Special Review 971-1801 Majestic Lane  -This is a special review request to activate the gaming license attached to an existing all-beverage liquor license currently located in the Big Horn Resort on Lot 10A, Block 1 of Broso Valley Park Subdivision, an 11.179 acre parcel of land located in a Controlled Industrial (CI) zone and within the South Shiloh Corridor Overlay district, at 1801 Majestic Lane. No waiver of the 600-foot separation distance from a church, school or public park is required. The license will be located in a 1,369 square foot existing tenant space within the 76,868 square foot building. Presented by Karen Husman, Planner I
 

The Planning Division recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 971.
 
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:                                CB Industries, LLC
AGENT:                                  Carol Brosovich
LEGAL DESCRIPTION:           Broso Valley Park Sub., Block 1, Lot 10A
ADDRESS:                            1801 Majestic Lane
CURRENT ZONING:               CI, Shiloh Overlay District
EXISTING LAND USE:            Big Horn Resort
PROPOSED USE:                 All Beverage with Gaming  
SIZE OF PARCEL:                1,396 Square Feet Vacant Tenant Space

There are no concurrent applications.

Subject Property
None
 

SUBJECT PROPERTY	Special Review	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
3042 King Ave W.	City SR 757	May 24, 2004	Beer & Wine with gaming	Yes	Johnny Carinos
3429 Transtech	City SR 772	November 22, 2004	All bev. with gaming	Yes	The Windmill
1251 S. 32nd	City SR 788	June 27, 2005	Beer & Wine with gaming	Yes	Doc & Eddys’s
4121 Kari Lane	City SR 823	July 24, 2006	Beer & Wine with gaming	Yes	Hollywood Casino
3398 Broso Park Dr.	City SR 828	September 25, 2006	Add Gaming to existing all bev.	Yes	Rib & Chop House

NORTH:	Zoning: Controlled Industrial (CI) Land Use: Restaurant
SOUTH:	Zoning: Controlled Industrial (CI) Land Use: Railroad ROW
EAST:	Zoning: Controlled Industrial (CI) Land Use: Vacant
WEST:	Zoning: Controlled Industrial (CI) Land Use: Vacant

This is a special review request to activate the gaming license for an existing all-beverage liquor license currently located in the Big Horn Resort, in a Controlled Industrial (CI) zone and within the South Shiloh Corridor Overlay district, at 1801 Majestic Lane. No waiver of the 600-foot separation distance from a church, school or public park is required. The license will be located in a 1,369 square foot tenant space within the 76,868 square foot building.
 
This property is surrounded by a mix of undeveloped property and new commercial uses. The Wingate Hotel is under construction to the east and new developments exist to the south, west and north. The Controlled Industrial district is meant to allow a variety of commercial and industrial uses. There are no schools, churches, or play grounds with equipment within 600 feet of the proposed location.
 
The Planning Division has reviewed this application and is recommending conditional approval. This appears to be an appropriate use considering the location of the property, the type of facility proposed, the character of the surrounding properties, and the existing uses in the building and area.
 
Planning staff is recommending conditions for this special review based on the approval criteria for special review uses. This property is adjacent to Interstate-90 and Zoo Drive and will be developed as a major commercial area at this entryway into Billings. Planning staff has provided recommended conditions of approval in the Recommendation section below to address the compatibility and the aesthetics of the property. 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 for setbacks, building height, clear vision areas and lot coverage.
 
The application meets criteria from the second requirement as it is consistent with some of the objectives of the Growth Policy:
 
Essential Investments:

• 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 be located in an already developed commercial park and will have little negative impact on any
      surrounding residential neighborhoods. There are many other established commercial businesses that operate in the area along with one
      other gaming/liquor establishment already placed in the adjacent Rib & Chop House.

• 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 expand and create new 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.
 
RECOMMENDATION
The Planning Division recommends conditional approval.

1.  The special review approval is limited to Big Horn Resort on Lot 10A, Block 1 of Broso Valley Park Subdivision.  The special review approval is for activation of the gaming license already attached to an all-beverage liquor license currently at this location. The approval is limited to the 1,396 square foot tenant space requested. No other use is intended or implied by this approval.
2. Any re-modeling of the tenant space shall require compliance with all Building Division and Engineering Division regulations and codes that apply. 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 7am or after 8pm 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 or zoning compliance permit level. This application is for a Special Review as noted above and no other request is being considered with this application. 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 971.