County Special Review 334 – 2551 (aka 2526) Wise Lane – for All Beverage Liquor license with gaming – A special review request to allow an all beverage liquor license with gaming in a Heavy Commercial (CX) zone for an 8,700 square foot building, on Tract 3, Certificate of Survey 1964, a 2-acre parcel of land.  The purpose it to allow an all beverage liquor license to be located at 2551 Wise Lane, with an updated facility including upgraded petroleum pumps, new gas station with convenience store, and bar/casino. The location meets all required separation distances and no waiver is required. Tax ID: D00900.
Presented by; Karen Husman, Planner I

The Planning Division recommends conditional approval, based on the nine review criteria detailed in the Summary section of this memo.

OWNERS:                                          Josh Starr, COO, Town & Country Supply   
AGENT:                                             Ryan Welsh, KLJ                  
LEGAL DESCRIPTION:                  Tract 3, Certificate of Survey 1964
ADDRESS:                                        2551 Wise Lane
CURRENT ZONING:                       CX
EXISTING LAND USE:                   Gas station with convenience store
PROPOSED LAND USE:                 New gas station with convenience store and bar/casino
SIZE OF PARCEL:                            2 acres

None.

See attachments.

NORTH:        Zoning:            I1
                      Land Use:        Vacant
SOUTH:         Zoning:            CX
                       Land Use:        Furniture store
EAST:             Zoning:            CX
                       Land Use:         Log home builder
WEST:            Zoning:            CX
                       Land Use:        Furniture store

This is a special review request to allow an all beverage liquor license with gaming at an existing location with an updated facility including upgraded petroleum pumps, new gas station with convenience store, and bar/casino. The location meets all required separation distances and no waiver is required. Town & Country Supply Association is proposing to build a Casino along with a new convenience store and gas station at the site of an existing Market Basket store on Wise Lane.  The pre application neighborhood meeting was held via Zoom on Thursday, November 11, 2021 at 5:30 pm.  One member of the public attended the meeting and her concerns were about the traffic at the intersection of South Frontage road and Wise Lane, and the alcoholic beverages served becoming a safety issue with the design of the intersection and the narrow lanes on both intersecting streets.  

The proposed facility with include removing the existing convenience store building and constructing a new larger building located towards the rear of the property.  Development will include new pump stations additional parking and landscaping as well as curb and gutter that will restrict the ingress and egress.  The applicants are proposing improvements that will enhance the property promoting beautification of the site.

DECISION CRITERIA
The zoning commission shall only recommend approval or conditional approval and the County Commission shall only approve or conditionally approve a special review request if:

1. The special review use is consistent with the County’s growth policy and applicable neighborhood plans, if any;
2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
6. Conditions necessary to protect the public health, safety, and general welfare can be established, including but not limited to conditions on:

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided;
8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets; and
9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the County Commission.

Each decision criteria must be given due consideration and a finding is proposed for each one. Planning staff is including a set of recommended conditions of approval based on submitted site plan, applicant letter, and findings of the criteria. A significant change from the previous zoning code is a special review use must not be considered an "allowed" use in the zone district. The proof of compatibility now rests with the applicant instead of the Zoning Commission and County Commissioners to prove non-compatibility.

The applicant proposes the use is compatible by stating it will use existing infrastructure and re-vitalize an existing site that has reached its useful life span.  There is no similar business within a 600 foot radius of the property and is conforming to the new zoning requirements for separation distances.

PROPOSED FINDINGS:
1. The special review use is consistent with the City’s growth policy and applicable neighborhood plans, if any.
Applicant: The proposed special use does align with the County Growth Policy providing needed service to the Wise Lane area. The proposed development is an infill/revitalization project which is specifically identified in the Growth Policy as desirable for the community. The proposed project will renovate an older gas station that will comply with all County regulations for the area.
Staff: There are guidelines in the Growth Policy that include desirable development on an existing property and the plan for this new business will not be out-of-character for this area of Yellowstone County. The site is challenging due to its existing building location. The Growth Policy Guidelines supports the proposed use in some respects. 

Goal: Predictable land use decisions that are consistent with neighborhood character and land use patterns.
Approval of this special review is consistent with neighboring properties. A Traffic Impact Analysis is recommended to accurately gauge the impact of the fueling station, along with a convenience store and the addition of a casino on a designated arterial street. Compliance with the conditions of approval will ensure compatibility with the neighborhood.
 
Goal: New developments that are sensitive to and compatible with the character of existing neighborhoods.
The gas station and convenience store and its expansion are consistent with the surrounding developments and consistent with the zoning.

Planning staff is proposing conditions to clarify enhancements for the street frontage landscaping clear vision areas.  The redevelopment of the property will enhance the aesthetics of the property.

2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
Applicant: The proposed use is compatible with the surrounding zoning, which is all Heavy Commercial (CX). The proposed facility is an allowable use in the existing zoning. Commercial and industrial facilities surround the proposed facility.
Staff: Service stations, bars and casinos do experience crimes mainly of opportunity. The addition of this business to this area may increase these types of crimes at this location. The site is not large and the area has activity happening at all times of the day and night, providing better natural surveillance than a more isolated location. Vehicle access will be from South Frontage Road and Wise Lane. The site has two driveways and both will remain and will be upgraded and improved with the development of the property. The applicant does remove the old building and construct a new larger building toward the rear/south side of the parcel to accommodate the new fueling stations and the addition of the casino. The gas pumps will remain in front of the former convenience store building.  Planning is recommending conditions related to lighting, signage, clear vision and landscape improvements that should improve site safety and appearance and bring the property into compliance with the current regulations.

3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
Applicant: We are proposing to build a new facility just to the west of the existing building to house the current convenience store and deli. This facility will have upgraded petroleum pumps and more access to parking to alleviate the crowding on the existing lot during peak hours. We are also proposing to add a casino in the new facility to make available an option for entertainment in the area that helps customers stay closer to home and support a business locally positioned.
Staff:  The site has adequate parking for the proposed fueling stations and the proposed bar & casino.  There will be significant improvements to the site that will be beneficial for traffic flow safety. The lot size will promote the proposed landscaping plan and traffic flow along with ingress and egress.

4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
Applicant: The new facility will reduce vehicle crowding around the existing roadways by moving the facility further back on the lot and allowing for a change in the driveway approaches from those roadways that will help drivers to enter them with a better view of traffic therefore increasing traffic safety. The entertainment section of the facility again offers the option of a venue closer to the local residents, and an option for more employment opportunities.
Staff: This location been used as a convenience and gas station for many years. This type of development is not out of character for this area and should not diminish or impair property values in the area.

5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
Applicant: The proposed facility and use will not impede the normal improvement of the surrounding properties. This project will upgrade a very old facility that had degraded through time and has downgraded the aesthetics of the area.  It will continue to offer the current amenities that are being offered now while adding new options for residents in the surrounding area and it will offer new job availability.
Staff: Planning staff believes the renovation of this property and upgraded building to allow expansion for a new bar and casino along with the gas station and convenience store with a deli will not impede the normal and orderly development in the area.

6. Conditions necessary to protect the public health, safety, and general welfare can be established.
Staff recommends the following conditions of approval based on the above findings and the applicant's stated intent to bring the property into compliance with current regulations. These conditions will be related to the listed categories above, but may include other issues specific to the use for a bar and casino.

1. This special review approval is for the proposed 8,700 square foot building to allow a bar and casino along with the new station amenities located on Tract 3 of COS 1964, generally located at 2551 (aka 2526) Wise Lane.
2. The site improvements will be as shown on the submitted site plans and architectural drawings as prepared by KLJ and Land Design and attached to these conditions of approval.
3. The site design will be developed in significant conformance to the site plans submitted with this application. The site shall be improved with the landscaping as proposed with the exception of the clear vision areas. All clear vision areas shall be in accordance to the Zoning requirements for visibility at intersections.
4. All landscaping shall be installed and maintained free of debris and trash on a regular basis. Dead plant material will be replaced with like materials as expeditiously as possible.
5. There shall be no internally illuminated fascia on the building.
6. The applicant will submit sign permits for any sign face changes and for any new signage on the property. The new signage will comply with the sign standards for CX zone districts.
7. The applicant will submit for a Zoning Compliance Permit within one year of conditional approval and will complete the construction and site development within two years of the issuance of a Zoning Compliance Permit. Failure to submit or complete the approved project within this time frame will void the conditional approval.
8. Modification of the approved special review use is allowed with the following limitations: 10% or less expansion of the gross floor area, 10% or less increase in the number of potential building occupants, and 10% or less new parking stalls. Expansions also require conformance with all other requirements of the Zoning Regulations and other code requirements. 
9. The cessation of the special review use for more than 6 consecutive months, shall extinguish this conditional approval and the use may not be re-established except through a new special review approval of the Yellowstone Board of County Commissioners (BOCC).
10. The BOCC reserves the right to re-open the conditional approval of this use at this location based on one or more of the following conditions: 1) failure to respond to a notice of noncompliance with the specific conditions of approval; or 2) high levels of calls for public safety services verified by the County Sherriff. The BOCC will notify the owner of its intent to re-open the Special Review at least 60 calendar days ahead of any public hearing on the matter.
11. These conditions run with the land use and are binding upon and must be adhered to by the property owner and any successors, transferees or assigns, with the exception of these conditions.
12. The right of building and occupancy permits are contingent upon the fulfillment of all conditions imposed by this approval.

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
Applicant: The proposed facility will go through a full permitting review from Planning and Public Works for site layout and utility conformance.
Staff: Staff concurs with the applicant's statements and positive findings on utilities, access roads, drainage and necessary facilities. There are no site-specific conditions that would hamper the applicant's ability to fulfill the local and state regulations for access, utilities, drainage or other necessary facilities.

8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
Applicant: There are no special considerations for this lot - it has two means of access and these are adequate for the proposed use.
Staff: Staff Concurs with the applicant. The existing two access points will be improved helping with visibility and traffic safety.

9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the BOCC.
Applicant: No request to modify the regulations have been made.
Staff: Planning staff has not identified any detail of the site plan or narrative of the project that would require modification of the requirements for this application. The site appears to meet all of the requirements for building height, setbacks, separations, lot coverage, and yard treatments. Staff has recommended specific conditions related to landscaping, parking, lighting, clear vision areas and signage to address issues not apparent on the site plan and to bring the property into compliance or close to compliance with current regulations.

The Planning Division recommends conditional approval, based on the nine review criteria detailed in the summary section of this memo.