|
|
| Zoning Commission | |
| Date: | 08/03/2021 |
| Title: | Zone Change 996 - Harmony Meadows CMU2 to N2 and NO |
| Presented by: | Nicole Cromwell |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends approval of Zone Change 996 and adoption of the proposed findings of the ten review criteria.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change in Harmony Meadows Subdivision that will affect 19 lots with a total area of about 54.5 acres of undeveloped land. The current zoning of the property is Corridor Mixed Use 2 (CMU2) and Mixed Residential 2 (NX2). Prior to the code update in February 2021, the zoning was a mixture of Highway Commercial (HC), Community Commercial (CC) and Residential Multi-family-Restricted (RMF-R) zoning. The existing development in Harmony Meadows consists of several multi-unit apartment buildings ranging from 6 to 8 units in side-by-side dwelling unit structures. The apartment and patio home development density is about 8 to 8.5 dwelling units per acre or about 5,000 square feet of lot area per dwelling unit. The existing development is zoned as Mixed Residential 2 (NX2). This zoning allows 2 to 8 dwelling units in a single structure.
APPLICATION DATA
OWNER: Harmony Meadows, LLC - Cal Kunkel
AGENT: Performance Engineering, Inc. - Scott Aspenlieder, P.E.
LEGAL DESCRIPTION: Lots 1 through 8, and Lots 12A through 22 (19 lots total) of Harmony Meadows Subdivision, 2nd Filing
ADDRESS: Elysian Road, Dodger Lane and Interstate Avenue
EXISTING ZONING: CMU2 & NX2
EXISTING LAND USE: Vacant land
PROPOSED USE: One and two-family dwellings, professional offices, live/work units or 1-4 family dwellings
SIZE OF PARCEL(S): 54.5 acres (total)
SURROUNDING LAND USE AND ZONING
SOUTH: Land Use - Undeveloped Parkland
Zoning - Public 1 (P1)
EAST: Land Use - Commercial Businesses (Story Road), patio homes and apartments and vacant land
Zoning - CMU2, NX2 & CX
WEST: Land Use - Annafeld - a Mixed Use and Residential Subdivision
Zoning - Planned Development (PD)
The proposed zoning of Neighborhood Office (NO) for the lots with frontage on Elysian Road will allow a range of development options including professional offices, some service oriented businesses, dwellings (1 to 4 family structures) or a combination of uses such as "live/work" units or offices on Elysian and residential structures on the rear of the lots. The frontage lots on Elysian will also have split zoning with the south 1/3 of the lots in the Mid-Century Neighborhood (N2) zone district. This would allow future subdivision of the lots with the new lots fronting on an internal street (public or private). The proposed zoning for the remaining 11 lots in the proposed zone change is N2. The N2 zone is intended to accommodate one or two-family dwellings including townhomes or patio homes in unit ownership. The design of these lots is to allow lower building heights, and wider structures that face the street. The minimum street frontage required per structure is 50 feet and the maximum is 120 feet. This is a wide range intended to provide flexibility in design. The N2 zone district will not allow more than 2 units in a single structure.
This property is in a rapidly growing neighborhood of Billings. Since 2006, when the first homes were constructed in Josephine Crossing to the east of the subject property, over 1,400 homes have been established on 200 acres of developed land. Land already approved for development but not yet built on including the subject property is another 146 acres for new dwellings with some acres designated for new service businesses in those neighborhoods. The two-unit townhome or duplex dwelling is not a large part of current market in this area. The single lot with a single family dwelling is well represented, as well as the attached townhome or apartment. Annafeld Subdivision to the west of the subject property is beginning to add housing choices with 3 to 4 dwelling units in a structure as well as some two-unit townhomes. The proposed zoning of N2 in this subdivision will add a housing choice that is not a common choice in this area.
Elysian Road is a collector street that is currently under re-construction to add capacity and safety to the existing street. A round-a-bout will be added at the main entrance to Annafeld Subdivision as well as pedestrian and bicycle facilities. Elysian Road provides the main safe route to Elysian School a K through 8th grade elementary school at the intersection of Elysian Road and East Lane about 1/2 mile to the west of the subject property. The re-build of Elysian Road will complete a three-lane road section to allow safer turn movements with a dedicated center turn lane. The City will likely re-visit the posted speed limit on Elysian Road in the near future. The current posted speed limit is 45 mph - well beyond a normal speed limit for a collector street in the city limits. A normal arterial street speed limit - on Grand Avenue for example - is 35 mph and many collector streets are posted at 35 mph or less. There are no traffic counts available for Elysian Road, but Mullowney Lane - also a collector street - just south of the intersection with Midland Road is carrying out 11,000 vehicle trips per day. This is an expected level of traffic given the development in Riverfront Pointe Estates, Josephine Crossing and the Field of Dreams patio homes and apartments as well as the Howard Johnson Hotel and Convention Center and the other service businesses in the Titan Subdivision and on Holiday Avenue. All of these developments currently use Mullowney Lane as a primary route to connect to other parts of Billings and to the interstate.
Planning staff has reviewed the request and finds the proposed zone change is consistent the 2016 Growth Policy goals, including providing a range of housing options, access to everyday neighborhood services and attainable housing in neighborhoods throughout the city. The adjacent transportation network can handle the proposed traffic from the new development that will be less than under the current zoning of CMU2 and NX2. The adjacent property and zoning districts will be compatible with the proposed zoning districts.
APPLICATION DATA
OWNER: Harmony Meadows, LLC - Cal Kunkel
AGENT: Performance Engineering, Inc. - Scott Aspenlieder, P.E.
LEGAL DESCRIPTION: Lots 1 through 8, and Lots 12A through 22 (19 lots total) of Harmony Meadows Subdivision, 2nd Filing
ADDRESS: Elysian Road, Dodger Lane and Interstate Avenue
EXISTING ZONING: CMU2 & NX2
EXISTING LAND USE: Vacant land
PROPOSED USE: One and two-family dwellings, professional offices, live/work units or 1-4 family dwellings
SIZE OF PARCEL(S): 54.5 acres (total)
SURROUNDING LAND USE AND ZONING
NORTH: Land Use - Commercial Business Services - Montana Air Cartage, Personal Storage Warehousing, Performance Imports, AIH Manufacturing, Magic City Granite, Western Municipal Construction
Zoning - Heavy Commercial (CX)SOUTH: Land Use - Undeveloped Parkland
Zoning - Public 1 (P1)
EAST: Land Use - Commercial Businesses (Story Road), patio homes and apartments and vacant land
Zoning - CMU2, NX2 & CX
WEST: Land Use - Annafeld - a Mixed Use and Residential Subdivision
Zoning - Planned Development (PD)
The proposed zoning of Neighborhood Office (NO) for the lots with frontage on Elysian Road will allow a range of development options including professional offices, some service oriented businesses, dwellings (1 to 4 family structures) or a combination of uses such as "live/work" units or offices on Elysian and residential structures on the rear of the lots. The frontage lots on Elysian will also have split zoning with the south 1/3 of the lots in the Mid-Century Neighborhood (N2) zone district. This would allow future subdivision of the lots with the new lots fronting on an internal street (public or private). The proposed zoning for the remaining 11 lots in the proposed zone change is N2. The N2 zone is intended to accommodate one or two-family dwellings including townhomes or patio homes in unit ownership. The design of these lots is to allow lower building heights, and wider structures that face the street. The minimum street frontage required per structure is 50 feet and the maximum is 120 feet. This is a wide range intended to provide flexibility in design. The N2 zone district will not allow more than 2 units in a single structure.
This property is in a rapidly growing neighborhood of Billings. Since 2006, when the first homes were constructed in Josephine Crossing to the east of the subject property, over 1,400 homes have been established on 200 acres of developed land. Land already approved for development but not yet built on including the subject property is another 146 acres for new dwellings with some acres designated for new service businesses in those neighborhoods. The two-unit townhome or duplex dwelling is not a large part of current market in this area. The single lot with a single family dwelling is well represented, as well as the attached townhome or apartment. Annafeld Subdivision to the west of the subject property is beginning to add housing choices with 3 to 4 dwelling units in a structure as well as some two-unit townhomes. The proposed zoning of N2 in this subdivision will add a housing choice that is not a common choice in this area.
Elysian Road is a collector street that is currently under re-construction to add capacity and safety to the existing street. A round-a-bout will be added at the main entrance to Annafeld Subdivision as well as pedestrian and bicycle facilities. Elysian Road provides the main safe route to Elysian School a K through 8th grade elementary school at the intersection of Elysian Road and East Lane about 1/2 mile to the west of the subject property. The re-build of Elysian Road will complete a three-lane road section to allow safer turn movements with a dedicated center turn lane. The City will likely re-visit the posted speed limit on Elysian Road in the near future. The current posted speed limit is 45 mph - well beyond a normal speed limit for a collector street in the city limits. A normal arterial street speed limit - on Grand Avenue for example - is 35 mph and many collector streets are posted at 35 mph or less. There are no traffic counts available for Elysian Road, but Mullowney Lane - also a collector street - just south of the intersection with Midland Road is carrying out 11,000 vehicle trips per day. This is an expected level of traffic given the development in Riverfront Pointe Estates, Josephine Crossing and the Field of Dreams patio homes and apartments as well as the Howard Johnson Hotel and Convention Center and the other service businesses in the Titan Subdivision and on Holiday Avenue. All of these developments currently use Mullowney Lane as a primary route to connect to other parts of Billings and to the interstate.
Planning staff has reviewed the request and finds the proposed zone change is consistent the 2016 Growth Policy goals, including providing a range of housing options, access to everyday neighborhood services and attainable housing in neighborhoods throughout the city. The adjacent transportation network can handle the proposed traffic from the new development that will be less than under the current zoning of CMU2 and NX2. The adjacent property and zoning districts will be compatible with the proposed zoning districts.
STAKEHOLDERS
The applicant and agent conducted a pre-application neighborhood meeting in a virtual format on June 22, 2021. No one in the 1/4-mile noticed area attended the virtual meeting. The 343 property owners notified of the Zoning Commission public hearing have not sent any comments, questions or concerns to the Planning Division staff.
ALTERNATIVES
The City Zoning Commission may:
- Recommend approval and adoption of the findings of the ten review criteria for Zone Change 996; or,
- Recommend denial and adopt different findings of the ten review criteria for Zone Change 996: or,
- Delay action on the zone change request for up to 30 days; or,
- Allow the applicant to withdraw the zone change request.
FISCAL EFFECTS
Approval or denial of the requested zoning will have no fiscal effect on the Planning Division budget.
SUMMARY
Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:
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. The additional dwelling units will help increase the number of rate payers to the city utility systems and increase the taxable value of the property.
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 significantly increase post-development traffic volume. A traffic impact study (TIS) or an update to an existing TIS will be necessary at the time of development. The proposed zoning versus the present zoning will have less traffic impact.
Water and Sewer: The City provides water and sewer to the property. There is adequate capacity to serve the property.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. Harmony Meadows Subdivision has dedicated parkland as required for subdivisions. If any additional parkland is necessary, this will be determined at the time of development.
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.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
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. The additional dwelling units will help increase the number of rate payers to the city utility systems and increase the taxable value of the property.
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 significantly increase post-development traffic volume. A traffic impact study (TIS) or an update to an existing TIS will be necessary at the time of development. The proposed zoning versus the present zoning will have less traffic impact.
Water and Sewer: The City provides water and sewer to the property. There is adequate capacity to serve the property.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. Harmony Meadows Subdivision has dedicated parkland as required for subdivisions. If any additional parkland is necessary, this will be determined at the time of development.
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?
Traffic generation from a potential 250 to 300 new dwelling units will be between 1,500 to 2,400 new vehicle trips per day. This trip counts includes trips to the new residences for services such as mail, deliveries, solid waste and similar as well as the trips by the occupants. The new development will have sidewalks and will connect to other sidewalks and pedestrian facilities in the neighborhood. The new zoning designation itself should not have any increase effect on the transportation system.
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 provide new housing 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.
9. Will the new zoning conserve the value of buildings?
There are no structures on the subject property. In general, new construction improves the value of adjacent property.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the development of another housing choice in this area of the Southwest Corridor of Billings. This is the most appropriate use of the land.
Attachments
- Zoning History
- Zoning Map and Site Photos
- Proposed Zoning Exhibit
- Application and Letter
- Preapplication Meeting Notes