b.
City Zoning Commission
- Meeting Date:
- 10/06/2020
- SUBJECT
- Zone Change 985 - 3121 & 3125 Boulder Ave - R-60 to RMF-R
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
City Zone Change 985 – 3121 & 3125 Boulder Ave- from R-60 to RMF-R - A zone change request from Residential 6,000 (R-60) to Residential Multi Family-Restricted (RMF-R) ), on the East ½ of Lot 13 & the West ½ of lot 14, Wolf Subdivision, a 40,500 foot parcel of land. A pre-application neighborhood meeting was held on September 1, 2020, at 3125 Boulder Ave. Presented by Nicole Cromwell, Zoning Coordinator
RECOMMENDATION
Planning staff is recommending approval and adoption of the findings of the ten criteria for Zone Change 985.
APPLICATION DATA
| OWNER: Edith Nelson | |
| AGENT: Rob Pasquarello | |
| LEGAL DESCRIPTION: Lot 14 (West 1/2) - 3121 Boulder and Lot 13 (East 1/2) - 3125 Boulder | |
| ADDRESS: 3121 and 3125 Boulder Avenue | |
| CURRENT ZONING: R-60 | |
| EXISTING LAND USE: Single family dwellings | |
| PROPOSED USE: Two family and multi-family dwellings | |
| SIZE OF PARCEL: 40,500 square feet (20,250 sf each parcel) |
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | Zone Change # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| None – Original Zoning | |||||
| SURROUNDING PROPERTY | Zone Change # | DATE | FOR | APPROVED (Y/N) |
ADDITIONAL DATA |
| 1550 41st St W | 718 | 10/14/2003 | R-96 to RMF-R | Y | Wheatbaker Apts 2016 |
| 1550 Country Manor Blvd | 426 | 3/5/1984 | A-1 to RMF-R | Y | Country Meadow Apts 1997 |
| 3981 Avenue D | 426 | 3/5/1984 | A-1 to RMF-R | Y | Circle Fifty Townhomes 2001 |
| Swanson Lane | 426 | 3/5/1984 | A-1 to RMF-R | Y | Fox Run Townhomes 2002 |
| 34th St West & Colton Blvd | 667 | 11/6/2000 | R-96 to R-80 | Y | Wyndham West Townhomes 2002 |
| 1500 Golden Blvd | 572 | 2/28/1994 | A-1 to RMF | Y | Carriage Homes 1997 |
| 3155 Avenue C | 413 | 10/25/1983 | R-96 to RMF-R | Y | Aspen Meadows 2005 |
| 2291 Avenue C | 68 | 8/26/1974 | PD to R-60 | Y | Rosepark Plaza Apts 1981 |
| 1545 Hawthorne | 936 | 7/17/2015 | R-50 to RMF-R | Withdrawn | |
| 1229-1239 Poly Dr | 933 | 3/23/2015 | R-96 to R-60 | Y | Council initiated existing 6-unit apts |
| 301-317 Covert Ln | 955 | 5/22/2017 | R-70 to R-60 | N | 3 existing 4-unit bldgs |
| 1041 N 24th St | 968 | 8/13/2018 | R-70 to RMF-R | Y | Existing apts |
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: R-60 Land Use: Rock Creek Apartments |
| SOUTH: | Zoning: R-60 Land Use: Single family and Multi-unit townhomes |
| EAST: | Zoning: R-60 Land Use: Single family and Rock Creek Apartments |
| WEST: | Zoning: R-60 Land Use: Single family |
BACKGROUND
This is a zone change request for two adjacent parcels of land at 3121 and 3125 Boulder Avenue. The lots are 20,250 square feet each and three dwellings exist on the parcels. The current owner is selling the property and the prospective buyer, Rob Pasquarello, is acting as the agent. The proposed zoning is Residential Multi-family-Restricted (RMF-R). The current zoning of R-60 allows single family and two family dwellings by right but requires special review approval for three or more attached dwelling units (multi-family). Under current zoning, up to 10 units could be developed on each property in one apartment building with special review approval. Other configurations of multi-family dwellings could also be allowed based on the lot area. If the owner chose to use the "by right" development of single family or two family dwellings, each property could have up to five dwelling units. The proposed zone of RMF-R would allow a 10-unit building on each property by right and not by special review approval.
The prospective buyer conducted a pre-application neighborhood meeting at 3125 Boulder Avenue to discuss the proposed zoning and Mr. Pasquarello's plans for updating the property. Ten of the surrounding owners attended the meeting and several owners submitted a letter to Mr. Pasquarello with concerns about increased traffic, higher crime and lower property values for surrounding single family dwellings. One of the surrounding owners sent a letter to the City Council members for Ward IV. Planning staff received an email from Michael Klepperich a new owner at 3111 Boulder Avenue (directly east of 3121 Boulder Avenue). He stated concerns about more multi-family dwellings in the neighborhood as there seems to be an adequate supply, and the lack of sidewalks on Boulder Avenue a route to Boulder elementary school. During school hours, heavy vehicle and pedestrian traffic moves along Boulder Avenue, Colton Boulevard and 32nd Street West (the street fronting Boulder Elementary School). The traffic congestion leads drivers to drop off students along Boulder Avenue and Colton Boulevard and avoid the traffic directly in front of the school. Drivers look for ways to exit the area as quickly as possible.
Normal daily traffic on Rehberg Lane (east) is about 6,830 vehicle trips per day. There are no average daily traffic count numbers collected for Boulder Avenue, 32nd St West (Poly to Grand Ave), or Colton Blvd west of Rehberg Lane. Rehberg Lane serves as a major north/south connector between Rimrock Rd and Grand Avenue and is designated a collector street. Boulder Avenue and 32nd St West are local streets and are not intended or constructed as collector or arterial streets. There are over 470 students in Boulder Elementary School and it is likely daily traffic on Boulder Avenue and Colton Blvd west of Rehberg Lane during the school year is quite heavy. If half the student population is dropped off by car each day that would be over 1,000 vehicle trips just for these students and would not include staff or school bus traffic. The school district staff along with the city staff manage the daily school traffic along 32nd St West in front of the school so the safety of students is ensured. Adding sidewalks to Boulder Avenue would be an additional safety measure for students walking to school and would make this street safer for residents of the area as well. Typically, new sidewalk is added when new development or significant re-development occurs.
Boulder Avenue has a diverse range of housing options on both ends of the choice spectrum - 17 single family detached dwellings (between Rehberg Ln and 32nd St West), eight 4-plex apartment buildings, 13, 8-unit apartment buildings (includes Rock Creek apartments), and four 4-unit townhomes (total of 16 single family attached units). The proposed zoning could allow any housing choice along this spectrum although the proposal is for smaller apartment buildings (not more than five in a single structure). A concept plan was submitted showing 11 dwelling units on the property with a shared private driveway off Boulder Avenue. The 5-unit building is shown on the north end of the property, a 4-unit building about mid-way and then a two-family dwelling at the frontage on Boulder Avenue. As drawn, the 5 -unit building would have access from the Rock Creek apartments internal driveway.
Planning staff has reviewed the request and is recommending approval to the Zoning Commission based on the proposed findings of the 10 review criteria. The Wolf Subdivision is an older county subdivision where lots were platted at a minimum of 1/2 acre in area to accommodate on site water wells and septic drainfields. The subdivision was annexed to the city in 1963, and these larger lots have gradually increased the number of dwelling units and housing choices over the past 57 years. The single family dwellings date to the mid 1940s to the mid to late 1950s. The oldest multi-family dwellings were constructed in the mid 1970s after city water and sewer was available. The water line was replaced in Boulder Avenue in 1989, but the sewer line is original from 1963 when the SID was approved and the property was annexed to the city. The City Engineering Division has not expressed any concerns with providing water and sewer to the project.
The city adopted an Infill Policy in 2011, that supports the re-development of vacant or under-developed land within the city limits. Land where the building value and the land value are nearly equal or where the land value exceeds the building value demonstrate where re-development or significant building upgrades are needed to ensure adjacent property values are sustained. Under-development includes unfinished site improvements such as unpaved driveways, lack of walkways, missing curbs, gutters, sidewalks, small dwellings on very large lots and similar characteristics. The proposed zoning and development is in character with the surrounding development as 80% of the area is devoted to apartments. The owner could also build a townhome (unit ownership) project where each unit would have a separate owner with property maintenance accomplished by an HOA. This would be similar to two developments across the street from the subject property. Townhomes are a type of housing choice that is in demand now.
The prospective buyer conducted a pre-application neighborhood meeting at 3125 Boulder Avenue to discuss the proposed zoning and Mr. Pasquarello's plans for updating the property. Ten of the surrounding owners attended the meeting and several owners submitted a letter to Mr. Pasquarello with concerns about increased traffic, higher crime and lower property values for surrounding single family dwellings. One of the surrounding owners sent a letter to the City Council members for Ward IV. Planning staff received an email from Michael Klepperich a new owner at 3111 Boulder Avenue (directly east of 3121 Boulder Avenue). He stated concerns about more multi-family dwellings in the neighborhood as there seems to be an adequate supply, and the lack of sidewalks on Boulder Avenue a route to Boulder elementary school. During school hours, heavy vehicle and pedestrian traffic moves along Boulder Avenue, Colton Boulevard and 32nd Street West (the street fronting Boulder Elementary School). The traffic congestion leads drivers to drop off students along Boulder Avenue and Colton Boulevard and avoid the traffic directly in front of the school. Drivers look for ways to exit the area as quickly as possible.
Normal daily traffic on Rehberg Lane (east) is about 6,830 vehicle trips per day. There are no average daily traffic count numbers collected for Boulder Avenue, 32nd St West (Poly to Grand Ave), or Colton Blvd west of Rehberg Lane. Rehberg Lane serves as a major north/south connector between Rimrock Rd and Grand Avenue and is designated a collector street. Boulder Avenue and 32nd St West are local streets and are not intended or constructed as collector or arterial streets. There are over 470 students in Boulder Elementary School and it is likely daily traffic on Boulder Avenue and Colton Blvd west of Rehberg Lane during the school year is quite heavy. If half the student population is dropped off by car each day that would be over 1,000 vehicle trips just for these students and would not include staff or school bus traffic. The school district staff along with the city staff manage the daily school traffic along 32nd St West in front of the school so the safety of students is ensured. Adding sidewalks to Boulder Avenue would be an additional safety measure for students walking to school and would make this street safer for residents of the area as well. Typically, new sidewalk is added when new development or significant re-development occurs.
Boulder Avenue has a diverse range of housing options on both ends of the choice spectrum - 17 single family detached dwellings (between Rehberg Ln and 32nd St West), eight 4-plex apartment buildings, 13, 8-unit apartment buildings (includes Rock Creek apartments), and four 4-unit townhomes (total of 16 single family attached units). The proposed zoning could allow any housing choice along this spectrum although the proposal is for smaller apartment buildings (not more than five in a single structure). A concept plan was submitted showing 11 dwelling units on the property with a shared private driveway off Boulder Avenue. The 5-unit building is shown on the north end of the property, a 4-unit building about mid-way and then a two-family dwelling at the frontage on Boulder Avenue. As drawn, the 5 -unit building would have access from the Rock Creek apartments internal driveway.
Planning staff has reviewed the request and is recommending approval to the Zoning Commission based on the proposed findings of the 10 review criteria. The Wolf Subdivision is an older county subdivision where lots were platted at a minimum of 1/2 acre in area to accommodate on site water wells and septic drainfields. The subdivision was annexed to the city in 1963, and these larger lots have gradually increased the number of dwelling units and housing choices over the past 57 years. The single family dwellings date to the mid 1940s to the mid to late 1950s. The oldest multi-family dwellings were constructed in the mid 1970s after city water and sewer was available. The water line was replaced in Boulder Avenue in 1989, but the sewer line is original from 1963 when the SID was approved and the property was annexed to the city. The City Engineering Division has not expressed any concerns with providing water and sewer to the project.
The city adopted an Infill Policy in 2011, that supports the re-development of vacant or under-developed land within the city limits. Land where the building value and the land value are nearly equal or where the land value exceeds the building value demonstrate where re-development or significant building upgrades are needed to ensure adjacent property values are sustained. Under-development includes unfinished site improvements such as unpaved driveways, lack of walkways, missing curbs, gutters, sidewalks, small dwellings on very large lots and similar characteristics. The proposed zoning and development is in character with the surrounding development as 80% of the area is devoted to apartments. The owner could also build a townhome (unit ownership) project where each unit would have a separate owner with property maintenance accomplished by an HOA. This would be similar to two developments across the street from the subject property. Townhomes are a type of housing choice that is in demand now.
SUMMARY
Before making its recommendation to the City Council, the Zoning Commission shall consider the findings of the 10 review 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:
Strong Neighborhoods:
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum setbacks, open and landscaped areas and building separations. The new zoning, as do all zoning districts, provides adequate building separations and density limits to 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. Re-development of the property will improve the health and safety of the neighborhood. Vacant or buildings with maintenance deficits tend to create opportunities for vandalism and trespassing and bring down adjacent property values. Well maintained property and new construction tends to bring property values up.
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 a measurable effect on the existing transportation system. If the zone change is approved, the re-development of the property will require either installation of sidewalk, curb & gutter or a guarantee of a future contribution to the sidewalk construction. Current vehicle traffic from the two dwellings is about 20 to 26 vehicle trips per day. If 20 apartments were constructed then this would contribute approximately 133 vehicle trips per day, a significant increase. The concept site plan shows 11 dwelling units. The current "by right" zoning would allow five dwelling units per parcel or 10 dwelling units total. The increase in traffic from either scenario would be about 3 times the current traffic generation for 2 single family dwellings. Boulder Avenue is a local street. The city recently did an overlay of the asphalt surface to preserve the pavement for a few more years, but no further improvements were made. The street has the necessary construction to handle this small (10%) increase in total traffic volume.
Water and Sewer: The City provides water and sewer to the property. If new service lines are required, these will be installed at the time of property re-development.
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 setbacks to allow for adequate separation between structures and adequate light and air.
6. Will the new zoning effect motorized and non-motorized transportation?
There will be a slight effect and increase of motorized transportation. The current street and intersections should be able to handle the additional traffic. If the zone change is approved, the renovation work on the property will require the developer to install sidewalk, curb and gutter or provide a future guarantee of its installation.
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 re-develop into a better housing choice in the area and is compatible with the existing neighborhood.
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 will allow a housing choice that is in demand in the area. The proposed zoning will allow the existing out of date buildings to be removed and new, safer buildings to be constructed.
9. Will the new zoning conserve the value of buildings?
Approval of the zone change will conserve the value of the property by allowing renovation of the existing property, potentially increasing the value of the existing property and surrounding properties.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow re-development of the land and upgrade the current use. This is the most appropriate use of the land.
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:
Strong Neighborhoods:
- Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels
- Neighborhoods that are safe and attractive and provide essential services are much desired
- A mix of housing types that meet the needs of a diverse population is important
- The Housing Needs Assessment is an important tool to ensure Billings recognizes and meets the demands of future development
- Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe
- To provide safe, good quality and affordable housing and develop patterns that are compatible with existing neighborhoods.
2. Is the new zoning designed to secure from fire and other dangers?
The new zoning requires minimum setbacks, open and landscaped areas and building separations. The new zoning, as do all zoning districts, provides adequate building separations and density limits to 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. Re-development of the property will improve the health and safety of the neighborhood. Vacant or buildings with maintenance deficits tend to create opportunities for vandalism and trespassing and bring down adjacent property values. Well maintained property and new construction tends to bring property values up.
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 a measurable effect on the existing transportation system. If the zone change is approved, the re-development of the property will require either installation of sidewalk, curb & gutter or a guarantee of a future contribution to the sidewalk construction. Current vehicle traffic from the two dwellings is about 20 to 26 vehicle trips per day. If 20 apartments were constructed then this would contribute approximately 133 vehicle trips per day, a significant increase. The concept site plan shows 11 dwelling units. The current "by right" zoning would allow five dwelling units per parcel or 10 dwelling units total. The increase in traffic from either scenario would be about 3 times the current traffic generation for 2 single family dwellings. Boulder Avenue is a local street. The city recently did an overlay of the asphalt surface to preserve the pavement for a few more years, but no further improvements were made. The street has the necessary construction to handle this small (10%) increase in total traffic volume.
Water and Sewer: The City provides water and sewer to the property. If new service lines are required, these will be installed at the time of property re-development.
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 setbacks to allow for adequate separation between structures and adequate light and air.
6. Will the new zoning effect motorized and non-motorized transportation?
There will be a slight effect and increase of motorized transportation. The current street and intersections should be able to handle the additional traffic. If the zone change is approved, the renovation work on the property will require the developer to install sidewalk, curb and gutter or provide a future guarantee of its installation.
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 re-develop into a better housing choice in the area and is compatible with the existing neighborhood.
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 will allow a housing choice that is in demand in the area. The proposed zoning will allow the existing out of date buildings to be removed and new, safer buildings to be constructed.
9. Will the new zoning conserve the value of buildings?
Approval of the zone change will conserve the value of the property by allowing renovation of the existing property, potentially increasing the value of the existing property and surrounding properties.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow re-development of the land and upgrade the current use. This is the most appropriate use of the land.
RECOMMENDATION
Staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 985.