This is a request for a special review to allow a drive-through service in a Community Commercial (CC) zone across the alley from a residential zone and to allow the use of property zoned Residential 6,000 (R-60) for public parking on property generally located on the northwest corner of the intersection of Grand Avenue and 14th Street West. The property with frontage on Grand Avenue is zoned Community Commercial (CC) and the property on Avenue B is zoned Residential 6,000 (R-60). The total area for the development is 49,000 square feet and is legally described as Lots 1 through 12 and 47 and 48, Block 2, Evergreen Subdivision.  The Zoning Commission conducted a public hearing on July 5, 2011, and is forwarding a recommendation of conditional approval on a 4 to 0 vote.

The Planning Division reviewed this application and recommended conditional approval to the Zoning Commission. Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria: 1) the application complies with all parts of the Unified Zoning Regulations, 2) the application is consistent with the objectives and purposes of the Unified Zoning Regulations and the 2008 Growth Policy, and 3) is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts. This application conforms to the first criteria, in so far, that it meets required setbacks and does not exceed maximum lot coverage. The application is conforming to the purpose of the regulations and the 2008 Growth Policy. The development will fill in an existing vacant structure in an established neighborhood in Billings. Drive-through services adjacent to residential uses and parking lots in residential zoning are both allowed with special review approval. The City Council has approved several special reviews for drive through services along Grand Avenue. The City Council also has approved parking in residential zoning districts for Grand Avenue businesses.

The application also conforms to the second and third criteria. The submitted drawing with this application appears to meet all zoning requirements for setbacks, lot coverage and building height. The development is consistent with goals of the 2008 Growth Policy, specifically the goal of encouraging in-fill and developments that are consistent with neighborhoods and adjacent land uses. The proximity to the residential neighborhood requires special attention to site development details such as signage, lighting, screening and landscaping.  

The Zoning Commission concurred with the Planning staff recommendation and is forwarding conditions for this special review based on the approval criteria for special review uses. The Zoning Commission is recommending conditions below to address signage, lighting, landscaping, screening and traffic flow.

PROPOSED CONDITIONS
1. The special review approval shall be limited to Lots 1-12, 47 and 48, Block 2, Evergreen Subdivision, generally located at 1403 – 1423 Grand Avenue and 1404 Avenue B.
2. Any expansion of the proposed building, building occupancy or parking lot greater than 10 percent of what is shown on the submitted site plan will require an additional special review approval.
3. The development of the property shall be in substantial conformance with the submitted site plan.
4. All site lighting on the buildings and in parking areas shall have full cut-off shields so lighting is projected to the ground or onto the building façade and not on to adjacent properties.
5. All outdoor mechanical equipment shall be screened including but not limited to air- conditioning units.
6. The directional signs shown at the drive approaches shall be non-illuminated. The directional signs shall be 30 inches in height or less. The new freestanding sign on Grand Avenue will require a sign permit.
7. The new 3-foot fence shown on the west property line of Lot 12, Block 2 will be matte or flat finish materials.
8. The applicant will install and continuously maintain a 6 foot sight-obscuring fence along the north side of the alley along Lots 37 through 46 of Block 2, Evergreen Subdivision. The applicant will work with the adjacent residential property owners to accommodate gates and desired materials. Matte or flat finished materials are required.
9. The applicant will install and continuously maintain a 6-foot sight-obscuring fence along the west property line of 1404 Avenue B (staff parking lot). Matte or flat finished materials are required. The fence will drop from 6 feet to 30 inches 15 feet behind the sidewalk on Avenue B.
10. All deciduous trees shown on the site plan shall be large enough at the time of planting to have all lower branches trimmed up to 8 feet above finished grade.
11. The applicant or agent(s) shall secure a demolition permit from the Building Division prior to starting demolition of the existing structures. 
12. Construction or demolition activities shall not start prior to 8 am or continue after 8 pm.
13. The applicant will post “Right Turn Only” signs and pavement markings at the drive approaches/exits on to Grand Avenue.
14. The applicant will install a “Do Not Enter” sign at the alley approach from the staff parking lot on Avenue B. Any lighting installed in the staff parking lot on Avenue B shall be bollard style lighting of a maximum 44 inches in height.
15. All landscaping shall be a minimum of 75% living materials and continuously maintained. Dead plant materials shall be replaced in kind within the same growing season.
16. The applicant will pave and provide drainage for the entire width of the alley from 14th Street West to the west property lines of Lot 12 and Lot 37, Block 2 Evergreen Subdivision. 
17. 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. 
18. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.

**NOTE** Approval of this Special Review does not constitute approval of a building permit, sign permit or fence permit. Compliance with all applicable local codes will be reviewed at the building permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The Planning Division points out that the use and development of the property must be in accordance with the submitted site plan.

Approval of the special review will allow the applicant to move the project forward to the building permit application and construction process. The new development will increase property tax revenue of the lots.

This is a request for a special review to allow the construction of a new Stockman Bank and drive-through in a CC zone adjacent to a residential zone and the construction of a staff parking lot in a R-60 zone on the northwest corner of the intersection of Grand Avenue and 14th Street West. The project would include the demolition of the former Movie Gallery building, 2 single family dwellings and a small office building. One of the single family dwellings is located on Grand Avenue and not suitable for residential use due to traffic volume, speed and age of the structure. The small office building is also reaching its expected building life – it was originally constructed in 1950. The second single-family dwelling is located at 1404 Avenue B and will be removed to make room for the proposed staff parking lot. The site plan indicates changes in drive approaches on Grand Avenue, landscaping, screening and new pavement in the alley. The proposed bank will be similar to other Stockman Bank buildings in Billings and will have 6 drive-through lanes.

The property to the west is the Tire Rama and is zoned CC. Property to the east is zoned CC and is a multi-tenant plaza. Property south of Grand Avenue is also zoned CC and includes a Walgreen’s, O'Reailly Auto Parts and Harbor Freight Tools. Property north of the alley is zoned R-60 and some residences use the alley to access rear yards or garages. Most have fences along the alley although some are not sight-obscuring solid fences or 6 feet in height.

Grand Avenue is a principal arterial street that carries approximately 22,360 vehicle trips per day. 14th Street West is a local street and traffic counts just north of Broadwater in 2008 measured approximately 4,900 vehicle trips per day. 14th Street West and Grand Avenue is a fully signalized intersection with center turn lanes on Grand for north bound and south bound traffic movements. A traffic impact study presented by the applicant’s agent recommends two actions to handle any predicted traffic increases including signing the drive approach exits onto Grand Avenue as right-turn-only and adjusting the signal timing to allow for an acceptable level of service on Grand Avenue and 14th Street West during peak-hour traffic.

The Zoning Commission conducted a public hearing on July 5, 2011, and received testimony from the applicant and the agent. Three surrounding property owners attended the public hearing to ask questions regarding the application but were not in opposition to the special review. Ida Gurney of 1428 Avenue B asked if the building would be a 2-story structure and whether offices would be on the second floor. Mike Tuss of CTA, architect for Stockman Bank, affirmed the 2-story architecture and that offices with windows would be on the 2nd floor. Mrs. Gurney was concerned about bank employees staring in to the residential back yards. Rich Miller of 1410 Avenue B asked about the relocation of the power poles from the south side of the alley to the north side of the alley. His concern was related to the gates giving him and his neighbor access to the alley for pulling RVs and boats out of the back yards. Mike Tuss stated they had not heard back from Northwestern Energy on the cost of relocating the poles but assured Mr. Miller the poles would not be located to block their current or future gates for accessing their backyards. Susan Peterson of 1406 Avenue B wanted to know whether the bank will replace the sidewalk and install an ADA-compliant ramp on Avenue B when they install the staff parking lot. Pat Davies, P.E., Sanderson Stewart and agent for Stockman Bank, stated this would likely be required through the building permit and site development permit issued for the new parking lot and bank. Mr. Davies stated this would only be on the frontage for the lot on Avenue B and would not include an ADA compliant ramp on the north side of Avenue B.

Please see the Alternatives Analyzed for consistency with Policies and Plans.