Regular 2.
Regular City Council Meeting
- Meeting Date:
- 01/12/2015
- TITLE
- Special Review 920 - 819 Grand Ave and 816 Avenue B - Public Hearing
- PRESENTED BY:
- Candi Millar
- Department:
- Planning & Community Services
Presentation:
PROBLEM/ISSUE STATEMENT
This is a request to allow the construction of a new parking lot (22 spaces) in a Residential 6,000 (R-60) zone (816 Avenue B) and the addition of a drive through service window adjacent to a residential zone in a Community Commercial (CC) zone (819 Grand Ave). Off the Leaf is located at 819 Grand Avenue and has recently purchased the 2 properties to the east. One property, 813 Grand Avenue, is zoned CC and the other property, 816 Avenue B is zoned R-60. The property is owned by Michael D. Stock and the agent is Jeff Kanning of Collaborative Design Architects. The applicant proposes to demolish the current dwelling at 816 Avenue B for the new parking lot and demolish the office at 813 Grand Avenue to provide a new entrance to Off the Leaf. The applicant also proposed to add a drive through window to the west side of the existing Off the Leaf coffee shop. The Zoning Commission conducted a public hearing on December 2, 2014, and forwarding a recommendation of conditional approval on a 4-0 vote.
ALTERNATIVES ANALYZED
The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with the recommendation and the findings of the 3 criteria. The City Council may:
- Accept the Zoning Commission recommendation and findings of the 3 criteria and conditionally approve the request;
- Reject the Zoning Commission recommendation and deny the application;
- Allow the applicant to withdraw the request; or
- Delay the application for a period not to exceed thirty (30) days.
Before a recommendation of approval or conditional approval can be made by the Zoning Commission, 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) is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts. The Zoning Commission finds this application conforms to the first criteria, in so far, that it is in a district that allows drive-through services adjacent to a residential zone by special review. Parking lots are allowed special review uses in all residential zones. The proposed buildings, landscaping, solid waste storage meet the code requirements for this zone. The applicant is proposing to construct a 6 foot site-obscuring fence along the east property line adjacent to a home located at 814 Avenue B. In addition, the existing fence along Avenue B will be extended to the east to provide a visual screen to the properties on the north side of Avenue B. New landscaping will be installed around the building, along the street frontages and in the parking lot.
The Zoning Commission finds the proposal is consistent with goals of the 2008 Growth Policy and the Billings Infill Development Policy, specifically the recommendation to encourage re-development of under-utilized land, encouraging compatible uses and avoiding leapfrogging development beyond city services. Planning staff is recommending conditions for this special review based on the approval criteria for special review uses. The drive through service window will be located as far as possible from Avenue B and conditions of approval will mitigate any potential negative impacts to the residential neighborhood. The application is conforming to the purposes of the regulations, the 2008 Growth Policy and the Billings Infill Policy (December 2011).
The Zoning Commission recommends the following conditions of approval:
The Zoning Commission finds the proposal is consistent with goals of the 2008 Growth Policy and the Billings Infill Development Policy, specifically the recommendation to encourage re-development of under-utilized land, encouraging compatible uses and avoiding leapfrogging development beyond city services. Planning staff is recommending conditions for this special review based on the approval criteria for special review uses. The drive through service window will be located as far as possible from Avenue B and conditions of approval will mitigate any potential negative impacts to the residential neighborhood. The application is conforming to the purposes of the regulations, the 2008 Growth Policy and the Billings Infill Policy (December 2011).
The Zoning Commission recommends the following conditions of approval:
- The special review is limited to the east 75 feet of the west 150 feet of Lot 2, Block 1 (parking lot) and Lot 1, Block 1 of Algeo Subdivision (drive through service).
- The special review approval is for the construction of a new 22 space parking lot and the installation of a new drive through service window and no other use or development configuration is intended or implied by this approval. The 2,240 square foot tenant space shown on the site plan is not subject to this special review approval.
- Any expansion of the proposed drive-through café building greater than 10 percent of what is shown on the submitted site plan (3,660 square feet) or expansion of the parking lot greater than 10 percent will require an additional special review approval.
- All exterior lighting, including security lighting shall have full cut-off shields so no part of the fixture or lens projects below the cut-off shield. The maximum height of any light pole in the outdoor areas shall be 15 feet above grade. Exceptions to this requirement are allowed for entry doorway lighting.
- No construction or demolition activity will occur before 7 am or after 8 pm daily.
- New trees shall not be any of the following species: Carolina poplar, other populus subspecies including any variety of aspens, elms, lombardy poplar, silver leaf poplar, weeping willow, or box elder. All installed trees will be continuously maintained and replaced as necessary by the owner.
- Any centralized solid waste storage shall be enclosed by a wall on 3 sides and a closing gate or gates. The wall and gates for the solid waste storage shall be similar or complimentary in color to the adjacent buildings and shall be sight-obscuring. The wall and gates shall be tall enough that no part of the interior dumpster(s) are visible from the outside.
- The site will be developed in substantial conformance with the submitted site plan including landscaping, parking and building locations.
- A sight-obscuring 6-foot fence shall be installed along the east property line that adjoins 814 Avenue B and along the north property line that adjoins Avenue B. A separate fence permit is required from the Planning Division.
- Any outdoor announcement system shall be operated so it is not audible beyond the property lines.
- The owner is allowed to have background music and un-amplified, live entertainment on the outdoor patio. Amplified, live entertainment is not allowed at any time.
- 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.
- 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.
FINANCIAL IMPACT
If approved, the property value of the lots will increase when the project is completed. The added property value will increase the City's tax base without incurring additional costs to the city for extension of new services.
BACKGROUND
This is a request to allow the construction of a new parking lot (22 spaces) in a Residential 6,000 (R-60) zone (816 Avenue B) and the addition of a drive through service window adjacent to a residential zone in a Community Commercial (CC) zone (819 Grand Ave). Due to property acquisition, Off the Leaf would like to remodel and install a drive through service window on the west side of the building. The property is adjacent to residential zoning so a special review is required to add this drive through service. The existing drive approach for Off the Leaf would be converted to a one-way exit and a new full access approach would be constructed to the east. Off the Leaf also plans to add a new 2,240 square foot space on the east side of the existing building. This space may be used for ancillary services to Off the Leaf such as offices, event tasting room, and other support functions for the restaurant. This area of the building will be 2 levels (a basement level and 1st floor) but will not be open to restaurant customers. The Off the Leaf property is about 19,890 square feet and the proposed new parking lot is about 10,650 square feet. The property at 813 Grand Avenue is zoned CC and is about 8,025 square feet. Property north of the location is zone R-60 and is developed as single family and two-family dwellings. Property to the east is zoned R-60 and CC and developed for single family and multi-family homes as well as businesses with access to Grand Avenue. South of Grand Avenue is Residential 7,000 (R-70) zoning and is developed with single family homes. To the west is CC zoning and the property is developed for Nickels Grand Casino.
A special review is required when a drive-through service is proposed adjacent to or across an alley from a residential zone and when a parking lot is developed in a residential zone. The applicant has submitted a site plan that identifies the location of the drive-through window, site upgrades including landscaping, closure of 1 driveway on Avenue B, and development of a full access driveway on Grand Avenue. The submitted site plan shows new landscaping, a new privacy fence along Avenue B and the east property line adjacent to the dwelling on Avenue B, pedestrian access from Grand Avenue and a queuing lane for drive through customers on the west side of the building. The site plans shows adequate parking for the existing and expanded café and for new offices or services in the 2,240 square foot addition to the east of the restaurant. A restaurant or food service tenant in the 2,240 square foot addition would require additional parking.
The surrounding zoning is primarily commercial except for the zoning north and east of the site. There will be no vehicle access to the site from Avenue B, a residential street north of Grand Avenue. There is no “order board” station within the proposed parking area so orders will be taken and filled at the drive through service window on the west side of the building. The site plan shows 2 new parking lot lights. Drive-through uses adjacent to or across the alley from a residential zone can create conflicts such as noise, traffic, litter and other impacts not compatible with residential uses. All of these potential impacts can be mitigated through application of conditions of approval and adherence to an approved site plan through the special review process. The Zoning Commission is recommending several conditions related to noise, lighting, traffic and site control.
Grand Avenue is a principal arterial street that carries up to 23,000 vehicle trips per day with a posted speed limit of 35 mph. There are curb-walk sidewalks on both sides of Grand Avenue. The existing fence along Avenue B has a pass through gate for pedestrians but no vehicle access from Avenue B. The proposed drive-through will be on the west side of the building with traffic flowing north and west around the rear of the building. This flow pattern will have the least impact on the adjacent neighborhood. Traffic will only exit onto Grand Avenue.
A special review is required when a drive-through service is proposed adjacent to or across an alley from a residential zone and when a parking lot is developed in a residential zone. The applicant has submitted a site plan that identifies the location of the drive-through window, site upgrades including landscaping, closure of 1 driveway on Avenue B, and development of a full access driveway on Grand Avenue. The submitted site plan shows new landscaping, a new privacy fence along Avenue B and the east property line adjacent to the dwelling on Avenue B, pedestrian access from Grand Avenue and a queuing lane for drive through customers on the west side of the building. The site plans shows adequate parking for the existing and expanded café and for new offices or services in the 2,240 square foot addition to the east of the restaurant. A restaurant or food service tenant in the 2,240 square foot addition would require additional parking.
The surrounding zoning is primarily commercial except for the zoning north and east of the site. There will be no vehicle access to the site from Avenue B, a residential street north of Grand Avenue. There is no “order board” station within the proposed parking area so orders will be taken and filled at the drive through service window on the west side of the building. The site plan shows 2 new parking lot lights. Drive-through uses adjacent to or across the alley from a residential zone can create conflicts such as noise, traffic, litter and other impacts not compatible with residential uses. All of these potential impacts can be mitigated through application of conditions of approval and adherence to an approved site plan through the special review process. The Zoning Commission is recommending several conditions related to noise, lighting, traffic and site control.
Grand Avenue is a principal arterial street that carries up to 23,000 vehicle trips per day with a posted speed limit of 35 mph. There are curb-walk sidewalks on both sides of Grand Avenue. The existing fence along Avenue B has a pass through gate for pedestrians but no vehicle access from Avenue B. The proposed drive-through will be on the west side of the building with traffic flowing north and west around the rear of the building. This flow pattern will have the least impact on the adjacent neighborhood. Traffic will only exit onto Grand Avenue.
STAKEHOLDERS
The Zoning Commission conducted a public hearing on December 2, 2014, and received the staff report and recommendation as well as testimony from the applicant's agent, Jeff Kanning of Design Collaborative Architects. The Zoning Commission received one written letter of comment from a resident at 803 Avenue B.
Mr. Kanning testified the project would improve the site traffic circulation and relieve the existing parking lot from over crowding. He stated the area would have a better, cleaner look after the project is completed. Mr. Kanning stated he received a copy of the letter of comment and assured the Zoning Commission the concerns about on-street parking on Avenue B, noise, and after dark disturbances have been addressed by the new manager of Off the Leaf. He stated the drive through location on the west side of the existing building will be far away from the residents on Avenue B and should be a vast improvement over the existing situation. In response to a question from the Commission, Mr. Kanning stated if approved, the construction will move forward in early spring with a completion in about 4 months. In response to another question from the Commission, Mr. Kanning stated he is waiting for a response from the City Traffic Engineer on the need for a traffic impact or accessibility study. Mr. Kanning explained the 2,240 square foot addition on the east side of the existing Off the Leaf will have a basement and a 1st floor level. Mr. Kanning stated the current plan for this space is for office space, a tasting room and perhaps a small bakery kitchen for Off the Leaf pastry production.
No other testimony was received. Commission member Mike Boyett made a motion to forward a recommendation of conditional approval and adoption of the findings of the 3 criteria. The motion was seconded by member Barbara Hawkins. The Commission voted 4-0, to approve the motion.
Mr. Kanning testified the project would improve the site traffic circulation and relieve the existing parking lot from over crowding. He stated the area would have a better, cleaner look after the project is completed. Mr. Kanning stated he received a copy of the letter of comment and assured the Zoning Commission the concerns about on-street parking on Avenue B, noise, and after dark disturbances have been addressed by the new manager of Off the Leaf. He stated the drive through location on the west side of the existing building will be far away from the residents on Avenue B and should be a vast improvement over the existing situation. In response to a question from the Commission, Mr. Kanning stated if approved, the construction will move forward in early spring with a completion in about 4 months. In response to another question from the Commission, Mr. Kanning stated he is waiting for a response from the City Traffic Engineer on the need for a traffic impact or accessibility study. Mr. Kanning explained the 2,240 square foot addition on the east side of the existing Off the Leaf will have a basement and a 1st floor level. Mr. Kanning stated the current plan for this space is for office space, a tasting room and perhaps a small bakery kitchen for Off the Leaf pastry production.
No other testimony was received. Commission member Mike Boyett made a motion to forward a recommendation of conditional approval and adoption of the findings of the 3 criteria. The motion was seconded by member Barbara Hawkins. The Commission voted 4-0, to approve the motion.
CONSISTENCY WITH ADOPTED POLICIES OR PLANS
Please refer to the Alternatives Analyzed section above for consistency with adopted plans and policies.