City Special Review 985 - 446 Grand Ave - A special review request to allow a drive through service for a new 860 square foot coffee shop, in a Neighborhood Commercial (NC) zone, on Block 35, Lot 24A, & Lt 25-28 & the W ½ of Lot 29 Suburban Homes Addition, a 17,837 sf parcel of land. Presented by Karen Husman, Planner I.

The Planning Division recommends conditional approval and adoption of the findings of the three criteria for Special Review 985.

OWNERS: Lawrence A. Smith
PURPOSE: Locate a drive through food service across an alley from a residential zone
LEGAL DESCRIPTION: Block 35, Lot 24A, & Lt 25-28 & the W ½ of Lot 29 Suburban Homes Addition
ADDRESS: 446 Grand Avenue
EXISTING LAND USE: Commercial
PROPOSED LAND USE: Commercial
EXISTING ZONING: NC

None.

SUBJECT PROPERTY	SPECIAL REVIEW #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
446 Grand	SR 130	July 26, 1982	Gas Station in NC zone	Yes
SURROUNDING PROPERTY	Special Review #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
1045 Grand	803	2/27/06	Drive thru	Y	Dairy Queen
1026 Grand	161	1/1980	Drive thru	Y	Taco Bell
2156 Central	876	5/25/09	Drive Thru	Y	Proposed Coffee shop
910 Grand	915	1/27/14	Drive thru	Y	Starbucks

NORTH:   Zoning:    Public 
                  Land Use:  Billings Senior High School
SOUTH:    Zoning:     Residential-7000
                  Land Use:  Residential    
EAST:       Zoning:      NC
                  Land Use:  Commercial & Residential
WEST:      Zoning:      NC
                  Land Use:  Commercial & Residential

This is a special review request to allow a drive through service across an alley from a residential zone for a new 860 square foot coffee shop at 446 Grand Avenue. This is the former location of the Mcfinny's gas station and convenience store. The property is in a Neighborhood Commercial (NC) zone. The special review is required whenever a drive through service is located adjacent to a residential zone. 
 
This is a request to allow the demolition of an existing building and construction of a new building for a drive-through café. The property to the south across the alley is zoned R-70 and is developed for residential uses. A special review is required when a drive-through service is proposed adjacent to or across an alley from a residential zone. The surrounding zoning is primarily commercial except for the zoning south of the alley. South of the alley is a developed single-family and two-family neighborhood. 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. 

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 are curb-walk sidewalks on both sides of Grand Avenue and both sides of 5th Street West. The intersection is a 4 way signalized controlled intersection.  This is a very busy intersection and any interruptions in the existing flow of traffic may have a significant impact during peak hours.  In addition to vehicular traffic, the intersection is also very busy with pedestrian traffic to and from Senior High.  

The Planning staff is recommending several conditions related to noise, lighting, solid waste management, traffic and site control. The Engineering Division has concerns about the traffic impact at this intersection and will be requiring a queue analysis for the drive through. The analysis will be completed and will include the egress and ingress to the site before approving the site plan.

 

 
This application conforms to the first criteria in so far that the zoning regulations adopted by the City Council have designated all NC 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 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 redevelopment of a commercial service area on a currently vacant parcel. The property is 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 with a similar use.

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

The proposed redevelopment 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 east and west, and a school to the north. 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.
 
PROPOSED CONDITIONS

1. The special review approval is limited to on Block 35, Lot 24A, & Lt 25-28 & the W ½ of Lot 29 Suburban Homes Addition,  generally located at 446 Grand Avenue.
2. The special review is for the construction and operation of a drive through service window on the east side of a coffee shop restaurant. 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. 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.
 
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 three criteria for Special Review 985.