Item #1-YC Zone Change #697-A zone change request from Agricultural Open Space (A-1) to Agricultural Suburban (A-S) on Sunnycove Fruit Farms, Lot 70, a 9.43-acre parcel of land. A pre-application neighborhood meeting was held on August 1, 2019 at 6:30 pm, at 60^th St.  & Colton, in the barn on the subject property. Presented by Nicole Cromwell, Zoning Coordinator

Planning staff recommends approval and adoption of the findings of the 11 review criteria for Zone Change 697.

OWNER: David & Sarah Nigh
AGENT: None
LEGAL DESCRIPTION: Lot 70 Sunnycove Fruit Farms
ADDRESS: 1905 60th St West
CURRENT ZONING: A-1
EXISTING LAND USE: Pasture with Barn
PROPOSED USE: Same but subdivided into two lots
SIZE OF PARCEL: 9.43 acres

A pre-application for a minor subdivision was received and reviewed in July 2019.

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
1905 60th St W	None – Original Zoning	November 1973
SURROUNDING PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
5935 Colton Blvd	County ZC 487	Feb. 3, 1998	R-150 to A-1	Yes
62nd St W & Colton Blvd	County ZC 287	Sept 25, 1980	A-1 to R-150	Yes
2530 66th St W	County ZC 499	July 7, 1998	R-150 to A-1	Yes
1700 & 1720 60th St W	County ZC 542	May 29, 2001	A-1 to R-150	Yes	Two lot subdivision
6767 Grand Ave	County ZC 587	Jan 24, 2006	R-150 to CI	Withdrawn	Existing Auto Wrecking Yard
Colton Blvd – west of 60th St W	County ZC 672	May 31, 2016	A-1 to A-S	Yes	Two lot subdivision
6202 & 6302 Grand	County ZC 620	Nov 3, 2009	A-1 to A-S	Yes	Future Development

NORTH:	Zoning: A-1 Land Use: Single family dwelling and pasture
SOUTH:	Zoning: A-1 Land Use: Single family dwelling and pasture
EAST:	Zoning: A-1 Land Use: Agricultural
WEST:	Zoning: A-S Land Use: Agricultural and storage

This is a zone change request to allow the subdivision of a 9.43 acre parcel into two lots. The Sunnycove Fruit Farms Subdivision has covenants that allow one division of the original lots, so long as one of the new lots is at least 5 acres in area. The current zoning of A-1 only allows lots of at least 10 acres in area. The proposed A-S zone district allows lots as small as one acre. This area of West Billings has a variety of zone districts including A-1, A-S and Residential 15,000 (R-150). Some parcels within the original Sunnycove Fruit Farms plat have been annexed and subdivided with urban size parcels. These subdivisions include Foxtail Village, Cottonwood Grove, and MK Subdivision to the south and east.

The West Billings Neighborhood Plan (2001) indicates this area is in an "Urban Expansion Area". (Map 9, Planned Growth). Some expansion has occurred with the advent of the city's extension of water and sewer lines in Grand Avenue, 58th St W, 54th St W and Rimrock Road in 2003 to accommodate the Ironwood Subdivision north of Rimrock and east of Molt Road and to serve the existing Yellowstone Club Estates Subdivision. The subject property is within the 5-year limits of annexation for the City of Billings, but the owners are not intending to annex this area at this time.

Project ReCode is nearly complete and the new zone districts for the County will include a wider variety of rural residential districts. The subject property and other lots south of Colton and north of Grand Avenue are shown in the new "A" zone district in the County. The new "A" zone will be very similar to the existing A-1 and A-S zones in the County zoning regulations. The proposed A-S will have little impact on surrounding uses or neighbors. No comments or objections to the proposed zone change were received by Planning staff.
 

 PROPOSED ZONING COMMISSION DETERMINATIONS – Zone Change 697
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?

The proposed zoning does comply in part with the following goals of the Yellowstone County 2008 Growth Policy and area plans:

• Goal: Predictable land use decision that are consistent with neighborhood character and preferred land use patterns identified in the growth policy. (Land Use Element, page 6). This zone change would allow for a zone district consistent with the existing neighborhood character and preferred land us patterns. The A-S zone is an agricultural zone that allows small lots than the A-1 zone but still allows agricultural uses. The areas surrounding this property are still in agricultural zones and use. To the south and east are developing urban residential subdivisions.

In 2001, and then again in 2006, the City and County engaged in area planning for Billings West End. The West Billings Neighborhood Plan and the Northwest Shiloh Area Plan, indicated this area would include expansion of urban level development. The property does not intend to annex to the city at this time and the proposed zoning is compatible with the area at this time.

• Goal: New developments that sensitive to and compatible with the character of adjacent development. (Land Use Element Goal, page 6).

This property is surrounding by adjoining agricultural land and low density residential development. This area of West Billings has seen a lot of urban conversion of agricultural land to neighborhoods, schools and places of worship over the past 15 years. In 2001, the Ironwood Subdivision off Molt Road was the opening of new Billings West End development beyond Shiloh Road. In the intervening years, the number and size of new city neighborhoods west of Shiloh Road has grown steadily. These new urban neighborhoods include Falcon Ridge, Copper Ridge (now out beyond 70^th St West), Augusta Ranch, Foxtail Village, Trails West, Daybreak, Cottonwood Grove, Mont Vista, Vintage Estates, Grand Peaks, Legends West, Silver Creek, River Rock Estates, and Twin Pines. The proposed zoning should be compatible in the long term as West Billings continues to grow as an urban area of the city.

2.        Is the new zoning designed to secure from fire and other danger?
 
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?

The new zoning will allow subdivision of the property to create two lots. New development tends to increase property value for adjacent property. This should promote the health and general welfare of the area.
 
5.         Will the new zoning provide adequate light and air?

The proposed zoning would require 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 city or county roads. One additional building lot in this area should not effect transportation.
 
7.         Will the new zoning be compatible with urban growth in the vicinity?

The proposed zoning is compatible with the adjacent suburban zoning and developments.

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 has a mixture of rural and agricultural land uses and new urban neighborhoods. It is expected that agricultural uses will continue but will eventually be converted to urban developments. The property is suitable for the particular uses allowed within the proposed A-S zoning district.
 
9.         Will the new zoning conserve the value of buildings?
           
There is an existing barn on the property. The size and location of the barn is conforming to the existing and proposed zoning districts.
 
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 proposed A-S zone district and is appropriate for this are of the county.  
 
11.       Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
           
The property is not directly adjacent to any City zoning districts. To the south and east of Sunnycove Subdivision are a variety of urban zoning districts including R-96, R-70, R-60-R, NC and CC. These zoning districts are compatible.
 

Planning staff recommends approval and adoption of the findings of the 11 criteria for Zone Change 697.