Planning staff recommends approval of Zone Change 1051 and adoption of the findings of the 10 review criteria.

The property owner, Cal Paulson, and the agent, Zach Schopp, intend to develop the site with commercial shop spaces on the first floor and residential units above the shops. It is likely the structures will be attached side-by-side to achieve the urban form intended for the EBURD districts. There are no specific intended uses for the new structures other than shop space with residential apartments above those spaces. 

APPLICATION DATA
OWNER: Cal Paulson
AGENT: Zach Schopp
LEGAL DESCRIPTION: Lots 6-12, Block 77, Billings Original Town
ADDRESS: 122 N 12th St
CURRENT ZONING: EBURD-Industrial Sanctuary (EBURD-IS)
PROPOSED ZONING: EBURD-13 Main Street
EXISTING LAND USE: Vacant
PROPOSED USE: Side-by-side live/work buildings
SIZE OF PARCEL: 24,500 square feet (.562 acres)

SURROUNDING LAND USE & ZONING
NORTH: Zoning: EBURD-IS Land Use: Western Ranch Supply storage lot
SOUTH: Zoning: EBURD-IS Land Use: Adult Store
EAST: Zoning: EBURD-IS Land Use: Wild Willy's Casino
WEST: Zoning: EBURD-13 Main Street Land Use: Shafer's Wild Game Processing, Home Grown retail 


The city adopted the East Billings Urban Renewal Master Plan in 2009 with the idea of updating and revising the existing zoning to support revitalization of this 400+ acre area east of downtown. The prior zoning for all property within EBURD was either Controlled Industrial or Heavy Industrial. The zone district boundaries were set based on how the master plan envisioned the redevelopment patterns. These included areas for residential, mixed uses, artisan and maker spaces, as well as the more industrial oriented uses on the far eastern end of the district. The Central Works district covers much of the center of the EBURD, while the mixed use and residential areas are geographically closer to downtown. The industrial focus has been along the eastern edges and part of the railroad interface along Montana Avenue.

The previous use on the property, Billings Bronze, produced sculpture and bronze pieces for decades before it burned down in February 2018 due to an electrical problem. The foundry produced bronze sculptures for artists that are featured in Billings, in Montana, throughout the United States and world-wide. The loss of the foundry had a significant impact on the local artist community and the EBURD development district. The property is south and west of the current location of Red Oxx manufacturing and sits just 1/2 block north of 1st Ave North, a major transportation corridor into and out of downtown Billings. Re-development of the property would help the east end of the EBURD district increase the vitality of the district and improve public safety in the area.

The Planning staff has reviewed the request and is recommending approval based on our proposed findings of the 10 review criteria. The proposed zoning fits in with the existing master plan and zoning plan for the EBURD. More industrial type uses are for the Industrial Sanctuary zone districts. The proposed zone of EBURD 13 Main Street will allow compatible development to the adjacent EBURD-IS zones and will complement the existing EBURD-13 Main Street district to the west. Adding a residential population to this area will help with "eyes on the street" natural surveillance and increase public safety as well as the livelihood of the area. The adjacent uses and zones are compatible with the proposed zoning. No objections were received from the adjacent owners.

The applicant conducted the pre-application neighborhood meeting on April 24 at the subject property. No surrounding owners attended the meeting. The Planning staff published the legal advertisement, posted the property with a Zoning Request sign, mailed notice of the hearing to the property owners within 300 feet and published the application on the Current Zoning Application web page. Planning staff received no comments or inquiries concerning the zone change. 
 

The City Zoning Commission may:

• Recommend approval of the Zone Change and adopt the proposed findings of the 10 review criteria; or,
• Recommend denial of the Zone Change and adopt different findings of the 10 review criteria; 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 application.

BMCC Section 27-1628.E, guides the Zoning Commission's actions in the zone change decision process. This section is attached to the report.
The Zoning Commission is required to make a recommendation to the City Council on this application for zone change. The application will not proceed to the City Council without a recommendation. The applicant has not requested a delay or withdrawal of the application.

Approval or denial of the zone change should have no effect on the Planning Division budget.

Before making a recommendation to the City Council, the City Zoning Commission will consider the findings of the following:

1. Is the new zoning designed in accordance with the Growth Policy?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:
Essential Investments:

• Infill development and development near existing city infrastructure may be the most cost effective.

Community Fabric:

• Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors

Strong Neighborhoods:

• Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
• Zoning and subdivision regulations that utilize Crime Prevention Through Environmental Design (CPTED) strategies result in safer neighborhoods
• Implementation of the Infill Policy is important to encourage development of underutilized properties

Prosperity:

• 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

The property is an underutilized site with access to full city services. Entrepreneurship in Billings has always been a foundation of the local economy. Providing a live/work housing option will support these local small business owners as well as providing an affordable housing choice in an area in need of people. The proposed residential use will support the principles of CPTED and will help deter crime in the area.

2.  Is the new zoning designed to secure from fire and other dangers?
The new zoning is a form-based code that requires site development standards and regulates uses to a lesser degree. The implementation of the form-based code along with building and fire codes during re-development will provide security from fire and other dangers.

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. The property has the potential to allow new mixed-use structures to be built to current building and safety codes. A full re-development of the property will benefit the general welfare by adding to the tax increment value of the EBURD. Vacant lots tend to attract vandals and transients. Development of this lot will help make this area of the EBURD safer.

4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning will not have any effect on the existing transportation system. The surrounding street system consists of arterial and local streets. Development of the property may require some changes in the infrastructure, but most of the right-of-way has been updated.
Water and Sewer: The City will provide water and sewer for the property. There will be no additional impacts on the system from the proposed zoning.   
Schools and Parks: Schools and parks should not be affected by the proposed zoning. 
Fire and Police: The subject property is served by city public safety services. The Police and Fire Departments had no concerns about the zone change.

5. Will the new zoning provide adequate light and air?
The proposed zoning provides for sufficient building separations to allow for adequate light and air.

6. Will the new zoning effect motorized and non-motorized transportation?
The new zoning will have no effect on the transportation system. Traffic generation will not affect the local street network and surrounding intersections are traffic controlled.

7. Will the new zoning promote compatible urban growth?
The new zoning does promote compatibility with urban growth. The proposed zoning will allow this parcel to develop for residential and commercial uses that are compatible with the urban growth pattern.

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 is identical to the zoning to the north and west of the subject property and is an appropriate zone with the adjacent businesses and arterial streets.

9. Will the new zoning conserve the value of buildings?
There are no buildings on the property.

10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will encourage an appropriate industrial use and building form on this property.