City Zoning Commission recommends conditional approval of Special Review 1002 and adoption of the findings of the review criteria.

On October 17, 2025 the Planning Division received a request from the Applicant's agent, Mark Fisher, to withdraw Special Review 1002 (See attachment). City Council has several alternatives for action on Special Review Applications as specified in the Alternatives section of this memo. One alternative is allowing the applicant to withdraw the application, which is what the applicant is asking for per the October 17 request. Staff supports the Council allowing the applicant to withdraw the application. However, Council should follow BMCC, Section 27-1623.E.2. (b) Before taking any action on an application for a special review use, the city council shall first consider the findings and recommendations of the zoning commission. Staff recommends the Council open the item on the agenda and hear the Zoning Commission recommendation and finding on the application before taking any action on the withdrawal request.

This is a Special Review request to allow the development of a new restaurant, bar and casino as part of a multi-tenant commercial building on an approximately 0.807 acre parcel located at 5545 Holiday Avenue in the Holiday Business Park Subdivision, Block 1, Lot 1. The subject property is currently a vacant lot. The applicant proposes to construct a single-level building consisting of a 2,675 square foot restaurant, bar and casino, along with two additional tenant spaces totaling approximately 3,110 square feet, and a small common area of 476 square feet. 

The Corridor Mixed Use 2 (CMU2) zoning district allows a variety of commercial uses intended to serve transportation corridors and larger development nodes. Within this district, new casino operations require Special Review approval to evaluate site-specific impacts and ensure compatibility with surrounding uses. CMU2 is designed to accommodate larger-scale commercial uses and multi-tenant developments on deeper lots, supporting a mix of retail, dining, and entertainment uses that are accessible by multiple modes of transportation.

The proposed site is located within the Holiday Business Park. The property is bounded by existing commercial uses and undeveloped parcels, with access from Holiday Avenue. The site plan shows new parking, landscaping, and circulation designed to serve both the casino and the additional tenant spaces. As the lot is currently vacant, the project represents infill development and contributes to the already established commercial subdivision.

The proposed casino and accompanying tenant spaces align with the intent of the CMU2 zoning district by introducing new commercial activity along a key corridor. The project will add to the continued build-out of the Holiday Avenue commercial area and support a balanced mix of retail and entertainment uses that are compatible with the surrounding development pattern.

APPLICATION DATA
OWNERS: Grizzly-Holiday LLC
AGENT: Mark Fisher, Yellowstone Casino
PURPOSE: To allow a new casino with an all beverage liquor license
LEGAL DESCRIPTION: HOLIDAY BUSINESS PARK SUB, S17, T01 S, R26 E, BLOCK 1, Lot 1
ADDRESS: 5545 Holiday Ave
EXISTING LAND USE: Vacant
PROPOSED LAND USE: New Casino 
EXISTING ZONING: Corridor Mixed Use 2 (CMU2)
SIZE OF PARCEL: 0.807 acres

SURROUNDING ZONING & LAND USE
NORTH: CMU2 - Corridor Mixed Use 2 
Land Use: Hotel
SOUTH: CX - Heavy Commercial 
Land Use: Kubota - Tractor Dealer
EAST: CX - Heavy Commercial 
Land Use: Storage
WEST: CMU2 - Corridor Mixed Use 2
Land Use: Vacant

The zoning code has a variety of considerations and findings before a special review use can be considered acceptable at a particular location. The requirements are set forth in Section 27-1623.D as follows:

The applicant conducted a pre-application neighborhood meeting on August 25, 2025, at the Billings Hotel and Convention Center. Notice was sent to all property owners within 300 feet of the site. No neighboring residents attended the meeting. Planning staff prepared and mailed the public hearing notice to surrounding property owners, published a legal ad and posted the property with the Zoning Request sign. Planning staff received no communication on the application from the surrounding owners or the public as of submission of this report.

City Zoning Commission Meeting
The Zoning Commission conducted a public hearing on October 7, 2025. Staff presented the recommendation for conditional approval, requesting that the Commission consider a modification to proposed Condition #1 to specify that the casino area be limited to the 2,675 square feet depicted on the submitted site plan.

The applicant and their representative were not in attendance, and no members of the public provided comment.

Commissioner Goss proposed adding two additional conditions: one requiring that all site lighting include full cutoff shields, and another limiting the use of any outdoor sound system. Staff confirmed that both conditions could be incorporated into the recommendation.

Following the close of the public hearing, the Commission deliberated briefly regarding the two additional conditions and the modification to Condition #1. Commissioner Goss then made a motion to forward a recommendation of conditional approval for Special Review 1002, including adoption of the review criteria and the conditions as modified and added during discussion. The motion was seconded by Commissioner McCall and approved unanimously on a 5-0 vote.

October 17th, 2025
On October 17, 2025, the applicant submitted a written request to City Council to consider their request to withdraw the Special Review application.

The City Council may take one of the following actions:

• Conditionally approve and adopt the proposed findings for Special Review 1002 as submitted by the Zoning Commission;
• Deny and adopt different findings of the review criteria for Special Review 1002;
• Delay action of the application up to 30 days at the request of the applicant or on its own motion; or 
• Refer the application back to the Zoning Commission for an additional public hearing based on 1) new information submitted that the applicant and public have not had an opportunity to examine; or 2) new information has been presented that was never submitted or considered by the Zoning Commission or staff; or
• Allow the applicant to withdraw the application.

The applicant has requested the Council allow withdrawal of the application (See attachment).
 

The Planning Division budget will not be affected by either approval or denial of the requested special review.

PROPOSED FINDINGS OF THE REVIEW CRITERIA (27-1623.D and E)
Zoning Commission recommends approval of the requested special review based on the proposed findings of the criteria.

1. The special review use is consistent with the City's growth policy and applicable neighborhood plans, if any.
Essential Investments

• Infill development and development near existing City infrastructure may be the most cost-effective.

The proposed Special Review facilitates the redevelopment of an underutilized parcel that is vacant. Located along a commercial corridor already supported by public infrastructure, the project promotes efficient infill development within the city limits. This approach optimizes the use of existing streets, utilities, and public services, minimizing the need for costly infrastructure expansion.

Prosperity

• A diversity of available jobs can ensure a strong Billings economy.
• Successful businesses that provide local jobs benefit the community.

The proposed project will add new commercial space, generating short-term construction jobs and long-term employment opportunities within the planned restaurant, bar, and casino. These types of businesses help strengthen the local economy by providing essential, everyday services and fostering economic resilience. The development supports the City's goals for business growth and job creation, contributing to the continued vitality of the Southwest Billings area.

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.
The proposed restaurant with a bar and casino has been designed to minimize potential negative impacts on public health, safety, and the general welfare, particularly given its location within an established commercial area. The site layout, traffic circulation, and operational features have been carefully considered to promote compatibility with surrounding uses and ensure safe and efficient site operations. With these site features and appropriate conditions of approval in place, the proposed use can operate in a manner that is not detrimental to the health, safety, or comfort of the surrounding neighborhood and uses.

3. The site is adequate in size for the proposed use and has topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
The subject property at 5545 Holiday Ave. is approximately 0.807 acres and is zoned Corridor Mixed Use 2 (CMU2). The CMU2 district is intended to accommodate a variety of commercial and mixed-use developments along key corridors and permits bar and casino operation with special review approval. The proposed development, which includes both a restaurant with a bar and casino is consistent with the scale and intent of uses allowed in the district. The site is relatively flat and does not present any known topographical or environmental constraints that would limit development. The submitted site plan demonstrates compliance with all applicable dimensional standards of the CMU2 zone, height allowance, and landscape buffers.

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.
The proposed restaurant with a bar and casino is located within the CMU2 zoning district and is surrounded by commercial uses. The use is consistent with the intent of the CMU2 zone, which accommodates commercial uses along transportation corridors to promote development that is comfortably accessible. There is no indication that new development on this property would negatively affect or reduce property values in the surrounding 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.
The proposed restaurant with a bar and casino is located within the Corridor Mixed Use 2 (CMU2) zoning district, which is designed to accommodate a wide range of commercial and mixed-use developments along key transportation corridors. The proposed project is located within a developed subdivision and will utilize existing city infrastructure like roadways, water and sewer connections. 

6. Conditions necessary to protect the public health, safety, and general welfare can be established.
The Zoning Commission recommends the following conditions of approval for this project based on the findings of the review criteria:

1. The special review approval is for an all-beverage license and gambling, located at 5545 Holiday Ave on Lot 1, Block 1 of Holiday Business Park Subdivision, a 0.807 acre parcel of land. The liquor license will be located in the 2,675 square foot area depicted on the submitted site plan only, and would not be larger in square footage without further review.  No other use is intended or implied.
2. Lighting of signs shall comply with the City of Billings Zoning Code in place at the time of sign permit application.
3.  Any new lighting on the building or within the parking lot shall have full cutoff shields, so light is directed to the ground and not onto adjacent property.
4. The applicant will apply for and receive approval for a building permit within 1 year and complete construction within 3 years of the Special Review approval. Failure to meet these time limits of this condition will void the variance.
5. Any outdoor announcement system associated with the use shall not be audible at any property line.
6. The applicant will construct the addition in substantial conformance to the drawings submitted with this special review request. Minor modifications to the location of the proposed structures and other site improvements as shown on the submitted site plans are allowed. 
7. The applicant will comply with all other city codes including building, engineering and fire codes that may apply.
8. The proposed development shall comply with all other limitations of Section 27-1613 of the Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.
9. 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.

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
Any new construction on the site will follow applicable building codes, engineering standards, and all zoning requirements will be followed.

8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
There is one existing access point to the site provided from Holiday Ave. This access will be updated and improved with the development of this parcel.  The City Engineering Division will review any changes or upgrades to these access points. 

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 city council.
The proposed development meets all other zoning code requirements, and no variances are needed or required.