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Item 1.I.
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| City Council Regular | |
| Date: | 09/09/2024 |
| Title: | Zone Change 1051 - 122 N 12th St - EBURD-IS to EBURD-13 Main Street - 2nd reading |
| Presented by: | Anna Vickers, Planning Division Manager |
| Department: | Planning & Community Services |
| Presentation: | No |
| Legal Review: | Not Applicable |
| Project Number: | PZX-24-00130 |
RECOMMENDATION
The Zoning Commission recommended approval of Zone Change 1051 and adoption of the findings of the 10 review criteria. The City Council approved the zone change on first reading on August 26, 2024. A second reading is required to approve the zone change
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change request for property within the East Billings Urban Renewal District. The property is located at 122 N 12th St, north of 1st Ave N, and the previous location of the Billings Bronze foundry. The foundry experienced a catastrophic fire in February 2018, and the property has been vacant since that time. The current owner and potential developer is intending to build some live and work units on the property that will eventually front both N 12th St and 2nd Ave N with buildings. The property is legally described as Lots 6-12, Block 77, Billings Original Town.
The type of structure (frontage type) the developers would like to use is allowed in both EBURD-IS (current zoning) and EBURD-13 Main Street (proposed zoning). However, the EBURD-IS zone does not allow residential use except for employees and caretakers. In addition, only two such "dwelling units" would be allowed for each 10,000 square feet of building area. The proposed buildings will have much less floor area than required and may or may not provide housing for "employees or caretakers". The recent amendment to the zoning code regarding the allowance for multi-unit developments in mixed-use and commercial zones does not apply to industrial zone districts including the EBURD-IS zone. It does apply to the EBURD-13 Main Street zone. The property is just east of the current EBURD-13 Main Street zone boundary and does fit in with the intended uses and description of this proposed zoning district:
The type of structure (frontage type) the developers would like to use is allowed in both EBURD-IS (current zoning) and EBURD-13 Main Street (proposed zoning). However, the EBURD-IS zone does not allow residential use except for employees and caretakers. In addition, only two such "dwelling units" would be allowed for each 10,000 square feet of building area. The proposed buildings will have much less floor area than required and may or may not provide housing for "employees or caretakers". The recent amendment to the zoning code regarding the allowance for multi-unit developments in mixed-use and commercial zones does not apply to industrial zone districts including the EBURD-IS zone. It does apply to the EBURD-13 Main Street zone. The property is just east of the current EBURD-13 Main Street zone boundary and does fit in with the intended uses and description of this proposed zoning district:
EBURD 13th: The North 13th Street Main Street is intended to provide a walkable, shopping and dining corridor including office and residential areas adjacent to the Central Works and Industrial Sanctuary districts, while allowing appropriate craftsman industrial and commercial businesses.
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 reviewed the request and recommended approval to the City Zoning Commission based on draft proposed findings of the 10 review criteria on August 6, 2024. The Zoning Commission concurred with this recommendation and findings. 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.
STAKEHOLDERS
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.
Zoning Commission Public Hearing August 6, 2024
The Zoning Commission held a public hearing on August 6, 2024, and received the staff recommendation and testimony from the applicant's agent, Zach Schopp. There was no other testimony received. Chairperson Dan Brooks closed the public hearing.
Commission member Greg McCall made a motion to recommend approval and adoption of the 10 review criteria. The motion was seconded by Commission member Andy Megorden, and it was approved on a unanimous vote (5-0).
City Council Public hearing August 26, 2024
The City Council held a public hearing and first reading of the zone change on August 26, 2024. The staff presented the City Zoning Commission recommendation and testimony was received from the applicant's agent, Zach Schopp. There was no other testimony.
Mayor Cole closed the public hearing. Council member Gulick made a motion to approve the zone change and adopt the findings of the 10 review criteria. The motion was seconded by Council member Neese and was approved on a unanimous vote with council members Aspenlieder, Shaw, and Owen not in attendance.
Zoning Commission Public Hearing August 6, 2024
The Zoning Commission held a public hearing on August 6, 2024, and received the staff recommendation and testimony from the applicant's agent, Zach Schopp. There was no other testimony received. Chairperson Dan Brooks closed the public hearing.
Commission member Greg McCall made a motion to recommend approval and adoption of the 10 review criteria. The motion was seconded by Commission member Andy Megorden, and it was approved on a unanimous vote (5-0).
City Council Public hearing August 26, 2024
The City Council held a public hearing and first reading of the zone change on August 26, 2024. The staff presented the City Zoning Commission recommendation and testimony was received from the applicant's agent, Zach Schopp. There was no other testimony.
Mayor Cole closed the public hearing. Council member Gulick made a motion to approve the zone change and adopt the findings of the 10 review criteria. The motion was seconded by Council member Neese and was approved on a unanimous vote with council members Aspenlieder, Shaw, and Owen not in attendance.
ALTERNATIVES
The City Council may:
- Approve and adopt the findings of the ten review criteria for Zone Change 1051 as approved by the City Council on first reading; or,
- Deny and adopt different findings of the ten review criteria for Zone Change 1051; or,
- Delay action on the zone change request for up to 30 days at the request of the applicant or on its own motion;or
- Refer the application back to the Zoning Commission for an additional public hearing based on 1) new information submitted that the applicant and public has not had an opportunity to examine; or 2) new information has been presented that was never submitted or considered by the Zoning Commission or staff; or
- Allow the applicant to withdraw the zone change request.
FISCAL EFFECTS
Approval or denial of the zone change should have no effect on the Planning Division budget.
SUMMARY
Before making a decision on the zone change request, the City Council will consider the Zoning Commission's findings of the following criteria:
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:
Community Fabric:
Strong Neighborhoods:
Prosperity:
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.
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
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.