This is a special review request to locate a drive-through food service restaurant across an alley from a Residential zone in a Community Commercial (CC) Zone on Lot 1B, Block 1 of Central Heights Subdivision, 2^nd filing, a 21,211 square foot parcel of land. Little Caesar’s Pizza is proposing a new location at this address. Tax ID: A04406.
 
Special Review applications are reviewed using City Code criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not require an ordinance for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to a review by the City to determine if any mitigation is needed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.

City Council may:

• Approve the request;
• Conditionally approve the request;
• Deny the request;
• Allow the applicant to withdraw the request; or
• Delay action on the request for up to 30 days.

APPLICATION DATA
OWNERS: Zarbock Enterprises, LLC
AGENT: John Atkinson
PURPOSE: locate a drive-through food service restaurant
LEGAL DESCRIPTION: Central Heights Sub, 2nd filing, Lot 1B, Block 1
ADDRESS: 2202 Central Ave.
EXISTING LAND USE: Commercial
PROPOSED LAND USE: Commercial
EXISTING ZONING: Community Commercial-CC

The Planning staff has reviewed the proposed location for a drive through service and is recommending conditional approval. 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 Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Zoning Regulations and the 2016 Growth Policy, and 3) the application 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 the zoning regulations adopted by the City Council have designated all CC zoning districts can have a drive through service adjacent to a residential zone as long as they go through the special review process.   There are requirements for landscaping and screening from residential uses next to commercial uses within the zoning regulations. The proposed facility meets all the requirements of the zoning regulations. 

The application meets criteria from the second requirement as it is consistent with some of the objectives of the 2016 Growth Policy: 

• Essential Investments: Infill development and development near existing City infrastructure may be the most cost effective.
The proposed special review will promote development of a commercial service area on a parcel where none currently exists on land that has been zoned appropriately for this commercial use and has easy access to City services and infrastructure. This will remove an older structure and replace it with a new updated building with a similar use than previously existed.

• Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.
The proposed development of this land will provide walkable services to the immediately adjacent neighbors. Conditions of approval will be proposed to ensure this development does not impact these same neighbors with excessive noise, light and other intrusions. 

• Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.
The proposed special review will support a new business, provide employment opportunities at this location, and benefit the community with needed local services.

The application also meets the third criteria in that it is compatible with surrounding land uses in the area. This site is in an area of Billings with residential zoning and residential uses to the south and commercial zoning with commercial uses to the north, east and west. There are minimal impacts from the proposed use that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.

If the special review is approved, a small amount of value will be added to the City's tax base. If the special review is not approved, the property may remain as it is and not increase any taxable value. 

This is a special review request to locate a drive through food service restaurant across an alley from a Residential zone in a Community Commercial (CC) Zone on Lot 1B, Block 1 of Central Heights Subdivision, 2nd filing a 21,211 square foot parcel of land. Little Caesar’s Pizza is proposing a new location at this address.  A special review is required whenever a drive through service is located adjacent to a residential zone.  There is residential zoning to the south of the subject property across the alley. 

There have been four special reviews approved for this subdivision to allow drive-through services.  Special Review #541, 2244 Central, #297 at 2274 Central, #556 at 2338 Central, and #876 at 2156 Central were all conditionally approved for drive through services.  The property zoning to the north, east and west is CC and are all currently commercial uses.  The residentially zoned parcels to the south across the alley should be minimally impacted with the proposed conditions of approval.

The Planning staff reviewed the proposed location for a drive through service and recommended conditional approval. The Zoning Commission concurred with the Planning staff recommendation. 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 Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Zoning Regulations and the 2016 Growth Policy, and 3) the application is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts. 

The Zoning Commission conducted a public hearing on June 5, 2018, and received the staff report and recommendation as well as testimony from the applicant, Robert Zarbock.  Mr. Zarbock  said the intention of the pick up window is to allow online and phone orders to be picked up easily.  He said this also reduces the congestion at the counter and helps disabled customers to have an easier access.  Little Caesar"s corporate now allows online ordering and this means the pick up window will not be a typical drive through. He said there would be no menu board or speakers. Commissioner Ulvestad asked if they had delivery service.  Mr. Zarbock said they do not deliver, the service is for pick up only. Commissioners discussed the traffic study and the rush hour times during school and evenings.  

The public hearing was opened. Dennis Farr said he lived in the neighborhood and was conflicted as to weather he was in favor or opposed.  He is concerned about the traffic turning right on South Sante Fe and driving through the neighborhood.  He would prefer they had a requirement of a left turn only.  Mr. Farr said he also was in favor of the infill and would like to see removal of the existing building and upgrading the property with a new one.

The public hearing was closed and Commissioner Ulvestad made a motion to forward a recommendation to the City Council of conditional approval and adoption of the findings of the 3 criteria for Special Review 966 with the recommended conditions. The motion was seconded by Commissioner Larson and passed with a 4-0 voice vote.

Discussion of the application's consistency with adopted plans and policies, including the City of Billings 2016 Growth Policy, is included in the Alternatives Analyzed section of this memo.