The Zoning Commission recommends conditional approval and adoption of the findings of the three criteria for Special Review 988.

PROPOSED CONDITIONS

1. The special review approval is for an existing all beverage liquor license to relocate to 2499 Gabel Road, a 3,128 square foot building, on Block 4, Lot 3, Cenex Park Sub., an 68,520 square foot parcel of land. No other use is intended or implied.
2. No outdoor seating, outdoor music or outdoor public announcement systems will be allowed with this application.
3. Any 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. Lighting of signs shall be as allowed within the City Sign Code (Section 27-701, BMCC).
4. The proposed development shall comply with all other limitations of the Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that apply.
5. 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, leaseholders, heirs and assigns. 

OWNERS: King McCall, LLC 
AGENT: Corey Welter
PURPOSE: to allow relocation of an all beverage license with gaming
LEGAL DESCRIPTION: Cenex Park Sub. Block 4, Lot 3
ADDRESS: 2499 Gabel Road
EXISTING LAND USE: Commercial
PROPOSED LAND USE: Bar and Casino
EXISTING ZONING: CI

A special review request to allow an existing all beverage liquor license to relocate to 2499 Gabel Road. Relocation of an existing license is not adding another casino license to the area, but relocating an existing one.  The move for this business will potentially add 12 to 15 new positions of employment supporting a need in the Billings area. The applicant hopes that this Special Review application will be approved as was the prior application, relating to the same subject property and the same use, which was approved by unanimous vote of the City Council on October 26, 2020. There are no churches, schools, residential zoned areas near the location of the subject property.
 
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 amendments are adopted by City Council on 3rd Reading on January 25, 2021, this location will be conforming to the new standards.

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 comply 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. Butin this case, the entire neighborhood surrounding the subject property is commercial.
Prosperity: 
• Successful businesses that provide local jobs benefit the community. Retaining and supporting existing businesses helps sustain a healthy economy. 
The proposed relocation 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 relocation of license will promote the 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 proposed site is not near or adjacent to any residential development.  Improvements to the site will include some buffering from neighboring properties, however the impact to these properties from the new business should be minimal.

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 agent. No other testimony was received.

The Zoning Commission considered the proposed findings and the testimony provided. Commission member Dan Brooks made a motion to recommend conditional approval of Special Review 988, the motion was seconded by Jack King.  The motion was approved on a 5-0 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.