City Special Review #923 – 960 S 24th St West: This is a special review request to allow the location of an All Beverage Liquor License with gaming in Suites F & G (a 3,470 sf tenant space) in a Controlled Industrial (CI) zone, Lot 4A, Block 3, Midland Subdivision, 3^rd Filing. The property is about 2 acres in size and is generally located at 960 S 24th Street West.

The Planning Division is recommending conditional approval based on the findings of the 3 review criteria.

OWNER: Lazy DC, LLC - Grant Agnew
AGENT: Joel Kittelson - Century Gaming Technologies
LEGAL DESCRIPTION: Lot 4A, Block 3, Midland Subdivision 3rd Filing
ADDRESS: 960 S 24th St West - Suites F and G (3,470 square feet tenant space)
CURRENT ZONING: CI
EXISTING LAND USE: Multi-tenant retail building
PROPOSED USE: Same with casino and all beverage service
SIZE OF PARCEL: 2.05 acres

None.

The City Council has conditionally approved 22 locations for on-premise service of alcohol in this area of King Avenue West since 1985. Most of these locations were for restaurants with just a few for bars with casinos, such as Montana Lil's at 2850 King Ave West approved in 2008. Some locations have a separate casino from the food and beverage service. Another bar and casino was approved in 2013 for a tenant space just north of the subject property at 900 S 24th Street West.  

NORTH:	Zoning: CI Land Use: Old Chicago Pizza and Speak Easy Casino
SOUTH:	Zoning: CI Land Use: Dos Machos Restaurant
EAST:	Zoning: HC Land Use: Retail
WEST:	Zoning: CI Land Use: Town Place Suites and other hotels

This is a special review to locate a CASH casino in 2 vacant tenant spaces (Suites F and G) in an existing multi-tenant building located at 960 S 24th Street West. The property is easily accessible from S 24th Street West through Grant Road that also provides access to several businesses and hotels in the area. The city has approved 22 locations in the area for alcoholic beverage service but most are restaurants and may or may not offer gaming. This would be a bar with a casino, a different type of venue than is currently available. Old Chicago Pizza to the north does advertise a Speak Easy Casino but it is attached to the restaurant. There are no churches, parks with playing fields or playgrounds or schools within 600 feet of this proposed location. The city recently approved another similar bar and casino, Dotty's Casino, for a tenant space at 900 S 24th St West just north of Old Chicago Pizza.

The Planning Division has reviewed the application and the 3 criteria for special review 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 Unified Zoning Regulations, 2) the application is consistent with the objectives and purposes of the Unified Zoning Regulations and the 2008 Growth Policy, and 3) 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, and conforms to all parts of the Unified Zoning Regulations. The location is in one of the zoning districts that allows an all beverage license with gaming by special review approval. The application is conforming to the purposes of the regulations and the 2008 Growth Policy. The location of an additional license in this area should have no impact on the surrounding uses or neighbors.  

The application also conforms to the second and third criteria. There will be remodeling to the interior of the tenant spaces but no exterior expansion of the building. Planning staff is recommending conditions for this special review based on the approval criteria for special review uses.

PROPOSED CONDITIONS

1. The special review approval shall be limited to Lot 4A, Block 3, Midland Subdivision, 3^rd Filing.
2. The special review approval is for the location of an all beverage license with gaming and no other use is intended or implied.
3. Any expansion of the interior space greater than 347 square feet will require an additional special review approval. The addition of an outdoor seating area will require an additional special review approval.
4. There shall be no outdoor public address system or outside announcement system, whether permanent or temporary, of any kind.
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.
6. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.