This is 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, 2nd filing, a 1.43-acre parcel of land.

Special Review applications are reviewed using City Code criteria referenced in the Alternatives Analyzed section of this memo. Special reviews do not require an ordinance for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.

 

City Council may:

• Approve the request
• Conditionally approve the request
• Deny the request
• Allow the applicant to withdraw the request
• Delay action on the request for up to 30 days

APPLICATION DATA
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 N. 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
 
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 N. 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 N. 24th 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 an 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.
 
RECOMMENDATION
The Zoning Commission is forwarding a recommendation of 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 N. 24th Street West, Suite 1 and 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.
 

If the special review is approved, the property will include an additional tenant that will be assessed at a higher market rate than an empty suite. This will raise the City's tax base.
 

This is a special review request to allow a beer and wine license with gaming for a proposed new Casino at 805 N. 24th Street West, Suite 1. The property has frontage along N. 24th 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.  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.
 
Twenty-Fourth 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.
 

Staff gave a brief presentation about the proposed Special Review request for a Beer and Wine License with Gaming at the City Zoning Commission Meeting. Commission members asked how many square feet the suite is where the casino is planned. Staff responded it is 1,563 square feet. The Zoning Commission also asked  what is on the property northeast of the subject property?  Staff responded there are townhomes to the northeast.

The public hearing was opened and the applicants’ agent, James Healow, stood to speak in favor of the proposed special review.  He stated the license became available when the Alpine Casino closed.  This is a good location for a small casino with the high traffic volume on 24^th Street West.  The type of casino that is being proposed is a quiet low profile business model. Mr. Healow responded to the letter of opposition that was received (letter is attached to this memo), stating this is a good location for a small quiet type of casino and it will not cause the problems stated in the letter. 
 
Commissioner Ulvestad asked if there would be food served at this location.  Mr. Healow replied there will be no food service as the space is not big enough.  Chairman Wagner asked what the hours of operation will be.  Mr. Healow stated they anticipate 8am to Midnight.

No one from the public stood to speak in favor or opposition regarding the special review.  The public hearing was closed.    
 
Commissioner Larson made a motion and Commissioner Ulvestad seconded the motion to forward a recommendation of approval for Special Review #951 with the proposed conditions of approval.  The motion passed with a unanimous vote of 5-0.
 

Consistency with Adopted Policies and Plans is discussed in the Alternatives Analyzed section above.
 

The Zoning Commission is recommending conditional approval and adoption of the findings of the 3 review criteria for Special Review 951 on a 5-0 vote.