City Special Review #948 - 4010 Montana Sapphire Drive - A special review request to locate an all beverage license with gaming in a 3,534 square foot tenant space in a new multi-tenant building, with an outdoor patio in an Entryway Light Industrial (ELI) zone, on Lot 8C of Block 1, Montana Sapphire Subdivision, a 1.939-acre parcel of land. The property received a previous special review to locate a beer & wine license with gaming (SR 930). Tax ID: A34623. Presented by Dave Green, Planner II.
 

The Planning Division is recommending conditional approval.
 

OWNER: Sapphire Plaza LLC
AGENT: James Healow
LEGAL DESCRIPTION: Lot 8C, Block 1, Montana Sapphire Subdivision
ADDRESS: 4010 Montana Sapphire Drive Suites 4 and 5
CURRENT ZONING: ELI
EXISTING LAND USE: Newly Constructed vacant strip mall
PROPOSED USE: Casino, Bar and Liquor Store
SIZE OF PARCEL: 1.9 acres

None

The City Council has conditionally approved 24 locations for on premise service of alcohol in this area of West Billings since 1985. Most of these locations were for restaurants with just a few for bars with casinos, such as Montana Lil's at 2850 King Ave West approved in 2008. There are three bars and casinos in Montana Sapphire Subdivison at this time - Manny's (2008), Tinseltown Casino (2007) and Dotty’s Casino (2015). The City Council approved a location for an all beverage license without gaming for the Divide Restaurant and Bar (2015).The subject property also received a previous special review to locate a beer & wine license with gaming (SR 930).

NORTH:	Zoning: ELI Land Use: Commercial
SOUTH:	Zoning: Public Land Use: Wetland conservation area
EAST:	Zoning: Controlled Industrial Land Use: Commercial
WEST:	Zoning: ELI Land Use: Vacant Land

This is a special review request to allow a beer and wine license with gaming for a proposed new Casino, Sapphire Lounge and Casino, at 4020 Montana Sapphire Drive. The property has frontage along Shiloh Road and is directly south of the former Steak & Shake Restaurant at 4002 Montana Sapphire Drive. The property is within the South Shiloh Corridor Overlay District so additional landscaping, building design and signage standards apply to the development. The 10,502 square foot building will have multiple tenants. Dotty's Casino occupies 4,000 square feet of the north end of the building. Sapphire Lounge and Casino will occupy 3,534 square feet on the south end of the building.  They are also proposing an outdoor patio on south end of the building between the building and parking lot.  There are no churches, parks with playing fields or playgrounds, or schools within 600 feet of this proposed location.
 
Shiloh Road carries about 10,000 vehicles per day on this section of the roadway. This volume of traffic is similar to Rimrock Road, Poly Drive and S 32nd Street West. The traffic volume on Shiloh Road has been steadily increasing since its reconstruction was completed in 2010. As additional dwellings and businesses are developed along the corridor, the traffic volume should increase. Access to the property is from the Montana Sapphire Drive that connects to Shiloh Road to the northeast. The intersection at Shiloh Road is a stop controlled intersection access. Exiting traffic must travel south bound on Shiloh Road and continue to the roundabout at Shiloh Crossing Boulevard to travel north bound on Shiloh Road. North bound traffic on Shiloh Road has a left turn west onto Montana Sapphire Drive and south bound traffic has a right turn west. There are no left turns to exit Montana Sapphire Drive and go directly north on Shiloh Road. A center raised median prevents any U-turns or illegal left turns onto Shiloh Road.
 
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, solid waste storage will meet the code requirements for this zone.  The property will have access off of Montana Sapphire from Shiloh Road.  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 is in a newly developing part of town with a lot of commercial uses surrounding it. There is dense multi-family development further west.  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.  The Montana Sapphire Subdivision is not yet fully developed so additional businesses and residents will help to improve the area. The new Shiloh Conservation Area is an amenity for this subdivision. 

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 new 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 development in an existing new building in a development that is still building out with other businesses and high density residential in area that already has City services and infrastructure. This will provide an additional service to those residents within the neighborhood.
• 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 and provide employment opportunities at this location.
     
  Planning staff is recommending conditions for this special review based on the approval criteria for special review uses.

The Planning Department recommends conditional approval.
 
PROPOSED CONDITIONS
 
1. The special review approval is for the location of an all beverage license with gaming on Lot 8C of Block 1, Montana Sapphire Subdivision and no other use is intended or implied.
2. Any expansion of the casino or patio greater than 10% will require an additional special review approval.
3. The outdoor patio shall have a continuous 4-foot fence around the perimeter with "exit only" gates as required for public safety. There will be no direct entrance from the parking area to the fenced patio area except through the restaurant.
4. There shall be no outdoor public address system or outside announcement system, whether permanent or temporary, of any kind.
5. The patio is allowed to have background music or un-amplified live music. Background music is defined as amplified music that is not audible beyond the patio perimeter.
6. 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.
7. 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.