Item #1 - Special Review #935 - 450 Main Street: This is a special review to allow the location of a beer & wine license with gaming at a proposed new Town Pump Casino (with gas station & convenience store) in a Highway Commercial (HC) zone on Lots 1, 2, 3A, 4A, 4B and the North 65 feet of Lot 5, Thomas Subdivision, a 2.11 acre parcel of land generally located at 450 Main Street. Presented by: Dave Green Planner II
 

The Planning Division is recommending conditional approval based on the findings of the 3 review criteria for Special Review 935.
 

OWNER: Reiter's Marina Inc.
AGENT: AT Architecture, Alex Tommerup
LEGAL DESCRIPTION: Lots 1, 2, 3A, 4A, 4B, and the north 65 feet of Lot 5, Thomas Subdivision
ADDRESS: 450 / 430 Main Street
CURRENT ZONING: Highway Commercial
EXISTING LAND USE: Commercial
PROPOSED USE: Commercial
SIZE OF PARCEL: 2.11 Acres

None

The City has approved 9 special reviews in this neighborhood. Five for All Beverage Licenses with Gaming and two Beer and Wine Licenses with Gaming.  There were also two for drive-up service that were approved.

NORTH:	Zoning: Highway Commercial (HC) Land Use: Tractor Supply Company
SOUTH:	Zoning: HC Land Use: Starbucks
EAST:	Zoning: HC Land Use: CVS Pharmacy / Target
WEST:	Zoning: HC / Community Commercial (CC) Land Use: Heights Eye Care

This is a special review to locate a new Town Pump Casino with gas station & convenience store where the existing Reiter’s Marina is located. The property is accessible from Main Street and Lake Elmo Drive. The city has approved 7 locations for alcoholic beverage sales with gaming in this neighborhood.  The applicant states in a cover letter that this redevelopment project will be a welcome addition to the area because it will involve a new store and fuel canopy, and the project will include landscaping where there currently is none on site. They also state that they will be providing different kinds of jobs for with the new store and casino.  Town Pump believes the new convenience store and casino will be a benefit to the area with the two nearby hotels and shopping on one of the busiest streets in Montana.  
 
The subject property has a great deal of traffic going past it on both the east, Main Street, and west, Lake Elmo. Access points will be reviewed by City Engineering staff at the time of permits for the proposed project.  This will give travelers, and locals, another option for a gas station & convenience store with casino along Main Street. There is currently new construction going on to the south of this property for a new Starbucks Coffee that also will add to the new development in this part of Billings.  
 
There are no known churches in the area, no parks with playing fields or playgrounds, and no schools within 600 feet of this proposed location.

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 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 a wine and bear 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  liquor license in this area should have minimal impact on the surrounding uses or neighbors. However, the traffic impacts from this use will be significantly greater than the current traffic generated by the Reiter's Marine business.  

The application also conforms to the second and third criteria. There will be demolition of the existing structures on site and then there will be all new construction with new circulation and access points and landscaping of the site.   Planning staff is recommending conditions for this special review based on the approval criteria for special review uses.
 
RECOMMENDATION
The Planning Department recommends conditional approval.
 
PROPOSED CONDITIONS

1. The special review is limited to Lots 1, 2, 3A, 4A, 4B and the North 65 feet of Lot 5, Thomas Subdivision generally located at 430 / 450 Main Street.
2. The special review approval is for the location of beer and wine license with gaming and no other use is intended or implied.
3. Any expansion of the interior space of the casino of more than 10% will require an additional special review approval.
4. All exterior lighting, including security lighting sand fuel canopy 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. New parking lot construction will meet the Highway Commercial zoning requirements for landscaping.  In addition, there will be one street tree planted every 40 feet in the proposed landscape area along both frontages, Lake Elmo and Main Street.  Street trees are trees that can have their lowest branches at 8 feet, without disfiguring the tree, within 4 years.  New trees shall not be any tree with the genus scientific name of Populus or any of its subspecies including any variety of aspens. Also no Salix (willows), Acer negundo (Box Elder) or Ulmus (Elms).  Small ornamental trees do not quality as street trees.  All installed landscape will be continuously maintained and replaced as necessary by the owner as outlined in Section 27-1110 BMCC, Installation and Maintenance.
8. Any centralized solid waste storage shall be enclosed by a wall on 3 sides and a closing gate or gates. The wall and gates for the solid waste storage shall be similar or complimentary in color to the new building 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 and adoption of the findings of the 3 criteria for Special Review 935.