Planning staff is recommending conditional approval based on the findings of the nine review criteria (BMCC 27-1623.D).

This is a special review request to establish a bar and casino on five undeveloped parcels within the Olympic Park Planned Development zone at the northeast corner of King Ave West and Shiloh Road. The applicant is Town Pump and the agent is Performance Engineering. The underlying zoning of the parcels is Community Commercial (CC). The city zoning update in February 2021 did not expunge the retired zone districts from Planned Development zones. The previous zoning has been officially archived and will be used going forward as a reference for the existing Planned Development zones that have named underlying zone districts. The use of the archived code requirements will be narrowly applied. For example, if a Planned Development does not contain a specific requirement for landscaping or signage, then the new landscaping and sign code will apply to developments within the PD zone. The Olympic Park PD zone does not have specific requirements for site landscaping or signage, so the new zoning requirements will apply. The Olympic Park PD does refer to underlying zones, so the uses allowed, allowed by special review and prohibited uses in the archived zoning for Community Commercial zones will apply. A bar and casino is a location that requires a special review both in the archived zoning code and the newly adopted zoning code. The process for special review and the required separation distances will apply to this location.

The Olympic Park Planned Development was approved by the County in December 1978 and was subsequently annexed to the city. The original underlying zoning for these parcels has not changed since 1978. A few of the adjacent blocks in Olympic Park have changed from residential to commercial zoning but were ultimately developed for residential purposes. The townhomes to the east (Cherry Creek Townhomes) for example are in a Neighborhood Commercial zone and the Shiloh Glen apartments are in a Community Commercial zone. In the new zoning code, the City Council adopted new regulations for separation of bars and casinos from residential zone districts but not from residential uses in commercial or mixed use zone districts. The new code separations are based on zoning for residential separations and based on use for churches, public parks with playgrounds and primary/secondary schools (K through 12). The subject property shares a property line with the Shiloh Glen apartments, but because the underlying zoning of Shiloh Glen is Community Commercial, the required separation to a "residential zone" does not apply. The separation to a church, public park with playground equipment, or a school does apply. There is a public park to the north of the Shiloh Glen apartments but, the park has no playing field or playground. There are no primary or secondary schools within 600 feet of the proposed building. There is a church to the west in Montana Sapphire Subdivision, however, it is over 1,200 feet from the proposed building. The proposed location meets the new code requirements for minimum separation requirements.

The new zoning code has a variety of considerations and findings before a special review use can be considered acceptable at a particular location. The requirements are set forth in Section 27-1623.D as follows:
1. The special review use is consistent with the City’s growth policy and applicable neighborhood plans, if any;
2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare;
3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood;
5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district;
6. Conditions necessary to protect the public health, safety, and general welfare can be established, including but not limited to conditions on:

Placemaking:

• Public and private partnerships are valuable for creating enhanced entryways into Billings are valuable for creating enhanced entryways into Billings.

The proposed site plan and location can be an enhancement for this fourth corner of the intersection. Planning staff is proposing conditions to enhance the entryway into Billings.

Community Fabric:

• Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity.
• Attractive streetscapes provide a pleasant and calming travel experience in urban and suburban neighborhoods.
• Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity.
• Cost-effective landscaping of public rights-of-way and entryways makes Billings more visually appealing to residents and visitors.

Planning staff is proposing conditions and enhancement for the street frontage landscaping and requirements to accommodate people who are using alternate modes of travel such as the MET Transit, bicycle or on foot.

Strong Neighborhoods:

• Walkable neighborhoods that permit convenient destinations such as neighborhood services, open space, parks, schools and public gathering spaces foster health, good will and social interaction.
• Zoning and subdivision regulations that utilize Crime Prevention Through Environmental Design (CPTED) strategies result in safer neighborhoods.
• Implementation of the Infill Policy is important to encourage development of underutilized properties.
• Public safety and emergency service response are critical to the well-being of Billings’ residents and businesses.

The applicant is proposing to allow pedestrian access to the property from the Shiloh Glen apartments. Planning staff is proposing conditions to ensure this access is safe both for the residents and for the proposed business. The proposed conditions will include special lighting and off-set pedestrian passages through the screen fencing. Lighting will be a key factor in providing customer and public safety on the property. The last 6 months shows about 285 requests for public safety services within 1/2 mile of the subject property. The majority of those calls were for disturbing the peace (noise - 180 calls) but there were also 10 DUIs, and 40 calls involving property theft. Planning recommended conditions should help reduce any potential new calls for service.

Mobility and Access:

• Development oriented to transit routes will provide more transportation choices and is preferred.

The location is on one of the fixed routes for MET Transit. The route goes south on Olympic Blvd, turns west on King Ave West and then turns south through Shiloh Crossing. Customers and employees can easily access this daily fixed route to connect to the remainder of the MET Transit system. The West End bus can pick up riders at the intersection of Olympic Blvd and King Avenue West

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

The proposed business has proven successful in providing local jobs and approving the special review would support an existing business in Billings.

Planned Growth, Appropriate Land Use, Achieving a Distinctive Community Character: (West Billings Plan)

• Promote efficient utilization of land within the West Billings planning area by promoting well-designed, more pedestrian friendly, urban development patterns with a mix of uses and an efficient, creative use of land.
• With the intent of preventing strip commercial development, the West Billings planning area should contain commercial nodes of varying sizes located at the intersections of arterial streets.
• Large commercial stand-alone development lacking amenities such as landscaping and varied roof-lines, generally known as “big box,” as exists along King Avenue near 24th Street West, is not appropriate to the desired character of West Billings west of or along Shiloh Road.
• Commercial nodes should contain business development sites of various sizes to accommodate a variety of businesses.
• Create identifiable, pedestrian-oriented commercial developments with focal points, opportunities for mixed-use areas that aesthetically combine residential and commercial buildings, residential subdivisions, and park areas that link neighborhoods through a linear open space network, subdivision entryways and special arterial treatments.
• Provide a consistent and abundant network of landscaping along streets and in parking areas by the creation of street tree planting, landscaped streetscapes, and aesthetic site improvement qualities throughout West Billings, and assure there is adequate room for utility placement in the right of way.

The proposed development plan and site development will help achieve some of the stated goals of the West Billings Plan. The intent is to provide pedestrian access to the site, provide landscaping along the street frontage, a building design that complements the existing entryway corridor of Shiloh Road and a safe lighting plan to minimize crimes of opportunity.

2. The establishment, maintenance, or operation of the special review use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare.
Applicant: Town Pump takes pride in the facility design and employee training it provides to ensure safe and responsible entertainment for its customers.  All employees go through TIPS training which teaches employees responsible and safe serving practices as well as Montana laws and regulations as it relates to operating a liquor and gaming facility. The facilities are built with extensive security systems and secure entry systems at the doors. Security cameras on the outside of the building monitor exterior movement and operations while internal cameras capture customer ID upon entrance into the facility. The facility will be set up to operate at a high level of security while providing a service to the neighborhood and community.
Staff: Service stations and convenience stores do experience crimes mainly of opportunity. The addition of this business to this area will increase these types of crimes at this location. The site is a large site and will not have obvious or immediate access to the adjacent neighborhoods. Vehicle access will be from King Ave West and from Shiloh Road. There is a plan for pedestrian access from the Shiloh Glen apartment property, but this access will not be readily visible for most visitors who arrive by automobile. The applicant has provided a lighting plan that shows very few areas on the site that have low light levels during the evening hours. Most Town Pump facilities are open 24-hrs and this presents special circumstances for crime prevention. Staff believes the site is safely designed and has recommended conditions to improve the safety features of the site.

3. The site for the proposed use is adequate in size and topography to accommodate the use while meeting the other requirements of this Zoning Code, including zone district dimensions, landscaping requirements, and parking.
Applicant: The proposed improvements will incorporate landscaped boulevards and internal landscaping to visually improve the area for neighbors and the traveling public. A site layout is provided with the application to show the facility orientation on the lot. Boulevard landscaping will be improved along King Ave. and Shiloh Road along with a vegetative buffer strip along the northern property line. The developer will plant shrubs through the area as additional landscaping to help aesthetically and with noise buffering. The site layout will meet parking requirements for the City of Billings and provide sufficient room for safe travel within the site. Additionally, an electric car charging station is incorporated to the site to accommodate electric cars within the community. As it is currently laid out the facility meets all zoning and PUD layout requirements.
Staff: Staff agrees with the applicant and has recommended conditions that will improve the King Ave W and Shiloh Road landscaping, provide a buffer to the Shiloh Glen apartments and meet the zoning district requirements.

4. The special review use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood.
Applicant: The proposed facility will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor will it substantially diminish property values within the neighborhood. PE staff held a neighborhood meeting having mailed over 100 neighbors regarding the project. Only one neighbor chose to log in and participate in the meeting, showing little interest or concern by the community about the project. The project was also presented to the West End Task Force in which it received minimal comment or question. The concerns generally revolved around hours of operation of the facility and making sure proper buffering could and would occur for the neighboring apartment complex. Those comments and concerns have been addressed and incorporated into the design of the facility as presented in this application. No data exists to show that commercial businesses or liquor and gaming facilities located in a properly zoned district have driven down property values for neighboring properties.
Staff: All Town Pump locations in Billings are open 24-hours a day. There are no other 24-hour a day businesses currently located in the vicinity of this neighborhood. The theater in Shiloh Crossing operates later than other businesses but generally is not open later than midnight. This will be a new condition for the adjacent properties. Diminishment of property value is not likely in this case especially if the applicant adheres to the conditions of approval and maintains the required buffer and screening to the adjacent neighborhood. There is no planned outdoor patio or entertainment on the site that would cause substantial noise and disruption to the neighbors. Property values should not substantially diminish from the property use.

5. The special review use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district.
Applicant: The proposed facility and use will not impede the normal improvement of the surrounding properties. The new facility fits in as a large commercial operation with the other business located at the intersection of King Ave. and Shiloh Road which is a major arterial intersection. The infill project will provide a level of certainty to surrounding properties once constructed knowing the formal use of the vacant property. The proposed project will meet the building and design standards present in the PUD and City of Billings Building Code. Additionally, Town Pump has an outstanding record and reputation of maintain and operating their facilities at a high level. Town Pump assures that the site is clean and operates within local and state rules and regulations to maintain safety and provide consistency to the neighborhood.
Staff: As the capstone development on the only undeveloped corner of the intersection of King Avenue West and Shiloh Road, the Town Pump bar and casino operation would not impede the continued development of the surrounding property to the west or south. Property to the east and north is fully developed. There are a few other casinos in the area to the west and south including Dotty's and the Sapphire Lounge & Casino. The St Vincent's Healthcare Subdivision to the west is also a Planned Development zone district, with strict controls on uses and site development. The Town Pump location should not impede the continued development of this subdivision.

6. Conditions necessary to protect the public health, safety, and general welfare can be established.
Staff recommends the following conditions of approval based on the above findings and the applicant's stated intent. These conditions will be related to the listed categories above, but may include other issues specific to the use for a bar and casino.

1. This special review approval is for the development and operation of a bar and casino located on Lots lB-1 to lB-5, of Block 20 of the Amended Olympic Park Subdivision generally located on the northeast corner of the intersection of King Ave W and Shiloh Road.
2. The bar and casino will be located in a common structure with a gas station, convenience store and liquor store but will not exceed 10,000 square feet nor one-third of the total building gross floor area, whichever is less. 
3. The building will be located as shown on the submitted site plans dated 5-7-2021 and 6-22-2021 as prepared by Performance Engineering and attached to these conditions of approval.
4. The building design and elevations will be as substantially shown on the drawing dated 6-07-2021 as prepared by AT Architecture. The signs shown on this elevation plan are specifically excluded.
5. The north property line that abuts the Shiloh Glen apartments will be treated with a sight-obscuring fence of six feet height. The fence need not be constructed on the shared property line and can be setback to avoid underground utilities. The fence may be constructed of any normal fencing material however, any vinyl fencing will have a matte finish to diminish light reflection. Two pedestrian access points will be provided for the residents of the Shiloh Glen apartments. These access points will have two bollard style lights installed - one on the Shiloh Glen side of the fence and one on the Town Pump side of the fence. The access will be by off-set fencing, so there is no break in the visual barrier between the properties. The two approximate locations are shown on a Planning staff site plan exhibit dated June 28, 2021. The pedestrian way from the fence opening to the Town Pump parking lot will be a paved sidewalk with an access ramp provided at the curb line on the north side of the parking lot/drive aisle. 
6. The applicant will install and maintain a row of mixed evergreen and deciduous shrubs or trees along the inside of the north property line fence. This will be shown on the overall landscaping plan designed and stamped by a landscape architect.
7. The applicant will show on the site plan submitted for Building Permit the area planned for snow storage.
8. The applicant will reduce the length of the parking lot landscape islands so that each one is 4 feet shorter than the adjacent parking stall as required by Section 27-1205.B. No parking stall shall be more than 132 feet from a required landscape parking island. No turf grass is allowed in landscape islands and each landscape island requires one tree. Deciduous trees in landscape islands are encouraged. All landscaped areas required a minimum of 75% organic material. 
9. The applicant will show on the landscape plan submitted with the Building Permit, the following: 18 street trees on the north side of the sidewalk along King Ave West; 10 street trees along the Shiloh Road street frontage between the property line and the parking lot curbing, screening for all ground or roof-mounted mechanical equipment, the solid waste dumpster screening including materials for the enclosure and 75% organic material in all landscaped areas.
10. All landscaping shall be installed and maintained free of debris and trash on a regular basis. Dead plant material will be replaced with like materials as expeditiously as possible. All irrigation systems will be maintained in proper working order.
11. Pavement markings shall be provided to show direction of vehicle travel within the site, pedestrian crossings from parking areas to the sidewalk on the building perimeter, and stop lines and signs at the access points on to King Avenue West and Shiloh Road. 
12. There shall be no internally illuminated fascia on the building and all exterior lighting mounted on the building shall have full cut-off shields so no part of the lens or fixture is visible below the shield.
13. All parking lot light standards shall have full cut-off shielding so no part off the lens or fixture is visible below the shield. The maximum height of the light poles - including the base and fixture - is 25 feet above grade.
14. There will be no exterior building wall signs on the north and northeast building facades. Window signs are allowed on the entry doors.
15. Any signs on the site including attached building signs, freestanding signs and temporary signs will comply with the City Sign Code that applies to Corridor Mixed Use 2 (CMU2) zone districts at Section 27-1407.C.
16. The applicant will submit a Building Permit within 1 year of City Council conditional approval and will complete the site development within 2 years of the issuance of a Building Permit. Failure to submit or complete the approved project within this time frame will void the conditional approval.
17. Modification of the approved special review use is allowed with the following limitations: 10% or less expansion of the gross floor area, 10% or less increase in the number of potential building occupants, and 10% or less new parking stalls. Expansions also require conformance with all other requirements of the Zoning Regulations and other City of Billings code requirements. 
18. The cessation of the special review use for more than 6 consecutive months, shall extinguish this conditional approval and the use may not be re-established except through a new special review approval of the City Council
19. The City Council reserves the right to re-open the conditional approval of this use at this location based on one or more of the following conditions: 1) failure to respond to a notice of noncompliance with the specific conditions of approval; 2) high levels of calls for public safety services verified by the Chief of Police; 3) a significant violent crime has occurred at the location; or 4) significant reports from any public safety officials related to the over-serving of alcohol, sales to minors or allowing minors into the casino. The City Council will notify the owner of its intent to re-open the Special Review at least 60 calendar days ahead of any public hearing on the matter.
20. These conditions run with the land use and are binding upon and must be adhered to by the property owner and any successors, transferees or assigns.
21. The right of building and occupancy permits are contingent upon the fulfillment of all conditions imposed by this approval.

7. Adequate utilities, access roads, drainage, and/or necessary facilities have been or are being provided.
Applicant: The proposed facility will go through a full engineering and permitting review from City of Billings Public Works for site layout and utility conformance to City of Billings Regulations. A full traffic study is underway for the proposed site at the time of this application. The traffic study will analyze ingress/egress along with intersection impacts to nearby intersections. The Traffic Impact Study (TIS) will be submitted for review and approval by both the City of Billings and Montana Department of Transportation. The TIS will identify any intersection impact fees required from the developer along with any improvements to King Ave. and Shiloh Road. Those improvements or financial contributions, if determined to be required by the TIS, will be made at the time of development of the site. Construction of the proposed development will meet all City of Billings, Montana DOT, and Montana DEQ rules and regulations to assure technically sound design and construction is implemented to protect the City and neighborhood.
Staff: Staff concurs with the applicant's statements and positive findings on utilities, access roads, drainage and necessary facilities. There are no site specific conditions that woudl hamper the applicant's ability to fulfill the local and state regulations for access, utilities, drainage or other necessary facilities.

8. Adequate measures have been or will be taken to provide ingress and egress to minimize traffic congestion in public streets.
Applicant: The traffic study will analyze ingress/egress along with intersection impacts to nearby intersections. The Traffic Impact Study (TIS) will be submitted for review and approval by both the City of Billings and Montana Department of Transportation. The TIS will identify any intersection impact fees required from the developer along with any improvements to King Ave. and Shiloh Road. Those improvements or financial contributions, if determined to be required by the TIS, will be made at the time of development of the site.
Staff: The access drive onto Shiloh Road has already been established and will not be re-located for this project. The access is a right-in and right-out only from the northbound side of Shiloh Road. The King Avenue access point has yet to be established but will be close to its proposed location on the submitted site plans. This will also be a right-in and right-out driveway access from the westbound side of King Avenue West. The roundabouts in the vicinity will allow drivers to make safe changes in direction.

9. The special review use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the city council.
Applicant: No request to modify the regulations have been made.
Staff: Planning staff has not identified any detail of the site plan or narrative of the project that would require modification of the requirements for this application. The site appears to meet all of the requirements for building height, setbacks, separations, lot coverage and yard treatments. Staff has recommended specific conditions related to landscaping, parking, lighting and signage to address issues not apparent on the site plan.

Applicants for special review approval are now required to conduct a pre-application neighborhood meeting similar to zone change applicants. This notice was sent out to property owners within 600 feet of the subject property (~130 owners) for a virtual meeting on Thursday, April 29, 2021. Only one person from the neighborhood attended the virtual meeting. The applicant's agent also attended a West End Task Force meeting on Tuesday, April 20, 2021, to present the project. No comments were received by the Planning staff after the public hearing notices were mailed, the property was posted and the legal ad published as required. The applicant is moving an existing license already located within the City of Billings.

The City Zoning Commission may recommend to the City Council:

• Approval or,
• Conditional Approval; or
• Denial

The Zoning Commission recommendation shall be based on findings of fact for each criterion and shall be transmitted to the applicant or applicant's agent as well as the City Council.

Approval or disapproval of the proposed special review use should not have an impact of the Planning Division budget.