City Special Review 969 – 316 S 24th St W – Blaze Pizza – Beer and Wine License w/o gaming – request to waive the 600-foot separation distance - A special  review request to allow the location of a beer and wine license without gaming less than the required 600 feet – measured property line to property line – from a public park with a children’s playing field and playground (Stewart Park) and from a public school (Central Heights Elementary). The license is proposed for a new Blaze Pizza restaurant in a vacant 2,700 square foot tenant space in the multi-tenant building at 316 S 24th St West on Parcel A1 of C/S 1136, 2nd amended, a 36.82 acre parcel of land (Rimrock Mall property) located in a Community Commercial (CC). Presented by Monica Plecker, Planning Division Manager
 

Planning staff is recommending conditional approval and adoption of the findings of the 3 criteria of Special Review 969.

OWNER: Matthew Colebank
AGENT: Steven Zeier
LEGAL DESCRIPTION: S12, T01S, R25E, COS 1136, Parcel A1, 2nd Amended
ADDRESS:316 S 24th Street West
CURRENT ZONING: Community Commercial
EXISTING LAND USE: Rimrock Mall, Vacant Tenant Space
PROPOSED USE: Restaurant
SIZE OF PARCEL: 36.82 acres, 2,700 sq. ft. Tenant Space

None.

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
C/S 1136	City SR 63	April 23, 1979	Alocholic Beverages	Yes	Dos Machos
C/S 1136	City SR 88	November 24, 1980	Beer and Wine	Yes	CJ’s Restaurant
C/S 1136	City SR 98	June 8, 1981	Alcoholic Beverages	Yes	Sea Galley
C/S 1136	City SR 127	May 24, 1982	Alcoholic Beverages	Yes	CJ’s Ribs
C/S 1136	City SR 480	March 8, 1993	Beer and Wine	Yes	Sidney’s Pizza
C/S 1136	County SR 530	July 27, 1994	All Beverages	Yes	Sidney’s Pizza
C/S 1136	City SR 662	July 26, 1999	Beer and Wine	Yes	Microbrewery
C/S 1136	City SR 669	May 22, 2000	All Beverage	No	2520 Central
C/S 1136	City SR 703	July23, 2001	All Beverage	Yes

NORTH:	Zoning: Community Commercial Land Use: Retail, Mall Parking
SOUTH:	Zoning: Community Commercial Land Use: Rimrock Subaru
EAST:	Zoning: Community Commercial and Neighborhood Commercial Land Use: Commercial Strip Mall
WEST:	Zoning: Community Commercial and Public Land Use: Rimrock Mall, Stewart Park

This is a special review request to locate a beer and wine license with no gaming in the tenant space located at 316 South 24th Street West in association with a new restaurant in an existing building. The 2,700 sq.ft. space will house the proposed Blaze Pizza. The building is located northwest of the intersection of 24th Street West and Phyllis Lane. The tenant space is located on a 36.82 acre parcel that contains the Rimrock Mall and shares a western boundary with Stewart Park. The local zoning code requires a property line to property line separation between locations that serve alcohol and any property used primarily for a church, a school, or public park with playgrounds or playing fields. The proximity of Stewart Park and Central Heights Elementary School will require a waiver from the City Council to allow the sale of alcoholic beverages in this location. A waiver may be granted when 1 or more conditions exist such as the lack of a pedestrian connection, visual barriers between the locations or separation by an arterial street. 

The tenant space located at 316 South 24th Street West is physically located more than 600 feet away from both Stewart Park and Central Heights Elementary School, however, because the tenant space sits on a roughly 36 acre parcel, when measured property line to property line the distance does not exceed 600 feet. Steward Park is immediately adjacent to the western boundary while Central Heights Elementary is separated by approximately 392 feet. Physically, the building where the proposed Blaze Pizza will be located to the nearest property line is approximately 1,120 feet to Stewart Park and 860 feet to Central Heights Elementary School. Both the park and school have barriers that separate them from the location of the restaurant. Stewart Park is visually blocked by Rimrock Mall. Central Heights Elementary Schools is blocked visually by a commercial strip mall, a principal arterial, South 24th Street West, and residential homes. The Planning staff recommends the 600-foot separation requirement be waived for this application.

The tenant space is located in an existing commercial area and is part of the property where Rimrock Mall is located. The property has access to good transportation choices. Access closest to the tenant space is served by a principal arterial, South 24th Street West.

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 on-premise service of alcohol may be allowed by special review approval.

The application meets criteria from the second requirement and is consistent with the objectives of the 2016 Growth Policy:
Essential Investments: 

• Infill development and development near existing City infrastructure may be the most cost effective

Community Fabric:

• Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity

Strong Neighborhoods:

• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction
• Implementation of the Infill Policy is important to encourage development of underutilized properties

Prosperity:

• Successful businesses that provide local jobs benefit the community
• Retaining and supporting existing businesses helps sustain a healthy economy

The proposed development will fill in a vacant tenant space along a major transportation corridor and will help support a new business and make the use of an existing commercial and retail center.

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 and growing area of Billings, with good access to transportation choices. The area provides some access to essential everyday services such as restaurants, retail, entertainment, vehicle services and medical offices. There will be 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.
 

SUMMARY
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 recommending approval for a special review use, the City Zoning Commission shall find that the contemplated use:

1. Complies with all requirements of this chapter;
2. Is consistent with the objectives and purposes of this Resolution/Ordinance and the Comprehensive Plan; and
3. Is compatible with surrounding land use or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.

Further, the City 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.

Staff recommends conditional approval:

1. The special review is for 1 (one) beer and wine license with no-gaming to be located in the 2,700 sq.ft. tenant space located at 316 South 24^th Street West located at the southeast corner of C/S 1136 Parcel A1 Amended. No other special review use is intended or implied.
2. The maximum floor area for the special review use is limited to 2,700 square feet. Increases of 10% or less are allowed under this special review approval.
3. Any outdoor announcement system shall be operated so it is not audible beyond the property lines.
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 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.