Planning staff recommends conditional approval and adoption of the findings of the review criteria for Special Review 1004.

Special Review 1004 is a request to allow a drive-through use for a proposed 7 Brew Coffee facility at 533 S 24th St W within the Corridor Mixed Use 1 (CMU1) district. The property, formerly used as a veterinary facility that was recently demolished, is adjacent to residential zoning, which requires Special Review of the application. The site will be redeveloped with a small drive-through-only coffee stand, improved access, internal stacking to prevent street overflow, and enhanced landscaping, and will utilize person-to-person ordering with no outdoor speaker system to minimize impacts on adjacent residential properties. Staff finds the proposal meets the Special Review criteria and recommends conditional approval.

This is a Special Review request to allow a drive-through service adjacent to a residential zoning district along the east property line for a proposed drive-through retail coffee facility. The subject property, located at 533 S 24th St W, is zoned Corridor Mixed Use 1 (CMU1). While drive-through uses are permitted in the CMU1 district, a Special Review is required when the use is adjacent to or across an alley from residential zoning. The site was previously developed as a veterinary clinic, which has since been demolished. The parcel is currently vacant and contains approximately 29,039 square feet (0.66 acres). The property is directly adjacent to residential zoning to the east and south, with commercial uses located to the north and west.

The applicant proposes to redevelop the site with a 510-square-foot drive-through-only coffee stand and an approximately 280-square-foot cooler/storage structure. The business will operate with two internal stacking lanes and no indoor or outdoor seating. Unlike traditional drive-through facilities, the proposed operation will not utilize an outdoor speaker system; instead, employees will take orders in person at customers’ vehicles. Proposed hours of operation are 5:30 AM to 10:00 PM Sunday through Thursday and 5:30 AM to 11:00 PM Friday and Saturday.

The CMU1 district is intended to accommodate commercial and mixed-use development along major transportation corridors while promoting compatibility with surrounding neighborhoods. The district supports pedestrian-oriented design but also allows auto-oriented commercial uses along arterial corridors. Because the proposed drive-through is adjacent to residential zoning, Special Review approval is required to evaluate site-specific impacts and ensure compatibility.

The property fronts S 24th St W, a major north-south arterial corridor, and also has frontage along Lampman Avenue. The proposal consolidates two existing drive approaches along Lampman Avenue into a single improved access point, reducing curb cuts and improving site circulation. All access will occur from Lampman Avenue; no direct access is proposed from S 24th St W. The intersection of Lampman Avenue and S 24th St W is signalized and allows all turning movements.

The submitted site plan demonstrates internal counterclockwise circulation with dual stacking lanes, on-site parking, landscaping improvements, and retention of screening adjacent to residential properties. Surrounding development along the S 24th St W corridor includes established commercial uses, reinforcing the corridor’s role as a retail and service destination for the surrounding neighborhood.

The property was rezoned from Residential 7,000 (R-70) to Neighborhood Commercial (NC) in 2017 and was transitioned to CMU1 with adoption of the 2021 zoning update. In addition, the property received Special Review approval in 1995 to allow the establishment of a veterinary clinic use on the site.

APPLICATION DATA
OWNERS: Michael Walker
AGENT: Brian Evans, 7 Brew
PURPOSE: A special review request to allow a drive-through service adjacent to a residential zone district, in a Corridor Mixed Use 1 (CMU1) zone. 
LEGAL DESCRIPTION: Lots 1-3, Block 5, Valley View Acres Subdivision Amended Plat  
ADDRESS: 533 S 24th St W
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Drive through coffee business
EXISTING ZONING: CMU1 - Corridor Mixed Use 1
SIZE OF PARCEL: 29,039 square feet (0.66 acres) 

SURROUNDING ZONING & LAND USE
NORTH: CMU1 - Corridor Mixed Use 1
Land Use: Multi-tenant commercial development
SOUTH: NMU - Neighborhood Mixed Use and N2 - Mid-Century Neighborhood
Land Use: Commercial Retail - DXL Clothing and Residential Homes
EAST: N2 - Mid-Century Neighborhood
Land Use: Residential Home
WEST: CMU2 - Corridor Mixed Use 2
Land Use: Tidal Wave Car Wash


SUMMARY
PROPOSED FINDINGS OF THE REVIEW CRITERIA (Section 27-1623.D and E)
Planning staff recommends conditional approval of the requested special review based on the proposed findings of the criteria.

1. The special review use is consistent with the City's growth policy and applicable neighborhood plans, if any.
Essential Investments 

• Infill development and development near existing City infrastructure may be the most cost-effective.

The proposed Special Review facilitates the redevelopment of an underutilized parcel that previously operated as a vet clinic and is now vacant. Located along a key commercial corridor already supported by public infrastructure, the project promotes efficient infill development within the city limits. This approach optimizes the use of existing streets, utilities, and public services, minimizing the need for costly infrastructure expansion.

Strong Neighborhoods

• Neighborhoods that are safe and attractive and provide essential services are much desired.

This redevelopment brings a neighborhood-oriented commercial use to the area, a coffee shop. The site is located within an established commercial corridor that already provides a range of services. Conditions of approval will help preserve the character of the surrounding area, promoting safety and ensuring a comfortable environment for patrons visiting 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 project will add a new commercial space, generating short-term construction jobs and long-term employment opportunities within the planned coffee shop. These types of businesses help strengthen the local economy by providing essential, everyday services and fostering economic resilience. The development supports the City's goals for business growth and job creation, contributing to the continued vitality of the area.

2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
The proposed drive through coffee shop has been designed to minimize potential negative impacts on public health, safety, and the general welfare, particularly given its location along an established commercial corridor. The site layout, traffic circulation, and operational features have been carefully considered to promote compatibility with surrounding uses and ensure safe and efficient site operations. With these site features and appropriate conditions of approval in place, the proposed use can operate in a manner that is not detrimental to the health, safety, or comfort of the surrounding neighborhood and uses. The establishment will not have a drive through speaker system and instead employees of the establishment will take orders at customer's cars. This will help minimize sound impacts to adjacent residential properties during business hours. 

3. The site is adequate in size for the proposed use and has topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
The subject property at 533 S 24th St W. is approximately 0.66 acres and is zoned Corridor Mixed Use 1 (CMU1). The CMU1 district is intended to accommodate a variety of commercial and mixed-use developments along key corridors and permits a coffee drive through store with special review approval. The proposed development, is consistent with the scale and intent of uses allowed in the district. The site is relatively flat and does not present any known topographical or environmental constraints that would limit development. The submitted site plan generally aligns with the dimensional standards of the CMU1 zoning district, including height and landscape buffer requirements. However, the proposed development does not meet certain build-to zone and façade requirements of the CMU1 district. As discussed with the applicant, variances will be required to address these standards. The need for variances results from existing subdivision covenants and restrictions that constrain the site layout.

4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
The proposed coffee shop with a drive-through is located within the CMU1 zoning district. The site is bordered by commercial uses to the north, south, and west, while residential zoning exists to the east. Additionally, the site was formerly used as a veterinary facility, Caring Hands, which relocated within the corridor.  The use is consistent with the intent of the CMU1 zone, which accommodates commercial uses along transportation corridors to promote development that is comfortably accessible. There is no indication that new development on this property would negatively affect or reduce property values in the surrounding neighborhood.

5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
The proposed coffee shop with a drive through is located within the Corridor Mixed Use 1 (CMU1) zoning district, which is designed to accommodate a wide range of commercial and mixed-use developments along key transportation corridors. The proposed project is located within a developed subdivision and will utilize existing city infrastructure like roadways, water and sewer connections. Additionally, the establishment will not have a drive through speaker system and instead employees of the establishment will take orders at customer's cars. This will help minimize sound impacts to adjacent residential properties during business hours. 

6. Conditions necessary to protect the public health, safety, and general welfare can be established.
Staff recommends the following conditions of approval for this project based on the findings of the review criteria:

1. The special review approval is for a drive through coffee facility, located at 533 S 24th St W. on Lot 1-3, Block 5, Valley View Acres Subd., S07, T01 S, R26 E, a 29,039-square foot parcel of land. No other use is intended or implied.
2. No outdoor speaker or amplified ordering system shall be audible at any property line, should one be added in the future. 
3. Any new lighting on the building or within the parking lot shall have full cutoff shields, so light is directed to the ground and not onto adjacent property.
4. Existing screening adjacent to residentially zoned properties shall remain in place and maintained. If removed or altered, a sight-obscuring fence shall be installed along the residential property line to buffer the adjacent zoning district.
5. All other applicable limitations and requirements of the Billings, Montana City Code Zoning Regulations shall apply.
6. Provided all conditions of approval are met, the Special Review approval shall run with the land described herein and shall apply to all current and subsequent owners, operators, managers, leaseholders, heirs, and assigns.

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
Any new construction on the site will follow applicable building codes, engineering standards, and all zoning requirements will be followed.

8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
The subject property currently contains two access points from Lampman Avenue. The proposed development will consolidate these into one improved access location. Any changes to the access configuration will be subject to review and approval by the City Engineering Division.

9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the city council.
The proposed development meets all other zoning code requirements, the submitted site plan generally aligns with the dimensional standards of the CMU1 zoning district, including height and landscape buffer requirements. However, the proposed development does not meet certain build-to zone and façade requirements of the CMU1 district. As discussed with the applicant, variances will be required to address these standards. The need for variances results from existing subdivision covenants and restrictions that constrain the site layout and make full compliance with CMU1 build-to requirements impracticable.

The special review application will no financial impact on the Planning Division budget. 

The applicant conducted a pre-application neighborhood meeting on January 22, 2026. No surrounding property owners attended the meeting. Planning staff prepared and mailed the public hearing notice to surrounding property owners, published a legal ad and posted the property with the Zoning Request sign. Planning staff received no communication on the application from the surrounding owners or the public as of the writing this report.

The City Zoning Commission may take one of the following actions:

• Recommend conditional approval and adoption of the proposed findings to the City Council, as submitted by Planning staff;
• Recommend approval and adoption of the proposed findings to the City Council; 
• Recommend denial and adopt different findings of the review criteria;
• Delay action of the application until the next regular meeting; or
• Allow the applicant to withdraw the application.

The Zoning Commission may add conditions of approval or amend the recommended conditions of approval. If the Zoning Commission delays the application until the next regular meeting, the public hearing will be kept open to allow additional testimony and submittal of information by the applicant or interested parties. The applicant has not requested a withdrawal of the application. Any substantive change or modification of the application by the applicant will require another public hearing and notice to surrounding owners.