City Special Review #940 – 116 N Broadway – Add seasonal outdoor patio – A special review request to allow the addition of a 320 square-foot outdoor seasonal patio on the public sidewalk adjacent to Doc Harper’s in the Central Business District (CBD), on Lots 7-12 and a fraction of Lot 6, Block 93, Billings Original Town, Unit 2 of the Babcock Building. Presented by Nicole Cromwell, Zoning Coordinator

The Planning Division is recommending conditional approval and adoption of the findings of the 3 review criteria for Special Review 940.

OWNER: The Babcock, LLC
AGENT: Bruce Harper
LEGAL DESCRIPTION: Lots 7-12 and a fraction of Lot 6, Block 93, Billings Original Town
ADDRESS: 116 N Broadway
CURRENT ZONING: CBD
EXISTING LAND USE: Doc Harper's
PROPOSED USE: same with seasonal outdoor patio
SIZE OF PARCEL: Patio will be 320 square feet on the public sidewalk

The agent, Bruce Harper, has submitted a request to the State Liquor Licensing Division to alter the premises to include a 320 square foot outdoor patio for patrons. The agent has applied for a City of Billings Encroachment Permit from the City Engineering Division and has opened discussion with the Parking Division regarding the 3 on-street parking spaces that will be impacted by the proposed patio.

The property received special review approval to locate an all beverage license without gaming (SR 918) in 2014. This area of downtown has received 26 other special review approvals to locate liquor licenses.

NORTH:	Zoning: CBD Land Use: Retail business
SOUTH:	Zoning: CBD Land Use: Retail businesses
EAST:	Zoning: CBD Land Use: Retail businesses
WEST:	Zoning: CBD Land Use: The Babcock Theater

The applicant is requesting permission to install an outdoor seasonal patio on the public sidewalk outside the main entrance for Doc Harper's at 116 N. Broadway. The applicant will use materials easily removed at the end of the outdoor season so no permanent structures or encroachments are proposed at this time. The City has approved permanent encroachments for several downtown restaurants with on-premise alcohol service. The first location granted a permanent encroachment was Montana Brewing Company in April 2000, directly across the street from Doc Harper's. Since 2000, the City has granted several other permanent encroachments for outdoor patios including the Travel Cafe (now Broadway Deli) at 313 N Broadway, the Carlin Hotel at N 25th St and Montana Avenue, and the Golden Phoenix (now Rowdy's) at 222 N Broadway. Other eating establishments have less formal outdoor dining with just a few tables and chairs set out during business hours.

Places that serve alcohol must comply with state regulations about where and when patrons may be served. Local zoning regulations require a special review whenever an outdoor patio is added at a location that requires a special review for the type of liquor license on the premises. For example, a restaurant that serves beer and wine and has a gaming restricted license does not need a special review to add an outdoor patio. A microbrewery allowed by the zoning regulations does not need a special review to add an outdoor patio. All locations within the Central Business District (CBD) are exempt from the local 600-foot separation requirement to churches, schools and public parks with playgrounds.

North Broadway is a downtown commercial street with two-way traffic, on-street parking and wide sidewalks for a high level of pedestrian activity. The 2015 traffic count data indicates an average daily traffic count of approximately 4,700 vehicles per day on this section of N Broadway. The vehicle traffic on this street is lower than adjacent and surrounding arterial streets. Vehicle traffic is not indicative of commerce in the area as most businesses rely on pedestrian access for their businesses. This block of N Broadway also has a high level of use for the on-street parking. In 2000, the City allowed Montana Brewing Company to eliminate 4 parallel parking spaces in front of its property to accommodate the outdoor patio and relocation of the sidewalk into the parking lane. A similar elimination of on-street parallel parking spots occurred for the Golden Phoenix outdoor patio in the 200 block of N Broadway. The agent is negotiating with the Parking Division to mitigate the seasonal loss of 3 on-street diagonal parking spaces proposed for this outdoor patio. Mitigation may include payment of the anticipated loss of revenue, payment for retrofitting nearby parking spaces to 2-hour parking meters, and other potential solutions.

The Planning Division has reviewed the application with staff and other City departments, including Engineering and Parking. Planning is recommending conditional approval of the application. 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) the application 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 in so far that it is within the CBD district where an outdoor patio where service of alcohol may be allowed by special review. It also appears the proposal meets all of the zoning requirements within the CBD. The application also conforms to the second and third criteria. The zoning regulations adopted by the City Council have designated several zoning districts where outdoor patios may be allowed where alcohol is served. The CBD zone is one of those districts. The adjacent properties are not primarily residential and have similar customer and employee traffic. There are several apartments above ground floor businesses in this area so restrictions on outdoor events on the patio are proposed. The proposed seasonal outdoor patio will allow Doc Harper's to enjoy similar benefits as surrounding neighbors without permanently occupying the public right of way year round. The proposal is consistent with goals of the 2008 Growth Policy, specifically the goal of encouraging uses that are compatible with the character of the adjacent land use patterns. This site is surrounded by a mix of commercial businesses within the city limits. The CBD zone district is intended accommodate stores, hotels, governmental and cultural centers and service establishments at the central focal point of the city's arterial and transportation system. There are direct impacts from the proposed seasonal patio and the Planning staff has recommended several conditions to mitigate these potential conflicts. 
PROPOSED CONDITIONS:

1. The special review approval shall be limited to Unit 2 of the Babcock Building located on Lots 7 through 12 and a fraction of Lot 6, Block 93, Billings Original Town generally located at 116 North Broadway.
2. This special review is to allow the installation of a temporary outdoor patio of 320 square feet on the public right-of-way directly adjacent to the business.
3. The installation of the temporary outdoor patio will not occur before May 1 of each calendar year and shall not remain in place after October 31 of each calendar year.
4. The installation of the temporary outdoor patio shall not occur in any calendar year unless an Encroachment Permit has been issued by the City Engineering Division and a signed Memorandum of Understanding with the Parking Division is in place to off-set the loss of the 3 on-street diagonal parking spaces.
5. The installation of the temporary outdoor patio shall be in substantial conformance with the site plan submitted with the application including materials and the general location of benches, temporary sidewalks, and seating areas.
6. There shall not be any outdoor amplified music, announcement system or music system broadcast on the patio after 8 pm daily. Background music is allowed before 8 pm.
7. No signs, banners, or placards shall be posting on the fencing or benches.
8. Temporary planters or barriers will be placed at the top of the 3 on-street diagonal spaces to prevent vehicle parking against the benches and planters adjacent to the temporary walkway. The temporary planter or barrier design and placement will be determined by the City Engineering Division.
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 or zoning compliance permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The use and development of the property must be in accordance with the submitted site plan.

 

The Planning Division recommends conditional approval and adoption of the findings of the 3 review criteria for Special Review 940.