City Special Review 975- 149 Shiloh Road - This is a special  review request to allow the location of a beer and wine license without gaming less than the required 600 feet – measured property line to property line – from a property used for a religious institution. The proposed restaurant space is 4,000 square feet in area within a 15,000 square foot building, on Lot 2, Block 1, Shiloh Commons Sub, a 1.42-acre parcel of land located in Community Commercial (CC) zone. Presented by Karen Husman, Planner I

The Planning Division is recommending conditional approval.

OWNER: Grant Road, LLC
LEGAL DESCRIPTION: Lot 2, Block 1, Shiloh Commons Sub
ADDRESS: 149 Shiloh Rd.
CURRENT ZONING: CC
EXISTING LAND USE: Mixed use
PROPOSED USE: Restaurant serving Beer & Wine    
SIZE OF PARCEL: 1.42 Acres

None

SUBJECT PROPERTY	Special Review	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SIMILAR PROPERTY
C/S 1136	City SR 63	April 23, 1979	Alocholic Beverages	Yes	Dos Machos
C/S 1136	City SR 88	November 24, 1980	Beer and Wine	Yes	CJ’s Restaurant
C/S 1136	City SR 98	June 8, 1981	Alcoholic Beverages	Yes	Sea Galley
C/S 1136	City SR 127	May 24, 1982	Alcoholic Beverages	Yes	CJ’s Ribs
C/S 1136	City SR 480	March 8, 1993	Beer and Wine	Yes	Sidney’s Pizza
C/S 1136	County SR 530	July 27, 1994	All Beverages	Yes	Sidney’s Pizza
C/S 1136	City SR 662	July 26, 1999	Beer and Wine	Yes	Microbrewery
C/S 1136	City SR 669	May 22, 2000	All Beverage	No	2520 Central
C/S 1136	City SR 703	July23, 2001	All Beverage	Yes

NORTH: Zoning: Community Commercial - CC
Land Use: Commercial
SOUTH: Zoning: Community Commercial - CC
Land Use: Commercial Mixed use
EAST: Zoning: Public -P
Land Use: School (MSUB)
WEST: Zoning: Residential 15,000 –R150
Land Use: Residential- Single Family

This is a special review request to allow a Restaurant Beer & Wine License (no gaming).  This application requires a waiver of the 600-foot separation distance between this lot and the lot used for a religious institution to the north. The proposed restaurant space is 4,000 square feet area within a 15,000 square foot building. 
 
BMCC Section 27-612 requires a minimum separation between any property where alcohol is served and any property used for a church  or school, or from a public park that contains a children’s playground or playfield. This code section allows the City Council to grant a waivers if the Council finds the development meets certain criteria and shows that a physical barrier exists between the proposed use and the use requiring the 600 foot separation. This property is approximately 400 feet measured from property line to the Faith Chapel property line to the north. If the separation is measured between structures, the distance is more than 900 feet.  There are structures between the church property that will obstruct the view from the restaurant to the church.  The church building is set more than 400 feet north from the property line.
 
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 CC zoning districts for restaurants with beer and wine licenses that are less than 600 feet from a church property as long as they go through the special review process.  There are requirements for landscaping and screening from residential uses next to commercial uses within the zoning regulations.
 
The application meets criteria from the second requirement, as it is consistent with 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.
 
The proposed special review will be located into an already developed mixed use area and will have little negative impact on any surrounding residential neighborhoods.
 
Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.
 
This business will provide local jobs supporting the community.
 
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 health and wellness businesses. 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.

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 approving 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 Growth Policy;
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.

1. The special review approval is limited to Lot 2, Block 1, Shiloh Commons Sub.  The special review approval is for a beer and wine license with no gaming and a waiver is granted from the required 600-foot separation from a property used for religious purposes.
2. The approval is limited to the proposed restaurant space of 4,000 square feet, within a 15,000 square foot building generally located at 149 Shiloh Road. No other use is intended or implied by this approval.
3. Outdoor seating shall be enclosed with a solid fence or wall with closing gates, and any outdoor announcement system shall be operated so it is not audible beyond property lines.
4. 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.
5. 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.