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a.
County Zoning Commission
Meeting Date:
04/11/2016
SUBJECT
Zone Change 672 - Colton Blvd and 60th St West
THROUGH:
Candi Millar
PRESENTED BY:
Nicole Cromwell

Information

REQUEST

Item #1-County Zone Change 672 – Colton Blvd & 60th St West – A zone change request from Agriculture-Open Space (A-1) to Agriculture Suburban (AS) on Lot 71 of Sunny Cover Fruit Farms, a 10 acre parcel of land. The applicant and agents conducted a pre-application neighborhood meeting on February 24, 2016 at 3555 Racquet Drive. Presented by Nicole Cromwell, Zoning Coordinator

RECOMMENDATION

The Planning Division recommends approval and adoption of the findings of the 11 criteria for Zone Change 672.

APPLICATION DATA

OWNER: William and Susan Anderson  
AGENT: Tom Llewellyn  
LEGAL DESCRIPTION: Lot 71, Sunny Cove Fruit Farms  
ADDRESS: None assigned  
CURRENT ZONING: A-1  
EXISTING LAND USE: Vacant - agricultural land  
PROPOSED USE: 2 lots - possible future home sites  
SIZE OF PARCEL: 9.43 acres  

CONCURRENT APPLICATIONS

None.

APPLICABLE ZONING HISTORY

Sunny Cove Fruit Farms is an older County division of land originally platted with 9 to 10 acre lots of land in April 1910. While the property looks like a subdivision and is referred to as one here, it was recorded about 60 years before Montana adopted the Subdivision and Platting Act that created a legal process for subdivision review and platting. The subdivision runs from Rimrock Road south to Grand Avenue and from 54th St West west to 70th St West. The County zoning for the subdivision includes A-1, R-150, R-96, and 1 parcel recently zoned Community Commercial (CC). Most recently zone changes have occurred when parcels were annexed to the City or from A-1 to R-150 or from R-150 to A-1 zoning. The advantage to the property owner for an A-1 zone is to allow agriculture as the primary use of the property so barns, sheds and livestock buildings can be constructed without a residential dwelling on the property.

SURROUNDING LAND USE & ZONING

NORTH: Zoning: R-150
Land Use: Vacant land
SOUTH: Zoning: A-1
Land Use: Single family dwelling
EAST: Zoning: A-1
Land Use: Single family dwelling
WEST: Zoning: A-1
Land Use: Agricultural land

BACKGROUND

This applicant is requesting a zone change from A-1 to Agriculture Suburban (AS) zoning to allow for the division of this lot into two 4.69 acre parcels of land. The proposed division would split the lot from north to south. The A-1 zoning district requires a 10 acre minimum lot area and the AS zone requires a 1 acre minimum lot area. The County zoning regulations do not have a district with a minimum lot area between 1 acre and 10 acres. The Sunny Cove Fruit Farms subdivision was platted in 1910 and several of the lots have been annexed and re-subdivided for city neighborhoods. Most of the lots in this area of the subdivision have not been altered since the original subdivision. The property is not within the limits of annexation to the City within the next 5 years. The parcels to the north, northeast, and east of the subject property are within the limits of annexation.

Colton Blvd is discontinuous west of 54th St West and 60th Street West is unconstructed north of Colton Boulevard. All of the right of ways for the streets are in place but many sections of these streets remain un-constructed. Currently the subject property is used for storage of agricultural equipment and a horse corral. Both 60th Street West and Colton Blvd are County gravel roads. The current owners purchased the property in November 2015.

A zone change in 2001 was granted for Lot 103 to the south of the subject property to allow the division of the property into 2 lots for building purposes. One home was built in 2002 and another in 2005. This zone change would facilitate similar and compatible development in this area of the County.

The Planning Division has reviewed the application and is recommending approval based on the findings of the 11 criteria for zone changes. The property is at the intersection of two developed County gravel roads. Many of the surrounding homes and agricultural lands are developed with compatible uses and densities. Although the zoning requested allows for lots of 1 acre minimum, the Sunny Cove Fruit Farms subdivision has privately enforced covenants that allow only 1 division of each original 9 to 10 acre lot. The Planning staff did not receive any correspondence from surrounding property owners or concerns from County agencies.
 

RECOMMENDATION

The Planning Division recommends approval and adoption of the findings of the 11 review criteria for Zone Change 672.

Attachments