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 8^th Avenue South. Tax ID: A01783.
 
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 to determine if any mitigation is needed. 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; or
• Delay action on the request for up to 30 days.

APPLICATION DATA
OWNER:                                The Friendship House of Christian Service
LEGAL DESCRIPTION:         Lots 11 and 12, Block 235 of Billings Original Town
ADDRESS:                            802 S. 31^st Street
CURRENT ZONING:             R-60
EXISTING LAND USE:         Residential
PROPOSED USE:                 Parking Lot   
SIZE OF PARCEL:                7,000 Square Feet total  
 
The Planning staff has reviewed the request and the City Zoning Commission held a public hearing on February 6, 2018, and is forwarding a recommendation for 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 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 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 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 those residents within the neighborhood by reducing the on street parking creating a safer environment for pick up and drop off of children at the Friendship House. 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 insure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community. 

The proposed special review will support a local business that services the citizens of billings, 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.  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.  

If the special review is approved a small amount of value will be added to the City's tax base. If the special review is not approved, the property may remain as it is and not increase any taxable value. 

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 off street parking for their busses, vans and staff vehicles and free up on street parking for the neighborhood.
 
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.  Although only one was approved in this subdivision; here are some examples of other properties with parking on residentially zoned land, 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.  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 Zoning Commission conducted a public hearing on February 6, 2018, and received the staff report and recommendation as well as testimony from the applicant’s agent, Matt Lundgren, executive director for Frendship House.  Mr. Lundgren gave an overview of the Friendship House history, they have been helping the residents of Billings for 60 years.  He said the Friendship House had purchased the property in hopes of creating the parking that is much needed to take their fleet vehicle off of the street and free up the parking in the neighborhood.  He stated they would like to promote safety, and the parking lot would reduce the number of their fleet vehicles on the street.  This would in turn help with pedestrian safety. 

The Board asked about the type of fence that would be used. Mr. Lundgren clarified the fence would be a chain link fence with wood slats providing a visual buffer.  He also stated the fence had been graciously donated by one of the local fencing companies in an effort to support Friendship House.

There was discussion about when the lot would be open during the day, and who would be in charge of securing the lot for the night, as well as the lighting and landscaping.  Mr. Lundgren said the lot would generally be open from 7:30 am when their programs started, and be closed primarily at 8:00 pm, however there may be times when programs end later and the lot would be closed around 10:00 pm (maybe once a week). They have a custodian on staff that would be in charge of opening and securing the lot.  The landscaping would be provided and maintained by their staff and planted as the site plan indicated.  He said the depiction on the site plan was a requirement under the landscaping section of the code. There was clarification that the lighting is already in place on the right of way at the corner of 8th and 31st Street and at the end of the alley.

Commissioners asked if the property was in a school zone, and if there were crosswalks or speed limit signs.  The property is not in a school zone but there are signs alerting drivers of pedestrian crossing. There was also discussion and clarification the pick up and drop off of children would be at the entrance of the Friendship House main building, and the parking area would be used just for parking.  They would in some instances be loading multiple vehicles to caravan to a destination, in those instances they may load passengers in the parking lot.  

The public hearing was opened and there were two residents spoke in favor of the special review application.  

Jessica Sprattler, stated she was in favor of the application.  As a mother of a child attending programs at Friendship House, she found difficulty parking when picking up and dropping off her child.

Arciela Meza said she is a former student and now a teacher at Friendship House, and was in favor the application as it would provide off street parking and help relieve some of the on street parking issues.

The public hearing was closed and Commissioner Ulvestad made a motion to forward a recommendation to the City Council to approve Special Review 961 with the recommended conditions. The motion was seconded by Commissioner Boyett and passed with a 5-0 voice vote.

Discussion of the application's consistency with adopted plans and policies, including the City of Billings 2016 Growth Policy, is included in the Alternatives Analyzed section of this memo.