A special review request to locate an all beverage liquor license without gaming in a proposed new 4,500 square foot restaurant, The Divide Restaurant and Bar, an outdoor patio of 2,340 square feet, a parking lot and landscaping in a Highway Commercial (HC) zone on Lot 7, Block 1 of Montana Sapphire Subdivision. The property is 1.69 acres in size. The Zoning Commission conducted a public hearing on May 5, 2015, and is forwarding a recommendation of conditional approval and adoption of the findings of the 3 criteria on a 4-0 vote.

The City Council may:

• Approve the request
• Conditionally approve the request
• Deny the request
• Allow the applicant to withdraw the request
• Delay action on the request for up to 30 days

The Planning Division reviewed the application and the 3 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 may 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 appears to conform to all parts of the Unified Zoning Regulations. Complete compliance with the South Shiloh Overlay District for details on landscaping, screening, building design and signage will be evaluated at the time of building permit submittal. The location is in one of the zoning districts that allows an all beverage license without 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. The Montana Sapphire Subdivision is not yet fully developed so additional businesses and
residents will help to improve the area. The new Shiloh Conservation Area is an amenity for this subdivision and the addition of a full service restaurant
with an outdoor patio overlooking the conservation improvements will be beneficial. Planning staff recommended conditions for this special review
based on the approval criteria for special review uses. The Zoning Commission recommends these conditions as follows: 

1. The special review approval shall be limited to Lot 7, Block 1, Montana Sapphire Subdivision.
2. The special review approval is for the location of an all beverage license without gaming and no other use is intended or implied.
3. Any expansion of the restaurant and patio area greater than 684 square feet 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. The outdoor patio shall have a continuous 4-foot fence around the perimeter with "exit only" gates as required for public safety. There will be no direct entrance from the parking area to the fenced patio area except through the restaurant.
6. The patio is allowed to have background music or un-amplified live music. Background music is defined as amplified music that is not audible beyond the patio perimeter.
7. The solid waste storage area shall have a sight-obscuring enclosure constructed in similar materials and colors of the building. The enclosure will include a sight-obscuring gate.
8. 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.
9. 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 requested use is approved the property will be developed and property taxes and city service fees will increase. If the requested use is denied, the property may not develop and the tax base will not increase.

This is a special review to locate an All Beverage License without gaming for a new proposed restaurant, the Divide, in the Montana Sapphire Subdivision at 4020 Montana Sapphire Drive. The property is easily accessible from Shiloh Road and is situated just north of the new Shiloh Conservation Area. The city has approved 22 locations in the area for alcoholic beverage service but the two existing locations in Montana Sapphire are more focused on bars and casino gaming and not restaurant service. There are no churches, parks with playing fields or playgrounds, or schools within 600 feet of this proposed location. The proposed restaurant will be a maximum of 4,500 square feet with an outdoor patio of 2,340 square feet. The property will have to comply with the South Shiloh Overlay District requirements due to the portion of this lot that runs east to Shiloh Road. The proposed site plan shows 42 parking spaces - this may need to increase to accommodate the additional area of the patio. The site plan appears to meet all the requirements for the zoning and site development.

The Zoning Commission conducted a public hearing on May 5, 2015 and received the staff recommendation and testimony from the applicant's agent, Scott Atwood of Atwood Architecture. No other testimony was received.

Chairman Leonard Dailey, Jr. closed the public hearing. Commission member Barbara Hawkins made a motion to recommend conditional approval and adoption of the findings of the 3 criteria for Special Review 927. The motion was seconded by Mike Boyett. Commission member Dennis Ulvestad commented this was a good location and a good project. The Commission voted 4 in favor and 0 opposed to the motion.

Please refer to the Alternatives Analyzed section above.