a.
City Zoning Commission
- Meeting Date:
- 10/06/2015
- SUBJECT
- Special Review #932 - 1335 Golden Valley Circle - City Vineyard, City Brew
- THROUGH:
- Candi Millar
- PRESENTED BY:
- David Green
Information
REQUEST
Item #1. Special Review 932. Motion/Recommendation: Conditional Approval, Dave Green, Planner II
This is a special review request to locate a beer & wine license without gaming for City Vineyard and for a drive through service window for City Brew in a 12,000 square foot proposed building with an 85-stall parking lot and landscaping in a Planned Development zone with underlying Community Commercial (PD-CC) zoning. The subject property is Lot 9, Block 2 of Cardwell Ranch Subdivision, 1st Filing, a 2.22 acre parcel of land. Tax ID: A34332.
This is a special review request to locate a beer & wine license without gaming for City Vineyard and for a drive through service window for City Brew in a 12,000 square foot proposed building with an 85-stall parking lot and landscaping in a Planned Development zone with underlying Community Commercial (PD-CC) zoning. The subject property is Lot 9, Block 2 of Cardwell Ranch Subdivision, 1st Filing, a 2.22 acre parcel of land. Tax ID: A34332.
RECOMMENDATION
The Planning Division is recommending conditional approval.
APPLICATION DATA
| OWNER: Yegen Grand Avenue Farms, LLC | |
| AGENT: Steve Corning - Corning Companies | |
| LEGAL DESCRIPTION: Lot 9, Block 2, Cardwell Ranch Subdivision, 1st Filing | |
| ADDRESS: 1335 Golden Valley Circle | |
| CURRENT ZONING: Planned Development - Community Commercial (PD-CC) | |
| EXISTING LAND USE: Vacant / Farm Land | |
| PROPOSED USE: City Vineyard and City Brew | |
| SIZE OF PARCEL: 2.22 acres |
CONCURRENT APPLICATIONS
None
APPLICABLE ZONING HISTORY
The City has approved numerous similar applications for drive-through services along the Grand Avenue corridor in the vicinity of this property and there have also been several waivers in different areas of the City of the 600-foot separation requirement between a business serving alcohol and any building that is predominantly used as a church or school or from a public park that contains a children's playground or playfield.
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: Community Commercial (CC) Land Use: Retail and Service Businesses |
| SOUTH: | Zoning: Planned Development-Multi Family (PD-MF) Land Use: Vacant / Farm Land |
| EAST: | Zoning: PD-CC Land Use: Medical / Cancer Center |
| WEST: | Zoning: PD-CC Land Use: Vacant / Farm Land |
BACKGROUND
This is a request to allow the construction of a new building that has two businesses in it, one with drive-through service. One business will occupy a space of 2,160 square feet and the other a space of 3,200 square feet on the main floor with a 1,800 square foot mezzanine. The property is approximately 2 acres in area and is located at the intersection of Grand Avenue and Golden Valley Circle, just east of the intersection of Grand Avenue and Zimmerman Trail. The property to the north and east of the subject property is zoned and used for commercial purposes. The property on the south side of Grand Avenue to the east and west is in the Cardwell Ranch PUD and is also zoned for commercial uses but is currently used for farming purposes. The property to the south in the PD is zoned Multi-family. It is not currently developed and is used for farming purposes.
A special review is required when a drive-through service is proposed adjacent to or across an alley from a residential zone. The applicant has submitted a site plan that identifies the location of the drive-through, and site upgrades including landscaping and the proposed drive-through lane. If approved, a City Brew is planning to locate in the north end of the new drive-through café building with City Vineyard occupying the space directly behind the City Brew portion. The property drive approach will be off of Golden Valley Circle which comes off of Grand Avenue on the south side. There is no direct approach proposed for this property off Grand Avenue. Solid waste service will be located in an enclosure to meet city code and be approved by City Solid Waste. The site plan shows adequate parking for the drive-through café and the City Vineyard. There are 3 other spaces for the additional retail tenants in building.
The surrounding zoning is primarily commercial except for the zoning to the south. South of this proposed development, is zoning for a multi-family neighborhood in the Cardwell Ranch PUD. 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 Planning staff is recommending several conditions related to noise, lighting, solid waste management, 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 is a curb-walk sidewalk on the north side of Grand Avenue and a boulevard walk on the south side fronting this property. The applicant is showing boulevard walks along Golden Valley Circle along the property. The intersection of Grand Avenue and Golden Valley Circle is a ‘Right-in, Right-out’ intersection access to this lot is off of Golden Valley Circle. The proposed drive-through will be on the east side of the building with traffic flowing north and west around the front of the building. This flow pattern will have the least impact on the adjacent neighborhood. Traffic impact to the residentially zoned property to the south will be minimal as it would appear most of the traffic will exit the access point that is nearest the additional commercial zoning to the west.
This application does not meet one of the requirements of zoning for this special review use which is the required separation of 600 feet between property lines from an eating and drinking place that serves alcoholic beverages from any building that is predominantly used as a church or school or from a public park that contains a children’s play area. The 600 foot separation is between property lines. If measured from the southeast corner of the subject property to the northwest corner of Will James Middle School, the distance is approximately 104 feet. In Section 27-612 (a) (1), there are some exceptions that may be considered and will allow waiving this requirement if they are met. One is that an Arterial Street separates the properties. Another one is if a building or buildings obstruct the view between the separate uses or there is no direct physical access that exists between the two uses.
The proposed structure sits to the north of the lot and it will not be possible to see the proposed City Brew/City Vineyard from the vast majority of the Will James Middle School building because of the Frontier Cancer Center building to the east of the subject property. Also, Will James Middle School is a closed campus for lunch and has a chain link fence enclosing the grounds almost completely except for the street frontage of 30th Street West. This application meets two of the three exceptions and there only needs to be one of them met for the waiver of the 600 foot separation to be granted.
The Planning Division has reviewed this application and is recommending conditional approval and approval of the 600 foot waiver. 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 2008 Growth Policy, and 3) 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 it is in a district that allows drive-through services and on premise consumption of alcoholic beverages across from a residential zone by special review. The proposed buildings, landscaping, and solid waste storage will meet the code requirements for this zone. New landscaping will be installed around the building and along the street frontages. The property will only have access off of Golden Valley Circle which comes off of Grand Avenue.
The proposal is consistent with goals of the 2008 Growth Policy ,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 building will be located as close as realistically possible to Grand Avenue and still retain circulation for the drive up and parking area. The application is conforming to the purposes of the regulations.
PROPOSED CONDITIONS
ATTACHMENTS
Attachment A: Zoning Commission Action.
Attachment B: Zoning Map
Attachment C: Site photographs
Attachment D: Site Plan
Attachment E: Applicant Letter
A special review is required when a drive-through service is proposed adjacent to or across an alley from a residential zone. The applicant has submitted a site plan that identifies the location of the drive-through, and site upgrades including landscaping and the proposed drive-through lane. If approved, a City Brew is planning to locate in the north end of the new drive-through café building with City Vineyard occupying the space directly behind the City Brew portion. The property drive approach will be off of Golden Valley Circle which comes off of Grand Avenue on the south side. There is no direct approach proposed for this property off Grand Avenue. Solid waste service will be located in an enclosure to meet city code and be approved by City Solid Waste. The site plan shows adequate parking for the drive-through café and the City Vineyard. There are 3 other spaces for the additional retail tenants in building.
The surrounding zoning is primarily commercial except for the zoning to the south. South of this proposed development, is zoning for a multi-family neighborhood in the Cardwell Ranch PUD. 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 Planning staff is recommending several conditions related to noise, lighting, solid waste management, 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 is a curb-walk sidewalk on the north side of Grand Avenue and a boulevard walk on the south side fronting this property. The applicant is showing boulevard walks along Golden Valley Circle along the property. The intersection of Grand Avenue and Golden Valley Circle is a ‘Right-in, Right-out’ intersection access to this lot is off of Golden Valley Circle. The proposed drive-through will be on the east side of the building with traffic flowing north and west around the front of the building. This flow pattern will have the least impact on the adjacent neighborhood. Traffic impact to the residentially zoned property to the south will be minimal as it would appear most of the traffic will exit the access point that is nearest the additional commercial zoning to the west.
This application does not meet one of the requirements of zoning for this special review use which is the required separation of 600 feet between property lines from an eating and drinking place that serves alcoholic beverages from any building that is predominantly used as a church or school or from a public park that contains a children’s play area. The 600 foot separation is between property lines. If measured from the southeast corner of the subject property to the northwest corner of Will James Middle School, the distance is approximately 104 feet. In Section 27-612 (a) (1), there are some exceptions that may be considered and will allow waiving this requirement if they are met. One is that an Arterial Street separates the properties. Another one is if a building or buildings obstruct the view between the separate uses or there is no direct physical access that exists between the two uses.
The proposed structure sits to the north of the lot and it will not be possible to see the proposed City Brew/City Vineyard from the vast majority of the Will James Middle School building because of the Frontier Cancer Center building to the east of the subject property. Also, Will James Middle School is a closed campus for lunch and has a chain link fence enclosing the grounds almost completely except for the street frontage of 30th Street West. This application meets two of the three exceptions and there only needs to be one of them met for the waiver of the 600 foot separation to be granted.
The Planning Division has reviewed this application and is recommending conditional approval and approval of the 600 foot waiver. 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 2008 Growth Policy, and 3) 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 it is in a district that allows drive-through services and on premise consumption of alcoholic beverages across from a residential zone by special review. The proposed buildings, landscaping, and solid waste storage will meet the code requirements for this zone. New landscaping will be installed around the building and along the street frontages. The property will only have access off of Golden Valley Circle which comes off of Grand Avenue.
The proposal is consistent with goals of the 2008 Growth Policy ,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 building will be located as close as realistically possible to Grand Avenue and still retain circulation for the drive up and parking area. The application is conforming to the purposes of the regulations.
PROPOSED CONDITIONS
- The special review is limited to Lot 9, Block 2 of Cardwell Ranch Subdivision, 1st Filing, generally located at 1335 Golden Valley Circle.
- The special review approval is for the construction of a 12,000 square foot building of which 2,160 square feet is City Brew and 3,200 square feet is City Vineyard with a drive-through service and a beer and wine license without gaming. No other use or development configuration is intended or implied by this approval.
- Any expansion of the proposed drive-through café or the alcohol sales portion of the building greater than 10 percent of what is shown on the submitted site plan 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 20 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.
- 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.
ATTACHMENTS
Attachment A: Zoning Commission Action.
Attachment B: Zoning Map
Attachment C: Site photographs
Attachment D: Site Plan
Attachment E: Applicant Letter
RECOMMENDATION
Staff recommends Conditional Approval