City Special Review 956 – 422 Roxy Lane – Multi-family dwellings – A special review request to allow the construction of 2 new 4-plex multi-family buildings in a Residential 6,000 (R-60) zone on Block 3, Lot 6 of Superior Homes Subdivision, a 37,600 square foot parcel of land generally located at 422 Roxy Lane. Presented by Dave Green, Planner II

Planning staff recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 956.

OWNER: Ann Bustell
AGENT: Tom Reiner and Territorial Land Works, Neil Thompson
LEGAL DESCRIPTION: Superior Homes Subdivision Block 3, Lot 6
ADDRESS: 422 Roxy Lane
CURRENT ZONING: R-60
EXISTING LAND USE: Vacant land
PROPOSED USE: Two 4-plex buildings (8 total units)
SIZE OF PARCEL: 37,600 square feet (.86 acres)

None.

Subject Property - None.

Surrounding Property - There are no recent special review requests for multi-family development in the R-60 zoning districts west of Main Street. A recent zone change and special review application for property on Cody Drive and Covert Lane was denied the zone change and the special review was withdrawn. There was significant neighborhood opposition to these applications. There are at least 2 properties in the R-60 zoning districts nearby with multi-family development but no special review on file. These developments were constructed before the 1997 amendment that now requires special review for any new multi-family development in the R-60 zone.
 

NORTH:	Zoning: Residential Manufactured Home (RMH) and R-60 Land Use: Single family dwellings and multi-family dwellings
SOUTH:	Zoning: RMH & R-60 Land Use: Single family, two family and multi-family dwellings
EAST:	Zoning: RMH Land Use: Single family dwellings
WEST:	Zoning: R-60 Land Use: Two family dwellings

This is an application to allow construction of 2, four dwelling unit buildings in a R-60 zone on property near the intersection of Roxy Lane and Lake Elmo Drive. There are 2 nearby properties in the R-60 zoning district that have similar 4-family dwellings but were constructed prior to the special review requirement in the R-60 zone. Since 1997, property in the R-60 zone proposed for a multi-family dwelling (3 or more attached units) requires a special review approval. The lot area requirement for each 4-family dwelling is 10,000 square feet. The lot area is 37,600 square feet. The applicant has included a site plan showing paved access to the site, 15 off-street parking spaces, 4 of those spaces are accessible spaces, 2 new buildings each 22 feet in height, landscaping, and area for storm water retention. The applicant has indicated an area for "overflow gravel parking". Planning does believe the Engineering requirements for off-street parking will allow a gravel parking area as proposed. However, this area, if used for parking, will need to meet the City's engineering standards.
 
This area of Billings Heights between Lake Elmo Drive and Main Street is an area designated for higher density housing, mixed uses or commercial developments. This area was designated for this development pattern by the 2006 Billings Heights Neighborhood Plan. The existing development pattern does mirror this pattern to a certain degree. There are a mixture of housing choices in this area from manufactured homes, to site built homes, duplexes, townhomes, and apartments for rent. Closer to Main Street on these connecting streets, there are businesses and commercial activity although not neighborhood service type businesses. The property surrounding the subject property has the complete universe of housing choice in the area. The lot is much larger than the required minimum for 2, four-unit dwellings.

Roxy Lane is an un-paved City street originally developed as a gravel road to County development standards. The City recently made major improvements to Lake Elmo Drive to create a full collector street for motorists, curb-side parking and pedestrian facilities. A short section of Roxy Lane is paved where it meets Lake Elmo Drive. The remainder of Roxy Lane is gravel and the street is incomplete through to Main Street. The street currently stops before crossing a drainage ditch. There is an informal access from the dead end to the north that connects with Sharron Lane. Lake Elmo Drive carries about 5,000 vehicle trips per day and has a daily MET transit fixed route (#18-Heights) and serves as a primary north/south route west of Main Street. Roxy Lane is a stop controlled intersection. The likely increase in traffic trips from the proposed 8 dwelling units will be less than 70 new trips per day. There may be short term construction impacts while the property is developed but post construction traffic should not impact existing levels of service on Lake Elmo Drive.
  
The Planning staff is recommending conditional approval of this request. 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 2016 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 the zoning regulations adopted by the City Council have designated that any multi-family dwelling in an R-60 may apply for a special review. The proposed multi-family buildings and site plan meets all the requirements of the zoning regulations.

The application meets criteria from the second requirement as it is consistent with some of the objectives of the 2016 Growth Policy:

Essential Investments: Infill development and development near existing City infrastructure may be the most cost effective.
The development of a vacant parcel in this established neighborhood in Billings Heights will be a cost effective infill project where City infrastructure and services already exist.

Strong Neighborhoods:

• Neighborhoods that are safe and attractive and provide essential services are much desired.
• Zoning regulations that allow a mixture of housing types provide housing options for all age groups and income levels.
• Implementation of the Infill Policy is important to encourage development of underutilized properties.

The proposed development meets the above noted guidelines for Strong Neighborhoods by encouraging in fill development in a safe and attractive neighborhood, ensuring the mixture of housing types in the area and encourages the development of other vacant and under-utilized property.

Home Base:

• A mix of housing types that meet the needs of a diverse population is important.
• Common to all types of housing choices is the desire to live in surroundings that are affordable, healthy and safe.
• Energy efficient housing can reduce energy consumption.

The proposed development supports the needs of our diverse population, provides new energy efficient housing choices that will be affordable in a safe and attractive neighborhood.

The application also meets the third criteria in that it is compatible with surrounding land uses in the area. This site is in a mixed housing choice area of Billings, with good access to transportation choices and services. There are minimal impacts from the proposed use that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.

PROPOSED CONDITIONS:

1. The special review approval is limited to 2, four-unit multi-family buildings (8 units total) on Lot 6, Block 3 of Superior Homes Subdivision, generally located at 422 Roxy Lane. No other use is intended or implied by this approval.
2. The development and placement of the 2 buildings, paved parking lot, landscaping, access and general site layout will be in substantial conformance with the submitted plans dated May 2017. Compliance with Engineering Division requirements for off-street parking lots and solid waste storage will be required.
3. There will be no construction activity before 7 am or after 8 pm daily.
4. A fence or wall shall be constructed along the east and south property lines. The fence or wall may be between 4 feet and 6 feet in height at the choice of the applicant. A fence permit application will be required. The fence should be constructed prior to the first certificate of occupancy is issued.
5. 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.
6. 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.

Zoning Commission Action
The City Zoning Commission shall make a recommendation to the City Council to:
1. Deny the application for a special review use.
2. Grant the application for a special review use.
3. Conditionally grant the application for a special review use.
4. Delay action on the application for a period not to exceed thirty (30) days.
5. Give reasons for the recommendation.

Before recommending approval of a special review use, the Zoning Commission shall find that the contemplated use:
1. Complies with all requirements of this Article (27-1500);
2. Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan;
3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.

Further the Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following:
1. Street and road capacity;
2. Ingress and egress to adjoining streets;
3. Off-street parking;
4. Fencing, screening and landscaping;
5. Building bulk and location;
6. Usable open space;
7. Signs and lighting; and/or
8. Noise, vibration, air pollution and similar environmental influences.

Planning staff recommends conditional approval and adoptions of the findings of the 3 criteria for SR 956.