Variance 1226 – 123 S 27^th St – RiversStone Health – Land Use Contrary to Zoning – A request to conduct a hearing to receive public comment on a proposed expansion of the RiverStone Health Clinic on Lots 1-8, Block 163, Billings Original Town and the south ½ of the vacated 2^nd Ave South, in the South 27^th Street Corridor zone. The proposed expansion will not meet the setback requirements, buffer yard requirements, and some of the landscaping requirements in the S 27^th Street Corridor zone. The City Board of Adjustment has no power to approve, deny, or attached conditions to the proposed use. State law (MCA 76-2-402) requires a forum before the Board of Adjustment to receive public comment. Presented by Nicole Cromwell, Zoning Coordinator
 

Staff recommends the Board of Adjustment hold the public hearing and receive public comment.

OWNER: Yellowstone Health Partnership, Shelli Ritz
AGENT: CTA, Dayton Rush
LEGAL DESCRIPTION: Block 163, Lots 1-18, Billings Original Town, and a portion of the vacated 2nd Avenue South
ADDRESS: 123 South 27th Street
CURRENT ZONING: South 27th Street Corridor
EXISTING LAND USE: Parking Lot
PROPOSED USE: Expansion of RiverStone Health Clinic and new parking lots
SIZE OF PARCEL: 4.3 acres

None.

Subject Property
The subject property, Block 163, Lots 1-18, Billings Original Town was changed from RMF-R to the South 27th St Corridor zoning in November, 1983. The northern half of the RiverStone Health Campus, Block 141 and 142, was placed in the Central Business District (CBD) zone in February, 1982.

Surrounding Property
Land Use Contrary to Zoning public hearings have been conducted in the area of the subject property for the Montana Women's Prison in 2011 to allow a taller fence and expansion of the outdoor facilities to the east of the building.

NORTH:	Zoning: CBD Land Use: Existing RiverStone Health Clinic
SOUTH:	Zoning: S 27th Street Corridor Land Use: Residential and commercial uses
EAST:	Zoning: S 27th Street Corridor Land Use: Single family and multi-family dwellings
WEST:	Zoning: S 27th Street Corridor Land Use: Meadow Gold Dairy, Northern Plains Resource Council & multi-family dwelling

Yellowstone Health Partnership intends to expand the RiverStone Health Clinic to the south of the existing building along the existing building setback. The proposed expansion will be in the South 27th St Corridor zone. This zone has requirements for setbacks, landscaping and bufferyards not currently required for the existing clinic and parking areas north of the vacated portion of 2nd Avenue South that lie in the CBD zone. The building will be setback 8 feet from the property line along S 27th Street to match the existing building. The S 27th St Corridor zone requires a minimum building setback of 20 feet from the front property line. In addition, arterial setbacks requirements apply in the S 27th St Corridor zone and this also requires a minimum 20-foot front setback from S 27th Street.

This is a request to use public land for public purposes contrary to zoning. State statute allows public agencies to use land contrary to zoning after a public hearing is held by the local Board of Adjustment. As illustrated in MCA 76-2-402(2), the Board shall have no power to deny the proposed use but shall act only to allow a public hearing for comment on the proposed use.

The submitted site plan shows the proposed building and new parking areas along with the proposed landscaping. The development will be similar to the existing building and landscaped grounds.The applicant has made an effort to conform to the intent of the S 27th St Corridor zoning requirements.
 

Staff recommends the Board of Adjustment hold the public hearing and allow public comment.