County Special Review 329 – 720 & 748 Washington St and 3719 King Avenue East – Dan Walt Gardens and Event Center - A special review request to modify and expand the location of the existing special review approval (SR #285 April 22, 2003) to operate a commercial recreational facility and associated parking lot in a Residential 15,000 (R-150) zone on C/S 108, Tract 1; C/S 593, Tract 1 and Tract 2D, a 3-acre parcel of land. 
 

Planning Staff is recommending conditional approval based on the finding of the 3 review criteria for Special Review 329.
 

OWNER:	Dan Jellison and Walt Williams
AGENT:	Timothy Hudson
LEGAL DESCRIPTION:	C/S 108, Tract 1; C/S 593, Tract 1 and Tract 2D
ADDRESS:	720 and 748 Washington St and 3719 King Avenue East
CURRENT ZONING:	R-150
EXISTING LAND USE:	Dan Walt Gardens
PROPOSED USE:	Dan Walt Gardens
SIZE OF PARCEL:	3 acres

None
 

Subject Property
Special Review #285 – Approval to allow commercial recreation and public parking on R-15 zoned land was granted April 22, 2003.
 
Surrounding Property
Zone Change #325 – 800 Jackson Street - A zone change from Neighborhood Commercial to PUD. Granted on June 22, 1981.
Special Review #99 – 800 Jackson Street - To allow gasoline sales and convenience store in a PUD. Granted on June 22, 1981.

 

NORTH:	Zoning: R-150 Land Use: Residential
SOUTH:	Zoning: Residential 5000 (R-50) Land Use: Single family homes
EAST:	Zoning:  R-150 Land Use:  Single Family Homes
WEST:	Zoning:  R-150 Land Use: Single family homes

The applicant is requesting a special review to include and expand a garden and pavilion area into an existing garden area.  The expansion includes a Pavilion and additional garden space that is open to the public for tours, special events and general outdoor events in a garden setting. Two of the three parcels, 720 and 748 Washington St, in this application received special review approval April 22, 2003 to operate a commercial recreational facility and associated parking lot for the gardens.
 
Dan Walt Gardens is located on the northwest corner of the intersection of Washington Street and King Avenue East.  In 2003, the property received special review approval for the facilities as they were at that time.  It granted the ability to be able to provide off street parking and open the gardens to the public for tours, family events, weddings and business meetings in a garden setting.  In 2006, the property at 3719 King Avenue East was purchased and the business expanded to include a pavilion, better off street parking, and more gardens.  This special review will allow the three properties to be in compliance with the requirements of zoning. 
 
Planning staff reviewed this application and is recommending conditional approval. The site is already developed and is an asset to the neighborhood.  This type of use is an allowed use is this zoning with a special review pursuant Section 27-305, Recreation, Commercial.  DanWalt Gardens has become a location in the community where people go to enjoy outdoor gardens as well as being able to have outdoor events with family, weddings and business gatherings in an outdoor garden setting. 
 
Special review uses must meet 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 2008 Yellowstone County 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 it is within a zoning district where commercial recreational uses can be allowed by special review approval.
 
The application also conforms to the second and third criteria. The zoning regulations adopted by the Board of County Commissioners have designated Residential 15,000 zones as districts where commercial recreational uses can be located by special review approval. The 2008 Growth Policy encourages development that is compatible and similar to neighboring properties in form and use. This special review is to bring the entire site into conformance and create hours of operation that will be more conducive to schedules people are used to operating within. The proposed use fits with the existing large lot residential in the area. The buildings already exist on the property and it is considered an asset to the neighborhood because of the gardens being very well maintained. The proposed land use complies with the following goals of the 2008 Yellowstone County Growth Policy:

• Goal: Predictable land use decisions that are consistent with neighborhood character and land use patterns.

Approval of this special review is consistent with what has been in the neighborhood for a number of years and will ensure they continue.  Compliance with the conditions of approval will ensure compatibility with the neighborhood.

• Goal: New developments that are sensitive to and compatible with the character of existing neighborhoods.

The proposed inclusion of the existing improvements to the Dan Walt Gardens will allow them to continue to provide a service to the neighborhood and to Billings and is compatible and sensitive to the character of the existing neighborhood.  

Zoning Commission Action
The County Zoning Commission shall make a recommendation to the Board of County Commissioners 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 Resolution;
2.   Is consistent with the objectives and purposes of the County Zoning Regulations and the Growth Policy;
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;Signs and lighting;
7.   Noise, vibration, air pollution and similar environmental influences.
 

Planning Division recommends conditional approval and adoption of the 3 criteria for Special Review 329.

Planning Division is recommending the following conditions: 

1. The approval shall be limited to C/S 108, Tract 1; C/S 593, Tract 1 and Tract 2D generally located at 720 and 748 Washington St and 3719 King Avenue East.
2. This special review approval is to modify and expand the location of the existing special review approval (SR #285 April 22, 2003) to operate a commercial recreational facility and associated parking lot and expand hours of operation from 8 am to 10 pm. No other special review use is intended or implied by this approval.
3. 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.
4. Failure to comply with these conditions of approval of the special review use shall be deemed a violation of the zoning regulations. Enforcement of the regulations and conditions shall be as set forth in Section 27-1601 et seq. of the Unified Zoning Regulations.
    
   **NOTE**     Approval of this Special Review does not constitute approval of a building permit, zoning compliance permit, sign permit, or fence permit. Compliance with all applicable local codes will be reviewed at the zoning compliance permit level.