Special Review 986 – 3189 King Ave. W.  Beer & Wine with Gaming – A special review request to allow a beer and wine license with gaming for a 2,500 square foot tenant space within a 7,913 square foot multi-tenant building, in a Community Commercial (CC) zone, on Block 17A, Lot 2, Lampman Sub., a 39,907 square foot parcel of land. Presented by: Karen Husman, Planner I.

Planning staff is recommending conditional approval of the special review request. The recommendation is based on the findings of the review criteria presented in the Summary section of this report.

OWNERS: DAJ Enterprises, LLC
AGENT: Josh Benson
PURPOSE: to allow a beer & wine license with gaming
LEGAL DESCRIPTION: Block 17A, Lot 2, Lampman Sub
ADDRESS: 3189 King Ave W
EXISTING LAND USE: Commercial restaurant
PROPOSED LAND USE: Restaurant with beer & wine and gaming
EXISTING ZONING: CC

None.

SUBJECT PROPERTY	SPECIAL REVIEW #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SURROUNDING PROPERTY	Special Review #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
3141 King Av. W	435	6/10/92	All Bev.	Y	Western Empire Emporium
3121  King Av. W	527	6/6/94	Beer/Wine	Y	Western Executive Inn
3032 King Av. W	757	5/24/04	Beer/Wine	Y	Johnny Carino’s
3042 King Av. W	954	4/24/17	All Bev.	Y	Restricted Gaming
927 S 32nd St W	868	10/27/08	All Bev.	Y	Doc & Eddy's West
927 S 32nd St W	788	6/27/05	Beer/Wine	Y	Doc & Eddy's West
3150 King Av. W	784	6/27/05	All Bev.	Y	Magic Diamond Casino

NORTH:   Zoning:    R-60
                  Land Use:  Residential Single family & Residential Two-family
SOUTH:    Zoning:      CI
                  Land Use:    Gas Station, Casino, Pawn Shop, Tire Store
EAST:       Zoning:       CC
                  Land Use:  Western Empire Emporium
WEST:      Zoning:      PD
                  Land Use:  Multi-tenant retail and office space

This is a special review request to allow a beer and wine license with gaming for a 2,500 square foot tenant space within a 7,913 square foot multi-tenant building, in a Community Commercial (CC) zone.  The applicant is planning to partner with the Pie Guys Pizza, allowing the expansion of their business to allow sit down dining with the service of beer or wine.  They anticipate the placement of the beer and wine with gaming will be consistent with the neighborhood characteristics. 
 
Warden's Casinos, the prospective tenant and business partner of Pie Guys Pizza, are proactive in neighborhood involvement and local organizations.  They are currently involved and communicating with the Billings Heights Business Association. They are members of the Billings Heights Business Association, and are actively seeking to improve the safety and aesthetics of the their businesses. Expanding the established pizzeria would add approximately 10 to 20 full time positions, adding jobs to the local economy.
 
The Council has expressed concern with the number of alcohol and gaming locations within the city and how to better regulate these uses to protect neighborhoods, and improve the community character along its commercial corridors. Project ReCode has proposed major changes to how these uses will be regulated including adoption of casino, bar and restaurant definitions, making separation distances non-waivable, changing how those separations are measured, and allowing some alcohol service businesses without special review approval. If this special review is approved and the Project ReCode changes are adopted by the City Council, this location would become legally nonconforming to the required separation from a residential zone for a casino use (350 foot minimum separation with 10 or more gaming machines). If the number of gaming machines is 9 or fewer, then a separation distance of 350 feet is not required from a residential zone.

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 2016 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 has designated all CC zones can have a liquor license with gaming as long as they go through the special review process. The proposed location and site development complies with the zoning requirements.
 
The application does meet the second criteria, as it is consistent with the objectives of the 2016 Growth Policy:
Strong Neighborhoods:

• Neighborhoods that are safe and attractive and provide essential services are much desired.

Neighborhoods sharing a boundary with intense commercial uses can experience conditions detrimental to the quiet enjoyment of the area. The existing buffer between this property and the residential multifamily development to the north ensures the potential negative impacts are mitigated.

Prosperity:

• Successful businesses that provide local jobs benefit the community. Retaining and supporting existing businesses helps sustain a healthy economy.

The proposed expansion would support a local and successful business and help retain this business in Billings. The COVID-19 guidelines for bars, restaurants and casinos requires more indoor space. Allowing this expansion will improve the sustainability of this business at this location.
 
The third criteria for special review is whether the proposed use is screened and separated for the adjacent uses to minimize adverse impacts:

• The site has sufficient landscaping and buffering for the adjacent residential area. The proposed site is the southern most unit in a multi unit commercial strip, allowing structural as well as landscape buffering to the northern residential development.

 
PROPOSED CONDITIONS

1. The special review approval is for the proposed Beer and Wine license and gambling into 2,500 square foot commercial unit in the existing building located at 3189 King Avenue West, Block 17, Lot 2, Lampman Subdivision, a 39,907 square foot parcel of land. No other use is intended or implied.
2. No outdoor seating, outdoor music or outdoor public announcement systems either permanent or temporary will be allowed with this application.
3. Any new lighting on the building or within the parking lot shall have full cut-off shields so light is directed to the ground and not onto adjacent property. New light poles, including the base, shall not exceed 15 feet in total height, measured from the ground to the top of the light fixture. Lighting of signs shall be as allowed within the City Sign Code (Section 27-701 BMCC).
4. The applicant will comply with all other city codes including building, engineering and fire codes that may apply to the proposed expansion and use of the building.
5. All other limitations on expansion shall apply in accordance with Section 27-613 of the Billings Montana City Code.

Planning staff is recommending conditional approval of the special review request.