This is 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 the new Blaze Pizza restaurant in a vacant 2,700 square foot tenant space in the multi-tenant building at 316 S 24th St West. The property is described as Parcel A-1 of C/S 1136, 2nd amended, a 36.82 acre parcel of land (Rimrock Mall property) located in a Community Commercial (CC) zone. The business and on-premise consumption of beer and wine is allowable in Community Commercial zones. The special review request is for the waiver of separation distances to playing fields and schools.

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 and are not zone changes on property. These reviews 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; or
• Delay action on the request for up to 30 days.

APPLICATION DATA
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, application is for one 2,700 sq. ft. Tenant Space

The Planning Division reviewed the application and recommended conditional approval of Special Review 969 and the waiver of the 600-foot separation requirement. The Zoning Commission concurred with the recommendation on a 5-0 vote.

Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria per BMCC 27-1503:
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 is allowed.

The application meets criteria from the second requirement and is consistent with some 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 greater 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.

PROPOSED CONDITIONS:

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 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.

There will be little to no financial impact as the commercial space is existing, although it is currently vacant.

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 City 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 by the City Council to allow the sale of alcoholic beverages in this location. Per BMCC 27-612, 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 is less than 600 feet. Steward Park is immediately adjacent to the western boundary while Central Heights Elementary, located east of S. 24th Street West, is separated by approximately 392 feet. Physically, the building where the proposed Blaze Pizza will be located is approximately 1,120 feet from Stewart Park and 860 feet from Central Heights Elementary School. Both the park and school have barriers that separate them from the restaurant.  Stewart Park is visually blocked by Rimrock Mall. Central Heights Elementary School 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 City Zoning Commission conducted a public hearing on September 4, 2018, received the staff recommendation and testimony from the applicant and agent. Steve Zeier, agent, stated this would be the first Blaze Pizza in Montana and would be a great location. He reiterated the restaurant would have beer and wine with no gaming. Commissioner Ulvestad asked what type of services would be provided. Mr. Zeier stated that it is a sit-down pizza restaurant and would promote local products. Mr. Zeier further explained that the pizza counter is a "pick your own topping". Mr. Ulvestad further inquired how Lucky Lil's in the mall got its approval. Zoning Coordinator Nicole Cromwell stated its was granted a waiver at that time. She explained the same requirements are in place, but the criteria for special review has changed. Matthew Colebank, applicant, explained the intent of the business is to be able to build your own pizza and by the time your drinks are served, the pizza is ready. Commissioner Boyett asked if a drive-thru service would be allowed. The applicant stated that take out is an option in addition to the sit-down restaurant. Commissioner Michael Larson asked about the opening date. Mr Colebank stated they have a building permit and are currently remodeling. The goal is to obtain the Certificate of Occupancy by September 21st. However, service of alcohol would be dependent on the City Council's approval of the Special Review application at its September 24 meeting.

Commissioner Larson motioned to grant conditional approval of the 600 ft waiver. The motioned was seconded by Commissioner Boyett. The motioned passed on a 5-0 vote.

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