This is a request to allow the construction of a drive-through café in a Community Commercial (CC) zone across the alley from a residential zone on Lot 15A1, Block 2, of Sunset Subdivision, 2^nd Filing, a 34,939 square foot parcel of land.  The property is owned by Chris Bakwin and the agent is Wadsworth Acquisitions, LLC. The property is generally located at 910 Grand Avenue, the location of the former JBs Restaurant. The applicant proposes to demolish the current building and build 2 new structures; 1 for the drive-through café and 1 additional building for another retail tenant. The Zoning Commission conducted a public hearing on January 7, 2014, and is forwarding a recommendation of conditional approval and adoptions of the findings of the 3 criteria on a 5-0 vote.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with the recommendation and the findings of the 3 criteria.

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 is in a district that allows drive-through services across an alley from a residential zone by special review. The proposed buildings, landscaping, solid waste storage meet the code requirements for this zone. The applicant is proposing to construct a 6 foot site-obscuring cedar fence along the alley to provide a visual barrier to the residences. New landscaping will be installed around the building and along the street frontages. The property shares a drive approach with the adjacent property at 918 Grand Avenue. This shared approach includes an alley access. This will remain open for use by customers and employees but will not be the most obvious travel path to and from the business.
 
The proposal is consistent with goals of the 2008 Growth Policy and the Billings Infill Policy, specifically the recommendation to encourage re-development of under-utilized land, encouraging compatible uses and avoiding leapfrog development beyond city services. Planning staff is recommending conditions for this special review based on the approval criteria for special review uses. The building will be located as far as possible from the alley and conditions of approval will mitigate any potential negative impacts to the residential neighborhood. The application is conforming to the purposes of the regulations, the 2008 Growth Policy and the Billings Infill Policy (December 2011). 

 RECOMMENDATION 

1. The special review is limited to Lot 15A1, Block 2, Sunset Subdivision, 2^nd Filing generally located 910 Grand Avenue.  
2. The special review approval is for the construction of a 3,000 square foot building with a drive-through café service and no other use or development configuration is intended or implied by this approval. The second building shown on the site plan is not subject to this special review approval.      
3. Any expansion of the proposed drive-through café building greater than 10 percent of what is shown on the submitted site plan will require an additional special review approval.
4. All exterior lighting, including security lighting shall have full cut-  off shields so no part of the fixture or lens projects below the cut-off shield. The maximum height of any light pole in the outdoor areas shall be 15 feet above grade. Exceptions to this requirement are allowed for entry doorway lighting.
5. No construction or demolition activity will occur before 7 am or after 8 pm daily.
6. New trees shall not be any of the following species: Carolina poplar, other populus subspecies including any variety of aspens, elms, lombardy poplar, silver leaf poplar, weeping willow, or box elder. All installed trees will be continuously maintained and replaced as necessary by the owner.
7. Any centralized solid waste storage shall be enclosed by a wall on 3 sides and a closing gate or gates. The wall and gates for the solid waste storage shall be similar or complimentary in color to the adjacent buildings and shall be sight-obscuring. The wall  and gates shall be tall enough that no part of the interior dumpster(s) are visible from the outside. 
8. The site will be developed in substantial conformance with the submitted site plan including landscaping, parking and building locations.
9. A sight-obscuring 6-foot fence shall be installed along the south property line with the exception of the clear vision area where the alley intersects 9^th Street West. A separate fence permit is required from the Planning Division.
10. Any outdoor announcement system shall be operated so it is not audible beyond the property lines.
11. The owner is allowed to have background music and un-amplified, live entertainment on the outdoor patio. Amplified, live entertainment is not allowed at any time.
12. 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. 
13. 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.
 

If the request is approved, a building permit will be issued with permit fees to cover the cost of the permit review and required inspections. The city will issue a business tax determination that will also generate fees to cover the cost of inspections for fire code compliance and alcohol service compliance. The property will increase in taxable value and increase the city's tax revenue.

This is a request to allow the demolition of an existing building and construction of 1 new building for a drive-through café. One additional 2,000 square foot building is also proposed for the site but will not have a drive-through service. The property is approximately 35,000 square feet in area and is located at the intersection of Grand Avenue and 9^th Street West. The property to the north, east, and west of the subject property is zoned and used for commercial purposes. The property to the south across the alley is zoned R-70 and is developed for residential uses. A special review is required when a drive-through service is proposed adjacent to or across an alley from a residential zone. The applicant has submitted a site plan that identifies the location of the drive-through café, and site upgrades including landscaping, closure of 1 driveway on 9^th Street West and the proposed drive-through lane. If approved, a Starbucks is planning to locate in the new drive-through café building. The property shares a drive approach with property directly west at 918 and 922 Grand Avenue. This will serve as the only approach off Grand Avenue. A new drive approach off 9^th Street West will be developed just north of the alley intersection. Solid waste service will be located in an enclosure near the south property line but will not be serviced from the alley. The site plan shows adequate parking for the drive-through café but the plan is short 3 spaces for the additional retail tenant building. The owner will need to have a parking variance approved by the City Council for the 2^nd building. This will be a separate application from the special review.
 
The surrounding zoning is primarily commercial except for the zoning south of the alley. South of the alley is a developed single-family and two-family neighborhood. Drive-through uses adjacent to or across the alley from a residential zone can create conflicts such as noise, traffic, litter and other impacts not compatible with residential uses. All of these potential impacts can be mitigated through application of conditions of approval and adherence to an approved site plan through the special review process. The Planning staff is recommending several conditions related to noise, lighting, solid waste management, traffic and site control.
 
Grand Avenue is a principal arterial street that carries up to 23,000 vehicle trips per day with a posted speed limit of 35 mph. There are curb-walk sidewalks on both sides of Grand Avenue and both sides of 9^th Street West. The intersection is a two-way stop-controlled intersection. The proposed drive-through will be on the east side of the building with traffic flowing north and west around the front of the building. This flow pattern will have the least impact on the adjacent neighborhood. Traffic may still exit to the alley through the existing shared access between 910 and 918 Grand Avenue, but is more likely to use the drive approaches on 9^th Street West or Grand Avenue.

The Zoning Commission conducted a public hearing on January 7, 2014, and received the Planning staff recommendation and testimony from Ed Waldvogel, agent for Wadsworth Acquisitions, the applicant. No other testimony was received. The applicant stated the new tenant will be Starbucks, an International Fortune 500 company and voted one of the top 50 places to work. Mr. Waldvogel stated if the special review is approved they intend to move forward with the building permit process in March 2014. He stated he was in agreement with the proposed conditions and had a preliminary concept meeting with the city staff to discuss the development process. 

The public hearing was closed and Chairman Dailey asked for a motion on the request. Member Barbara Hawkins made a motion to recommend conditional approval and adoption of the findings of the 3 criteria and Member Mike Boyett seconded the motion. Member Boyett stated this was a good project for this corner and looks forward to the improvements. Member Hawkins stated this will be great addition to the city. The Commission voted 5-0 in favor of the motion.

The Consistency with Adopted Policies or Plans is discussed in the Alternative Analyzed section above.