This is a special review request to add 2 outdoor patios and 4,000 square feet of floor area to an existing restaurant and casino in an Entryway General Commercial (EGC) zone, on Lot 1A, Block 1, Geyser Park Subdivision, a 3.125 acre parcel of land. The Zoning Commission conducted a hearing on April 5, 2016, and is forwarding a recommendation of conditional approval.

Special Review applications are reviewed using criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not change the zoning of a property. They are tied to specific uses that are permitted in a give zoning district but are subject to a review by the City prior to the use being allowed. Special Review requests, unlike Zone Changes, may be conditioned to mitigate potential impacts from the use on the subject property or surrounding properties.

 

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 has reviewed the application and the three criteria for special reviews and is recommending conditional approval. The Zoning Commission concurred with this recommendation and findings. 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 proposal is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts.

The proposed addition of the outdoor patios for the restaurant and casino meet all the requirements of the zoning regulations and the proposed building addition also meets these regulations. The location is in one of the zoning districts that allows an all beverage license with gaming by special review approval. An on-site liquor store is not a special review use per se, but a condition of the previous special review limited the expansion of the building to no more than 1,200 square feet without an additional review. The application meets the objectives and purposes of the zoning regulations and is consistent with the 2008 Growth Policy. The Zoning Commission is recommending several conditions of approval to mitigate the likely impacts of the addition and the outdoor patios on this property. Outdoor patios have been used in other locations for staging outdoor concerts and events so it is reasonable to limit these uses in close proximity to the hotels in the area. The liquor store is an allowed use so mitigation of this addition will be limited to the appearance of the building addition and access to the new building.
The Zoning Commission proposes the following conditions of approval:

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 addition of 2 outdoor patios; 1 at 1,300 square feet and 1 at 1,500 square feet; and for the addition of 4,000 square feet to the existing 12,000 building where an all beverage license with gaming is currently located. No other use is intended or implied.
3. Any expansion of the outdoor patios greater than 280 square feet or a building addition greater than 1,600 square feet will require 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. Entryway lighting shall be recessed lighting so no part of the lens or fixture projects below the entrance canopy.
5. The outdoor patios are allowed to have background music when the patios are open for use by patrons. Background music may be amplified or non-amplified but should not be audible more than 25 feet from the outside of the patio.
6. Each patio shall have a surrounding fence at 42 inches in height and an exit gate to a sidewalk or adjacent paved area. No entry through the exit gate is allowed and each patio may only be accessed through the building or entry vestibule.
7. There shall be no outdoor announcement system whether permanent or temporary on any part of the property.
8. No outdoor area shall be used for any event where amplified sound systems are in use.
9. The owner will provide bicycle parking for up to 6 bicycles on the west side of the building and for up to 4 bicycles on the north side of the building addition to the east. The racks selected and spacing required shall be as recommended by the City of Billings Bicycle Parking Guidelines.
10. The 4,000 square foot addition to the building shall be complementary in color and design to the existing and remodeled building.
11. 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.
12. 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.
13. 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 special review is approved, additional building permit fees will required to add the building and patios to the site. The property tax base will increase based on the additional value to the property.

The property received a special review approval in 1995 (SR 557) for the outdoor go-cart track and bumper boats for Geyser Park. In 2015, the property was sold and a special review was approved (SR 934) to allow the location of an all beverage license in the existing building for the re-location of the Bayou Restaurant from Parkway Lane.

This is a special review request to allow the expansion of an existing building and add 2 outdoor patios where an all beverage license is to be located. The outdoor patios will serve the restaurant area (a 1,300 square foot non-smoking patio) and the casino (a 1,500 square foot smoking allowed patio). The additional building area of 4,000 square feet is intended for a liquor store.

The City has approved three locations for alcoholic beverage sales on Southgate Drive, and one included gaming. This area of Billings has quite a few hotels and a destination store for outdoor enthusiasts. 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 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. The addition of the outdoor patios will allow outdoor dining for the restaurant and outdoor seating for the casino patrons on a seasonal basis.
 

The Zoning Commission conducted a public hearing on April 5, 2016, and received the staff recommendation and testimony from the applicant's agents, Barbara Hawkins and Shawn Johnson. No other testimony was received.

Barbara Hawkins stated the reason for the special review was to add the outdoor patios primarily and the liquor and convenience store floor area. She stated when the special review was submitted last fall, not all of the marketing and design was completed for the new location. She stated as demolition and remodeling has proceeded, additional markets have been identified in this area of town. Mr. Johnson, owner of the Bayou on Parkway Lane, and the proprietor of this proposed new location, stated adding the liquor store and convenience store will be filling a vacant market in this area of Billings, both for residents and the traveling public. He stated the need for 2 separate patios - one for non-smoking and one where smoking is allowed - will accommodate the diversity of patrons of the restaurant and lounge. In response to a question from the Commission, Mr. Johnson stated he was aware of the proximity of the Indian Reservation and all his employees are well trained in alcohol sales and on-premise service. He stated it is his intent to be a great addition to this area of Billings and will be a good neighbor to all the surrounding businesses.

Commission member Dennis Ulvestad moved to recommend conditional approval and adoption of the findings of the 3 criteria and this was seconded by Mike Boyett. The Commission voted unanimously in favor of the motion.

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