This is a special review request to allow the construction of 2 new four-unit 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.  The Zoning Commission conducted a public hearing on July 5, 2017, and is forwarding a recommendation of conditional approval.

Special Review applications are reviewed using City Code criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not require an ordinance for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible 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; pr
• Delay action on the request for up to 30 days.

APPLICATION DATA
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)

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with the 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 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.

The application conforms to the first criteria because it is in a zoning district (R-60) that allows this use and the site will be developed for the proposed use. The application complies with the second criteria and is supported by some of the goals and guidelines 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 infill 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.

RECOMMENDATION
The Zoning Commission is forwarding a recommendation of Conditional Approval with the following recommended 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 being issued for the units.
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.
 

If the special review is approved, the property will be developed and contribute to the City's tax base. If the special review is not approved, the property may remain un-developed in the near future.

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 believes the City 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 Zoning Commission conducted a public hearing on July 5, 2017, and received the staff report and recommendation as well as testimony from the applicant's agent.  There was no one else in attendance at the public hearing to speak in opposition.

The public hearing was closed and Commissioner Mike Boyett made a motion to recommend conditional approval. The motion was seconded by Commissioner James Mariska.  The Commission voted 4-0 in favor of the motion.  Commission Member Mike Larson was absent.

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