City Special Review 959 – 1025 N 27^th St, 2601 10^th Ave N & 1010 N 26^th St  - A special review request to allow the location of two drive through services in a Community Commercial (CC) zone across an alley from a Residential zone and to allow the location of a new public parking lot in a Residential 7,000 (R-70) zone on Lot 3, Block 5, Sunnyside Subdivision, 1st Filing (CC zone - 40,732 square feet); South 100 feet of Lot 4, Block 5, Sunnyside Subdivision, 1st Filing (R-70 zone – 14,000 square feet); and the North 50 feet of the south half of Lot 4, Block 5 Sunnyside Subdivision, 1st Filing (R-70 zone – 7,000 square feet). Tax IDs: A16341; A16345 & A16346.

Conditional approval.

OWNER: Hillcrest, Inc.
AGENT: Dennis Randall, Sanderson Stewart
LEGAL DESCRIPTION: Lot 3, block 5, Sunnyside Sub. 1st .  S 100’ of L 4, Blk 5, Sunnyside Sub, 1st , N 50’ of s 1/2 Lt 4, Blk 5 Sunnyside Sub 1st
ADDRESS: 1025 N 27th, 2601 10th Ave. N, 1010 N 26th St.
CURRENT ZONING: CC, R-70
EXISTING LAND USE: Hotel, Residential multi family
PROPOSED USE: Bank, Restaurant, Parking Lot
SIZE OF PARCEL: 40,732; 14,000;7,000

None.

Subject Property –None
 
Surrounding Property – Records show there have been two special reviews approved in this subdivision, one for a drive through restaurant and one for an all beverage liquor license, both conditionally approved.

NORTH:   Zoning:      CC
                  Land Use: Medical office facility
SOUTH:    Zoning:       Public
                  Land Use:   Park/Ball field    
EAST:       Zoning:      R-70
                  Land Use:  Residential single family/Residential multi-family
WEST:      Zoning:      Medical Corridor
                  Land Use:  Hospital and medical facility

This is a special review request to allow the location of two drive through services in a Community Commercial (CC) zone across an alley from a Residential zone and to allow the location of a new public parking lot in a Residential 7,000 (R-70) zone on Lot 3, Block 5, Sunnyside Subdivision, 1st Filing (CC zone - 40,732 square feet); South 100 feet of Lot 4, Block 5, Sunnyside Subdivision, 1st Filing (R-70 zone – 14,000 square feet); and the North 50 feet of the south half of Lot 4, Block 5 Sunnyside Subdivision, 1st Filing (R-70 zone – 7,000 square feet). Tax IDs: A16341; A16345 & A16346.
 
Planning Staff has reviewed this application and found two other special reviews approved in this subdivision; one for a drive through restaurant and one for an all beverage liquor license. The Planning Staff also received comments from the Montana Department of Transportation (MDT) as follows: 1) An approach permit from the State will be necessary for the northern approach, 2) An approach permit will be needed for the existing south approach only if it is to be relocated or rebuilt to a new configuration. 3) The existing north approach can be removed, and curbing restored without a permit. 4) Boulevard sidewalk is preferred over existing curb sidewalk. 5) The sidewalk at 10th and 27th is not ADA compliant.  It will need to be upgraded if the sidewalk adjacent is to be replaced.  MDT would require a meeting with the contractor to discuss these changes and would be inspecting the work within our ROW. 6) If the luminaire is to be moved, MDT must be contacted to coordinate.
 
The Planning staff reviewed the proposed location of two drive through services across an alley from a residential zone and to allow the location of a new public parking lot 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 Zoning Regulations, 2) The application is consistent with the objectives and purposes of the  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 and R-70 zoning districts can be used for public parking as long as they go through the special review process.  There are requirements for landscaping and screening from the 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: Neighborhoods that are safe and attractive and provide essential services are much desired. Redevelopment of existing property will provide additional services to the residents as well as provide services to adjacent medical corridor. The proposed special review will provide services to benefit the residents of the neighborhood and serve the adjacent hospital patients, visitors and staff.  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 two 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 an area of Billings, with residential zoning and commercial zoning as well as the medical corridor to the west of the subject property. The uses to the north and south are commercial and properties to the east are residential.  There are minimal impacts from the proposed use that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.

Planning Staff has reviewed the application and is forwarding a recommendation of conditional approval and adoption of the findings of the three criteria.
 
PROPOSED CONDITIONS

1. The special review is limited Lot 3, Block 5, Sunnyside Subdivision, 1st Filing, South 100 feet of Lot 4, Block 5, Sunnyside Subdivision, 1st Filing and the North 50 feet of the south half of Lot 4, Block 5 Sunnyside Subdivision, 1st Filing.
2. This special review to allow the location of two drive through services across an alley from a residential zone and to allow the location of a new public parking lot in a Residential 7,000 zone.  No other use is intended or implied.
3. The drive through service windows 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 shall not occur before 6 am or after 10 pm on a daily basis.
4. In addition to required landscaping, the landscaping along the east property line shall consist of the trees and shrubs as shown on the submitted site plan in addition to any required sight obscuring fencing. 
5. Parking and drive through isles along with the existing and proposed drive approaches from N 27th Street and the alley shall be reviewed and approved by the City Engineering Division and Montana Department of Transportation.
6. The sidewalk improvements along N. 27th Street shall comply with requirements of Montana Department of Transportation.  In addition to MDT review, the required boulevard walk landscaping planting shall be reviewed and approved during building permit review by the City Planning Division.
7. For safety purposes, bollard style lighting shall be placed intermittently along the pedestrian sidewalk in the landscaped perimeter buffer yard.
8. Accessibility ramps and appropriate signage shall be placed wherever necessary for safe pedestrian crossing of internal driveways.
9. All sidewalk improvements on the corners of N. 27th Street and 10th Avenue N. and 10th Avenue N. and N 26th Street shall be reviewed and approved by the City Engineering Division and MDT to comply with accessibility requirements.
10. No internally illuminated signage will be placed on any wall parallel to the east property lines.
11. 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.
12. 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 recommending approval of 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.