City Special Review 946 – 1100 Block of 16th St West – A special review request to construct a new 43-space parking lot with alley access and landscaping in a Residential 7,000 (R-70) zone, on the North 130 feet of Lot 8 and the North 140 feet of Lot 7, Block 3 of West View Subdivision, a 20,250 square foot parcel of land generally located on the east side of 16th St West just north of the intersection of Lewis Avenue. Tax ID: A18300  

 

The Planning Division is recommending conditional approval.
 

OWNER: Donald R. Lee
AGENT: Dave Pfohl
LEGAL DESCRIPTION: North 130 feet of Lot 8 and the North 140 feet of Lot 7, Block 3 of West View Subdivision
ADDRESS: 1100 Block of 16th Street West
CURRENT ZONING: Residential 7000 (R-70)
EXISTING LAND USE: Vacant
PROPOSED USE: Parking Lot
SIZE OF PARCEL: 20,250 Square Feet

None

Eleven special reviews have been granted within this neighborhood. Eight for Beer and Wine or All Beverage licenses. There has been one for a Satellite Dish over 12 feet in diameter, one for a Drive Through and one for an Outdoor Patio.  There have been many variances in this neighborhood as well.
 

NORTH:	Zoning: Residential-6000 (R-60) Land Use: Residential
SOUTH:	Zoning: R-70 Land Use: Residential
EAST:	Zoning: R-70 Land Use: Residential
WEST:	Zoning: Neighborhood Commercial (NC) Land Use: Professional Offices

This is a special review request to construct a parking lot on a vacant lot that is zoned Residential 7000, north of the intersection of 16^th Street West and Lewis Avenue.  This parcel has sat vacant for many years and has not been developed into housing as have properties to the southeast and north.  To the west, commercial uses have developed.  There are some circumstances that make this parcel difficult to develop as housing.  Spring Creek ditch is enclosed in a culvert under this property and there is also a City storm drain system under the property and in the adjacent alley.  Another issue that has prevented the residential development of this parcel is the availability of a sewer connection.  The closest sewer connection is in Lewis Avenue, uphill from the subject property.  Although the sewer line in Lewis Avenue is approximately 17 feet deep, there is no easement in the properties to the south to access that sewer line.  City Engineering is willing to let a developer put the sewer line in the City right of way, but there is the challenge of digging up hill in 16^th Street West and into the intersection of 16^th Street West and Lewis Avenue, and missing the footings of the existing signal light poles.  A sewer line from this property would also most likely need to have a pump system to get effluent to the sewer line in Lewis Avenue.  All of these factors make development of this lot for residential purposes complex and costly. 
 
The applicant is proposing to develop the land into a parking lot for the use of employees that work in the office building at 1601 Lewis Avenue, across the street from the subject property.  With this proposal, there would be no need to obtain a sewer connection to the parcel and water is readily available for landscape irrigation.  In the letter submitted by the applicant, they are stating that this will open more parking for them around the office building for clients and provide enough parking to attract more new businesses into the office building. 
 
City Engineering has submitted some comments to the Planning Division about this parcel outlining some work that will need to take place on this parcel, but the staff is supportive of the parking lot proposal.  City Engineering state in its letter concerns about safety of pedestrians crossing 16^th Street West to get to work at 1601 Lewis Avenue.  It is recommended the applicant install landscaping, fencing, or screening to discourage direct crossing from the proposed parking lot across 16^th Street West.   See Attachment ‘Engineering Comments’.
 
There have been other parking lots that have gone through special review 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.  There are also many Church buildings with parking lots on residentially zoned property.  Section 27-305 BMCC allows parking lots to be placed 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 2008 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 district where a parking lot may be allowed by special review.
 
The application also conforms to the second and third criteria. 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. The proposal is consistent with goals of the 2008 Growth Policy – specifically the goal of encouraging uses that are compatible with the character of the adjacent land use patterns. This site is in a transitional area of Billings, with residential and professional office uses next to each other.  The development of this parcel into a parking lot would continue that use and take a parcel that is vacant and contains weeds and redevelop it to improve the 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 facility generally located at the 1100 Block of 16^th Street West.
2. The approval is limited to North 130 feet of Lot 8 and the North 140 feet of Lot 7, Block 3 of West View Subdivision, a 20,250 square foot parcel of land.
3. The proposed use as a parking lot is supported by City Engineering and with this special review process also grants the applicant a variance from the requirement of a separate Site Development Variance normally required by City Engineering for access through the alley.
4. Increases in the number of parking spaces greater than 10% of the numbers shown on the site plan will require additional special review approval.
5. The site will be developed in conformance with City Planning and City Engineering input to ensure it meets the requirements of zoning, site development and safety identified by staff, including those identified by City Engineering in the ‘Engineering Comments’ attached to this staff report.
6. The applicant will install screening, fencing, and landscaping along the 16^th St. West frontage with an opening at the southwest corner and directional signage to encourage pedestrian crossing at the signalized intersection of 16^th Street West and Lewis Avenue.
7. No construction can take place before 7 am or after 8 pm.
8. 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.
9. 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 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.