This is 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.

Special Review applications are reviewed using City Code criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not require an ordinance for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.
 

City Council may:

• Approve the request;
• Conditionally approve the request;
• Deny the request;
• Allow the applicant to withdraw the request; or
• Delay action on the request for up to 30 days.

APPLICATION DATA
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

The Planning Division reviewed the application and recommended conditional approval to the City Zoning Commission. The City Zoning Commission concurred with this recommendation based on the findings of the 3 review criteria for 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 per BMCC 27-1503: 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 criterion because the Planned Development adopted by the City Council has 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 second criterion because 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. 

• 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 criterion; 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.

If the special review is approved, the property will be developed and contribute to the City's tax base. If the special review is not approved, the property may remain un-developed in the near future

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 Zoning Commission conducted a public hearing on April 3, 2018, and received the staff recommendation.

Commissioner Mariska stated developments like this cause concern for traffic flow. He stated it is easy to move east and west, but not north and south in this area. Commissioner Boyett questioned whether a traffic study would be required. Zoning Coordinator Nicole Cromwell explained the Engineering Division will require a traffic study, but that process does not precede the special review request.

Gary Owen with Sanderson Stewart presented on behalf of the applicant. He stated the request would allow for 237 units in total. He mentioned the density with 237 units is higher than identified in the Planned Development Agreement for this parcel, but the overall development would not exceed the density limit. He believes this development is in accordance with the City of Billings Growth Policy and is a cost effective use of infrastructure. Bill Hanser, who is associated with the project, stood to speak regarding density. He stated the shift in density for this parcel allows parks, open space and trail connectivity. Darcey Frewin spoke in favor of the proposal. She believes by adding more services on the west end traffic congestion will be alleviated since residents will not have to travel downtown for services. She believes this is a good idea. Brad Hart spoke neither in favor nor opposition of the development. He had questions regarding the alignment of Monad Road. Staff clarified the alignment of Monad Road was determined with the originally approved Planned Development. Mr. Hart added he believes its critical for roads to be built.

The Zoning Commission closed the hearing and a motion was made by Commissioner Mariska to recommend conditional approval and adoption of the 3 criteria for Special Review 963. The motion was seconded and the Commission voted 3 in favor and none opposed to the motion.
 

The Consistency with Adopted Plans and Policies is discussed in the Alternatives Analyzed section above.