This is a request for a special review to place a beer and wine license with gaming in a Controlled Industrial (CI) zone at 900 S 24th Street West, a multi-tenant building. The property is legally described as Lot 5A1 of Block 3, Midland Subdivision 3rd Filing, a 1.32 acre parcel of land. The 2 units are 3,712 square feet within an existing 10,950 square-foot multi-tenant building. 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 June 4, 2013, 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 this 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. 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 beer and wine licenses with gaming by special review approval. The application is conforming to the purposes of the regulations and the 2008 Growth Policy. The location of an additional license in this area 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 Lot 5A1, Block 3 of Midland Subdivision, 3rd Filing.
2. The special review approval is for the location of a beer and wine license with gaming and no other use is intended or implied.
3. Any expansion of the interior space greater than 372 square feet will require an additional special review approval. The addition of an outdoor seating area 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 approval of a new beer and wine license with gaming will increase the city's business tax determination fees for this location.

This is a request for a special review to locate a beer and wine license with gaming in a 3,712 square foot suite in a multi-tenant building located at 900 S 24th Street West. No specific tenant for the license is listed with the application, but a license could be located within the building. The CI zone allows the location of a liquor license with gaming by special review approval. There is a long history of special review approvals in the area of South 24th Street West and King Avenue West. All the requests (22) have been approved with the exception of a microbrewery proposed on Enterprise Avenue in 2005. 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 Zoning Commission conducted a public hearing on June 4, 2013, and received the staff recommendation and testimony from the applicant's agents, Marshall Phil of Blueline Engineering and Rob Veltkamp. No other testimony was received. The Zoning Commission is recommending conditional approval on a 3 to 0 vote.

The consistency with adopted policies and plans is discussed in the alternatives analyzed section above.