City Special Review 952 –54^th St West & Grand Avenue -A special review request to locate a drive through service for a pharmacy adjacent to a residential zone in a proposed 57,000 square foot building in a Community Commercial (CC) zone on Lot 1, Block 1, Bishop Fox Subdivision, an 8.197 acre parcel of land. Presented by Nicole Cromwell, Zoning Coordinator.

Planning staff recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 952.

OWNER: Bishop Fox Company, Ted Lovec
AGENT: CTA Architects & Engineers, Ron Isackson
LEGAL DESCRIPTION: Lot 1, Block 1, Bishop Fox Subdivision
ADDRESS: None assigned
CURRENT ZONING: CC
EXISTING LAND USE: Vacant - agricultural land
PROPOSED USE: Anchor grocery store with drive-thru pharmacy window, with multiple small lot commercial businesses
SIZE OF PARCEL: 8.195 acres

Preliminary Subdivision application to subdivide Lot 1, Block 1 of Bishop Fox Subdivision. PZ-16-00201.

Subject Property - The City Council approved a zone change from A-1 (County) to CC zoning on the subject property in May 2005. The property was annexed and subdivided in the same year. Lot 2, north of the subject property, was zoned Public, and sold to the City for the construction of a new Fire Station and Police Department satellite office.

Surrounding Property - Property to the east was re-zoned to multiple residential zones and annexed to the city for new development in 2006. Property to the west across 54th St West was re-zoned for commercial development and annexed to the city in 2007. Subsequent zone changes on these lots changed additional area from NC to CC. Property south across Grand Avenue was annexed and the zoning change to R-96 in 2005.

NORTH:	Zoning: R-70 Land Use: Single family homes
SOUTH:	Zoning: R-96 Land Use: Single family homes
EAST:	Zoning: RMF-R Land Use: Townhomes
WEST:	Zoning: Public, CC & NC Land Use: Fire Station #7, Vacant land

This is a special review request to allow a drive through window service on the southeast corner of a new retail grocery store and pharmacy in the north half of Lot 1, Block 1 of Bishop Fox Subdivision. The site is located on the northeast corner of the intersection of 54th St West and Grand Avenue. The property was re-zoned and annexed 10 years ago and is not yet developed. The special review is required whenever a drive through service is located adjacent to a residential zone. There is residential zoning to the north and east of the subject property. The overall site plan shows multiple commercial buildings on the property, but the special review application is only required for the drive through associated with the anchor building.

The surrounding neighborhoods to the north and east are recently developed but there are subdivision fences in place already along the north property line. Fences along the east property line are not yet in place. During the subdivision of these neighborhoods, pedestrian access points were designated so there will be walking access for these neighbors to the new commercial businesses and services. In addition, the new Fire Station to the west of the development will share a drive approach off 54th St West. The drive approach accommodates visitors to the Fire Station - fire apparatus has a separate dedicated drive approach.

Grand Avenue and 54th St West are both principal arterial streets. This section of Grand Avenue is scheduled for arterial street improvements in the next 2 years. As part of this project, a signal will be installed at the intersection of 54th St West. There will be 3 access points for this property - 1 off Grand Avenue with a deceleration lane for west bound traffic and 2 off 54th St West. Grand Avenue carries about 10,000 vehicle trips per day just west of Shiloh Road. Between Shiloh Road and 66th St West, the traffic volume drops off significantly. This will likely change when the Ben Steele Middle School at 56th St West and Grand Avenue opens in the fall of 2017. There are no traffic counts available for 54th St West north of Grand Avenue up to Rimrock Road. Traffic counts on Rimrock Road near the intersection with 54th St Street West traffic volume is about 5,100 vehicles per day.

The Planning Division has reviewed this application and is recommending 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 Unified Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Unified 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 CC zoning districts can have a drive through service adjacent to a residential zone 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 2016 Growth Policy:

• Essential Investments: Infill development and development near existing City infrastructure may be the most cost effective.

The proposed special review will promote development of a commercial service area where none currently exists on land that has been zoned appropriately for this commecial use and has easy access to City services and infrastructure. This will provide an additional services to residents within the neighborhood and throughout West Billings.

• Strong Neighborhoods and Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired.

The proposed development of this vacant land will provide walkable services to the immediately adjacent neighbors. Conditions of approval will be proposed to ensure this development does not impact these same neighbors with excessive noise, light and other intrusions.

• Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.

 The proposed special review will support a new businesses, provide employment opportunities at this location, 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.  This site is in a developing area of Billings, with mainly residential development occurring at this time. Everyday services are not yet available and the proposed development will bring these services closer to this residential population. The overall development will include a grocery store, a pharmacy, a gasoline service station as well as several other service businesses to the 8+ acre site. The proposed drive through service window for the pharmacy within the grocery store is the reason a special review is required. It is anticipated there will be minimal impacts from the proposed location of the drive through service window that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.  

RECOMMENDATION
The Planning Division recommends conditional approval.

PROPOSED CONDITIONS
1. The special review approval is limited to Lot 1, Block 1, Bishop Fox Subdivision generally located north of Grand Avenue, on the east side of 54th St West.
2. The special review is for the construction and operation of a drive through service window on the southeast corner of the proposed grocery store on the north end of the site. No other use is intended or implied.
3. The drive through service window will not be open 24-hours a day. Hours of operation will be submitted for approval at the time of building permit application. Hours of operation should not occur before 6 am or after 10 pm on a daily basis.
4. Any outdoor announcement system associated with the drive through service window shall not be audible at any property line.
5. The landscaping along the north property line and the northerly 360 feet of the east property line shall consist of the trees, shrubs  and pedestrian sidewalk as shown on the submitted site (L101).
6. For safety purposes, bollard style lighting shall be placed intermittently along the pedestrian sidewalk in the landscaped perimeter buffer yard.
7. Accessibility ramps and appropriate signage shall be placed wherever necessary for safe pedestrian crossing of internal driveways.
8. No internally illuminated signage will be placed on any wall parallel to the north or east property lines.
9. Short term bicycle parking shall be installed along the south elevation of the proposed store at a location determined appropriate by the architect and developer. The short term bicycle parking shall provide space for up to 8 bicycles. This parking will encourage cyclists to access the store itself rather than use the drive through window as well as support neighborhood access to the store using multiple transportation options. The architect and developer will follow the City of Billings Off-Street Bicycle Parking Guidelines for selection of hardware and placement of the parking racks.
10. 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. 
11. 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.

**NOTE** Approval of this Special Review does not constitute approval of a building permit, sign permit or fence permit. Compliance with all applicable local codes will be reviewed at the building permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The Planning Division points out that the use and development of the property must be in accordance with the submitted site plan.

Zoning Commission Action
The City Zoning Commission shall make a recommendation to the City Council to:
1. Deny the application for a special review use.
2. Grant the application for a special review use.
3. Conditionally grant the application for a special review use.
4. Delay action on the application for a period not to exceed thirty (30) days.
5. Give reasons for the recommendation.

Before approving a special review use, the Zoning Commission shall find that the contemplated use:
1. Complies with all requirements of this Article (27-1500);
2. Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan;
3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.

Further the Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following:
1. Street and road capacity;
2. Ingress and egress to adjoining streets;
3. Off-street parking;
4. Fencing, screening and landscaping;
5. Building bulk and location;
6. Usable open space;
7. Signs and lighting; and/or
8. Noise, vibration, air pollution and similar environmental influences.
 

Staff recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 952.