City Special Review 981 – NW Corner of Shiloh Road and Central Ave.  – Car Wash – A special review request to allow a stand-alone car wash facility, on Lot 22A, Block 2 of Certificate of Survey 2727M, a 4.708 acre parcel of land. The parcel is currently outside the City limits of Billings. There is a pending annexation request.  Presented by Karen Husman, Planner I.

Planning staff has reviewed this application and is recommending conditional approval of Special Review 981.

OWNER: Amy Iwata, Trustee
AGENT: Bryan Alexander, Sanderson Stewart
LEGAL DESCRIPTION: Lot 22A, Block 2 of Certificate of Survey 2727M
ADDRESS: No address/generally located on the NW corner of Shiloh Road and Central Ave
CURRENT ZONING: Neighborhood Commercial
EXISTING LAND USE: Agricultural
 PROPOSED USE: Car Wash
 SIZE OF PARCEL: 4.708 Acres

Annexation 20-01.

SUBJECT PROPERTY		DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
	County ZC 347	12/13/1983	R-150 to NC	Yes
SIMILAR PROPERTY	SR #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
2335 Lewis Ave	980	11/5/19	Car wash	Y	SR approved, Concurrent ZC denied making SR invalid.

NORTH: Zoning: R-150
Land Use: Clydesdale Park (County)
SOUTH: Zoning: NC, RMF & R-96
Land Use:  Cenex Zip Trip, Morning Star Senior Living, New YVEC substation and vacant commercial land
EAST: Zoning: CC
Land Use: Shiloh Commons (mixed use)
WEST: Zoning: R-150
Land Use:  Shiloh Estates - single family county subdivision

The applicant is requesting a special review to allow a stand-alone car wash facility, on Lot 22A, Block 2, of Certificate of Survey 2727M, a 4.708 acre parcel of land. The contract purchaser, Buggy Bath Carwash, is proposing development of the car wash on the northerly 2.22 acres and keeping the remaining 2.5 acres undeveloped at this time. The lot is currently outside the City limits of Billings and has a concurrent application for annexation being processed. The City Council will consider the petition for annexation and this Special Review recommendation during the same regular business meeting to ensure the property is annexed before the Special Review is acted upon.

A Traffic Impact Study was prepared by the current property owner, and is included with the application. The study concluded the proposed use would have low impact on traffic.  No improvements were recommended for the intersection at this time to improve capacity. A Special Review is necessary for the intended use of a car wash in the existing NC zone. The developer intends to orient the site to minimize impacts on adjacent residential properties by facing dryers away from them, using low-noise dryers in the automatic tunnel and touch less automatic bay, and providing a six foot high block wall adjacent to the residential parcels.

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 has designated all NC zoning districts can have a car wash as long as they go through the special review process. The subject property is also within the Shiloh Overlay District. The requirements for the Shiloh Overlay District are activated upon annexation to the city limits. There are requirements for landscaping and screening from residential uses next to commercial uses within the zoning regulations, the overlay district has additional requirements for landscaping, signage and building design. 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 near an intersection of two principal arterial streets. The property has easy access to City services and infrastructure.

• 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 Shiloh Road and Central Avenue. The proposed use is not expected to generate much new traffic, but does take advantage of current high volume traffic on two arterial streets. Conditions of approval will be proposed to ensure this development does not impact the neighboring properties with excessive noise, light and other intrusions.

• Community Fabric: Attractive, aesthetically pleasing, uniquely Billings

Upon development of the site, this property will comply with current City standards on landscaping both within the property and adjacent the the public ROW. This property is within the Shiloh Overlay District and will be subject to the development standards for the corridor.
 
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 and residential uses. There are residential  zoning and uses to the north and west, and commercial and residential mixed uses to the east, and commercial to the south.  There are impacts from the proposed use that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the surrounding properties.
 
PROPOSED CONDITIONS

1. The special review approval is limited to on Lot 22A, Block 2, of Certificate of Survey 2727M, a 4.708 acre parcel of land generally located near the NW corner of Shiloh Road and Central Ave.
2. The special review is for the construction and operation of a stand-alone car wash. No other use is intended or implied.
3. The site shall be developed in substantial conformance with the site plan submitted.
4. To mitigate the long term impacts of this facility on the residential development to the west, a solid wall will be built to screen the residences from light and buffer noise emanating from the site.
5. There will be no construction activities, including site preparation such as grading, operating equipment or digging prior to 7 a.m. or after 8 p.m. daily.
6. 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.
7. 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.

The Planning Division recommends conditional approval and adoption of the findings of the three criteria for Special Review 981. This application is pending approval of an application for annexation to the City of Billings.