This is a special review request to allow the expansion of the Best Friend’s Animal Hospital at 1530 Popelka Drive in a Community Commercial (CC) zone. The property is legally described as Lot 3, Block 1, Popelka Heights View Subdivision near the intersection of Bench Boulevard and Wicks Lane in the Billings Heights. The proposed 7,754 square foot expansion requires a special review for the animal boarding provided by the animal hospital. The owner is Smith-Gocke Properties, LLC and the agent is Lauren Waterton of Sanderson Stewart. The Zoning Commission conducted a public hearing on September 2, 2014, and is forwarding a recommendation of conditional approval and adoption of the findings of the 3 criteria on a 5-0 vote.

Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria: 1) The application complies with all parts of the Unified Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Unified Zoning Regulations and the 2008 Growth Policy, and 3) the application is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts. This application conforms to the first criteria in so far that it is within the CC district where veterinary hospitals with boarding may be allowed by special review. It also appears the proposal meets all of the zoning requirements within the CC zone for building setbacks, lot coverage, height and landscaping.

The application also conforms to the second and third criteria. The zoning regulations adopted by the City Council have designated several zoning districts where veterinary hospitals may be allowed and where boarding services may be allowed by special review approval. The CC zone is one of those districts. The adjacent property to the north and west is not residential and has similar customer and employee traffic. The property to the east across Bench Boulevard is residential but is separated by the arterial street, a 6-foot fence along the back yards of the residences, and 200 feet separates the residential patios from the animal hospital. The property to the south is primarily vacant but is zoned residential and may develop in the future for multi-family dwellings. The proposed expansion may have an impact on these adjacent future uses. The Zoning Commission has recommended conditions to mitigate these potential impacts.

The proposal is consistent with goals of the 2008 Growth Policy, specifically the goal of encouraging uses that are compatible with the character of the adjacent land use patterns.  This site is bordered by commercial uses and potential residential uses to the south. The CC zone district is intended to accommodate larger service businesses that serve a community-wide need. This includes community retail, service and office facilities offering a greater variety than would normally be found in a neighborhood or convenience retail development. There are potential direct impacts from the proposed expansion that need to be mitigated by conditions of approval. The conditions recommended below are recommended to address these potential impacts.   
 
RECOMMENDATION
The Zoning Commission recommends conditional approval.

1. The special review approval shall be limited to Lot 3, Block 1 Popelka Heights View Subdivision generally located at 1530 Popelka Drive.  
2. The proposed 7,754 square foot addition shall be constructed in substantial conformance with the submitted site plan of September 2, 2014, including the new parking area, landscaping and fencing as shown. Increases in the total area that exceeds 10% of the area shown on the site plan ,or 1,248 square feet, will require additional special review approval. Increases in the number of parking stalls greater than 10% of the total number of stalls will require additional special review approval.
3. No boarding of animals shall be allowed outside the main building.
4. Any building used for animal boarding shall be constructed of permanent building materials that have been approved via a City building permit.
5. Use hours for any outdoor exercise area shall be limited to 8:00 a.m. to 6:00 p.m.
6. The exterior fencing of the exercise area shall consist of a six-(6) foot high sight-obscuring solid wood or vinyl fencing material. A fence permit shall be submitted to the Planning Division prior to the construction of such fence.
7. All new outdoor lighting, with the exception of signage, shall have full cutoff shields so no part of the fixture or lens projects below the cutoff shield. Light pole standards must be 20 feet in height or less.
8. All new mechanical equipment, including but not limited to air conditioning units, air handling units, back-up power generators, installed at ground level or on a roof must be fully screened from view. The screening shall be at least the height of the mechanical equipment. Mechanical equipment that generates or is expected to generate noise in excess of 55 decibels (DbA) within three (3) feet of the equipment location must provide sound abatement or suppression which may require the equipment to be enclosed in a structure.
9. No signs may be placed on the south elevation of the building wall that parallels the residential zone to the south.
10. These conditions of special review approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns. 
11. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings, regulations and ordinances that apply.

 **NOTE**     Approval of this Special Review does not constitute approval of a building permit, sign permit or fence permit. Compliance with all applicable local codes will be reviewed at the building permit or zoning compliance permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The use and development of the property must be in accordance with the submitted site plan.

Approval of the request special review will result in an increased taxable value for the property. City fees will be paid for the building permit review.

This is a special review request to expand an existing veterinary hospital with boarding services at 1530 Popelka Drive in the Billings Heights. The property received a previous special review approval in 2002. The proposed addition of 7,754 square feet is more than the 10% additional area allowed under the original approval. The original approval included conditions related to the enclosure of boarding areas and fencing for the outdoor exercise area.  The lot is legally described as a Lot 3, Block 1, Popelka Heights View Subdivision and is 1.32 acres is area. The existing building is 4,722 square feet with additional fenced outdoor exercise area of about 3,500 square feet. The proposed addition will reduce and re-locate the outdoor exercise area and add 32 parking spaces along the Bench Boulevard frontage. Surrounding development is a mixture of commercial and residential uses. The property to the south is zoned residential and has been approved for multi-family development. The property remains vacant at this time.  The applicant states there is a growing demand in the Heights for veterinary services and boarding. The applicant wants to expand at the current location rather than moving to a new site.
 
The city has approved veterinary services with boarding in other locations including at 10^th Street West and Grand Avenue. The special review approval is required whenever animal boarding services are offered. If boarding is not offered, a veterinary hospital is an allowed use. The special review ensures the adjoining property and uses are protected from any potential impacts from outdoor exercise areas, kennels and similar issues.
 
The property has frontage on Bench Boulevard just south of the intersection of Wicks Lane. Both Wicks Lane and Bench Boulevard are principal arterial streets. Development in this area has been significant since 2002 when the animal hospital was first constructed. Wal-Mart north the intersection of Bench Boulevard was constructed in 2001 and the US Post Office was established at about the same time. Since 2002, the agricultural field on the east side of Bench was developed into a residential neighborhood, Billings Clinic added a medical office north of the animal hospital and Billings Heights Water District office is directly west. Volunteers of America built supportive multi-family apartments just south and west of this location. Bench Boulevard will be re-constructed during the next few years and traffic volumes are expected to increase after the road is improved. The 2013 traffic count data indicates an average daily traffic count of approximately 14,740 vehicles per day on this section of Wicks Lane and 4,500 vehicle trips per day on Bench Boulevard. The average daily traffic is the mean number of vehicle trips per day based on a 3 year rolling average. The vehicle trips per day count on Wicks Lane for 2013 was 16,630.

The Planning Division recommended conditional approval and the Zoning Commission concurred.

The Zoning Commission conducted a public hearing on September 2, 2014, and received the staff recommendation and testimony from the applicant and agents. No other testimony was received. Lauren Waterton of Sanderson Stewart, agent for the applicant, testified that the new site plan was the result of a meeting between the owner and the adjacent neighbor, Mr. Cameron at 1446 Bench Boulevard. She stated the building design was altered to provide vestibules to diminish the noise from barking dogs when dogs were brought outside to the exercise yards. In addition, she stated the neighbor was concerned about the pedestrian access across the south property line where a utility easement exists. She stated there are young people who use this area to hang out after dark. Ms. Waterton stated the fencing has been re-arranged to allow a removable fence panel to be placed at the east end of the utility easement at Bench Boulevard to discourage after hours use of the easement. She stated the owner is agreeable to all the recommended conditions of approval.

Dr. DJ Smith, applicant and owner of Best Friends Animal Hospital, testified in favor of the application. He stated he had a good meeting with the neighbor and believes the building re-design, re-arrangement of the exercise yards, and placing the removable fence at Bench Boulevard will result in a better project for the hospital and the neighbors. He stated the expansion is the result of increased demand for their services by pet owners. In response to questions from the Commission, Dr. Smith stated the boarding capacity will double from its current level, the barking noise should be abated by the vestibule design and the fencing material has not been chosen yet. Dr. Smith stated it would probably be wood or vinyl.

Dan Wells, builder for the applicant, stated the existing facility is well maintained and the addition should fit in well with the existing building. He stated the expansion is the result of good business practices by the owners. He stated the construction should take about 12 months. In a response to a question from the Commission, he stated the facility is staff 24 hours a day.

The public hearing was closed. Commission member Dennis Ulvestad made a motion to recommend conditional approval and adoption of the findings of the 3 criteria. The motion was seconded by Commission member Dan Wagner. Commission member Mike Boyett commented the operation is very clean and it appears the proposed expansion is compatible in this location. Commission Chairman Leonard Dailey, Jr. commended the applicant for going above and beyond to work with the neighbors to address their concerns. Mr. Ulvestad stated he concurred with the previous comments and thought the business was well maintained and the addition would complement the existing area. The Commission voted 5-0 in favor of the motion.

The Consistency with Adopted Policies and Plans is discussed in the Alternatives Analyzed section above.