On May 1, 2013, subdivider, BrookWater Advisors, Tom Sroufe, Managing Partner, applied for preliminary major plan approval for West Park Apartments. The proposed subdivision for rent or lease creates 96 residential rental units in 4 buildings on Tract 2A-3 of Partington Park Subdivision, Fifth Filing. The subject property is generally located on the southeast corner of the intersection of Avenue D and 17^th Street West.  The property is zoned Community Commercial (CC) and is surrounded to the south and east by the West Park Promenade and Sears.  The Yellowstone County Board of Planning reviewed the plat and conducted a public hearing at its June 25, 2013, meeting.  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; the 60 working day review period for the proposed plan ends on July 26, 2013. State and City subdivision regulations also require that preliminary plans 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 Plan

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

General location:                                Southeast corner of Avenue D and 17^thStreet West
 
LegalDescription:                              Lot 2A-3, of Amended Plat of lot 2A-1, Partington Park Subdivision, 5^thFiling, located in the SE ¼, Section 36, T1N, R25E
 
Owner/Subdivider:                             West Park Shopping Center, LLC (c/o MK Property Services, LLC), owner; BrookWater Advisors, LLC, Thomas Sroufe, Managing Partner, subdivider
 
Engineer and Surveyor:                      Sanderson Stewart
 
Existing Zoning:                                 Community Commercial
 
Existing land use:                               vacant under-used parking area
 
Proposed land use:                             multi-family residential

Gross and Net area:                           3.83 acres
 
Proposed number of lots:                   1 lot / 96 dwelling units
 
Parkland requirements:                      Parkland dedication requirement of 0.421 acres will be met by the provision of a park area (0.464 acres) for the benefit of the residents.

A public hearing was conducted by the Yellowstone County Board of Planning on June 25, 2013. 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.

The owners of the adjacent property at 1702 Avenue C spoke regarding concerns about the traffic issues that they already experience on 17th Street West, with peak-hour traffic backing up to the their driveway at Avenue C from the corner at Grand Ave. They felt that with the additional traffic from this development, conditions would become even worse. Also, they were concerned that Avenue C would become more heavily used, though it is a residential street with families and children living along it.

Also expressing concerns were two representatives of adjacent businesses. The building on the southeast corner of 17th Street West and Avenue D is owned by the State Mental Health Center. This building, which is directly adjacent to the proposed new development, currently rents parking spaces from the owner of the proposed development and would have to give up those spaces if the project moves forward. They have a significant shortage of parking on their lot to serve the employees and clients of the Center with only 16 spaces. It was not clear if the staff from the State Mental Health Center had contacted the property owners of the proposed development to see what future parking options might be available to the State Mental Health Center staff and clients.

The other concerned neighbor was representing the Plaza office complex on the north side of Avenue D, directly across from Avenue D access to this property. She was concerned that the proposal was not providing enough parking for its future residents, with only 1.69 spaces per unit. She felt there should be two spaces per unit and several more spaces available for adjacent businessses. She also expressed concern over the current traffic issues.

The applicant's architectural and engineering representatives spoke to these issues, indicating that City Traffic Engineering staff did not have any mitigation requirements for the traffic that would be created by the new development.  They indicated the residential use would have no greater, and perhaps less, of an impact on traffic than the commercial use that it would be replacing. Staff pointed out that the parking being provided exceeds the City Code requirement and the units proposed are a mix of studio, one bedroom, and two bedroom apartments being marketed to young professional tenants who have a greater interest in walking, biking and public transit. 

Based on the comments received, the Planning Board indicated concern about the traffic situtation at this site and voted to recommend a condition of approval that requires the applicant work with City Traffic Engineering to verify that no mitigation measures need to be employed for the project. The Planning Board indicated that because the site is providing above and beyond its required parking, that it should not be held responsible for the possible parking needs of others in the vicinity.  

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