As part of the redevelopment efforts in the East Billings Urban Renewal District, a new zoning code was needed to implement the vision of the East Billings Urban Renewal District (EBURD) Master Plan. In conjunction with the consultant Farr & Associates, a Steering Committee made up of Planning staff, Billings Industrial Revitalization District (BIRD) representatives, EBURD property owners, local design professionals, and other stakeholders worked to draft a code that would achieve the vision of the EBURD.

This zone change includes a map amendment and a text amendment for the EBURD. The amendment will add a new section to the Unified Zoning Regulations that specifies land uses, building types, signage allowances, landscaping requirements and location specific street improvements for new zoning districts in the EBURD. This zoning code is a hybrid between traditional zoning and form-based zoning.

Form-based codes, which focus on the physical form of a property to encourage compatibility of the structures, replace conventional zoning which focus on land use and numerical standards. Form-based code is a more flexible tool to shape the character and composition of a community. In the EBURD, this code is proposed to be the foundation for revitalization as called for in the EBURD Master Plan.  As this is a tool used only in the EBURD at this point, the name of EBURD Code is to be used.

The City Council may;
1) Adopt the EBURD Code as recommended by the City Zoning Commission
2) Not adopt the EBURD Code
3) Delay action on the EBURD Code for 30 Days

The adoption of this code will have no immediate financial impact on the City of Billings.  However, over time, the EBURD Code will be instrumental in increasing property values in the East Billings Urban Renewal District.

This is a City initiated zone change which includes a map amendment and a text amendment for the 400-acre EBURD. The zoning amendment includes a change from the existing districts of Controlled Industrial (CI), Heavy Industrial (HI), Neighborhood Commercial (NC), Community Commercial (CC), Residential 6,000 (R-60) and Highway Commercial (HC) to EBURD Railspur Village (EBURD RSV), EBURD Rail Spur Village Main Street (EBURD RSVMS), EBURD Central Works (EBURD CW), EBURD 13th Main Street (EBURD 13th), and EBURD Industrial Sanctuary (EBURD IS). The amendment will add a new section to the Zoning Regulations that specifies the land uses, building types, signage allowances, landscaping requirements and location specific street improvements for these new districts.

At the July 3rd meeting of the City of Billings Zoning Commission, the Commission voted to keep the public hearing open and delay action on Zone Change #901 for 30 days to August 7, 2012. At the July 3rd meeting, multiple concerns were brought to the Commission by several property owners in the affected area. The Zoning Commission voted to continue the hearing to allow for more dialogue between those owners and city staff.

Between the July and August meetings of the City Zoning Commission, staff held multiple meetings with property owners in the proposed Rail Spur Village Main Street and the 13th Main Street Districts. The property owners and the BIRD, Inc. Board of Directors also held multiple meetings to make their concerns known and all parties worked on proposed changes to the draft document. 

At the August 7th meeting of the City Zoning Commission, the Zoning Commission heard from property owners and other stakeholders, and voted to recommend to the City Council approving the EBURD Code with the changes proposed by the property owners and city staff.  

The City Zoning Commission conducted a public hearing July 3rd. This was continued until August 7 to address concerns that were brought forward by some property owners in the area.

At the July 3 meeting, the following testimony was heard:

Proponents
Martin E. Connell – 49 N 15th Street – President BIRD board.  Mr. Connell gave the zoning commission more history of the BIRD and the development of the EBURD.  He said the code allows for an annual review to address issues. He said he and the BIRD Board have had multiple meetings with residents of the district.  There are 219 landowners in the BIRD to assist in the development of this code, according to Connell. He thinks there are two feelings in the district, fear and excitement.  The revitalization of the area is a long term project, 50-100 years out. Mr. Connell was disappointed by the letter submitted by Jacquelyn Ayers.  The BIRD would like to change the use table to accommodate the Ayers.  The only way the code affects existing property is if the property owner expands a business by 50% or changes the use by 50%.  He encouraged the zoning commission to read the whole report before voting on it.  He also discussed the area east of the EBURD and the future there.

Ken Kunkel – 3312 4th Avenue North – Mr. Kunkel said a lot of professional time had been spent developing the code.  He said that there is a lot of good development interest in the EBURD, including larger developments. Mr. Kunkel said the City needs a good plan like this to energize the area and Billings.

Nash Emerich – 230 Avenue C – President BikeNet and local architect in training.  Mr. Emrich said he has been following the development of this code and supports the adoption.  It will be an asset to Billings and show the rest of Montana how to assist redevelopment.  There are provisions in place to review the code annually to address concerns. 

Opponents
Jacquelyn Ayers – Golden Nugget Body and Paint, 4th Avenue North and North 20th Street – Mrs. Ayers said her property is scheduled for expansion and more than a 50% expansion could be done.  She stated that no one came and spoke to anyone in the 20th Street corridor. She said she never received notification that there would be a drastic change to her property. She said the new code was a taking. She said her long term plan was to expand, or sell the property to another similar use and the new code would not allow expansion.  In the last line of the letter she submitted, she said she requested a change to her property classification in the EBURD District.  She said she spoke to other property owners in the area who were also unaware of the proposed changes. She said she maintains her property at a very high level. 

Jerry Ray – 2646 Grand Avenue - Mr. Ray said he was raised in the neighborhood and his family now owns 2 blocks of property.  He said the Rail Spur Village is slated to be "hoity-toity" and property owners in the area can’t afford that.  He said he is a developer and he does not want to ask the city how far he can set a door from the street. He said there is too much change and restrictions in the proposed code. 

Kevin VanLaarhoven – 2012 1st Avenue North – He said he has only been there in business about 5 years as Track Side Auto.  Mr. VanLaarhoven said he has concerns with the code and is just learning about it. He said he is concerned with outside storage restrictions of only two days.  He said there is more to be discussed.  He said if the community wants to clean up downtown, what about the vagrants?  Robberies?  

The Zoning Commission voted 3-0 to continue the public hearing

Code Edits and August 7 Meeting Summary
During the 30 day continuance from the July 3 Zoning Commission Meeting, the BIRD Board members and City staff had multiple conversations and meetings with the parties that testified in opposition, as well as other stakeholders from the EBURD. Based on these discussions, proposed edits to the document were agreed upon and presented at the August 7 City Zoning Commission meeting. These edits are indicated in the attached EBURD Code Document attached to this memo.

At the August 7 meeting, no one spoke in opposition to the EBURD Code change and five spoke in favor of the change.

Jennifer Ray-Junkert - 2646 Grand Avenue - Ms. Ray-Junkert spoke in favor of the code change but also asked that General Manufacturing be added as an allowed use in the Rail Spur Village District. The letter attached to this memo discussed this request further. She said there are large commercial structures in the area that could accommodate general manufacturing and with it not included it would be a hindrance.

Max Griffin - 1010 Central Ave. - Mr. Griffin said he owns the property at 1701 Montana Avenue and was concerned about the district boundaries. He said his property was zoned Rail Spur Village Main Street. He said he submitted a letter regarding his concerns. The letter attached to this memo discusses his concerns in additional detail. Mr. Griffin said he thought the Main Street district extended too far down Montana Avenue and he would like his designation changed to Main Street Central Works.

Jacquelyn Ayers - Golden Nugget Body and Paint - She said her concerns were addressed and that she was no longer opposed to the change and was completely in favor of it.

Matthew McDonald - Big Sky Collision Center - BIRD Board Member - Mr. McDonald said he thought the code was a great asset for the area and that the changes have helped address concerns and the code can move forward.

Kelly McCarthy- BIRD Board Treasurer - Mr. McCarthy spoke in favor of the amendment and said the cooperation and work with City staff has gone very well. He said an annual review clause is included in the code to allow a review of the code as needed an an annual basis.

Gordon Tryan - spoke for Brown's Auto Service, Inc. that owns property on North 13th Street and North 18th Street. He said he was concerned originally with the development standards in the code that affected how business could be operated. Mr. Tryan said the vehicle service use is now allowed without development standards on the 13th Street Main Street. He said he is now in favor of the code with this change.

The Zoning Commission discussed the request for general manufacturing and the request regarding the change to the Rail Spur Village Main Street. Additional information provided by staff in response to these requests is also attached to this memo. Staff explained that it was not in support of the General Manufacturing change proposed. Staff stated that it was in favor of the district boundary amendment regarding the Griffin property. The Zoning Commission voted 3-0 to recommend to City Council that the EBURD Code be adopted with the changes proposed by the stakeholders.

The unique mixed use character of the EBURD and its potential for redevelopment and revitalization requires a progressive method of land use controls. In accordance with State statute, this zone change is consistent with the East Billings Urban Renewal District Master Plan, itself a part of the 2008 Yellowstone County/City of Billings Growth Policy. The EBURD Code is necessary to implement the vision of that plan.