This is a special review request to allow the construction of one four-plex multi-family dwelling in a Residential 6,000 (R-60) zone on a 13,200 square foot parcel of land described as Lot 1A, Block 13, Sweet Acres Subdivision, 4th Filing. The Zoning Commission conducted a public hearing on May 3, 2016, and is forwarding a recommendation of conditional approval and adoption of the findings of the 3 criteria.

Special Review applications are reviewed using criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not change the zoning of a property. They are tied to specific uses that are permitted in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Review requests, unlike Zone Changes, may be conditioned to mitigate potential impacts from the use on the subject property or surrounding properties.

 

City Council may:

• Approve the request
• Conditionally approve the request
• Deny the request
• Allow the applicant to withdraw the request
• Delay action on the request for up to 30 days

The Planning Division has reviewed this application with other City departments and recommended conditional approval to the Zoning Commission based on the findings of the 3 criteria. The Zoning Commission concurred with this recommendation and findings.

Before a recommendation of approval or conditional approval may 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. The form of the application is correct and the submitted site plan is in conformance with site development and zoning regulations for the R-60 zoning district.

The proposed 4-unit apartment is compatible with the surrounding uses. The existing apartments at Rimrock West have used this vacant parcel as a park and dog exercise area. In order to mitigate any potential conflict with the adjacent apartments, the Zoning Commission is recommending conditions of approval. The Zoning Commission recommends the following conditions of approval:

1) The special review approval is for the construction of one 4-unit apartment building, with 12 off-street parking spaces. No other use is intended or implied by this approval.
2) The special review approval is limited to Lot 1A, Block 13 of Sweet Acres Subdivision, 4th Filing generally located at 2250 St John's Avenue.
3) The applicant will construct the 4-unit apartment building in substantial conformance with the submitted site plan. Minor modifications to the plan are allowed.
4) In order to mitigate potential conflict with the adjacent apartment development, Rimrock West, the applicant will install wrought-iron and pillar style fencing currently in place for the existing apartments along the east and south property lines of the subject property. The applicant will coordinate with the apartment owners and managers on the fence selection and installation.
5) In order to mitigate potential conflict with the adjacent Mt. Olive Lutheran Church, the owner will maintain the existing chain-link fence on the west property line.
6) The applicant will not remove, damage or otherwise destroy trees, or root systems of trees, that exist on the adjacent lots. Branch trimming of trees on adjacent lots may be necessary for construction. Prior to trimming of trees on adjacent property, the applicant will coordinate and receive permission from the adjacent property owner for any necessary trimming. All tree trimming will be done or supervised by a
certified arborist.
7) The applicant will install two (2) trees in the 5-foot wide bufferyard along the street frontage, one on each side of the proposed driveway, to continue the similar tree plantings on the adjacent properties. The applicant shall select a tree species as recommended as a Street Tree by the City Forester and be of a size and height at planting that the lowest branch is at least 8 feet above the sidewalk.
8) 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. Porch lights are not included in this restrictions.
9) No construction or demolition activity will occur before 7 am or after 8 pm daily.
10) 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.
11) 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.
12) 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.
 

If the special review is approved, the property will increase in taxable value when the project is completed. This will improve the City's tax base and increase the rate payer base for water, wastewater and solid waste services.

The property has been zoned R-60 since the adoption of the current zoning in May, 1972. The property was annexed to the City in 1961. In 1984, this lot and the two adjacent lots to the east were created through an amended subdivision. The two lots to the east had 39 dwelling units each constructed in 1984 and 1985 (three 10-unit buildings and one 9-unit building on each lot). A lot area variance was granted for these two adjacent lots since the subdivision was incorrectly platted with less than the 74,500 square feet required for this number of multi-family units. In 1984, the construction of multi-family dwellings in the R-60 was an allowed use.

All the nearby property in the R-60 zoning district was zoned and developed with multiple dwelling units prior to the 1997 code amendment that now requires a special review approval for more than two attached dwelling units. The church to the west, Mt. Olive Lutheran Church, was constructed prior to current zoning that now requires a special review for churches in residential zones. The nursing home south of the adjacent apartments was constructed prior to the current zoning that now requires a special review for nursing facilities in residential zones.

The vacant property appears to have been used by the adjacent apartment residents, by agreement with the previous owner, for a small dog park. The property is a separate parcel of land and was previously owned by the LDS Church from 1984 until January of 2016. The apartments to the east and south were constructed in 1984 and feature 6, 10-unit buildings and 2, 9-unit buildings on a 3.42 acre parcel. Variances were granted for this number of units but the lots are just 44 square feet short of the lot area requirement. The apartment complex, Rimrock West, has a complete perimeter fence except where it adjoins the subject property. A separate chain link fence encloses the subject property on the north and west property lines, so it appears to be part of the apartment complex. The apartment residents use or have used the subject property as a small park and dog exercise area. The surrounding neighborhood is a mixture of single family, two family and multi-family residences as well as a nursing care facility, West High School, a church, and several retail businesses and restaurants on Central Avenue and 24th St West. It appears the addition of a 4-unit apartment building will fit in well with the existing neighborhood.

 

The Zoning Commission conducted a public hearing on May 3, 2016, and received the staff recommendation and testimony from the applicant, Rob Morehead, and the applicant's agent, Travis McDowell. No other testimony was received.

Commission Member Michael Larson made a motion to recommend conditional approval and adoption of the findings of the 3 criteria for Special Review 942. The motion was seconded by Mike Boyett. Chairman Dan Wagner called for the vote on the motion. The motion was approved in a unanimous voice vote.
 

Consistency with Adopted Policies and Plans is discussed in the Alternatives Analyzed section above.