Special Review 987 - 2499 Gabel Road - A special review request to allow an existing all beverage liquor license to relocate from 1911 King Avenue West, Unit 10, 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. Presented by Karen Husman, Planner I

The Planning Division recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 987.

OWNERS: King McCall, LLC 
AGENT: Jason Palogi
PURPOSE: to allow relocation of an all beverage license with gaming from 1911 King Avenue West
LEGAL DESCRIPTION: Cenex Park Sub. Block 4, Lot 3
ADDRESS: 2499 Gabel Road
EXISTING LAND USE: Commercial
PROPOSED LAND USE: Palagio’s Pub and Casino
EXISTING ZONING: CI

None

SUBJECT PROPERTY	SPECIAL REVIEW #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
None
SURROUNDING PROPERTY	Special Review #	DATE	FOR	APPROVED (Y/N)	ADDITIONAL DATA
2425 Gabel Rd.	722	6/24/02	All Bev.	Y	And outdoor patio - Jake's Steakhouse
2701 Gabel Rd	769	9/24/04	All Bev.	Y	And outdoor patio - Caribbean Nites Casino
740 S 24th St. W	493	6/21/93	All Bev.	Y	Applebee's
2011 Overland Ave	216	1/7/85	Beer & Wine	Y	Fuddrucker's
2021 Overland Ave	373	1/9/89	All Beverage	Y	Former Jade Palace
2011 Overland Ave	394	11/7/89	All beverage	Y	Fuddrucker's
2250 King Ave	475	11/9/92	All Beverage	Y	Olive Garden/Red Lobster
2300 King Ave	496	8/2/93	Beer & Wine	Y	Rendezvous Casino and Burger Grill
2001 Overland	654	3/22/99	All Bev & patio	Y	Outback Steakhouse
933 S 24th St. W	677	8/28/00	Beer & Wine	Y	No Gaming

NORTH:   Zoning:    CI
                  Land Use:  Commercial & Industrial
SOUTH:    Zoning:      CI
                  Land Use:   Commercial & Industrial
EAST:       Zoning:       CI
                  Land Use:  Commercial & Industrial
WEST:      Zoning:      CI
                  Land Use:  Commercial & Industrial

This is a special review request to allow an existing all beverage liquor license to relocate from 1911 King Avenue West, Unit 10, to 2499 Gabel Road. This is the Palagio’s Pub and Casino and is not adding another casino license to the area. The move for this business will add 12 to 15 new positions of employment to the existing staff supporting a need for added jobs in the Billings area.  The owner of the establishment has stated (in attachments) the business will bring a safe environment for all who visit as well as staff, stating the 11 years at the current location have had no complaints, robberies or code violations from City of Billings, Department of Revenue, Department of Justice or Gaming Control.

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 the special review is approved and the Project ReCode amendments are adopted by the City Council, 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. There are no neighborhoods close to this location.

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.

 
PROPOSED CONDITIONS

1. The special review approval is for an existing all beverage liquor license to relocate from 1911 King Avenue West, Unit 10, 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 either permanent or temporary 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. All new light standards will be a maximum of 15 feet in height including the base, as 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 proposed development shall comply with all other limitations of Section 27-613 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, lease holders, heirs and assigns. 

 
**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 level. This application is for a Special Review as noted above and no other request is being considered with this application. The Planning Division points out that the use and development of the property must be in accordance with the submitted site plan.
 
Zoning Commission Action
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 of a special review use, the Zoning Commission shall find that the contemplated use:
1. Complies with all requirements of this Article (27-1500);
2. Is consistent with the objectives and purposes of Chapter 27 and the Comprehensive Plan;
3. Is compatible with surrounding land uses or is otherwise screened and separated from adjacent land in such a way as to minimize adverse effects.
 
Further the 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 Division recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 987.