This is a special review request to locate an all-beverage liquor license (gaming restricted) in an existing 6,509 square foot building – Johnny Carino’s – on Lot 3A-1 of Studer Acreage Tracts Subdivision, in a Controlled Industrial (CI) zone, on a 1.17 acre parcel of land generally located at 3042 King Avenue West. The Zoning Commission conducted a public hearing on April 4, 2017, and is forwarding a recommendation of conditional approval.

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: Billings Properties, LLC
AGENT: Bob Pulley
LEGAL DESCRIPTION: Lot 3A-1, Studer Acreage Tracts Amended
ADDRESS: 3042 King Avenue West
CURRENT ZONING: CI
EXISTING LAND USE: Former Johnny Carino's Restaurant with All-Beverage service without gaming
PROPOSED USE: New Mexican Restaurant with All-Beverage service without gaming
SIZE OF PARCEL: 1.17 acres - 6,509 square foot building

The Planning Division reviewed the application and recommended conditional approval to the Zoning Commission. The Zoning Commission concurred with the recommendation. 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.

The application conforms to the first criteria because it is in a zoning district (CI) that allows this use and the site is developed for the proposed use. The application complies with the second criteria and is supported by some of the goals and guidelines of the 2016 Growth Policy.

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 businesses, provide employment opportunities at this location, and benefit the community with needed local services.

The application also meets the third criteria in that it is compatible with surrounding land uses in the area. This site is in a developing area of Billings, with mainly commercial, retail and service businesses for the regional market. The site has a substantial investment in city infrastructure and improvements. The building is less than 15 years old and has a long service life. A new restaurant at this location will be convenient for guests in the nearby hotels as well as the Billings community. 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 with the following recommended conditions:
1. The special review approval is for the location of an all beverage license without gaming on Lot 3A-1 of Studer Acreage Tracts Subdivision, Amended, generally located at 3024 King Avenue West. No other use is intended or implied.
2. Any expansion of the gross floor area of the building or required parking greater than 10% will require an additional special review approval.
3. The addition of an outdoor patio lounge will require an additional special review approval.
4. There shall be no outdoor public address system or outside announcement system, whether permanent or temporary, of any kind.
5. 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.
6. 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.
 

If the special review is approved, the building will be in use again and will contribute to the City's tax base. If the special review is not approved, the property may remain un-used until a new buyer is secured by the owner.

This is a special review request to locate an all beverage service without gaming in an existing restaurant building (formerly Johnny Carino's) located at 3042 King Avenue  West. A previous special review was granted for a beer and wine service with gaming for the now closed Johnny Carino's restaurant. Johnny Carino's closed in December 2016. The proposed license is for a proposed Mexican restaurant in the same building. Interior remodeling will occur but there are no plans at this time to expand the building foot print or add a patio lounge area.

There are 3 other locations within the immediate area that have received approvals for liquor licenses with gaming attached and 1 location for a beer and wine service without gaming. Normally, an all beverage license always has gaming attached. When an all beverage license is "floated" into an area - example, from Butte to Billings or Helena to Billings - the gaming is removed from the license as required by state law. Gaming cannot be attached to this license now or in the future.

King Avenue West is a 5-lane principal arterial street with average daily traffic of over 17,000 vehicle trips per day. There are traffic control signals at S 30th St West and S 32nd St West. Access to the property for west bound traffic is allowed at a median break with a dedicated left turn bay. This also provides access to Lexington Inn & Suites south of the subject property. For east bound traffic there are 2 drive approaches available. South 32nd St West is also a multi-lane principal arterial street that handles over 16,000 vehicle trips per day.
 

The Zoning Commission conducted a public hearing on April 4, 2017, and received the staff report and recommendation as well as testimony from the applicant's agent, Bob Pulley.  Casey Keith from the Lexington Hotel stated the new restaurant would be good for their business where guests could walk to an eating establishment.

The public hearing was closed and Commissioner Larson made a motion to recommend conditional approval. The motion was seconded by Commissioner Boyett.  The Commission voted 5-0 in favor of the motion.

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