This is 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, 5th filing, a 10,418 square foot parcel of land.
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
• Delay action on the request for up to 30 days

APPLICATION DATA
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 total  

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 in an 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 and provide a low impact use for the adjacent commercial businesses. 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.
 
RECOMMENDATION
The Zoning Commission 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 parking lot will have signs installed that notify people that it is ‘Employee Parking Only Violators Will Be Towed At Owners Expense’.
5. The applicant will install landscape along the Lynn Avenue frontage that includes trees and shrubs as a buffer between the parking lot and Lynn Avenue.
6. 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.
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 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.
 

If the special review is approved, the property will develop and be assessed at a higher market rate. This will raise the City's tax base.
 

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 32nd Street West. The neighborhood development on the northeast corner of Central Avenue and 32nd 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 16th 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.
 

Staff gave a brief presentation of the proposed Special Review #950 and then answered some questions from the zoning commission members.  Commissioner Boyett asked if the alley is paved.  Staff indicated the applicant will be required to pave the portions that are not paved to access the parking lot.  Commissioner Mariska asked if the owners stopped using the parking lot, could the use revert back to residential if this special review is approved? Staff replied that the zoning does not change with this special review and a single family home could be built on the lot if the parking lot use were to cease and the property were sold or redeveloped. 

The applicant and agent, Ed Jorden, stood to speak of the proposed parking lot.  He stated that the parking lot is being proposed for the employees of the businesses in the strip mall on the northeast corner of Central and 32^nd Street West.  He has talked with the neighbors and that is why they are proposing access off of the alley instead of Lynn Avenue.  Commissioner Ulvestad asked if they have thought of buying the house to the east for the parking lot?  Mr. Jorden replied that the owners do want them to buy the house however it is cost prohibitive to buy the house, demolish it, and put in a parking lot verses buying a vacant lot.  Commissioner Mariska asked what control the owners would have over someone parking for extended periods of time?  Mr. Jorden stated he can install signs notifying people the parking lot is for employees only and that others will be towed.

The public hearing was open to those wishing to speak about the proposed parking lot. 

Gerry Voto stated that he has been happy with the owner of the strip mall and they have been very good to work with.  He stated he is not in favor of the condition requiring fencing along the Lynn Avenue frontage. No one else in the neighborhood has a front yard fence and that would make it stand out, according to Mr. Voto.  Commissioner Mariska asked what would prevent someone from jumping the curb on Lynn Ave and accessing the parking lot without the fence in place?  Mr. Voto stated he would advocate for shrubbery and landscaping to buffer the parking lot and prevent traffic from accessing from Lynn Avenue.

James Ouren spoke against to the proposed parking lot.  He stated one of the neighbors was opposed to the parking lot but was not able to attend so he was speaking for them.  They felt it should be a house and not a parking lot.

Toni Donahue spoke against the use of the alley for access and felt the access should be from Lynn Avenue.  She lives in the condos to the east and they all access their garages from the alley and don’t want extra traffic in the alley.

Mr. Jorden addressed the concerns raised by the neighbors.  He stated that he is trying to keep everyone happy.  He has no preference for the access but believed the majority of the neighbors wanted no additional traffic on Lynn Avenue.  He also stated he was fine with heavier shrubbery along Lynn Avenue and not a fence.

Two Letters of Opposition also are attached to the staff report from surrounding property owners that have concerns about the potential impacts of this proposed parking lot.

The public hearing was closed and a motion was made by Commissioner Boyett to forward a recommendation of conditional approval to the City Council.  The motion was seconded by Commissioner Larson.

Commissioner Boyett made a motion to amend the conditions of approval to remove the requirement for the fence and to have shrubbery / landscaping along the Lynn Avenue frontage and to add a condition requiring signage in the parking lot to alert people that it is Employee parking only and violators will be towed at owner expense.

Commissioner Boyett asked if there should be discussion regarding access on the alley verses Lynn Avenue.  Commissioner Larson stated that after review of the staff report, he did not have any concern with the access as he found nothing indicating a designation of entrance and exiting off either the alley or Lynn Avenue. He said he expected that the access would be at the discretion of the applicant as to where the accesses are.

A voice vote was taken for the motion to remove the fence condition and require landscaping instead.  It passed with a 4-0-1 vote.  Commissioner Wagner abstained.
 

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

The Zoning Commission is recommending conditional approval and adoption of the findings of the 3 review criteria for Special Review 950 on a 4-0-1 vote.