This is a special review request to locate a beer and wine license with gaming in an existing vacant structure with an adjacent outdoor patio, Lucky Lil's, an existing 37-space parking lot with landscaping in a Controlled Industrial (CI) zone on the north half of Lot 4A, Block 1, King Park Subdivision, a 79,524 square foot parcel of land. The Zoning Commission conducted a public hearing on June 2, 2015, and is forwarding a recommendation of conditional approval based on the findings of the 3 criteria.

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 the findings and recommendations. 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. Compliance with building code will be ensured through the permit review. Any deficiencies in the existing public right of way improvements will also be reviewed with the building permit. The location is in one of the zoning districts that allows a beer and wine 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 minimal impact on the surrounding uses or neighbors.

The Zoning Commission is recommending several conditions for the proposed project as follows:
1. The special review approval shall be limited to the north half of Lot 4A, Block 1, King Park Subdivision, generally located at 770 King Park Drive.
2. The special review approval is for the location of a beer and wine license with gaming and no other use is intended or implied.
3. Any expansion of the restaurant and patio area greater than 10% will require an additional special review approval.
4. The building remodel will include the complete removal of the drive through window service facilities.
5. There shall be no outdoor public address system or outside announcement system, whether permanent or temporary, of any kind.
6. The outdoor patio shall have a continuous 3.5-foot fence around the perimeter with "exit only" gates as required for public safety. There will be no access to the patio except through the interior of the building.
7. The patio is allowed to have background music. Background music is defined as amplified music that is not audible beyond the patio perimeter.
8. The premises shall not be used for outdoor live entertainment whether on the patio or on the parking lot.
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.
10. 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, the building will no longer be vacant. This will support the stability of the existing tax base. Building permit fees will be paid for any remodeling of the existing structure.

The City Council has conditionally approved 23 locations for on-premise service of alcohol in this area of West Billings 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. There are at least 5 locations nearby currently providing food and alcoholic beverage service. There are 2 locations that allow gaming.

This is a special review request to allow a beer and wine license with gaming in a vacant restaurant located at 770 King Park Drive. The proposed new location will be a Lucky Lil's with a limited restaurant menu and gaming. The 2,164 square foot restaurant will be remodeled and will be used with the existing 403 square foot outdoor patio. The property is zoned Controlled Industrial (CI) and there are no schools, churches or public parks with play grounds or playing fields within 600 feet of this location. The restaurant shares the same lot as the adjacent Burger King located at 790 King Park Drive. The area is mostly devoted to retail and service businesses. The property has access from King Park Drive with connections to King Ave West to the south and Rosebud Drive to the north. The conversion from a fast food restaurant to a Lucky Lil's should not have any impact on traffic circulation to or from the location.

The Zoning Commission conducted a public hearing on June 2, 2015, and received the staff recommendation and testimony from the applicant's agent, Alex Tommerup of AT Architecture. No other testimony was received by the Zoning Commission.

In response to a request from the agent, the Zoning Commission agreed to eliminate staff proposed condition #9 concerning the solid waste enclosure. The existing development includes a sight obscuring dumpster enclosure so the condition is unnecessary. In response to a request from the agent, the Zoning Commission modified staff proposed condition #6 concerning the height of the existing patio enclosure. The agent stated the existing patio enclosure is 3.5 feet in height and this exceeds the minimum requirement for the state license. The proposed addition of 6 inches to the fence enclosure by the staff would not be an effective use of the existing patio design and development. The agent stated the existing patio enclosure was in good condition and retrofitting the fence to add 6 inches would be cost prohibitive for little benefit.

Commission member Dan Wagner moved to recommend conditional approval with amended conditions and adoption of the findings of the 3 criteria for Special Review 928. The motion was seconded by Commission member Dennis Ulvestad. The vote was 3 to 0 in favor of the motion. 

The Consistency with Adopted Policies and Plans is discussed in the Alternatives Analyzed section above.