City Special Review 963- Lenhardt Square PD – Georgina Drive – Multi-family – A special review request to allow the construction of more than 4 attached dwelling units in the PD-MF-4 zone on C/S 2063, Parcel 2A in the Lenhardt Square Planned Development, a 19.13 acre parcel of land. The special review is required by Article IV.G of the PD zoning district. The proposed development will contain five (5) 5-unit buildings and two (2) 86-unit buildings. The total proposed number of dwelling units is 237 on the 19.13 acres. Presented by Monica Plecker, Planning Division Manager

Planning staff recommends conditional approval of five (5) 5-unit buildings and two (2) 86-unit buildings and adoption of the 3 criteria for Special Review 963.

OWNER: Lenhardt Farm, LLC, Lenhardt Enterprises, LLC, Lenhardt Property, LP
AGENT: Sanderson Stewart
LEGAL DESCRIPTION: COS 2063, Parcel 2A
ADDRESS: West of S 44th St West and north of Georgina Drive
CURRENT ZONING: Planned Development MF-4
EXISTING LAND USE: Vacant/Agricultural
PROPOSED USE: Residential Multi-Family
SIZE OF PARCEL: 19.13 acres

There are no concurrent applications.

In 2008, the City Council approved Zone Change 862 which changed the zoning of the subject property from A-1 to Planned Development.

NORTH:	Zoning: Agricultural Open Space (A-1) Land Use: Agricultural
SOUTH:	Zoning: Planned Development (PD) Land Use: Agricultural and multifamily apartments
EAST:	Zoning: Planned Development (PD) Land Use: Multi-family
WEST:	Zoning: Agricultural Open Space (A-1) Land Use: Agricultural

This is a special review request to construct five, 5-plexes and two 86-unit apartment buildings on Parcel 2A of  C/S 2063 in the Lenhardt Square Planned Development. This site is located north of Georgina Drive and west of Monad Road. The property is currently farmed. In 2008, the property was zoned to a Planned Development and annexed into the City. Adjacent properties to the south and east are also parcels within the Planned Development and identified as future multi-family housing which includes condominiums, townhomes and multifamily apartments. Apartments have already been constructed east and west of South 44th Street West on the parcel south of the subject property.  The property to the north and west is presently farmed and zoned Agricultural Open-Space and remains outside of city limits.  

The Planning Division has reviewed this application and is recommending conditional approval of five, 5-unit buildings and two 86-unit buildings. Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria: 1) The application complies with all parts of the Unified Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Unified Zoning Regulations and the 2016 Growth Policy, and 3) the application is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts.
 
This application conforms to the first criteria in so far that the Planned Development adopted by the City Council have designated all multi-family units in excess of four dwellings as an allowable use so long as they go through the special review process.

The application meets criteria from the second requirement as it is consistent with some of the objectives of the 2016 Growth Policy:

• Essential Investments: Infill development and development near existing City infrastructure may be the most cost effective.

The proposed special review will promote development of a residential parcel in a residential neighborhood and has easy access to City services and infrastructure. This will provide an additional housing choices to residents within the neighborhood and throughout the west end.

• Strong Neighborhoods: Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels. Implementation of the Infill Policy is important to encourage development of underutilized properties.

The proposed development will provide housing choices for residents of Billings and allow for better use of the property.  Conditions of approval will be proposed to insure this development does not impact neighbors with excessive noise, light and other intrusions.

• Home Base: A mix of housing types that meet the needs of a diverse population is important.

The proposed special review will support a new housing option in this established neighborhood.

The application also meets the third criteria, staff has found the special review is compatible with surrounding land uses. The property is annexed and located within an already approved PD which contemplates a variety of housing choice including multi-family. The adjacent parcels to the south and east are currently developing as multifamily housing.

The Planned Development requires that additional factors be considered:
1. The proposed use is consistent with the terms, intent, and objectives of this Agreement.
2. The proposed use is compatible with surrounding uses.
3. The proposed use is not detrimental to other property in Lenhardt Square, whether it is currently developed or not.
4. The proposed use complies with other provisions of law and ordinances of the City of Billings.
5. Reviewer has given his written consent to the special use.
6. The proposed use will not attract large volumes of vehicular traffic or create traffic congestion that cannot be properly managed and regulated with traffic control equipment.
7. The proposed use is of similar architectural scale to existing development in the neighborhood.
8. Minimum visual and functional conflict will be created between the proposed use and nearby uses.
9. Anticipated noise and congestion created by the proposed use will be comparable to the levels created by other uses permitted on that unit.

The applicants agent has prepared a narrative describing how these factors are met. The narrative is included as an attachment to this report. Upon review, staff is in agreement with the findings related to the 9 factors of consideration.

The Planning division recommends conditional approval.
PROPOSED CONDITIONS
1. The special review approval is limited to Parcel 2-A of COS 2063.
2. The special review is for the construction of two apartment buildings and five, 5-plexes with associated open space and parking for the building residents.  No other use is intended or implied.
3. The developer will meet the minimum required landscaping and parking requirements as outlined in the Planned Development Agreement.
4. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings, regulations and ordinances that apply.

**NOTE** Approval of this Special Review does not constitute approval of a building permit, sign permit or fence permit. Compliance with all applicable local codes will be reviewed at the building permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The Planning Division points out that the use and development of the property must be in accordance with the submitted site plan.

Zoning Commission Action
The City Zoning Commission shall make a recommendation to the City Council to:
1. Deny the application for a special review use.
2. Grant the application for a special review use.
3. Conditionally grant the application for a special review use.
4. Delay action on the application for a period not to exceed thirty (30) days.
5. Give reasons for the recommendation.

Before approving a special review use, the Zoning Commission shall find that the contemplated use:
1. Complies with all requirements of this Article (27-1500);
2. Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan;
3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.

Further the Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following:
1. Street and road capacity;
2. Ingress and egress to adjoining streets;
3. Off-street parking;
4. Fencing, screening and landscaping;
5. Building bulk and location;
6. Usable open space;
7. Signs and lighting; and/or
8. Noise, vibration, air pollution and similar environmental influences.