City Special Review 950  – 3122 Lynn Avenue – A special review request to construct a public parking lot for employees and tenants of the Central Avenue Center in a Residential 9,600 (R-96) zone, on Lot 11, Block 5 of Central Acres Subdivision, 5^th filing, a 10,418 square foot parcel of land. The property is proposing vehicle access only from the alley and not on Lynn Avenue. Tax ID: C01867A. Presented by Dave Green, Planner II.
 

The Planning Division is recommending conditional approval.
 

OWNER: Ed Jorden and Gerald Neumann
AGENT: None
LEGAL DESCRIPTION: Lot 11, Block 5 of Central Acres Subdivision, 5th filing
ADDRESS: 3122 Lynn Avenue
CURRENT ZONING: R-96
EXISTING LAND USE: Vacant
PROPOSED USE: Parking Lot
SIZE OF PARCEL: 10,418 Square Feet

None

Subject Property – A zone change request from R-96 to R-70 Lot 11, Block 5 Central Acres Subdivision was denied by the CIty Council in April 2016.
 
Surrounding Properties
Three special reviews have been granted in the surrounding neighborhood. Two were for churches and one for a cemetery.  In addition to the 3 special reviews, there have been 21 other zoning actions in this subdivision - 5 variances and 16 zone changes.   
 

NORTH:	Zoning: R-96 Land Use: Residential uses
SOUTH:	Zoning: Neighborhood Commercial Land Use: Commercial
EAST:	Zoning: R-96 Land Use: Residential
WEST:	Zoning: R-96 Land Use: Residential

This is a special review request to construct a parking lot on a vacant lot that is zoned Residential 9600, generally located at 3122 Lynn Avenue. This parcel has been vacant for many years and has not been developed into housing as have properties to the east, west and north.  The majority of the surrounding property has developed into housing and commercial uses on the major intersection of Central Avenue and 32^nd Street West. 
 
The neighborhood development on the northeast corner of Central Avenue and 32^nd Street West is a new development in this area and provides several neighborhood services to the area.  The development has had a great deal of success gaining tenants and the owners would like to be able to have the parking at the building be more for the customers.  They are proposing to build a parking lot on the vacant parcel at 3122 Lynn Avenue to provide parking for employees and leave more of the front parking for the customers. 
 
In the letter submitted by the applicants, they outline their plans and reasoning for the requested parking lot.  They will be landscaping the lot and only accessing it off of the alley on the south.  Accessing the lot from the alley only would have no impact to traffic on Lynn Avenue. 
 
There have been other parking lots that have gone through special review in the City to allow them on land that is zoned residential. Some older use properties have not been subject to the special review.   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.  Recently, there also have been ones completed on a vacant lot near the northeast corner of the intersection of Lewis and 16^th Street West and one at 331 Calhoun.  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 that 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 development of an existing vacant lot on the edge of a residential neighborhood where there are already City services and infrastructure. This will provide an additional parking for new businesses and no additional traffic on residential streets 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 take a vacant lot that can be overgrown with vegetation and clean it up in an established neighborhood.  By cleaning the lot and developing it into a parking lot with landscaping and fencing it will be more attractive, safer, more attractive than an overgrown vacant lot and provide essential additional parking for employees leaving more existing parking for customers.
   
• 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 new businesses, 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 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 vacant. 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 generally located at 3122 Lynn Avenue. 
2. The approval is limited to Lot 11, Block 5 of Central Acres Subdivision, 5th filing, a 10,418 square foot parcel of land.  
3. Increases in the number of parking spaces greater than 10% of the numbers shown on the site plan will require additional special review approval.
4. The site will be developed in conformance with all applicable zoning and site development regulations, specifically fencing next to residential uses.  The applicant will install fencing around 3 sides of the property, on the west, east and north.  They will meet the requirements of a 4-foot fence height maximum along the north property line and 20 feet back from the north property line down the west and east property lines.  The 4-foot fence will have a pedestrian opening on Lynn Avenue and the fence will be a ‘picket’ style fence allowing visibility into the parking lot.  The remaining fence along the west and east property lines will be 6-foot sight obscuring fence.
5. All lighting in the parking lot shall be bollard lighting, not pole lighting, so that no light will spill onto the neighboring residential properties to the west and east.
6. No construction can take place before 7 am or after 8 pm.
7. 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. 
8. 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.