The Zoning Commission recommends conditional approval and adoption of the findings of the three criteria for Special Review 987.

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 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 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. 

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. Moving the Palagio’s Pub and Casino is not adding another casino license to the area, but relocating an existing one.  The move for this business will add 12 to 15 new positions of employment to the existing staff supporting a need in the Billings area.  The owner of the establishment has stated (in attachments) their business will bring a safe environment for all who visit as well as staff, stating the eleven years at their 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 Project ReCode amendments are adopted by 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.
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 October 6, 2020, 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. The Commissioners discussed the location of a church in the tenant space on the north east corner of Holman and 25th St. West, and the daycare center on the westerly edge of the subject property nearest to 25th St. W. Staff recited the code Section 27-612(a)(1);  a distance of six hundred (600) feet between property lines, measured in a straight line, is maintained from any building that is predominantly used as a church or school or from a public park that contains a children's playground or play field.  Staff's determination was the building on the corner of Holman and 25th was not predominantly used as a church, and the daycare center on 25th St. did not fall under the classifications requiring the 600 foot separation. Commission member Dan Brooks made a motion to recommend conditional approval of Special Review 987, the motion was seconded by Commission member Trina White. 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.