Planning staff is recommending conditional approval based on the proposed findings of the nine review criteria (BMCC 27-1623.D), and approval of the requested accompanying variance from the front lot line building coverage of at least 50% (Table 27-400-3).

Special Review 993 - This is a special review request to allow a vehicle service and repair building over 5,000 square feet in a Corridor Mixed Use 2 (CMU2) zone district, for a new 9,540 square foot building, on Lot 4E3, Block 1 of Shiloh Crossing Subdivision, a 2.17 acre parcel of land. The applicant is also requesting variances from the front lot line building coverage of at least 50% (Table 27-400-3).

APPLICATION DATA
OWNER:  Central Holdings, LLC
AGENT:  Donna Madson
LEGAL DESCRIPTION: Lot 4E3, Block 1 of Shiloh Crossing Subdivision
ADDRESS: None assigned - generally located at the south intersection of Shiloh Road and Shiloh Crossing Blvd.
CURRENT ZONING: CMU2
EXISTING LAND USE: Vacant
 PROPOSED USE: Tire and Auto center greater than 5000 sf
 SIZE OF PARCEL: 2.17 acres

CONCURRENT APPLICATIONS
None

APPLICABLE ZONING HISTORY
See attachments

SURROUNDING ZONING & LAND USE
NORTH:   Zoning: CMU2
Land Use: Vacant
SOUTH:    Zoning:CMU2 & CX
Land Use:  Vacant
EAST:       Zoning: CMU2 
Land Use:  Scheels Sporting Goods 
WEST:      Zoning: P1
Land Use:  Open Space and Hogans Slough

The proposed tire center and auto repair shop would fit into this area of mixed commercial development.  Including multiple restaurants, retail clothing, shoe and sporting goods sales, a movie theater, financial institutions and other local and national businesses within the Shiloh Crossing Subdivision.  

Applicants for special review approval are now required to conduct a pre-application neighborhood meeting similar to zone change applicants. The preapplication meeting was held in virtual meeting format on Tuesday, January 11, 2022. There were two members of the public in attendance, Jeff Kanning and Oscar Heinrich.  During the presentation, the design team shared the plan to construct a new Les Schwab Tire Center in the Shiloh Crossing Shopping Center. A copy of the meeting synopsis is included in the attachments. No comments were received by the Planning staff after the public hearing notices were mailed, the property was posted, and the legal ad published as required. 

The City Zoning Commission shall make a recommendation to the City Council to:

1. Deny the application for a special review use; or
2. Grant the application for a special review use; or
3. Conditionally grant the application for a special review use; or
4. Delay action on the application for a period not to exceed thirty (30) days.

The Zoning Commission recommendation will be based on the findings of the nine review criteria for special review uses. The Zoning Commission recommendation shall be based on findings of fact for each criterion and shall be transmitted to the applicant or applicant's agent as well as the City Council. The proposed findings of the criteria are in the Summary section below.

Approval or disapproval of the proposed special review use should not have an impact of the Planning Division budget.

The new zoning code has a variety of considerations and findings before a special review use can be considered acceptable at a particular location. The requirements are set forth in Section 27-1623.D as follows:

1. The special review use is consistent with the City's growth policy and applicable neighborhood plans, if any;
2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
6. Conditions necessary to protect the public health, safety, and general welfare can be established, including but not limited to conditions on:

(a) Regulation of the use;
(b) Special setbacks, buffers, or screening;
(c) Surfacing of parking areas;
(d) Street, alley, or service road dedications, improvements, or bonds;
(e) Regulation of points of vehicular ingress and egress;
(f) Regulation of signs;
(g) Regulation on the performance of the site, including noise, vibration, and odors;
(h) Regulation of the hours of activities;
(i) Timeframe for development
(j) Duration of use; and
(k) Other relevant conditions that will ensure the orderly development of the site.

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided;
8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets; and
9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the city council.

Each decision criteria must be given due consideration and a finding is proposed for each one. Planning staff is including a set of recommended conditions of approval based on the submitted site plan, applicant letter, and findings of the criteria. A significant change from the previous zoning code is that a special review use must not be considered an "allowed" use in the zone district. The proof of compatibility now rests with the applicant instead of the Zoning Commission and City Council to prove non-compatibility. The applicant is requesting one requirement of the CMU2 zone district be modified for the purpose of this application. (Criteria 9). The applicant requests to provide less than 50% front lot line coverage on the Shiloh Road frontage.  The applicant proposes the use is compatible by stating it is an in-fill project that will provide services to a high density developing area.

PROPOSED FINDINGS:

1. The special review use is consistent with the City's growth policy and applicable neighborhood plans, if any.

Applicant: According to the 2016 City of Billings Growth Policy, residents envision a city that grows and diversifies within existing city limits and capitalizes on connecting to existing infrastructure. The proposed Les Schwab Tire Center project aligns with this vision. Below is a list of Growth Guidelines taken from the Growth Policy that are supported by the proposed Les Schwab Tire Center.

Staff: Staff agrees with the applicant's determinations. There are nine Growth Guidelines in the 2016 City of Billings Growth Policy including Essential Investments, Placemaking, Community Fabric, Strong Neighborhoods, Home Base, Mobility & Access and Prosperity. In addition, the West Billings Neighborhood Plan includes goals and policies related to development in this area of Billings including Planned Growth, Appropriate Land Use, Achieving a Distinctive Community Character and Enhancing Public Safety, Open Space, Waterways and Scenic Resources. It is desirable to complete the development of this 15-year-old subdivision. This is one of the last parcels to be developed in the Shiloh Crossing Subdivision.  Development of this property will be an appropriate commercial business on this busy intersection. The West Billings plan acknowledged this area as a major commercial development node that would include a variety of businesses and services. On the east across Shiloh Crossing Blvd. is the Sheels sporting goods store. In addition to the Sheels site this is a large commercial development that includes several restaurants, a movie theater, a clothing store (Kohls), Jiffy Lube, and a number of other businesses including restaurants, retail and services to accommodate West Billings demand and the larger regional retail market.

Essential Investments

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

The proposed project is considered commercial infill development due to its location within the Shiloh Crossing subdivision and its diverse commercial development. This location, on the west end of city limits, facilitates connection to existing City water & sewer and access using the existing street system. Further, the retail opportunities and services provided by the Les Schwab Tire Center will improve convenient access to residents and visitors looking for tires and auto services in the area. Les Schwab complements the existing national and regional tenants.

Community Fabric:

• Attractive streetscapes provide a pleasant and calming travel experience in urban and suburban neighborhoods.
• Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity.
• Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors.

The shops at Shiloh Crossing are Montana’s newest and largest lifestyle center located in Billings, Montana. The 80-acre retail, dining, and entertainment center serves a customer base from Montana, Wyoming, North and South Dakota, in addition to a large tourist trade. Due to the scale of development at Shiloh Crossing, services focus on providing large community scale areas each connected by a network of sidewalks and landscaped areas to encourage pedestrian activity and vibrant commercial activity. The proposed project improvements include a professionally designed landscape plan to align with the look and feel of Shiloh Crossing and comply with city requirements. A new sidewalk is also planned to span the parcel frontage facing Shiloh Crossing Blvd and will improve pedestrian connection throughout the subdivision.

Prosperity:

• Successful businesses that provide local jobs benefit the community.
• Retaining and supporting existing businesses helps sustain a healthy economy.

The applicant has stated in their application packet that Les Schwab Tire Center sets the standard for consistently exceptional customer service and today, the business has grown to over 7,000+ employees and is a trusted name in the west. With stores already in many Montana communities, Les Schwab has established itself as a successful business and job producer.  Staff finds this is an opportunity for more available jobs in Billings. 

Planned Growth, Appropriate Land Use, Achieving a Distinctive Community Character: (West Billings Plan)

• Promote efficient utilization of land within the West Billings planning area by promoting well-designed, more pedestrian friendly, urban development patterns with a mix of uses and an efficient, creative use of land.
• With the intent of preventing strip commercial development, the West Billings planning area should contain commercial nodes of varying sizes located at the intersections of arterial streets.
• Large commercial stand-alone development lacking amenities such as landscaping and varied roof-lines, generally known as "big box," as exists along King Avenue near 24th Street West, is not appropriate to the desired character of West Billings west of or along Shiloh Road.
• Commercial nodes should contain business development sites of various sizes to accommodate a variety of businesses.
• Create identifiable, pedestrian-oriented commercial developments with focal points, opportunities for mixed-use areas that aesthetically combine residential and commercial buildings, residential subdivisions, and park areas that link neighborhoods through a linear open space network, subdivision entryways and special arterial treatments.
• Provide a consistent and abundant network of landscaping along streets and in parking areas by the creation of street tree planting, landscaped streetscapes, and aesthetic site improvement qualities throughout West Billings, and assure there is adequate room for utility placement in the right of way.

The proposed development plan and site development will help achieve some of the stated goals of the West Billings Plan. The intent is to provide pedestrian access to the site, provide landscaping along the street frontage, a building design that complements the existing entryway corridor of Shiloh Road and a safe lighting plan to minimize crimes of opportunity.

2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
Applicant: The proposed location within the Shiloh Crossing Shopping Center is an ideal site for the proposed project. The site is zoned Commercial Mixed Use 2 (CMU2) and is surrounded by commercially zoned properties. In addition, the shopping center location allows Les Schwab to join other national retailers, to provide service and shopping opportunities for community members. During the Neighborhood Meeting, a Property Owner Association (POA) representative asked that a landscape buffer be added to the east side of the site to soften the view of the use from the Scheels property. An evergreen buffer was added to the landscape plan to mitigate this concern or potential visual impact to the Scheels site.

Staff: Staff agrees with the applicant and has recommended conditions to mitigate impacts on the adjacent Scheels site and ensure the landscape buffering is installed and maintained.

3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
Applicant: The proposed site is 2.17 acres in size and is located within the Shiloh Crossing Shopping Center. This location within the Shiloh Crossing Subdivision which was reviewed and approved by the City of Billings to ensure access, infrastructure capacity and other public health and safety topics. The proposed building square footage is 9,543 SF leaving adequate lot area to construct needed parking and ample, well-designed landscaping. Landscaping has been designed to meet both the requirements prescribed in City of Billings Zoning and POA standards. The proposed plant species illustrate native and water-wise planting with automatic drip irrigation that can be scheduled to align with Billings weather. No standard turf is proposed, instead, a dry land seed mix formulated by a seed supplier in the region will be used to facilitate appropriate cover. The street frontage landscaping includes several native species selected to endure rugged conditions - from hot, dry summer heat to snow loads in the winter, common for the Billings.

Staff: The site is a large site and will not have obvious or immediate access to the adjacent neighborhoods. The site has the required parking and will meet the requirements for landscaping. Vehicle access will be from Shiloh Crossing Blvd. Staff believes the site is safely designed and has recommended conditions to improve the safety features of the site.

4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
Applicant:The proposed site is 2.17 acres in size and is located within the Shiloh Crossing Shopping Center. This location within the Shiloh Crossing Subdivision which was reviewed and approved by the City of Billings to ensure access, infrastructure capacity and other public health and safety topics. The proposed building square footage is 9,543 SF leaving adequate lot area to construct needed parking and ample, well-designed landscaping. Landscaping has been designed to meet both the requirements prescribed in City of Billings Zoning and POA standards. The proposed plant species illustrate native and water-wise planting with automatic drip irrigation that can be scheduled to align with Billings weather. No standard turf is proposed, instead, a dry land seed mix formulated by a seed supplier in the region will be used to facilitate appropriate cover. The street frontage landscaping includes several native species selected to endure rugged conditions - from hot, dry summer heat to snow loads in the winter, common for the Billings.

Staff: Diminishment of property value is not likely in this case especially if the applicant adheres to the conditions of approval and maintains the required buffer and screening to the adjacent properties. Repairs will be conducted within structures on site minimizing any noise, light or fumes that would cause substantial noise and disruption to the neighbors. 

5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
Applicant: The proposed facility and use will not impede the normal improvement of the surrounding properties. The project site is currently vacant and located within a planned commercial subdivision that is already developed with various complementary commercial uses. The proposed Les Schwab Tire Center will not impede the normal improvement of surrounding property since many properties within the Shiloh Shopping Center have already been developed. The building will be designed and constructed to comply with existing land use standards and building codes, both of which have been developed to ensure orderly and safe development. Further, the proposed project is located within a developed subdivision and will utilize existing city infrastructure like roadways, water and sewer connections. These connections will enhance the City of Billings systems through the addition of streetscape landscaping, a new access off Shiloh Crossing Blvd and aligns with the city vision for future development.

Staff:  The development of this parcel will not impede the continued development of this subdivision.

6. Conditions necessary to protect the public health, safety, and general welfare can be established.
Staff recommends the following conditions of approval based on the above findings and the applicant's stated intent. These conditions will be related to the listed categories above, but may include other issues specific to the use for an auto repair business.

PROPOSED CONDITIONS

1. The special review approval is limited to Lot 4E3, Block 1 of Shiloh Crossing Subdivision, generally located at the southern intersection of Shiloh Crossing Blvd and Shiloh Road.
2. The special review is for the construction and operation of a vehicle tire shop and automobile repair center greater than 5,000 square feet. Approval of a variance from the front lot line coverage of 50% is included in with this special review approval. No other use is intended or implied. 
3. The landscaping plan shall include buffering to obscure the east side of the building to enhance the aesthetics on the east side of the property. The landscape plans will be submitted for review with the building permit and will include evergreen landscaping to be installed and maintained according to the approved plan.
4. With the exception of the above conditions, the site shall be developed in substantial conformance with the site plan submitted.
5. The reduction of the minimum 50% front lot line (Shiloh Road) building coverage is specifically allowed through this special review approval.  
6. The proposed development shall comply with all other limitations of the Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.
7. The applicant will submit a building permit application within 12 months of the City Council approval and complete construction within 3 years of City Council approval.
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.

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
Applicant : The proposed facility will go through a full engineering and permitting review from City of Billings Public Works for site layout and utility conformance to City of Billings Regulations.

Staff: Staff concurs with the applicant's statements and positive findings on utilities, access roads, drainage and necessary facilities. There are no site specific conditions that would hamper the applicant's ability to fulfill the local and state regulations for access, utilities, drainage or other necessary facilities.

8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
Applicant: Access onto Shiloh Crossing Blvd. has been established and will be updated and improved with the development of this parcel.

Staff: The access drive onto Shiloh Crossing Blvd. has already been established and will not be re-located for this project.

9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the city council.
Applicant: There is a request to approve a variance from the front lot line building coverage of at least 50%, due to the shape of the parcel, it is requested the building be located as submitted on the site plan.

Staff: Planning staff agrees with the applicant and is forwarding a recommendation to approve a variance from the required front building lot coverage with this special review (Condition 5 above).  The initial submittal included a site plan that would require a significant number of variances from the development requirements of the zone district.  After discussion with the applicant about modifications to the site plan that would eliminate the majority of variances needed, the applicant submitted a revised site plan that would only require one variance approval for the 50% front lot line coverage. Planning staff is supporting the proposed variance from the 50% minimum front lot line coverage due to the odd shape of the parcel and the potential affects on neighboring businesses. Orienting the garage bays as submitted on the site plan will mitigate noise from the surrounding businesses to the north and east, as well as, allow the access to the garage bays.  Requiring the 50% front lot line coverage would restrict the access to the front garage bays and operations of the automotive and tire business would not function with this orientation of the building.  The applicant is proposing several site development conditions such as a vegetative buffer on the east property line to buffer the Scheels property.  Additional conditions of approval have been recommended to mitigate any other potential adverse effects to neighboring properties.The site appears to meet all other requirements for building height, setbacks, separations, lot coverage and yard treatments, with the exception of the variance request noted. Staff has recommended specific conditions related to landscaping to address issues not apparent on the site plan.