sewerage: The Lockwood Water and Sewer District will provide water and sewer service to the property. Existing water and sewer mains are located adjacent to the property and can be extended to serve future lots. These infrastructure extensions will help to eliminate existing dead-end mains and improve the system's flow.
Schools and Parks: The development which would be allowed under the proposed zoning would likely increase the number of school children attending the Lockwood School District. The number of dwelling units will determine the possible impact on schools. The School District had no comments on the application.
Fire and Police: The property is serviced by the Lockwood Fire District and the Yellowstone County Sheriff's Department. Fire suppression requirements will be evaluated at the time of the development plan.
Water and Sewerage: The Lockwood Water and Sewer District will provide water and sewer service to the property. Existing water and sewer mains are located adjacent to the property and can be extended to serve future lots. These infrastructure extensions will help to eliminate existing dead-end mains and improve the system's flow.
Schools and Parks: The development which would be allowed under the proposed zoning would likely increase the number of school children attending the Lockwood School District. The number of dwelling units will determine the possible impact on schools. The School District had no comments on the application.
Fire and Police: The property is serviced by the Lockwood Fire District and the Yellowstone County Sheriff's Department. Fire suppression requirements will be evaluated at the time of the development plan.
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, and restrict uses so compatibility is maintained with adjacent properties.
5. Will the new zoning provide adequate light and air?
The proposed zoning requires 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 any of the adjacent county roads. Future development for residential uses will add traffic to the area's network. The proposed development will require two access points, prompting improvements or extensions to adjacent roads to meet county standards. The property lies within the Lockwood Pedestrian Safety District, which requires sidewalks in any new subdivisions. These improvements will enhance safety and connectivity for non-motorized users, supporting a more balanced and accessible transportation network.
7. Will the new zoning be compatible with urban growth in the vicinity?
The N2 zoning district supports compact residential development that aligns with the urban character of the surrounding area, which includes a mix of residential zones such as RMH, N3, and N4. The property has access to existing infrastructure, including public water and sewer, making it suitable for efficient infill development.
8. Does the new zoning consider the character of the district and the suitability of the property for particular uses?
The surrounding area consists of similar residential zoning districts, including RMH, N3, and N4, which support a range of housing types. Rezoning to N2 allows for single- and two-family homes that match the scale and style of nearby development. The applicant has stated that the future subdivision will include covenants, conditions, and restrictions (CCRs) that will limit housing to single-family residences only. However, private CCRs are not enforced by the County, so the zoning of N-2 that allows single- and two-family homes is what would be enforced by the County as far as future property development. The property is well-suited for this type of use due to its location within an established residential area and its access to existing infrastructure, including public water and sewer services.
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 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 N2 zoning encourages the most appropriate uses for the land. The property is suitable for the proposed N2 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 of Billings and is compatible with the typical urban development in this area of Lockwood.
RECOMMENDATION
Planning staff is recommending approval and adoption of the findings of the 11 criteria for Zone Change 729.
Attachments
- Zoning Map & Site Photos
- Chart of Zoning History
- Application & Applicant Letter
- Pre-Application Meeting Information
- Zoning Exhibit