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

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 5 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.

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 Zoning Commission is recommending several conditions related to noise, lighting, 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.

The Zoning Commission has determined 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 will meet 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.

The Zoning Commission conducted a public hearing in a virtual format on August 4 and received the staff recommendation of approval and testimony from the owner and agents. No other testimony was received. The Zoning Commission considered the proposed findings and the testimony provided. Commission member Dan Brooks made a motion to recommend conditional approval of Special Review 985, modifying staff recommended condition #3 to allow hours of operation not before 5 am and the motion was seconded by Commission member Trina White. The motion was approved on a 5-0 vote.

The City Council may:

• Adopt the findings of the three criteria as recommended by the Zoning Commission and conditionally approve the application; or
• Amend the findings of the three criteria and conditionally approve or deny the application; or
• Delay action up to 30 days.

Conditional approval of this Special Review has no impact on the Planning Division budget.