Item #1: City Special Review 980 – 2335 Lewis Ave – To allow a car wash – A special review request to allow a car wash in a Neighborhood Commercial (NC) Zone, on Lot 7A, Arnold Subdivision 2^nd filing, a 30,660 square foot parcel of land. Presented by: Karen Husman, Planner I.

The Planning Division recommends conditional approval and adoption of the findings of the three criteria for Special Review 980. This application is pending approval of Zone Change 973 to change the zoning from RP to NC. The City Council approved the zone change on first reading on Monday October 28. The second reading is scheduled for November 12. 

OWNER: Ed Sermon
AGENT: Scott Aspenlieder, Performance Engineers
LEGAL DESCRIPTION: Lot 7A, Arnold Subdivision 2nd Filing
ADDRESS: 2335 Lewis Ave
CURRENT ZONING: RP (Zone Change 973 pending to Neighborhood Commercial)
EXISTING LAND USE: Church
 PROPOSED USE: Car Wash
 SIZE OF PARCEL: 30,772 sf

Zone Change 973: From Neighborhood Commercial to Residential Professional- pending approval - November 12, 2019.

SUBJECT PROPERTY		DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
2335 Lewis	ZC 973	10/28/2019	RP to NC	pending
SURROUNDING PROPERTY	SR #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
805 24th ST. W. Ste. 1	951	1/9/17	Beer & Wine + Gaming	Y
2340 Lewis Avenue (aka 1031 24th St W)	583	5/13/1996	Car Wash	Y	Car wash approved for lot east of existing gas station but it was not constructed

NORTH:   Zoning: RP
Land Use: Federal Credit Union
SOUTH:    Zoning:  NC
Land Use:  Cenex gas station
EAST:       Zoning: RP
Land Use: Frontier Insurance Solutions
WEST:      Zoning: R-70
Land Use:  Residential & Church of the Good Shepherd

This is a special review request to allow a car wash in a Neighborhood Commercial (NC) Zone. The applicant has submitted a request to change the zoning from Residential Professional zoning to NC on this parcel of land.  The City Council approved the zone change on first reading on Monday October 28. The second reading is scheduled for November 12, and if approved would allow consideration of a special review for a car wash on the property. The Planning staff has reviewed the proposed location for a car wash 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 NC zoning districts can have a car wash 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 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 on a parcel where none currently exists on land zoned appropriately for this commercial use. The property is located on a principal arterial street with an intersection of a collector street. The property has easy access to City services and infrastructure. This will remove an older structure and replace it with a new building that will serve as a car wash.

• Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired.

The proposed development of this land will provide services to the immediately adjacent neighbors as well as capture existing traffic from 24th St West and Lewis Avenue. The proposed use is not expected to generate much new traffic, but does take advantage of current high volume traffic on 24th St West. Conditions of approval will be proposed to ensure this development does not impact the neighboring properties 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 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 commercial zoning and residential uses to the east and commercial zoning with commercial uses to the north and south. There are residential uses and zoning across 24^th Street as well a church fronting 24^th Street West. There are 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.
 
PROPOSED CONDITIONS

1. The special review approval is limited to Lot 7A Amended Lots 6 & 7, Arnold Sub., a 30,772 square foot parcel of land generally located at 2335 Lewis Avenue.
2. The special review is for the construction and operation of a car wash. No other use is intended or implied.
3. The drive-through car wash 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 6 am or after 10 pm on a daily basis.
4. A minimum 6-foot high sight-obscuring fence and landscape buffer shall be placed on the east property line to buffer the adjacent uses.
5. There will be a minimum building setback of ten (10) feet from the north and east property lines.
6. Mechanical equipment that generates noise in excess of fifty-five (55) decibels (DbA) within five (5) feet of the equipment location must provide sound abatement or suppression.
7. In addition to the required landscaping per Section 27-1103, there will be landscaping on the corner of Lewis and 24^th Street West with a sufficient “safe” area for gathering of pedestrians waiting to cross the intersection.
8. All outdoor lighting shall have a maximum height of 15' and full cutoff shields so no part of the fixture or lens projects below the cut-off shield. This is to attenuate light on the property and shield the neighboring property to the east.
9. With the exception of the above conditions, the site shall be developed in substantial conformance with the site plan submitted.
10. Boulevard walk and proper landscaping shall be in stalled along the property border adjacent to Lewis Avenue.
11. The proposed development shall comply with all other limitations of Section 27-613 of the Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.
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.

 
**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.
 
Zoning Commission Action
The City Zoning Commission shall make a recommendation to the City Council to:
1. Deny the application for a special review use.
2. Grant the application for a special review use.
3. Conditionally grant the application for a special review use.
4. Delay action on the application for a period not to exceed thirty (30) days.
5. Give reasons for the recommendation.

Before recommending approval of a special review use, the Zoning Commission shall find that the contemplated use:
1. Complies with all requirements of this Article (27-1500);
2. Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan;
3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.
 
Further the Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following:
1. Street and road capacity;
2. Ingress and egress to adjoining streets;
3. Off-street parking;
4. Fencing, screening and landscaping;
5. Building bulk and location;
6. Usable open space;
7. Signs and lighting; and/or
8. Noise, vibration, air pollution and similar environmental influences.

Staff recommends conditional approval.