Consent 1.S.
Regular City Council Meeting
- Meeting Date:
- 04/09/2012
- TITLE
- Zone Change #886 - Text Amendment - Lot Area for Residential Zones - 2nd reading
- PRESENTED BY:
- Candi Beaudry
- Department:
- Planning & Community Services
Presentation:
Information
PROBLEM/ISSUE STATEMENT
This is a zone change that will amend several sections of the Billings, Montana, City Code (BMCC) regarding lot area requirements for dwelling units, elimination of references to townhomes or townhouses, deleting the requirement for additional side setbacks in the Residential 5,000 (R-50) zone and removing the zero lot line references. The current code can cause confusion in interpretation when multiple dwelling units exist on undivided lots. Past interpretation is that each detached “dwelling unit” requires the minimum lot area even though the detached units are not separated by a lot line. There are many unit ownership developments in Billings. Several of those developments consist entirely of single detached dwelling units and in some cases 2 single detached dwelling units on 1 undivided lot.
The proposed amendments to Section 27-305 would allow the lot area for attached or detached dwelling units to remain the same for the “two units” configuration. The amendment proposes to eliminate references to townhomes or townhouses as a specific use in response to recent legislative changes. The amendment also removes the requirement for additional side setback – 10 feet – in the R-50 zone if no alley exists. There are very few R-50 zoning districts and this additional side setback is unnecessary if the lots are well designed. The amendment proposes to eliminate allowances for zero lot lines because these are only used in reference to townhomes. The City Zoning Commission initiated this amendment on February 7, 2012. The Zoning Commission conducted a public hearing on March 6, 2012, and is forwarding a recommendation of approval on a 4-0 vote. The City Council conducted a public hearing on March 26, 2012, and approved the text amendment on 1st reading.
The proposed amendments to Section 27-305 would allow the lot area for attached or detached dwelling units to remain the same for the “two units” configuration. The amendment proposes to eliminate references to townhomes or townhouses as a specific use in response to recent legislative changes. The amendment also removes the requirement for additional side setback – 10 feet – in the R-50 zone if no alley exists. There are very few R-50 zoning districts and this additional side setback is unnecessary if the lots are well designed. The amendment proposes to eliminate allowances for zero lot lines because these are only used in reference to townhomes. The City Zoning Commission initiated this amendment on February 7, 2012. The Zoning Commission conducted a public hearing on March 6, 2012, and is forwarding a recommendation of approval on a 4-0 vote. The City Council conducted a public hearing on March 26, 2012, and approved the text amendment on 1st reading.
ALTERNATIVES ANALYZED
The City Council may:
1. Approve the zone change
2. Deny the zone change
3. Allow withdrawal of the zone change
4. Delay action for up to thirty (30) days
1. Approve the zone change
2. Deny the zone change
3. Allow withdrawal of the zone change
4. Delay action for up to thirty (30) days
FINANCIAL IMPACT
There should be no direct financial impact from the proposed text amendments on the City. The amendments may have a positive financial affect by stabilizing and encourage re-investment in older neighborhoods.
RECOMMENDATION
The Zoning Commission is forwarding a recommendation of approval for Zone Change #886 on a 4-0 vote.