Regular 3.
Regular City Council Meeting
- Meeting Date:
- 08/27/2018
- TITLE
- Special Review 968 - Public Hearing
- PRESENTED BY:
- Nicole Cromwell
- Department:
- Planning & Community Services
Presentation:
Yes
PROBLEM/ISSUE STATEMENT
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. Tax ID: A28409.
ALTERNATIVES ANALYZED
City Council may:
- Approve the request;
- Conditionally approve the request;
- Deny the request;
- Allow the applicant to withdraw the request; or
- Delay action on the request for up to 30 days.
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
BMCC 27-1503 provides the procedures and criteria for Special Reviews. This application conforms to the first criteria in so far that the zoning regulations adopted by the City Council have designated that any on premise liquor license in a EGC zone 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. Infill development and development near existing City infrastructure may be the most cost effective.
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.
FINANCIAL IMPACT
Any site improvements will adjust the taxable value and property tax revenue from the property will increase. However, the building is an existing structure so the taxable value may not change significantly. The City will adjust its zoning and parcel area based annual assessments such as arterial construction, storm water management and street maintenance.
BACKGROUND
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.
STAKEHOLDERS
The Zoning Commission conducted a public hearing on August 7, 2018, and received the staff recommendation and testimony from agents Barbara and Dan Hawkins. There was no other testimony from the public or surrounding property owners.
Barbara Hawkins said the reason for the request is to expand the fenced in area for outdoor service. She explained they would like to have volleyball and possibly a horseshoe game area for entertainment.
The Zoning Commission closed the hearing and a motion was made by Michael Boyett to recommend conditional approval and adoption of the findings of the 3 criteria for Special Review 968. The motion was seconded and the Commission voted 4 in favor and none opposed to the motion.
Barbara Hawkins said the reason for the request is to expand the fenced in area for outdoor service. She explained they would like to have volleyball and possibly a horseshoe game area for entertainment.
The Zoning Commission closed the hearing and a motion was made by Michael Boyett to recommend conditional approval and adoption of the findings of the 3 criteria for Special Review 968. The motion was seconded and the Commission voted 4 in favor and none opposed to the motion.
CONSISTENCY WITH ADOPTED POLICIES OR PLANS
The Consistency with Adopted Plans and Policies is discussed in the Alternatives Analyzed section above.