This is a special review request to allow a microbrewery and distillery that will manufacture more than 1,500, 31-gallon barrels per year and to locate an all beverage liquor license with no gaming for the proposed location of Meadowlark Brewing. The property is located in an Entryway Light Industrial (ELI) zone and within the Shiloh Corridor Overlay District, on Lot 1A, Block 2, William D Pierce Subdivision, a 2.617-acre parcel of land. Tax ID: C13950A.  

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: Travis Peterson, Meadowlark Brewing
AGENT: Nik Zuhlsdorf, Morton Buildings
LEGAL DESCRIPTION: Lot 3A, Block 2, William D. Pierce Subdivision
ADDRESS: 3970 Pierce Parkway
CURRENT ZONING: Entryway Light Industrial, S. Shiloh Overlay Dist.
EXISTING LAND USE: Vacant
PROPOSED USE: Meadowlark Brewing microbrewery and restaurant
SIZE OF PARCEL: 2.6170 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 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 ELI zoning districts for restaurants with all beverage liquor 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 partially developed commercial park and will have little negative impact on any surrounding residential neighborhoods. This property is a prime location for a project to take advantage of existing infrastructure and land prepared for commercial development.

• 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 west 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.

Approving Special Review 976 will have no fiscal effect.

This is a special review to allow a microbrewery and distillery that will manufacture more than 1,500 31-gallon barrels per year and to locate an all beverage liquor license with no gaming for the proposed location of Meadowlark Brewing.  The all beverage license will be for the restaurant portion of the brewery.  The Shiloh Overlay District will require changes to the submitted rendering of the structure. There must be modifications made to the exterior of the structure facing Shiloh Road to meet the overlay district requirements.  The property is ideal for a project to utilize existing land and infrastructure already in place, and promotes growth within areas that are already developed.

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, highlighting the proposed project location in the Shiloh Overlay District and what elevation facade requirements would be addressed through the permit review process.  Nik Zuhlsdorf, of Morton Buildings, agent for the applicant, said the proposed restaurant would be an accessory use to the brewery.  He said they would be updating the site plan and facade changes would include additional windows, and doors of glass to the Shiloh Road side of the structure, in an effort to create a patio setting in the summer months, with doors opening onto the yard and patio area.  He said they are still in the planning stages of the design of the structure, but intend to make it a family friendly restaurant adjacent to the brewery within the same building.  The restaurant would have a maximum occupancy of 300 people, would provide for the required 100 parking spaces in addition to what is required for staff parking and brewery patrons.  The revised site plan includes the new access off of Pierce Parkway.

Mr. Zuhlsdorf said the Meadowlark Brewery has outgrown its current location in Sidney, MT.   This is going to be a little different than the existing brewery with the addition of a simple restaurant.  Commissioner Ulvestad asked if the primary use was the brewery and distillery.  Mr. Zuhlsdorf said the primary use is the brewery sales, they ship across the US and Canada.  He added they are looking for a small restaurant (maybe a chain) that would bring a more family friendly type of environment.  Commissioner Ulvestad asked who they were purchasing their license from.  Mr. Zuhlsdorf said they have three potential licenses available for purchase in Billings, and they would be negotiating for those upon approval of the special review.

Commissioner Wagoner asked what the proposed time frame is for completion of the project.  Mr. Zulsdorf said they hope to start construction in July or August of 2019 and be completed by January of 2020.

Gary Pippin was the only member of the public in attendance. He asked about hours of operation and if the project would be completely fenced.  Mr. Zulsdorf said they would possibly have the restaurant portion open until midnight.  He said they have been in contact with the owners of the Pierce property adjacent to the location, and preliminarily plan to put up a fence that would match the Pierce property fencing.

Commissioner Larson asked why this microbrewery would not be limited to the restricted service and hours of operation like other brewerys in Billings.  Mr. Zulsdorf clarified the type of license being an all beverage license would allow for longer hours of operation.  It is not limited like most brewery license as a tasting room. There were no others in attendance wishing to speak about the application.

The public hearing was closed and Commissioner Larson made a motion to forward a recommendation to the City Council to approve Special Review 976 with the recommended conditions. The motion was seconded by Commissioner Ulvestad 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.