Planning staff is recommending approval and adoption of the findings of the 10 review criteria for Zone Change 1068.

The applicant has requested the Zoning Commission consider allowing the withdrawal of this application.

 

City Zone Change 1068 is a zone change request from Neighborhood Mixed Use (NMU) to Corridor Mixed Use 1 (CMU1), on COS 456, Parcels A, D, & E located in S31, T1N, R26E known as 1503 13th St. W, a 27,936 sf. parcel of land.  The purpose of the zone change request is to allow retail sales within a proposed pawn shop. The proposed zoning would allow an existing underutilized property to be developed for a wider variety of uses than allowed under the current zoning of Neighborhood Mixed Use (NMU). The Corridor Mixed Use zones (CMU1 and CMU2) are districts appropriate for a transportation corridor where access to the site accommodates both vehicle trips and pedestrian access. The CMU1 district, proposed for this site, is intended to be closer to neighborhood zones, including adjacent or across an alley from residences. The uses allowed in the CMU1 zone include all uses allowed in the NMU zone, but adds uses such as retail sales, long-term care facilities, higher education facilities, a casino or bar that meets separation requirements and receives special review approval, veterinary clinics with overnight boarding, craft alcohol with restaurants, drive-thru food service without special review (see caveat below), a hotel without special review, a car wash with special review, and gas stations with use restrictions.

Planning staff is recommending approval based on the proposed findings of the 10 review criteria. 

APPLICATION DATA
OWNERS: James and Lavaun Black
AGENT: Austin Chesser
PURPOSE: To allow retail sales
LEGAL DESCRIPTION: COS. 456, Parcels A, D, & E 
ADDRESS: 1503 13th St. W
EXISTING LAND USE:  Office-Personal service (Tattoo & Permanent jewelry)
PROPOSED LAND USE: Commercial retail
EXISTING ZONING: NMU
SIZE OF PARCEL: 27,936 sf

SURROUNDING ZONING & LAND USE
NORTH:  Neighborhood Mixed Use (NMU) & Mixed Residential 2 (NX2)
Land Use: Low-rise office, multi-tenant & multi-family apartments
SOUTH: NMU & Corridor Mixed-Use 1 (CMU1)
Land Use: Low Rise Office (Rainbow Property Management) & Bar casino, (Jackpot Nevada)
EAST:  CMU1 
Land Use: Bar/restaurant (Guadalahara)
WEST: Corridor Mixed-Use 2 (CMU2)
Land Use: Commercial retail (ACE Hardware)
 

The applicant conducted a pre-application neighborhood meeting on June 24, 2025, at 1604 Grand Avenue. 

Planning staff posted the property, mailed notices to owners within 300 feet of the subject property, and published a legal ad in the newspaper. The planning staff also posted the application on our "Current Zoning Applications" web page. Planning staff received no comments or emails on the application prior to the writing of this report.

On July 15, 2025, the applicant requested the Zoning Commission consider allowing withdrawal of the zone change application (request email in attachments). 

The Zoning Commission may:

• Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1068; or,
• Recommend denial and adopt different findings of the ten review criteria for Zone Change 1068; or,
• Delay action on the zone change request for up to 30 days; or,
• Allow the applicant to withdraw the zone change request. The applicant has requested the Commission consider withdrawal of the application.

Approval or denial of the proposed zone change will not have an effect on the Planning Division budget.

Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:

1) Is the new zoning designed in accordance with the Growth Policy and neighborhood plans?
The proposed zone change is consistent with the following guidelines of the 2016 Growth Policy:

- Infill development and development near existing City infrastructure may be the most cost-effective. (2011 City Infill Policy; 2016 Growth Policy: Essential Investments, Strong Neighborhoods)  
- Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, goodwill, and social interaction. (2016 Growth Policy: Strong Neighborhoods)
- Implementation of the Infill Policy is important to encourage the development of underutilized properties. (2016 Growth Policy: Strong Neighborhoods)
- A diversity of available jobs can ensure Billings’ strong economy. Retaining and supporting existing businesses helps sustain a healthy economy. (2016 Growth Policy: Prosperity)

2) Is the new zoning designed to secure from fire and other dangers?
The new zoning requires build-to ranges, open and landscaped areas, and building separations. The new zoning, as do all city zoning districts, provides adequate building separations through setbacks and density limits to provide security from fire and other dangers. The site will be developed in conformance with Section 27-406 (BMCC) as well as sections on landscaping, and off-street parking. New buildings would be required to meet building codes and engineering standards as well.

3) Whether the new zoning will promote public health, public safety and general welfare?
Similar to criteria two, public health and public safety will be promoted by both the existing zoning and the proposed zoning. This is not unique to the CMU1 zone, but instead is promoted by all adopted zoning districts within the City of Billings. The site and structure regulations found in Section 27-406 for the CMU1 district promote the minimum standards to ensure public health and safety and promote general welfare. The approval of the zone change should not have negative affects on public health, safety and welfare given the existing conditions, site requirements, and existing development. The proposed CMU1 zone will allow marketing to a range of uses that may require more land area or allow a drive-thru service. Developed land will increase property values while vacant land tends to add unpredictability to the area.

4) Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements?
Transportation: The proposed zoning should not have any measurable impact on transportation. When the property develops, the developer may be required to provide a traffic study and provide mitigation accordingly. Any traffic increases will be determined when the site is developed. City Engineering will require advance discussion on access to the parcels before any development is approved.  
Water and Sewer: The City is currently providing water and sewer service to the property. 
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. The school district provided no comment on the proposed zone change. Parks should not be negatively impacted by the proposed zoning. The property is not intended for residential development.
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?
Similar to criteria 2 and 3, the proposed CMU1 zone, like all zones, requires minimum setbacks to allow for adequate separation between structures and adequate light and air. The proposed zoning provides for sufficient setbacks to allow for adequate separation between structures and adequate light and air. Therefore, any new structure will be required to meet the standards required by Section 27-400-3 (BMCC) and other city regulations for development.

6) Will the new zoning affect motorized and non-motorized transportation?
The subject property has existing frontage along 13th Street. Any future development on the site will be subject to review by the City’s Engineering Division, which will regulate and enforce standards for any new access points, if new access is required. The proposed zoning designation, in itself, is not anticipated to generate significant impacts on the transportation network. However, the potential future use of the property as a pawn shop with associated retail sales could result in increased vehicle and pedestrian traffic to and from the site. At this time, the extent of any such increase is not known and is anticipated to be evaluated further during site development review.  Based on the proposed zoning and permitted land uses, a traffic impact analysis may be required for any future development. The City Engineering Division may also require mitigation measures to ensure that surrounding street intersections continue to operate at acceptable levels of service. 

7) Will the new zoning promote compatible urban growth?
The proposed zoning is compatible with the adjacent zoning and existing urban growth. The CMU1 zoning is compatible with the surrounding property and development. The lots to the east are CMU1 and south are CMU1 and NMU.  There is a mixture of zone districts on the corridor due to its proximity to Grand Avenue to the south (a principal arterial street).  Additionally, site and landscape requirements of the CMU1 district will promote compatibility specifically by requiring a landscaped buffer for the use and adjacent to other zones with different uses, such as the residential multi-family apartment complex to the north. The zoning does promote compatible urban growth.

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 or uses. Similar to criteria 7, the lots to the east are CMU1 and south are CMU1 and NMU. There is a mixture of zone districts on the corridor due to its proximity to Grand Avenue to the south (a principal arterial street). The proposed zoning and its permitted uses are appropriate for this location. Any future development will be required to comply with applicable site development standards, ensuring the property's continued suitability.  

9) Will the new zoning conserve the value of buildings?
The new zoning is not expected to alter the value of any buildings in the area. Due to the existing uses and established zones to the east, west, and north, the proposed use should not impact the value of these buildings. New construction tends to increase property value. The CMU1 building and siting requirements will help conserve the value of any surrounding property.  The new zoning should add stability to the value of the existing neighborhood by adding predictability to the existing commercial developments in the vicinity. New development tends to increase surrounding property values.

10) Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the development of an underutilized property with uses that are compatible with the surrounding zone districts and uses. This is the most appropriate use of the land.