The Zoning Commission recommends conditional approval and adoption of the findings of the three criteria for Special Review 989.

PROPOSED CONDITIONS

1.  The special review approval is for an all-beverage license with gaming in a 2,500 square foot commercial unit in an existing building, and addition of an outdoor patio, 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 music or outdoor public announcement systems 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. 
4. Lighting of signs shall be as allowed within the City Sign Code in place at the time of sign permit application.
5. 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 and outdoor seating.
6. All other limitations on expansion shall apply in accordance with the Zoning Code restrictions of the Billings Montana City Code.

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: expand restaurant and all beverage liquor sales and gaming
EXISTING ZONING: CC

A special review request to allow an all-beverage license with gaming for a 2,500 square foot tenant space within a 7,913 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.  They anticipate the placement of the license will be consistent with the neighborhood characteristics.  The applicant was granted approval of a beer and wine license with gaming by the City Council on October 26, 2020, and have since acquired an all-beverage license.  Additionally, they would like approval for an outdoor patio, to allow a few additional seating options with the restrictions of COVID-19 social distancing requirements.

Wardens 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.  Not only did they become members, but are actively seeking to improve the safety and aesthetics of their businesses. Expanding the established pizzeria would add approximately 10 to 20 full time positions, offering living wage 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 application is approved and Project ReCode changes are adopted by 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 some of 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. Adding outdoor seating will allow more options and spacious accommodations.
 
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 southernmost unit in a multi unit commercial strip, allowing structural as well as landscape buffering to the northern multi unit residential development.

The Zoning Commission conducted a public hearing in a virtual format on January 5, 2021, and received the staff recommendation of approval and testimony from the owner and agents. No other testimony was received.

The Commissioner discussed the request regarding a letter in opposition to the application.  The Commissioners identified the location of the opponent's residence was to the north of Henesta Drive. The Zoning Commission considered the proposed findings and testimony provided. Commission Member Trina White made a motion to recommend conditional approval of Special Review 989, the motion was seconded by Commission Member Jack King. The motion was approved by a 4-0 vote.

The City Council may:

• Adopt the findings of the three criteria as recommended by the Zoning Commission and conditionally approve the application; or
• Amend the findings of the three criteria and conditionally approve or deny the application; or
• Delay action up to 30 days.

Conditional approval of this Special Review has no impact on the Planning Division budget.