Return Item - City Special Review 954 – 3042 King Avenue West – All Beverage License gaming restricted – A special review request to locate an all-beverage liquor license (gaming restricted) in an existing 6,509 square foot building – Johnny Carino’s – on Lot 3A-1 of Studer Acreage Tracts Subdivision, in a Controlled Industrial (CI) zone, on a 1.17 acre parcel of land generally located at 3042 King Avenue West. Tax ID: C14763 Presented by Nicole Cromwell, Zoning Coordinator

Planning Staff recommends conditional approval and adoption of the findings of the 3 criteria.

OWNER: Billings Properties, LLC
AGENT: Bob Pulley
LEGAL DESCRIPTION: Lot 3A-1, Studer Acreage Tracts Amended
ADDRESS: 3042 King Avenue West
CURRENT ZONING: CI
EXISTING LAND USE: Johnny Carino's Restaurant with beer & wine service with gaming
PROPOSED USE: New Mexican Restaurant with All-Beverage service without gaming
SIZE OF PARCEL: 1.17 acres - 6,509 square foot building

None.

Subject Property - The property was annexed to the City in November 1989 and a special review (SR #757) for beer and wine service with gaming was conditionally approved in May 2004.

Surrounding Property - Several surrounding properties have been granted special reviews for on-premise alcohol service. The first was the Western Emporium at 3141 King Ave West in June 1991. Subsequent approvals were granted for Doc & Eddy's at 1251 S 32nd St West in 2005 and 2008. Town Pump at 3150 King Ave West was granted a special review for all beverage service with gaming in June 2005.

NORTH:	Zoning: CC Land Use: Western Executive Inn and Western Emporium
SOUTH:	Zoning: CI Land Use: Lexington Inn and Suites
EAST:	Zoning: CI Land Use: Denny Menholt - auto sales and parking
WEST:	Zoning: CI Land Use: Lisac's Tire

This is a special review request to locate an all beverage service without gaming in an existing restaurant building (formerly Johnny Carino's) located at 3042 King Avenue West. A previous special review was granted for a beer and wine service with gaming for the now closed Johnny Carino's restaurant. Johnny Carino's closed in December 2016. The proposed license is for a proposed Mexican restaurant in the same building. Interior remodeling will occur but there are no plans at this time to expand the building foot print or add a patio lounge area.

There are 3 other locations within the immediate area that have received approvals for liquor licenses with gaming attached and 1 location for a beer and wine service without gaming. Normally, an all beverage license always has gaming attached. When an all beverage license is "floated" into an area - example, from Butte to Billings or Helena to Billings - the gaming is removed from the license as required by state law. Gaming cannot be attached to this license now or in the future.

King Avenue West is a 5-lane principal arterial street with average daily traffic over 17,000 vehicle trips per day. There are traffic control signals at S 30th St West and S 32nd St West. Access to the property for west bound traffic is allowed at a median break with a dedicated left turn bay. This also provides access to Lexington Inn & Suites south of the subject property. For east bound traffic there are 2 drive approaches available. South 32nd St West is also a multi-lane principal arterial street that handles over 16,000 vehicle trips per day.

Planning staff has reviewed the proposed location and is recommending conditional approval and adoption of the findings of the 3 criteria. 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 2016 Growth Policy, and 3) the application is compatible with surrounding land uses and is otherwise screened and separated from adjacent land to minimize adverse impacts.

The application conforms to the first criteria in so far it complies with the zoning regulations an allowed use in the CI zoning district and the site is developed for the proposed use. The application complies with the second criteria and is supported by some of the goals and guidelines of the 2016 Growth Policy.

• Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.

The proposed special review will support a new businesses, provide employment opportunities at this location, and benefit the community with needed local services.

The application also meets the third criteria in that it is compatible with surrounding land uses in the area. This site is in a developing area of Billings, with mainly commercial, retail and service businesses for the regional market. The site has a substantial investment in city infrastructure and improvements. The building is less than 15 years old and has a long service life. A new restaurant at this location will be convenient for guests in the nearby hotels as well as the Billings community. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.

The Planning staff recommends conditional approval.

PROPOSED CONDITIONS
1. The special review approval is for the location of an all beverage license without gaming on Lot 3A-1 of Studer Acreage Tracts Subdivision Amended generally located at 3024 King Avenue West. No other use is intended or implied.
2. Any expansion of the gross floor area of the building or required parking greater than 10% will require an additional special review
approval.
3. The addition of an outdoor patio lounge 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.
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.

**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.

Zoning Commission Action
The City Zoning Commission shall make a recommendation to the City Council to:
1. Deny the application for a special review use.
2. Grant the application for a special review use.
3. Conditionally grant the application for a special review use.
4. Delay action on the application for a period not to exceed thirty (30) days.
5. Give reasons for the recommendation.

Before recommending approval of a special review use, the Zoning Commission shall find that the contemplated use:
1. Complies with all requirements of this Article (27-1500);
2. Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan;
3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.

Further the Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following:
1. Street and road capacity;
2. Ingress and egress to adjoining streets;
3. Off-street parking;
4. Fencing, screening and landscaping;
5. Building bulk and location;
6. Usable open space;
7. Signs and lighting; and/or
8. Noise, vibration, air pollution and similar environmental influences.