Item #2: City Special Review 949:  This is a special review request to locate a public parking lot in a Residential 7,000 (R-70) zone, on Lot 2, Cowley Subdivision, a 7,500 square foot parcel of land. The overall redevelopment of property that necessitated application for this special review includes Lot 1, Cowley Subdivision which is zoned Neighborhood Commercial. The proposed re-use of the building on Lot 1 requires additional parking. Tax ID: A34623
 

The Planning Division is recommending conditional approval.
 

OWNER: Niko B&W LLC
AGENT: Emarie Skelton - High Plains Architects
LEGAL DESCRIPTION: Lot 2, Cowley Subdivision
ADDRESS: 311 Calhoun Lane
CURRENT ZONING: R- 70
EXISTING LAND USE: Vacant
PROPOSED USE: Parking Lot
SIZE OF PARCEL: 7,500

None

Subject Property – A zone change from NCL to Neighborhood Commercial on Lot 1, Cowley Subdivision was granted 02-23-1981.
 
Surrounding Properties
Four special reviews have been granted in the surrounding neighborhood. Two have been for Beer and Wine licenses and two for commercial automotive related businesses.  There have been numerous zone changes and variances in the surrounding neighborhood as well.
 

NORTH:	Zoning: Residential 6000 (R-60) Land Use: Vacant Land
SOUTH:	Zoning: Community Commercial (CC) and R-70 Land Use: Commercial and Residential
EAST:	Zoning: R-70 Land Use: Residential
WEST:	Zoning: R-60 Land Use: Residential

This is a special review request to construct a parking lot on a vacant lot that is zoned Residential 7000, generally located on the northeast corner of Calhoun Lane and Vaughn Lane. This parcel has been vacant for many years and has not been developed into housing as have properties to the east and south.  North of this property and west, there are large open fields with a minimum of development on them. Farther north is a mix of commercial and residential development.  Directly to the west, commercial uses have developed.  On the southeast corner of Calhoun Lane and Vaughn Lane is a commercially zoned lot with an active commercial business.  Calhoun Lane was recently rebuilt to have sidewalks, curb and gutter on both sides of the street.  This improvement to the neighborhood will improve the drainage and access in the area as well as improve the overall appearance of the area. 
 
The applicant is proposing to redevelop the buildings that are existing on Lot 1, directly on the northeast corner of Calhoun Lane and Vaughn Lane.  The redevelopment of the existing buildings will be a positive improvement to the surrounding neighborhood.  It will clean an area that has been overgrown with vegetation for several years with the buildings also being left to deteriorate.  Lot 2 directly east has not been developed and is zoned Residential 7000.  This lot in recent years has  been overgrown with vegetation.  In an effort to re-develop the existing buildings, the developer will need to be able to have some off street parking to meet the requirements of site development.
 
In the letter submitted by the applicant, they reference the new growth policy where it refers to housing and business options within neighborhoods to promote live-work environments, safety, and neighborhood character.  The proposed use for two of the structures is for a day care facility.  This would provide the area with a service within an established neighborhood.
 
There have been other parking lots that have gone through special review in the City to allow them on land that is zoned residential.   A few examples of other properties with parking on residentially zoned land include, 819 Grand Avenue, Off The Leaf, Residential 6000; 1045 Grand Avenue, Dairy Queen, Residential Multi-Family Restricted; 1403 Grand Avenue, Stockman Bank, Residential 6000; 2032 Grand Avenue, Dana Motors, Residential 6000; 4635 Simpson Street, Resource, Support and Development Inc., Residential 7000.  There are also many Church buildings with parking lots on residentially zoned property.  Section 27-305 BMCC allows parking lots to be places on residentially zoned land with a Special Review.
 
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 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 all residential zoning districts can have a parking lot on them as long as they go through the special review process.  There are requirements for landscaping and screening from residential uses next to commercial uses within 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 proposed special review will promote redevelopment of existing buildings that have fallen into disrepair with overgrowth of vegetation on the edge of a residential neighborhood where there are already City services and infrastructure. This will provide an additional service to those residents within the neighborhood.
   
• Strong Neighborhoods and Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired.
   
  The proposed special review will clean up an eyesore in an established neighborhood and reuse existing buildings.  By cleaning the lots and redeveloping the existing buildings it will promote more activity in them, be more attractive, safer and provide essential services to an established neighborhood.
   
• Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.
   
  The proposed special review will support a new business, provide employment opportunities at this location, and benefit the community with needed local services.
   
  The application also meets the third criteria in that it is compatible with surrounding land uses in the area.  This site is in a transitional area of Billings, with residential, community service type businesses and commercial uses next to each other.  The development of this parcel into a parking lot would continue that mix and take a parcel that has historically been overgrown with vegetation and clean it up in this neighborhood. There are minimal impacts from the proposed location of the parking lot that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.  

The Planning Division recommends conditional approval.

1. The special review approval is for the construction of a parking lot located at 331 Calhoun Lane on Lot 2, Cowley Subdivision, a 7,500 square foot parcel of land.  
2. Increases in the number of parking spaces greater than 10% of the numbers shown on the site plan will require additional special review approval.
3. The site will be developed in conformance with all applicable zoning and site development regulations.
4. No construction can take place before 7 am or after 8 pm.
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 or zoning compliance permit level. This application is for a Special Review as noted above and no other request is being considered with this application. 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 approving 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.