|
Regular
|
| Board of Adjustment | |
| Date: | 12/01/2021 |
| Title: | City Variance 1337-Cardwell Ranch |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff has reviewed this application and is forwarding a recommendation of conditional approval for the variance based on the determinations for review provided within this report.
REQUEST
A variance from the Cardwell Ranch east 80 Planned Development zone Article IV.C.3 requiring a 45-foot maximum height to allow 50 feet on Lots 2, 3A, 4A, 5, 6A, & 7A, Block 2 Cardwell Ranch Subdivision 1st Filing, a 16.05-acre parcel of land. The purpose of the variance is to allow an increase in maximum height for Cardwell Ranch Apartment Homes to develop a roof design that complies with the aesthetic intent of the Cardwell Ranch Design Standards.
APPLICATION DATA
OWNER: Yegen Grand Ave Farm, LLC
AGENT: Norris Design, Kelley Savage
PURPOSE: increase maximum allowed building height
LEGAL DESCRIPTION: Lots 2, 3A, 4A, 5, 6A, & 7A, Block 2 Cardwell Ranch Subdivision 1st Filing
ADDRESS: South East of Grand Ave and Zimmerman Trail
SIZE OF PARCEL: 16.05 Acres
ZONING: PD
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Residential Multi Family
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
See attached.
SURROUNDING ZONING & LAND USE
NORTH: Zoning: PD
Land Use: Vacant
SOUTH: Zoning: P1
Land Use: Golf Course
EAST: Zoning: P2
Land Use: School
WEST: Zoning: P1
Land Use: Golf Course
REQUEST
A variance from the Cardwell Ranch east 80 Planned Development zone Article IV.C.3 requiring a 45-foot maximum height to allow 50 feet on Lots 2, 3A, 4A, 5, 6A, & 7A, Block 2 Cardwell Ranch Subdivision 1st Filing, a 16.05-acre parcel of land. The purpose of the variance is to allow an increase in maximum height for Cardwell Ranch Apartment Homes to develop a roof design that complies with the aesthetic intent of the Cardwell Ranch Design Standards.
APPLICATION DATA
OWNER: Yegen Grand Ave Farm, LLC
AGENT: Norris Design, Kelley Savage
PURPOSE: increase maximum allowed building height
LEGAL DESCRIPTION: Lots 2, 3A, 4A, 5, 6A, & 7A, Block 2 Cardwell Ranch Subdivision 1st Filing
ADDRESS: South East of Grand Ave and Zimmerman Trail
SIZE OF PARCEL: 16.05 Acres
ZONING: PD
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Residential Multi Family
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
See attached.
SURROUNDING ZONING & LAND USE
NORTH: Zoning: PD
Land Use: Vacant
SOUTH: Zoning: P1
Land Use: Golf Course
EAST: Zoning: P2
Land Use: School
WEST: Zoning: P1
Land Use: Golf Course
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
The purpose of the variance is to allow an increase in maximum height for Cardwell Ranch Apartment Homes to develop a roof design that complies with the aesthetic intent of the Cardwell Ranch Design Standards. In 2008, the property was zoned to a Planned Development. Adjacent properties to the north and east are also parcels within the Planned Development. The maximum allowed height in the East 80 Cardwell Ranch PD for all buildings is 45 feet. The reason for the request is to provide a roof design that complies with the aesthetic intent of the Cardwell Ranch Commercial Design Guidelines. A lower height requirement would create rooflines that are not in proportion with the overall architectural design and less compatible with surrounding development.
The Cardwell Ranch Design Review Committee has reviewed the proposed building designs, including building heights and is in support of the variance for building height adjustment (letter stating support attached). The request is consistent with the intent of the PD and will allow flexibility in architectural design. The multifamily housing units being proposed will include higher ceiling levels and increased interior daylight, intending to fill a need for high quality and cost-effective housing within the City of Billings. Staff did not receive any comments from other City of Billings departments.
The Cardwell Ranch Design Review Committee has reviewed the proposed building designs, including building heights and is in support of the variance for building height adjustment (letter stating support attached). The request is consistent with the intent of the PD and will allow flexibility in architectural design. The multifamily housing units being proposed will include higher ceiling levels and increased interior daylight, intending to fill a need for high quality and cost-effective housing within the City of Billings. Staff did not receive any comments from other City of Billings departments.
FISCAL EFFECTS
Approval or disapproval of the proposed variance should not have an impact of the Planning Division budget.
SUMMARY
The Board of Adjustment shall make the following determinations prior to granting a variance:
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 are not any special circumstances that exist in this situation other than the Planned Development agreement restricts building height to 45 feet. The PD agreement in this case makes allowances for building height and design with a variance approval.
2. That a literal interpretation of the provisions of the Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
There are no other buildings or structures within the East 80 Cardwell PD that have or are able to exceed the 45' maximum height requirements. Granting this variance allows the applicant to develop at an increased height not commonly enjoyed by others, however, outside of the Planned Development the Board of Adjustment has granted height variances in other commercial or multifamily districts where multi famlily uses are present.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
The variance will not allow the applicant any special privileges. The development is compatible with surrounding land uses. The property is located within an already approved PD which contemplates a variety of housing choices including multi-family as well as commercial development. Parcels to the northeast are currently developed as a medical office and commercial retail with similar architectural design. Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted variances to the maximum building height to other land in the same or similar district.
4. That the granting of the variance will be in harmony with the general purpose and intent of the Zoning Code and with the Growth Policy;
The variance is in harmony with the general purpose and intent of the zoning regulations and the growth policy. Approval of this variance would allow the applicant to complete the design of the planned development.
5. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with the 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 the Zoning Code.
Staff is recommending the following conditions for the reduction in minimum lot size variance request:
6. The Board 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; and
Staff has proposed a 3-year time limit for submitting a building permit and completion of the entire project within 5 years of the first building permit approval.
7. Under no circumstances shall the Board 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 granting of this variance would not allow a use that is not allowed in the zoning district – multi-family dwellings are allowed in the PD.
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 are not any special circumstances that exist in this situation other than the Planned Development agreement restricts building height to 45 feet. The PD agreement in this case makes allowances for building height and design with a variance approval.
2. That a literal interpretation of the provisions of the Zoning Code would deprive the applicant of rights commonly enjoyed by other tracts in the same district;
There are no other buildings or structures within the East 80 Cardwell PD that have or are able to exceed the 45' maximum height requirements. Granting this variance allows the applicant to develop at an increased height not commonly enjoyed by others, however, outside of the Planned Development the Board of Adjustment has granted height variances in other commercial or multifamily districts where multi famlily uses are present.
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this Chapter to other land in the same district;
The variance will not allow the applicant any special privileges. The development is compatible with surrounding land uses. The property is located within an already approved PD which contemplates a variety of housing choices including multi-family as well as commercial development. Parcels to the northeast are currently developed as a medical office and commercial retail with similar architectural design. Granting this variance will not confer on the applicant a special privilege because the Board of Adjustment has granted variances to the maximum building height to other land in the same or similar district.
4. That the granting of the variance will be in harmony with the general purpose and intent of the Zoning Code and with the Growth Policy;
The variance is in harmony with the general purpose and intent of the zoning regulations and the growth policy. Approval of this variance would allow the applicant to complete the design of the planned development.
5. In granting any variance, the Board may prescribe appropriate conditions and safeguards in conformity with the 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 the Zoning Code.
Staff is recommending the following conditions for the reduction in minimum lot size variance request:
1. The approval is for a variance from Cardwell Ranch PD C.3 as amended increasing the maximum height from 45 feet to 50 feet. No other variance is intended or implied with this approval.
2. The variance is limited to Lots 2, 3A, 4, 5, 6A, and 7A, Block 2, Cardwell Ranch Subdivision.
3. The applicant shall meet all other city code requirements as well as Cardwell Ranch Planned Development requirements with the exception of this variance.
4. The applicant will submit a building permit within 3 years of Board approval and complete construction within 5 years of the first building permit approval.
5. 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 limited to Lots 2, 3A, 4, 5, 6A, and 7A, Block 2, Cardwell Ranch Subdivision.
3. The applicant shall meet all other city code requirements as well as Cardwell Ranch Planned Development requirements with the exception of this variance.
4. The applicant will submit a building permit within 3 years of Board approval and complete construction within 5 years of the first building permit approval.
5. 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 Board 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; and
Staff has proposed a 3-year time limit for submitting a building permit and completion of the entire project within 5 years of the first building permit approval.
7. Under no circumstances shall the Board 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 granting of this variance would not allow a use that is not allowed in the zoning district – multi-family dwellings are allowed in the PD.