Special Review 975 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 property used for a religious institution. The proposed restaurant space is 4,000 square feet and within a 15,000 square foot building, on Lot 2, Block 1, Shiloh Commons Sub, a 1.42-acre parcel of land located in Community Commercial (CC) zone. Tax ID: A36378. 

Special Review applications are reviewed using BMCC, Section 27-1503, 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; or
• Delay action on the request for up to 30 days.

APPLICATION DATA
OWNER: Grant Road, LLC
LEGAL DESCRIPTION: Lot 2, Block 1, Shiloh Commons Sub
ADDRESS: 149 Shiloh Rd.
CURRENT ZONING:CC
EXISTING LAND USE: Mixed use
PROPOSED USE: Restaurant serving Beer & Wine    
SIZE OF PARCEL: 1.42 Acres

Before a recommendation of approval or conditional approval can be made, each special review request must demonstrate conformance with three primary criteria per BMCC, Section 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.
 
The Planning staff has reviewed the request and the City Zoning Commission held a public hearing on May 7, 2019. The Zoning Commission is forwarding a recommendation for conditional approval.  
 
This application conforms to the first criteria in so far that the zoning regulations adopted by the City Council have designated CC zoning districts for restaurants with beer and wine licensed on them as long as they go through the special review process.  There are requirements for landscaping and screening from residential uses next to commercial uses within the zoning regulations.
 
The application meets criteria from the second requirement, as it is consistent with objectives of the Growth Policy:
 
Essential Investments:

• Strong Neighborhoods and Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired.

The proposed special review will be located into an already developed commercial park and will have little negative impact on any surrounding residential neighborhoods.

• Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.

This business will provide local jobs supporting the community.
 
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.
 

Conditionally approving Special Review 975 will have no direct fiscal effect on specific budgets or departments in the City.

This is a special review request to allow a Restaurant Beer & Wine License (no gaming).  Specifically, the waiver of the 600-foot separation distance as per City zoning regulations. The property is located less than the required 600 feet – measured property line to property line – from a property used for a religious institution, Faith Chapel. The proposed restaurant space is 4,000 square feet within a 15,000 square foot building.  This property is approximately 400 feet measured from property line to property line from the church, however measuring from structure to structure it measures more than 900 feet.  There are structures between the church property and the subject property that will obstruct the view from the church.  The church building also is set more than 400 feet back from the property line.

The Zoning Commission conducted a public hearing on May 7, 2019, and received the staff report and recommendation as well as testimony from the applicant’s agent. Planning Staff made a brief presentation of the application and the proposed project. Commissioner Larson asked staff why the adjacent school was not affected by the 600 foot separation requirement.  Staff clarified the university was for education of adults, and did not offer classes for education of children under the age of 18 years of age, there were no minor children attending the school, therefore it did not require the 600 foot separation.  

Mike Stock, the agent for the applicant said the proposed restaurant would be open for breakfast and lunch only, and the applicant would like to serve mimosa's with their breakfast menu items.  Mr. Stock reviewed the restrictions in place for the development, specifically that the covenants and restrictions in place specify there would be no gaming in the development.  He also said there are restrictions on bars and taverns to only allow alcoholic beverages for onsite consumption if the food service is 60% or more of the business.   Mr. Stock continued, stating they had been in contact with the church and the school prior to development of the project to relieve any concerns they may have and let them know the proposed allowed uses and the restrictions on the type of uses that would be allowed throughout the development of Shiloh Commons.  He concluded with the information on mixed uses in the development - there will be basement parking, ground floor commercial and retail uses, and three floors of apartments for residential use, along with a roof top amenity.

Commissioner Ulvestadt said he appreciated the effort that was made to communicate with the neighboring property owners and it was nice to see the letter from the church supporting the project.

There were no others in attendance wishing to speak about the application.

The public hearing was closed and Commissioner Ulvestadt made a motion to forward a recommendation to the City Council to approve Special Review 975 with the recommended conditions. The motion was seconded by Commissioner Larson and passed with a 4-0 voice vote.

Discussion of the application's consistency with adopted plans and policies, including the City of Billings 2016 Growth Policy, is included in the Alternatives Analyzed section of this memo.