This is a special review request to locate a service station, a Jiffy Lube, in an NC zoning district. Service stations include single service locations such oil changes, alignments, tire services and minor vehicle repairs. The use is an allowed use provided the proposal meets the 3 criteria for special review approval.The property is generally located at 741 S 24th St West and owner, Jeff Essman, is represented by the agent for Jiffy Lube, Terra Form Companies of Salt Lake City, UT. The Zoning Commission conducted a public hearing on June 7, 2016, and is forwarding a recommendation of conditional approval and adoption of the findings of the 3 criteria.

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 prior to the use being allowed. 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
• Delay action on the request for up to 30 days

The Planning Division reviewed the request and recommended conditional approval to the Zoning Commission based on the findings of the 3 review criteria. The Zoning Commission concurred. Before a recommendation of approval or conditional approval may 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, including any neighborhood plans, 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 because it is in a zoning district where service stations are allowed by special review approval. The application is consistent with the objectives and purposes of the Unified Zoning Regulations and the site plan appears to meet all of the requirements of those regulations. The application is consistent with the adopted Growth Policy and Infill Policy to encourage development or re-development of property with compatible uses in existing neighborhoods where City infrastructure already exists and can readily serve the property. The proposed use may have some adverse impact to the immediate vicinity and the Zoning Commission is recommending several conditions of approval to ensure these potential impacts are minimized.

The Zoning Commission proposes the following conditions of approval:
1.  The special review approval is for the operation of a service station and no other use is intended or implied by this approval.
2. The special review is limited to Lot 9A, Block 2 of Justiss Subdivision generally located at 741 S 24th St West.
3. The applicant will retain all existing trees on the property and on the adjacent rights of way. Any tree trimming required for the demolition of the existing building or construction of the new building will be done in consultation with a certified arborist. Tree trimming on trees within the public rights of way will be done after consultation with the City's Forester.
4. The applicant will use the color scheme for the new building as shown on the submitted site plan.
5. The applicant will develop the site in substantial conformance with the submitted site plan. Minor deviations and modifications are allowed.
6. There shall be no demolition or construction activity on the site before 7 am or after 8 pm daily.
7. 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.
8. 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.
9. 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.

If the special review use is approved, a new structure and re-development of the site will occur. This will likely raise the appraised value of the property and add to the City's tax base.

This location has been the subject of 5 zone change applications and 1 special review. Three zone changes from Residential 7,000 (R-70) to Residential Professional (RP) or Community Commercial (CC) zoning were attempted but denied in the late 1970s and early 1980s. In 1996, the City approved a zone change to RP and a special review to allow the drive-through service for the Valet Today dry cleaning service. The business closed approximately 2 years ago. The owner of the property submitted a zone change in 2015 from RP to Neighborhood Commercial (NC) zoning. The City Council approved the zone change in July, 2015. At the time, the property was to be sold to a small national food retailer. This sale did not occur.

The Justiss Subdivision and the Valley View Acres Subdivision to the north have been the subject of numerous zone changes and special review requests since the early 1970s. Four of the 11 zone change requests were denied. These proposed zone changes were from residential zoning to commercial zoning. Notably, in 1993, the lot directly north of the subject property received a Planned Development zone change from Public zoning to allow the city to sell a portion of property to Pier One for development. The underlying zoning for the Pier One property is NC. Special reviews for liquor licenses, large satellite dishes, a clothing store and for a veterinary clinic have been approved in the Valley View Acres Subdivision, located north of the subject property.

The owner of the subject property would like to redevelop the property as a Jiffy Lube. This business provides lubricating service to vehicles on a drive through basis similar to Master Lube, Wal-mart, Sears and Pep Boys. The site has been fully developed, but has 3 street frontages; Rosebud Drive, Henesta Drive and S 24th St West. This will make re-development of the 1/3-acre property a challenge. The property will only have access from the Henesta Drive street frontage. No access will be allowed from S 24th St West or from Rosebud Drive. The traffic count on this section of S 24th St West is about 26,000 vehicle trips per day and King Ave West, 1/2-block to the south, carries about 27,000 vehicle per day. South 24th Street West at this location is a 6-lane arterial street with a full traffic control signal at its intersection with Rosebud Drive. Rosebud Drive is a 2-lane local street with a dedicated left turn bay at the signalized intersection. Henesta Drive is also a 2-lane local street that provides service to the adjacent businesses as well as dwellings to the south and east. Henesta Drive is a dead end street when it meets property owned by Lithia Dodge on King Avenue West. There are no directly adjacent residential uses to the subject property.

The Zoning Commission conducted a public hearing on June 7, 2016, and received the staff recommendation and testimony from the agents, Jason Smith of Terra Form Companies and Matt Johnson, franchise owner for Jiffy Lube in Billings. No other testimony was received at the public hearing.
Mr. Smith explained the sample building elevations show a 4-bay facility and this location will be a 3-bay facility. He noted the building materials and color scheme will be the same as what is shown. He stated the plan is to move vehicles through the bays from south to north. He stated the site meets the minimum number of off-street parking spaces required by City code. He stated the parking spots are generally only used by employees on shift since the customer vehicles are queued in front of the bays. He stated occasionally a customer will leave the waiting area and the completed vehicle would then be parked in 1 of the 3 spaces shown on the north side of the building. Mr. Smith stated there are other Jiffy Lube stores in Montana but only 1 other location in Billings; on Main Street. He stated the business is actively pursuing at least one other location in Billings and possibly a fourth location.

Mr. Matt Johnson testified in favor of the application. He is the franchise owner of the Billings location and will be the owner of this location if it is approved. In response to a question from the Commission, he stated he owns 18 franchise locations including stores in Utah that have very challenging traffic situations for access and egress. He stated a successful franchise provides service to about 30 to 40 vehicles per day. He stated there are busy times that may overlap on the busy times on Rosebud and S 24th St West. He understands the traffic queued in the west bound lane of Rosebud could prevent left turns out of Henesta Drive during certain periods of time. Commissioners Larson, Mariska and Ulvestad all stated this is a concern since the traffic signal on S. 24th St West is given precedence and the east bound traffic out of Walmart has a longer green (left turn arrow) than the westbound traffic on Rosebud. Mr. Johnson stated Jiffy Lube always strives to assist customers so the employees will be trained to direct customers on alternate routes into and out of the neighborhood.

Commissioner Mariska asked staff why a condition was recommended to install 1 bicycle parking rack. Staff explained this would serve the future employees primarily. Commissioner Mariska stated he did not believe this condition was necessary.

Chairman Wagner closed the hearing. Commissioner Larson made a motion to recommend conditional approval, with the removal of the condition to require a bicycle parking rack, and adopt the findings of the 3 criteria. The motion was seconded by Commissioner Mariska and was approved on a 4-0 vote.
 

Consistency with Adopted Policies and Plans is discussed in the Alternatives Analyzed section above.