Planning staff recommends conditional approval and adoption of the findings of the review criteria for Special Review 999.

This is a Special Review request to allow a drive-through service adjacent to residential zoning districts for a proposed new laundromat and food service facility. The subject property is located at 4140 State Avenue, at the southwest corner of the intersection of State Avenue and Van Buren Street. The lot is currently vacant and measures approximately 21,958 square feet (0.50 acres). The applicant proposes to construct a new commercial development including a laundromat and a food service component, including a drive-through lane. The property is directly adjacent to residential zoning to the north and west.

The property was originally zoned Residential 9,600 (R96) until a City Zone Change (ZC 790) was approved in October 2006, changing the zoning to Neighborhood Commercial (NC). With the adoption of the City’s Recode Zoning Update in 2021, the site was transitioned into the current CMU1: Corridor Mixed-Use 1 zoning district.

The CMU1 district is intended to accommodate a variety of commercial and mixed-use developments along transportation corridors. The zoning promotes walkable, bikeable, and transit-friendly design, while also allowing for auto-oriented commercial uses such as gas stations. Ground floors along major corridors are encouraged to support commercial activity. Drive-through facilities require Special Review approval in the CMU1 district to evaluate site-specific impacts and ensure compatibility with surrounding land uses.

The property fronts State Avenue, a minor arterial roadway that serves as a primary east-west corridor in south Billings. The average daily traffic (ADT) volume on State Avenue just west of the site is approximately 10,530 vehicle trips per day, making the corridor a viable location for neighborhood-serving commercial development. The site will have direct access from State Avenue, with secondary access via Van Buren Street to the east.

The surrounding area includes a mix of residential and commercial uses. Directly to the north and west of the site are single-family residential properties, while to the west along State Avenue are established commercial uses, including a Family Dollar and an Ace Hardware. This commercial presence helps reinforce the corridor's role as a retail and service destination for the neighborhood and supports the appropriateness of the proposed development.

APPLICATION DATA
OWNERS: Nestor Nava Chavez
AGENT: Taylor Kasperick, Performance Engineering
PURPOSE: A special review request to allow a drive through service and a new laundromat facility adjacent to residential zone districts, in a Corridor Mixed Use 1 (CMU1) zone, on C.O.S. 3691, TR 1, a 21,958-sf parcel of land.  A pre-application neighborhood meeting was held on March 25, 2025, at 6:00 pm at the Billings Library. Tax ID: D01590.
LEGAL DESCRIPTION: S09, T01 S, R26 E, C.O.S. 3691, TR 1
ADDRESS: 4140 State Ave
EXISTING LAND USE: Vacant
PROPOSED LAND USE: Laundromat and Drive-Through Food Service
EXISTING ZONING: CMU1
SIZE OF PARCEL: 21,958 sq ft

SURROUNDING ZONING & LAND USE
NORTH: N1 - First Neighborhood Residential 
Land Use: Residential 
SOUTH: N1 - First Neighborhood Residential 
Land Use: Residential
EAST: N1 - First Neighborhood Residential 
Land Use: Residential
WEST: CMU1 - Corridor Mixed Use 1
Land Use: Ace Hardware

The 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:

The applicant conducted a pre-application neighborhood meeting on March 25, 2025. No surrounding property owners attended the meeting. Planning staff prepared and mailed the public hearing notice to surrounding property owners, published a legal ad and posted the property with the Zoning Request sign. Planning staff received no communication on the application from the surrounding owners or the public as of writing this report.
 

The City Zoning Commission may take one of the following actions:

• Recommend conditional approval and adoption of the proposed findings to the City Council, as submitted by Planning staff;
• Recommend denial 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 Zoning Commission may add conditions of approval or amend the recommended conditions of approval. If the Zoning Commission delays the application until the next regular meeting, the public hearing will be kept open to allow additional testimony and submittal of information by the applicant or interested parties. The applicant has not requested a withdrawal of the application. Any substantive change or modification of the application by the applicant, will require another public hearing and notice to surrounding owners.
 

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

PROPOSED FINDINGS OF THE REVIEW CRITERIA (27-1623.D and E)

Planning staff recommends conditional approval of the requested special review based on the proposed findings of the criteria.

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

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

The proposed special review supports the redevelopment of an underutilized parcel along a key commercial corridor that is already served by public infrastructure. By encouraging infill development within the city limits, this project maximizes the use of existing streets, utilities, and public services, thereby reducing the need for costly expansion of city infrastructure. The location along State Avenue ensures that the business will be accessible to a broad range of users traveling by vehicle, foot, or bicycle.

Strong Neighborhoods

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

This development introduces new, neighborhood-serving commercial uses—specifically a laundromat and food service—that provide convenience to nearby residents. The site is within walking distance of several homes, making it a practical option for those without regular access to a vehicle. Conditions of approval, such as privacy fencing, directional lighting, and limits on hours of operation, will help ensure that the project respects and protects the character of the adjacent residential neighborhood, maintaining safety and comfort for nearby residents.

Prosperity

• A diversity of available jobs can ensure a strong Billings economy.
• Successful businesses that provide local jobs benefit the community.

The proposed project will create new commercial space, supporting both short-term construction jobs and long-term employment opportunities within the laundromat and food service business. These types of neighborhood-scale businesses not only contribute to the local economy but also enhance community resiliency by offering essential, everyday services close to where people live. This contributes to the economic vitality of the South Billings area and aligns with the City's goals for job creation and small business support.

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.
The proposed laundromat and food service facility with a drive-through has been designed to minimize potential negative impacts on public health, safety, and the general welfare, particularly given its location adjacent to residential zoning. The site layout, traffic circulation, and operational features have been carefully considered to promote compatibility with surrounding uses and ensure safe and efficient site operations.

The project includes a dedicated drive-through lane with stacking capacity for five (5) to six (6) vehicles, which is sufficient to prevent queuing onto the public right-of-way. This design will help to reduce the potential for traffic congestion on State Avenue and improves overall safety for both motorists and pedestrians. The circulation design further distinguishes between customer and delivery vehicle movements, reducing internal traffic conflicts and promoting a safer, more organized flow on-site.

With these site features and appropriate conditions of approval in place, the proposed use can operate in a manner that is not detrimental to the health, safety, or comfort of the surrounding neighborhood.

3. The site is adequate in size for the proposed use and has topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
The subject property at 4140 State Avenue is approximately 21,958 square feet (0.50 acres) and is zoned Corridor Mixed Use 1 (CMU1). The CMU1 district is intended to accommodate a variety of commercial and mixed-use developments along key corridors and permits drive-through facilities with special review approval. The proposed development, which includes both a laundromat and food service facility with a drive-through and laundromat, is consistent with the scale and intent of uses allowed in the district.

The site is relatively flat and does not present any known topographical or environmental constraints that would limit development. The submitted site plan demonstrates compliance with all applicable dimensional standards of the CMU1 zone, including building setbacks, lot coverage, height allowances, and landscaping buffers.

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.
The proposed laundromat and food service facility with a drive-through is located within the CMU1 zoning district and is adjacent to both commercial and residential uses. The use is consistent with the intent of the CMU1 zone, which accommodates commercial uses along transportation corridors to promote development that is comfortably accessible via all modes of transportation, including motor vehicles, bicycles, and walking. There is no indication that new development on this property would negatively affect or reduce property values in the surrounding 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.
The proposed laundromat and food service facility with a drive-through is located within the Corridor Mixed Use 1 (CMU1) zoning district, which is designed to accommodate a wide range of commercial and mixed-use developments along key transportation corridors. The proposed use aligns with the district’s intent to encourage development that is both walkable and accessible, while also accommodating drive through facilities when their potential impacts are appropriately addressed through the special review process.

The property is adjacent to both residential and commercial uses. Residential zoned properties are located directly to the south and east, while commercial uses such as Family Dollar and Ace Hardware are located just to the west along State Avenue. This mix of uses reflects the transitional nature of the corridor and supports the introduction of compatible commercial services that also serve nearby residents.

6. Conditions necessary to protect the public health, safety, and general welfare can be established.
Staff recommends the following conditions of approval for this project based on the findings of the review criteria:

1. The special review approval is limited to Tract 1 of C.O.S 3691, generally located at 4140 State Avenue.
2. The special review is for the construction and operation of a drive through service window on the north side of the laundromat and food service building. 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 residential zoned property.
7. The proposed development shall comply with all other limitations of Section 27-1613 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.

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
Any new construction on the site will follow applicable building codes, engineering standards, and all zoning requirements will be followed.

8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
There are two existing accesses to the site that are provided from State Avenue and Van Buren Avenue. These accesses will be updated and improved with the development of this parcel.

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.
The proposed development meets all other zoning code requirements, and no variances are needed or required.