City Special Review 976 – 3970 Pierce Parkway  - A request to allow a microbrewery manufacturing more than 1,500 31-gallon barrels per year and an All Beverage Liquor license (no gaming) for the proposed location of Meadowlark Brewing. The property is located in an Entryway Light Industrial (ELI) zone and within the Shiloh Corridor Overlay District, on Lot 1A, Block 2, William D Pierce Subdivision, a 2.617-acre parcel of land. Presented by; Karen Husman, Planner I

Planning staff is recommending conditional approval and adoption of the findings of the 3 criteria of Special Review 976.

OWNER: Travis Peterson, Meadowlark Brewing
AGENT: Nik Zuhlsdorf, Morton Buildings
LEGAL DESCRIPTION: Lot 3A, Block 2, William D. Pierce Subdivision
ADDRESS: 3970 Pierce Parkway
CURRENT ZONING: Entryway Light Industrial, S. Shiloh Overlay Dist.
EXISTING LAND USE: Vacant
PROPOSED USE: Meadowlark Brewing microbrewery and restaurant
SIZE OF PARCEL: 2.6170 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
2520 Central	City SR 669	May 22, 2000	All Beverage	No	2520 Central
C/S 1136	City SR 703	July 23, 2001	All Beverage	Yes
3398 Broso Park Dr.	City SR 828	September 25, 2006	Add Gaming to existing all bev.	Yes	Rib & Chop House

NORTH:Zoning: ELI 
Land Use: Vacant
SOUTH:Zoning:ELI
Land Use: Commercial
EAST:Zoning: ELI
Land Use: Commercial (RV Sales)
WEST:Zoning:Public
Land Use: Vacant

This is a special review request  to allow a microbrewery and distillery that will manufacture more than 1,500 31-gallon barrels per year and to locate an all beverage liquor license with no gaming for the proposed location of Meadowlark Brewing.  The all beverage license will be for the restaurant portion of the brewery.  The Shiloh Overlay District will require changes to the submitted rendering of the structure. There must be modifications made to the exterior of the structure facing Shiloh Road to meet the overlay district requirements.  The property is ideal for an infill project and promotes growth within areas that are already developed.
 
The Planning Department 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 all beverage liquor licensed on them 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 commercial park and will have little negative impact on any surrounding residential neighborhoods. This property is a prime location for an infill project.
 
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 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.

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 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.
 

1. The special review approval is limited to Lot 1A, Block 2, William D Pierce Subdivision. The special review approval is for an all beverage liquor license with no gaming and a microbrewery and distillery that will manufacture more than 1,500 31-gallon barrels per year.  The approval is limited to the proposed building generally located at 3970 Pierce Parkway. No other use is intended or implied by this approval.
2. 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.
3. The site will be developed in conformance with all applicable zoning and site development regulations, and substantial conformance to the submitted site plan.
4. No construction shall take place before 7 am or after 8 pm.
5. A building permit must be obtained within one year of approval and construction must be completed within three years.
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.