City Special Review 958 – 54^th St West and Grand Avenue – A special review request to allow the location of an all-beverage liquor license with gaming in a Community Commercial (CC) zone in a 5,000 square foot portion of a proposed new multi-tenant building on Lot 2, Block 1, MK Subdivision, a 2.113 acre parcel of land. Presented by Nicole Cromwell, Zoning Coordinator

The Planning Division recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 958.

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; rather, 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.
 

OWNER: Karls Property LLC
AGENT: Roger Beeter; Richard Wrobel; Terra Pierce
LEGAL DESCRIPTION: Lot 2, Block 1 MK Subdivision
ADDRESS: none assigned
CURRENT ZONING: Community Commercial (CC)
EXISTING LAND USE: Vacant commercial land
PROPOSED USE: Multi-tenant building with a maximum of 5,000 square feet for an all-beverage license with gaming (The Den)
SIZE OF PARCEL: 2.113 acres

None.

Subject Property
In 2007, the subject property and all of the lots in MK Subdivision were submitted for annexation, a minor subdivision and a zone change from Agriculture Open-space (A-1) to CC and Neighborhood Commercial (NC) zoning. Originally, only Lot 1 (east of the subject property) was zoned CC. In 2014, the owners of Lot 2 submitted a request to re-zone from NC to CC so additional uses could be allowed such as on-premise alcohol service, personal storage warehousing, auto sales and similar more intense commercial uses.

Surrounding Property
In 2005, the Bishop Fox Subdivision east across 54th St West was annexed, subdivided and a zone change approved for CC zoning for an 8.2-acre parcel at the intersection. A recent Special Review was granted for a drive-through pharmacy service at the proposed Albertson's grocery store on this CC parcel. In addition, a 1-acre parcel was zoned Public (P) so Fire Station #7 could be developed. Property to the north, Cottonwood Grove Subdivision, was annexed, subdivided and zoning of R-70 was approved in 2004. Vintage Estates, directly south across Grand Avenue, was annexed in 2005 and assigned the "default" zoning of R-96. In 2014, Daybreak Subdivision, south and west across Grand Avenue was annexed and zoned R-60 in 2014.
 

NORTH:	Zoning: NC Land Use: Vacant commercial land
SOUTH:	Zoning: A-1, R-96 & R-60 Land Use: Agricultural land, single family residences
EAST:	Zoning: CC Land Use: Vacant commercial land
WEST:	Zoning: NC Land Use: Vacant commercial land

This is a special review request to locate an all-beverage liquor license in a proposed 5,000 square foot tenant space in a new multi-tenant building just west of the intersection of 54th St West and Grand Avenue on Lot 2, Block 1 of MK Subdivision. The property does not have an assigned address at this time, but will have its primary access off an internal street named Chy Way. This intersection was recently improved to include a traffic signal and safer pedestrian facilities. The project was completed this year in time for the opening of the new Ben Steele Middle School at 56th St West and Grand Avenue. While the school is close by, it is not within 600 feet of the subject property. The Vineyard Church, also located at the intersection 56th St West and Grand Avenue, is also more than 600 feet from the subject property. 

Earlier this year the City approved the location of a new drive-through pharmacy for the proposed Albertson's grocery store on the east side of the intersection of 54th St W and Grand Avenue. In 2016, the City approved the location of a new LDS church and stake house on the west side of 54th St West north of this intersection. Mont Vista, a new residential subdivision is building out on the east side of 54th St West near the LDS stake house. Grand Peaks neighborhood east of 54th St West and Daybreak neighborhood south of Grand Avenue are also building out. Vintage Estates, is about one-half complete. The demand for everyday neighborhood services such as coffee shops, small restaurants, day care, convenience shopping, pharmacies and similar services is growing. The West Billings Neighborhood Plan anticipated the need for these services and mapped where these should be located - primarily at the intersections of arterial streets. The zone changes and special review uses approved in this area were all completed in conformance with the adopted West Billings Plan.

Grand Avenue and 54th St West are both arterial streets and carry many traffic trips every day. Grand Avenue will see significant increases in future traffic counts due to the opening of the new middle school. Existing traffic on Grand is about 11,000 vehicle trips per day. The latest traffic count number available for 54th St W is in 2013 when about 2,300 vehicle trips were counted. It is likely a much higher trip count now due to the addition of new homes in Mont Vista, the completion of new phases in the Grand Peaks neighborhood and the opening of the new LDS stake house.

The applicants are proposing to move their existing all beverage license and business from its current location at 1595 Grand Avenue. The Den has existed at the West Park Plaza for 5 decades. In 1986, the Den received its first special review approval at this location because remodeling work required the business to move to a new location in the plaza. Prior to 1986, the Den was in operation at this location, but no special review approval was required. The City requires a special review any time an existing or new on-premise liquor license is re-located within the city limits. The City does not control the number of on-premise liquor license that may be issued by the state. The City can specify appropriate zoning districts, separation requirements and provide for conditions of approval to mitigate any potential negative effects of the location on an on-premise liquor license.

The Planning staff is recommending conditional approval of this request. 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.

This application conforms to the first criteria in so far that the zoning regulations adopted by the City Council have designated that any on-premise liquor license in a CC zone may apply for a special review. The proposed site plan meets all the requirements of the zoning regulations for setbacks, building height, clear vision areas and lot coverage. The landscaping plan is not yet complete and compliance with the landscaping requirements will be assured at the time of the building permit review. At least 10 canopy or evergreen trees will be required for the proposed number of parking spaces and landscape islands may be required to break up the long rows of parking spaces shown on the site plan. The proposed location of the solid waste enclosure may also need to be adjusted based on the Solid Waste Division's maneuvering requirements. Any solid waste collection area will be fully screened from public view including closing gates.

The application meets criteria from the second requirement as it is consistent with some of the objectives of the 2016 Growth Policy:
Essential Investments:

• Infill development and development near existing City infrastructure may be the most cost effective.

The development of a vacant parcel in this growing neighborhood in Billings West End will be a cost effective project where City infrastructure and some services already exist.

Strong Neighborhoods:

• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction.

This development will the first neighborhood services within walking distance (1/2 mile) for 6 established residential neighborhoods and within short driving distance (3 miles) of many more West End neighborhoods. The proposed Den location will be only 1 of the tenants in this new building. Complimentary businesses include a small restaurant with a potential drive through service window, small retailers and service providers.

Prosperity:

• Successful businesses that provide local jobs benefit the community.Retaining and supporting existing businesses helps sustain a healthy economy.

This development will allow an existing Billings business to continue to grow and provide local jobs. This development will help support and sustain the tax base for Billings.

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 good access to transportation choices, schools and open space. The area is currently lacking any essential everyday services for residents such as restaurants, coffee shops, retail shopping, groceries, convenience shopping and services. There are minimal impacts from the proposed use that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties.

PROPOSED CONDITIONS:

1. The special review approval is limited to 1 tenant space not to exceed 5,000 square feet in a proposed new multi-tenant building on Lot 2, Block 1, of MK Subdivision. The special review approval is for an all beverage license with gaming within the 5,000 square foot tenant space. No other use is intended or implied by this approval.
2. The development and placement of the building, paved parking lot, landscaping, access and general site layout will be in general conformance with the submitted plans dated September 29, 2017. Compliance with Engineering Division requirements for off-street parking lots and solid waste storage will be required. Compliance with other commercial site development standards such as landscaping, storm water management, and building codes will be reviewed at the time of building permit submittal.
3. There will be no construction activity before 7 am or after 8 pm daily.
4. The parking lot and any outdoor seating space will not be used for live, amplified entertainment or music at any time whether on a permanent or temporary basis.
5. Parking lot lighting shall consist of fully-shielded lights so no part of the lens or light projects below the shielding. The maximum height of any pole standard is 20 feet.
6. No fascia of the building may have internal illumination. 
7. 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.
8. 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.

 

Staff recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 958.