This is a request to allow the construction of two, 4-plex multi-family dwellings in a Residential 6,000 (R-60) zone on the north 150 feet of Lot 1 in Wolf Subdivision, a 20,250 square foot parcel of land.  The property is owned by Jeremy Freyenhagen. The property is vacant and is generally located on the south west corner of the intersection of Boulder Avenue and Rehberg Lane. The Zoning Commission conducted a public hearing on November 5, 2013, and is forwarding a recommendation of conditional approval on a 4-0 vote.

The Planning Division reviewed this application and recommended conditional approval to the Zoning Commission based on the three criteria for special review uses. The Zoning Commission concurred with the recommendation. 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, in so far, that it is in a district that allows multi-family dwellings by special review. The proposed dwellings meet the required setbacks, lot coverage maximum and building height. The footprint of the buildings will cover approximately 30% of the lot, the parking lot area is approximately 5,200 square feet and the remaining area will be landscaping. The application is conforming to the purposes of the regulations, the 2008 Growth Policy and the Billings Infill Policy (December 2011).   
 
The application also conforms to the third criteria and conditions of approval are recommended to mitigate any potential impacts to surrounding property. The building does not exceed lot coverage and meets the required front, side, and rear setbacks. The proposal is consistent with goals of the 2008 Growth Policy and the Billings Infill Policy, specifically the recommendation to encourage re-development of under-utilized land, encouraging compatible uses and avoiding leapfrogging development beyond city services. The Zoning Commission 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 north 150 feet of Lot 1 Wolf Subdivision generally located at 3010 Boulder Avenue.  
2. The special review approval is for the construction of two, 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. Exceptions to this requirement are allowed for porch or entry doorway lighting. The maximum height of any light pole in the outdoor areas shall be 15 feet above grade.
5. No construction or demolition activity will occur before 7 am or after 8 pm daily.
6. 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.
7. The site will be developed in substantial conformance with the submitted site plan including landscaping, parking and building locations.
8. 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.
9. 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.

There should be no financial impact to the city from approval of the special review request. If approved, city building permit fees will be paid at the time a permit is submitted and will cover the cost of those permitting services. Development of the property will add taxable value to the city's tax base after the project is constructed.

 This is a request to allow the development of two, 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 8 units on the 20,250 square foot parcel at the corner of Boulder Avenue and Rehberg Lane. The property is currently vacant. The submitted site plan shows 1 drive approach to the property from Rehberg Lane, with a shared parking lot and a storage building. There will be no covered parking spaces. The applicant states the intent is to provide independent dwelling units for mentally or physically challenged adults. The two 4-plex structures will have front entries that face a common courtyard west of the shared parking lot. The shared storage building will be on the north east corner of the property. This area between the BBWA canal and Colton Boulevard is zoned R-60 and there are several large multi-family developments on Boulder Avenue as well as on the north side of Colton Boulevard. The applicant will be responsible for street improvements along Boulder Avenue and will build the new drive approach on Rehberg Lane. Solid waste service will be located on the south east corner of the parking lot.
 
The zoning surrounding the site is R-60 to the north, south and west. To the east across Rehberg Lane is R-96 zoning and is developed for single family dwellings. Rehberg Lane is a collector street and carries approximately 9,410 vehicle trips per day. The Rimview Apartments are approximately 1 block north and west of the subject property. There are several 4-plex and 6-plex apartments in addition to the Rimview Apartments. Two 4-plex dwellings are not out of character for this neighborhood and this proposal is supported by the city’s Infill Policy and 2008 Growth Policy.

The City Zoning Commission conducted a public hearing on November 5, 2013, and received the Planning staff recommendation, testimony from the applicant, Jeremy Freyenhagen, and 3 surrounding property owners. The applicant provided written testimony in favor of the project from a surrounding property owner (attached).

Mr. Freyenhagen stated he is now the sole owner of the property and the Raymond Weber Trust is no longer the owner. He stated he spoke to a few of the surrounding owners before the hearing and many of their concerns related to the lack of maintenance and care provided by the previous owner. Mr. Freyenhagen stated he lives a few blocks away and has been interested in the land for some time. He stated he has an adult daughter with special needs and has not been able to locate a suitable apartment for her to rent. He stated his daughter is capable of living on her own but needs a safe and secure location tailored for her needs. He stated he is a coach with Special Olympics and has met many families in the same situation. He stated these special needs adults do not need daily assistance but do need a place with access to shopping and public transportation. Mr. Freyenhagen stated he has looked at several apartments in the area but the locations did not meet his daughters needs. He stated when this land became available, he purchased it with idea of providing an independent living space for his daughter, her friends, and others with similar needs. He stated it would not be restricted to special needs so anyone who wanted to and could afford the rent could live in the new apartments. He stated each apartment is designed for 3 bedrooms and the units would face each other across a central courtyard. He stated the construction would be similar to surrounding newer apartments with 2-stories but no interior garage space. He stated he is providing the required off-street parking in a central parking lot accessed off Rehberg Lane. He stated he would install the required street improvements along Boulder Avenue and the curb cut for the driveway off Rehberg Lane. He stated 1 of the 8 units would be for an on-site manager so residents would have immediate access 24-hours a day in case of a problem. He stated if the special review is approved he would start construction in the spring of 2014 and finish about 1 year from now. In response to a question from the Zoning Commission, Mr. Freyenhagen stated he intends to install some privacy and security fencing along the west and south sides of the property and maybe along the Boulder Avenue frontage. Mr. Freyenhagen presented a letter in support of the special review from Lee and Bell Cathrine Rusch of 3014 Colton Boulevard.

Thomas Dennis of 2230 Boulder Avenue testified on behalf of the owners of 3025 Boulder Avenue, Judy and Allen Kirkwood, who were unable to attend the hearing. Mr. Dennis stated the Kirkwoods are opposed to the application because of the potential impacts to Boulder Avenue, a street in extreme disrepair. He stated he understood the desire of the applicant as he was involved in the March of Dimes and is a retired plumber himself. He stated the residents of Boulder Avenue petitioned the city and the school district last year to do something about the school traffic that has a severe impact on their neighborhood. Mr. Dennis stated it does not appear anything has changed. He stated Boulder Avenue is cluttered by on-street parking including from the surrounding apartments and then the school traffic. He stated the Kirkwoods believe there is already enough multi-family housing in the area and these 2 new four-plexes are not needed. Mr. Dennis stated the Kirkwoods' home was broken into last year. He stated with all the turnover in the surrounding apartments it is difficult for long-term residents to know who belongs in the neighborhood and who does not belong and may be there to rob someone's home. He stated the Kirkwoods are concerned with impact to schools and the traffic on Rehberg Lane and Boulder Avenue. He stated there are several apartment complexes in the area that cater to special needs adults. He stated the Kirkwoods believe the lot is more suitable to a duplex than 2 four-plexes.

Diane Burke of 3016 Boulder Avenue testified against the special review. She stated she lives directly west of the subject property and has lived in the neighborhood for many years. She stated she fought the proposed 10-plexes across the street and those were denied. The Council then approved 3011 Boulder Avenue for 2 eight-plex buildings. She stated these are "party" apartments and the maintenance on this property has been poor. She stated she has called the police before because the owner plows the snow out of the parking lot at 3011 Boulder out and then across the street. She stated she was very concerned with pedestrian safety on Boulder Avenue since there are no sidewalks. She stated just last year a pedestrian was hit at the intersection of Colton Boulevard and Rehberg Lane. 

Lois Morrison of 3019 Colton Boulevard testified in opposition to the proposal. She stated she lives in a 4-plex townhome and appreciates the need for additional housing in the area. She did not see how this proposal could fit in with the already heavy traffic on Rehberg Lane.

Wayne Schuster of 2306 Rehberg Lane testified in opposition to the special review. He state the 3-bedroom units could add up to 24 new residents - or more- in the area. He stated 2 four-plexes on this lot would be overbuilding the capacity of the lot. He stated although the parking meets the city's minimum requirement of 12 spaces, if the units each have 3 adults, the parking lot would be too small. He stated getting in and out of the parking lot on Rehberg Lane will be a nightmare with the steady and speedy traffic. He stated he does not understand how a garbage truck could get in and out of the lot to pick up a dumpster. He stated there are better uses for the lot such as a new school, daycare or church. 

Mr. Freyenhagen provided rebuttal testimony to the concerns on traffic and schools. He stated he intends to provide the street improvements for Boulder Avenue along his property frontage which is more than other properties have provided. He stated he will not have a vehicle access on Boulder Avenue but on Rehberg Lane. He stated the streets should be able to accommodate the additional traffic. He stated there will be additional cars on Rehberg but it is difficult to quantify given his intent for the units. He stated most if not all the units will not have school age children, so there should be little impact to the school district or to school traffic on Boulder Avenue. He stated his intent was to provide safe, convenient, and desirable housing for his daughter and others like her but this is not a subject that should have bearing on the zoning request. He stated the project is similar in character to the surrounding neighborhood and he intends to construct the buildings to fit in with the neighborhood. He stated he has no issues with the proposed conditions that will mitigate any potential for conflict with surrounding properties. He stated the solid waste collection and disposal will be in line with the city's policy and practice for similar apartments. He stated these will not be subsidized apartments and will rent for $850 to $900 per month. 

The Zoning Commission Chairman, Leonard Dailey, Jr., closed the public hearing. Member Dan Wagner made a motion to recommend conditional approval to the City Council and accept the findings for the 3 criteria for the requested special review. The motion was seconded by Member Barbara Hawkins. Chairman Dailey stated the proposal is about the zoning and the compatibility of the project with the surrounding area and not about who may rent these new apartments. He stated the traffic impacts will be on Rehberg Lane and should not affect Boulder Avenue. He stated he thought the proposal was consistent with the area and the conditions are agreeable to the applicant. The Zoning Commission voted 4 in favor and none opposed to the motion

The consistency with adopted plans and policies is discussed above in the Alternatives Analyzed section of this report.