HomeMy WebLinkAbout06-07-2022 Planning Commission MinutesPLANNING COMMISSION
City Hall—Council Chambers, 590 40th Ave NE
Tuesday, June 07, 2022
6:00 PM
MINUTES
CALL TO ORDER
The meeting was called to order at 6:00 pm by Hark.
Commissioners present: Laurel Deneen, Stan Hoium,Tom Kaiser,John Murzyn Jr., Mike Novitsky,Eric
Sahnow,Mark Vargas
Commissioners absent: Clara Wolfe
Also present:Minerva Hark, City Planner;Alicia Howe, Administrative Assistant; Councilmember KT
Jacobs
1.Swearing in of Planning Commissioners Thomas Kaiser and Eric Sahnow
Hark led the oath of office for Planning Commissioners Thomas Kaiser and Eric Sahnow.
2.Election of Planning Commission Officers
Officer Elections are held on an annual basis. In order for a member to be considered for an
officer position, they must be nominated by another Planning Commission member or
nominate themselves.
Hoium nominated Sahnow for Chair.
Motion by Hoium, seconded by Kaiser, to elect Sahnow as Chair of the Planning
Commission.A roll call vote was taken.All ayes. MOTION PASSED.
Hoium nominated Kaiser for Vice Chair.
Motion by Hoium, seconded by Sahnow, to elect Kaiser as Vice Chair of the Planning
Commission.A roll call vote was taken.All ayes. MOTION PASSED.
Hoium nominated Vargas for Secretary/Treasurer.
Motion by Hoium, seconded by Kaiser, to elect Vargas as Secretary/Treasurer of the
Planning Commission.A roll call vote was taken.All ayes. MOTION PASSED.
PUBLIC HEARINGS
3.Interim Use Permit for Seasonal Fireworks Sales Tent located at 4001 Central Avenue NE
Introduction:Hark reported that Renaissance Fireworks, Inc. has applied for an Interim Use
Permit to allow the operation of a seasonal fireworks sales tent at 4001 Central Avenue NE.
The specific development standards for outdoor fireworks sales/display are found in
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Section 9.107 (C) (22) of City Code, and will be added as conditions of approval for this
permit. The attached property and tent location map illustrates the configuration and
orientation of the fireworks tent to Central Avenue. The Fire Chief and Building Official will
conduct a site inspection of the tent.
Zoning Ordinance:The property located at 4001 Central Avenue NE is in the CBD, Central
Business District. The properties to the north and west are also zoned Central Business,
while the properties to the east are zoned in the R-4, Multiple Family Residential District.
The site to the south of the subject property is zoned as a Planned Unit Development,
which will have a mix of multi-family residential, commercial, and institutional uses.
Seasonal Fireworks Sales is allowed as Interim Use in the Central Business Zoning District.
Comprehensive Plan:The Comprehensive Plan designates the property for commercial use.
The proposal for seasonal fireworks sales is consistent with the intent of the City’s
Comprehensive Plan.
Findings of Fact:Section 9.104 (I) of the Zoning Ordinance outlines seven findings of fact
that must be met in order for the City to grant an interim use permit.They are as follows:
(a)The use is one of the interim uses listed for the zoning district in which the property is
located, or is a substantially similar use, as determined by the Zoning Administrator.
Staff comments:Fireworks tents are specifically listed as an Interim Use in the Central
Business District, and are considered retail sales, which are permitted.
(b)The use is in harmony with the general purpose and intent of the Comprehensive Plan.
Staff comments:The Comprehensive Plan designates the property for commercial use,
including retail sales. The proposal is consistent with the intent of the City’s
Comprehensive Plan.
(c)The use will not impose hazards or disturbing influences on neighboring properties.
Staff comments:The proposed temporary use should not impose hazardous or
disturbing influences on neighboring properties because of its proximity to Central
Avenue. It is screened from adjacent residential uses by the surrounding commercial
buildings.
(d)The use will not substantially diminish the use of property in the immediate vicinity.
Staff comments:The fireworks tent shouldn’t diminish the use of the adjacent
properties.
(e)The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character of the
surrounding area.
Staff comments:The Fire Department will conduct an on-site inspection prior to any
temporary sales. All State and City requirements regarding fireworks sales will be met.
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(f)Adequate measures have been or will be taken to minimize traffic congestion on the
public streets and to provide for appropriate on-site circulation of traffic.
Staff comments:The traffic generated by the fireworks tent will not significantly
increase the flow of traffic on the public streets. Additionally, the site is large enough to
handle additional on-site traffic.
(g)The use will not cause a negative cumulative effect on other uses in the immediate
vicinity.
Staff comments:The fireworks tent should not have a negative impact on other uses in
the immediate vicinity, which are all zoned commercial.
Recommendation:Staff recommends that the Planning Commission approve the Interim
Use Permit to allow the operation of a seasonal fireworks sales tent at 4001 Central
Avenue, subject to conditions of approval outlined below.
Vargas asked if this permit differs at all from the others they have received throughout the
years. Hark stated it is the same.
Hoium asked about changing the permit process,so they don’t have to come before the
Planning Commission.Hark stated that this is embedded into the Code for the CBD zoning
district and all other districts that it is an allowed use through an interim use permit; what
an interim use permit process entails would need to be amended, to change that it
wouldn’t need to be approved by the Planning Commission. She further stated that Staff
plans to move forward with an administrative application, where Staff would review and
approve.
Hoium and Vargas commented on the Safety Data Sheet stating it is not readable and out-
of-date. Hark stated that whether it goes through the same process next year to the
Planning Commission or is an administrative application, they will require that they submit
an updated copy.
Sahnow opened the public hearing.
No one wished to speak.
Motion by Sahnow, seconded by Hoium,to close the public hearing and waive the reading
of Resolution No. 2022-PZ01, there being ample copies available to the public.All ayes.
MOTION PASSED.
Motion by Hoium, seconded by Kaiser,to adopt Resolution No. 2022-PZ01, being a
resolution approving an Interim Use Permit for a fireworks sales tent at 4001 Central
Avenue NE, from June 24,2022, to July 5, 2022, subject to the conditions stated in the
resolution.All ayes. MOTION PASSED.
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Conditional Use Permit for a Brew Pub located at 4001 Central Avenue NE
Introduction:Hark reported that William Roberts of Rail Werks Brewing Depot has applied
for a Conditional Use Permit to allow for the operation of a brew pub at Columbia Heights
Mall, located at 4001 Central Avenue NE, specifically within Suite 4055. The brew pub is
proposed to include a microbrewery production facility, full-service bar with in-house
brewed beers and craft cocktails, food service specializing in smoked meats, a game zone
for iceless curling, and a private party room. The applicant was previously approved for a
Conditional Use Permit for a brew pub at the same location by Resolution No. 2020-18 on
February 10, 2020. The Conditional Use Permit has since become null and void due to the
lack of project completion within the calendar year following the project’s approval. This
current application acts as the petition for the renewal of the previously approved
Conditional Use Permit.
Zoning Ordinance:The subject property is located in the CBD –Central Business District. It
is adjacent to the Central Business District (CBD) and Multiple Family Residential District (R-
4) to the north, Central Business District (CBD) to the west, and Multiple-Family Residential
District (R-4) to the east. Just south of the site is a Planned Unit Development (PUD No.
2020-01), to include the new City Hall, multiple-family dwelling units, and a café.
The Zoning Ordinance defines a brew pub as “a restaurant that conducts the retail of on-
sale malt liquor consumed and brewed on the premise.” The Zoning Ordinance allows brew
pubs by Conditional Use Permit in the Central Business District. The Conditional Use Permit
requirements, licensing requirements, and applicable Zoning Ordinance requirements are
all discussed in this report. The Zoning Ordinance requires the Planning Commission to hold
a public hearing on the application for a Conditional Use Permit and submit its
recommendation to the City Council for final determination, which will be Monday, June
13, 2022.
Comprehensive Plan:The Comprehensive Plan guides this area for Transit Oriented
Development. Transit Oriented Development seeks to promote a variety of uses, including
retail businesses. The proposed brew pub is consistent with the Comprehensive Plan’s
goals.
Site Plan:The following numbered items are an analysis of the application plans against the
City Code and Zoning Ordinance. Since the applicant intends to occupy a vacant tenant bay
in an existing commercial building, note that some of the conditions are previously existing.
1.Parking
The existing shopping center contains numerous parking spaces that serve the tenants
of the site.The site is located in the Central Business District, which does not require
parking. It should be noted that the performance standards for a brew pub do not
contain specific requirements for off-street parking; only confirmation that the site
complies with parking requirements for the district where the site is located. In this
regard, the site is compliant with its parking standard.
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2.Access
The site is currently served by access from Central Avenue NE, 40th Avenue NE, and
41st Avenue NE. The site has a service road on the rear of the building for trash
handling service and deliveries. No changes to site access are proposed.
3.Signage
The applicant has not submitted drawings for on-site signage. Signs are required to
have a building permit and are subject to review for compliance by City Staff. As a
condition of approval, all signage shall be reviewed by the City for approval.
4.Trash Container / Trash Service
The site has trash service on the rear of the building that serves all the tenants of the
site.The project will be conditioned to use poly trash containers to help mitigate noise
from trash handling services.
5.Fire Access
The area in front of the building is marked with yellow curb paint and signage that
states “No Parking –Fire Lane”. As a condition of approval, this will be required to
remain.
6.Pedestrian and Bicycle Access
The site has pedestrian access to connect the parking area to the building. The parking
area is connected to the City’s sidewalk system so pedestrians may access the site. It
does not appear that the site provides access or parking of bicycles. The 2040
Comprehensive Plan land use goals state that sites should have pedestrian and bicycle
access. While the pedestrian access appears to be satisfied, the site should incorporate
a bicycle parking area to satisfy this goal. Staff is recommending that a bicycle rack
capable of accommodating four bicycles be a condition of approval. Additionally, it
should be noted that the site also contains a transit hub.
7.Patio / Outdoor Dining Area
The applicant is not proposing any outdoor patio areas at this time. If an outdoor patio
and dining area is proposed in the future, the applicant shall submit an updated site
plan for review by City Staff. This may require an amended or new Conditional Use
Permit.
8.Loading Area
The applicant is proposing to use an eight-foot by eight-foot overhead door on the rear
of the building for loading and unloading purposes. As a condition of approval, supplies
can only be delivered through this rear loading area. No loading or deliveries shall be
allowed from the front of the building.
9.Neighborhood Notification
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A Notice of Public Hearing was sent to property owners within 350 feet of the project
site. City Staff received phone calls and emails from residents both supporting the
project and requesting more information. No comments of opposition were received by
City Staff.
10.Staff Review
The project submittal was reviewed by the Public Works Department, Fire Department,
Police Department, and Community Development Department. City Staff found that
the conditions of approval from Resolution No. 2020-18 were still relevant and
sufficient for this Conditional Use Permit renewal. No additional comments or
conditions were provided.
Findings of Fact:Section 9.104 (H) of the Zoning Code outlines nine conditions that must be
met in order for the City to grant a Conditional Use Permit. They are as follows:
(a)The use is one of the conditional uses listed for the zoning district in which the property
is located, or is a substantially similar use as determined by the Zoning Administrator.
Staff Comments:The use is specifically listed as a conditional use in the Central Business
District under Section 9.110(F)(3)(k).
(b)The use is in harmony with the general purpose and intent of the comprehensive plan.
Staff Comments:The Comprehensive Plan guides this property for retail, office, and
multi-family residential. As a brew pub, the use will be in harmony with the general
purpose and intent of the Comprehensive Plan.
(c)The use will not impose hazards or disturbing influences on neighboring properties.
Staff Comments:In review of the applicant’s site plan and narrative, Staff does not feel
this will be an issue at this site. Staff has added conditions related to noise and crowd
control to ensure that this project would not impose disturbing influences on
neighboring properties.
(d)The use will not substantially diminish the use of property in the immediate vicinity.
Staff Comments:The proposed project should not diminish the use of the property in the
immediate vicinity.
(e)The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended character of the
surrounding area.
Staff Comments:The use will be occupying an existing building as part of a larger
shopping center. No significant changes to the design are proposed.
(f)The use and property upon which the use is located are adequately served by essential
public facilities and services.
Staff Comments:The site has all existing utilities and services. No changes to public
services or facilities are proposed.
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(g)Adequate measures have been or will be taken to minimize traffic congestion on the
public streets and to provide for appropriate on-site circulation of traffic.
Staff Comments:The site is served by existing traffic circulation. The site can be
accessed from the north, west, or south; this is an existing condition. Staff is not
recommending any changes to the on-site traffic circulation. Traffic congestion on the
public streets is not expected to be a concern. The site and area have been designed to
accommodate traffic at this location.
(h)The use will not cause a negative cumulative effect, when considered in conjunction
with the cumulative effect of other uses in the immediate vicinity.
Staff Comments:This is correct. The brew pub is not expected to cause a negative
cumulative effect on the area.
(i)The use complies with all other applicable regulations for the district in which it is
located.
Staff Comments:In review of the site plan, Staff believes that the use complies with all
other applicable regulations for the district it is located in.
Specific Development Standards:Section 9.107(C)(53) of the Zoning Ordinance outlines
eight specific requirements for a brew pub. These requirements are reviewed below:
(a)All malt liquor production shall be within a completely enclosed structure.
Staff Comments:In review of the applicant’s site plan, they are compliant with this
requirement.
(b)Mechanical equipment shall be placed and/or screened so as to minimize the visual
impact on adjacent properties and from public streets.
Staff Comments:The applicant is not proposing to locate any new mechanical
equipment on the outside of the building at this time. As a condition of approval, any
new mechanical equipment this is installed at a later date will have to adhere to the
screening requirements of the District.
(c)In zoning districts where off-street parking is required, a transportation management
plan shall be submitted to address off-street parking, bus and freight loading, and
traffic control.
Staff Comments:No parking requirement is needed at this site. The existing site has
many parking spaces and a transit hub on-site.
(d)Loading areas shall not be oriented toward a public street, nor shall loading docks be
located on the side of any building facing an adjacent lot that is zoned residential.
Where these districts or streets abut all sides of the property, the loading areas shall be
screened by a solid wall or opaque fence with a minimum height of six feet, in addition
to any required landscape buffer.
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Staff Comments:The loading area for this site is on the east side of the building. This is
an existing condition from the original site plans and predates the residential uses to the
east. The applicant is proposing to continue to use this side of the building for deliveries.
(e)Trash and/or recycling collection areas shall be enclosed on at least three sides by an
opaque screening wall or fence no less than six feet in height. The open side of the
enclosure shall not face any public street or the front yard of any adjacent property.
Staff Comments:As a condition of approval, the applicant shall meet this requirement.
The applicant shall submit drawings of the trash enclosure for City Staff review.
(f)By-products and waste from the production of malt liquor shall be properly disposed of
off the property.
Staff Comments:As a condition of approval, the applicant shall submit a narrative on
how they plan to dispose of the by-products from the malt liquor production.
(g)The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys
within 100 feet of the use shall be inspected regularly for the purposes of removing
litter found thereon.
Staff Comments:This will be a condition of approval.
(h)The facility shall meet all applicable building and fire codes, and shall be licensed as
required by the state or county.
Staff Comments:This will be a condition of approval.
Malt Liquor License:As part of the process, the applicant will be required to apply for the
appropriate alcohol licenses. Based on the narrative submitted to the City, they will need
to obtain both an On-Sale Brew Pub license for the on-site consumption and sale of malt
liquor per City Code Section 5.503, and an On-Sale Intoxicating Liquor license for the on-
site consumption and sale of alcoholic cocktails per City Code Section 5.505. This process
will be completed separately from the Conditional Use Permit application. By City Code,
the licenses must be obtained prior to the business’s sale and service of alcohol.
Recommendation:In review of the applicant’s site plan, application, and other relevant
materials, Staff finds the request for a Conditional Use Permit to operate a brew pub to be
a reasonable request that will not negatively impact the health, safety, or welfare of the
City, its residents, and property owners. Staff recommends that the Planning Commission
recommend that the City Council approve the conditional use permit as present, subject to
the conditions of approval outlined in the resolution.
Kaiser stated he was happy that Staff recommended adding bike parking there and asked
about why the project was delayed. Hark said that it was due to the pandemic and in early
2020, the project was proposed as an arcade and a brew pub, and it has now been revised
to not include the arcade. She added that the applicant was not charged another fee for
renewal, but Staff felt it was appropriate to go through the approval process again.
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Kaiser asked if this plan proposed is the same square footage since the arcade is was
removed. Hark stated she didn’t believe so.
Hoium asked if they will be submitting for a liquor license. Hark stated they are required to
do so; they need two licenses, one for the brew pub and another for serving craft cocktails.
Hoium stated that the intoxicating liquor license was new from the previous application.
Hark replied that this is the case and Staff changed the liquor licensing rules for the City so
that licensees that hold intoxicating liquor licenses must sell fifty-five percent food in order
to sell liquor, which may change their mind.She added that the malt liquor licenses do not
have any food requirements attached to it.
Sahnow asked about the capacity that they will brew, and also if any of the recent state
liquor law changes impact them at all.Hark stated she didn’t believe any of the changes
would impact them negatively, it may only make it easier for them to operate and
generally, the city takes precedent as long as they are complying with what the state has
set forth. She added that as far as capacity, they are required to brew on site, and it is a
smaller capacity.
Sahnow asked if they would be allowed to sell growlers. Hark replied she believed so.
Deneen asked if the fifty-five percent food applied to growlers.Hark stated she believed it
applied to growlers and would have to look into if a third license would be required for the
sale of these.
Sahnow asked if they have a scheduled timeline on construction and occupancy. Hark
stated she was not sure, but this came to Staff’s attention because a few permits were
pulled, which also prompted them to initiate the CUP process again.
Deneen asked if the applicant is required to submit a construction plan as on how they will
not impact other business parking. Hark stated they are not required to submit a plan, and
that it would be worked out with the landlord instead.
Vargas stated that there is going to be a lot of pressurized work done with gases, in
conjunction with when the fireworks stand is going to be there. Hark said that there is a
distance between them, the contractor should be aware of that, and the fireworks sales
are only about two weeks.
Sahnow opened the public hearing.
No one wished to speak.
Motion by Hoium, seconded by Kaiser,to close the public hearing and waive the reading of
the draft resolution attached, there being ample copies available to the public.All ayes.
MOTION PASSED.
Motion by Kaiser, seconded by Hoium,to recommend that the Planning Commission
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recommend to the City Council approval of the Conditional Use Permit as presented, subject
to the conditions stated in the draft resolution.All ayes. MOTION PASSED.
OTHER BUSINESS
Hark stated that they received a third application, but the application was deemed incomplete. She
stated that if the completed application is received soon, there will be a meeting scheduled in July
2022, otherwise there isn’t any other pending projects, so the next meeting would take place in August
2022.
Hark stated they are still waiting on the “Rainbow Site”to start their public engagement process and
show their plans, which when ready, will then be brought to the Planning Commission for viewing and
feedback.
Hoium asked about the project behind the Public Safety Building. Hark stated they are working on the
sale of the city land,and they have resubmitted their building plan review; they are still hoping to
break ground this summer.
Hoium asked about SACA and Hark replied that she has not heard from SACA in a while.
Kaiser asked about the occupancy date of the new city hall. Hark stated that there is a delay in some
mechanical equipment so it is tentatively planned for winter or possible spring, however, the
apartments should be ready by the end of the year.
ADJOURNMENT
Motion by Vargas, seconded by Novitsky, to adjourn the meeting at 6:29 pm.All ayes. MOTION
PASSED.
Respectfully submitted,
________________________________
Alicia Howe, Administrative Assistant