Item #1. Motion/Recommendation to City Council.  Special Review #934, Dave Green, Planner II - This is a special review request to an all beverage liquor license with gaming for American Foods of Montana in a 12,000 square foot building currently developed as the Geyser Park amusement park in an Entryway General Commercial zoning district (EGC). The property is on Lot 1A, Block 1, Geyser Park Subdivision, a 3.215 acre parcel of land.
 

The Planning Division is recommending conditional approval based on the findings of the 3 review criteria for Special Review 934.
 

OWNER: John and Rebecca Williamson
AGENT: Dave Hawkins
LEGAL DESCRIPTION: Lot 1A, Block 1, Geyser Park Subdivision
ADDRESS: 4910 Southgate Drive
CURRENT ZONING: Entryway General Commercial (EGC)
EXISTING LAND USE: Geyser Park Family Fun Center
PROPOSED USE: New Restaurant and Bar
SIZE OF PARCEL: 3.215 Acres

None

Subject Property
City Special Review #557 – 4910 Southgate Drive – Go-cart track and bumper boats was conditionally granted on August 28, 1995.
 
Surrounding Property – The City has approved six special reviews in this neighborhood. Of those six, three have been for all beverage liquor licenses.  The other three were for outdoor storage, storage of construction materials, and wood cabinet construction.
 

NORTH:	Zoning: EGC Land Use: Best Western Plus Kelly Inn Suites
SOUTH:	Zoning: EGC Land Use: Interstate Corridor
EAST:	Zoning: EGC Land Use: Sleep Inn Hotel
WEST:	Zoning:EGC and Highway Commercial Land Use:Extended Stay America

This is a special review to locate a new restaurant in an existing building, formerly Geyser Family Fun Center. The property is accessible from Southgate Drive which is just off of the South Billings Boulevard exist from Interstate 90. The City has approved three locations for alcoholic beverage sales on Southgate Drive, and one included gaming.  This one is for an all beverage license with gaming and is to be in a restaurant setting.  The applicants state in their letter that this will be a sports bar with a sit down restaurant that will be near hotels.  They believe it will be a benefit to the area with all the hotels and also in an area of Billings that doesn’t have many choices for a family sit down restaurant.  Across the street from this location is a Won 800 Casino and El Corral restaurant. Fiddlers Green Sports Bar and Grill is farther to the west on the south side of the street. Other places to eat in the area are all fast food franchise restaurants. 
 
This area of Billings has quite a few hotels and a destination store for outdoorsman. This restaurant use will give travelers and locals another option for a sit down restaurant and it within walking distance of the hotels nearby. There are no churches, parks with playing fields or playgrounds or schools within 600 feet of this proposed location.

Planning staff did received a phone call from an area Casino owner that was opposed to the new all beverage with gaming license because he felt that there were getting to be too many places that serve alcohol in a concentrated  area.  He also stated that it is a detriment to the area to have so many places for liquor sales not that far from Amend Park or Newman School. 

The Planning Division has reviewed the application and the three criteria for special reviews and is recommending conditional approval. Before a recommendation of approval or conditional approval can 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 conforms to all parts of the Unified Zoning Regulations. The location is in one of the zoning districts that allows an all beverage 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 application also conforms to the second and third criteria. There will be remodeling to the interior of the tenant spaces but no exterior expansion of the building at this time. Planning staff is recommending conditions for this special review based on the approval criteria for special review uses.

PROPOSED CONDITIONS
 

1. The special review is limited to Lot 1A, Block 1 Geyser Park Subdivision generally located at 4910 Southgate Drive.
2. The special review approval is for the location of an all beverage license with gaming and no other use is intended or implied.
3. Any expansion of the interior space greater than 1,200 square feet will require an additional special review approval. The addition of an outdoor seating area will require an additional special review approval.
4. All exterior lighting, including security lighting, shall have full cut-off shields so no part of the fixture or lens projects below the cut-off shield. The maximum height of any light pole in the outdoor areas shall be 20 feet above grade. Exceptions to this requirement are allowed for entry doorway lighting.
5. There shall be no outdoor public address system or outside announcement system, whether permanent or temporary, of any kind.
6. No construction or demolition activity will occur before 7 am or after 8 pm daily.
7. Any new parking lot constructed will meet the Entryway zoning requirements for landscaping.  New trees shall not be any of the following species: Carolina poplar, other populus subspecies including any variety of aspens, , lombardy poplar, silver leaf poplar or weeping willow, box elder or elms. All installed trees will be continuously maintained and replaced as necessary by the owner.
8. Any centralized solid waste storage shall be enclosed by a wall on three sides and a closing gate or gates on the fourth side. The wall and gates for the solid waste storage shall be similar or complimentary in color to the adjacent buildings and shall be sight-obscuring. The wall and gates shall be tall enough that no part of the interior dumpster(s) are visible from the outside.
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.
 
ATTACHMENTS
Attachment A: Zoning Commission Action.
Attachment B: Zoning Map
Attachment C: Site photographs
Attachment D: Site Plan
Attachment E: Applicant Letter
 

Staff recommends Conditional Approval of Special Review #934.