This is a special review request to locate an all beverage liquor license without gaming in a proposed new 4,125 square foot restaurant, The Divide Restaurant and Bar, an outdoor patio of 1,500 square feet, a parking lot with 56 spaces and landscaping in a Highway Commercial (HC) zone on Lot 7, Block 1 of Montana Sapphire Subdivision, a 1.69 acre parcel of land. The City Council allowed the applicant to withdraw on May 26, 2015, to re-design the site to meet minimum off-street parking requirements. The Zoning Commission conducted a public hearing on the revised site plan and on a 3-0 vote, is recommending 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 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 562 square feet will require an additional special review approval.
4. Any increase in the number of parking spaces over 10% of what is shown (56 spaces) will require an additional special review approval.
5. There shall be no outdoor public address system or outside announcement system, whether permanent or temporary, of any kind. There shall be no outdoor events on the patio or grounds that includes amplified music or an amplified sound system of any kind.
6. The outdoor patio shall have a continuous 3-foot fence around the perimeter with "exit only" gates as required for public safety. There will be no direct entrance from the parking area or landscaped area to the fenced patio area except through the restaurant.
7. 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.
8. 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.
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.

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.

The City Council has conditionally approved 22 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 two bars and casinos in Montana Sapphire at this time -  Manny's (2008) and Tinseltown Casino (2007). An All Beverage License without gaming is an unusual license in Montana. Most All Beverage Licenses have gaming attached. This license is for a restaurant with a full service bar.
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 geared for 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 4,125 square feet with an outdoor patio of 1,500 square feet. These proposed use areas have been updated since the May 5, 2015, Zoning Commission hearing to accommodate the required minimum off-street parking requirements. 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 revised site plan shows 56 parking spaces - this is a ratio of 1 space for each 100 square feet of gross building area and includes the outdoor patio. The site plan appears to meet all the requirements for the zoning and site development.

The Zoning Commission conducted a public hearing on July 7, 2015, and received the staff recommendation and testimony from the applicant's agent, Scott Atwood. No other testimony was received.
Commission member Boyett mad a motion to recommend conditional approval and adoption of the findings of the 3 criteria. Commission member Ulvestad seconded the motion. The Zoning Commission approved the motion on a 3 to 0 vote.

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