This is a request for a special review to allow the location of a beer and wine license with gaming in a Community Commercial (CC) zone on Lots 1-10, Block 13, and Tract A1, B, and B1 less the west 10 feet for street, Gorham Park Subdivision, a 4.73 acre parcel of land. The suite will be about 3,490 square feet within an existing 58,285 square-foot multi-tenant building. The Won $800 Casino and Sports Pub is currently located in Rimrock Mall and is moving. The location will not require a waiver of the 600 foot separation from this location as there are no churches, schools or public parks with playground equipment within 600 feet of this property. The Zoning Commission conducted a public hearing on January 3, 2012, and is forwarding no recommendation to the City Council due to the lack of qualified members to vote on the application. 

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission conducted the public hearing but could not forward a recommendation due to the lack of qualified voting members. Commission Member Bill Ryan could not deliberate or vote on the application because he represents the applicant, M & K, Inc. Only 3 members of the Zoning Commission attended the meeting on January 3, 2012. Two qualified members of the Zoning Commission do not form a quorum for the purposes of voting on a 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 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. The Planning Division advised the Zoning Commission the application conforms to the first criteria, and conforms to all parts of the Unified Zoning Regulations. The location is in one of the zoning districts that allows a beer and wine license with gaming by special review approval. The application is conforming to the purposes of the regulations and the 2008 Growth Policy. The location of a beer and wine license with gaming in a small 3,490 square foot tenant space will allow an existing business to remain in the area and increase occupancy of this multi-tenant building. 

The Planning Division advised the Zoning Commission the application also conforms to the second and third criteria. The submitted drawing shows the existing conditions and no substantial changes to the exterior except for changes in signage are contemplated. This is an opportunity to re-use an existing vacant tenant space and allow expansion of a long term business. Planning staff is recommending conditions for this special review based on the approval criteria for special review uses.

The Planning Division forwarded the following conditions of approval to the Zoning Commission:
1. The special review approval shall be limited to Lots 1-10, Block 13 and Tract A1, B and B1 less the west 10 feet for street, Gorham Park Subdivision
2. Any expansion of the proposed interior space greater than 400 square feet will require an additional special review approval.
3. There shall be no outdoor public address system or outside announcement system of any kind.
4. 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.
5. 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.

There should be no significant impact on city finances. When the building is remodeled, additional property taxes may be collected when the value increases.

This is a request for a special review to allow the location of a beer and wine license with gaming in a 3,490 square foot suite in the multi-tenant building located at 525 24th Street West. The Won $800 Casino and Sports Pub is moving from its current location in the Rimrock Mall. This location has a vacant tenant space the applicant intends to renovate. This property received a zone change from NC to CC in 1990. The CC zone allows the location of a liquor license with gaming by special review approval. There is an existing cabaret beer and wine license for a restaurant tenant already on the property. A cabaret license does not require a special review since no gaming is allowed with this type of license. There is a long history of special review approvals, denials, and withdrawn applications in this area of 24th Street West. This is the first application for this property. The location is not within 600 feet of any church, school, or public park with a playground. Most of the commercial property near this site has been developed for retail services or offices. The Gorham Park neighborhood is directly east of this parcel.

The Zoning Commission conducted a public hearing on January 3, 2012, and received the Planning staff recommendation and testimony from the owner, Theresa Jenkins, the applicant, Jill Lindell of Won $800 Casino and Sports Pub, and the agent, attorney Peter Stanley. The Planning Division received a letter of opposition to the application from Betty Reid of 2311 Custer Avenue and this was put on the record. No other testimony was received. The Zoning Commission could not forward a recommendation because Commission member Bill Ryan was disqualified from voting since he represents the owner of the property, M & K, Inc. Three qualified members of the Zoning Commission are required to form a quorum for voting purposes.

The consistency with adopted plans and policies is discussed in the Alternatives Analyzed section above.