18.034Z

Zoning Map Amendment – Chevrolet Subdivision and Westover Hills Subdivision

Newton Family Farms Limited Partnership and Steven M. Bruce

Dick Doyle, Doyle Land Surveying, Inc.

The owners, Newton Family Farms Limited Partnership and Steven M. Bruce, are seeking approval of a zoning change request of 4.33 Acres of land from C-1, General Commercial District to A, Agricultural District.

The owner is seeking approval of a zoning change request from C-1, General Commercial District to A, Agricultural District.  This property is located on the south side of Westover Road and west of the intersection of Skyline Drive and Westover Road.

This property was annexed to the City of Gillette by the Westover Hills Addition Annexation in 1979 (Ord No. 988).  Lots 1-2, Block 4 and Lots 1-5, Block 3 were established by the Westover Hills Subdivision Phase I in August 1980. Lot 3A, Block 4 Westover Hills Subdivision Phase I was established in March 1996.  Lot 1 of the Davis Chevrolet Subdivision was established by the Davis Chevrolet Subdivision in April 2002. Each of these lots have remained undeveloped.  Unimproved 60’ city right of way exists between Lot 1, Block 3, Westover Hills Phase 1 and Lot 1, Davis Chevrolet Subdivision. Similarly, a 60’ right of way exists for Lee Esther Lane on the west.

The minimum size requirement for an A, Agricultural Zone District is 20 Acres.  As per Section 12.f.(2) of the Zoning Regulation any land “adjacent and contiguous land in the surrounding county that is zoned in a similar category or is used substantially for uses similar to those being sought by the applicant” can be used to obtain the minimum district size. This property, with the western 8.18 acres and the southern 198 acres in the county, zoned as A, Agricultural District meet the minimum district size requirements.

There is no minimum lot size for the A, Agricultural District except in cases where a residence is occupied only by the owners or persons employed by the owner.  In such a case at least three (3) acres of land is required for each permanently occupied dwelling.  No uses will be allowed upon the subdivided lots except those enumerated within the A, Agricultural District.

Sanitary sewer is available to each existing lot.  Water service is not available to the individual lots.  Any use requiring water services will require the developer to provide a service from the City water main located on the north side of Westover Road.  City electric is available to the existing lots.

The surrounding zoning includes C-1, General Commercial on the north and east, R-4 Multi-Family Residential District on the north, A, Agricultural District to the west, M-H, Mobile Home District and County A, Agricultural to the south.  The Future Land Use Plan as adopted in November 2013 indicates this property to be General Commercial (GC). The City-County Joint Future Land Use Plan adopted at the same time indicates the property to the south to be RR, Rural Residential.  

Pursuant to Section 12 of the City of Gillette’s Zoning Ordinance, a Zoning Map Amendment shall not be approved except to:

1. Correct an obvious error, or

2. Recognize changing conditions in the City

1. Any future development of the property will require review by the City Planning and Building Divisions.

2. No uses will be allowed upon the subdivided lots except those enumerated within the A, Agricultural District.

3. Requests for use of City Utilities on the subdivided lots will require review, zoning compliance, and appropriate tap fees for the requested use.

From a technical zoning perspective, Staff can recommend approval, though staff recognizes this request is not in line with the Future Land Use plan as shown in the 2013 Comprehensive Plan.  Any recommendation for approval is subject to all Planning Requirements.