Special Review 961 - This is a special review request to locate a public parking lot in a Residential 6,000 (R-60) zoning district on Lots 11 and 12, Block 235 of Billings Original Town, a 7,000 square foot parcel of land. The purpose of the request is to allow the re-development of the lot to serve the Friendship House of Christian Service at 3123 8th Avenue South. Presented by Karen Husman, Planner I

Conditional approval.

OWNER: The Friendship House of Christian Service
LEGAL DESCRIPTION: Lots 11 and 12, Block 235 of Billings Original Town
ADDRESS:  802 S. 31st Street
CURRENT ZONING:  R-60
EXISTING LAND USE:  Residential
PROPOSED USE:  Parking Lot   
SIZE OF PARCEL: 7,000 square feet 

None.

Subject Property –None
 
Surrounding Property – There have been 113 special review applications in the Billings Original Town. The Billings Original Town covers approximately 600 acres of land centered along 27th Street (north and south) and Montana Avenue. Most of these special review applications were for the location of liquor licenses. One of the 113 special review applications was for parking on a residential lot. This application was for 2414 7th Ave North to expand the parking lot for the State of Montana Job Service Office. The special review was conditionally approved.

NORTH:         Zoning:       Residential 6,000 (R-60)
                        Land Use:   Residential
SOUTH:          Zoning:       (R-60)
                        Land Use:   Residential
EAST:             Zoning:       (R-60)
                        Land Use:   Residential
WEST:             Zoning:       (R-60)
                        Land Use:   Residential 

This is a special review request to construct a parking lot on a lot that is zoned Residential 6,000 (R-60), generally located on the corner of 8th Avenue South and South 31st Street.  The applicant intends to remove the existing older structures on the property to create an aesthetically pleasing parking area.  When completed, it will allow the applicant, the Friendship House of Christian Service, off street parking for their buses, vans and staff vehicles, and free up on street parking for the neighborhood.
 
There have been other parking lots approved through special review in residential zones throughout the city. Some parking lots in residential areas pre-date the requirements for special review approval. The zoning history since 1972 has only one such parking area approved in the Billings Original Town, there are some more recent examples of parking lots approved through special review including 819 Grand Avenue for Off The Leaf (R-60); 1045 Grand Avenue, Dairy Queen (RMF-R); 1403 Grand Avenue, Stockman Bank (R-60); 2032 Grand Avenue, Dana Motors (R-60); 4635 Simpson Street, Resource, Support and Development Inc. (R-70).  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 Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Zoning Regulations and the 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 the zoning regulations adopted by the City Council have designated all residential zoning districts can have off-street parking lots 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. These will apply to this parking lot.
 
The application meets criteria from the second requirement as it is consistent with some of the objectives of the Growth Policy:
Strong Neighborhoods and Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired. Infill development and development near existing City infrastructure may be the most cost effective. 

• The proposed special review will promote redevelopment of an existing property that has fallen into disrepair on the edge of a residential neighborhood where there are already City services and infrastructure. This will provide an additional service to the applicant that operates in the neighborhood and the area residents by alleviating parking issues around the Friendship House site. The proposed special review will clean up a property that is in disrepair in an established neighborhood by cleaning the lot and redeveloping the site. 

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 local non-profit organization that provides needed services to Billings residents. The application also meets the third criteria in that it is compatible with surrounding land uses in the area.  The development of this parcel into a parking lot would take a parcel that is in need of attention 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 is limited to Lots 11 and 12, Block 235 of Billings Original Town, a 7,000 square foot parcel of land. 
2. The special review approval is to allow the construction of a parking lot generally located at 802 S. 31st St. No other use is intended or implied.
3. The site will be developed in conformance with all applicable zoning and site development regulations.
4. No construction shall take place before 7 am or after 8 pm.
5. A sight obscuring fence will be installed on the southerly and westerly property lines (adjacent to alley and adjacent to residential lot) in addition to all landscaping requirements. The new fence will comply with all clear vision requirements for the alley and street intersection and the drive approach on S 31st Street.
6. The proposed development shall comply with all other limitations of Section 27-613 of the Zoning Regulations concerning special review uses, and all other City of Billings, regulations and ordinances that apply.
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.  

**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.