c.
City Zoning Commission
- Meeting Date:
- 06/05/2018
- SUBJECT
- Special Review #964– 3415 Grand Avenue – All Beverage with Gaming
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Karen Husman
Information
REQUEST
Special Review #964– 3415 Grand Avenue – All Beverage with Gaming - This is a special review request to allow the location of an All-Beverage Liquor License with Gaming (bar & casino) as part of a new Town Pump gas station convenience store and liquor store in a Community Commercial (CC) zone on proposed Lot 1, Block 5 of Zimmerman Home Place Subdivision, 2nd filing a 3.39 acre parcel of land. Tax ID: A36266. Presented by Karen Husman, Planner I.
RECOMMENDATION
The Planning Division recommends conditional approval and adoption of the findings of the 3 criteria for Special Review 964.
Special Review applications are reviewed using BMCC Section 27-1503, the three criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not require an ordinance for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.
Special Review applications are reviewed using BMCC Section 27-1503, the three criteria referenced in the Alternatives Analyzed section of this memo. Special Reviews do not require an ordinance for approval, are not zone changes on property; rather, are tied to specific uses that are allowed in a given zoning district but are subject to a review by the City prior to the use being allowed. Special Reviews, unlike zone changes, may be conditioned to mitigate possible impacts from the use on the subject property or surrounding properties.
APPLICATION DATA
OWNER: Town Pump, Inc.
LEGAL DESCRIPTION: Lot 1, Block 5, Zimmerman Home Place Sub. 1st Filing
ADDRESS: 3415 Grand Avenue
CURRENT ZONING: Community Commercial
EXISTING LAND USE: Vacant/Agricultural
PROPOSED USE: All Beverage with Gaming
SIZE OF PARCEL: 3.39 acres
LEGAL DESCRIPTION: Lot 1, Block 5, Zimmerman Home Place Sub. 1st Filing
ADDRESS: 3415 Grand Avenue
CURRENT ZONING: Community Commercial
EXISTING LAND USE: Vacant/Agricultural
PROPOSED USE: All Beverage with Gaming
SIZE OF PARCEL: 3.39 acres
CONCURRENT APPLICATIONS
Zimmerman Home Place Subdivision, 2nd Filing.
APPLICABLE ZONING HISTORY
Subject Property
Prior to subdivision approval in 2017, Zone change #675 was approved for the property August 2, 2016. The parcel was annexed by the City of Billings on May 14, 2018.
Surrounding Properties
There has been one special review approved in the surrounding area that is similar to the submitted application. SR. # 831 received conditional approval for a beer and wine license with no gaming at 1335 Golden Valley Circle which is located southeast of the intersection of Zimmerman Trail and Grand Avenue.
Prior to subdivision approval in 2017, Zone change #675 was approved for the property August 2, 2016. The parcel was annexed by the City of Billings on May 14, 2018.
Surrounding Properties
There has been one special review approved in the surrounding area that is similar to the submitted application. SR. # 831 received conditional approval for a beer and wine license with no gaming at 1335 Golden Valley Circle which is located southeast of the intersection of Zimmerman Trail and Grand Avenue.
SURROUNDING LAND USE & ZONING
NORTH: Zoning: Community Commercial- CC
Land Use: Vacant Ag
SOUTH: Zoning: Planned Development- PD
Land Use: Residential
EAST: Zoning: Community Commercial- CC
Land Use: Retail
WEST: Zoning: Community Commercial- CC
Land Use: Retail
Land Use: Vacant Ag
SOUTH: Zoning: Planned Development- PD
Land Use: Residential
EAST: Zoning: Community Commercial- CC
Land Use: Retail
WEST: Zoning: Community Commercial- CC
Land Use: Retail
BACKGROUND
This is a special review request to allow the location of an All-Beverage Liquor License with Gaming (bar & casino) as part of a new Town Pump gas station convenience store and liquor store in a Community Commercial (CC) zone on proposed Lot 1, Block 5 of Zimmerman Home Place Subdivision, 2nd filing, a 3.39-acre parcel of land.
According to the 2016 Billings Urbanized Traffic Count Map there are no traffic counts available for this section of Zimmerman Trail. The closest traffic count on Zimmerman Trail is north of Rimrock Road at 11,890 trips. The closest traffic count for Grand Avenue is 14,000 trips. Zimmerman Trail and Grand Avenue are both considered principle arterial streets.
The applicants are proposing construction of a new Town Pump gas station with a convenience store, lounge, liquor store and casino on the recently annexed parcel of land on the northeast corner of Grand Ave. and Zimmerman Trail. The City requires a special review any time an existing or new on-premise liquor license is located within the city limits. The City does not control the number of on-premise liquor licenses that may be issued by the state. The City can specify appropriate zoning districts, separation requirements and provide for conditions of approval to mitigate any potential negative effects of the location on an on-premise liquor license.
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 as required by BMCC 27-1503: 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 that any on-premise liquor license in a CC zone may apply for a special review. The proposed site plan meets all the requirements of the zoning regulations for setbacks, building height, clear vision areas and lot coverage.
The application meets criteria from the second requirement as it is consistent with some of the objectives of the Growth Policy:
The application also meets the third criteria in that it is compatible with surrounding land uses in the area. This site is in a growing area of Billings, with good access to transportation choices. The area provides access to essential everyday services such as restaurants, retail shopping, convenience shopping and services. There are 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.
According to the 2016 Billings Urbanized Traffic Count Map there are no traffic counts available for this section of Zimmerman Trail. The closest traffic count on Zimmerman Trail is north of Rimrock Road at 11,890 trips. The closest traffic count for Grand Avenue is 14,000 trips. Zimmerman Trail and Grand Avenue are both considered principle arterial streets.
The applicants are proposing construction of a new Town Pump gas station with a convenience store, lounge, liquor store and casino on the recently annexed parcel of land on the northeast corner of Grand Ave. and Zimmerman Trail. The City requires a special review any time an existing or new on-premise liquor license is located within the city limits. The City does not control the number of on-premise liquor licenses that may be issued by the state. The City can specify appropriate zoning districts, separation requirements and provide for conditions of approval to mitigate any potential negative effects of the location on an on-premise liquor license.
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 as required by BMCC 27-1503: 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 that any on-premise liquor license in a CC zone may apply for a special review. The proposed site plan meets all the requirements of the zoning regulations for setbacks, building height, clear vision areas and lot coverage.
The application meets criteria from the second requirement as it is consistent with some of the objectives of the Growth Policy:
- Essential Investments: Infill development and development near existing City infrastructure may be the most cost effective.
The development of a vacant parcel in an area close to established commercial areas will be a cost effective project where City infrastructure and some services already exist.
- Strong Neighborhoods and Essential Investments: Neighborhoods that are safe and attractive and provide essential services are much desired. Infill development and development near existing City infrastructure may be the most cost effective.
The proposed special review will promote infill development of an existing parcel where there are City services and infrastructure near the site. This will provide an additional services to those residents within the surrounding neighborhoods.
- Prosperity: A diversity of available jobs can ensure a strong Billings’ economy. Successful businesses that provide local jobs benefit the community.
This development will allow a new business to be located in a growing area of Billings, creating new jobs. This development will help support and sustain the tax base for Billings.
The application also meets the third criteria in that it is compatible with surrounding land uses in the area. This site is in a growing area of Billings, with good access to transportation choices. The area provides access to essential everyday services such as restaurants, retail shopping, convenience shopping and services. There are 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
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 approving 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 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 approving 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.
RECOMMENDATION
The Planning Division recommends conditional approval.
**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.
- This special review request is to allow the location of an All-Beverage Liquor License with Gaming (bar & casino) as part of a new Town Pump gas station, convenience store and liquor store in a Community Commercial (CC) zone on proposed Lot 1, Block 5 of Zimmerman Home Place Subdivision, 2nd Filing. This approval is directly impacted by the concurrent application of the proposed Zimmerman Home Place Subdivision, 2nd filing. If approved, these conditions will reflect this approval is for Lot 1, Block 5, Zimmerman Home Place Subdivision 2nd filing, a 3.39 acre area of land located northwest of the intersection of Zimmerman Trail and Grand Avenue only.
- The special review approval is for the construction of a 15,729 square foot building for a gas station, convenience store, liquor store (and casino) with an all beverage license with gaming, no other use or development is intended or implied by this approval.
- Any expansion of the proposed building greater than 10 percent of what is shown on the submitted site plan will require an additional special review approval.
- No construction or demolition activity will occur before 7 am or after 8 pm daily.
- The site will be developed in conformance with all applicable zoning and site development regulations, as well as the submitted site plan including required landscaping, parking and building locations.
- A site obscuring fence shall be constructed and maintained to buffer the neighboring residential structure.
- 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.
- 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 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.