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, 3rd Filing. The property is about 2 acres in size and is generally located at 960 S 24th Street West. The City Zoning Commission conducted a public hearing on March 3, 2015, and is forwarding a recommendation of conditional approval and adoption of the findings of the three criteria on a 4 to 0 vote.

The Planning Division reviewed the application and the three criteria for special review and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with this recommendation. 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.

The Zoning Commission recommends to the following conditions of approval: 
PROPOSED CONDITIONS
1. The special review approval shall be limited to Lot 4A, Block 3, Midland Subdivision, 3rd 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.
**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.

If the special review is approved, a building permit application fee will be submitted, and a new business license will be purchased for the new use. Property improvements will be added to the assessed value of the property, that may in turn increase property tax revenue to the City.

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 Zoning Commission conducted a public hearing on March 3, 2015, and received the staff recommendation and testimony from the applicant, Grant Agnew. No other testimony was received.

Mr. Agnew stated the 2 suites on the southwest corner of the building have had high turn over of tenants. He was approached by Century Gaming to convert these 2 units for a CASH Casino and thought this would be a plus for the surrounding market and for stabilizing his building tenancy. In response to a question from the Commission, Mr. Agnew stated he would not consider attaching a microbrewery to the casino tenant. He stated while this may be allowed in the future by the state, it was not a use he was interested in promoting in his building. Mr. Agnew stated most of his tenants are 9 am to 5 pm businesses with a few open later until 8 pm or 10 pm depending on service appointments. Mr. Agnew stated the CASH Casino would be open from 8 until 2 am. In response to a question from the Commission, Mr. Agnew stated he wants to start on the remodel as soon as the special review is approved with targeted opening of the business for June 1, 2015.

The Zoning Commission member Dan Wagner moved to recommend conditional approval and adoption of the findings of the 3 criteria and the motion was seconded by Mike Boyett. The motion passed on a 4 to 0 vote.

The consistency with adopted plans and policies is discussed in the Alternatives Analyzed section above.