This is a zone change request from Agriculture-Open Space (A-1), a county zoning district, to Public (P) on Lot 5A, Block 1, of Long Subdivision, a 69.65 acre parcel of land, generally located at 1190 Shiloh Road. The property is owned by the City of Billings and is under development as a storm water management facility. The City has submitted a concurrent annexation petition. A pre-application meeting is not necessary for zone changes accompanied by annexation petitions from government entities as per BMCC Section 27-1504. The City Zoning Commission conducted a public hearing on September 2, 2014, and is forwarding a recommendation of approval and adoption of the findings of the 10 criteria for Zone Change 923 on a 5-0 vote.

State law at Section 76-2-304, MCA, requires that all zone changes be reviewed in accordance with 10 criteria. Using the 10 criteria to determine the
appropriateness of the zone change request, the City Council may:
1. Approve the zone change request
2. Deny the zone change request
3. Allow withdrawal of the application
4. Delay action for up to thirty (30) days

Annexation, the new zoning, and development as a storm water facility and public open space on the property will increase the surrounding property value and tax base. The property is exempt from property taxes and city fees.

The City of Billings is developing a storm water management facility on 69.6 acres of land south of the Montana Sapphire Subdivision and west of Shiloh Road. The Shiloh Conservation Area will store and treat storm water from many West Billings' subdivisions and neighborhoods before it is discharged to Hogan’s Slough and eventually the Yellowstone River. The City intends to annex this property to the city and apply the Public zoning district to the property. The Public zone allows many uses by government entities as well as recreation and public works utilities such as storm water management. The Shiloh Conservation Area was designed for passive recreation and storm water management. A trail system is being installed so residents may enjoy the permanent ponds and wetland areas established on the property. The Engineering Division describes the project as follows: “The Shiloh Conservation Area is a project that will transform a City-owned parcel of land at the confluence of the Shiloh Drain and Hogan's Slough into a facility that will balance the objectives of water quality improvements, flood control, and recreational benefits to the community. The project consists of developing a series of sedimentation detention ponds, constructed wetlands cells, and open water features. These features will function to trap sediment, remove unwanted nutrients from the water column and provide secondary flood detention from West End storm water runoff.  In addition, a trail network will be constructed with educational signs so the public can learn about and enjoy the benefits of storm water runoff management. Construction began in January and is anticipated to be completed by late-fall of this year.”
 
The Public zoning district is intended to reserve land exclusively for public or semi-public uses in order to preserve and provide adequate land for a variety of community facilities which serve the public health, safety and general welfare. The 69+ acre parcel of land at this location was identified as the most appropriate geographic location for a storm water control and management facility. The lots to the west are zoned RMF-R, R-70 and Public, and are currently developing for a new multi-family residential neighborhood. While an active recreation site is planned for this neighborhood, the addition of this facility will add recreational opportunity for these residents. The property to the north is zoned HC and ELI in the Montana Sapphire Subdivision. This subdivision is developing for a mixture of residential, retail and commercial uses. The storm water management property will be compatible with the existing and proposed uses in this subdivision. Property to the east is zoned Controlled Industrial and is developing as the primary retail center for this area. There are several anchor retail stores in the development including Kohl’s and Scheels, and a 14-screen movie theater as well as smaller retailers and businesses. First Interstate Bank recently finished construction of a new building in the Shiloh Crossing Subdivision. Property to the south is zoned A-1 and is not within the city limits. This property is developed for the County’s Junk Vehicle facility and the former Knife River gravel mine and asphalt batching plant. The Knife River facility is being de-commissioned and reclaimed. Development plans for the property include annexation and re-zoning in the city limits for a mixture of uses.
 
Shiloh Road and King Avenue West are both principal arterial streets in close proximity to the subject property. The storm water facility is not likely to generate additional traffic for these nearby streets. Shiloh Road carries approximately 8,000 vehicles per day on this section of the road. This is a 10% increase over the past 3 years of traffic data. King Avenue West carries approximately 8,600 vehicles per day just east of the intersection with Shiloh Road.
 
The Public zone does not have a maximum building height but does require setback minimums and lot coverage maximums. The setbacks and lot coverage requirements are compatible with the adjacent uses and the storm water management facility will be compatible with these uses as well.
 
The West Billings Neighborhood Plan identified potential flooding and preservation of open space as a high priority: “The City of Billings and Yellowstone County suffered a devastating flood in June of 1937 after an intense rain and hailstorm over the already saturated drainage areas west and northwest of Billings. Substantial overland flows developed along Canyon Creek, Hogan’s Slough, Little Cove Creek, and Cove Creek. Railway bridges became partially clogged with flood debris west of town and floodwaters flowed eastward, along the tracks, into the city. In addition, floodwaters entered the Billings Bench Water Association (BBWA) canal, west of town. Subsequently, the south bank of the BBWA canal broke above Pioneer Park and water flowed into the city’s main business district. Six hundred businesses and 2,664 dwellings sustained losses of approximately $3 million in 1937. Source: U.S. Army Corps of Engineers, Omaha, Nebraska, March 1970, Report on Restudy of Yellowstone River and Tributaries, Billings, Montana, Flood Control Project.” The plan suggested the development of a single large storm water detention facility for Billings West End would help alleviate similar flooding events in the future. The West Billings Plan also recommended any flood control or storm water management be developed in concert with park and open space preservation efforts. This facility incorporates all of these plan goals and the proposed Public zoning helps achieve and maintain those goals.
 
The Planning Division reviewed this application and recommended approval based on the ten (10) criteria for zone changes. The Zoning Commission concurred with this recommendation. The subject property is under development for a storm water management facility that will benefit all of the existing West Billings neighborhoods. This will provide a needed service to the surrounding residents and businesses. The proposed zoning is compatible with the surrounding uses and planned developments. The proposed zoning and use will not add traffic to the existing street network. It meets the goals of the West Billings Neighborhood Plan and the 2008 Growth Policy. The 2008 Growth Policy and the West Billings Neighborhood Plan encourage predictable land use decisions that are consistent with neighborhood character and land use patterns. The existing use and proposed zoning are consistent with this neighborhood and land use pattern.

The Zoning Commission conducted a public hearing on September 2, 2014, and received the staff recommendation and testimony from the agent, Tyler Westrope, Staff Engineer for the City. No other testimony was received.

Mr. Westrope stated the project is the first piece in a larger storm water management plan for West Billings. He reviewed the details of the project with the Zoning Commission. He stated the contractor should be complete some time later this year. He stated there will be two major ponds on the property and several wetland cells to help clean up the water that is collected from Hogan's Slough and the Shiloh Drain. He stated the facility is designed to handled storm water runoff from a 10 year storm event. In response to a question from the Commission, he stated there is a developed parking area on the southeast corner of the project with enough space for 30 cars. He stated if it becomes a popular destination, the city might expand the parking area. He stated it is difficult to develop a storm water management plan for a 35 square mile drainage basin based on past growth patterns. He stated the Planning Division completed a West End Flood Study, with grant dollars, several years ago and this has helped the Engineering Division focus the plan for the near term. Mr. Westrope stated the longer term - 30 to 50 year horizon - will need further study and planning for storm water control. He stated current water quality entering the facility is loaded with sediment and agriculture runoff that carries high nitrogen and phosphorous levels. He stated the wetland cells should help ameliorate this pollutant load.

The public hearing was closed. Dan Wagner made a motion to recommend approval and adoption of the findings of the 10 criteria for Zone Change 923. The motion was seconded by Barbara Hawkins. Ms. Hawkins commented the project would be a nice addition to the city facilities in the area. Chairman Leonard Dailey, Jr. stated the area will be more popular than predicted by the Engineering Division. Mr. Dailey stated this project is ahead of the curve compared to other cities in the region. He stated the project will not only reduce water damage to homes and businesses in the area but will help increase water quality in the Yellowstone River. The Commission voted 5-0 in favor of the motion.

Prior to any decision on the zone change by the City Council, it shall consider the findings of the following 10 criteria:

 1.   Is the new zoning designed in accordance with the Growth Policy?
 The proposed zone change is consistent with the following goals of the Growth Policy:

• Predictable land use decisions that are consistent with neighborhood character and land use patterns. (Land Use Element Goal, page 6) 

The proposed zoning would permit more land uses than currently allowed by the A-1 zoning and this is consistent with the neighborhood character and the planned development of areas along Shiloh Road. The proposed zoning is compatible with the existing uses on Shiloh Road and King Avenue West.  

•  Utilize the development of a linear open space network as a component of achieving an acceptable level of flood control. (Open Space Goal , page 47) 

The property is under development for a conservation area and flood control facility. The proposed zoning will assist the city to preserve and maintain this public infrastructure and recreation area.
 
2.   Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum setbacks, open and landscaped areas and building separations. The new zoning, as do all zoning districts, provides adequate building separations and density limits to provide security from fire and other dangers. The City Fire Department will ensure safe access to the site and provision for minimum fire flow to structures if necessary.
 
3.   Whether the new zoning will promote public health, public safety and general welfare?
Public health and public safety will be promoted by the proposed zoning. Development of the storm water facility will protect the public health, safety and general welfare.  
 
4.   Will the new zoning will facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement? Water and Sewer: The City will not need water or sewer facilities for this project.   

Schools and Parks: There should not be any impact to schools from the proposed zone change. The facility will have a walking trail around the permanent pond and will enhance the recreational opportunities in the area.

Fire and Police: The subject property is currently served by the city Public Safety Services.
 
5.   Will the new zoning provide adequate light and air?
The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air.
 
6.   Will the new zoning effect motorized and non-motorized transportation?
Traffic generation from this facility is not anticipated at this time. The facility will provide an off-street walking trail that will benefit non-motorized transportation opportunities.   
 
7.   Will the new zoning will promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will provide an area to locate services essential city and public services.   
 
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 public uses.  
 
9.   Will the new zoning conserve the value of buildings?
The lot is currently under development for a flood control and storm water management facility. The value of adjacent property will be enhance and conserved.  
 
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will permit a greater variety of uses on the property and is the most appropriate use of the property.