This is a request for a special review to replace an existing beer and wine license with gaming with an all-beverage 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 is 3,490 square feet within an existing 58,285 square-foot multi-tenant building. The Won 800 Sports Bar and Casino was approved for this location by City Council on January 23, 2012. The owner has the opportunity to purchase an all-beverage license. 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 September 4, 2012, and is forwarding a recommendation of conditional approval on a 3 to 0 vote.

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with the 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 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) the project 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, and conforms to all parts of the Unified Zoning Regulations. The location is in one of the zoning districts that allows an all-beverage license with gaming by special review approval. The application is conforming to the purposes of the regulations and the 2008 Growth Policy. The upgrade of the existing beer and wine license with gaming to an all-beverage license should have no impact on the surrounding uses or neighbors. 

The application also conforms to the second and third criteria. There will be no remodeling or changes to the building. The Zoning Commission is recommending conditions for this special review based on the approval criteria for special review uses.

PROPOSED CONDITIONS
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. The special review approval is for the location of an all-beverage license with gaming and no other use is intended or implied.
3. Any expansion of the interior space greater than 400 square feet will require an additional special review approval.
4. There shall be no outdoor public address system or outside announcement system of any kind.
5. 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.
6. 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.

The proposed special review should have no financial impact on the city tax base. Additional fees may be realized when the business tax determination is issued by the city each year.

This is a request for a special review to replace an existing beer and wine license with gaming with an all-beverage license with gaming in a 3,490 square foot suite in the multi-tenant building located at 603 24th Street West. The Won 800 Sports Bar and Casino moved into this location earlier in 2012 after Special Review #901 was approved by the City Council. The business was previously located in the Rimrock Mall. 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. 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 is developed for retail services or offices. The Gorham Park neighborhood is east of this parcel.

The Planning Staff received and forwarded a petition against the proposed all beverage license upgrade. The petition was from surrounding owners on Custer Avenue, Hewitt Drive, and Gay Place. The Zoning Commission considered the petition at the public hearing.

The Zoning Commission held a public hearing on September 4, 2012, and received the staff recommendation. The Commission received testimony from the agent, Bob Pulley of 321 Glee Place. No other testimony was provided.

Mr. Pulley stated he understood the concerns of adjacent neighbors who submitted the written petition. Mr. Pulley stated he did not believe many customers used the rear entrance but all of the employees park in the back and use the rear entrance. Mr. Pulley will consult with the owner and applicant regarding the need for the neon sign on the rear of the building. Mr. Pulley said the sports bar and casino has been a good neighbor since moving into the building.

The Zoning Commission considered the staff recommendation and the testimony and is forwarding a recommendation of conditional approval on a 3-0 vote.

Consistency with Adopted Policies and Plans is discussed in the Alternatives Analyzed section above.