City Special Review #943 – 741 S 24^th St West – Service Station  – A special review request to allow the construction of a service station (Jiffy Lube) in a Neighborhood Commercial (NC) zone on a 13,068 square foot parcel of land described as Lot 9A, Block 2, Justiss Subdivision, 1^st Amended. Tax ID: C01676. Presented by: Nicole Cromwell, Zoning Coordinator

The Planning staff is recommending conditional approval and adoption of the findings of the 3 criteria for Special Review 943.

OWNER: 741 S 24th Street West, Inc. - Jeff Essman
AGENT: Terra Form Companies, Elliot Smith
LEGAL DESCRIPTION: Lot 9A, Block 2, Justiss Subdivision
ADDRESS: 741 S 24th Street West
CURRENT ZONING: NC
EXISTING LAND USE: former Valet Today Dry Cleaner
PROPOSED USE: Jiffy Lube (Service Station)
SIZE OF PARCEL: 13,068 square feet

None.

Subject Property: This location has been the subject of 5 zone change applications and 1 special review. Three zone changes from Residential 7,000 (R-70) to Residential Professional (RP) or Community Commercial (CC) zoning were attempted but denied in the late 1970s and early 1980s. In 1996, the City approved a zone change to RP and a special review to allow the drive-through service for the Valet Today dry cleaning service. The business closed approximately 2 years ago. The owner of the property submitted a zone change in 2015 from RP to Neighborhood Commercial (NC) zoning. The City Council approved the zone change in July, 2015. At the time, the property was to be sold to a small national food retailer. This sale did not occur.

Surrounding Property: The Justiss Subdivision and the Valley View Acres Subdivision to the north have been the subject of numerous zone changes and special review requests since the early 1970s. Four of the 11 zone change requests were denied. These proposed zone changes were from residential zoning to commercial zoning. Notably, in 1993, the lot directly north of the subject property received a Planned Development zone change from Public zoning to allow the city to sell a portion of property to Pier One for development. The underlying zoning for the Pier One property is NC. Special reviews for liquor licenses, large satellite dishes, a clothing store and for a veterinary clinic have been approved in the Valley View Acres Subdivision north of the subject property.

NORTH:	Zoning: PD-NC (Pier One) Land Use: Pier One retail store
SOUTH:	Zoning: RP Land Use: Insurance agent
EAST:	Zoning: RP Land Use: Real estate office
WEST:	Zoning: CI Land Use: Applebee's, Wal-mart, Toys R Us, City Brew

This is a special review request to locate a service station, a Jiffy Lube, in an NC zoning district. Service stations include single service locations such oil changes, alignments, tire services and minor vehicle repairs. The use is an allowed use provided the proposal meets the 3 criteria for special review approval.

The subject property was zoned R-70 until 1996 when the zoning was changed to RP to allow the construction and operation of a drive-through service for the former Valet Today dry cleaners. The business closed at this location about 2 years ago. The owner of the property submitted a zone change from RP to NC last year to allow the location of a small national food service business. The zone change was approved but the sale was not completed. The owner now has interest in the property for the development of a Jiffy Lube. This business provides lubricating service to vehicles on a drive through basis similar to Master Lube, Wal-mart, Sears and Pep Boys.

The site has been fully developed but has 3 street frontages; Rosebud Drive, Henesta Drive and S 24th St West. This will make re-development of the 1/3-acre property a challenge. The property will only have access from the Henesta Drive street frontage. No access will be allowed from S 24th St West or from Rosebud Drive. The traffic count on this section of S 24th St West is about 26,000 vehicle trips per day and King Ave West 1/2-block to the south carries about 27,000 vehicle trips per day. South 24th Street West at this location is a 6-lane arterial street with a full traffic control signal at its intersection with Rosebud Drive. Rosebud Drive is a 2-lane local street with a dedicated left turn bay at the signalized intersection. Henesta Drive is also a 2-lane local street that provides service to the adjacent businesses as well as dwellings to the south and east. Henesta Drive is a dead end street when it meets property owned by Lithia Dodge on King Avenue West. There are no directly adjacent residential uses to the subject property.

The Planning Division has reviewed the request and is recommending conditionally approved based on the findings of the 3 review criteria. Before a recommendation of approval or conditional approval may 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, the 2008 Growth Policy including any neighborhood plans, 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 it is an zoning district where service stations are allowed by special review approval. The application is consistent with the objectives and purposes of the Unified Zoning Regulations and the site plan appears to meet all of the requirements of those regulations. The application is consistent with the adopted Growth Policy and Infill Policy to encourage development or re-development of property with compatible uses in existing neighborhoods where city infrastructure already exists and can readily serve the property. The proposed use may have some adverse impact to the immediate vicinity and the Planning staff is recommending several conditions of approval to ensure these potential impacts are minimized. The staff proposes the following conditions of approval:

1. The special review approval is for the operation of a service station and no other use is intended or implied by this approval.
2. The special review is limited to Lot 9A, Block 2 of Justiss Subdivision generally located at 741 S 24th St West.
3. The applicant will retain all existing trees on the property and on the adjacent rights of way. Any tree trimming required for the demolition of the existing building or construction of the new building will be done in consultation with a certified arborist. Tree trimming on trees within the public rights of way will be done after consultation with the City's Forester.
4. The applicant will use the color scheme for the new building as shown on the submitted site plan.
5. The applicant will develop the site in substantial conformance with the submitted site plan. Minor deviations and modifications are allowed.
6. The applicant will install one bike rack capable of parking and locking 2 bicycles near a public entrance of the new building. The applicant will chose a type and style as recommended in the City of Billings Off-Street Bicycle Parking Guidelines.
7. There shall be no demolition or construction activity on the site before 7 am or after 8 pm daily.
8. 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.
9. 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.
10. 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.

 

Planning staff recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 943.