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Item 5.
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| City Council Regular | |
| Date: | 05/23/2022 |
| Title: | Zone Change 1015- 1411 Emma Avenue- Change from N2 to N3- First Reading |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
| Legal Review | Not Applicable |
RECOMMENDATION
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
APPLICATION DATA
OWNER: Penny Levy
LEGAL DESCRIPTION: Emma Jean Heights Sub. 1st Filing,
ADDRESS: 1411 Emma Ave
CURRENT ZONING: N2
EXISTING LAND USE: Residential single family and vacant lots
PROPOSED USE: Residential single family
SIZE OF PARCEL: 9,575 sf
CONCURRENT APPLICATIONS
None
SURROUNDING LAND USE & ZONING
NORTH: Zoning: N2/N3
Land Use: Residential
SOUTH: Zoning: N2/N3
Land Use: Residential
EAST: Zoning: N2/N3
Land Use: Residential
WEST: Zoning: N2/N3
Land Use: Residential
STAFF REVIEW
This is a zone change request to change from N2 to N3. The proposed zoning would update this property within the Emma Jean Heights Subdivision from a mixture of N2 - a zone that allows one and two family dwellings - to N3 - a zone that only allows single family dwellings. Both zone districts allow single family dwellings on individual lots. The N2 zone district was included in Project Recode map update for this parcel as well as several other parcels within Emma Jean Heights Subdivision in an effort to keep the existing development moving forward with the same allowed uses as the previous Residential 7,000 (R-70) zone district. The previous R-70 zoning and the N2 zoning both allow single family dwellings as well as 2-unit dwellings. Planning Staff chose the N2 zone district as it closely resembled the previous zone (Residential-7000). The applicant is requesting the change to N3 district on this parcel that was unintentionally not included in the recent zone change for a portion of the larger subdivision approved under Zone Change 1007 in March of this year.
The subject property was developed in 2017, prior to Project ReCode. The new code has made allowances for structures of all types that were built prior to the new code, in an effort to allow nonconforming structures to be reconstructed as the original building was approved. Section 27-1505 - Nonconforming site characteristics; 1411 Emma sits slightly off-square with Emma Avenue – but it appears at least some of the front and side adjacent facades are within the build-to areas required for both streets at least within the 5-ft tolerances for Administrative Relief allowed under the new code, and it appears the home is wide enough to accommodate the existing garage openings of 25 feet total. The only possible non-conforming site characteristic is the additional setback for the front façade that is not garage. Code Section 27-1505 above allows re-building with the “nonconforming site characteristics” intact. The code specifically exempts these characteristics from conformance at re-development/renovation or re-build. Someone could voluntarily want to meet the site characteristics, but nothing in this code requires it. In this case, the property owner would prefer to have the zoning on the property changed to N3, as some of the surrounding properties have done with the approval of Zone Change 1007.
STAKEHOLDERS
The Zoning Commission held a public hearing on May 3, 2022, Staff gave a brief presentation to the Commission. The applicant, Penny Levy, concurred with staff recommendation. Commissioner Greg McCall asked the applicant why she wanted to change the zoning if her home was built prior to Recode and the code makes allowances for nonconforming property. Penny said she had spoken to different appraisers, and they told her that her property would be valued less in the N2 zone district than it would be in the N3 district on an appraisal. Nicole Cromwell, Zoning Coordinator, said staff has no evidence to support that an appraisal value is based on a zone district, but staff has been investigating the allegation. Commissioner Dan Brooks said he was not present when the Zone Change 1007 was on the agenda, so he did not have the opportunity to vote on it. He said that he would have voted against Zone Change 1007 because he did not believe there was a material reason for the zone change to be approved. Dan continued saying in this case, the property was constructed prior to Recode and there are exemptions written in the code to allow the existing residence to be reconstructed as it currently is, as explained in staffs report to the Commission. Dan said that he felt generally, with the major need for housing, that to go from a denser allowed zone to as less dense zone is not in the best interest of anybody in the City of Billings. He concluded that he would not vote against the zone change only because the previous zone change was approved, and it would not be fair to single out this homeowner.
A motion was made by Commissioner Greg McCall to forward a recommendation of approval and adoption of the proposed findings of the review criteria to the City Council. The motion was seconded by Commissioner Dan Brooks and approved on a 4-0 voice vote.
ALTERNATIVES
- Approve the request and adopt the findings of the ten review criteria for Zone Change 1015 as recommended by the Zoning Commission; or,
- Deny the request and adopt different findings of the ten review criteria for Zone Change 1015; 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
SUMMARY
Prior to any approval of a zone change City Council 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:
- 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
Home Base:
- 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
The proposed zone change is consistent with the following goals of the 2006 Billings Heights Neighborhood Plan:
- To provide safe, good quality and affordable housing in the Heights.
- Develop housing patterns that are compatible with existing neighborhoods.
- Maintain similar housing in established 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 not be affected by the proposed zoning. The new zone would not change the public health, safety and general welfare status from the existing zoning.
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.
Water and Sewer: The City provides water and sewer to the property.
Schools and Parks: Schools and parks should not be negatively affected by the proposed zoning. School population may increase depending on the demographic of the new residents as homes are built.
Fire and Police: The subject property is served by city public safety services as this is an existing house within an existing city neighborhood. 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?
The new zoning designation itself should not have any increase effect on the transportation system. The N2 zoning may have brought in more dwelling units under the allowed density, therefore the proposed N3 may actually have less of an impact 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 lot continue as it is now in being compatible with most of 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. Previous filings of Emma Jean Heights are built out in accordance with the N3 district. Therefore, allowing an additional lot constructed in the same pattern expands the already existing character. Further, the proposed zoning will continue to allow a housing choice that is in demand in the area and could be built in N2 or N3 zoning districts.
9. Will the new zoning conserve the value of buildings?
Both the N3 (new zone) and N2 (old zone) conserve the value of buildings and allow for single family dwellings. The existing homes in the neighborhoods are predominantly single-family homes and some homes that have already been constructed are built to the N3 standard. Therefore, the new zoning will not diminish the value of the existing neighborhood or the newly zoned property.
10. Will the new zoning encourage the most appropriate use of land throughout the City of Billings?
The proposed zoning will allow the continuance of an existing housing choice in this area of Billings Heights. Residential uses are the most appropriate use of the land.
Attachments
- Zoning Map & Site Photos
- Application & Applicant Letter
- Neighborhood meeting information
- History
- Ordinance