This is a request to allow the construction of three, 4-plex multi-family dwellings in a Residential 6,000 (R-60) zone on Lots 16-18, Block 2, Broadacre Subdivision, a 27,950 square foot parcel of land.  The property is owned by Bonini Enterprises, LLC and the agent is EEC, LLC. The applicant has submitted a concurrent lot area variance to the Board of Adjustment and staff is recommending approval of the variance. The applicant proposes to construct three 4-plex dwellings on the property west of the intersection of 10th Street West and Wyoming Avenue. The Zoning Commission conducted a public hearing on August 6, 2013, and is forwarding a recommendation of conditional approval based on the 3 criteria for special reviews on a 3-0 vote.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with this recommendation based on the 3 criteria for special reviews. 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 2008 Growth Policy, and 3) 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 because the property is in a zoning district that allows multi-family dwellings by special review. The proposed dwellings meet the required setbacks, lot coverage maximum and building height. The applicant will use the alley as an access for 6 of the dwellings to access off-street parking. Two of the buildings will have driveways off the adjacent street and there will be enclosed garage spaces and surface parking for each building. Landscaping is proposed for the remainder of the site. The application conforms to the purposes of the regulations, the 2008 Growth Policy and the Billings Infill Policy (December 2011),specifically the recommendation to encourage re-development of under-utilized land, encouraging compatible uses and avoiding leapfrogging development beyond city services.  

The application also conforms to the third criteria and conditions of approval are recommended to mitigate any potential impacts to surrounding property. Planning staff is recommending conditions for this special review based on the approval criteria for special review uses.
PROPOSED CONDITIONS
1. The special review is limited to Lots 16-18, Block 2, Broadacre Subdivision generally located at the intersection of Wyoming Avenue and 10th Street West. 
2. The special review approval is for the construction of three, 4-plex dwellings and no other use or development configuration is intended or implied by this approval.    
3. Any expansion of the proposed building or off-street parking greater than 10 percent of  what is shown on the submitted site plan will require an additional special review  approval.
4. All exterior lighting, including security lighting shall have full cut- off shields so no part of the fixture or lens projects below the cut-off shield. The  maximum height of any light pole in the outdoor areas shall be 15 feet above grade. Exceptions to this requirement are allowed for porch or entry doorway lighting.
5. No construction or demolition activity will occur before 7 am or after 8 pm daily.
6. The applicant/owner properly maintain and trim any new trees planted on the property. New trees shall not be any of the following species: Carolina poplar, other populus subspecies including any variety of aspens, elms, lombardy poplar, silver leaf poplar, weeping willow, or box elder. The trees will be continuously maintained and replaced as necessary by the owner.
7. Any centralized solid waste storage shall be enclosed by a wall on 3 sides and a closing  gate or gates. The wall and gates for the solid waste storage shall be similar or  complimentary in color to the adjacent buildings and shall be sight-obscuring. The wall  and gates shall be tall enough that no part of the interior dumpster(s) are visible from the  outside. 
8. The site will be developed in substantial conformance with the submitted site plan –  Option A - including landscaping, parking and building locations.
9. These conditions of special review approval shall run with the land described in this  authorization and shall apply to all current and subsequent owners, operators, managers,  lease holders, heirs and assigns. 
10. 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.

Approval of the special review will raise the property value of these vacant lots. City service fees will be increased from the vacant rate to the developed rate when the property is developed.

This is a request to allow the development of three, 4-plex multi-family dwellings in an R-60 zone. The city requires a special review for this use in the R-60 zoning district. The applicant is proposing to construct a total of 12 units on the 27,950 square foot parcel at the corner of 10th Street West and Wyoming Avenue. The property is currently vacant. The applicant has submitted 2 site plans but prefers to construct the site in accordance with the site plan labeled Option A. The Planning staff agrees that Option A is the preferred site layout. It provides drive approaches from Wyoming Avenue and 10th Street West to garages and parking pads in front of those garages. Six of the proposed dwelling units will have garage access from the alley. The alley will be paved to accommodate this traffic. This is more compatible with existing residences. Option B shows an internal parking lot with access only from the alley. The 12 dwelling units will be in 3 separate structures and 2 will be facing Wyoming Avenue and 1 will face 10th Street West. Wyoming Avenue has single family and 2-family homes and is zoned R-60 on both sides of the street. There is 1 lot developed with multi-family dwellings on the west end of the block. The applicant will extend city street improvements along Wyoming and 10th Street West including sidewalks curbs and gutters. The applicant intends to build a variety of floor plans within each building to accommodate the market demand for apartments. Solid waste service will be located in the alley.

The zoning surrounding the site is R-60 to the north and west. To the south and east is CC zoning and these properties are developed for commercial and retail uses. The commercial properties on Broadwater Avenue have undergone changes in use and renovations in the past decade. Single family and 2-family dwellings are pre-dominant on Wyoming Avenue although there are a few multi-family dwellings within 2 blocks of this property. Three 4-plex dwellings are not out of character for this neighborhood and is supported by the city’s Infill Policy and 2008 Growth Policy.

The Zoning Commission conducted a public hearing on August 6, 2013, and received the Planning staff recommendation and testimony from the applicant, Joe Bonini and the agent, Eggart Engineering. The Zoning Commission received written testimony from Merry Lee Olson from the YWCA on 9th Street West. 

Mr. Quentin Eggart of EEC, agent for the applicant, testified in favor of the application. Mr. Eggart stated he had reviewed the written testimony of the YWCA and will address each requested condition. He stated the city will require the applicant to pave the alley since 1 of the buildings will have access to the alley. He stated the applicant will provide upgrades to the south half of Wyoming Avenue in front of the property and on the west half of 10th Street West. The improvements will include curb, gutter, sidewalks and pavement. The applicant will handle all new storm water on-site and retain a 50-year storm event. He stated the applicant wants to proceed with the Option A site plan as this allow 4 driveways (2 off each street) to the garages. Mr. Eggart stated City Engineering has given preliminary approval for the driveways. He stated the first requested condition from the YWCA requested 1.5 parking spaces per unit. Mr. Eggart stated they are providing 41 off-street spaces which includes the garage spaces for the proposed 12 dwelling units. Mr. Eggart stated the 2nd requested condition by the YWCA had to do with restricting on-street parking on 9th Street West and the 900 block of Wyoming. He stated the proposed project should have no impact on this area and this condition should not be imposed. He stated the 3rd condition proposed by the YWCA will be met as new sidewalks will be required on the property frontage on 10th Street West and Wyoming. He stated the 4th YWCA proposed condition is to meet the minimum landscaping standards and the applicant proposes to landscape the entire lot that is not covered by buildings or parking spaces. He stated the 5th condition proposed by the YWCA does not make construction sense. The proposed 2-year time limit for completing the construction is too short for this number of buildings and site improvements. In addition, Mr. Eggart stated the applicant may want to space the building construction over a 3-year period or 1 building per year. Mr. Eggart stated the proposed 6th condition by the YWCA is for storm drainage issues 1 block east of the property. He stated any development of the west side of 10th Street West will have no effect at all on the drainage problems on 9th Street West and Wyoming Avenue.

Joe Bonini of 8470 Longmeadow Drive, testified in favor of the application. He stated he was aware of the neighbor's concerns with the erosion and storm water control. He stated he intends to do all the required site and street improvements so the property can be a good infill project. He stated he has done several smaller infill projects in Billings and all have been successful. He stated the project will add a lot of value to the area and there will be no negative impacts.

Chairman Dailey closed the public hearing. Member Boyett moved to recommend conditional approval and adoption of the findings of the 3 criteria for special reviews as proposed by Planning staff. The motion was seconded by Member Wagner. Member Wagner stated these lots have been vacant for a very long time. He stated this is a great infill project and something the city needs more of in the future. The motion carried on a 3-0 vote. 

The consistency with adopted plans and policies is discussed in the Alternative Analyzed section above.