a.
City Zoning Commission
- Meeting Date:
- 07/07/2020
- SUBJECT
- Special Review 982 - 2244 Grand Avenue - Expansion of Gordy's All Beverage License with Gambling
- THROUGH:
- Monica Plecker
- PRESENTED BY:
- Nicole Cromwell
Information
REQUEST
City Special Review 982- 2244 Grand Ave - Expansion of bar and casino– A special review request to allow expansion of an existing bar and casino, Gordy’s at 2244 Grand Avenue, to expand by 2,160 square feet for a total area of 4,520 square feet, on Block 2, Lot 8, Arnold Sub. 1st Filing, a 12,280 square foot parcel of land. Presented by Nicole Cromwell, Zoning Coordinator
RECOMMENDATION
Planning staff is recommending conditional approval of the special review request. The recommendation is based on the findings for the review criteria presented in the Summary section of this report.
APPLICATION DATA
| OWNER: G Rock Building LLC | |
| AGENT: Gordy Roma | |
| LEGAL DESCRIPTION: ARNOLD SUBD 1ST FILING, S06, T01 S, R26 E, BLOCK 2, Lot 8, LTS 10-12 & PT 9 (LESS N 6.5' FOR ST) AMND (90) | |
| ADDRESS: 2244 Grand Avenue | |
| CURRENT ZONING: Community Commercial (CC) | |
| EXISTING LAND USE: Two-tenant building - Gordy's Casino at 2248 Grand | |
| PROPOSED USE: Remodel to expand Gordy's Casino into the vacant tenant space at 2244 Grand (2,160 sf) | |
| SIZE OF PARCEL: 12,280 square feet |
CONCURRENT APPLICATIONS
None.
APPLICABLE ZONING HISTORY
| SUBJECT PROPERTY | Special Review | DATE | FOR | APPROVED (Y/N) | ADDITIONAL DATA |
| 2248 Grand Ave | City SR 777 | Feb 28, 2005 | All Bev with gambling | Yes | Grand Boomtown Casino |
| SURROUNDING PROPERTY | Special Review | DATE | FOR | APPROVED (Y/N) |
ADDITIONAL DATA |
| 1918 Grand Ave | City SR 174 | Jan 9, 1984 | All Bev – no gambling | Y | Sizzlin’ Sara’s |
| 2646 Grand Ave | City SR 329 | Oct 26, 2987 | All Bev & Gambling | Y | Nickel Ante Casino |
| 2150 Grand Ave | City SR 350 | May 23, 1988 | All Bev & Gambling | N | Montana Nugget Casino |
| 2150 Grand Ave | City SR 359 | Aug 22, 1988 | All Bev & Gambling | Y | Montana Nugget Casino |
| 1918 Grand Ave | City SR 379 | Mar 27, 1989 | All Bev & Gambling | Y | Rio Grand Casino |
| 1744 Grand Ave | City SR 391 | Oct 23, 1989 | All Bev & Gambling | Y | High Stakes Casino |
| 2349 Grand Ave | City SR 495 | Aug 2, 1993 | All Bev & Gambling | Y | Former 4Bs – now Montana Lil’s |
| 1711 Grand Ave | City SR 547 | Mar 27, 1995 | All Bev & Gambling | Y | TC’s Casino |
| 2658 Grand Ave | City SR 606 | May 27, 1997 | All Bev & Gambling | Y | Lucky Diamond Casino |
| 1502 Rehberg Ln | City SR 618 | Nov 24, 1997 | Beer & Wine – no gambling | Y | Enzo’s |
| 2501 Grand Ave | City SR 635 | Aug 24, 1998 | All Bev & Gambling | Y | Winner’s Circle |
| 2228 Grand Ave | City SR 672 | Mar 27, 2000 | All Bev – no gambling | Y | Former City Vineyard |
| 1720 Grand Ave | City SR 704 | July 23, 2001 | Beer & Wine – no gambling | Y | Mayflower of China |
| 1720 Grand Ave | City SR 793 | Oct 27, 2005 | All Bev & Gambling | Y | Warden’s Casino |
SURROUNDING LAND USE & ZONING
| NORTH: | Zoning: Neighborhood Commercial (NC) Land Use: Offices/Retail |
| SOUTH: | Zoning: Residential 6,000 (R-60) Land Use: One and two-family dwellings |
| EAST: | Zoning: CC Land Use: Steve's Hot Dogs & Pita Pit Sandwich Shop |
| WEST: | Zoning: CC Land Use: Parking Lot and Pet Store |
BACKGROUND
This is a special review request to expand Gordy's Casino currently in one of the two tenant spaces in an existing building at 2244/2248 Grand Avenue. Gordy's Casino received conditional approval from the City Council for its current tenant space in 2005. The expansion floor area is about 2,160 square feet. The applicant would like to have the space for private events and catering. There are ample parking spaces on the east and west sides of the building. The location is not within 600 feet of any church, school, or park with a playground.
The zoning history in this area of Grand includes 14 special review requests since 1984 to allow alcohol service with and without gambling. Most of these were approved. Most of these special review requests were not for restaurant venues but for bars and casinos. Some locations may also serve made-to-order meals such as The Winner's Circle Sports Bar. Enzo's at 1502 Rehberg Lane does not have gambling and is only a restaurant that serves alcohol with meals.
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. For example, if this application were submitted after the adoption of the new code, it might not be feasible to approve the expansion due to the residential zone to the south. New casinos with 10 or more gambling machines would not be an allowed use in this location due to the proximity of residential zoning.
The property is directly north of the residential neighborhood along Alderson Avenue and is about 500 feet east of the major arterial intersection with 24th Street West. Grand Avenue in this location is a 5-lane principal arterial street that sustains about 18,500+ vehicle trips per day on an average weekday. Grand Avenue has a posted speed limit of 35 mph, and has a center turn lane to allow turning movements to the businesses along the corridor. The property currently has vehicle access from three driveways off Grand Avenue - one east of the building and two west of the building.
Police reports for this general area (1/4-mile radius of 2244 Grand) for the last six months indicate 139 reported incidents including five DUI, five assaults, three burglaries and 22 larcenies. The largest category of reports are disturbing the peace (83), which includes suspicious activity and noise complaints. This is not an unusually high number of incidents along the Grand Avenue corridor.
Planning staff has reviewed the criteria for special review for the proposed use and is recommending conditional approval based on these findings. The use meets the first criteria - the use is an allowed special review use in the CC zone. There are only three other casino locations within 1/4-mile of this location (a 10 minute walk). There are six locations serving food or alcohol (or both) and three locations for gambling. The zoning code does not specify a required separation or spacing requirement for alcohol licenses or gambling activities, but consideration of the number of outlets within a market area has relevance to the economic viability of the corridor. There does not appear to be an over-abundance of locations for food and alcohol service in this area of Grand Avenue so an expansion of this location can be sustained. The second criteria is whether the location meets the goals and objectives of the zoning code. The zoning code and growth policy have a primary goal of ensuring compatibility between uses and reducing conflicts between adjacent properties. The site made some improvements required in 2005 when Gordy's Casino was approved by special review. The proposed expansion will not have any impact on the adjacent residential area to the south. There is no proposed outdoor seating and the screening and landscape buffer installed in 2005 is a significant barrier for the adjacent neighbors. The third review criteria is whether the location and use is sufficiently screened or buffered from adjacent sensitive land uses. There is no direct connection to the residential neighbors and the property has sufficient access from Grand Avenue. No additional conditions are recommended to mitigate potential negative impacts.
The zoning history in this area of Grand includes 14 special review requests since 1984 to allow alcohol service with and without gambling. Most of these were approved. Most of these special review requests were not for restaurant venues but for bars and casinos. Some locations may also serve made-to-order meals such as The Winner's Circle Sports Bar. Enzo's at 1502 Rehberg Lane does not have gambling and is only a restaurant that serves alcohol with meals.
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. For example, if this application were submitted after the adoption of the new code, it might not be feasible to approve the expansion due to the residential zone to the south. New casinos with 10 or more gambling machines would not be an allowed use in this location due to the proximity of residential zoning.
The property is directly north of the residential neighborhood along Alderson Avenue and is about 500 feet east of the major arterial intersection with 24th Street West. Grand Avenue in this location is a 5-lane principal arterial street that sustains about 18,500+ vehicle trips per day on an average weekday. Grand Avenue has a posted speed limit of 35 mph, and has a center turn lane to allow turning movements to the businesses along the corridor. The property currently has vehicle access from three driveways off Grand Avenue - one east of the building and two west of the building.
Police reports for this general area (1/4-mile radius of 2244 Grand) for the last six months indicate 139 reported incidents including five DUI, five assaults, three burglaries and 22 larcenies. The largest category of reports are disturbing the peace (83), which includes suspicious activity and noise complaints. This is not an unusually high number of incidents along the Grand Avenue corridor.
Planning staff has reviewed the criteria for special review for the proposed use and is recommending conditional approval based on these findings. The use meets the first criteria - the use is an allowed special review use in the CC zone. There are only three other casino locations within 1/4-mile of this location (a 10 minute walk). There are six locations serving food or alcohol (or both) and three locations for gambling. The zoning code does not specify a required separation or spacing requirement for alcohol licenses or gambling activities, but consideration of the number of outlets within a market area has relevance to the economic viability of the corridor. There does not appear to be an over-abundance of locations for food and alcohol service in this area of Grand Avenue so an expansion of this location can be sustained. The second criteria is whether the location meets the goals and objectives of the zoning code. The zoning code and growth policy have a primary goal of ensuring compatibility between uses and reducing conflicts between adjacent properties. The site made some improvements required in 2005 when Gordy's Casino was approved by special review. The proposed expansion will not have any impact on the adjacent residential area to the south. There is no proposed outdoor seating and the screening and landscape buffer installed in 2005 is a significant barrier for the adjacent neighbors. The third review criteria is whether the location and use is sufficiently screened or buffered from adjacent sensitive land uses. There is no direct connection to the residential neighbors and the property has sufficient access from Grand Avenue. No additional conditions are recommended to mitigate potential negative impacts.
SUMMARY
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 complies with the zoning requirements. There is no access to the residential area to the south and there is a mature and significant landscaped buffer along the south property line. The solid waste dumpster is not enclosed but it is shared with the adjacent business (Steve's Hot Dogs) and is located at the back of the property. The remaining landscaping on the site appears to meet the code requirements in Section 27-1100.
The application does meet the second criteria, as it is consistent with some of the objectives of the 2016 Growth Policy:
Strong Neighborhoods:
Prosperity:
The third criteria for special review is whether the proposed use is screened and separated for the adjacent uses to minimize adverse impacts. The site has sufficient landscaping and buffering for the adjacent residential area. The only recommended condition is to maintain this landscape buffer and to continue the previous conditions from SR 777 concerning the parking lot lighting and the prohibition on outdoor service or music.
PROPOSED CONDITIONS
1. The special review approval is for the proposed expansion of the all beverage liquor license and gambling into 2,160 square feet of vacant interior tenant space in the existing building located at 2244 Grand Avenue, on Block 2, Lot 8, Arnold Sub. 1st Filing, a 12,280 square foot parcel of land. No other use is intended or implied.
2. The applicant and owner shall continue to maintain the existing landscape buffer along the south property line.
3. No outdoor seating, outdoor music or outdoor public announcement systems will be allowed with this application.
4. Any new 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).
5. The applicant will comply with all other city codes including building, engineering and fire codes that may apply to the proposed expansion and use of the building.
6. All other limitations on expansion shall apply in accordance with Section 27-613 of the Billings Montana City Code.
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 complies with the zoning requirements. There is no access to the residential area to the south and there is a mature and significant landscaped buffer along the south property line. The solid waste dumpster is not enclosed but it is shared with the adjacent business (Steve's Hot Dogs) and is located at the back of the property. The remaining landscaping on the site appears to meet the code requirements in Section 27-1100.
The application does meet the second criteria, as it is consistent with some of the objectives of the 2016 Growth Policy:
Strong Neighborhoods:
- Neighborhoods that are safe and attractive and provide essential services are much desired.
Prosperity:
- Successful businesses that provide local jobs benefit the community
- Retaining and supporting existing businesses helps sustain a healthy economy
The third criteria for special review is whether the proposed use is screened and separated for the adjacent uses to minimize adverse impacts. The site has sufficient landscaping and buffering for the adjacent residential area. The only recommended condition is to maintain this landscape buffer and to continue the previous conditions from SR 777 concerning the parking lot lighting and the prohibition on outdoor service or music.
PROPOSED CONDITIONS
1. The special review approval is for the proposed expansion of the all beverage liquor license and gambling into 2,160 square feet of vacant interior tenant space in the existing building located at 2244 Grand Avenue, on Block 2, Lot 8, Arnold Sub. 1st Filing, a 12,280 square foot parcel of land. No other use is intended or implied.
2. The applicant and owner shall continue to maintain the existing landscape buffer along the south property line.
3. No outdoor seating, outdoor music or outdoor public announcement systems will be allowed with this application.
4. Any new 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).
5. The applicant will comply with all other city codes including building, engineering and fire codes that may apply to the proposed expansion and use of the building.
6. All other limitations on expansion shall apply in accordance with Section 27-613 of the Billings Montana City Code.
RECOMMENDATION
Planning staff is recommending conditional approval of the special review request.