City Special Review #947 - 1524 Main Street - A special review request to locate an all beverage license with gaming in a remodeled and expanded building (6,150 square feet total) in a Highway Commercial (HC) zone, on Lot 1A, Block 1 of Arrowhead Sub Amended, a 38,928 square foot parcel of land. The property is requesting a waiver of the 600-foot separation distance from Arrowhead Park. Tax ID: A02526. 
Presented by Dave Green, Planner II.

The Planning Division is recommending conditional approval.
 

OWNER: The Pauline Staley Trust
AGENT: AT Architecture
LEGAL DESCRIPTION: Lot 1A, Block 1, Arrowhead Subdivision Amended
ADDRESS: 1524 Main Street
CURRENT ZONING: Highway Commercial
EXISTING LAND USE: Former KFC Location
PROPOSED USE: Casino, Bar and Liquor Store
SIZE OF PARCEL: 38,928 square feet

None

The City Council has conditionally approved 7 locations for on premise service of alcohol in this area of the Billings Heights since 1984. Most of these locations were for casinos with bars.  There was one in the area for drive up service of a fast food restaurant.  The other 6 were for either an all beverage license with gaming or a beer and wine license with gaming.  One special review application for beer and wine was denied in 1985.
 

NORTH:	Zoning: HC Land Use: Commercial / Western Security Bank
SOUTH:	Zoning: HC Land Use: Commercial / Valet Today Cleaners
EAST:	Zoning: HC Land Use: Commercial / Ace Hardware
WEST:	Zoning: Residential 7000 (R-70) Land Use: Parking Lot

This is a request to allow the remodeling and addition to an existing building for a casino with an all beverage license.  The property is approximately 0.89 acres and is located south of the intersection of Main Street and Wicks Lane.  The subject property is surrounded mostly by commercial uses with residential uses to the east, and southeast.  Directly surrounding the property is Western Security Bank to the north, Valet Today Cleaners to the south, Ace Hardware across Main Street to the east, and a parking lot to the west.  Farther west of the parking lot are residential uses.  On the northwest corner of the intersection of Sioux Lane and Main Street is Play Inn Steakhouse and Casino.  Play Inn Steakhouse and Casino is closer than the 600-foot separation from a playground in a park similar to the situation of the subject property.  The Play Inn has been in use as a casino since 1963, which was before the current zoning requirements.   
 
This application does not meet one of the requirements of Section 27-612 (a)(1) BMC which is the required separation of 600 feet between property lines from an eating and drinking establishment with on premise consumption of alcohol from any building that is predominantly used as a church or school, or from a public park that contains a children’s play area.  The 600-foot separation is between property lines.  Measuring from the southwest corner of the subject property to the northeast corner of the public park is approximately 314 feet.

In Section 27-612 (a) (1) BMC there are some exceptions that may be considered to allow the City Council to waive the separation requirement.  The exceptions include: An Arterial Street separates the properties; A building or buildings obstruct the view between the separate uses; and there is no direct physical access that exists between the two uses. One criterion that may be applied in this case by the City Council in consideration of waiving the 600-foot separation is, "A building or buildings obstruct the view between the separate uses."  The existing structure is not visible from the playground area in Arrowhead Park.  There is a restroom building in the park that obstructs views in the direction of the proposed casino and several houses beyond the restroom building also obstruct direct view.  It is not possible to see the subject property of this special review where the new casino would be located from the playground area in Arrowhead Park. 

A second criterion for consideration of a waiver of the 600-foot distance is "No direct physical access that exists between the two uses."  There are no sidewalks between the two uses.  Crow Lane is paved but has no curbs, gutters or sidewalks.  Flathead Street is a gravel street with no pedestrian facilities.  Therefore, this application meets two of the three exceptions for the waiver of the 600-foot separation requirement, and the Council may consider waiving the separation requirement.

Section 27-612 of the Billings, Montana City Code (BMCC) requires a 600-foot separation of an eating or drinking establishment that has on premise consumption of alcohol from any building that is predominantly used as a church or school, or from a public park that contains a children’s play area. The BMCC is more restrictive than the State Law (MCA 16-3-306) requiring a similar separation distance. The City requirement measures the distance from property line to property line and the state requirement measures from entrance door to entrance door, provided both locations are on the same street.
 
The Planning Division has reviewed this application 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 2016 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, in so far, that it is in a district that allows a casino with an all beverage license. The proposed building, landscape requirements, and solid waste storage requirements will meet the code requirements for this zone.  New landscaping will be installed around the building and along the street frontage and in the parking lot. The property will have access off of Main Street as well as Crow Lane.  The application meets criteria from the second requirement as it is consistent with some of the objectives of the 2016 growth policy as outlined below.  It also meets the third criteria in that it is compatible with surrounding land uses in the area.  It is a business proposal on a very busy road and will provide some screening from Main Street for the residential properties that are west of the subject property.  It currently has mature trees to the west that will continue to screen it from the existing residential property and the front of the building faces east away from the residential properties to the west.
 
Prior to any recommendation to the City Council, the Zoning Commission shall consider the following:

1. Is the new use designed in accordance with the Growth Policy?

The proposed special review is consistent with the following guidelines of the 2016 Growth Policy:

• Essential Investments: Infill development and development near existing City infrastructure may be the most cost effective.
       The proposed special review will provide infill development in an existing empty building with updated parking lot and landscaping.  The reuse will retain existing infrastructure and not add new burden to the system.
• Strong Neighborhoods: Implementation of the Infill Policy is important to encourage development of underutilized properties.
        The proposed special review will allow the applicant to reuse an existing empty structure by remodeling and expanding the building and putting a new business in a currently unused building.
• Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.
       The proposed special review will support a new business in an existing location and retain and diversify career opportunities at this location.
             
  Planning staff is recommending conditions for this special review based on the approval criteria for special review uses. The existing building will be remodeled including an addition to the north, and there is not visibility from the public park play area and entry to the proposed casino.

The Planning Department recommends conditional approval.
 
PROPOSED CONDITIONS

1. The special review is limited to Lot 1A, Block 1 of Arrowhead Sub Amended, generally located at 1524 Main Street. 
2. The special review approval is for the remodeling and construction of a 6,150 square foot building for a casino with and all beverage license with gaming no other use or development configuration is intended or implied by this approval. 
3. Any expansion of the proposed building or parking lot greater than 10 percent of what is shown on the submitted site plan 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.
5. No construction or demolition activity will occur before 7 am or after 8 pm daily. 
6. New trees shall not be any of the following species: Carolina poplar, other populus subspecies including any variety of aspens, elms, lombardy poplar, silver leaf poplar, weeping willow, or box elder. All installed trees will be continuously maintained and replaced as necessary by the owner. 
7. 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 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. 
8. The site will be developed in substantial conformance with the submitted site plan including landscaping, parking and building locations and also includes the blocking off of the existing drive up service lane. 
9. Any outdoor announcement system shall be operated so it is not audible beyond the property lines. 
10. 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. 
11. 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.