Item #1 - Special Review #931 – 261 Swords Lane – Town Pump Bar & Casino, Nicole Cromwell, Zoning Coordinator - A special review request to locate an all beverage license with gaming for a new Town Pump Casino, Bar and Liquor Store in a 7,194 square foot proposed building with a 69-stall parking lot and landscaping in a Highway Commercial (HC) zone on the south half of C/S 98, a 2.36 acre parcel of land.

The Planning Division is recommending conditional approval based on the findings of the 3 criteria for Special Review 931.

OWNER: Z & B Enterprises
AGENT: Alex Tommerup, AT Architecture
LEGAL DESCRIPTION: C/S 98
ADDRESS: 261 Swords Lane
CURRENT ZONING: HC
EXISTING LAND USE: Vacant repair shop
PROPOSED USE: Town Pump Bar, Casino and Liquor Store
SIZE OF PARCEL: 2.36 acres

None.

The City Council has approved the location of 13 liquor licenses in this area of Billings Heights since 1987. The licenses are primarily located within restaurants although there are at least 2 casinos located in the immediate neighborhood.

NORTH:	Zoning: HC Land Use: Alkali Creek & Vacant
SOUTH:	Zoning: CC Land Use: Hotel, Gas Station
EAST:	Zoning: HC Land Use: Restaurant
WEST:	Zoning: HC Land Use: Warehouse

This is a special review request to allow an all beverage license for a new Lucky Lil's bar, casino and liquor store at 261 Swords Lane, the former Zane's Truck Repair Shop. The property has frontage and access to Swords Lane and is directly west of the Golden Phoenix restaurant. Lucky Lil's has 2 other locations in the Billings area. Lucky Lil's is part of the Town Pump Corporation. Town Pump also owns the Montana Lil's and Lucky Diamond casinos and there are 6 of these located in the Billings area. There is one bar and casino in the immediate area but it serves a different market than the Lucky Lil's bar and casino. The property is in a Highway Commercial (HC) zone and the existing building is proposed to be demolished and the site completely redeveloped with paved parking, landscaping and a new building. The proposed 7,194 square foot building will have approximately 4,130 square feet for the bar & casino, 1,400 square feet for the liquor store and 1,764 square feet for storage and utility space. The 69-space parking lot exceeds the minimum required for the intended uses and the landscaping shown exceeds the minimum requirements for the zoning district. The applicant does not intend to utilize the north half of the property to protect the integrity of Alkali Creek and its floodplain. There are no churches, parks with playing fields or playgrounds, or schools within 600 feet of this proposed location. The location will not have an outdoor patio.

Swords Lane (aka Airport Road) carries about 13,000 vehicles per day on this section of the roadway. The intersection with Main Street just east of the subject property is one of the busiest intersections in the state. Main Street carries nearly 50,000 vehicle trips per day near its intersection with Airport Road. The Billings Police Department ranks this intersections #3 for vehicle crashes in its 2014 annual report. There were 37 vehicle crashes at this intersection in 2011. Crash data is not available for subsequent years. There are currently 2 accesses to the property from Swords Lane. The eastern access drive is proposed to be closed and the western access drive will be maintained. This should increase the traffic safety for vehicles entering and exiting the site. The type of traffic will change with the proposed new use. Vehicles heading east on Airport Road to the Main Street intersection will have the most difficult traffic movement, crossing four lanes of traffic to enter the right-turn lane on the south side of Airport Road. The City Traffic Engineer has not provided comment on the proposed use but may have additional questions at the time of building permit application. 

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 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. Absolute compliance with the off-street parking requirements, landscaping requirements and sign regulations will be evaluated at the time of building and sign permit submittal. The location is in one of the zoning districts that allows an all beverage liquor 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. The redevelopment of this lot on a principal arterial will help revitalize and support businesses activity in the area. A connection to the existing bike trail system is just east of the property with the added potential for the trail corridor to someday cross the north end of the subject property. Current customer access to this new business with the trail nearby is available via vehicle, bicycle, or on foot.  The Planning Division is recommending a condition to add at least 2 bicycle parking racks to accommodate these potential current and future customers. Planning staff is recommending conditions for this special review based on the approval criteria for special review uses.
The Planning Division is recommending the following conditions:

1. The special review approval is for the location of an all beverage license with gaming on C/S 98, generally located at 261 Swords Lane, and no other use is intended or implied.
2. Any expansion of the building floor area greater than 720 square feet will require an additional special review approval.
3. Any increase in the number of parking spaces over 10% of what is shown (69 spaces) will require an additional special review approval.
4. There shall be no outdoor public address system, outside announcement system, whether permanent or temporary, of any kind. There shall be no outdoor event on the grounds that includes amplified music or an amplified sound system of any kind.
5. 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.
6. The applicant shall provide 2 (two) bike parking racks on the site of the type recommended by the City of Billings Off-Street Bicycle Parking Guidelines. The bike parking racks will be located as recommended in the guidelines.
7. 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.
8. 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.
 

The Planning Division recommends conditional approval and the adoption of the findings of the 3 criteria for Special Review 931.