City Special Review #924 – Bench Boulevard: This is a special review to allow four, nine-plex multi-family buildings (36 dwelling units) in a Residential 6,000 (R-60) zone on Lot 4, Block 1, Chalice Acres Subdivision, a 1.98 acres parcel of land, generally located west of 1442 Bench Boulevard. The property received previous special review approval for 7 four-plex multi-family dwellings (28 units) in 2008.

The Planning Division is recommending denial based on the findings of the 3 criteria for Special Review 924.

OWNER: Kincaid Land LLC - Gene Culver
AGENT: William E. Smith, P.E. - Octagon Consulting Engineers
LEGAL DESCRIPTION: Lot 4, Block 1, Chalice Acres Subdivision
ADDRESS: 1400 Block of Bench Boulevard
CURRENT ZONING: R-60
EXISTING LAND USE: Vacant
PROPOSED USE: Four 9-plex multi-family dwellings (36 units)
SIZE OF PARCEL: 1.98 acres - 86,261 square feet

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This property received a previous special review conditional approval in 2008 (Special Review 856) for seven, 4-plex multi-family dwellings (28 units). The owner has not acted on this approval since 2008, except for the filing of the Chalice Acres Subdivision to create lots for the 3 existing homes along the Bench Boulevard frontage and this large vacant lot west of those homes. The subdivision provided 2 access easements for the large vacant lot anticipating the construction of the seven 4-plex multi-family dwellings. The owner now contemplates an additional 8 dwelling units and a re-configuration from 4-plex buildings to 9-plex buildings.

Prior to the special review in 2008, another special review was approved for one of the parcels subsumed by the Chalice Acres Subdivision. This special review would have allowed two 10-plex multi-family dwellings (Special Review 767). Since this parcel was integrated into the new subdivision, the owner can no longer act on this special review approval.

The City has considered several special review requests for multi-family dwellings in R-60 in Billings Heights since zoning was adopted in 1972. Fourteen applications have been made for this type of development; 3 have been denied and 3 have been withdrawn. Eight applications have been conditionally approved. Four of the 8 have been limited to 4-plex multi-family dwellings. The remaining 4 applications were approved for 5 to 10-plex multi-family dwellings. These 4 applications are located within the Eagle's Nest Subdivision west of Main Street.

NORTH:	Zoning: CC Land Use: Billings Heights Water District offices and Best Friends Animal Hospital
SOUTH:	Zoning: R-70 Land Use: Single family dwellings
EAST:	Zoning: R-70 and RMF-R Land Use: Duplex dwellings
WEST:	Zoning: HC Land Use: Volunteers of America - apartment complex

This is a special review request to allow 36 dwelling units in four, nine-unit buildings on Lot 4, Block 1 of Chalice Acres Subdivision. The property is approximately 2 acres in area and is located just west of 3 single family dwellings that have frontage on Bench Boulevard. To the west is the Volunteers of America apartment complex that has access to Main Street and is zoned Highway Commercial (HC). The subject property received a previous special review approval for 28 dwelling units in seven, four-unit buildings. The owner has a vested right to move forward with this previous approved plan, or with this new plan if it is approved by the City Council. The applicant could also accomplish 36 dwelling units by developing six, six-unit buildings and still meet the lot area requirements.

The applicant has submitted a site plan and a typical elevation of the proposed 9-unit buildings. The buildings would be 139 feet in length and 56 feet wide. The elevation plan shows 9 tuck-under garages on each front façade with a 2nd story living area above the garage. The proposed roof line is a 6:12 pitch with 3 gables shown on the front façade. There are no exterior front entrance doors for each dwelling unit. The elevation plan shows an exterior door on each end of the building to perhaps access a common interior hallway. A floor plan was not included with the submitted site plan. Recent examples of this type of apartment building configuration are included in the Site Photos attachment.

The applicant states the reason for the request is to construct 3-bedroom rental apartments based on a market analysis in Billings Heights. The applicant states the interior entrance from each garage to the living area will be more secure than a front door for each dwelling unit. The site plan shows a private road that loops around from Bench Boulevard. The proposed road is 34 feet in width with an 8-foot concrete apron in front of the garage doors that provide access to the buildings. The 8-foot apron is not deep enough to park a vehicle without blocking the proposed 4-foot wide sidewalk and part of the parking lane on the private road. It is likely residents will park on the apron in any case. The off-street parking regulations for the City of Billings require 1.5 parking spaces for each dwelling unit in a multi-family development where 2 or more bedrooms are provided in each unit. Each unit will have 1 garage space and there are enough parking spaces on the private road to provide at least an additional 18 parking spaces. The site plan shows 4-foot curb sidewalks in front of each building but no other sidewalks to connect out to Bench Boulevard. As stated above, these sidewalks will likely be blocked by cars parked in front of the garage doors. There is little usable outdoor space other than the private street. The larger spaces to the north of Building 1 and west of Building 3, as shown on the site plan, are scheduled to be used for storm water management and cannot be developed for outdoor activities. The east side of Building 4 is 15 feet from the rear property line of 1442 Bench Boulevard, a single family home. There is a 36-foot wide lawn area west of Building 2 that may have some suitability for outdoor activities if it is not needed for storm water management. 

The Planning Division has reviewed this application with other city departments and is recommending denial based on the findings of the 3 criteria. 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, the 2008 Growth Policy including any neighborhood plans, 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 zoning district, R-60, where multi-family dwellings are allowed by special review approval. In fact, a previous special review for 28 dwelling units in 7 multi-family dwellings has been conditionally approved for this property (2008). The form of the application is correct and the submitted site plan appears to be in conformance with site development and zoning regulations for the R-60 zoning district. There is a concern that the short concrete apron in front of the garage doors on each building will invite parking across the sidewalk and out into the parking lane of the private road. There is no indication on the site plan how solid waste service will be provided or collected. Typically, multi-family developments are required to have a central solid waste collection location that all residents use. The site plan shows no exterior fencing on the property boundary and no trees are shown on the landscape plan. The applicant submitted a Traffic Accessibility Study for the City Traffic Engineer to review. This review by the City is not yet complete. One of the recommendations of the report is to move the existing private driveways for 1432 and 1448 Bench Boulevard on to the new private road and to place stop signs where it intersects Bench Boulevard. (see Traffic Analysis Attachment).
 
The application does not conform to the second and third criteria. The zoning regulations adopted by the City Council have the purpose of promoting health, safety and general welfare and to implement the 2008 Growth Policy and the Billings Heights Neighborhood Plan. The proposed site plan placing 7,784 square foot buildings, 2 stories tall (28 feet) close to exterior property lines (10 feet minimum and 60 feet maximum) with 60 feet of concrete and asphalt between the front facades of buildings is not promoting the health, safety or welfare of the neighborhood. There are no 2-story structures to the north, east, or south of this property. To the west is the Volunteers of American apartment complex. This is a 3 story structure but it is 140 feet west of this parcel and 100 feet from the closest single family home on Winemiller Lane to the south. The single family dwelling at 1424 Bench Boulevard is 10 feet from the south property line of this parcel. This is a split level home that is oriented to the northeast. The site plan shows a 5-foot wide planting area next to this property line with "bushes and shrubs" but no fencing or other buffer between the south end of the new private road and the front of this single family dwelling. As stated previously, the applicant could accommodate the same number of units with fewer units per building (six 6-plex buildings).

Careful site design is necessary to ensure compatibility with adjacent uses. This site design has not been done carefully and details for landscaping, screening, storm water management, solid waste collection are incomplete or missing. A full 2-story structure in the mass and scale as proposed is not compatible with the surrounding uses. A 9-unit building could be designed that may fit within this neighborhood but it would not have a 140 foot façade without any front doors. The property is poised to provide a walkable neighborhood but sidewalks are only provided in front of the buildings and do not connect to any existing or proposed sidewalk on Bench Boulevard. The Heights Neighborhood Plan adopted in 2006 indicated the area between Bench Boulevard and Main Street should be developed with a mixture of housing choices and uses. This property has been approved for 28 dwelling units and could still be developed with 4-plex multi-family dwellings.