|
|
| Zoning Commission | |
| Date: | 02/04/2025 |
| Title: | Zone Change 1061 - 441 Riverside Rd, Wilson Park, YVAS - Public 1 to Public 2 on 5.145 acres |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
The Planning staff is recommending approval of Zone Change 1061 and adoption of the findings of the 10 review criteria.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change from Public 1 - Parks and Open Space to Public 2 - Public, civic and institutional for a 5.145-acre portion of a 14.98 acre parcel of land known as Wilson Park. The subject property is owned by the city and the proposed zone change is to facilitate the lease or sale of this portion to the Yellowstone Valley Animal Shelter (YVAS) to build a new regional animal shelter that will benefit the public. There is a concurrent annexation request to bring the entire 14.98-acre park into the city limits. The city is also preparing a subdivision of the property to create the 5.145-acre parcel and dedicate the adjacent Riverside Rd right of way.
Before the code update in 2021, the city only had one zoning district for parks, schools, churches, airports, landfills or public and institutional uses. This zone - Public - was expanded into three separate public zone districts to make the potential uses predictable for surrounding property owners. For example, now most churches and schools are in the Public 2 (P2) zoning district and campuses such as MSUB, and the hospital area are in Public 3 (P3 - Campus - Education, Medical, or Civic). Public zoned land can either be publicly owned or privately owned. Public 1 (P1) zoning is specifically for parks and open space areas. P1 zoning can have buildings and structures that are focused on the primary use of the park or open space area. For example, the Yellowstone Club golf course is zoned Public 1 and has a clubhouse and facilities for golfers and members of the club. The proposed P2 zoning for about one-third of the 15-acre site is in the northwest corner of the property. The remaining area will stay in the P1 zone district. The property is known as Wilson Park and was willed to the city in 1973. It was previously leased to the nearby Field of Dreams Garden Center and Nursery (3250 Hannon Road) for a tree farm where nursery stock could be grown-on for sale to customers. The 15-acre tree farm did become neglected over the years and eventually, City Parks and Recreation reclaimed the site from the garden center owners and removed all the trees and debris. In the mid-2010s, the City Public Works department did use this area as a place to store snow plowed off city streets. There is no park master plan for this site, although there are bikeways and trails planned around the site for the future.
The YVAS intends to partner with the city to build a new animal shelter on the subject parcel that will expand the capacity of the shelter, provide new and modern facilities, and assist the soon-to-be complete Rocky Vista College of Veterinary Medicine to provide an area for students to receive hands-on training outside a classroom. There will be expanded and secure outdoor space for the benefit of the shelter animals and potential adoptees of pets. Animal shelters are allowed uses within the proposed Public 2 zone district. The public zone district is required to match adjacent zone districts that are adjacent to, or within 150 feet of the exterior boundary of the parcel. The building will be setback from the street with an adjacent parking lot for customers. P1 and P2 uses are intended to be compatible. For example, many schools (P2) are adjacent to public parks (P1). P2 uses can have some impacts on adjacent residential or commercial uses. The landscaping code section does require buffer yards between P2 parcels in separate ownership and between P2 and P3 parcels. The landscaping code does not require a buffer yard between P1 and P2 zoned parcels. The property to the north is zoned Heavy Industrial (I2) and is the location of the waste piles for the sugar beet refinery. The buffer yard for this boundary is the B3 designation that includes sight-obscuring landscaping and fencing. The properties across Riverside Rd to the west are outside the city limits and zoned General Commercial (C3). Most are developed for small or medium-sized businesses. To the south of Hannon Rd (south boundary of the entire parcel), is a small neighborhood of single family homes in the county. This neighborhood east of Riverside Road is zoned Large Lot Suburban Neighborhood (N4) and has city water provided through county water lines. Many residences and businesses on Riverside Rd also have access to city water through county water lines.
Traffic volume on Riverside Road is low at about 1,500 vehicle trips per day. King Ave East at the south end of Riverside Road has about 2,600 vehicle trips per day. State Avenue at the north end of Riverside Road handles about 7,500 vehicle trips per day. The County Road and Bridge shops are at the south end of Riverside Rd at the intersection of King Ave East. Riverside Road is a collector street. King Ave East and State Avenue are minor arterial streets. The posted speed limit on all three streets is 35 mph. The county provides annual maintenance of Riverside Rd and may chip seal the right of way from time to time. Connected local streets in the county are generally gravel roads, except for Stone St., Phillip St. and Millard St. just north of the county shops.
The current YVAS shelter on Monad Rd takes in over 5,000 animals per year, most of those through the three contracts they maintain with the City of Billings, Yellowstone County and the City of Laurel. Due to space constraints, stray cats outside the city limits are only taken in on a case by case basis. Many services are offered by the shelter, including training, education, spay and neuter clinics and a "Working Cats Program" that focuses on adopting cats to owners who can provide an outdoor lifestyle with shelter (barn, garage, outbuilding) for these at-risk felines. The 2023 Annual Report to the Community from YVAS is attached to this report. The current shelter hours open to the public are Monday, Tuesday, Thursday, and Friday from Noon to 7 pm, closed on Wednesday and half days on Saturday and Sunday from Noon to 5 pm. These hours may or may not change when the new facility is occupied. The YVAS hopes to begin construction in 2026 and be open in 2027.
The Planning staff has reviewed the application and drafted findings for the 10 review criteria for the zone change. The staff is recommending approval based on the draft findings. The request for a Public 2 zone is supported by the goals of the 2016 Growth Policy to expand and create partnerships that support necessary community services, that allow existing businesses to expand and grow. Actions that support community investments will attract and retain a strong, skilled, and diverse workforce. The future partnership with the new College of Veterinary Medicine is an example of a beneficial partnership that will support and grow new businesses in Billings and Yellowstone County. The proposed zoning on the subject parcel is compatible with the adjacent zoning and land uses. The industrial land use to the north is active only for a few months each year and the commercial uses on the west side of Riverside Road will not be affected by the new development other than temporary construction traffic when the new facility is built. The remaining area of Wilson Park will stay as city-owned open space and will provide a good separation and buffer for residential uses to the south. Riverside Road is currently a county right of way and the proposed annexation will include the portion of Riverside Road along the west side of Wilson Park.
Before the code update in 2021, the city only had one zoning district for parks, schools, churches, airports, landfills or public and institutional uses. This zone - Public - was expanded into three separate public zone districts to make the potential uses predictable for surrounding property owners. For example, now most churches and schools are in the Public 2 (P2) zoning district and campuses such as MSUB, and the hospital area are in Public 3 (P3 - Campus - Education, Medical, or Civic). Public zoned land can either be publicly owned or privately owned. Public 1 (P1) zoning is specifically for parks and open space areas. P1 zoning can have buildings and structures that are focused on the primary use of the park or open space area. For example, the Yellowstone Club golf course is zoned Public 1 and has a clubhouse and facilities for golfers and members of the club. The proposed P2 zoning for about one-third of the 15-acre site is in the northwest corner of the property. The remaining area will stay in the P1 zone district. The property is known as Wilson Park and was willed to the city in 1973. It was previously leased to the nearby Field of Dreams Garden Center and Nursery (3250 Hannon Road) for a tree farm where nursery stock could be grown-on for sale to customers. The 15-acre tree farm did become neglected over the years and eventually, City Parks and Recreation reclaimed the site from the garden center owners and removed all the trees and debris. In the mid-2010s, the City Public Works department did use this area as a place to store snow plowed off city streets. There is no park master plan for this site, although there are bikeways and trails planned around the site for the future.
The YVAS intends to partner with the city to build a new animal shelter on the subject parcel that will expand the capacity of the shelter, provide new and modern facilities, and assist the soon-to-be complete Rocky Vista College of Veterinary Medicine to provide an area for students to receive hands-on training outside a classroom. There will be expanded and secure outdoor space for the benefit of the shelter animals and potential adoptees of pets. Animal shelters are allowed uses within the proposed Public 2 zone district. The public zone district is required to match adjacent zone districts that are adjacent to, or within 150 feet of the exterior boundary of the parcel. The building will be setback from the street with an adjacent parking lot for customers. P1 and P2 uses are intended to be compatible. For example, many schools (P2) are adjacent to public parks (P1). P2 uses can have some impacts on adjacent residential or commercial uses. The landscaping code section does require buffer yards between P2 parcels in separate ownership and between P2 and P3 parcels. The landscaping code does not require a buffer yard between P1 and P2 zoned parcels. The property to the north is zoned Heavy Industrial (I2) and is the location of the waste piles for the sugar beet refinery. The buffer yard for this boundary is the B3 designation that includes sight-obscuring landscaping and fencing. The properties across Riverside Rd to the west are outside the city limits and zoned General Commercial (C3). Most are developed for small or medium-sized businesses. To the south of Hannon Rd (south boundary of the entire parcel), is a small neighborhood of single family homes in the county. This neighborhood east of Riverside Road is zoned Large Lot Suburban Neighborhood (N4) and has city water provided through county water lines. Many residences and businesses on Riverside Rd also have access to city water through county water lines.
Traffic volume on Riverside Road is low at about 1,500 vehicle trips per day. King Ave East at the south end of Riverside Road has about 2,600 vehicle trips per day. State Avenue at the north end of Riverside Road handles about 7,500 vehicle trips per day. The County Road and Bridge shops are at the south end of Riverside Rd at the intersection of King Ave East. Riverside Road is a collector street. King Ave East and State Avenue are minor arterial streets. The posted speed limit on all three streets is 35 mph. The county provides annual maintenance of Riverside Rd and may chip seal the right of way from time to time. Connected local streets in the county are generally gravel roads, except for Stone St., Phillip St. and Millard St. just north of the county shops.
The current YVAS shelter on Monad Rd takes in over 5,000 animals per year, most of those through the three contracts they maintain with the City of Billings, Yellowstone County and the City of Laurel. Due to space constraints, stray cats outside the city limits are only taken in on a case by case basis. Many services are offered by the shelter, including training, education, spay and neuter clinics and a "Working Cats Program" that focuses on adopting cats to owners who can provide an outdoor lifestyle with shelter (barn, garage, outbuilding) for these at-risk felines. The 2023 Annual Report to the Community from YVAS is attached to this report. The current shelter hours open to the public are Monday, Tuesday, Thursday, and Friday from Noon to 7 pm, closed on Wednesday and half days on Saturday and Sunday from Noon to 5 pm. These hours may or may not change when the new facility is occupied. The YVAS hopes to begin construction in 2026 and be open in 2027.
| APPLICATION DATA | |
| OWNER: City of Billings AGENT: Yellowstone Valley Animal Shelter and Performance Engineering |
|
| LEGAL DESCRIPTION: Unplatted parcel in Sec 10 NE1/4SE1/4, T1South, R26East | |
| ADDRESS: 441 Riverside Rd | |
| CURRENT ZONING: Public 1 (P1- Parks and Open Space) | |
| PROPOSED ZONING: Public 2 for 5.145 acres in Northwest corner (P2-Public, civic and institutions) | |
| EXISTING LAND USE: Vacant land - known as Wilson Park | |
| PROPOSED LAND USE: Same with Animal Shelter in the northwest corner | |
| SIZE OF PARCEL(S): 14.988 acres total with 5.145 acres zoned P2 and remainder zoned P1 | |
| SURROUNDING LAND USE & ZONING: | |
| NORTH: Heavy Industrial (I2) - Western Sugar Beet Refinery | |
| SOUTH: Public 1 (P1) and Large Lot Suburban Neighborhood (N4) - Wilson Park and single family dwellings in Eggebrecht Subdivision (County) | |
| EAST: Public 1 (P1) Wilson Park and Light Industrial (I1) - shops and warehouses | |
| WEST: General Commercial (C3 - County) - Shops, warehouses and single family dwellings | |
The Planning staff has reviewed the application and drafted findings for the 10 review criteria for the zone change. The staff is recommending approval based on the draft findings. The request for a Public 2 zone is supported by the goals of the 2016 Growth Policy to expand and create partnerships that support necessary community services, that allow existing businesses to expand and grow. Actions that support community investments will attract and retain a strong, skilled, and diverse workforce. The future partnership with the new College of Veterinary Medicine is an example of a beneficial partnership that will support and grow new businesses in Billings and Yellowstone County. The proposed zoning on the subject parcel is compatible with the adjacent zoning and land uses. The industrial land use to the north is active only for a few months each year and the commercial uses on the west side of Riverside Road will not be affected by the new development other than temporary construction traffic when the new facility is built. The remaining area of Wilson Park will stay as city-owned open space and will provide a good separation and buffer for residential uses to the south. Riverside Road is currently a county right of way and the proposed annexation will include the portion of Riverside Road along the west side of Wilson Park.
STAKEHOLDERS
The applicant's agent conducted a pre-application neighborhood meeting on December 18, 2024, at the Riverside Middle School on Washington Street to the northwest of the subject property. Ten surrounding owners signed in to the meeting. Attendees from Minnie Place, the neighborhood south of Hannon Road, expressed concern about water pressure in their homes if a new and bigger user connects to the main water line on Riverside Rd. Attendees stated their water comes through a county water line that has not been maintained and suspect the water pressure is kept low to prevent pipe breaks. Neighbors were also concerned about traffic increases and whether the city would require improvements to Riverside Rd and who would pay for those improvements.
The agent stated that since the right of way for Riverside is too far away from any city-level improvements, it is not likely the city will require improvements at the time of development. The agent stated there would be a waiver of any right to protest road improvements in the future. The agent stated the annexation and zone change will continue the expansion of city level services in the area and could lead to future road and service improvements. The agent stated the purpose of the zone change is not to allow any improvements except for the YVAS. The city does not intend to sell this 5.1-acre parcel to any other developer. The agent addressed concerns about the impact on groundwater from well pumping or runoff, and sanitary sewer waste. The agent stated the new facility will tie into both sanitary sewer lines and city water. The agent stated all storm water runoff would be captured and stay on the property. The city's storm water regulations require capture and treatment of the runoff. The agent responded to concerns about the potential spread of animal diseases such as Parvo and Brucellosis. The agent stated one of the reasons for this new facility is to have a quarantine area for animals that are sick to limit transmission to other animals does not happen. The new facility will do a better job of disease control than the current shelter. The agent responded to concerns from neighbors that may have "barn cats" that would be mistaken for stray animals and taken to the shelter. This would require the owners to pay fees to get the animals returned. The agent responded that the YVAS is diligent about the intake of animals that are suspected strays and will try to assure neighbor's animals are not taken in by mistake. The agent answered questions about potential odors from the facility and crematory. The agent stated the location would be to the far north of the property and all code requirements for filtering crematory exhaust would be followed. The agent responded to concerns about animal noise (dogs barking) spreading throughout the neighborhood. The agent stated YVAS is working with a sound engineer and designer to ensure that animal or facility noises do not disturb the surrounding property.
Planning staff posted the zoning request sign on the property and mailed the 1/4-mile notification list of the pending zone change. In addition, the application details were published on the Planning "current zoning applications" webpage and a legal ad was published in the newspaper of record. Planning staff has received no written comments on the application as of the date of this report.
The agent stated that since the right of way for Riverside is too far away from any city-level improvements, it is not likely the city will require improvements at the time of development. The agent stated there would be a waiver of any right to protest road improvements in the future. The agent stated the annexation and zone change will continue the expansion of city level services in the area and could lead to future road and service improvements. The agent stated the purpose of the zone change is not to allow any improvements except for the YVAS. The city does not intend to sell this 5.1-acre parcel to any other developer. The agent addressed concerns about the impact on groundwater from well pumping or runoff, and sanitary sewer waste. The agent stated the new facility will tie into both sanitary sewer lines and city water. The agent stated all storm water runoff would be captured and stay on the property. The city's storm water regulations require capture and treatment of the runoff. The agent responded to concerns about the potential spread of animal diseases such as Parvo and Brucellosis. The agent stated one of the reasons for this new facility is to have a quarantine area for animals that are sick to limit transmission to other animals does not happen. The new facility will do a better job of disease control than the current shelter. The agent responded to concerns from neighbors that may have "barn cats" that would be mistaken for stray animals and taken to the shelter. This would require the owners to pay fees to get the animals returned. The agent responded that the YVAS is diligent about the intake of animals that are suspected strays and will try to assure neighbor's animals are not taken in by mistake. The agent answered questions about potential odors from the facility and crematory. The agent stated the location would be to the far north of the property and all code requirements for filtering crematory exhaust would be followed. The agent responded to concerns about animal noise (dogs barking) spreading throughout the neighborhood. The agent stated YVAS is working with a sound engineer and designer to ensure that animal or facility noises do not disturb the surrounding property.
Planning staff posted the zoning request sign on the property and mailed the 1/4-mile notification list of the pending zone change. In addition, the application details were published on the Planning "current zoning applications" webpage and a legal ad was published in the newspaper of record. Planning staff has received no written comments on the application as of the date of this report.
ALTERNATIVES
The Zoning Commission may take one of the following actions:
- Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1061; or,
- Recommend denial and adopt different findings of the ten review criteria for Zone Change 1061; or,
- Delay action on the zone change request to a date certain not more than 60 days in the future; or,
- Allow the applicant to withdraw the zone change request.
FISCAL EFFECTS
Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.
SUMMARY
Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:
1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires setbacks, open and landscaped areas, and building separations. The Public 2 zoning considers the surrounding zoning for siting of buildings and building characteristics. The new zoning, as do all zoning districts, provides adequate building separations to provide security from fire and other dangers. Additionally, the annexation of the property provides for municipal water service and sewer service for the site. Any new construction on the site will follow applicable building codes, engineering standards for storm water control, connection to city services and parking lot construction. All zoning requirements will be followed.
3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety are promoted by the proposed zoning. New construction on the site will follow engineering code, building code, and zoning code requirements to ensure and promote public health, public safety and general welfare. Public health and public safety will be promoted by the proposed zone change. Additional shelter space will provide more public safety from stray animals, provide more opportunities for spay and neuter clinics, and help train residents in better care for domestic pets of all types.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The existing zoning and new development will increase traffic on the adjacent street network when the development is completed (2027). City Engineering will review any new development proposed to determine required traffic management. The county right of way will be annexed but city-level improvements are not close to this location. A waiver of the right to protest a future SID will likely be required. The proposed development will have two access points to Riverside Road. Interior site security will feature gates and fencing to allow authorized personnel access 24 hours a day while limiting public access to daytime hours. The final site configuration will be reviewed by City engineering, planning, building as well as public safety departments.
Water and Sewer: The City will provide water and sewer for the property. The utilities will be provided in accordance with the associated annexation agreement that is mutually agreed upon between the City of Billings and YVAS. This agreement is a strict condition of approval for annexations. Water will be extended to the property from the existing main in Riverside Road and sewer will be extended from the main in Kratz Lane on the north property boundary.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed development does not include residential uses. Therefore, additional students due to this zone change would not be anticipated. It should be acknowledged that with new jobs in the community, the school district may realize some increase in the student population. However, the zone change does not have a direct correlation to this potential increase.
Fire and Police: The subject property is served by city and county public safety services. The property is currently served by the Billings Fire Department through the BUFSA and, upon annexation, will continue to be served. The nearest fire station is Fire Station NO. 4 at the intersection of Terry Ave and 6th St West. The station is approximately 2.3 road-miles away. The Police and Fire Departments expressed no concerns about this zone change.
5. Will the new zoning provide adequate light and air?
Similar to criteria 2 and 3, the proposed zone, like all zones, requires setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant, therefore any new structure(s) will be required to meet the zoning standards required by Section 27-500 (Public zones), engineering standards and building code requirements.
6. Will the new zoning effect motorized and non-motorized transportation?
The new zoning itself will not impact motorized and non-motorized transportation. Once developed, there will be increased volume to the transportation network, both motorized and non-motorized. The Billings Area Bikeways and Trail Master Plan calls for a future multi-use trail along Riverside Road. This will not be developed with this project but will be part of a future project when the road is improved to city-level standards. The site is planned to have interconnected walking paths and trails.
7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing uses in the vicinity. The proposed new shelter facility will be more than 240 feet north of the county neighborhood on Minnie Place. This neighborhood was developed in the early 1960s with county water lines. Homes were built on the property starting in the 1960s and up through the 1980s. The neighborhoods to the south are also county residential areas with city water provided through county-maintained water lines. There is no access to city sewer in these neighborhoods.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning does consider the character of the district and the suitability of the property for the proposed use. The proposed zoning will allow a proposed animal shelter. The city does not intend to sell or lease the Public 2 zoned property to other entities. The proposed zoning and development is compatible with the adjacent zoning and existing development and uses in the vicinity.
9. Will the new zoning conserve the value of buildings?
The property is currently vacant, therefore the new zoning will not have an impact on the value of buildings on the parcel. Any new structures will need to be in compliance with zoning, engineering and building codes. New development tends to increase surrounding property values.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The prospective owner/lessor YVAS has chosen the Public 2 zone as the most appropriate zone and intends to develop the property in accordance with the requirements of the zoning. The use of the animal shelter on the property will be appropriate given its location on a collector street, separated from neighborhoods, and other sensitive land uses will encourage the most appropriate use throughout the City of Billings.
1. Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
- Essential Investments
Public health and safety and emergency service response are critical to the well-being of Billings’ residents, businesses, and visitors.
Providing a healthy and adequately sized shelter for stray animals, and the opportunity for adoption of domestic pets is essential to the well-being of Billings residents. The current facility is space constrained and cannot provide many animal services to the community. YVAS has a partnership agreement with Billings, Yellowstone County, and the City of Laurel. The City Council has offered a portion of this land - either for purchase or long-term lease - to allow YVAS to build a modern facility that will better serve the public safety needs of the city and county. The current location on Monad Rd is adjacent to similar land uses, including a public cemetery, Sysco Food Service warehouse, the MET bus facility, and neighborhoods to the north and east.
Infill development and development near existing city infrastructure may be the most cost-effective.
This location is adjacent to the existing city limits and has access to existing city water and sewer lines. The constraints of locating an animal shelter facility that is close enough to infrastructure, centrally located on a collector or arterial street but separated from sensitive land uses such as residential neighborhoods, health care facilities and similar uses is a challenge. The proposed development will follow the landscaping and screening requirements and is separated from the neighborhood to the south by more than 240 feet. The YVAS and Performance Engineering have engaged an acoustical specialist to review the site plan and facility to ensure sounds do not carry over into neighborhood dwellings.
Infrastructure and service investments that stabilize or improve property values, secure future utility costs, consider maintenance costs, and improve our environmental quality far into the future (i.e. energy efficient) are desirable.
Investment in extending the city infrastructure to this parcel will improve the city's ability to serve this area of the Southwest Corridor. The area has been completing and installing city services within the city limits using the Tax Increment Fund available for the area. This has helped existing neighborhoods to become healthier and safer. Incremental extension of city services is the most cost-effective. Annexation of the city land will ensure public use of the property is done according to city regulations.
Infill development and development near existing city infrastructure may be the most cost-effective.
This location is adjacent to the existing city limits and has access to existing city water and sewer lines. The constraints of locating an animal shelter facility that is close enough to infrastructure, centrally located on a collector or arterial street but separated from sensitive land uses such as residential neighborhoods, health care facilities and similar uses is a challenge. The proposed development will follow the landscaping and screening requirements and is separated from the neighborhood to the south by more than 240 feet. The YVAS and Performance Engineering have engaged an acoustical specialist to review the site plan and facility to ensure sounds do not carry over into neighborhood dwellings.
Infrastructure and service investments that stabilize or improve property values, secure future utility costs, consider maintenance costs, and improve our environmental quality far into the future (i.e. energy efficient) are desirable.
Investment in extending the city infrastructure to this parcel will improve the city's ability to serve this area of the Southwest Corridor. The area has been completing and installing city services within the city limits using the Tax Increment Fund available for the area. This has helped existing neighborhoods to become healthier and safer. Incremental extension of city services is the most cost-effective. Annexation of the city land will ensure public use of the property is done according to city regulations.
- Community fabric
Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors.
New development on the northwest corner of the property will help improve the street frontage landscaping and make this area south of the Western Sugar Beet Refinery retention ponds more visually appealing. The City engaged in a major clean out of the property when it was re-claimed from the Field of Dreams Greenhouse and Nursery. The area was used as a tree farm by this business but the maintenance and cleanliness of the tree farm had been neglected for a number of years. Using a combination of city parks personnel and volunteers, the tree farm was cleaned out. The City Parks and Recreation Department is fiscally constrained. The City only provides minimal maintenance for this park outside the city limits. It was gifted to the City in 1973 and named Wilson Park. The park has been declared surplus land more than once by the City Council. Developing part of this park for an animal shelter, annexing the land to the city limits will allow the parks department to better use resources to maintain the remainder of the property.
New development on the northwest corner of the property will help improve the street frontage landscaping and make this area south of the Western Sugar Beet Refinery retention ponds more visually appealing. The City engaged in a major clean out of the property when it was re-claimed from the Field of Dreams Greenhouse and Nursery. The area was used as a tree farm by this business but the maintenance and cleanliness of the tree farm had been neglected for a number of years. Using a combination of city parks personnel and volunteers, the tree farm was cleaned out. The City Parks and Recreation Department is fiscally constrained. The City only provides minimal maintenance for this park outside the city limits. It was gifted to the City in 1973 and named Wilson Park. The park has been declared surplus land more than once by the City Council. Developing part of this park for an animal shelter, annexing the land to the city limits will allow the parks department to better use resources to maintain the remainder of the property.
- Prosperity
Predictable, reasonable city taxes and assessments are important to Billings taxpayers.
A diversity of available jobs can ensure a strong Billings economy.
Successful businesses that provide local jobs benefit the community.
Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses.
Retaining and supporting existing businesses helps sustain a healthy economy.
Continued workforce training benefits the community and helps attract and retain businesses.
A diversity of available jobs can ensure a strong Billings economy.
Successful businesses that provide local jobs benefit the community.
Community investments that attract and retain a strong, skilled and diverse workforce also attracts businesses.
Retaining and supporting existing businesses helps sustain a healthy economy.
Continued workforce training benefits the community and helps attract and retain businesses.
The proposed new animal shelter will support all of these goals for community prosperity. The current shelter is limited in size and capacity to handle all the animals that need shelter care. The city will soon have the first-in-Montana veterinary college for training doctors of veterinary medicine and all the other veterinary careers including veterinary technicians and technologists. While YVAS is a not-for-profit organization, the ancillary benefits of their programs include attracting new and advanced animal care businesses, schools and investment in retail pet care programs. All of their work is vital to improving the prosperity of Billings and the surrounding county.
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires setbacks, open and landscaped areas, and building separations. The Public 2 zoning considers the surrounding zoning for siting of buildings and building characteristics. The new zoning, as do all zoning districts, provides adequate building separations to provide security from fire and other dangers. Additionally, the annexation of the property provides for municipal water service and sewer service for the site. Any new construction on the site will follow applicable building codes, engineering standards for storm water control, connection to city services and parking lot construction. All zoning requirements will be followed.
3. Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety are promoted by the proposed zoning. New construction on the site will follow engineering code, building code, and zoning code requirements to ensure and promote public health, public safety and general welfare. Public health and public safety will be promoted by the proposed zone change. Additional shelter space will provide more public safety from stray animals, provide more opportunities for spay and neuter clinics, and help train residents in better care for domestic pets of all types.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The existing zoning and new development will increase traffic on the adjacent street network when the development is completed (2027). City Engineering will review any new development proposed to determine required traffic management. The county right of way will be annexed but city-level improvements are not close to this location. A waiver of the right to protest a future SID will likely be required. The proposed development will have two access points to Riverside Road. Interior site security will feature gates and fencing to allow authorized personnel access 24 hours a day while limiting public access to daytime hours. The final site configuration will be reviewed by City engineering, planning, building as well as public safety departments.
Water and Sewer: The City will provide water and sewer for the property. The utilities will be provided in accordance with the associated annexation agreement that is mutually agreed upon between the City of Billings and YVAS. This agreement is a strict condition of approval for annexations. Water will be extended to the property from the existing main in Riverside Road and sewer will be extended from the main in Kratz Lane on the north property boundary.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The proposed development does not include residential uses. Therefore, additional students due to this zone change would not be anticipated. It should be acknowledged that with new jobs in the community, the school district may realize some increase in the student population. However, the zone change does not have a direct correlation to this potential increase.
Fire and Police: The subject property is served by city and county public safety services. The property is currently served by the Billings Fire Department through the BUFSA and, upon annexation, will continue to be served. The nearest fire station is Fire Station NO. 4 at the intersection of Terry Ave and 6th St West. The station is approximately 2.3 road-miles away. The Police and Fire Departments expressed no concerns about this zone change.
5. Will the new zoning provide adequate light and air?
Similar to criteria 2 and 3, the proposed zone, like all zones, requires setbacks to allow for adequate separation between structures and adequate light and air. This parcel is presently vacant, therefore any new structure(s) will be required to meet the zoning standards required by Section 27-500 (Public zones), engineering standards and building code requirements.
6. Will the new zoning effect motorized and non-motorized transportation?
The new zoning itself will not impact motorized and non-motorized transportation. Once developed, there will be increased volume to the transportation network, both motorized and non-motorized. The Billings Area Bikeways and Trail Master Plan calls for a future multi-use trail along Riverside Road. This will not be developed with this project but will be part of a future project when the road is improved to city-level standards. The site is planned to have interconnected walking paths and trails.
7. Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing uses in the vicinity. The proposed new shelter facility will be more than 240 feet north of the county neighborhood on Minnie Place. This neighborhood was developed in the early 1960s with county water lines. Homes were built on the property starting in the 1960s and up through the 1980s. The neighborhoods to the south are also county residential areas with city water provided through county-maintained water lines. There is no access to city sewer in these neighborhoods.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning does consider the character of the district and the suitability of the property for the proposed use. The proposed zoning will allow a proposed animal shelter. The city does not intend to sell or lease the Public 2 zoned property to other entities. The proposed zoning and development is compatible with the adjacent zoning and existing development and uses in the vicinity.
9. Will the new zoning conserve the value of buildings?
The property is currently vacant, therefore the new zoning will not have an impact on the value of buildings on the parcel. Any new structures will need to be in compliance with zoning, engineering and building codes. New development tends to increase surrounding property values.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The prospective owner/lessor YVAS has chosen the Public 2 zone as the most appropriate zone and intends to develop the property in accordance with the requirements of the zoning. The use of the animal shelter on the property will be appropriate given its location on a collector street, separated from neighborhoods, and other sensitive land uses will encourage the most appropriate use throughout the City of Billings.
Attachments
- Zoning Map and Site Photos ZC 1061
- Zoning History Chart ZC 1061
- Zoning Procedures
- YVAS Community Report
- Pre application info ZC 1061
- Application and Letter ZC 1061