The Zoning Commission recommends approval of Zone Change 989 and adoption of the findings of the 10 review criteria.

The property owners, J & S Properties, intend to develop the site for a new ice and water production plant for Yellowstone Ice and Water, currently located at 1718 4th Avenue North. The business has outgrown the space. The use is an allowed use in both zone districts, however the EBURD zone districts have building and site development standards that fit the form requirements of each district. This is a proposed industrial type facility and the building and frontage allowed in the Central Works districts does not fit with the proposed use. The owners have retained an agent to assist with the new plant design and this application. The agent is Simonsen-Architect.

APPLICATION DATA
OWNER: J & S Properties, Inc.
AGENT: Simonsen-Architect
LEGAL DESCRIPTION: Lots 1-12, Block 121, Billings Original Town
ADDRESS:5 North 16th Street
CURRENT ZONING: EBURD-Central Works
EXISTING LAND USE: Vacant
PROPOSED USE: Yellowstone Ice and Water new plant 
SIZE OF PARCEL: 39,000 square feet

SURROUNDING LAND USE & ZONING
NORTH: Zoning: EBURD-CW Land Use: O'Reilly Auto Parts
SOUTH: Zoning: EBURD-CW & EBURD-IS Land Use: Western Builder Supply - E-Z Set Corp.
EAST:    Zoning: EBURD-CW Land Use: Kairos Center - Mixed Use
WEST:   Zoning: EBURD-CW Land Use: Auto Plaza - auto sales

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 area while the mixed use and residential areas closer to downtown. The industrial focus has been along the eastern edges and part of the railroad interface along Montana Avenue.

This section of Montana Avenue is currently un-built with just a gravel surface and no sidewalk, gutter, drainage or landscaping. Some new street lighting has been installed as part of the city's infrastructure improvement program in the EBURD. This site is currently used for some storage but is primarily vacant. The proposed new ice and water plant will be a major investment in this property.

The Planning staff reviewed the request and recommended approval to the Zoning Commission based on staff proposed findings of the 10 review criteria. The Zoning Commission concurred. The proposed zoning fits in with the existing master plan and zoning plan for the EBURD core. Industrial type uses are contemplated in both the Central Works and the Industrial Sanctuary zone districts. The Industrial Sanctuary zone accommodates a building frontage type that better fits this area of Montana Avenue. Each frontage type selects a building form and site development standards that fit with the expected pedestrian and vehicle traffic for the area. This area south of 1st Avenue N is not well suited for pedestrian traffic so the building form standards are out of place at this location. The adjacent uses and zones are compatible with the proposed zoning. No objections were received from the adjacent owners.

Before making a decision on the zone change request, the City Council will consider the findings recommended by the Zoning Commission.

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

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. Completion of additional street infrastructure will help this are retain value. The jobs within this business represent a good cross section of job skills and abilities. This is a local business seeking to expand within the community with a new plant and expansion of services to the community. 

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 a new manufacturing facility that uses modern 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 Montana Avenue safer.

4.   Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will not have any effect on the existing transportation system. The surrounding street system consists of arterials and local streets. Development of the property will require new infrastructure on Montana Avenue.
Water and Sewer: The City will provide water and sewer to the property. There will be no additional impacts to 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 with 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 transportation systems. Montana Avenue will be improved along the width of the property.

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 Yellowstone Ice and Water.

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 south and east 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.

 

The Zoning Commission conducted a public hearing on March 2, 2021 and received the staff recommendation, testimony from the applicant and agent and a letter of support from the B.I.R.D. owners association. No other testimony was received.
The Zoning Commission voted 5-0 to recommend approval of the zone change and adoption of the findings of the 10 review criteria.

The City Council may:

• Approve the zone change and adopt the findings of the 10 review criteria as recommended by the Zoning Commission
• Deny the zone change and adopt different findings of the 10 review criteria
• Delay action on the zone change request for up to 30 days

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