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 seven, four-plex multi-family dwellings (28 units) in 2008. The Zoning Commission conducted a public hearing on March 3, 2015, and is forwarding a recommendation of denial and adoption of the findings of the three criteria on a 3 to 1 vote.

The Planning Division reviewed this application with other city departments and recommended denial based on the findings of the three criteria. The Zoning Commission concurred with this 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, including any neighborhood plans, and 3) the application 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 seven 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.
 

If the special review is approved, a site plan would be submitted for approval that requires a review fee. Additional review fees are required for buildings, storm water plan review, utility connections and similar items. Development of the property will increase the property value and will increase taxable value of the property. City fees for arterial and storm water fees will increase based on the development. These fees are currently capped as a "vacant" parcel.

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 three existing homes along the Bench Boulevard frontage and this large vacant lot west of those homes. The subdivision provided two access easements for the large vacant lot anticipating the construction of the seven, 4-plex multi-family dwellings. The owner now contemplates an additional eight 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; three have been denied and three have been withdrawn. Eight applications have been conditionally approved. Four of the eight have been limited to 4-plex multi-family dwellings. The remaining four applications were approved for five to 10-plex multi-family dwellings. These four applications are located within the Eagle's Nest Subdivision west of Main Street.

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 two acres in area and is located just west of three 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 Zoning Commission conducted a public hearing on March 3, 2015, and received the staff recommendation and testimony from the applicant, Gene Culver and agent, William Smith of Octagon Engineering. Testimony against the request was received from Chris Jones, property owner at 1442 Bench Boulevard. Testimony in favor of the request was received from Pat Schindele, real estate broker for the owner.

William Smith, P.E., from Octagon Engineering and agent for the applicant, testified in favor of the request. he stated the fundamental reason for the 9-plex design was safety and security of the residents of the units. The units will not have front doors but the doors on either end of the front will provide secure access to a central hallway that will provide access to each unit. He stated each unit will have access through a rear door to the back yard of each building. He stated the proposed private road meets the engineering and fire department requirements of 34 feet from back of curb to back curb. He stated all the curbing will be roll over curbing. He stated the buildings will face each other to enhance security along the street and have cutoff lighting over the garage doors to prevent spill over of light to adjacent property. He stated each unit is required to have 1.5 parking spaces by city code. Each unit will have a 1-stall garage space and there will be at least 18 on-street spaces to meet the requirement. The spaces on the street count toward the minimum since the street is a private street. Mr. Smith stated there will be no parking in front of the garage doors because of the curbing and sidewalk. He stated they could amend the site plan to push the buildings back from the sidewalk and curb to allow a 20 foot parking space in front of each garage door to provide 2 spaces for each dwelling unit. He stated the full design of the storm water control system including the detention areas north of Building 1 and west of Building 3 has been completed but is not required to be submitted with the special review. He stated the system will retain a 100-year storm event as required by city code. Mr. Smith submitted a simplified floor plan for the 9-plex buildings. He stated the plan shows a 3 foot cantilevered canopy over each garage door, the entry door to the common corridor on each end of the building, interior stairwells on each end of the building and a coin-op laundry on the first floor. Mr. Smith submitted a revised site plan with notation of the missing items from the staff report including the central solid waste collection area west of Building 1, a central mailbox location north of Building 4, and a 6 foot wide crushed gravel walking path along the south property line out to Bench Boulevard. He stated the site plan meets all the zoning requirements for setbacks, building separations, height and lot coverage. He state the walking path on the south property line cannot be concrete since there is an existing electrical utility easement. Mr. Smith stated the drive approaches off Bench Boulevard have all been reviewed and approved by MDT, Sanderson Stewart and the City Engineer as part of the Bench Boulevard reconstruction project scheduled in the next few years. Mr. Smith stated the proposed building height of 28 feet is the same height that was previously approved for the 7 4-plex site plan (SR 856 in 2008).

In response to a question from the Commission, Mr. Smith stated there are no other projects in the Billings area designed or developed by his firm and he has no other projects planned for Billings. He stated each unit will be either 2 or 3 bedrooms based on their market analysis. He stated based on the average number of persons per household (Census average of 2.3) this would translate to about 83 new residents in the four 9-plex buildings. He stated the on-street parking available for parallel parking is easily 18 additional spaces with more available. 

Gene Culver, property owner and applicant, testified in favor of the request. He presented a 3-ring binder of information to the Commission. He stated the request is in response to demand for infill development but not at the currently approved density of 28 units. He stated the buildings are the same height previously approved and the combined square footage of the 2 of the approved 4-plexes would exceed the foot print of the proposed 9-plexes. He stated the cost of the infrastructure improvements to access the property will not pencil out for seven 4-plexes for market rate rental units. Mr. Culver stated the 3-story apartments to the west are compatible with the proposed design. He stated the area is a mixed bag of uses from older single family homes to commercial uses to the large apartment building to the west. He stated the home at 1424 Bench Boulevard noted in the staff report will be over 50 feet to the closest 9-plex. He stated the staff's suggestion of six 6-plex buildings for the same number of units could not be designed for this property He stated the site will be landscaped and have screening fence where is adjoins residential or commercial uses.

Pat Schindele, real estate broker for the owner, stated he has been trying to sell the property for over 5 years and has entertained 5 buy/sell agreements but none have closed. He stated the primary reason is the cost of development is too high for the 4-plex design at 28 units. He stated he has a potential buyer if the 9-plexes are approved. He stated he gets a call on the property every week but buyers are not interested in the 4-plex design. He stated buyers are only interested in the higher unit buildings.

Chris Jones, owner of one of the single family homes east of this property, testified in opposition to the request. He stated the new traffic generated from this many units would be too much for his property. He understood the property would have 4-plexes but this new request is just too dense for this lot. He stated he does not think there will be enough parking for all the residents. He stated the increase of 8 dwelling units does not seem large unless you look at the over all site plan. He stated if a sidewalk is place on the access street north of his house, people would be walking right under two of his bedroom windows.

Mr. Culver provided rebuttal testimony. He stated they have met the required number of parking spaces and they do not intend to put a sidewalk on the north leg of the access street. He stated they could increase parking if they are allowed to push the buildings back another 8 to 10 feet from the curb. Staff provide clarification of the required setbacks from exterior property lines. Staff stated that Building 4 could not be moved back from the access road since it just meets the required setback as shown on the site plan. Staff stated other buildings could be adjusted to provide 1 additional parking space in front the garage doors.
Mr. Culver stated the likely market for these rentals are single parent families or seniors. These renters would have one car not two so parking will not be an issue.

In response to a question from the Commission, Mr. Culver stated the price point for rentals will be in the $750 to $900 per month range. In response to a question from the Commission, Mr. Schindele said he did not know why the seven, 4-plex project was not constructed as approved in 2008. He stated it was likely due to infrastructure costs. Mike Boyett, Commission member, stated it is his experience that garage space is used more often for storage of stuff and not cars. Mr. Schindele stated the rental agreement and property management will dictate where parking must occur. Mr. Schindele clarified the price point expected for the rental units would be more in the range of $900 to $1,300 per month. He stated this would be in line with the rents for the apartments on Fantan west of Main Street.
 
Mike Boyett made a motion to recommend denial and adoption of the findings of the 3 criteria and the motion was seconded by Dan Wagner. Mr. Wagner stated he concurred with the staff analysis on the building height, bulk and intended density. He stated this is too much project for this site. Dennis Ulvestad concurred with the analysis. Commission Chair Leonard Dailey, Jr. stated he was ambivalent on the staff analysis. He stated if the owner needs additional units to make the project work, there should be a solution through re-design of the site plan. The Commission voted 3 in favor and 1 opposed to the motion to recommend denial. Chairman Dailey cast the dissenting vote. 

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