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a.
County Zoning Commission
Meeting Date:
05/08/2017
SUBJECT
Zone Change #681- 1400 & 1438 Plateau Road and 1412 Sagebrush Road
THROUGH:
Wyeth Friday
PRESENTED BY:
Karen Husman

Information

REQUEST

Item #1. Zone Change 681- Request for a zone change from Agriculture-Open Space (A-1) to Residential 9,600 (R-96) for a 20.65 acre parcel of land described as the E1/2W1/2 of Lot 1 and the W1/2W1/2 of Lot 1 in Section 2, Township 1 North, Range 26 East; and Tract 12B of C/S 1420. A pre-application neighborhood meeting was held on February 20, 2017, at 1438 Plateau Road, one of the subject parcels. Tax IDs: D04930A, D04937, D04935.  Presented by Karen Husman, Planner I

RECOMMENDATION

The Planning Division recommends approval and adoption of the proposed findings of the 11 criteria.

 

APPLICATION DATA

OWNER:                                  Production Consulting, LLC  
AGENT:                                   Scott Aspenlieder
LEGAL DESCRIPTION:            E1/2W1/2 of Lot 1 and the W1/2W1/2 of Lot 1 in Section 2, Township 1 North, Range 26 East;
                                              and Tract 12B of C/S 1420
ADDRESS:                             1400 & 1438 Plateau Road, & 1412 Sagebrush Road
SIZE OF PARCEL:                   20.65 Acres
EXISTING LAND USE:             Agricultural & Residential
PROPOSED LAND USE:         Residential
EXISTING ZONING:                 Agricultural Open Space
PROPOSED ZONING:             Residential- 9600

CONCURRENT APPLICATIONS

None.

APPLICABLE ZONING HISTORY

Subject Property –
County Variance #278- a variance from Section 27-308 requiring a minimum lot area of 10 acres to allow a minimum lot area of 7.62 acres in an Agriculture-Open Space zoning district on the West ½ of the West ½ of Lot 1 in Section 2, Township 1 North, Range 26 East, a 10.13 acre parcel of land. The proposed variance was to adjust the boundary line between 2 parcels of land to allow access to Plateau Road.
 
County Zone Change #668 –requesting a zone change from Agriculture-Open Space (A-1) and Residential 15,000 (R-150) to Residential 9,600 (R-96) on Tracts 1A, 2A, 3A, 4A, 5A1, 6A, 7A, 8A, 9, 10A, 10B, 11 and 12B, and unplatted portions of land described as the SW1/4NW1/4 and the NW1/4SW1/4 of Section 2, Township 1 North, Range 26 East, a 222.83 acre parcel of land generally located east of Highway 87 North and west of Plateau Road. 
 
Morrell Subdivision- a proposed major subdivision of 165 lots on the Tracts 1A, 2A, 3A, 4A, 5A1, 6A, 7A, 8A, 9, 10A, 10B, 11 and 12B, and unplatted portions of land described as the SW1/4NW1/4 and the NW1/4SW1/4 of Section 2, Township 1 North, Range 26 East, a 222.83 acre parcel of land generally located east of Highway 87 North and west of Plateau Road. 

SURROUNDING LAND USE & ZONING

NORTH:   Zoning:       Unzoned
               Land Use:   Residential/Agricultural

SOUTH:    Zoning:       Agriculture Open (A-1)/R-15,000
                Land Use:   Residential

EAST:       Zoning:       A-1
Land Use:  Agricultural Use

WEST:       Zoning: A-1
Land Use:  Agricultural Use

BACKGROUND

The subject property is located west off of Bitterroot Drive and south of Plateau Road which is approximately 1.2 miles north of Highway 312. All of the surrounding properties are zoned for residential and agricultural uses and some properties have been developed for very low density single family homes.  The current zoning, A-1, was in effect since 1973 when the County adopted jurisdictional zoning around the City of Billings. There is currently a home with some out buildings on one of the parcels proposed for this zone change. 
 
The applicant intends to develop the properties with a residential subdivision (approved as Morrell Subdivision) that, as currently submitted for review and approval, would include 20 lots for single family residential development. The zoning would only allow residential development.  The applicant states the intention is to make this development similar to the ones in the surrounding area.  The applicant also claims they will be extending the County Water District of Billings Heights (CWDBH) water system to this property to enable the home owners to irrigate yards and have domestic water.
 
A neighborhood meeting was conducted by the applicant on February 20, 2017, at 1438 Plateau Road, one of the subject properties of this proposed zone change.  There were no residents in attendance at the meeting. The applicants received one email with concerns about the zone change, concerning water and sewer to the development, what the intended use was and how it would affect neighboring properties. The questions were answered via email.
 
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 property is adjacent to low density residential uses and agricultural uses. It is in line with the existing growth in this area and would be compatible with what is already there.  The proposed zoning would bring predictable land use with it so the surrounding neighbors will know that it can only be used for residential uses.

RECOMMENDATION

The Planning Division recommends approval and adoption of the proposed findings of the 11 criteria.

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