Billings Flying Service wins zoning change from county commissioners

Originally published in the Yellowstone County News print edition of 4/1/16.

BILLINGS — In a split vote, Yellowstone County Commissioners have approved a highly controversial zone change request – one that will allow a 50-year old family-owned helicopter business in Yellowstone County to continue to grow next to the Billings Airport.

The decision came after almost 40 citizens testified during a two and a half hour public hearing in a standing-room-only commissioners’ board room.

Billings Flying Service, owned by Al and Gary Blain, has been operating at 6309 Jellison Road, south of Billings, along the Yellowstone River since the company was started by the Blains’ father, Gerhardt. The acquisition over the past few years of seven Chinook helicopters has launched the business into a new realm of fast paced-growth, one that has brought them international recognition and an opportunity to add considerably to the diversity of the local economy.

In seeking more space, the most logical place to locate, say the Blains, is near the Logan International Airport, more specifically on acreage west of the airport along Highway 3.

But residents of a high-end residential area – Sky Ranch Subdivision – disagreed, as did residents of other areas above and below the Rims that parallel the airport and Highway 3. Those testifying voiced concerns about potential noise from the helicopters, but most of all they opposed the change to “controlled industrial” because of what it might mean to the future of the area. There is no commercial or industrial uses allowed along Highway 3 under current zoning, and they did not want that to change for fear of marring what is otherwise a “pleasant and welcoming entryway” to Billings, one with “with breathtaking views.”

The Blains want to expand on 58 acres of property owned by Bruce Crippen, Frederick, Cameron and Lynn Longan and Richard and Ellen Rozehnal, located west of the airport along Highway 3. To do so required changing the zoning of the parcels from Agriculture-Open to “Controlled Industrial” and “Public.” The vote had to address all of the proposed changes or none.

The request was to change 18 acres to “public” zoning, which is the only zoning category that allows for a heliport, and to change another 20 acres to Controlled Industrial, while leaving 20 acres along Highway 3 in Ag-open to serve as a buffer to the proposed development.

Besides building a shop and office building for Billings Flying Service, which the Blains said would be a “first class” development, they anticipate the need for locations for ancillary businesses that serve their business sector.

A broad range of businesses could locate in the “controlled industrial” and what could happen in “10, 20, 30 years” is the uncertainty that most concerned the residential neighbors who testified, said Commissioner Bill Kennedy, in making the lone vote in opposition to the zone change request. Kennedy said he would have preferred to have seen the business and property owners bring forth a “planned unit development,” which would have been more restrictive and given the residents living across the highway a greater degree of certainty.

Commissioners Jim Reno and John Ostlund, each went through, step-by-step, the 11 criteria which, under the law, are the only points a zone change decision should be made. Since the request before them met all those 11 criteria, said the two commissioners, they would support it.

At the opening of the hearing, John Ostlund read a statement from Deputy County Attorney Dan Schwarz, which Ostlund said was prepared at his request concerning any potential conflict of interest, should he participate in making a decision. Schwarz said that Ostlund’s proclaimed long-term friendship with the Blains and his joint ownership in an airplane with them did not constitute a conflict of interest, so long as Ostlund followed the law and maintained an open mind about the issue.

The commissioners’ decision came after a recommendation of approval came from the Zoning Commission in a 5-0 vote. However, the City-County Planning staff recommended denial, saying the proposal did not comply with zoning regulations and the Growth Policy.

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