On October 1, 2012, subdivider, Stock Development, applied for preliminary major plan approval for Amended Lots 1 & 2, Block 1, Lenhardt Square Subdivision, 1st Filing. The proposed subdivision for rent or lease creates 320 residential rental units in 4 buildings on two lots. The subject property is generally located on the north side of King Avenue West, just east of S. 44th St. West, and south of Monad Drive. The property is zoned for Multifamily Apartments (MF-R) within the Lenhardt Square Planned Unit Development (PUD). One variance from the City Subdivision Regulations has been requested, as described further in this report. The Yellowstone County Board of Planning reviewed the proposal and held a public hearing on November 27, 2012. Sanderson Stewart is the representing agent.

In accordance with state law, the City Council has 60 working days to act upon this major preliminary subdivision for rent or lease application; the 60 working day review period for the proposed plan ends on January 2, 2013. State and City subdivision regulations also require that preliminary plats be reviewed using specific criteria, as stated within this report. The City may not unreasonably restrict an owner’s ability to develop land if the subdivider provides evidence that any identified adverse effects can be mitigated. Within the 60 day review period, the City Council is required to:

1. Approve;
2. Conditionally Approve; or
3. Deny the Preliminary Subdivision for Rent or Lease application.

Should the City Council approve the preliminary subdivision for rent or lease plan, the subject property may further develop under private ownership, resulting in additional tax revenues.

General location: Southeast corner of Monad Rd. and S. 44th St. West

Legal Description: Lots 1 & 2, Block 1, Lenhardt Square Subdivision, 1st Filing, located in the S 1/2, Section 10, T1S, R25E

Owner/Subdivider: Stock Development, Mike Stock, Pres.

Engineer and Surveyor: Sanderson Stewart

Existing Zoning: PUD with underlying MF-R

Existing land use: vacant

Proposed land use: multi-family residential

Gross and Net area: 15.6 acres/ 14.4 acres

Proposed number of lots: 2 lots / 320 dwelling units

Lot sizes: Max: 7.3 acres
Min.: 7.1 acres

Parkland requirements: Parkland dedication was planned for the entire PUD during the 2008 master planning process. The subject property is proposing to provide a 10-foot wide parkway easement in accordance with the master plan (see Attachment).

Variance requested: A variance from Section 23-406.B.11, BMCC, which requires that ‘collector’ streets be designed to accommodate speeds of 35 miles per hour. Due to the design geometrics of the curve on Monad Road as it heads south, this variance is required. The developer’s request and staff analysis are found in the Attachments.

A public hearing was conducted by the Yellowstone County Board of Planning on November 27, 2012. Property owners adjacent to the subject property were notified by certified mail of the hearing and a legal notice was published in the Billings Times.

Two representatives from the West End neighborhood task force attended the meeting and spoke in opposition to elements of the proposal. Specifically, they were concerned about the design of Monad Road as it does not continue in a direct east/west course, but curves and heads south connecting to 44th Street West and out to King Ave. West. They felt it is important to preserve the street grid and desire Monad Road to continue straight across the top of the PUD. There was great deal of discussion by the Planning Board about the Functional Classification Map (part of the 2009 Urban Area Transportation Plan), and the purpose of Monad as a collector street at this location. There was concern about funneling the traffic from Monad east of Shiloh through this subdivision.

A representative of the Lenhardt Square Master Association (the association responsible for administering and enforcing the CCRs and other private development standards for the subdivision) attended the public hearing to give additional background on the PUD and spoke in favor of the development. The representative also indicated that the street layout for Monad and S. 44th St. West was carefully analyzed and considered during the original master planning process and that it follows the current Functional Classification map. She indicated that the Master Association has given approval to the general layout of the site plan, but they are still reviewing the site specific details such as landscaping and building elevation design to ensure compliance with the CCRs. 

Consistency with the Growth Policy, the Transportation Plan 2009 Update, and Billings Area Bikeway and Trail Master Plan are discussed within the Findings of Fact.