Regular 4.
Regular City Council Meeting
- Meeting Date:
- 10/26/2020
- TITLE
- Zone change 984 - 1219 12th St West - R-70 to RMF-R- Public Hearing and 1st Reading
- Department:
- Planning & Community Services
- Division:
- Planning
RECOMMENDATION
The Zoning Commission recommends approval and adoption of the findings of the ten review criteria for Zone Change 984 on a 5-0 vote.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
This is a zone change application for an existing development at the corner of 12th St. West and Alderson Avenue. The current construction consists of one building with two dwelling units and two legally nonconforming business uses. The applicant is a new owner who intends to remodel the structure to remove the two business uses and create one additional dwelling unit. The current zoning of R-70 does not allow three attached dwelling units.
This property was the subject of one previous zone change attempt in 1976. That owner wanted a zone change to a limited commercial district (NC-L) to make the existing commercial uses conforming to zoning. That zone change was denied. The current owner states the structure has been vacant for about one year. City water service was shut off in January 2018. The new owner activated the city water service in August 2020. Vacant structures tend to bring down property values in neighborhoods, and create opportunities for vandalism and trespassing. This location is a challenging area where some intense commercial uses are directly adjacent to a residential neighborhood.
The City Council recently approved a zone change for property on the north side of Alderson Avenue (1127 Alderson) to allow the renovation of an existing vacant commercial office building to apartments. Planning staff recommended approval to the Zoning Commission. The Zoning Commission concurred with this recommendation. The surrounding property owners within 150 feet of this zone change submitted a valid protest petition to the City Council opposing the zone change. The City Council achieved the super-majority vote to approve the zone change on first reading on September 28, 2020.
Planning staff reviewed this application and the review criteria for zone changes. Staff recommended approval to the Zoning Commission. The Zoning Commission concurred with the recommendation. The area is a mixed residential area with few housing choices available in the "middle" spectrum of housing types. The housing spectrum ranges from single family detached dwellings up to and including multi-unit apartments. Many cities across the country are "missing" the middle section of this spectrum. These include small apartment buildings (3-4 units), cottage courts (4 to 10 units arrange around a courtyard), and townhomes (side-by-side attached units). Missing Middle Housing is a range of house-scale buildings with multiple units—compatible in scale and form with detached single-family homes—located in a walkable neighborhood. The city zoning currently only has two zone districts where the missing middle type housing choice is an option: RMF and RMF-R. The R-60 zone only allows multi-family (more than 2 attached units) by special review approval of the City Council. Both the RMF and RMF-R also allow single family dwellings and the large multi-unit apartment buildings. Project ReCode has drafted new Neighborhood zone districts that increase the predictability of different zone districts. For example, the NX1 - Mixed Residential 1 - zone district only allows 1 to 4 unit structures. If this zone change is approved, the property would update to the NX1 zone district.
The proposed zoning will meet the goals of the 2016 Growth Policy by encouraging the re-use and renovation of an existing building in a well established neighborhood in Billings. Vacant buildings and land tend to bring down property values in the surrounding area. This area of town is highly walkable and the addition of one dwelling unit to this existing building will have no measurable effect on the surrounding neighborhood. There is good access to transportation options, shopping and services.
Prior to making a decision on the zone change request the City Council shall consider the recommendations of the Zoning Commission:
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. Renovation of a vacant structure for new residents will improve the health and safety of the neighborhood. Vacant structures tend to create opportunities for vandalism and trespassing and bring down adjacent property values.
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 sidewalk missing along the 12th St. West frontage will be replaced as part of the renovation work on the property.
Water and Sewer: The City provides water and sewer to the property.
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 no measurable effect on motorized transportation. If the zone change is approved, the renovation work on the property will require the missing sidewalk on 12th St. West to be installed.
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 structure to be renovated into a conforming use and a housing choice that fits into the existing area.
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 building.
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.
This property was the subject of one previous zone change attempt in 1976. That owner wanted a zone change to a limited commercial district (NC-L) to make the existing commercial uses conforming to zoning. That zone change was denied. The current owner states the structure has been vacant for about one year. City water service was shut off in January 2018. The new owner activated the city water service in August 2020. Vacant structures tend to bring down property values in neighborhoods, and create opportunities for vandalism and trespassing. This location is a challenging area where some intense commercial uses are directly adjacent to a residential neighborhood.
The City Council recently approved a zone change for property on the north side of Alderson Avenue (1127 Alderson) to allow the renovation of an existing vacant commercial office building to apartments. Planning staff recommended approval to the Zoning Commission. The Zoning Commission concurred with this recommendation. The surrounding property owners within 150 feet of this zone change submitted a valid protest petition to the City Council opposing the zone change. The City Council achieved the super-majority vote to approve the zone change on first reading on September 28, 2020.
Planning staff reviewed this application and the review criteria for zone changes. Staff recommended approval to the Zoning Commission. The Zoning Commission concurred with the recommendation. The area is a mixed residential area with few housing choices available in the "middle" spectrum of housing types. The housing spectrum ranges from single family detached dwellings up to and including multi-unit apartments. Many cities across the country are "missing" the middle section of this spectrum. These include small apartment buildings (3-4 units), cottage courts (4 to 10 units arrange around a courtyard), and townhomes (side-by-side attached units). Missing Middle Housing is a range of house-scale buildings with multiple units—compatible in scale and form with detached single-family homes—located in a walkable neighborhood. The city zoning currently only has two zone districts where the missing middle type housing choice is an option: RMF and RMF-R. The R-60 zone only allows multi-family (more than 2 attached units) by special review approval of the City Council. Both the RMF and RMF-R also allow single family dwellings and the large multi-unit apartment buildings. Project ReCode has drafted new Neighborhood zone districts that increase the predictability of different zone districts. For example, the NX1 - Mixed Residential 1 - zone district only allows 1 to 4 unit structures. If this zone change is approved, the property would update to the NX1 zone district.
The proposed zoning will meet the goals of the 2016 Growth Policy by encouraging the re-use and renovation of an existing building in a well established neighborhood in Billings. Vacant buildings and land tend to bring down property values in the surrounding area. This area of town is highly walkable and the addition of one dwelling unit to this existing building will have no measurable effect on the surrounding neighborhood. There is good access to transportation options, shopping and services.
Prior to making a decision on the zone change request the City Council shall consider the recommendations of the Zoning Commission:
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. Renovation of a vacant structure for new residents will improve the health and safety of the neighborhood. Vacant structures tend to create opportunities for vandalism and trespassing and bring down adjacent property values.
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 sidewalk missing along the 12th St. West frontage will be replaced as part of the renovation work on the property.
Water and Sewer: The City provides water and sewer to the property.
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 no measurable effect on motorized transportation. If the zone change is approved, the renovation work on the property will require the missing sidewalk on 12th St. West to be installed.
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 structure to be renovated into a conforming use and a housing choice that fits into the existing area.
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 building.
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.
STAKEHOLDERS
The Zoning Commission conducted a public hearing on October 6, 2020, and received the staff report and testimony from the owner, Christian Helland. There was no other public comment received.
On a motion by Dan Brooks, seconded by Trina White, the City Zoning Commission voted 5-0 to recommend approval and adoption of the findings of the ten criteria for Zone Change 984.
On a motion by Dan Brooks, seconded by Trina White, the City Zoning Commission voted 5-0 to recommend approval and adoption of the findings of the ten criteria for Zone Change 984.
ALTERNATIVES
The City Council may:
- Adopt the findings of the 10 criteria as recommended by the Zoning Commission and approve the application; or
- Amend the findings of the 10 criteria as recommended by the Zoning Commission and approve or deny the application; or
- Delay action up to 30 days.
FISCAL EFFECTS
Approval of the Zone Change will have no direct impact on the Planning Division budget.