City Special Review #938 – 3104 Boulder Avenue – Multi-family in R-60 zone – A special review request to construct two 4-plexes and two 3-plexes on Lot 6, Wolf Subdivision, in a Residential 6,000 (R-60) zone on a 38,379 square foot parcel of land. Tax ID: A18647
Presented by Karen Husman, Planner I.

The Planning Division is recommending conditional approval and adoption of the findings of the 3 criteria.

OWNER:                                Twenty-O Five Corporation AGENT:                                 Travis McDowell PURPOSE:                           To allow two triplexes and two fourplexes                                              (14 dwelling units) LEGAL DESCRIPTION:      Lot 6, Wolf Subdivision ADDRESS:                            3104 Boulder Avenue SIZE OF PARCEL:               38,379 square feet EXISTING LAND USE:         Vacant PROPOSED LAND USE:      Residential Multi-Family EXISTING ZONING:             Residential-6000 (R-60)

None
 

Surrounding Property – The City has approved 3 similar applications for new multi-family dwellings in R-60 zones in this neighborhood. Prior to 1997, the City did not require special review approval for multi-family dwellings in R-60 zoning districts. There are at least 10 existing multi-family dwellings with multiple units in the immediate vicinity constructed prior to 1997.

NORTH:         Zoning:       R-60                         Land Use:   Residential Single Family and Multi Family SOUTH:          Zoning:       Residential 9,600 (R-96)                         Land Use:   Residential Single Family EAST:             Zoning:       R-60                                 Land Use:   Residential Multi Family WEST:            Zoning:            R-60                        Land Use:       Residential Multi  Family

This is a request to allow two triplex and two fourplex multifamily dwellings on Lot 6, of Wolf Subdivision.  The City requires a special review for this use in the R-60 zoning district. The applicant is proposing to construct a total of 14 units on property that fronts Boulder Avenue on the north and Colton Boulevard on the south. Each unit will be two stories and consist of either three or four bedrooms with an attached single car garage. The property is currently vacant. There are several large multi-family developments on Boulder Ave., as well as the north side of Colton Blvd. The applicant will be responsible for street improvements along Boulder Avenue. The submitted site plan shows one drive approach from Colton Blvd. and one from Boulder Ave.
 
The Planning Division has reviewed this application and is recommending conditional approval. 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) 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 district that allows multifamily dwellings by special review. The site plan submitted indicates the proposed buildings would meet all required setbacks and lot coverage limitations. The application conforms to the second criteria as it meets the purposes of the zoning regulations and some of the goals and policies of the 2008 Growth Policy.
 
The application  conforms in part to the third criteria and conditions of approval are recommended to mitigate any potential impacts to surrounding property, as well as safety concerns to future residents of the subject property. This property is in close proximity to Boulder Elementary School, which is at the west end of Boulder Ave. and Colton Blvd. During school hours, heavy vehicle and pedestrian traffic moves along Boulder Ave., Colton Blvd., and 32^nd Street West (the street fronting Boulder Elementary School). The traffic congestion leads drivers to try and drop off students along Boulder Ave. and Colton Blvd. and avoid the traffic directly in front of the school. Drivers look for ways to exit the area as quickly as possible. Planning and Engineering staff are concerned that a very wide, unobstructed thoroughfare provided by this project connecting Boulder Ave. and Colton Blvd. will provide a cut-across for school traffic to exit the area and negatively affect safety of drivers and pedestrians within this development and on the surrounding streets.
 
Planning staff, in consultation with Engineering Division and Fire Department staff has suggested modification to the site plan to separate the development into a north neighborhood and south neighborhood with pedestrian connection only near the middle of the development to eliminate cut-through traffic in the development, discourage school pick up and drop off traffic at the entrances to the development, and increase the safety of residents of the development. It appears from the submitted site plan that a separation of the driveway accesses could be made at the open space between the buildings about mid-point on the lot between Colton Blvd. and Boulder Ave. This area could contain landscaping and a pedestrian walkway to connect the two driveways and parking areas for the units. 

The Planning Division recommends conditional approval.

PROPOSED CONDITIONS

1. The special review approval is for the two triplexes and two fourplexes on Lot 6, of Wolf Subdivision, a 38,379 square foot parcel of land located at 3104 Boulder Ave. (14 dwelling units total). No other use or development is intended or implied by this approval.
2. Any expansion in gross floor area of the proposed buildings or off-street parking greater than 10 percent of what is shown on the submitted site plan will require an additional special review approval.
3. 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.
4. All proposed drive approaches will be reviewed by City Traffic Engineering for final approval and location.
5. No construction activity will occur before 7 am or after 8 pm daily.
6. Prior to Building Permits being issued, a Master Site Plan Review must be submitted to the Planning Division and approved for the project.
7. The developer will redesign the plan so there is not vehicular access between Colton Blvd. and Boulder Ave. and install 4 trees at each private street entrance on Boulder Ave. and Colton Blvd. Mature trees that exists at the Boulder Ave. frontage may be preserved and counted toward the 4 tree total in this area. New trees shall not be any tree with the genus scientific name of Populus or any of its subspecies including any variety of aspens. Also no Salix (willows), Acer negundo (Box Elder) or Ulmus (Elms).  The site will otherwise be developed in substantial conformance with the submitted site plan including landscaping, parking and building locations.
8. A trash receptacle must be provided with a three sided site obscuring fence and a closing gate.
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.
     
    **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.