City Special Review 968– 4910 Southgate Drive- This is a special review request to allow the expansion of an outdoor beverage service area for an existing all-beverage license with gaming on Lot 1A, Block 1 of Geyser Park Subdivision, a 3.215-acre parcel of land located in an Entryway General Commercial (EGC) zone at 4910 Southgate Drive. No separation distance waiver is required for this liquor license. The proposed enclosed outdoor area for service of alcohol and other activities is ~23,300 square feet in area.  Presented by Karen Husman, Planner I.

The Planning Division recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 968.

OWNER:                                America Foods
AGENT                                  Barbara Hawkins
LEGAL DESCRIPTION:         Lot 1A, Block 1 of Geyser Park Subdivision
ADDRESS:                            4910 Southgate Drive
CURRENT ZONING:             Entryway General Commercial
EXISTING LAND USE:          Restaurant, Lounge
PROPOSED USE:                 Allow outdoor service in fenced patio/yard  
SIZE OF PARCEL:                  3.215 acres 


 

Department of Revenue - Request to Modify Premises

SUBJECT PROPERTY	Special Review #	DATE	FOR	APPROVED (Y/N)
4910 Southgate Dr.	934 939	11/23/2015 4/26/2016	All Bev. Lic./Gaming Outdoor Patio	Yes Yes
SURROUNDING PROPERTY	Special Review #	DATE	FOR	APPROVED (Y/N)
4907 Southgate Dr.	615	10/14/97	All Bev. Lic with Gaming	yes
740 S 24th St W	493	6/21/93	All Bev. Lic with Gaming	yes
740 S 24th ST W	533	7/25/94	Patio Lounge	yes
2530 King Ave. W	595	11/12/96	Beer & Wine Lic.	Yes
980 South 24th St. W	787	6/28/05	Patio Lounge	Yes

 

NORTH:         Zoning:      Entryway General Commercial - EGC
                       Land Use:   Best Western Plus/Kelly Inn and Suites
SOUTH:         Zoning:      Highway Commercial - HC
                       Land Use:   Interstate - 90 (on-ramp)
EAST:             Zoning:      EGC
                       Land Use:  Comfort Suite Hotel
WEST:            Zoning:      EGC
                       Land Use:   Extended Stay America

This is a special review request to allow the expansion of an outdoor beverage service area for an existing all-beverage license with gaming on Lot 1A, Block 1 of Geyser Park Subdivision, a 3.215 acre parcel of land located in an Entryway General Commercial (EGC) zone at 4910 Southgate Drive.
 
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 Zoning Regulations, 2) The application is consistent with the objectives and purposes of the Zoning Regulations and the 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 this zoning as an area where outdoor service of alcohol may apply for a special review. The proposed site plan meets all the requirements of the zoning regulations for setbacks, building height, clear vision areas and lot coverage. There are no churches, schools or parks with playground equipment or playing fields within 600 feet of this location.
 
The application meets criteria from the second requirement as it is consistent with some of the objectives of the Growth Policy:
Strong Neighborhoods:

• Neighborhoods that are safe and attractive and provide essential services are much desired. 

Prosperity:

• Successful businesses that provide local jobs benefit the community.

This development will allow an existing business to expand and retain local jobs. This development will help support and sustain the tax base for Billings.
 
The application also meets the third criteria in that it is compatible with surrounding land uses in the area. This site is in an already established area of Billings, with good access to transportation choices. The area provides access to essential everyday services such as restaurants, retail shopping, convenience shopping and services. 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.

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.

The Planning Division recommends conditional approval.

1. This is a special review request to allow the expansion of an outdoor beverage service area for an existing all-beverage license with gaming on Lot 1A, Block 1 of Geyser Park Subdivision, a 3.215-acre parcel of land located in an Entryway General Commercial (EGC) zone at 4910 Southgate Drive. The proposed enclosed outdoor area for service of alcohol and other activities is ~23,300 square feet in area.  No other use is intended or implied by this approval.
2. Any outdoor seating space will not be used for live, amplified entertainment or music after 10 p.m.
3. Fencing shall be in conformance with requirements of all codes that apply. A fence permit will be obtained prior to construction of the enclosure.  The site will be developed in conformance with all other applicable zoning and site development regulations.
4. The proposed development shall comply with all other limitations of Section 27-613 of the Zoning Regulations concerning special review uses, and all other City of Billings, regulations and ordinances that apply.
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. 

 
**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 or zoning compliance permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The use and development of the property must be in accordance with the submitted site plan.