City Zone Change 971 – Hawk Creek Avenue and Chy Way - Planned Development (PD) - A zone change request from Neighborhood Commercial (NC) to Planned Development with underlying NC, to allow 1 microbrewery license and 1 restaurant beer & wine license (no gaming) on Lot 4, Block 1 of MK Subdivision, a 3.6 acre parcel of land. A pre-application neighborhood meeting was held on August 27, 2018, at Grace Montessori School. A Preliminary Review meeting was held on September 26, 2018. Presented by Nicole Cromwell, Zoning Coordinator

Planning Staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 971.

OWNER: MYK Enterprises, LLC (Patricia Kramer)
AGENT: Scott Aspenlieder, P.E. Performance Engineering
LEGAL DESCRIPTION: Lot 4, Block 1, MK Subdivision
ADDRESS: None
CURRENT ZONING: Neighborhood Commercial (NC)
EXISTING LAND USE: Vacant
PROPOSED USE: New microbrewery and restaurant
SIZE OF PARCEL: 3.6 acres

None.

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
Hawk Creek Ave	City ZC 798	March 12, 2007	A-1 to NC & CC	Y	Lot 1 = CC Lots 2-5 = NC
SURROUNDING PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
1411 Chy Way	City ZC 925	Oct 14, 2014	NC to CC	Y	New restaurant/bar/casino
62nd St W & Rimrock Rd – SW corner	County ZC 667	Dec 29, 2015	R-96 to CC	Y	Annexed to City August 2016
Grand & 54th – NE corner	City ZC 756	May 9, 2005	A-1 to CC, R-70, R-96 & Public	Y	Annexed to City July 2005
Grand Peaks Sub	City ZC 794	May 14, 2007	A-S to R-50, R-70, R-96, RMF-R	Y	Annexed to City Dec 2006
Cottonwood Grove Sub	City ZC 734	July 12, 2004	A-1 to R-70	Y	Annexed July 2004
Daybreak Sub	City ZC 920	June 9, 2014	A-1 to R-60	Y	Annexed July 2014
62nd St W and Rimrock Rd – NW corner	City ZC 767	Nov 17, 2005	R-96 to RP, RMF & CC	Y	Annexed Jan 2006 Now Coal Creek Sub
Mont Vista Sub	City ZC 837	June 3, 2008	R-96 to PD	Withdrawn
Mont Vista Sub	City ZC 851	Nov 24, 2008	R-96 to CC, RMF-R, RMF, R-60, R-70,R-70-R, & Public	Withdrawn
Mont Vista Sub	City ZC 851 (revised)	July 13, 2009	PD underlying  R-96, R-70, R-70-R, R-60, RMF-R, RMF & Public	Y
Trails West Sub	City ZC 847	Oct 14, 2008	R-96 to R-60-R	Y	Annexed & zoned R-96 on 2006

NORTH:	Zoning: R-70 Land Use: Single family residences
SOUTH:	Zoning: NC and Community Commercial (CC) Land Use: Vacant and a restaurant/bar under construction
EAST:	Zoning: NC Land Use: vacant
WEST:	Zoning: Agriculture Open-Space (A-1) Land Use: Agricultural production

This is a zone change request to allow the placement of a new microbrewery and restaurant on property currently zoned Neighborhood Commercial (NC). The proposed Planned Development (PD) zone would keep the underlying NC zoning, add the use to allow 1 microbrewery and 1 restaurant beer & wine license, restrict other uses as well as place strict requirements for landscaping, signage, operational requirements and buffering adjacent residences on the future development of the property. The property does not have direct access to an arterial street but is within a commercially zoned subdivision consisting of Community Commercial (CC) zoned lots and NC zoned lots. There is a completed residential subdivision to the north - Cottonwood Grove. It is also currently adjacent to land outside the city limits zoned Agriculture Open-Space (A-1). The adjacent county land is in the same ownership as the subject property.

Microbreweries (manufacturing less than 1,500, 31-gallon barrels per year) are only allowed by right in the Community Commercial (CC), Highway Commercial (HC), Central Business District (CBD), Controlled Industrial (CI), Heavy Industrial (HI), EBURD districts and South 27th Street Corridor zones. Microbreweries manufacturing more than 1,500, 31-gallon barrels per day require special review approval in the CC, HC, CBD and S 27th Street Corridor zones. Microbreweries and other alcoholic beverage makers are regulated by the Montana Department of Revenue Liquor Licensing Division. State law allows microbreweries to have a "tap room" or sample room where patrons may consume up to 48 ounces of the brewer's product during limited serving hours (MCA Title 16, Chapter 3). There are 8 listed craft brewers in Billings and 3 distilleries. Montana is listed 3rd in the nation for number of craft brewers per capita according to the Brewers Association, a U.S. trade group.

Restaurants that offer service of beer and wine are not allowed uses within the NC zoning district. These restaurants are only allowed in the CC, HC, CBD, CI, HI, EBURD Districts and the South 27th St. Corridor zone. These restaurants are also required to maintain a minimum separation of 600 feet (measured property line to property line) from churches, schools and public parks with playing fields or playgrounds. This location is not within 600 feet of any of these uses. Restaurant beer and wine licenses do not have any ability to add video gaming or gambling of any type.

The proposed PD zoning district will retain the underlying NC zoning and intends to allow only 1 (one) microbrewery license and only 1 (one) restaurant beer and wine license on the entire 3.6 acre parcel. The PD zone also proposes to restrict certain uses normally allowed in the NC zone including out-patient veterinary clinics, sand and gravel mining, all other food or beverage makers, pipelines and other utility transmission infrastructure including any wireless antennae, convenience stores or gas stations, auto supply stores, hotels, motels, or campgrounds, laundromats, dry cleaners, funeral homes, public parking lots (as a primary use) and modular built dwellings (Article II of the draft PD). The proposed PD limits the outdoor seating areas for both the microbrewery and the restaurant and dictates that all outdoor activities will cease at 9 pm. The PD proposes to prohibit all electronic message signs, neon signs, balloon signs, roof signs, and strings of pennants or flags. The PD states all signs except for 1 (one) sign must be wall signs placed on buildings. The 1 (one) freestanding sign is allowed for each developed parcel of land.

Site lighting and landscaping are also proposed for strict regulation including limiting all outdoor light standards to 15 feet maximum height and requiring full shields on all outdoor lights except street lighting. The PD dictates a minimum 25-foot wide landscaping buffer be maintained along the entire north property line adjacent ot Cottonwood Grove Subdivision. The landscaping requirements also include the use of 2-inch caliper trees, water saving drip irrigation, and reduced amounts of off-street parking (1 per 200 sf of floor area) to minimize asphalt areas. 

The PD was presented to the surrounding property owners at a pre-application meeting on August 27, 2018. The application was received by the Planning Division in September and a preliminary review meeting with the applicant, the surrounding property owners, and other City staff was held on September 26, 2018. Meeting notes from the pre-application meeting and the public comments received via email and letter are included as attachments. Only city staff and the applicant attended the Preliminary Review meeting on September 26, 2018.

Several surrounding property owners, as well as property owners in the general vicinity, have expressed concerns with the proposed PD. The primary concern appears to focused on the availability of alcohol at this location. Secondary concerns stated were about "bars" in general, gambling (casinos), crime generated by locations that serve alcohol and impaired or drunk drivers. Five of the 21 letters of comment were concerned with additional traffic generation, noise and lighting. Three of the 21 letters were either in support of the proposal or neutral. There were a few concerns about the effect of having a commercial-type land use adjacent to high value homes in lower density suburban neighborhoods. The letters of comment from surrounding owners are included as an attachment.

Traffic on Grand Avenue and 54th Street West is increasing as new city and county subdivisions are constructed in the area. Traffic counts in 2018 on these nearby arterial streets are about 8,700 vehicle trips per day on Grand Avenue and about 3,500 vehicle trips per day on 54th St West. These are low traffic volumes for fully constructed arterial streets, however neither Grand Avenue nor 54th St West are constructed to a full arterial street section. Both roads are partially within the city limits and have large sections that are still within the County's jurisdiction. This makes it difficult for either governing body to make substantial road improvements to handle increasing traffic volumes.

The most recent traffic study completed for the West End was the 2016 West Billings Multi-Modal Planning study to determine where existing traffic flow and safety is deficient and where improvements may be necessary in the future. The intersection of Rimrock Road and 54th Street West was determined to have an existing safety concern with the volume of traffic. This intersection is about 1 mile north of the subject property and a traffic light is now installed at this intersection to improve pedestrian and motorist safety and circulation. Two other nearby intersections at Grand and 48th Street West and Grand and 56th Street West were also identified as deficient and in need of a traffic signal improvement or a roundabout. The study also concluded most of the major streets in West Billings are not conducive to use by pedestrians or bicyclists due to narrow shoulders, no separated pedestrian or bicycle paths, and high travel speeds. The study identified 2 corridor improvement projects to complete the upgrade of Grand Avenue from Shiloh Road through to its intersection with 62nd St West. A short section of Grand Avenue corridor was improved and the traffic signal installation was completed on Grand Avenue at 54th Street West to coincide with the opening of Ben Steele Middle School at 5640 Grand Avenue. The 2016 study analyzed crash data in the area from 2010 through 2015. The study predicted current and future traffic patterns based on steady or aggressive growth and land use patterns. The executive summary of this plan is included as an attachment.

The property can be served by all city utilities and other city services exist in the area including police and fire. The West Billings Neighborhood Plan (2001) anticipated a "community center commercial node" for a proposed 4-way intersection at Grand Avenue and 56th St West. The northern leg of this 4-way intersection was abandoned and the intersection was split between 54th St. West (north of Grand) and 56th St. West (south of Grand). In this new configuration, a community center commercial node is no longer possible. The commercial node here is more oriented to neighborhood level commercial services with some provision on the east side of 54th S.t West for community retail services such as the proposed Albertson's. The proposed PD zone change would introduce 2 uses in the existing NC zone that are not currently allowed but also eliminates currently allowed uses that could have a larger detrimental effect on the neighbors in the Cottonwood Grove Subdivision to the north. The PD also sets minimum standards for landscaping, lighting and signage that are above the "standard" site development requirements for allowed uses in the NC zone.

The Planning staff has reviewed the proposed final draft of the PD zone change and is recommending approval based on the 10 criteria for zone changes. Staff finds the proposed zone change is compatible and conforming to the City's adopted 2016 Growth Policy, including the 2001 West Billings Neighborhood Plan. The proposed limitations in the PD will allow the proposed and potential uses of the property to fit in with the existing and future land uses in the area. 

Limitations imposed in the PD-NC zone include grocery or food retail stores, auto dealers or gas stations, hotels, rooming houses or modular dwellings of any kind. The PD also prohibits gambling, adult entertainment, laundromats or dry cleaners, auto repair or auto supply as well as neon lighting or electronic message center signs. The PD proposes operational restrictions so any outdoor activity at any location on the property must cease by 9 pm, and any outdoor pole lighting is fully shielded. The number of potential patrons on a daily basis to the microbrewery is an unknown at this point in time, however, state law limits how much beer can be sold or given away at any microbrewery
sampling room. This limitation is meant to prevent sampling rooms from becoming a "bar", and would necessarily limit the number of patrons at the sampling room on a daily basis. Brewers may only serve what is produced on site or at an affiliated brewer's facility. Traffic volume to this location is not known due to the developing nature of the subdivision. A traffic impact study was submitted with the original MK Subdivision and would have to be updated based on the proposed uses. The original traffic study was based on the zoning and probable uses allowed within those zoning districts. Some uses "capture" drive by traffic and other uses create more traffic as destination points. The proposed uses will be destination points for calculating traffic and whether any addition traffic control measures are needed. All access to and from Grand Avenue and 54th Street West is already existing. No new access driveways to these 2 arterial streets will be allowed.

Staff recommends approval and adoption of the findings of the 10 criteria for Zone Change 971.