This is a special review request for an All Beverage Liquor License with Gaming for American Foods of Montana in a 12,000 square foot building  at the former location of the Geyser Park amusement park in an Entryway General Commercial zoning district (EGC), on Lot 1A, Block 1 Geyser Park Subdivision, a 3.215 acre parcel of land.  The Zoning Commission conducted a public hearing on November 3, 2015 and is forwarding a recommendation of conditional approval on a 4-0-1 vote based on the findings of the 3 criteria. Commissioner Hawkins recused herself from the review of the application.

Special Review applications are reviewed using City Code criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not require an ordinance for approval, are not zone changes on property and are tied to specific uses that are allowed in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.
 

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 Zoning Commission reviewed the application and the 3 criteria for special review and is recommending conditional approval. 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 because it 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 location of an additional license in this area should have minimal impact on the surrounding uses or neighbors.  

The application also conforms to the second and third criteria. There will be remodeling to the interior  and exterior of the tenant spaces but no exterior expansion of the building at this time. The proposal is consistent with goals of the 2008 Growth Policy by encouraging compatible uses and avoiding leapfrogging development beyond city services.  Planning staff recommended conditions for this special review based on the approval criteria for special review uses. The Zoning Commission recommends approval with conditions as follows:

1. The special review is limited to Lot 1A, Block 1 Geyser Park Subdivision generally located at 4910 Southgate Drive.
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 1,200 square feet will require an additional special review approval. The addition of an outdoor seating area will require an additional special review approval.
4. All exterior lighting, including security lighting, shall have full cut-off shields so no part of the fixture or lens projects below the cut-off shield. The maximum height of any light pole in the outdoor areas shall be 20 feet above grade. Exceptions to this requirement are allowed for entry doorway lighting.
5. There shall be no outdoor public address system or outside announcement system, whether permanent or temporary, of any kind.
6. No construction or demolition activity will occur before 7 am or after 8 pm daily.
7. Any new parking lot constructed will meet the Entryway zoning requirements for landscaping.  New trees shall not be any of the following species: Carolina poplar, other populus subspecies including any variety of aspens, , lombardy poplar, silver leaf poplar or weeping willow, box elder or elms. All installed trees will be continuously maintained and replaced as necessary by the owner.
8. Any centralized solid waste storage shall be enclosed by a wall on three sides and a closing gate or gates on the fourth side. The wall and gates for the solid waste storage shall be similar or complimentary in color to the adjacent buildings and shall be sight-obscuring. The wall and gates shall be tall enough that no part of the interior dumpster(s) are visible from the outside.
9. 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.
10. 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.

If the requested use is approved, the property will be redeveloped and property taxes and city service fees will increase. If the requested use is denied, the property may not develop at this time and the tax base will not increase.

This is a special review to locate a new restaurant in an existing building, formerly Geyser Family Fun Center. The property is accessible from Southgate Drive which is just off of the South Billings Boulevard exit from Interstate 90. The City has approved three locations for alcoholic beverage sales on Southgate Drive, and one included gaming.  This one is for an all beverage license with gaming and is to be in a restaurant setting.  The applicants state in their letter that this will be a sports bar with a sit down restaurant.  They believe it will be a benefit to the area with all the hotels and also in an area of Billings that doesn’t have many choices for a family sit down restaurant.  Across the street from this location is a Won 800 Casino and El Corral restaurant. Fiddlers Green Sports Bar and Grill is farther to the west on the south side of the street. Other places to eat in the area are all fast food franchise restaurants. 
 
This area of Billings has quite a few hotels and a destination store for outdoorsman. It also is near Amend Park, a large City park facility that hosts statewide and regional soccer events, as well as special events throughout the year. This restaurant use will give travelers and locals another option for a sit down restaurant and it is within walking distance of the nearby hotels. There are no churches, parks with playing fields or playgrounds or schools within 600 feet of this proposed location.

Planning staff did received a phone call from an area Casino owner that was opposed to the new all beverage with gaming license because he felt that there were getting to be too many places that serve alcohol in a concentrated  area.  He also stated that it is a detriment to the area to have so many places for liquor sales so close to Amend Park and Newman School.
 

The Zoning Commission conducted a public hearing on November 3, 2015, and received the staff report and recommendation.  Planning staff explained this special review is for an All Beverage License with Gaming.   There was a brief explanation about the requirements that need to be met regarding  a 600 foot separation between property lines from any building that is predominantly used as a church or school, or from a public park that contains a children’s play area which this proposed location meets. It was also explained that it meets the 3 requirements for a special review.

Zoning Commission Chairman Leonard Dailey called for questions from the members of the Commission. Commissioner Members asked staff to clarify where there are other all beverage licenses in the area and where someone could buy alcohol for off-premise consumption.  Staff referred to a map in the presentation that showed where there are two other places on Southgate Drive to buy and consume alcohol on site, and two places to buy alcohol for off-premises consumption.  Chairman Dailey asked about the letter that was submitted with the application and staff recommended that question be addressed to the applicant or their agent.  
  
Chairman Dailey then asked for presentation by the applicant. The applicant's agent, Dave Hawkins, said the proposed use of the building will be an 8,000 square foot family restaurant with a 4,000 square foot sports bar and casino.  The building will be completely remodeled for these uses with more windows and new entrances on the west side of the building.  The sports bar and casino will be in the south end of the building and the restaurant will be in the northern part of the building.  The two uses will have separate entrances on the west side of the building.  A new parking lot will be constructed on the west side of the building as well.  The outside of the building will be remodeled to be similar in appearance to the Best Western Motel across the street.  Mr Hawkins stated that this is a relocation of an existing All beverage license with gaming from The Bayou Casino and Lounge located off the Laurel Frontage Road.  The owner needs a larger facility for his growing business and also a location that is easier to access.  

Public Hearing:
Chairman Dailey opened the public hearing and called for proponents or opponents of City Special Review #934.
 
The owner of The Bayou Casino and Lounge, Sean Johnson, spoke in favor of the application stating that his business is growing and he needs a new location for that to happen.  He answered a commissioner question about the number of employees for the business, saying he will be creating 70+ jobs with 10 of them in management.   
 
There were two members of the community that spoke in favor of the application and stated they felt it would be a great location and addition to the south side of Billings.  They also hoped it would encourage others to develop in the area. No one opposed the application, although the Zoning Commission did receive two letters of opposition to the proposal. The public hearing was closed.

Commission Member Mike Boyett made a motion to approve Special Review 934 with the conditions. Commission Member Dan Wagner seconded the motion. The Commission approved the Motion on a 4-0-1 vote.  Commissioner Hawkins recused herself from review of this application.
 

 

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