Special Review #966- 2202 Central Avenue - A Drive Through Food Service - A special review request to locate a drive through food service restaurant across an alley from a Residential zone in a Community Commercial (CC) Zone on Lot 1B, Block 1 of Central Heights Subdivision, 2^nd filing; a 21,211 square foot parcel of land. Little Caesar’s Pizza is proposing a new location at this address. Tax ID: A04406.  Presented by Karen Husman, Planner I.

The Planning Division recommends conditional approval and adoption of the findings of the 3 criteria as required by BMCC 27-1503 for Special Review 966.
 
Special Review applications are reviewed using BMCC Section 27-1503 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.

OWNERS:  Zarbock Enterprises, LLC
AGENT:  John Atkinson
PURPOSE:  Locate a drive through food service restaurant
LEGAL DESCRIPTION: Central Heights Sub, 2nd filing, Lot 1B, Block 1
ADDRESS: 2202 Central Ave
EXISTING LAND USE: Commercial
PROPOSED LAND USE: Commercial
EXISTING ZONING: Community Commercial-CC
 

None.

Subject Property- Special Review #220 was conditionally approved to allow the sale of alcoholic beverages.
 
Surrounding Property- There have been four special reviews approved in the subdivision for drive in or drive through services next to residential zoning.

NORTH:   Zoning:      Community Commercial -CC
                  Land Use:  Commercial
SOUTH:    Zoning:     Residential-7000 – R-70
                  Land Use:  Residential    
EAST:       Zoning:      CC
                  Land Use:  Commercial
WEST:      Zoning:      CC
                  Land Use:  Commercial

This is a special review request to locate a drive through food service restaurant across an alley from a Residential zone in a Community Commercial (CC) Zone on Lot 1B, Block 1 of Central Heights Subdivision, 2nd filing; a 21,211 square foot parcel of land. Little Caesar’s Pizza is proposing a new location at this address.  The special review is required whenever a drive through service is located adjacent to a residential zone.  There is residential zoning to the south of the subject property across the alley. 
 
There have been four special reviews approved for this subdivision to allow drive through services.  Special Review #541, 2244 Central, #297 at 2274 Central, #556 at 2338 Central, and #876 at 2156 Central were all conditionally approved for drive through services.  The property zoning to the north, east and west is CC and are all currently commercial uses.  The residentially zoned parcels to the south across the alley should be minimally impacted with the proposed conditions of approval.
 
The Planning staff has reviewed the proposed location for a drive through service 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 as required by BMCC 27-1503: 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 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 proposed facility meets all the requirements of 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 on a parcel where none currently exists on land that has been zoned appropriately for this commercial use and has easy access to City services and infrastructure. This will remove an older structure and replace it with a new, updated building than previously existed.
 
Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired. 
The proposed development of this 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 business, 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 residential uses to the south and commercial zoning with commercial uses to the north, east and west. 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.

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.

The Planning Division recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 966.
 
PROPOSED CONDITIONS

1. The special review approval is limited to Lot 1B, Block 1 of Central Heights Subdivision, 2nd filing generally located at 2202 Central Avenue.
2. The special review is for the construction and operation of a drive through service window on the west side of the new drive through pizza restaurant. No other use is intended or implied.
3. The drive through service window shall 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. Any outdoor announcement system associated with the drive through service window shall not be audible at any property line.
5. No internally illuminated signage will be placed on any wall parallel to the south property line.
6. A sight obscuring fence shall be placed on the south property line to buffer the residentially zoned property across the alley.
7. The proposed development shall comply with all other limitations of Section 27-613 of the Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.
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.

**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.