County Zone Change 707 – 1321 Alkali Creek Road  - A zone change request from Large Lot Suburban Neighborhood (N4) and Parks and Open Space (P1) to Agriculture (A), Rural Residential 1 (RR1), Rural Residential 3 (RR3) and Parks and Open Space, on Terrace Estates Sub, 3rd Filing, Lts 1-27 Block 1; Lts 1-16 Block 2, Lts 4A-53, 60, 72-76 Block 3, a 47.527 acre parcel of land. A pre-application neighborhood meeting was held on February 17, 2022, Via Zoom, and February 25, 2022, in a virtual Zoom meeting. Presented by: Karen Husman, Planner I.

Planning Division recommends approval of Zone Change 707 and adoption of the 11 criteria detailed in the summary section of this memo.

OWNER: James & JoAnn Boyer, and Laura Boyer
AGENT: Pinpoint Land Surveys, Clay Schwartz                   
LEGAL DESCRIPTION: Terrace Estates Sub 3rd Filing, Lts 1-27 Block 1; Lts 1-16 Block 2, Lts 4A-53, 60, 72-76 Block 3
ADDRESS: 1321 Alkali Creek Road
SIZE OF PARCEL: 47.527 acres
EXISTING LAND USE: Vacant  
PROPOSED LAND USE: Rural Residential and some Agriculture 
EXISTING ZONING: N4 & P1   
PROPOSED ZONING: A, RR1, RR3 & P1

None

See Attachments.

NORTH: Zoning: N3
Land Use:  Residential
SOUTH: Zoning: N4 & RR1
Land Use: Residential
EAST: Zoning: N3
Land Use:  Residential
WEST: Zoning: A & N4
Land Use:  Agricultural

The subject property is located north of Alkali Creek Road and west of the intersection of Sandstone Trail.  The 47 + acre parcel is currently undeveloped and was de-annexed from the city in 2017. The de-annexation was intended to help with a re-platting of the property into larger more rural residential lots and an agricultural parcel. The property owners believe changing the zoning and re-platting the lots in the subdivision would minimize the impact on Alkali Creek and surrounding area by reducing the development potential of the land. Alkali Creek and its associated floodplain is a significant challenge to development on this entire parcel.

After Project Re-Code was approved, the P became P-1 and the R-96 became N4 allowing large lot residential. The proposed RR1 and RR3 zones will allow larger residential lots and reduce the number of lots in the subdivision.  The applicants have received preliminary plat approval from the Yellowstone County Board of County Commissioners for the reduction in lots and re-platting. In order to be able to file a final plat, the zone change is required. Subdivisions cannot be platted if they are not in conformance with zoning. The new plat will reduce the number of lots from 78 to 5 lots with 3 rural residential lots, one agricultural parcel and the parkland. The rural residential and agricultural zones are based on lots size minimums and maximums. The proposed development will reduce the impact on the land by reducing the density of development potential.   

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 complies with the following goals of the Yellowstone County 2008 Growth Policy:

• Predictable land use decisions that are consistent with neighborhood character and preferred land use patterns identified in neighborhood plans. 

This zone change would allow the property owners to re plat the subdivision from 78 lots to 4 development lots and parkland along Alkali Creek.

• Goal: New developments that are sensitive to and compatible with the character of adjacent development. 

This property is adjacent to agricultural and residential uses. The intended uses are compatible with surrounding uses.  The proposed project would reduce the density potential with this subdivision.  There are similar developed lots to the south in the county area, the proposed Agriculture parcel will be south of the city limits and would not negatively impact the City parcels to the north. 

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 proposed reduction of the number of lots would significantly reduce the potential fire danger, specifically structure fire. 

3. Will the new zoning facilitate the provision of transportation, water, sewerage, schools, parks and other public requirements? 
Transportation: Development under the new zoning will decrease potential traffic by reducing the potential density.
Water and Sewerage: The property will be served by septic systems and on-site water (cisterns or wells).
Schools and Parks: The proposed zone will have minimal impact on schools in the district.
Fire and Police: The subject property is serviced by the Billings Fire Department (BFD) and the Yellowstone County Sheriff’s Department (YCSD).  Since the related plat has received preliminary plat approval the BFD and YCSD have been active in the review of the preliminary plat and also must approve the final plat prior to the Board of County Commissioners. Ingress and egress to the parcels will meet development requirements and there is a nearby fire hydrant which will be used for fire protection. Any required mitigation measures were included as part of the BOCC's conditional approval.

4. Will the new zoning promote health and general welfare?
The new zoning will allow development of property that is adjacent to an existing similar development to the south.  The zoning is not expected to have a negative effect on 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. The development under the new zoning would reduce the potential 78 lots to 4 lots for development.  The reduction of lots and new zoning would allow the large lot development and provide increased separation areas for adequate light and air.

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 streets.This development (Terrace Estates, 3rd filing) was originally platted in 1986 and largely remained undeveloped, no roads were constructed, so it is considered a "ghost" subdivision. This land area has not been generating any vehicular trips for quite some time but if built out in accordance with current zoning the property has the potential to generate more than 800 trips per day.   The new zoning will reduce the number of allowed lots from 78 lots to 4 lots and public parkland which will equate to a significant reduction in the traffic potential.  Reduction of the number of allowed lots will reduce the potential impacts from motorized as well as non-motorized transportation. 

7. Will the new zoning be compatible with urban growth in the vicinity?
The new zoning is not necessarily compatible with urban growth. The growth in the vicinity is suburban type growth as opposed to urban. The suburban nature of the surrounding development is very compatible with the newly proposed zones, specifically the proposed rural residential and agricultural zoning is compatible with the existing single family homes in the area. There are existing N3 single family lots to the north and large lot residential N4 and RR1 zoned property to the south.  The proposed RR1, RR3 and Ag zoning will be compatible to this area of suburban development because these zones are all primarily single-family only zones.

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 is residential subdivisions with larger lot city development to the north and rural large lot county development to the south which creates compatibility and character between the proposed uses and the existing uses.  With large lot residential development primarily surrounding the subject property, the proposed zoning would allow development of the property with similar large rural residential lots. Compatibility does not mean identical zones, but rather means the zones can co-exist in a cohesive manner in the area. The proposed zoning does consider the character of the district and suitability of the property for the proposed zoning by continuing the development pattern of large lot single family development.

9. Will the new zoning conserve the value of buildings? 
The new zoning itself would not affect the value of buildings. The new zoning will allow the development of residential uses adjacent to agricultural and residential uses. The new residential parcels should have a limited effect on the surrounding properties.  It is not known how new development would affect the surrounding property building values.

10. Will the new zoning encourage the most appropriate use of land in Yellowstone County?
The property is suitable for the proposed residential development.  This is an appropriate use of land in this area of the County and will encourage similar development to what is already on this edge of the City limits.  

11. Will the new zoning be as compatible as possible with adjacent zoning in the City of Billings? 
The proposed zoning is close to the City of Billings and is compatible with the typical suburban development in the outlying edges of the City limits.  

Planning Division recommends approval of Zone Change 707 and adoption of the 11 criteria.