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 Planned Development. Adjacent properties to the north and west are also parcels within the Planned Development.  The maximum allowed height in the East 80 Cardwell Ranch PD Design Guidelines for all buildings is 40 feet. The reason for the request is to provide a roof design that complies with the aesthetic intent of the Cardwell Ranch Design Guidelines. A lower height requirement would create roof-lines that are not in proportion with the overall architectural design that is intended under the Cardwell Ranch PD design standard.  

The purpose of the second part of the variance request was to waive the number of parking spaces required with a 20% increase when assigned spaces are included. The off-street parking code (Section 27-1300) requires a multi-family development parking lot to increase the number of surface parking spaces by 20% whenever some of those surface parking spaces are assigned to specific tenants or owners. The initial site plan submitted with the public hearing staff report on June 1, 2022, shows surface parking spaces in front of enclosed garages and those spaces are considered "assigned". The applicants original request was a variance from this increase.  As requested by the BOA, at its June meeting, Planning and Engineering staff have been working with the applicant to resolve the parking shortage without requiring a variance approval, details of the results of those communications are listed in the "Stakeholders" section of this report.

The request for increase in maximum height is consistent with the intent of the PD and will allow flexibility in architectural design. After communication with the applicant, their agent, and Engineering staff, the applicant has a solution to their parking requirements and is requesting the BOA allow them to withdraw the parking variance portion of their application.
 

On June 1, 2022, the Board of Adjustment held a public hearing and voted unanimously to continue the hearing to the July 6, 2022 meeting at the request of the applicant. No members of the public spoke at the hearing and the Board heard from the applicant. The BOA asked the applicant to prepare additional options for parking and asked staff to clarify the actual number of spaces needed for the development, as well as clearly describe the terms of the PD agreement in place and what was required of the applicant for the development.  After discussion with the applicant and City Engineering staff, Planning staff worked with the applicant to provide an updated site plan (in attachments), depicting the parking plan that would be in conformance with the parking requirements under the Zoning Code as well as the PD agreement for the development.  The following is what has been determined by staff as adequate parking and is depicted on the site plan. Though the off-street spaces are shown, it should be noted 10 additional spaces will be accounted for through additional transit passes and on-street parking along 30th street west.

Required:
Parking is required at 1.5 spaces per Dwelling Unit.
Guest parking is required at 1 space per 10 dwelling units.
The transit offset is 1 space per 1 pass not to exceed 20% (27-1303 D.1 (1 space reduction per pass))(27-1303D.2(a) transit offset shall not exceed 20% of the living units)
Garage spaces are not considered assigned, therefore no 20% assessment is required (27-1302 B.7 specific use of the word surface, also confirmed with Chris via Re:Code working group this was the intent. Garages are not assigned.)

Staff calculations:
Cardwell Ranch Living Units – 249
                Required Parking 1.5X249=373.5
Required Guest Parking – 249/10=24.9
20% Max Transit Offset – 249X0.2=49 spaces, proposed 21
Office Parking 4 spaces
Applicant proposed:
373.5-21(transit offset spaces)=352.5 or 353
Guest parking addition 353+25=378
Office space addition 378+4
TOTAL REQUIRED PARKING 382
Proposed parking not including on-street 372

As stated earlier, this calculation shows they are short 10 spaces. There are a few ways they can make up these 10 spaces. Additional transit passes or the use of 30th Street West for 10 spaces, or a combination of both.  It is staff's interpretation the PD agreement does not allow any “on street” parking within the Planned Development (section is attached), however, the 10 on street parking spaces could be allowed on 30th Street West.  Engineering Division staff have clarified the on street parking could be accommodated on 30th Street West meeting the 20 feet per parking space and the clear vision area restrictions at the intersection of Meadowview Drive and the Will James Middle School driveway.   The applicant is proposing a combination of additional transit passes and on street parking on 30th Street West to resolve the space shortage required.  They are requesting the BOA allow them to withdraw the parking Variance portion of their application.
 

Approval or disapproval of the proposed variance should not have an impact of the Planning Division budget.

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;
Applicant: Height - Our intention is to build a high-end apartment project within the Cardwell Ranch Project as shown in the attached site plan. It is our opinion that this particular location is ideal for a higher-end, ‘legacy’ project. The reason for the request for the variance is to allow for a 4-story building while still providing adequate room for architectural roof elements consistent with the existing and future development of Cardwell Ranch.  A 4-story product will provide a different, but complimentary, housing option within Cardwell Ranch. This land is peculiar in that it is governed by a Planned Development Agreement, and we are required, per the Development Agreement, to adhere to the “Cardwell Ranch Commercial Design Guidelines,” which specify a maximum height of 40’.  The Master Developer has agreed to this variance, as is evidenced by the signing of the variance request by Charles Yegen. 
Staff: Height - Staff agrees with the applicants' statement, although there are not any special circumstances that exist in this situation other than the Planned Development Design Guidelines restricting building height to 40 feet. The PD agreement in this case makes allowances for building height and design with a variance approval. Staff agrees that the additional 6 feet would not significantly affect the development or surrounding properties.

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;
Applicant: Height - The current plan has been reviewed by the Cardwell Ranch Design Review Committee, and they are in support of our plan and agree that it goes well with the overall development.  This project also aligns strongly with the goals of the City of Billings.  It will contribute a new and needed element to a developing community in Cardwell Ranch that will provide an interconnected neighborhood, complete with gathering places, parks, and a diversity of housing options. This is a provision of Current Design Guidelines and not necessarily a provision of the Current PUD requirements or similar zones.  Since the Design Guidelines are referenced in the PUD, I am told that, technically, a variance is required.   Another multifamily development within Cardwell Ranch has also been granted a similar height variance.
Staff: Height - Staff agrees with the applicant in that the Design Review Committee has given preliminary approval to the concept. There have not been any multifamily constructed within the PD, but a variance was approved on Lots 2, 3A, 4A, 5, 6A, & 7A, Block 2 in the Cardwell Ranch Subdivision under Variance 1337 in December 2021 to allow multifamily structures able to exceed the maximum height requirements up to 50 feet. Granting this variance allows the applicant to develop at an increased height not commonly enjoyed by others within the PD aside from the above variance.  There have been other property outside the Planned Development the Board of Adjustment has granted height variances for in other commercial or multifamily districts where multifamily uses are present (listed in history attachment).

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;
Applicant: Height - This is not technically a variance of the Zoning Code, but the PUD, which references the Master Development Design Guidelines.  Also, as stated above, a similar variance has been granted to an adjacent development.
Staff: Height - Staff agrees with the applicants reason. The variance will not allow the applicant any special privileges, a variance has been approved on Lots 2, 3A, 4A, 5, 6A, & 7A, Block 2 in the Cardwell Ranch Subdivision under Variance 1337 in December 2021, to allow multifamily structures to exceed the maximum height requirements up to 50 feet. The development is compatible with surrounding land uses which include a school to the south, a church to the east adjacent to single family residential, a medical office to the west and a commercial shopping center to the north.  This area of Grand Avenue and 30th is a diverse area and promotes a walkable community, desirable under the Growth Policy.   The property is located within an already approved PD which contemplates a variety of housing choices including multifamily as well as commercial development. Parcels to the east are currently developed as a medical office and commercial retail within the PD. The Cardwell Ranch Architectural Design Committee has reviewed the preliminary design for compliance with the PD design standards. 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;
Applicant: Height - This variance will allow for the construction of 4-Story product that will provide for a “choice of housing options” that will be complimentary to the adjacent multifamily development.  It will also allow for a more efficient use of the investment that the city has made on infrastructure and community services for that area. 
Staff: Height - The variance is in harmony with the general purpose and intent of the zoning regulations under the PD and the growth policy.  Approval of this variance would allow the applicant to complete the design of this portion of the planned development.  The proposed multifamily development itself is allowed under the PD, the additional height of 6 feet will not have a significant impact on the surrounding properties.  

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 Height variance request:
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 height variance would not allow a use that is not allowed in the zoning district – multifamily dwellings are allowed in the PD.