Special Review 978 - 2018 Main Street.  This is a special review request to request to locate an existing all beverage liquor license with gaming, on Block 2, Lot 11, Chamberlin Sub., a 1.37 acre parcel of land located in a Highway Commercial (HC) zone, at 2018 Main Street. No waiver of the 600-foot separation distance is required. Tax ID: C00206. Presented by: Karen Husman, Planner I.

The Planning Division recommends conditional approval.
 
Special Review applications are reviewed using City Code criteria referenced in the summary 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.

OWNER: JEM LLC 
AGENT: Jerry T. Ray
LEGAL DESCRIPTION: Block 2, Lot 11, Chamberlin Sub
ADDRESS: 2018 Main Street
CURRENT ZONING: HC
EXISTING LAND USE: Commercial Vacant tenant space
PROPOSED USE: All Beverage with Gaming   
SIZE OF PARCEL: 1.37 acres

None.

SUBJECT PROPERTY	Special Review #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
2018 Main St.	none
SIMILAR PROPERTY	Special Review #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
1520 Hansen Ln	308	2/23/87	All Bev-Lic	Y
405 Main	680	9/25/00	Beer & Wine	Y
405 Main	747	3/26/07	All Bev. With Gaming	Y
416 Lake Elmo	840	3/26/07	All Bev. With Gaming	Y
251 Main St	542	1/9/95	All Beverage	Y
1405 Main	588	2/1997	Expand All Bev	Y

NORTH:         Zoning:       HC
                        Land Use:   Commercial
SOUTH:          Zoning:       HC
                        Land Use:   Commercial
EAST:             Zoning:       HC
                        Land Use:   Commercial
WEST:             Zoning:            HC
                        Land Use:   Commercial
 

This is a special review to locate an existing all beverage liquor license with gaming, on Block 2, Lot 11, Chamberlin Sub., a 1.37 acre parcel of land located in a Highway Commercial (HC) zone.  The applicant is requesting the special review approval because they have potential tenants that have expressed interest in the space if the all beverage license with gaming is allowed.
 
The City requires a special review any time an existing or new on-premise liquor license is located within the city limits. The City does not control the number of on-premise liquor licenses that may be issued by the state. The City can specify appropriate zoning districts, separation requirements and provide for conditions of approval to mitigate any potential negative effects of the location on an on-premise liquor license.

The Planning Division has reviewed this application and is recommending conditional approval based on the review criteria (per BMCC Section 27-1503) outlined in the summary portion of this report.

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 that any on-premise liquor license with gaming would be allowed in an HC zone. The proposed site plan meets all the requirements of the zoning regulations for setbacks, building height, clear vision areas and lot coverage.
 
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 provide an additional service to those within the surrounding neighborhoods.
 
Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.
 
This special review will promote business located in this area of Billings, creating new jobs. This 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 existing commercial multiple tenant building along a major arterial corridor in northeast Billings. The area provides access to some retail shopping and commercial business 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.

The Planning Division is recommending conditional approval for an all beverage license with gaming with the following conditions;

1. This special review approval is to allow location of an existing all beverage liquor license with gaming, on Block 2, Lot 11, Chamberlin Sub., a 1.37 acre parcel of land located in a Highway Commercial (HC) zone, at 2018 Main Street, unit number one. No other use or development is intended or implied by this approval.
2. There will be no Electronic Message Display (EMD) signs allowed.  LED illumination of  the fascia of the structure will not be allowed.
3. The proposed development shall comply with all other limitations of Section 27-613 of the Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.
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. 

**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.