The Zoning Commission is recommending 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 a residential zoning district (south property line) for a proposed new drive-through food service restaurant. The restaurant will be the second tenant in a building under construction. The other tenant space is for a laundromat. 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 property is directly adjacent to residential zoning to the south. There is also residential zoning across Van Buren Street and north of State Avenue. To the west is commercial zoning.

The property was originally zoned Residential 9,600 (R96) until a City Zone Change (ZC 790) was approved in October 2006. The zone changed to Neighborhood Commercial (NC). With the adoption of the City’s 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, bike-able, and transit-friendly design, while also allowing for auto-oriented commercial uses such as gas stations. The ground floors along major corridors are encouraged to support commercial activity. Drive-through facilities require Special Review approval in the CMU1 district when adjacent to or across an alley from a neighborhood residential zone 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 intersection of Van Buren and State Avenue is a stop controlled intersection and all turning movements are allowed.

The surrounding area includes a mix of residential and commercial uses. Directly to the north across State Avenue, east and south is neighborhood residential zoning and is developed for single-family homes, while to the west along State Avenue are established commercial uses, including a Family Dollar (4188 State Ave) and the Ace Hardware (4170 State Ave). 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 adjacent to a residential zone district, in a Corridor Mixed Use 1 (CMU1) zone.  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: Two tenant building for a laundromat and a drive-through food service restaurant
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 the writing this report.

City Zoning Commission Public Hearing May 6, 2025
The Zoning Commission held its public hearing on May 6, 2025, and received the staff recommendation and testimony from the applicant's agent, Taylor Kasperick of Performance Engineering. No other testimony fromt he applicant or agent was received. Commissioner Goss asked about the traffic flow through the drive-through, and the agent clarified that vehicles would circulate counterclockwise. Mr. Kasperick also explained that the building was being constructed to include a laundromat, which is an allowed use by right, and the remaining portion of the structure was being left open for future use at the time the building permit was issued. He also noted that drive-through elements were intentionally placed on the side of the building away from residential homes to the south. Commissioner Goss inquired about the lack of a buffer to the east. Staff explained that the right-of-way along Van Buren Avenue acts as a buffer, and a special review is only required when the proposed drive-through is adjacent to or across an alley from residential zones—not across a full street. Commissioner Goss also asked whether a traffic impact study had been completed, and staff responded that this would be addressed by the City Engineering Division during the building permit review. Further, Commissioner Goss asked for the location of the drive-through pickup window, which the agent confirmed is on the north side of the building, facing State Avenue. When asked about the dumpster location, the agent stated it would be in the southeast corner of the site and referred to the site plan. This location was approved by city staff during the original building permit. There were no additional questions.

The application was then opened for public comment. There were no comments on the application. The public comment period was then closed. Commissioner Megorden moved to recommend conditional approval and adoption of the findings for the review criteria. The motion was seconded by Commissioner Mulvaney and approved unanimously on a 4-0 vote. Commissioner McCall was absent.

The City Council may take one of the following actions:

• Conditionally approve and adopt the proposed findings for Special Review 999 as submitted by the Zoning Commission;
• Deny and adopt different findings of the review criteria for Special Review 999;
• Delay action of the application up to 30 days at the request of the applicant or on its own motion; or 
• Refer the application back to the Zoning Commission for an additional public hearing based on 1) new information submitted that the applicant and public have not had an opportunity to examine; or 2) new information has been presented that was never submitted or considered by the Zoning Commission or staff; or
• Allow the applicant to withdraw the application.

The applicant has not requested a delay or withdrawal of the application. 
 

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

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

Prior to making a decision the City Council shall consider the following proposed findings as recommended by the City Zoning Commission:

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 a drive-through food service restaurant, 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 drive-through food service facility 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, and is also compatible with adjacent residential uses. 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, while commercial uses such as Family Dollar and Ace Hardware are located just to the west along State Avenue. Other residential uses and zones are separated by streets (Van Buren and 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.