City Special Review 967 – 4007 Avenue B – Palms West Pub and Casino - A special review request to relocate an existing beer & wine license with gaming to Lot 1A, Block 2 of Goodman Subdivision, 3^rd Filing, a 23,671 square foot parcel of land located in a Community Commercial (CC) zone, at 4007 Avenue B. The applicant is also requesting a waiver of the 600-foot separation distance from a church located approximately 500 feet north of the subject property. The license will be located in a 2,000 square foot area of a proposed 3,500 square foot building. Presented by Nicole Cromwell, Zoning Coordinator

Planning staff is recommending conditional approval and adoption of the findings of the 3 criteria of Special Review 967.

OWNER: RC Property Holdings LLC
AGENT: Rob Veltkamp
LEGAL DESCRIPTION: Lot 1A, Block 2, Goodman Subdivision, 3rd Filing
ADDRESS: 4007 Avenue B
CURRENT ZONING: Community Commercial (CC)
EXISTING LAND USE: Vacant
PROPOSED USE: 2-tenant building with a transferred beer & wine license including gaming in a 2,000 square foot space for a bar/casino
SIZE OF PARCEL: 23,671 square feet

None.

SUBJECT PROPERTY	Zone Change	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
4007 Avenue B	City ZC 586	July 11, 1994	A-1 to CC	Yes	Original ZC & Annexation of Goodman Subdivision
SURROUNDING PROPERTY	Special Review	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
3990 Ave D	City SR 210	Feb 25, 1983	Gas Station	Yes	Not Built as Gas Station Doctor’s Office
3969 Grand Ave	City SR 586	June 10, 1996	2 Drive Thru’s	Yes	Now Town Pump
3925 Grand Ave	City SR 631	May 26, 1998	All Bev Gaming	Yes	Bottles & Shots
1450 Country Manor	City SR 634	July 27, 1998	Vet Clinic with boarding	Yes	Granite Peak Vet
1810 Shiloh Rd	County SR 252	Mar 23, 1999	Church Expansion	Yes	Shiloh Methodist
3875 Grand	City SR 670	Jan 24, 2000	All Bev Gaming	Yes	The Red Door
1430 Country Manor	City SR 702	July 23, 2001	250’ cell tower	No
3980 Parkhill	City SR 705	Aug 27, 2001	Assisted Living	Yes	Highgate Senior Living
3980 Parkhill	City SR 717	Mar 25, 2002	Increase Units	Yes	Highgate Senior Living
3969 Grand Ave	City SR 731	Jan 13, 2003	Beer & Wine Gaming	Yes	Now Town Pump
1431 Country Manor	City SR 766	Aug 23, 2004	Beer & Wine Gaming	Yes	Atlantis Casino
3839 Grand Ave	City SR 829	Oct 23, 2006	All Bev Gaming	No	Proposed Silver City Casino
3839 Grand Ave	City SR 878	Aug 24, 2009	All Bev Gaming	Yes	Magic City Casino
3969 Grand Ave	City SR 912	Oct 28, 2013	Expand Casino	Yes	Town Pump Magic Diamond Casino

NORTH:	Zoning: CC Land Use: Sylvan Nursery
SOUTH:	Zoning: CC Land Use: Stockman Bank
EAST:	Zoning: CC Land Use: Vacant Land
WEST:	Zoning: CC Land Use: Peretti Dental

This is a special review request to re-locate an existing beer & wine license with gaming from Lucky's Grand Casino at 1411 13th St West to this new location at 4007 Avenue B. The proposed sports bar and casino will be a second location for the current Palms Grand Casino at 1112 Grand Avenue. The proposed name of this new location is Palms West Pub & Casino. The new location is proposed for 2,000 square feet of the new 3,500 square foot building. The remaining 1,500 square feet will be for a new sandwich shop - TOPZ Sandwich Company - featuring dine in or drive through service.

The location is 600 feet south of a property primarily used for a church - Shiloh United Methodist Church at 1810 Shiloh Road. The local zoning code requires a property line-to-property line separation between locations that serve alcohol and any property used primarily for a church, a school, or public park with playgrounds or playing fields. The proximity of the church property will require a waiver from the City Council to allow the sale of alcoholic beverages in this location. A waiver may be granted when 1 or more conditions exist such as the lack of a pedestrian connection, visual barriers between the locations or separation by an arterial street. 

This location is on the corner of Shiloh Road, a principal arterial street, and Avenue B, a local commercial access street. Average daily traffic on Shiloh Road is about 13,750 vehicle trips per day (a 3-year average). This is modest average daily traffic for a 4-lane arterial street. Poly Drive between 13th St West and Virginia, a 2-lane minor arterial street, regularly carries more than 10,000 vehicle trips per day. This location is 1 block north of the major arterial intersection of Grand Avenue and Shiloh Road. Avenue B and Shiloh Road is a full access intersection and this location will only have driveway access off Avenue B and not Shiloh Road. This side of Shiloh Road carries a 10-foot wide multi-use trail. Trail use counts in this area were last done in 2015 but indicate about 100+ users on the trail each day. This is the 3rd highest trail count section of all the sections monitored by the City.

The property has been zoned CC since 1994 when the property was subdivided and annexed to the City. It has been 20+ years since the first commercial building - the Holiday Station - was constructed in this subdivision. Several on-premise alcohol service licenses have been granted in and around this area since 1998 when the first special review was granted to Bottles and Shots at 3925 Grand Avenue. This proposed license location is also directly adjacent to a principal arterial street but is not an all beverage license. Only beer and wine may be served with the proposed license. Gaming is attached to this license so video gaming will be offered. 

The proposed location is within 600 feet of a church located at 1810 Shiloh Road. The local code requires measuring the separation distance from property line to property line. The City Council may consider granting a waiver if it finds a physical barrier exists. These can include a visual barrier. In this instance, buildings between the 2 locations obstruct any direct line of sight and can be considered a basis for granting a waiver. The Planning staff recommends the 600-foot separation requirement be waived for this application.

The Planning Division has reviewed this application and is recommending conditional approval. 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 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 this zoning as an area where on-premise service of alcohol with gaming may be allowed by special review approval. The proposed site plan meets all the requirements of the zoning regulations for setbacks, building height, clear vision areas and lot coverage. The Planning staff will ensure compliance with all the North Shiloh Corridor Overlay District requirements for building design, landscaping and signage.

The application meets criteria from the second requirement and is consistent with the objectives of the 2016 Growth Policy:
Essential Investments: 

• Infill development and development near existing City infrastructure may be the most cost effective

Community Fabric:

• Developed landscape areas in commercial areas encourage more pedestrian activity and vibrant commercial activity

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
• Implementation of the Infill Policy is important to encourage development of underutilized properties

Prosperity:

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

The proposed development will fill in a vacant parcel along a major transportation corridor and will help support a local business and make the use of the multi-use path more desirable for the area. Vacant lots or vacant buildings discourage pedestrian activity. An "unfinished" landscape on this stretch of Shiloh Road also discourages other investment in the area.

The application also meets the third criteria in that it is compatible with surrounding land uses in the area. This site is in an already established and growing area of Billings, with good access to transportation choices. The area provides some access to essential everyday services such as restaurants, banking, vehicle services and medical offices. There will be 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.

SUMMARY
The City Zoning Commission shall make a recommendation to the City Council to:
1. Deny the application for a special review use.
2. Grant the application for a special review use.
3. Conditionally grant the application for a special review use.
4. Delay action on the application for a period not to exceed thirty (30) days.
5. Give reasons for the recommendation.

Before recommending approval for a special review use, the City Zoning Commission shall find that the contemplated use:

1. Complies with all requirements of this chapter;
2. Is consistent with the objectives and purposes of this Resolution/Ordinance and the Comprehensive Plan; and
3. Is compatible with surrounding land use or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.

Further, the City Zoning Commission shall consider and may impose modifications or conditions concerning, but not limited to the following:

1. Street and road capacity;
2. Ingress and egress to adjoining streets;
3. Off-street parking;
4. Fencing, screening and landscaping;
5. Building bulk and location;
6. Usable open space;
7. Signs and lighting; and/or
8. Noise, vibration, air pollution and similar environmental influences.

 

The Planning staff recommends conditional approval:

1. The special review is for 1 (one) beer and wine license with gaming to be located on Lot 1A, Block 2 of Goodman Subdivision, 3rd Filing, generally located at 4007 Avenue B. No other special review use is intended or implied.
2. The site will be developed in general conformance with the submitted site plan dated March 15, 2018.
3. The maximum floor area for the special review use is limited to 2,000 square feet. Increases of 10% or less are allowed under this special review approval.
4. Trees will be provided along each property frontage at a rate of not less than 1 tree for each 50 linear feet of street frontage. The following tree species are specifically excluded: Evergreen species (all varieties), ornamental deciduous trees (less than 40 foot mature height), Carolina poplar, other populus subspecies including any variety of aspens, elms, lombardy poplar, silver leaf poplar, weeping willow, or box elder. All installed trees will be continuously maintained and replaced as necessary by the owner. Installation of the trees along the Shiloh Road property frontage shall be placed a minimum of 5 feet behind the multi-use path and the street trees along the Avenue B property frontage shall be planted in the boulevard between the curb and the sidewalk. Equidistant spacing is not required, however the Shiloh Road property frontage needs at least 3 trees. All street frontage trees should be large enough so the lowest branch height above the root stock is 8 feet at the time of planting.
5. A free-standing solid brick or stone wall or facsimile of brick or stone wall of 30 inches in height will be installed parallel to the east side of the drive through lane in order to diminish headlight glare from vehicles.
6. All exterior lighting, including security lighting, shall have full cut-off shields so no part of the fixture or lens projects below the cut-off shield. The maximum height of any light pole in the outdoor areas shall be 15 feet above grade. Exceptions to this requirement are allowed for entry doorway lighting.
7. Any centralized solid waste storage shall be enclosed by a wall on 3 sides and a closing gate or gates. The wall and gates for the solid waste storage shall be similar, or complimentary in color, to the adjacent buildings and shall be sight-obscuring. The wall and gates shall be tall enough that no part of the interior dumpster(s) are visible from the outside. The developer will coordinate with the Solid Waste Division of Public Works to ensure proper placement, size and construction of the storage facility.
8. The developer will install 1 (one) off-street bicycle parking facility consisting of an Inverted U or Post and Ring design. The location of the facility will be verified at the time of building permit but shall be close to at least one of the business entry doorways. 
9. A pedestrian access walkway will be installed through the landscaped area west of the proposed monument sign at the street intersection. This pathway will include a marked crossing of the interior drive aisle to reach the building walkway. This pedestrian access will be verified at the time of building permit application.
10. Any outdoor announcement system shall be operated so it is not audible beyond the property lines.
11. The proposed monument sign must comply with the clear vision standards for the intersection of Avenue B and Shiloh Road.
12. The final building plan, landscaping plan, site development and signage plan shall conform to all requirements of the North Shiloh Corridor Overlay District unless modified by these conditions of approval.
13. 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, lease holders, heirs and assigns.
14. The proposed development shall comply with all other limitations of Section 27-613 of the Unified Zoning Regulations concerning special review uses, and all other City of Billings regulations and ordinances that  apply.

**NOTE**      Approval of this Special Review does not constitute approval of a building permit, sign permit or fence permit. Compliance with all applicable local codes will be reviewed at the building permit or zoning compliance permit level. This application is for a Special Review as noted above and no other request is being considered with this application. The use and development of the property must be in accordance with the submitted site plan.