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.

City Council may:

• Approve the request;
• Conditionally approve the request;
• Deny the request;
• Allow the applicant to withdraw the request; or
• Delay action on the request for up to 30 days.

APPLICATION DATA
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

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with the recommendation. 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 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 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 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.

Any site improvements will adjust the taxable value and property tax revenue from the property will increase, however the building is an existing structure so the taxable value may not change drastically.  The City will adjust its zoning and parcel area based annual assessments such as arterial construction, storm water management and street maintenance.

This is a special review request to locate an all-beverage liquor license with gaming, in an existing 1,525 square foot ,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 28,29 trips per day.  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 previous 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 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 an on-premise liquor license.

The Zoning Commission conducted a public hearing on March 6, 2018, and received the staff recommendation and testimony from the Jeff Kanning of Collaborative Design Architects on behalf of the agent Roger Singh. There was no other testimony from the public or surrounding property owners.

The Zoning Commission closed the hearing and a motion was made by Michael Larson to recommend conditional approval and adoption of the findings of the 3 criteria for Special Review 958. The motion was seconded and the Commission voted 4 in favor and none opposed to the motion.
 

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