Regular 6.
Regular City Council Meeting
- Meeting Date:
- 07/27/2020
- TITLE
- Special Review 982 - 2244 & 2248 Grand Avenue - Expansion of Gordy's All Beverage license with gambling
- PRESENTED BY:
- Nicole Cromwell
- Department:
- Planning & Community Services
- Division:
- Planning
RECOMMENDATION
The Zoning Commission recommends conditional approval of Special Review 982 based on the findings of the three criteria for special reviews.
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. 1 st 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.
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. 1 st 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.
BACKGROUND (Consistency with Adopted Plans and Policies, if applicable)
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.
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.
The Zoning Commission recommends the following conditions of approval:
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. 1 st 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.
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.
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:
- 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.
The Zoning Commission recommends the following conditions of approval:
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. 1 st 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.
STAKEHOLDERS
The Zoning Commission conducted a public hearing in a virtual format on July 7, 2020 and received the staff report and testimony from the applicant, Gordy Roma. No other testimony was received.
FISCAL EFFECTS
Conditional approval of this Special Review has no impact on the Planning Division budget.