This is a special review 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 at this location. Tax ID: C00206.

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: 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

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 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 2016 City 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 a business to be located in a commercial 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 in a commercial area of Billings. The area provides access to services such as restaurants, and retail shopping.
 
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.

Approval of this application will have no direct financial impact on the Planning Division budget.

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 possible 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 Zoning Commission conducted a public hearing on September 3, 2019, and received the staff recommendation and testimony from Jerry Ray, the applicant. There was no other testimony from the public or surrounding property owners.

The Zoning Commission closed the hearing and a motion was made by Commission Member Mike Larson to forward to the City Council a recommendation of conditional approval and adoption of the findings of the 3 criteria for Special Review 978. The motion was seconded by Mike Boyett, and the Commission voted 4 in favor and none opposed to the motion.
 

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