|
Regular
|
| Board of Adjustment | |
| Date: | 05/05/2021 |
| Title: | Variance 1331 - Blue Creek Rd and Santiago Blvd |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
The Planning staff is recommending conditional approval and adoption of the findings of the variance criteria for this application.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a variance from Section 27-406 requiring a Front Build-To zone of 5 to 20 feet to allow an 80-foot setback from the front property line on Blue Creek road to accommodate a Floodplain Boundary for a new 5,400 square-foot commercial structure in a Corridor Mixed Use 1 (CMU1) zone, on Lot 1 of Essman Subdivision, a 27,907 square-foot parcel of land.
The Corridor Mixed Use 1 (CMU1) zone district is a new zoning for the city that requires buildings to be closer to the street with less parking on the front and more street frontage landscaping. The City Council adopted the new zoning districts and regulations in January 2021. The zone districts now require a minimum and maximum front build-to area along the street for mixed use zoning districts. The purpose of the build-to area is to ensure the street frontage is used for maximum potential for commercial businesses. Parking is restricted to side yards, rear yards or internal parking areas behind buildings that frame the street.
The new regulations also allow variances from any numerical limitation or requirement in the code and this includes the build-to area. There are some small variations allowed through and administrative process, however larger deviations still require a review and approval by the Board of Adjustment. The same basic criteria for variances have carried through from the previous zoning regulations since these criteria are outlined in state law. These criteria include a finding of physical hardship with the lot that prevents compliance with the zoning and that other properties in the district have received similar variance or have developed without the granting of a variance to the code requirement.
Planning staff has reviewed this application and find the proposed variance is intended to preserve and protect a designated flood plain for Blue Creek. The proposed site design and layout is not substantially different from adjoining developments and will fit in with the nearby developments. In order to enhance the site and mitigate some potential impacts from project, staff is proposing several conditions of approval.
Before granting the requested variance, the Board of Adjustment shall consider the findings of the review criteria (Sec 27-1627.D)
1. That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
There is a special circumstance with this parcel that does not apply to other parcels in the area. The lot has a designated 100-year flood plain. Occupied structures are discouraged from locations within the flood plain. Parking or non-occupied structures can be allowed with some conditions imposed by the flood plain manager. The variance from the build-to requirement of this zone district will allow this project to be built away from the flood plain.
2. That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
This is the first variance requested from the new build-to requirement for the mixed use zone district. The previous zoning required minimum setbacks but did not impose maximum setbacks. There is no applicable or similar zoning variance history to the application. Planning staff did find there were several zoning variances granted in the area to accommodate the previous minimum zoning setbacks due to proximity to pipelines and flood plains. This is a similar request to accommodate a flood plain.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other land in the same district.
The zoning history in the area shows several granted variances for arterial setbacks, front and rear setbacks to allow for new buildings or for remodeling of existing buildings. Granting this variance will not confer on this applicant any special privilege.
4. That the granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and with the growth policies.
The proposed site plan will be similar to several others on the east side of Blue Creek Road and will be in harmony with the zoning and growth policy for Billings and for the general area.
5. In granting any variance, the BOA may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code.
Planning Staff is recommending the following conditions of approval:
6. The BOA shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending a 1-year time period to apply for a building permit and 3 years to complete the development.
7. Under no circumstances shall the BOA grant a variance to allow a use not permissible under the terms of this chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
The proposed use of the building is an allowed use in the CMU1 zone district.
The Corridor Mixed Use 1 (CMU1) zone district is a new zoning for the city that requires buildings to be closer to the street with less parking on the front and more street frontage landscaping. The City Council adopted the new zoning districts and regulations in January 2021. The zone districts now require a minimum and maximum front build-to area along the street for mixed use zoning districts. The purpose of the build-to area is to ensure the street frontage is used for maximum potential for commercial businesses. Parking is restricted to side yards, rear yards or internal parking areas behind buildings that frame the street.
The new regulations also allow variances from any numerical limitation or requirement in the code and this includes the build-to area. There are some small variations allowed through and administrative process, however larger deviations still require a review and approval by the Board of Adjustment. The same basic criteria for variances have carried through from the previous zoning regulations since these criteria are outlined in state law. These criteria include a finding of physical hardship with the lot that prevents compliance with the zoning and that other properties in the district have received similar variance or have developed without the granting of a variance to the code requirement.
Planning staff has reviewed this application and find the proposed variance is intended to preserve and protect a designated flood plain for Blue Creek. The proposed site design and layout is not substantially different from adjoining developments and will fit in with the nearby developments. In order to enhance the site and mitigate some potential impacts from project, staff is proposing several conditions of approval.
Before granting the requested variance, the Board of Adjustment shall consider the findings of the review criteria (Sec 27-1627.D)
1. That special conditions and circumstances exist which are peculiar to the land, the lot or something inherent in the land which causes the hardship, and which are not applicable to other lands in the same district.
There is a special circumstance with this parcel that does not apply to other parcels in the area. The lot has a designated 100-year flood plain. Occupied structures are discouraged from locations within the flood plain. Parking or non-occupied structures can be allowed with some conditions imposed by the flood plain manager. The variance from the build-to requirement of this zone district will allow this project to be built away from the flood plain.
2. That a literal interpretation of the provisions of this Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district.
This is the first variance requested from the new build-to requirement for the mixed use zone district. The previous zoning required minimum setbacks but did not impose maximum setbacks. There is no applicable or similar zoning variance history to the application. Planning staff did find there were several zoning variances granted in the area to accommodate the previous minimum zoning setbacks due to proximity to pipelines and flood plains. This is a similar request to accommodate a flood plain.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Zoning Code to other land in the same district.
The zoning history in the area shows several granted variances for arterial setbacks, front and rear setbacks to allow for new buildings or for remodeling of existing buildings. Granting this variance will not confer on this applicant any special privilege.
4. That the granting of the variance will be in harmony with the general purpose and intent of this Zoning Code and with the growth policies.
The proposed site plan will be similar to several others on the east side of Blue Creek Road and will be in harmony with the zoning and growth policy for Billings and for the general area.
5. In granting any variance, the BOA may prescribe appropriate conditions and safeguards in conformity with this Zoning Code. Violation of such conditions and safeguards, when made a part of the terms upon which the variance is granted, shall be deemed a violation of this Zoning Code.
Planning Staff is recommending the following conditions of approval:
1. The variance is limited to Lot 1 of Essman Subdivision generally located on the northeast corner of the intersection of Blue Creek Road and Santiago Boulevard.
2. The variance is from Section 27-406 requiring a maximum setback of 20 feet from the front property line - Blue Creek Road - to allow a maximum setback of 80 feet from the front property line. No other variance is intended or implied.
3. The applicant or developer will install 8 street frontage trees along the Blue Creek Rd property line and 5 street frontage trees along Santiago Blvd. No evergreen trees may be used in these locations. All other minimum requirements of the Landscaping regulations (Section 27-1300) shall be met.
4. All outdoor lighting, with the exception of signage, shall have full cutoff shields so no part of the fixture or lens projects below the cutoff shield. Light pole standards must be 15 feet in height or less. Height includes the fixture, the base and the supporting pole.
5. No fascia on the building or canopy may be internally illuminated.
6. There shall be no construction activity prior to 7 am or after 8 pm daily.
7. The applicant/developer shall apply for a building permit within 12 months of Board approval and complete the development within 3 years of Board approval. Completion includes all buildings, landscaping, parking and other site structures and amenities.
8. Failure to begin or complete the project according to the time periods within this approval will void the variance.
9. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.
2. The variance is from Section 27-406 requiring a maximum setback of 20 feet from the front property line - Blue Creek Road - to allow a maximum setback of 80 feet from the front property line. No other variance is intended or implied.
3. The applicant or developer will install 8 street frontage trees along the Blue Creek Rd property line and 5 street frontage trees along Santiago Blvd. No evergreen trees may be used in these locations. All other minimum requirements of the Landscaping regulations (Section 27-1300) shall be met.
4. All outdoor lighting, with the exception of signage, shall have full cutoff shields so no part of the fixture or lens projects below the cutoff shield. Light pole standards must be 15 feet in height or less. Height includes the fixture, the base and the supporting pole.
5. No fascia on the building or canopy may be internally illuminated.
6. There shall be no construction activity prior to 7 am or after 8 pm daily.
7. The applicant/developer shall apply for a building permit within 12 months of Board approval and complete the development within 3 years of Board approval. Completion includes all buildings, landscaping, parking and other site structures and amenities.
8. Failure to begin or complete the project according to the time periods within this approval will void the variance.
9. These conditions of variance approval shall run with the land described in this authorization and shall apply to all current and subsequent owners, operators, managers, lease holders, heirs and assigns.
6. The BOA shall prescribe a time limit within which the action for which the variance is required shall be begun or completed, or both. Failure to begin or complete such action within the time limit set shall void the variance.
Staff is recommending a 1-year time period to apply for a building permit and 3 years to complete the development.
7. Under no circumstances shall the BOA grant a variance to allow a use not permissible under the terms of this chapter in the district involved. A variance shall not be a grant of special privilege inconsistent with limitations placed upon other property in the district.
The proposed use of the building is an allowed use in the CMU1 zone district.
ALTERNATIVES
The Board of Adjustment may
- Approve the findings of the review criteria as proposed by Planning staff and conditionally approve the variance application; or,
- Change the findings of the review criteria as proposed by Planning staff and deny the variance application; or
- Allow the application to be withdrawn at the request of the applicant; or
- Delay action on the variance application to a future Board meeting.
FISCAL EFFECTS
Approval or denial of the proposed variance will have no effect on the Planning Division budget.