City Special Review 951 – 805 24^th St West – Suite 1 – A special review request to locate a beer and wine license with gaming in a 1,563 square foot tenant space (Suite 1) in a multi-tenant building, in a Community Commercial (CC) zone, on the North 408.375 feet of the South 544.5 feet of Lot 21, less the West 10 feet, Arnold Subdivision, 2^nd filing, a 1.43 acre parcel of land. Tax ID: A02522. Presented by Dave Green, Planner II.
 

The Planning Division is recommending conditional approval.
 

OWNER: Plaza 24, LLC
AGENT: James Healow
LEGAL DESCRIPTION: North 408.375 feet of the South 544.5 feet of Lot 21, less the West 10 feet, Arnold Subdivision, 2nd filing
ADDRESS: 805 24th Street West, Suite 1
CURRENT ZONING: Community Commercial
EXISTING LAND USE: Vacant tenant space in a strip mall
PROPOSED USE: Casino with Beer and Wine License
SIZE OF PARCEL: 1.43 acres

None

Subject Property – none
 
Surrounding Property –  There have been many zoning actions in this subdivision.  Arnold Subdivision has had 53 zoning applications for Special Reviews, Variances and Zone Changes.  There have been 9 special review requests in this subdivision, some for casinos, parking lots on residentially zoned property, drive up window service and a cell tower.  One special review was denied for a casino but was later proposed again and was granted.
 

NORTH:	Zoning: Residential Multi-Family Restricted / Residential 7000 (R-70) Land Use: Residential multi-family
SOUTH:	Zoning: Community Commercial Land Use: Commercial
EAST:	Zoning: R-70 Land Use: Residential
WEST:	Zoning: R-70 Land Use: Residential across 24th Street West

This is a special review request to allow a beer and wine license with gaming for a proposed new Casino at 805 24^th Street West, Suite 1. The property has frontage along 24^th Street West and is in a newer strip mall that was constructed in 2008, according to State Orion property information. The property is already developed with all existing infrastructure facilities and the needed parking.  No additional infrastructure requirements will be needed.  The 16,990 square foot building has multiple tenants. Suite 1 formerly had a frozen yogurt business in it but that business is no longer open.  The applicant is not proposing an outdoor patio and there is no area available on the property for such a proposal.  There are no churches, parks with playing fields or playgrounds, or schools within 600 feet of this proposed location.
 
24^th Street West carries about 22,000 vehicles per day on this section of the roadway.  This is a built out area of Billings and the amount of traffic will not be affected by the addition of the proposed casino in this location. 
 
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) 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 the zoning regulations adopted by the City Council have designated that community commercial zoning districts allow a casino with a beer and wine license with gaming. The building, landscape requirements, and solid waste storage meet the code requirements for this zone.  The property will have access off of 24^th Street West.

The application meets criteria from the second requirement as it is consistent with some of the objectives of the 2016 Growth Policy:

• Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired.
  The proposed special review will provide business use in an existing empty suite within a building with a parking lot and landscaping.  The use is in a development that is fully developed and has most suites occupied near residential and other commercial uses. This will provide an additional service to those residents within their neighborhood and travelers along 24^th Street West.
• Strong Neighborhoods: Neighborhoods that are safe and attractive and provide essential services are much desired
  The proposed special review will allow the applicant to use an existing structure and putting a new business in a currently unused suite.  This will provide an additional service to the community in the area.
• 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 diversify career opportunities at this location.
   
  The application also meets the third criteria in that it is compatible with surrounding land uses in the area.  This site is in a transitional area of Billings, with residential, community service type businesses and commercial uses next to each other.  There are minimal impacts from the proposed use that need to be mitigated. The conditions recommended with the special review should mitigate impacts on the site and the surrounding properties. 

The Planning Department recommends conditional approval.
 
PROPOSED CONDITIONS
 
1. The special review approval is for the location of a beer and wine license with gaming on the North 408.375 feet of the South 544.5 feet of Lot 21, less the West 10 feet, Arnold Subdivision, 2nd filing generally located at 805 24^th Street West, Suite 1 no other use is intended or implied.
2. Any expansion of the casino greater than 10% will require an additional special review approval.
3. There shall be no outdoor public address system or outside announcement system, whether permanent or temporary, of any kind.
4. 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.
5. 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.

Zoning Commission Action
 
The City Zoning Commission shall make a recommendation to the City Council to:
 
1.       Deny the application for a special review use.
2.       Grant the application for a special review use.
3.       Conditionally grant the application for a special review use.
4.       Delay action on the application for a period not to exceed thirty (30) days.
5.       Give reasons for the recommendation.
 
Before approving a special review use, the Zoning Commission shall find that the contemplated use:
 
1.       Complies with all requirements of this Article (27-1500);
2.       Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan;
3.       Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.
 
Further the Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following:
 
1.       Street and road capacity;
2.       Ingress and egress to adjoining streets;
3.       Off-street parking;
4.       Fencing, screening and landscaping;
5.       Building bulk and location;
6.       Usable open space;
7.       Signs and lighting; and/or
8.       Noise, vibration, air pollution and similar environmental influences.