This is a special review request to activate the gaming license attached to an 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 tenant space within the 76,868 square foot building. Tax ID: A30687.

Special Review applications are reviewed using BMCC Section 27-1503 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.

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: 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: Vacant
PROPOSED USE: All Beverage with Gaming   
SIZE OF PARCEL: 1,396 Square Feet  

Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria per BMCC 27-1503:
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 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 into 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 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.

There will be little to no financial impact as the commercial space is existing and the building is an existing structure so the taxable value may not change drastically.  

This is a special review request to activate the gaming license to an existing all-beverage liquor license currently located in the Big Horn Resort, 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 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 area.

The Zoning Commission 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. The Zoning Commission's recommended conditions are provided in the Recommendation section below to address the compatibility and the aesthetics of the property. 

The Zoning Commission conducted a public hearing on December 4, 2018, and received the staff recommendation and testimony from Bill Jones on behalf of the applicant. There was no other testimony from the public or surrounding property owners.

The Zoning Commission closed the hearing and a motion was made by Commission Member Mike Boyet to recommend conditional approval and adoption of the findings of the 3 criteria for Special Review 971. The motion was seconded and the Commission voted 5 in favor and none opposed to the motion.
 

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