Special Review 962 - 896 S 29th Street West -This is a special review request to allow the location of an existing All-Beverage Liquor License with Gaming in a Controlled Industrial (CI) zone on Lot 1J of Block 2, Midland Subdivision, 4th Filing, a 1.91 acre parcel of land. Suite E is @1,525 square feet in an existing 22,704 square foot multi-tenant building. Tax ID: A28821. Presented by Monica Plecker, Planning Division Manager
 

The Planning Division recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 962.
 
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: 29th West Retail Partners LLC – Corning Companies
AGENT: Roger Singh
LEGAL DESCRIPTION: Midland Subdivision, 4th Filings, Block 2, Lot 1J
ADDRESS: 896 S 29th Street West
CURRENT ZONING: Controlled Industrial (CI)
EXISTING LAND USE: Mixed Use Commercial, Suite E is vacant
PROPOSED USE: All Beverage with Gaming
SIZE OF PARCEL: 1.19 acres

There are no concurrent applications.

Subject Property
N/A
 
Surrounding Properties
There have been 4 special review applications for All-beverage with Gaming conditionally approved in the Midland Subdivision, 4th filing. SR 864, SR 681, SR 645 and SR 623.  
 

NORTH:	Zoning: Controlled Industrial (CI) Land Use: Retail
SOUTH:	Zoning: Controlled Industrial (CI) Land Use: Retail
EAST:	Zoning: Controlled Industrial (CI) Land Use: Retail
WEST:	Zoning: Controlled Industrial (CI) Land Use: Vacant

This is a special review request to locate an all-beverage liquor license with gaming attached in an existing 1,525 square foot tenant space in a multi-tenant building located at 896 S 29th St West on Lot 1J, Block 2 of Midland Subdivision, 4th filing.
 
South 29th Street West is classified as a collector. According to the 2016 Billings Urbanized Traffic Count Map there are no traffic counts available for S 29th Street West. However, this street connects to King Avenue West and Gabel Road which are both considered principal arterials. The closest traffic count available on King Avenue West is 28,290. 2,320 trips were counted at the nearest location on Gabel Road.
 
The applicants are proposing to move their existing all beverage license and business from its previously existing location at the Railyard Ale House located at 2526 Montana Avenue. The lease on the property was not renewed and Montana law allows the license holder to re-locate the license. 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 licenses 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 Division has reviewed this application 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 Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Zoning Regulations and the 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 CI zone may apply for a special review. The proposed site plan meets all the requirements of the zoning regulations.

The application meets criteria from the second requirement as it is consistent with some of the objectives of the 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 an already established commercial area will be a cost effective project where City infrastructure and some services already exist.

• Strong Neighborhoods and Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired. Infill development and development near existing City infrastructure may be the most cost effective.

The proposed special review will promote redevelopment within an existing building.

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

This development will allow a previously existing business to re-locate and retain 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 an already established area of Billings, with good access to transportation choices. The area provides access to essential everyday services such as restaurants, retail shopping, 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 Suite E, not to exceed 1,525 square feet in the existing multi-tenant building on Lot 1J, Block 2, of Midland Subdivision, 4^th Filing. The special review approval is for an all beverage license with gaming within the 1,525 square foot tenant space. No other use is intended or implied by this approval.
2. The re-modeling of the tenant space shall require compliance with all Building and Engineering codes applicable. This includes requirements for off-street parking lots and solid waste storage. 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 site will be developed in conformance with all applicable zoning and site development regulations.
5. No fascia of the building may have internal illumination.
6. The proposed development shall comply with all other limitations of Section 27-613 of the Zoning Regulations concerning special review uses, and all other City of Billings, regulations and ordinances that apply.
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. 

**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.

The Planning Division recommends conditional approval of SR 962.