This is a special review request to locate a beer & wine license with gaming for a new Dotty’s Casino, a 4,000 square foot tenant space in a proposed new 10,502 square foot building with a 108-stall parking lot and landscaping in an Entryway Light Industrial (ELI) zone generally located at 4010 Montana Sapphire Drive. The legal description of the property is Lot 8C, Block 1 of Montana Sapphire Subdivision, a 1.939 acre parcel of land. The Zoning Commission conducted a public hearing on August 4, 2015, and is forwarding a recommendation of conditional approval and adoption of the findings of the 3 criteria.

The City Council may:

• Approve the request
• Conditionally approve the request
• Deny the request
• Allow the applicant to withdraw the request
• Delay action on the request for up to 30 days

The Planning Division reviewed the application and the 3 criteria for special review and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with this recommendation and findings. Before a recommendation of approval or conditional approval may 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 appears to conform to all parts of the Unified Zoning Regulations. Complete compliance with the South Shiloh Overlay District for details on landscaping, screening, building design and signage will be evaluated at the time of building and sign permit submittal. 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 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. The Montana Sapphire Subdivision is not yet fully developed so additional businesses and residents will help to improve the area. The new Shiloh Conservation Area is an amenity for this subdivision and the addition of a restaurant and casino will be beneficial. The Zoning Commission is recommending conditions for this special review based on the approval criteria for special review uses.

The Zoning Commission recommends the following conditions:
1. The special review approval is for the location of a beer and wine license with gaming on Lot 8C, Block 1 of Montana Sapphire Subdivision and no other use is intended or implied.
2. Any expansion of the casino greater than 400 square feet will require an additional special review approval.
3. Any increase in the number of parking spaces over 10% of what is shown (118 spaces) will require an additional special review approval.
4. There shall be no outdoor public address system or  outside announcement system, whether permanent or temporary, of any kind. There shall be no outdoor event on the grounds that includes amplified music or an amplified sound system of any kind.
5. The solid waste storage area shall have a sight-obscuring enclosure constructed in similar materials and colors of the building. The enclosure will include a sight-obscuring gate.
6. 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.
7. 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.

**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.

If the special review is approved, the lot will be developed and additional taxable value may be added to the tax base. If the special review is not approved, the lot may or may not develop.

The City Council has conditionally approved 23 locations for on-premise service of alcohol in this area of West Billings since 1985. Most of these locations were for restaurants with just a few for bars with casinos, such as Montana Lil's at 2850 King Ave West approved in 2008. There are two bars and casinos in Montana Sapphire at this time - Manny's (2008) and Tinseltown Casino (2007). This application is for a beer and wine license with gaming. Dotty's Casino serves a different market of entertainment than the current two casinos in Montana Sapphire Subdivision. The City Council recently approved (July 27, 2015) a location for an all beverage license without gaming for the proposed Divide Restaurant and Bar, an unusual license in Montana.

This is a special review request to allow a beer and wine license with gaming for a proposed new Dotty's Casino at 4010 Montana Sapphire Drive. The property has frontage along Shiloh Road and is directly south of the Steak & Shake Restaurant at 4002 Montana Sapphire Drive. Dotty's Casino caters to a different entertainment market than other casinos in the area and will fill a niche in this developing subdivision. The property is within the South Shiloh Corridor Overlay District so additional landscaping, building design and signage standards will apply to the development. The proposed 10,502 square foot building will have multiple tenants with Dotty's Casino occupying 4,000 square feet. There are no churches, parks with playing fields or playgrounds, or schools within 600 feet of this proposed location. The location will not have an outdoor patio. Shiloh Road carries about 10,000 vehicles per day on this section of the roadway. This volume of traffic is similar to Rimrock Road, Poly Drive and S 32nd Street West. The traffic volume on Shiloh Road has been steadily increasing since its reconstruction was completed in 2010. As additional dwellings and businesses are developed along the corridor, the traffic volume should increase. Access to the property is from the Montana Sapphire Drive that connects to Shiloh Road to the northeast. The intersection at Shiloh Road is a stop controlled intersection with 3/4 access to Shiloh Road. Exiting traffic must travel south bound on Shiloh Road and continue to the roundabout at Hesper to travel north bound on Shiloh Road. North bound traffic on Shiloh Road has a left turn west onto Montana Sapphire Drive and south bound traffic has a right turn west. There are no left turns to exit Montana Sapphire Drive and go directly north on Shiloh Road. A center raised median prevents any U-turns or illegal left turns onto Shiloh Road.

 

The Zoning Commission conducted a public hearing on August 4, 2015, and received the staff recommendation and testimony from the applicant's agent, Toby Liechti of Blueline Engineering. No other testimony was received.

Board member Mike Boyett moved to recommend conditional approval and adoption of the findings of the 3 criteria. The motion was seconded by Board member Dennis Ulvestad. The Zoning Commission voted 5 - 0, in favor of the motion.

Please refer to the Alternatives Analyzed section above.