b.
City Zoning Commission
- Meeting Date:
- 01/05/2021
- SUBJECT
- Special Review 989 - 3189 King Avenue West - All Beverage with Gaming
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Karen Husman
Information
REQUEST
Special Review 989 – 3189 King Ave. W. A special review request to allow an all beverage liquor license with gaming for a 2,500 square foot tenant space within a 7,913 multi-tenant building, and to allow an outdoor seating area, in a Community Commercial (CC) zone, on Block 17A, Lot 2, Lampman Sub., a 39,907 square foot parcel of land. Tax ID: C07979. Presented by Karen Husman, Planner I
RECOMMENDATION
Planning staff is recommending conditional approval of the special review request. The recommendation is based on the findings of the review criteria presented in the Summary section of this report.
APPLICATION DATA
OWNERS: DAJ Enterprises, LLC
AGENT: Josh Benson
PURPOSE: To allow all beverage with gaming
LEGAL DESCRIPTION: Block 17A, Lot 2, Lampman Sub
ADDRESS: 3189 King Ave W
EXISTING LAND USE: Commercial restaurant
PROPOSED LAND USE: Restaurant with all beverage liquor sales and gaming
EXISTING ZONING: CC
AGENT: Josh Benson
PURPOSE: To allow all beverage with gaming
LEGAL DESCRIPTION: Block 17A, Lot 2, Lampman Sub
ADDRESS: 3189 King Ave W
EXISTING LAND USE: Commercial restaurant
PROPOSED LAND USE: Restaurant with all beverage liquor sales and gaming
EXISTING ZONING: CC
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | SPECIAL REVIEW # | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| 3189 King Ave W | 986 | 10/2020 | Beer/wine | Y | With gaming |
| SURROUNDING PROPERTY | Special Review # | DATE | FOR | APPROVED (Y/N) |
ADDITIONAL DATA |
| 3141 King Av. W | 435 | 6/10/92 | All Bev. | Y | |
| 3121 King Av. W | 527 | 6/6/94 | Beer/Wine | Y | |
| 3032 King Av. W | 757 | 5/24/04 | Beer/Wine | Y | Johnny Carino’s |
| 3042 King Av. W | 954 | 4/24/17 | All Bev. | Y | Restricted Gaming |
| 1251 King Av. W | 868 | 10/27/08 | All Bev. | Y | |
| 1251 S 32nd st | 788 | 6/27/05 | Beer/Wine | Y | |
| 3150 King Av. W | 784 | 6/27/05 | All Bev. | Y |
SURROUNDING LAND USE & ZONING
NORTH: Zoning: R-60
Land Use: Residential Single family & Residential Two-family
SOUTH: Zoning: CI
Land Use: Gas Station, Casino, Pawn Shop, Tire Store
EAST: Zoning: CC
Land Use: Western Empire Emporium
WEST: Zoning: PD
Land Use: Multi-tenant retail and office space
Land Use: Residential Single family & Residential Two-family
SOUTH: Zoning: CI
Land Use: Gas Station, Casino, Pawn Shop, Tire Store
EAST: Zoning: CC
Land Use: Western Empire Emporium
WEST: Zoning: PD
Land Use: Multi-tenant retail and office space
BACKGROUND
A special review request to allow an all beverage license with gaming for a 2,500 square foot tenant space within a 7,913 multi-tenant building, in a Community Commercial (CC) zone. The applicant is planning to partner with the Pie Guys Pizza, allowing the expansion of their business to allow sit down dining. They anticipate the placement of the license will be consistent with the neighborhood characteristics. The applicant was granted approval of a beer and wine license with gaming by the City Council on October 26, 2020, and have since acquired an all beverage license. Additionally, they would like approval for an outdoor patio, to allow a few additional seating options with the restrictions of Covid 19 social distancing requirements.
Warden's Casinos, the prospective tenant and business partner of Pie Guys Pizza, are proactive in neighborhood involvement and local organizations. They are currently involved and communicating with the Billings Heights Business Association. They are members of the Billings Heights Business Association, and are actively seeking to improve the safety and aesthetics of the their businesses. Expanding the established pizzeria would add approximately 10 to 20 full time positions, adding jobs to the local economy.
The Council has expressed concern with the number of alcohol and gaming locations within the city and how to better regulate these uses to protect neighborhoods, and improve the community character along its commercial corridors. Project ReCode has proposed major changes to how these uses will be regulated including adoption of casino, bar and restaurant definitions, making separation distances non-waivable, changing how those separations are measured, and allowing some alcohol service businesses without special review approval. If this special review is approved and the Project ReCode changes are adopted by the City Council, this location would become legally nonconforming to the required separation from a residential zone for a casino use (350 foot minimum separation with 10 or more gaming machines). If the number of gaming machines is 9 or fewer, then a separation distance of 350 feet is not required from a residential zone.
Warden's Casinos, the prospective tenant and business partner of Pie Guys Pizza, are proactive in neighborhood involvement and local organizations. They are currently involved and communicating with the Billings Heights Business Association. They are members of the Billings Heights Business Association, and are actively seeking to improve the safety and aesthetics of the their businesses. Expanding the established pizzeria would add approximately 10 to 20 full time positions, adding jobs to the local economy.
The Council has expressed concern with the number of alcohol and gaming locations within the city and how to better regulate these uses to protect neighborhoods, and improve the community character along its commercial corridors. Project ReCode has proposed major changes to how these uses will be regulated including adoption of casino, bar and restaurant definitions, making separation distances non-waivable, changing how those separations are measured, and allowing some alcohol service businesses without special review approval. If this special review is approved and the Project ReCode changes are adopted by the City Council, this location would become legally nonconforming to the required separation from a residential zone for a casino use (350 foot minimum separation with 10 or more gaming machines). If the number of gaming machines is 9 or fewer, then a separation distance of 350 feet is not required from a residential zone.
SUMMARY
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 2016 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 has designated all CC zones can have a liquor license with gaming as long as they go through the special review process. The proposed location and site development complies with the zoning requirements.
The application does meet the second criteria, as it is consistent with some of the objectives of the 2016 Growth Policy:
Strong Neighborhoods:
• Neighborhoods that are safe and attractive and provide essential services are much desired.
Neighborhoods sharing a boundary with intense commercial uses can experience conditions detrimental to the quiet enjoyment of the area. The existing buffer between this property and the residential multifamily development to the north ensures the potential negative impacts are mitigated.
Prosperity:
• Successful businesses that provide local jobs benefit the community. Retaining and supporting existing businesses helps sustain a healthy economy.
The proposed expansion would support a local and successful business and help retain this business in Billings. The COVID-19, guidelines for bars, restaurants and casinos requires more indoor space. Allowing this expansion will improve the sustainability of this business at this location. Adding outdoor seating will allow more options and spacious accommodations.
The third criteria for special review is whether the proposed use is screened and separated for the adjacent uses to minimize adverse impacts:
• The site has sufficient landscaping and buffering for the adjacent residential area. The proposed site is the southern most unit in a multi unit commercial strip, allowing structural as well as landscape buffering to the northern multi unit residential development.
PROPOSED CONDITIONS
1. The special review approval is for an all beverage license and gambling into 2,500 square foot commercial unit in the existing building, and addition of an outdoor patio, located at 3189 King Avenue West, Block 17, Lot 2, Lampman Subdivision, a 39,907 square foot parcel of land. No other use is intended or implied.
2. No outdoor music or outdoor public announcement systems will be allowed with this application.
3. Any new lighting on the building or within the parking lot shall have full cut-off shields so light is directed to the ground and not onto adjacent property.
4. Lighting of signs shall be as allowed within the City Sign Code in place at the time of sign permit application.
5. The applicant will comply with all other city codes including building, engineering and fire codes that may apply to the proposed expansion and use of the building and outdoor seating.
6. All other limitations on expansion shall apply in accordance with the Zoning Code restrictions of the Billings Montana City Code.
**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 level. This application is for a Special Review as noted above and no other request is being considered with this application. The Planning Division points out that 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.
This application conforms to the first criteria in so far that the zoning regulations adopted by the City Council has designated all CC zones can have a liquor license with gaming as long as they go through the special review process. The proposed location and site development complies with the zoning requirements.
The application does meet the second criteria, as it is consistent with some of the objectives of the 2016 Growth Policy:
Strong Neighborhoods:
• Neighborhoods that are safe and attractive and provide essential services are much desired.
Neighborhoods sharing a boundary with intense commercial uses can experience conditions detrimental to the quiet enjoyment of the area. The existing buffer between this property and the residential multifamily development to the north ensures the potential negative impacts are mitigated.
Prosperity:
• Successful businesses that provide local jobs benefit the community. Retaining and supporting existing businesses helps sustain a healthy economy.
The proposed expansion would support a local and successful business and help retain this business in Billings. The COVID-19, guidelines for bars, restaurants and casinos requires more indoor space. Allowing this expansion will improve the sustainability of this business at this location. Adding outdoor seating will allow more options and spacious accommodations.
The third criteria for special review is whether the proposed use is screened and separated for the adjacent uses to minimize adverse impacts:
• The site has sufficient landscaping and buffering for the adjacent residential area. The proposed site is the southern most unit in a multi unit commercial strip, allowing structural as well as landscape buffering to the northern multi unit residential development.
PROPOSED CONDITIONS
1. The special review approval is for an all beverage license and gambling into 2,500 square foot commercial unit in the existing building, and addition of an outdoor patio, located at 3189 King Avenue West, Block 17, Lot 2, Lampman Subdivision, a 39,907 square foot parcel of land. No other use is intended or implied.
2. No outdoor music or outdoor public announcement systems will be allowed with this application.
3. Any new lighting on the building or within the parking lot shall have full cut-off shields so light is directed to the ground and not onto adjacent property.
4. Lighting of signs shall be as allowed within the City Sign Code in place at the time of sign permit application.
5. The applicant will comply with all other city codes including building, engineering and fire codes that may apply to the proposed expansion and use of the building and outdoor seating.
6. All other limitations on expansion shall apply in accordance with the Zoning Code restrictions of the Billings Montana City Code.
**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 level. This application is for a Special Review as noted above and no other request is being considered with this application. The Planning Division points out that 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.
RECOMMENDATION
Planning staff is recommending conditional approval of the special review request.