County Zone Change 699 - A zone change request from Agricultural Open Space (A-1) to Agricultural Suburban (A-S) Zoning, on Parcel 2A2A of Certificate of Survey 3639, a 10.107 acre parcel of land. A pre-application neighborhood meeting was held on Monday, November 18, 2019 at the shop building adjacent to the subject property.  Presented by: Karen Husman, Planner I

Planning staff recommends approval of the zone change and adoption of the findings of the 11 criteria.

OWNER: Katheryn M Thiel, Revocable Trust
LEGAL DESCRIPTION: Parcel 2A2A of CS3639
ADDRESS: Generally located adjacent to the northeast corner of the property at 4449 Central Avenue
CURRENT ZONING: A-1
EXISTING LAND USE: Agricultural
PROPOSED USE: Agricultural & Residential
SIZE OF PARCEL: 10.107 acres

None

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
	None – Original Zoning	November 1973
SURROUNDING PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
CS 1777	County ZC 404	Sept 11, 1989	A-1 to A-S	Y	Cloverleaf Meadows Sub
5935 Colton Blvd	County ZC 487	Feb. 3, 1998	R-150 to A-1	Y
62nd St W & Colton Blvd	County ZC 287	Sept 25, 1980	A-1 to R-150	Y
2530 66th St W	County ZC 499	July 7, 1998	R-150 to A-1	Y
1700 & 1720 60th St W	County ZC 542	May 29, 2001	A-1 to R-150	Y	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6767 Grand Ave	County ZC 587	Jan 24, 2006	R-150 to CI	Withdrawn	Existing Auto Wrecking Yard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	Y	Two lot subdivision
6202 & 6302 Grand	County ZC 620	Nov 3, 2009	A-1 to A-S	Y	Future Development
1905 60th St W	County ZC 697	Oct 29, 2019	A-1 to A-S	Y

NORTH:	Zoning: A-S Land Use: Residential (Cloverleaf Meadows Sub)
SOUTH:	Zoning:A-1 Land Use: Agricultural
EAST:	Zoning: PD-CC (Billings Clinic) Land Use: Vacant
WEST:	Zoning: A-1 Land Use: Agricultural

The applicant is requesting a zone change from Agricultural Open Space (A-1) to Agricultural Suburban (A-S) Zoning, on a 10.107 acre parcel of land. A pre-application neighborhood meeting was held on Monday, November 18, 2019 at the shop building adjacent to the subject property. The application conforms to the 11 review criteria detailed in the Summary section of this memo.

This zone change would allow for a zone district consistent with the existing neighborhood character and preferred land use patterns. The A-S zone is an agricultural zone that allows smaller lots than the A-1 zone but still allows agricultural uses. The areas surrounding this property are still primarily agricultural zones and use. 

PROPOSED ZONING COMMISSION DETERMINATIONS – Zone Change 699
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 decisions 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 use patterns. The A-S zone is an agricultural zone that allows smaller 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 north and southeast are developing rural residential subdivisions.

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

This property is surrounded 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. 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?
The subject property is currently served by the Billings Urban Fire Service Area (BUFSA). The nearest fire station is located on 54^th St West, Fire Station #7 about 1.5 road miles from the subject property. The existing and proposed zoning requires building separations, setbacks, and height limits that should provide security from fire or other public safety emergencies. If development occurs, the property will pay the required increased service fees for BUFSA structure protection.

3.         Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: One additional lot in this area will have no measurable effect on the transportation system.  
Water and Sewerage:  The subject property has no well or cistern of record. No on-site waste water system is required since there are no occupied buildings at this time. RiverStone Health and the Montana DEQ will determine what new water or wastewater facilities may be required for new developments in the County.
Schools and Parks: The proposed zoning should have no measurable impact on schools or parks.
Fire and Police: The subject property is serviced by BUFSA and the Yellowstone County Sheriff’s Department. Both service providers can continue to serve the property.

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 roads. One additional building lot in this area should not have a measurable effect on the transportation network.
 
7.         Will the new zoning be compatible with urban growth in the vicinity?
The proposed zoning is compatible with the adjacent rural residential 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 rural residential neighborhoods. It is expected that agricultural uses will continue but will eventually be converted to urban or rural residential 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 are currently no buildings on the property.
 
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 area of the county.  
 
11.       Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings?
The adjacent parcel to the east is in a Planned Development zone and is still currently a vacant parcel. The new zoning is as compatible as possible.

Planning Staff has reviewed this application and is recommending approval and adoption of the findings of the 11 review criteria for Zone Change 699.