This is 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 Zoning Commission conducted a public hearing on September 1, 2015, and is forwarding a recommendation of conditional approval on a 4-1 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.

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 conforms 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 Zoning Commission is recommending a condition to add at least 2 bicycle parking racks to accommodate these potential current and future customers. The Zoning Commission is recommending conditions for this special review based on the approval criteria for special review uses.

The Zoning Commission 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.
 

If the special review is approved, the lot will be re-developed and additional taxable value may be added to the tax base. If the special review is not approved, the lot may or may not re-develop.
 

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.

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 turning east from the driveway 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 Zoning Commission conducted a public hearing on September 1, 2015, and received the staff recommendation and testimony from the applicant's agent, Alex Tommerup of AT Architecture. Ernie Szillat, an owner of nearby property, also provided comment to the Zoning Commission.

In response to questions from Chairman Dailey and Commission member Dennis Ulvestad, staff explained the State of Montana controls the intersection of Swords Lane and Main Street.  Commissioner Mike Boyett asked about the need for bike racks for this type of business. Staff indicated on the map the proximity to a well-developed bikeway and commented patrons or employees might use the bike racks.  Commissioner Ulvestad asked about the number of allowable licenses and the easement for the drive approach.  Staff explained the state quota system allows additional licenses as long as the population keeps growing.  Staff explained the property has 2 existing drive approaches and 1 would be closed and the second approach moved as far west on the lot as possible, subject to approval of the Montana Department of Transportation (MDT). Chairman Dailey asked about the traffic counts.  Staff clarified the statistics are a 3-year average and explained the applicant’s agent, Mr. Tommerup, is well aware of potential traffic or parking issues.  Staff indicated the Police Department voiced no concerns with this application.  Commissioner Hawkins asked about the determination for the bike racks and staff referenced the “City of Billings Off-Street Bicycle Parking Guidelines”.  Commissioner Ulvestad asked about the buildings located behind the garage and staff stated they will be demolished.

Mr. Tommerup testified in favor of the application. He stated re-locating the driveway as far west from the intersection as possible will avoid or diminish traffic conflicts. He stated the proposed bike racks can hold up to four bicycles. He stated most likely one rack will be located in the front of the lot and another in the back northwest corner for employees.  Staff pointed out providing bike racks should eliminate bikes locked to sign posts or other structures. Mr. Tommerup noted the topography of the parcel and how the north end of the lot has a dramatic slope down to Alkali Creek. Mr. Tommerup stated construction is proposed for next spring with a summer or fall opening for the business.

Mr. Szillat owns property to the west of this parcel and lives at 960 Gold Dust Circle.  He voiced concern with the driveway location as the sidewalk is the designated bike route along this section of Airport Road/Swords Lane. Mr. Szillat stated it is sometimes difficult to manage a left turn out of his property with bicyclists and 5 lanes of higher speed traffic. Mr. Szillat stated he has had several near misses with bicyclists. Mr. Szillat testified he is willing to give an easement across the north end of his property for a bike path as long as all the adjacent property owners are agreeable and also give easements. Mr. Szillat said there have been several break-ins in this area recently. He stated he believes this is because the bike tunnel connects under Main Street and there is more transients in the area than prior to the tunnel. He stated he has contacted the State regarding the need for improvements to the signalized intersection.  Mr. Szillat is not opposed to a casino and a bar but disagrees with the submittal letter language stating this is a “family environment”.  He would like to address these issues for reasons of public safety.  He said there is no vehicle access in the rear of the properties and the topography is sloped.  He pointed out the current bike path which goes along Main Street and along Swords Lane on a posted map and voiced concern with vehicles exiting into bicycle traffic flowing along Swords Lane with a narrow window to access Airport Road due to vehicle speeds. Staff stated the Parks Department maintains the bike path and the bike/pedestrian tunnel is lighted. Staff indicated incidents of loitering or suspicious activity in or around the tunnel should be reported to the Police Department.

Mr. Tommerup provided rebuttal testimony and clarification. He stated moving the drive approach and making it narrower to a 30 foot approach will provide a better level of safety. Mr. Tommerup stated his client will likely be open to the provision of an easement at the north end of the property for a re-located bike path. Mr. Tommerup stated the drive approach is controlled by the state, and the design and location for the access has to be approved by the state. Mr. Tommerup clarified the language in the submittal letter and said he did not call this business a “family friendly environment”.

Commission member Dan Wagner made a motion to recommend conditional approval and adoption of the findings of the 3 criteria. The motion was seconded by Commission member Barbara Hawkins. The motion was approved on a 4-1 vote with Commission member Ulvestad voting against the motion.

 

Consistency with adopted plans and policies is discussed in the Alternatives Analyzed above.