The Zoning Commission is recommending conditional approval of the special review and the requested variances from the CMU1 zone district requirements, and adoption of the findings of the review criteria on a 3-0 vote.

This is a special review request to locate a carwash facility at the intersection of Blue Creek Road, an arterial street, and Santiago Boulevard, a local street, in a Corridor Mixed Use 1 (CMU1) zone district. The owner had previously submitted a zone change request to develop the same carwash facility, allowing the use to be allowed outright, and no variances would be required. The proposed zone change, which was denied by the City Council on September 26, 2022, was to Heavy Commercial (CX) zoning. For the zone change request, the Zoning Commission had recommended approval on a vote of 3-1. The City Council subsequently denied the zone change based on the location at the entrance to the Cedar Park Subdivision. The Zoning Commission and City Council understood the project would likely return as a special review application.

A special review is not an allowed use but a special exception to the by-right uses within a zone district. Special review is not always required for a particular use depending on the zone district. For example, a religious assembly (church) use requires special review in all neighborhood zones but is an allowed use in the mixed-use zones. A special review can focus on the site development details while a zone change cannot. For this application, the city has received detailed information on the proposed use, the traffic patterns in the area, landscaping, drive approaches and similar details. The project as proposed cannot meet the building and siting requirements normally required in a CMU1 zone due to topographic limitations and traffic management restrictions on the site. These are presented as variances to the code requirements and can be considered as part of the overall special review application. A special review application can be considered even after a denial of another type of zoning request. Although the code at Section 27-1611.A lists the types of applications sequentially in one phrase, the intent of the prohibition on a subsequent application on the same property applies to the specific application type. For example, if I submitted a zone change that was denied, I could submit a variance request or a special review request for the same property within one year of the zone change denial, but I could not submit a new zone change. The prohibition applies to the specific application type - not broadly for any type of application for the same property.

The car wash facility will consist of two automatic wash bays and four manual wash bays. There is an office and storage space that connects the two different types of wash bays in an L-shaped layout. The site layout does not conform to the required build-to range on the front or side street for CMU1 due to a sewer easement along Santiago Blvd, and a 100-year flood plain that crosses the western half of the property. In addition, traffic flow management into and out of the property also restricts the placement of the building on either street frontage. Auto-oriented land uses such as drive-through restaurants, carwash facilities, banks with drive through lanes and similar are challenged in any mixed use zone district to meet the code requirements. Other site elements required for carwash facilities in this CMU1 zone include not placing any open air vacuuming facility between the building and the front street or side street (Sec. 27-1005.Q(3.b), and not placing any bay doors on the front facade (Sec. 27-1005.Q(1). The site cannot meet the minimum front lot line coverage (65%), the build-to corner requirement, the location of surface parking to the rear or side of the building, the number of required entries on a front facade and minimum percent of window and doors on the ground-floor front facade. Any allowed use on this site with its easement, floodplain and topographic challenges would likely need variances from some of these building and siting standards as well. The special review criteria allow applicants to request modifications and variations from the code requirements as part of the request (Criteria 9 - Sec. 27-1623.D)

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:

 

Planning staff reviewed the pre-application meeting information and sent the notice to interested parties and the surrounding property owners. The pre-application meeting materials are attached to this report. There are several parties that became involved during the zone change application process and many of these citizens live in the area of Cedar Park Subdivision. One public comment was received just prior to the Zoning Commission hearing regarding traffic safety on Blue Creek Road.

The Zoning Commission held its public hearing on January 3, 2023, and received the staff recommendation of conditional approval, testimony from the applicant and agent, and testimony from Don Vanica (2225 N Echo Drive), Michele Johnson (2705 Blue Creek Rd), Cecil Werven (4511 Shasta Ln), Wendy Stiff (4507 Bowman Dr), Charles Stiff (4507 Bowman Dr), Sherry Danielson (2214 Sumac Ln), Heather Haynes (4439 Bowman Dr), Jim Danielson (2214 Sumac Ln), Gregg Morgan (4532 Shasta Ln), and Terry Henneberry (4423 Bowman Dr). The Zoning Commission received seven written comments. These comments are attached. All testimony except for Mr. Morgan and the applicant's agent were opposed to the special review.

Scott Aspenlieder, agent for the owner, stated the owner has no objection to any of the proposed conditions. He stated the project has taken a long road to get to this point in the process. He stated it was his understanding the zone change (Zone Change 1017) to CX - Heavy Commercial was denied due to the other types of uses that could occur in that district - not that a car wash facility was not appropriate at this location. He stated any use of the property - car wash or otherwise - would require an applicant to seek variances from the CMU1 district requirements to build to the property line. Mr. Aspenlieder stated the owner lives in Briarwood and also owns Blue Creek Storage directly adjacent to the subject property. He stated he reached out at every opportunity to discuss concerns with the neighborhood, but only one person contacted him about how to work with MDT on a safety study. He stated he sits on the Highway Commission as a representative of this MDT district, and he can offer informed assistance to residents. He stated the County recently sent a letter to MDT requesting a safety study for this section of Blue Creek Road. He stated these studies can take time and would need to be reviewed and recommendations approved by the Highway Commission prior to any improvements by MDT. Mr. Aspenlieder stated only 4 students (SD 2 - Middle School and High School) from Cedar Park subdivision walk down Santiago to catch the bus at Casey's corner. He stated they asked the city (Engineering) if they could build the new sidewalk on the north side of Santiago where it would be the most beneficial to these students, but this was not allowed. The new sidewalk will be built on the south side of Santiago next to the subject property. He stated there has been a queuing analysis that was reviewed by City Engineering. The final conclusions of the queuing analysis were approved by the City Engineer. The analysis shows there will not be queuing out into Santiago Blvd and internal circulation will work. He state the noise review from both the automatic wash bay blowers and the vacuums on the west side shows the noise at the property lines will be well below even the nighttime maximum in the city code. Mr. Aspenlieder stated the owner has agreed to the restricted hours of operation to find middle ground with the neighborhood. Blue Creek Rd is a commercial corridor at this location south of the Yellowstone River. The zoning is in place and development will happen because the public infrastructure is in place.

In response to a question from Commissioner Goss, Mr. Aspenlieder stated the peak hours for the car wash generally coincide with the peak traffic hours on Blue Creek Rd - 7 am to 8:30 am and 4 to 5:30 pm. Mr. Aspenlieder stated there is no intention by the owner to develop anything in the flood plain and the condition requiring a Landscape Architect to design the site will help preserve the flood plain intact. In response to a question from Commissioner White, Mr. Aspenlieder stated the peak hours for the self-service wash bays are not the same as the automatic wash bays. He stated if there is an open self-service bay, people will pull in but if all the bays are full, those potential customers keep going and will not queue and wait.

Mr. Vanica stated he was concerned with the internal traffic circulation and that it may allow cars to queue out onto Santiago Blvd. Mr. Vanica also stated the special review criteria (Criteria 3) specifically requires a proposed use to adhere to the zone district requirements. He also was confused why the applicant is requesting these variations from the code requirements through the special review because the Board of Adjustment normally reviews requests for variances. He stated the Commission should recommend denial based on these irregularities in the process as well as the internal site circulation issues. 

Michele Johnson stated the residents in the area should have the biggest input on what goes on this property since they will be the most effected. She stated the service is not needed at this location since it is less than a three minute drive to the Holiday station car wash on South Billings Blvd. She stated the traffic to and from the car wash will just add more confusion to the chaos of traffic on Blue Creek Road. Ms. Johnson stated the comparison of traffic on S 32nd St W to Blue Creek Rd by staff does not make sense. She stated the Cedar Park Subdivision may have a second access road soon. She stated leaving out first responders from the discussion is not wise. She stated the Blue Creek Fire Dept objected to the zone change and  their concerns have not been addressed by this application.

Cecil Werven stated he is opposed to the application because it has access on the local street and not the commercial street - Blue Creek Road. He stated the Zoning Commission should not be hearing the application because the zone change was denied and Section 27-1611 of the zoning prohibits a subsequent application on the same property for one year. Mr. Werven stated he does not believe MDT actually denied the drive approach on to Blue Creek Road. 

Wendy Stiff stated the City Council made its decision at the zone change hearing on a 7-3 vote denying the project. She stated it was not denied based on other uses that might be allowed in the CX but by the zone change criteria findings and the proposed use. She stated the County's request for a safety study will bring new information to the Zoning Commission and would be vital information to have prior to any decision on this project. She stated the project does not meet the city's growth policy for infill. The cost burden to the existing residents is too high especially the Cedar Park subdivision residents. She stated Zoning Commissioners would be opposed if this were located on a corner near their own neighborhoods. She state Mr. Pimley, the owner, did reach out to their newly formed Blue Creek Corridor Commission to join and continue a dialogue. Mr. Pimley has since stopped communication with our group.

Charles Stiff spoke in opposition to the request. He stated the location of this car wash makes as much sense as the new Chick-fil-A at Rosebud and 24th St West. He stated all the residents in the room were opposed to the special review. He stated the Zoning Commission should not be hearing this application since the denial of the zone change happened less than one year ago. He stated developers and consultants receive special treatment from staff and Commission. He stated people are tired of the rubber-stamping that goes on at the expense of the existing neighborhoods. He stated both the Ward 3 Council members voted against the zone change. He stated he was concerned the car wash could have bottlenecks if people drive in with trailers or RVs.

Sherry Danielson stated she has lived in the Blue Creek area for 43 years and is opposed to the use of this corner for a car wash. She stated she has watched the traffic increase in volume and speed over the years. She stated there are not just trash trucks going to landfill anymore. Landfill traffic includes large 18-wheeler side dump rigs as well as pick up trucks. She stated the road has about three wrecks a year at Jellison and Blue Creek Road and these are not minor fender benders. She stated these crashes take out guardrails and have serious injuries. She stated 250 vehicles using this car wash every day will just add to the terrible traffic situation on Blue Creek Road. She also stated this owner is not managing or maintaining the storage unit property very well. She stated all the trees died that were planted in the front yard and was only mowed twice last summer. She does not believe the owner will take care of this property any better than the storage units. She stated when the owner needs to ask for seven variances, then the Zoning Commission should just deny the request.

Heather Haynes stated she was opposed to the application. She stated she has lived here for 12 years and is a single mother of four kids. She stated the out-of-date MDT traffic study does not include any of the new traffic from all the County subdivisions done since 2006. She stated the Assistant Fire Chief for the Blue Creek Fire Department asked MDT for a yellow flashing light on Blue Creek Rd when the fire station moved out of Cedar Park and onto Blue Creek Rd. MDT denied the requested flashing light. She stated the expectation that MDT would make safety improvements is not reasonable. She stated building a new sidewalk on the south side of Santiago is useless. She would not let her kids use it when they would have to coss Santiago to get to Casey's Corner for the school bus. She stated that queuing of cars for the car wash could potentially block Santiago Blvd creating a safety hazard for her neighborhood. She stated the landfill traffic is already a problem and this car wash would just add to that issue. She stated none of the residents in the area need a car wash.

Jim Danielson stated he is very concerned about more water getting on Santiago Blvd in the winter. He stated it is already a problem just from the water filling stations on the north side of Santiago.

Gregg Morgan stated he probably lives closest to the new car wash property. He stated the applicant has worked to address his concerns. He is not opposed per se and will probably use the car wash when it is built. He stated he is concerned about what use could be allowed by right if this project is denied. He was concerned the alternatives might be worse for the area than the proposed car wash.

Terry Henneberry stated he has lived in the area for over 40 years. He state the owner should have considered connecting this property with the storage unit property before now. He stated the wait time to get our of Cedar Park onto Blue Creek Rd is longer morning and evening. He stated he was not concerned with the vacuum noise because it is the blower noise that is more powerful. He stated he works up at the airport and the building he has to go into requires a secure entry with an intercom. He stated when the rental car automatic car wash went in about 300 feet away, when the blowers are on, he cannot hear anything on the intercom at the secure door. He stated the use of Santiago Blvd - a local street - for the driveway to the car wash is not right. The street is not a commercial street. He stated he thinks the owner is trying to squeeze too much on the property without regard to its effect on other people.

Mr. Aspenlieder provided rebuttal and clarification on the application. He stated there is no way his consulting firm or his clients get special treatment. He stated in the last 10 years representing clients in the city, he has received negative recommendations from staff, from the City Zoning Commission and the City Council. He state the staff and the public boards all do a great job evaluating projects to make sure they don't impact residents and further the goals of the community. He stated there are some neighbors who are satisfied with work they have done over the last few months to change the overall site plan and iron out issues. Those residents are not here tonight. He stated the issue over the number of students using Casey's Corner for a bus stop is a misrepresentation of my statement. The four students I noted are come down Santiago Blvd. School District 2 picks up 22 students total from Casey's Corner and only four come from the Cedar Park neighborhood.

The Zoning Commission closed the public hearing. Commission member David Goss made a motion to forward a recommendation of conditional approval, including the requested variations and adoption of the findings of the review criteria. The motion was seconded by Commission member Trina White and the motion was approved on a 3 to 0 vote.

The City Council may take one of the following actions:

• Conditionally approve the request and adopt the findings as recommended by the Zoning Commission;
• Deny the special review request and adopt different findings of the review criteria;
• Delay action of the application until the next regular meeting; or
• Allow the applicant to withdraw the application.

The City Council may add conditions of approval or amend the recommended conditions of approval. The applicant has not requested a withdrawal of the application.

The Planning Division budget should not be effected by either approval or denial of the requested special review.

PROPOSED FINDINGS OF THE REVIEW CRITERIA (27-1623.D)
1. The special review use is consistent with the City's growth policy and applicable neighborhood plans, if any.
Applicant:
Essential Investments - The proposed project is classified as an "infill development" making it very cost-effective to provide essential City services to the property. In addition, proposed with this project is street widening on Santiago Boulevard to alleviate voiced concerns of adjacent neighbors with ability to enter Blue Creek Road, in addition to provision of sidewalk and curb and gutter on the south side of Santiago to allow for safe pedestrian traffic along the subject lot's frontage. The proposed sidewalk and road improvements will end at the subdivision extents along Santiago, however they could be extended further should the area residents wish to petition a Special Improvement District to improve the roads and safety throughout the entire area.
Strong Neighborhoods - The proposed project will provide a service to the Blue Creek area of the City of Billings that is not already provided and often needed, currently requiring residents to travel back across the Yellowstone River in order to utilize such facilities. By implementing the proposed use in accordance with the Infill Policy, this development will also improve a currently under-utilized property that has remained vacant, and will begin contributing greater tax revenue to the City that can be utilized for other services within the neighborhood.
Mobility and Access - The proposed project offers to improve the Santiago Boulevard leg of its intersection with Blue Creek Road to improve accessibility onto Blue Creek Road. Concerns voiced by residents regarding speeds on Blue Creek Road are sympathized with, however it is not believed development of the proposed lot affects these concerns as 1) mitigation of these concerns would need to be addressed by a combination of MDT, the City of Billings, and Yellowstone County, and 2) traffic generated by the proposed use is well below being statistically significant (i.e <500 trips per day). Zoning - The proposed project complies with the regulations outlined in the new zoning code in the following ways: the description of the CMU1 zone district includes "Commercial uses in the CMU1 district may be somewhat larger in scale and more flexible than the neighborhood mixed-use district, including more auto-oriented uses such as gas stations." The owner and agent believe that a car wash falls directly in line with the statement "more auto oriented uses".
Zoning Commission: There are nine Growth Guidelines in the 2016 City of Billings Growth Policy including Essential Investments, Placemaking, Community Fabric, Strong Neighborhoods, Mobility & Access and Prosperity. These six guidelines are most relevant to the proposed special review use for a carwash.

The Zoning Commission agrees with the applicants' findings for Essential Investments. The city spent several million dollars to provide water and sewer services south of the Yellowstone River along Blue Creek Road. There are very few users that are taking advantage of these valuable city services. Encouraging additional users to join the system helps preserve this investment, and increases the sustainability of system over time.
Placemaking:
"Public and private partnerships are valuable for creating enhanced entryways into Billings."
The proposed site plan and location can be an enhancement for this corner of the intersection. The Zoning Commission is proposing conditions to enhance this entryway into Billings.
Community Fabric:
"Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity."
"Attractive streetscapes provide a pleasant and calming travel experience in urban and suburban neighborhoods."
"Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors."
The Zoning Commission is proposing conditions and enhancement for the street frontage landscaping.
Strong Neighborhoods:
"Implementation of the Infill Policy is important to encourage development of underutilized properties."
This is theme throughout the 2016 Growth Policy guidelines to encourage infill on lots where city infrastructure already exists and is not used. Building miles of water and sewer lines for very few users is not a sustainable investment. The water line was extended in 2003 and sewer lines in 2009. There are only a few hundred rate payers on this end of the system that extends more than 3 miles past the city's coterminous city limits.
Mobility and Access:
"Development of safer routes to school or to school bus stops is important because it promotes physical health and reduces vehicle trips, earning parents more time and less costs for transportation."
Casey's Corner, the gas station and convenience store to the north of the subject property, is the primary school bus stop for children in the Cedar Park Subdivision. None of the streets in Cedar Park have sidewalks or other standard street improvements. The proposed project will provide city-level improvements on the south side of Santiago Blvd, but more importantly the project will widen the intersection to allow right turn and left turn lanes, so traffic does not back up on Santiago Blvd. While this will not provide an off-street pedestrian sidewalk, it will reduce the existing potential conflict between walkers on the north side of Santiago and cars queued to turn onto Blue Creek Road. Other intersection improvements can include pavement markings and traffic control signs warning drivers of pedestrian traffic.
Prosperity:
"Successful businesses that provide local jobs benefit the community."
The proposed business has proven successful in providing local jobs and approving the special review would support expansion of the economic base of Billings. There are larger carwash facilities in Billings with more automated wash bays and self-service bays than this location. The applicant has proposed a size of business that fits the site as well as the market for the proposed use in this area. The South Hills and other points south of Billings provide abundant access to off-road recreational activity including hunting, fishing, hiking, biking and other outdoor activities. Off-road driving builds up mud, dirt and dust that many owners want to wash off as soon as possible. Providing this service south of the river will make this service more convenient for recreation users as well as residents in the area.

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 car wash is a beneficial use for the site given the site's property and topographical constraints. A car wash has limited parking requirements when compared to other uses. In addition, landscaping is proposed to be incorporated on the property in accordance with Zoning Code requirements for the underlying zoning and adjacent districts.
Zoning Commission: Public health and safety will not be endangered or detrimentally effected by the proposed use based on the proposed site and off-site improvements. The current traffic management of the intersection with Santiago Blvd and Blue Creek Road will be improved by widening the approach so right turn and left turn lanes can be added. The informal turn-around on the subject property will be closed off, removing a traffic conflict in proximity to the intersection. Curb, gutter and public sidewalk will be added to the south side of Santiago Blvd. Lighting on the property will provide better visibility of the intersection and on the north side of the storage facility. There are no streetlights on Blue Creek Road or Santiago Blvd. According to publicly reported calls for public safety services, there have been only 6 calls for services in the past 6 months. Three of those calls were at the convenience store. Convenience stores and gas stations provide opportunities for crime due to the nature of the business. Carwash facilities generally are not locations for crime opportunities. The proposed use should not be detrimental to the general welfare. Improvements to vacant property tend to have the opposite effect by providing certainty to the area, increasing the tax base and supporting city services where they already exist.

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 subject property has historically been a difficult property to develop provided existing property and topographical constraints including an existing 26' sanitary sewer easement for the City of Billing's main collection line, 100-year floodplain boundary encroaching on the west side of the property, and steep slopes along the east and northeast portion of the site. Given this, corner and frontage build-to requirements for the subject property are in essence infeasible to meet, and limit the ability of ANY development to meet standard landscaping and parking requirements.
Zoning Commission: The Commission agrees with the applicant and has recommended the proposed variations from the zone district building, siting and use standards be granted and recommended enhancements to the street frontage landscaping to offset these variations. The size of the facility takes into account the size and limitations of the property.

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 use is compatible with nearby uses which include a water fill station to the north, storage units to the south, and the City's pump station to the northeast. A buffer of roadway is provided between the subject property and the nearest residential uses. In addition, the proposed car wash has been laid out to place potential noise impacts furthest from and directed away from the nearest residential properties.
Zoning Commission: Property values and the use and enjoyment of property in the area will not be diminished or impaired by the proposed car wash. Property valuation is primarily based on individual property improvements but also on the stability and certainty of uses on adjacent property. Until 2017, the property along Blue Creek Road south of Santiago Blvd was a vacant field with some informal storage by the owner. The larger lot was zoned Community Commercial and this smaller lot was zoned Neighborhood Commercial. In 2021, the larger parcel updated to Heavy Commercial (CX) to match the storage facility use and to CMU1 for this parcel to reflect the location at the entrance to a residential neighborhood. The parcels on the north side of Santiago Blvd are also zoned CMU1. Development of land for any use tends to increase property values within the immediate area. The development is not within the Cedar Park Subdivision and is on a major arterial street - a secondary highway as designated by the state.

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: As development of the subject property is an in-fill development, the surrounding properties have all been developed excepting the lot on the NE corner of Santiago and Blue Creek Road. With that being the case, development of this lot would not impede the normal development of surrounding properties, and would benefit the development of the property on the NE corner of Santiago and Blue Creek road by widening the Santiago Boulevard frontage adjacent to that property.
Zoning Commission: The Zoning Commission agrees with the assessment of the applicant. The lot on the northeast corner of the intersection has a concept development plan that is compatible with the proposed carwash. This lot also received site and building variances from the CMU1 district requirements due to the flood plain across the street frontage. Other lots with Blue Creek frontage (east side) in the area are all developed.

6. Conditions necessary to protect the public health, safety, and general welfare can be established.
The Zoning Commission 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 a car wash.
1. This special review approval is for the development and operation of a carwash with two automatic wash bays and four self-service wash bays, five outdoor vacuuming stalls on the west side of the lot as well as parking on Lot 1, Blue Creek Storage Subdivision a 39,934 square foot parcel of land.
2. The carwash will be developed in substantial conformance to the submitted site plan along with any conditions of this approval. Operational hours will run from 5 am to 10 pm daily.
3. The building design and elevations will be as substantially shown on the drawing dated 9-22-2022 as prepared by AT Architecture - plan sheet A4.0. 
4. The applicant will install a site obscuring wall in the general location shown on plan sheet C1.1 - southeast property line and a portion of the north property line along Santiago Blvd. This will be a masonry wall or a facsimile of masonry such as "Rhino Rock" and will use earth tones for the materials. Wood, vinyl and chain link are not allowed materials for this installation. The intent of the installation is a visual and sound barrier. The proposed sight obscuring fence on the south side of the property may be wood or matte-finish vinyl material.
5. The applicant will install and maintain the required number of street trees along the inside of the new sidewalk (and masonry wall) on Santiago Boulevard. The trees will be a mixture of deciduous trees that will not impede or damage the existing or future underground infrastructure. Trees will be chosen from the Billings Tree List (pages 6 and 7 attached). The outdoor vacuuming stalls on the west property line will be shielded from traffic on Blue Creek Road with a combination of ornamental grasses, shrubs including evergreen shrubs. 
6. The landscape plan for the entire parcel and the street trees will be designed and stamped by a Montana licensed landscape architect.
7. The applicant will show on the site plan submitted for Building Permit the area planned for snow storage and the location and specification for the trash enclosure.
8. All landscaping shall be installed and maintained free of debris and trash on a regular basis. Dead plant material will be replaced with like materials as expeditiously as possible. All irrigation systems will be maintained in proper working order.
9. Pavement markings shall be provided to show direction of vehicle travel within the site, and pedestrian crossings and stop lines and signs at the access points on to Santiago Blvd. shall be installed.
10. There shall be no internally illuminated fascia on the building and all exterior lighting mounted on the building shall have full cut-off shields so no part of the lens or fixture is visible below the shield.
11. All parking lot light standards shall have full cut-off shielding so no part off the lens or fixture is visible below the shield. The maximum height of the light poles - including the base and fixture - is 15 feet above grade.
12. There will be no exterior building wall signs on the east building facade. Window signs are allowed on the entry doors.
13. Any signs on the site including attached building signs, freestanding signs and temporary signs will comply with the City Sign Code that applies to Corridor Mixed Use 1 (CMU1) zone districts at Section 27-1407.C. Lighted signs will not be lit during non-operational hours (between 10 pm and 5 am).
14. The applicant will submit a Building Permit within 1 year of City Council conditional approval and will complete the site development within 2 years of the issuance of a Building Permit. Failure to submit or complete the approved project within this time frame will void the conditional approval.
15. The requested variances from the CMU1 Building and Site Standards and from the Use Standards for a carwash are specifically approved with this special review and include the following: build-to ranges on both street frontages; build-to corner requirement; minimum front lot line building coverage; front door and window percentage on front facade; location of surface parking; location and orientation of wash bay doors; location of outdoor vacuuming stations; and maximum spacing of street trees on the eastern end of the north property line. 
16. Modification of the approved special review use is allowed with the following limitations: 10% or less expansion of the gross floor area, 10% or less increase in the number of potential building occupants, and 10% or less new parking stalls. Expansions also require conformance with all other requirements of the Zoning Regulations and other City of Billings code requirements.
17. The cessation of the special review use for more than 6 consecutive months, shall extinguish this conditional approval and the use may not be re-established except through a new special review approval of the City Council
18. The City Council reserves the right to re-open the conditional approval of this use at this location based on the failure to respond within 45 days of a notice of noncompliance with the specific conditions of approval. The City Council will notify the owner of its intent to re-open the Special Review at least 60 calendar days ahead of any public hearing on the matter.
19. These conditions run with the land use and are binding upon and must be adhered to by the property owner and any successors, transferees or assigns.
20. The right of building and occupancy permits are contingent upon the fulfillment of all conditions imposed by this approval.

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. A queuing analysis has been completed for the project and has been accepted by City Engineering.
Zoning Commission: The Zoning Commission 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: A queuing analysis has been completed and accepted by City Engineering.
Zoning Commission: The proposed improvements to Santiago Blvd along with the closure of the informal access and turnaround on the subject property will minimize congestion on public streets.

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: Topographical and property boundary easements will necessitate this lot be granted variances from certain requirements included in CMU-1. Those variances include:

• Required to build to the corner of the lot
• Occupy 65% of the front lot line
• Build to within 5-20 of the street-side lot line and front lot line
• Place parking on the rear, internal, or side of lot
• Window and door coverage on front facade
• Number of front facade entries
• Tree planting and landscape near eastern lot line with steep slopes - proposed to utilize sight-obscuring fence in this area until grades shallow out to accommodate frontage plantings.

Zoning Commission: The Zoning Commission has agreed to these variances from the CMU1 standards for building and siting as well the use standards for carwash facilities. See proposed condition 15 above.