Sponsor - Elizabeth Showalter, Community Development Specialist
Title
Title
Public Hearing Case File No. 23-0014 // The Gathering Corner // 1250 126th Avenue NE
The applicant is requesting approval of a conditional use permit to operate an approximately 3,000 square foot meeting/assembly hall with an occupancy limit of 60 attendees in a B-2 (Community Commercial) zoning district.
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Background
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Zoning |
B-2 (Community Commercial) |
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Land Use |
CC (Community Commercial) |
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Area |
2.43 Acres |
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Applicable Regulations |
27.04, 30.14 (k) of the Blaine Zoning Code |
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Attachments |
Zoning and Location Map |
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Narrative |
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Site Plan |
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Floor Plan |
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Tenant Plan |
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Parking Analysis |
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Hours of Operation Analysis |
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Reserve Parking Signage Locations |
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Written Statement of Denial |
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Schedule |
Planning Commission: 12/13/22 |
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City Council: 01/04/23 |
Staff report prepared by Elizabeth Showalter, Community Development Specialist, and Teresa Barnes, Project Engineer
Executive Summary
Zoning
The property is zoned B-2 (Community Commercial) and guided CC (Community Commercial).
Surrounding Zoning and Land Uses
The property to the east is occupied by The Roadside restaurant and is zoned B-2. The property to the west is zoned R-1 (Single Family), and the properties to the north, which are separated from the subject property by 126th Avenue, are zoned R-1 and DF (Development Flex) and are occupied by single family homes.
Existing Conditions
The subject property is occupied by the Creekview Center retail building which includes a variety of retail, office, and restaurant uses.
History
The property was zoned B-2 in 1993 and the building was constructed in 2003. There are no active conditional use permits on the property. A conditional use permit was granted for a church to occupy suite 600 in 2007 (PC07-18). That permit expired when the space was no longer occupied by a church for a period of a year.
The current tenant of suite 400 is Blaine Event Venue. During a routine fire inspection, staff identified that the space was being occupied without the required Certificate of Occupancy, which is required for any change in use or tenancy. The space was most recently occupied by The Door, a church, who also did not have a Certificate of Occupancy or the necessary CUP for churches in the B-2 zoning district.
The applicant applied for a CUP for Blaine Event Venue with an occupancy limit of 120 attendees (PC22-0079). The CUP request was denied by the City Council on February 6, 2023. The applicant has now applied for a new CUP with a lower occupancy limit (60 attendees vs 120 attendees) and shifted from a general purpose event venue to a focus on microevents such as birthday parties, baby showers, sports banquets, and intimate weddings. The reduction in occupancy eliminates the need for shuttle service which was a concern from both the Planning Commission and City Council regarding the function and feasibility. The resolution adopting written findings for the denial of the CUP is attached. Concerns included that the scale of the event venue was not consistent with a neighborhood retail center and that the parking on site was not adequate for the proposed use.
Evaluation of Request
Site Plan
The applicant is proposing to operate an event center in suite 400 with no more than 60 attendees for baby showers, sports banquets, small weddings, and similar events. The space would also host church services on Sunday mornings. Event centers are regulated as meeting and assembly halls in the zoning code and are a conditional use in the B-2 district.
The building and parking lot meet all applicable setbacks.
Parking
The primary concern with event centers is provision of adequate parking. The code requires a minimum of one stall per 100 square feet for dining areas within establishments serving food and beverage, including event centers. Following the feedback provided by the Planning Commission and City Council, staff are currently reviewing the parking requirements in general, and are specifically reviewing the parking for event centers. Upon review of other cities’ parking requirements, staff will be recommending a parking requirement of one space for every two seats, plus spaces for employees. Through the conditional use permit process, the City can apply a higher parking requirement.
Parking was calculated for each of the tenants of the shopping center with the stalls required for each user shown in the table. To meet the needs of the current tenants (including the Event Venue), 77 stalls are required under the requirements of the current code, or 82 under the proposed new requirement. The proposed changes have not been reviewed by Planning Commission or City Council and are not enforceable as a standard at this time.
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Tenant |
Ratio |
Stalls |
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State Farm |
1/250 |
3.7 |
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Pho Viet |
1/200 for kitchen - 1/100 for dining |
12.1 |
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Salon K |
1/200 |
9.6 |
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Umbria |
1/200 for kitchen - 1/100 for dining |
6.1 |
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Creative Paws |
1/200 |
1.7 |
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Hovland Music |
1/250 |
4.4 |
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Barber |
1/200 |
3.0 |
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Big Dipper |
1/200 for kitchen - 1/100 for dining |
6.8 |
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Event Venue |
1 per 2 seats + employees |
25.8/31 |
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Landlord Storage |
1/250 |
4 |
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Total |
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77/82 |
The parking lot for the shopping center currently has 73 stalls. The applicant has agreed to construct a total of eight additional stalls - four stalls on the west side of the existing parking lot and four north of the building. Staff has included a condition that the eight additional spaces be constructed by August 31, 2023. This brings the total amount of parking provided to 81 stalls. One additional stall is needed to meet the proposed new parking requirements, if adopted. Staff recommends that the occupancy be limited to 58 attendees and one staff person if council anticipates changing the parking requirements as outlined above.
The applicant has also provided a breakdown of the hours of operation of each of the tenants in the center. A full summary of those hours is attached and the hours for businesses Friday through Sunday are included in the table below, since those are the peak times of concern for high parking demand.
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Business |
Friday |
Saturday |
Sunday |
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State Farm |
Appt only |
Closed |
Closed |
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Pho Viet |
11AM-8PM |
11AM-8PM |
11AM-8PM |
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Salon K |
11am-3 PM |
Closed |
Closed |
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Umbria |
11am-9PM |
11am-9PM |
11am-9PM |
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Creative Paws |
9am-3 PM |
9am-2PM |
Closed |
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Hovland Music |
Appt only |
Appt only |
Appt only |
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Barber |
8am-5 PM |
8am-2PM |
Closed |
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Big Dipper |
3pm-8 PM |
1pm-8PM |
Closed |
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Blaine Event |
Appt only |
Appt only |
Appt only |
To prevent prime parking spaces for individual tenants being used by attendees of events, the applicant has prepared a plan showing parking spots that will have signage installed. These signs would not be enforced by the City and would be the responsibility of the property owner/tenants.
Shared Access
There is a CUP for shared access between The Roadside and The Creekview Center with Resolution 13-128. After discussion with the city attorney, it was determined that the shared access CUP is not applicable to the requested CUP since the parking requirements for each property are being met on each individual site.
Architecture
The building is constructed of textured block, brick, glass and EIFS. The building meets the architectural standards in the B-2 zoning district and the Highway 65 overlay district.
Landscaping
Conforming landscaping was installed when the building was constructed, and it continues to meet code requirements.
Grading/Storm Drainage
The proposed event center does not result in any changes to the existing grading or storm water drainage in the area.
Utilities
The proposed event center does not require any additional or change to the existing utility services.
Wetlands/Watershed
The proposed event center does not result in any changes to the existing wetlands in the area nor does it require any review from the watershed district.
Access/Street Design/Sidewalks/Trails
The proposed event center does not result in any changes to the existing access, street design, sidewalks or trails in the area.
Easements/Right-of-Way/Permits
The proposed event center does not result in any changes to the existing easements or the right-of-way in the area. The proposed event center will be required to obtain any necessary permits for completion.
Conditional Use Permit
A city exercises “quasi-judicial” authority when considering a CUP application. This means the city’s role is limited to applying the standards in the ordinance to the facts presented by the application. The city acts like a judge in evaluating the facts against the standards.
Section 27.04 Criteria for granting conditional use permits:
The Blaine City Council shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use on the comprehensive plan and upon the health, safety, and general welfare of occupants of surrounding lands. Among other things, the Council shall consider the following findings where applicable. (Ord. No. 20-2447, 7-20-2020)
1. The use shall not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. The limitations on occupancy will prevent excess burdens on streets and the use in general will not create burden on parks, schools, or other public facilities.
2. The use will be located, designed, maintained, and operated to be compatible with adjoining properties and the existing or intended character of the zoning district. No changes are proposed to the design of the buildings which is compatible with adjoining properties. The limitations on occupancy promote compatibility with the adjacent properties.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The use will not change the appearance of the existing conforming building.
4. The use, in the opinion of the City Council, shall be reasonably related to the overall needs of the City and to the existing land use.
5. The use shall be consistent with the purposes of the zoning code and purposes of the zoning district in which the applicant intends to locate the proposed use. The use of a small event center is consistent with the intent of the Community Commercial zoning district.
6. The use shall not be in conflict with the comprehensive plan of the City. The use is consistent with the Community Commercial land use designation which is intended to include retail and services serving neighborhood or regional needs.
7. The use will not cause traffic hazard or congestion. The proposed event center will not result in any additional traffic hazards or additional congestion to the area.
8. The use shall have adequate utilities, access roads, drainage and necessary facilities. The proposed event center will have adequate utilities, access roads, drainage, or necessary facilities.
Recommendation
In Planning Case File No. 23-0014, it is recommended that the Planning Commission recommend approval of a conditional use permit to operate an approximately 3,000 square foot event center in a B-2 (Community Commercial) zoning district with the following conditions:
1. Events are limited to 58 occupants and one staff person. If additional staff people are utilized in the future, or for separate events, the number of attendees shall be reduced by two for each staff person.
2. Applicant shall install a sign stating “Conditional Use Permit Occupancy: 59” immediately under the occupancy limit sign required by the building code prior to issuance of a Certificate of Occupancy.
3. The eight additional parking spaces shall be constructed by August 31, 2023 and shall meet a 30-foot setback from the north property line.
4. An executed site improvement performance agreement and associated financial guarantee to guarantee completion of the proof of parking area shall be provided prior to issuance of a certificate of occupancy.