|
|
| Zoning Commission | |
| Date: | 05/03/2022 |
| Title: | Zone Change 1014-3038 Central Ave |
| Presented by: | Karen Husman |
| Department: | Planning & Community Services |
| Presentation: | Yes |
Information
RECOMMENDATION
Planning staff recommends approval of Zone Change 1014 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 request from Corridor Mixed Use 1 (CMU1) to Mixed Residential 3 (NX3), on the north 4.05 acres of COS 2991, Parcel 1C, an 8.868 acre parcel of land. A pre-application neighborhood meeting was held on March 16, 2022, via Zoom virtual meeting format.
APPLICATION DATA
OWNER: 3038 Central, LLC
AGENT: Brian Carlisle
LEGAL DESCRIPTION: COS 2991, Parcel 1C
ADDRESS: 3038 Central Avenue
EXISTING ZONING: CMU1 & NX3
EXISTING LAND USE: Vacant land
PROPOSED USE: Multi Family Residential
SIZE OF PARCEL: 4.05 acres
SURROUNDING LAND USE AND ZONING
SOUTH: Land Use - Residential Single Family
Zoning - N3
EAST: Land Use - Commercial mixed use
Zoning - CMU1
WEST: Land Use - Multi Family Hunters Point Apartments
Zoning - NX3
The subject property is currently a split zone with CMU1 to the North side of the property and NX3 to the south side, the proposed zoning of NX3 is intended to make the entire parcel the same zoning. Prior to project ReCode, the parcel was zoned Residential Professional (RP) Neighborhood Commercial (NC), and Residential Multi Family Restricted (RMF-R). The NX3 zone is intended to accommodate 5 to 8 dwelling units per structure. The minimum number of units allowed per building is 5 up to a maximum of 8 units. The setbacks in the NX3 zone district also have a requirement to have a wider separation when abutting an N1, N2, N3, or RMH zone district (increased from 5 feet to 15 feet on the side and 10 to 20 on the rear). The new zone will allow development of the property in continuity throughout the entire parcel. Adjacent development to the west is similar to the development design proposed under the new zone. This is an undeveloped parcel surrounded by multifamily, single family as well as light commercial development. This infill development is desirable to improve under utilized vacant property by creating desirable street scapes and adding pedestrian connections with sidewalks and bike paths.
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 potentially less than under the current zoning of CMU1. The adjacent property and zoning districts will be compatible with the proposed zoning district.
APPLICATION DATA
OWNER: 3038 Central, LLC
AGENT: Brian Carlisle
LEGAL DESCRIPTION: COS 2991, Parcel 1C
ADDRESS: 3038 Central Avenue
EXISTING ZONING: CMU1 & NX3
EXISTING LAND USE: Vacant land
PROPOSED USE: Multi Family Residential
SIZE OF PARCEL: 4.05 acres
SURROUNDING LAND USE AND ZONING
NORTH: Land Use - Duplex/Condo development
Zoning - N2SOUTH: Land Use - Residential Single Family
Zoning - N3
EAST: Land Use - Commercial mixed use
Zoning - CMU1
WEST: Land Use - Multi Family Hunters Point Apartments
Zoning - NX3
The subject property is currently a split zone with CMU1 to the North side of the property and NX3 to the south side, the proposed zoning of NX3 is intended to make the entire parcel the same zoning. Prior to project ReCode, the parcel was zoned Residential Professional (RP) Neighborhood Commercial (NC), and Residential Multi Family Restricted (RMF-R). The NX3 zone is intended to accommodate 5 to 8 dwelling units per structure. The minimum number of units allowed per building is 5 up to a maximum of 8 units. The setbacks in the NX3 zone district also have a requirement to have a wider separation when abutting an N1, N2, N3, or RMH zone district (increased from 5 feet to 15 feet on the side and 10 to 20 on the rear). The new zone will allow development of the property in continuity throughout the entire parcel. Adjacent development to the west is similar to the development design proposed under the new zone. This is an undeveloped parcel surrounded by multifamily, single family as well as light commercial development. This infill development is desirable to improve under utilized vacant property by creating desirable street scapes and adding pedestrian connections with sidewalks and bike paths.
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 potentially less than under the current zoning of CMU1. The adjacent property and zoning districts will be compatible with the proposed zoning district.
STAKEHOLDERS
The applicant and agent conducted a pre-application neighborhood meeting in a virtual format on March 16, 2022, via Zoom meeting format. There were 5 members of the public in attendance, the synopsis of the discussion is included in the attachments. The primary concerns were the number of units proposed and how it would affect traffic generation and safety. At this time this staff report was generated, the Planning Division has received no public comments or questions regarding application.
ALTERNATIVES
The City Zoning Commission may:
- Recommend approval and adoption of the findings of the ten review criteria for Zone Change 1014; or,
- Recommend denial and adopt different findings of the ten review criteria for Zone Change 1014: 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 when developed as multifamily housing. 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. The new zone will allow development of a residential facility that will include landscaped open space areas, designated pedestrian paths within the development, and new sidewalks adjacent to the right of way. In addition to landscaping that will promote beautification of the property, these additions to the undeveloped area will promote safe walking and biking areas for the public.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will 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 to develop multifamily versus the present zoning of mixed use will have a different impact on traffic it is not known without a traffic study the difference between the potential commercial or residential traffic.
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. There may be an increase in potential future students depending on the family dynamic that may inhabit the new 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 when developed as multifamily housing. 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. The new zone will allow development of a residential facility that will include landscaped open space areas, designated pedestrian paths within the development, and new sidewalks adjacent to the right of way. In addition to landscaping that will promote beautification of the property, these additions to the undeveloped area will promote safe walking and biking areas for the public.
4. Will the new zoning facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirement?
Transportation: The proposed zoning will 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 to develop multifamily versus the present zoning of mixed use will have a different impact on traffic it is not known without a traffic study the difference between the potential commercial or residential traffic.
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. There may be an increase in potential future students depending on the family dynamic that may inhabit the new 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 is estimated to 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 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, as well as compatible residential connection to the south portion of the property that is currently NX3 and under development.
8. Does the new zoning consider the character of the district and the peculiar suitability of the property for particular uses?
The proposed zoning considers 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 new proposed NX3 zone on the norther portion of the parcel will allow an additional housing choice that is similar to the adjacent Hunters Point apartment complex to the west, and the south half of the property currently under construction with the NX3 zone.
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. The new zone will allow development of the property in continuity with the southern half of the parcel already under construction with the NX3 zone restrictions.
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 Billings. There are similar developed property in the area including multifamily apartments and two unit condominiums, as well as other developed properties as single family and commercial offices. The proposed zoning and uses will allow the property owner to develop at it's highest and best use according to developed surrounding property uses. This is an appropriate infill for the property as multifamily development that is compatible to the developed parcels in the area.