b.
County Zoning Commission
- Meeting Date:
- 03/09/2015
- SUBJECT
- Zone Change #657 - Diamond Falls Subdivision
- THROUGH:
- Candi Millar
- PRESENTED BY:
- David Green
Information
REQUEST
County Zone Change #657: The applicant is requesting a zone change from Agriculture Open Space (A-1) to Residential 15,000 (R-150) on an un-platted portion of the S1/2NE/14 of Section 16, T1S, R25E, a 65.134 acre parcel of land. The property is generally located between South 48th Street West and South 52nd Street West on the north side of Austrian Pine Drive. The property is currently used as farm land. The applicant conducted a pre-application neighborhood meeting on January 26, 2015 at Elder Grove School located at 1532 South 64th Street West. Tax ID D00621.
RECOMMENDATION
The Planning staff is forwarding a recommendation of approval based on the 11 criteria for zone changes.
APPLICATION DATA
| OWNER: Diamond Falls, LLC | |
| AGENT: Blueline Engineering, LLC | |
| LEGAL DESCRIPTION: S1/2 of NE1/4 of Section 16, T1S, R25E (Less C/S 2458, 2892) | |
| ADDRESS: Between South 48th Street West and South 52nd Street West on the north side of Austrian Pine Drive | |
| CURRENT ZONING: A-1 | |
| EXISTING LAND USE: Agricultural | |
| PROPOSED USE: New subdivision with single family dwellings. | |
| SIZE OF PARCEL: 65.134 acres |
CONCURRENT APPLICATIONS
Preliminary plat approval for the Proposed Diamond Falls Subdivision is to go before the Board of County Commissioners on April 14, 2015.
APPLICABLE ZONING HISTORY
Subject Property:
None
Surrounding Properties:
Zone Change #539 – A zone change from Agriculture-Open Space (A-1) to Agriculture Suburban on Amended Lot 1A of Amended Lot 1 Amended, C/S 2084, now Bridle Creek Estates Subdivision, was approved on January 24, 2001.
Zone Change # 463 – A zone change from Agriculture-Open Space (A-1) to Residential 15,000 (R-150) on Lots 1B1 and 1B2 of C/S 2084, now Mountain View Subdivision, was approved on November 2, 1995.
Zone Change #452 – A zone change from Agriculture-Open Space (A-1) to Agriculture Suburban on Tract 1, C/S 2452, generally located at 1030 South 48th Street West, was approved July 19, 1994.
There have been another 5 similar zone change requests in the area south of this proposed subdivision in Yellowstone County since 1982. One of these applications was denied and the other 4 were approved for a total of 7 approved zone changes south of this property.
None
Surrounding Properties:
Zone Change #539 – A zone change from Agriculture-Open Space (A-1) to Agriculture Suburban on Amended Lot 1A of Amended Lot 1 Amended, C/S 2084, now Bridle Creek Estates Subdivision, was approved on January 24, 2001.
Zone Change # 463 – A zone change from Agriculture-Open Space (A-1) to Residential 15,000 (R-150) on Lots 1B1 and 1B2 of C/S 2084, now Mountain View Subdivision, was approved on November 2, 1995.
Zone Change #452 – A zone change from Agriculture-Open Space (A-1) to Agriculture Suburban on Tract 1, C/S 2452, generally located at 1030 South 48th Street West, was approved July 19, 1994.
There have been another 5 similar zone change requests in the area south of this proposed subdivision in Yellowstone County since 1982. One of these applications was denied and the other 4 were approved for a total of 7 approved zone changes south of this property.
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: A-1 Land Use: Agriculture |
| SOUTH: | Zoning: Agriculture Suburban (A-S) and R-150 Land Use: Residential |
| EAST: | Zoning: Western Sky Subdivision/Multiple zonings / In the Billings City limits Land Use: Agricultural |
| WEST: | Zoning: A-1 Land Use: Agricultural |
BACKGROUND
The subject property is located between South 48th Street West and South 52nd Street West on the north side of Austrian Pine Drive. The applicant is requesting a zone change from Agriculture Open Space (A-1) to Residential 15,000 (R-150) on an un-platted portion of the S1/2NE/14 of Section 16, T1S, R25E, a 65.134 acre parcel of land. The property is currently used for agriculture and there are no existing buildings on the subject property.
The proposed zoning, R-150, matches the zoning on a little more than half the lots to the south of the proposed site for the zone change. With the large lots that are proposed and the parkland dedication along the Hogan Slough to the north, this proposal will provide a large amount of open space and the opportunity for public access to the Hogan’s Slough.
The developer will be creating a Home Owner Association for the subdivision and will also be developing Covenants Codes and Restrictions for the development. These restrictions will dictate minimum size of house with design standards, fences, landscaping and also restrict activities within the proposed subdivision. These restrictions are designed to ensure that the development is a well maintained and aesthetically pleasing place to live and also maintain the highest possible property values.
The proposed zoning requires appropriate setbacks, limits building heights and lot coverage. The property is adjacent to existing residential uses and farm land. The zoning regulations for the county will require that each proposed building obtain a zoning compliance permit before construction on the lots.
The applicant conducted a pre-application meeting on January 26, 2015 and several interested surrounding owners attended the meeting. Concern was expressed about compatibility of adjacent property, lots in the subdivision to the south are 1 acre or larger and concern was expressed of possible effects this may have on existing property values. Interest in the appearance of what is going to be built on the new subdivision was expressed. Concern over new wells and how it will affect existing wells in the area was raised. There was also concern over Austrian Pine Drive and that the possible increase in traffic on a narrow road would be detrimental.
Planning staff has reviewed this application and is forwarding a recommendation of approval for the proposed zone change based on the 11 criteria for zone changes. The proposed R-150 zoning district is adjacent to other R-150 and A-S zoning to the south, with A-1 zoning to the east and north and a mix of zoning to the west. This property is in an area that at this point is or will be predominantly residential. With the Hogan’s Slough to the north providing the opportunity for open space for this residential development and others around it.
The proposed zoning, R-150, matches the zoning on a little more than half the lots to the south of the proposed site for the zone change. With the large lots that are proposed and the parkland dedication along the Hogan Slough to the north, this proposal will provide a large amount of open space and the opportunity for public access to the Hogan’s Slough.
The developer will be creating a Home Owner Association for the subdivision and will also be developing Covenants Codes and Restrictions for the development. These restrictions will dictate minimum size of house with design standards, fences, landscaping and also restrict activities within the proposed subdivision. These restrictions are designed to ensure that the development is a well maintained and aesthetically pleasing place to live and also maintain the highest possible property values.
The proposed zoning requires appropriate setbacks, limits building heights and lot coverage. The property is adjacent to existing residential uses and farm land. The zoning regulations for the county will require that each proposed building obtain a zoning compliance permit before construction on the lots.
The applicant conducted a pre-application meeting on January 26, 2015 and several interested surrounding owners attended the meeting. Concern was expressed about compatibility of adjacent property, lots in the subdivision to the south are 1 acre or larger and concern was expressed of possible effects this may have on existing property values. Interest in the appearance of what is going to be built on the new subdivision was expressed. Concern over new wells and how it will affect existing wells in the area was raised. There was also concern over Austrian Pine Drive and that the possible increase in traffic on a narrow road would be detrimental.
Planning staff has reviewed this application and is forwarding a recommendation of approval for the proposed zone change based on the 11 criteria for zone changes. The proposed R-150 zoning district is adjacent to other R-150 and A-S zoning to the south, with A-1 zoning to the east and north and a mix of zoning to the west. This property is in an area that at this point is or will be predominantly residential. With the Hogan’s Slough to the north providing the opportunity for open space for this residential development and others around it.
RECOMMENDATION
Staff recommends approval of Zone Change #657 and adoption of the 11 criteria for this zone change.