Development Business - Erik Thorvig, Community Development Director
Title
Title
Granting a Conditional Use Permit to Operate an Approximately 3,000 Square Foot Event Center in a B-2 (Community Commercial) Zoning District at 1250 126th Avenue NE. Blaine Event Venue (Case File No. 22-0079/EES)
end
Executive Summary
The applicant is requesting a conditional use permit for a 3,000 square foot event center. The venue is currently in operation. 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 and without a CUP. The Planning Commission recommends denial.
Schedule of Actions
|
Planning Commission Public Hearing |
12/13/22 |
|
City Council (Conditional Use Permit) |
01/04/23 (Tabled) |
|
City Council (Conditional Use Permit) |
01/18/23 |
|
Action Deadline |
01/27/23 |
Background
Staff report prepared by Elizabeth Showalter, Community Development Specialist, and Teresa Barnes, Project Engineer
The City Council considered the application at the January 4 City Council meeting and tabled the action. Based on City Council discussion additional detail is provided in this report on the parking calculations used and the hours of operation.
Parking was calculated for each of the tenants of the shopping center with the stalls required for each user shown in the table. A more detailed table including all of the calculations is attached. To meet the needs of the current tenants (including the Event Venue), 77 stalls are required.
|
Tenant |
Ratio |
Stalls |
|
State Farm |
1/250 |
3.7 |
|
Pho Viet |
1/200 for kitchen - 1/100 for dining |
12.1 |
|
Salon K |
1/200 |
9.6 |
|
Umbria |
1/200 for kitchen - 1/100 for dining |
6.1 |
|
Creative Paws |
1/200 |
1.7 |
|
Hovland Music |
1/250 |
4.4 |
|
Barber |
1/200 |
3.0 |
|
Big Dipper |
1/200 for kitchen - 1/100 for dining |
6.8 |
|
Event Venue |
1/100 |
25.8 |
|
Landlord Storage |
1/250 |
4 |
|
Total |
|
77.3 |
The parking lot for the shopping center currently has 73 stalls. The applicant has agreed to construct a total of 8 additional stalls, bringing the total provided stalls to 81 stalls, exceeding the parking requirements by 4 stalls.
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 for the event venue.
|
Business |
Friday |
Saturday |
Sunday |
|
State Farm |
Appt only |
Closed |
Closed |
|
Pho Viet |
11am-8pm |
11am-8pm |
11am-8pm |
|
Salon K |
11am-3pm |
Closed |
Closed |
|
Umbria |
11am-9pm |
11am-9pm |
11am-9pm |
|
Creative Paws |
9am-3pm |
9am-2pm |
Closed |
|
Hovland Music |
Appt only |
Appt only |
Appt only |
|
Barber |
8am-5pm |
8am-2pm |
Closed |
|
Big Dipper |
3pm-8pm |
1pm-8pm |
Closed |
|
Blaine Event |
Appt only |
Appt only |
Appt only |
During typical event times (Friday evening and Saturday and Sunday) the non-restaurant businesses are generally closed, except for the barber and Creative Paws which are open limited hours during the morning and afternoon on Saturdays.
At the time this report was written, staff has not received any additional information from the property owner/business owner regarding a resolution to concerns that exist for the existing tenants. If information is provided to staff, staff will communicate this to the City Council either prior to or at the meeting.
The following report was provided for the January 4 City Council meeting and is provided here for reference.
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 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.
Evaluation of Request
Site Plan
The applicant is proposing to operate an event center in suite 400 with no more than 130 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 applicant has provided a summary of the events that were held in September and October while the event center was open. The applicant expects the event mix to be similar to this going forward.
The building and parking lot meet all applicable setbacks.
Parking Standards
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.
The applicant has provided an analysis of the parking requirements for the current tenants of the building which has resulted in a total parking requirement of 73 stalls and 73 stalls are provided. This does not apply any parking ratio to a 675 square foot area behind State Farm and used by the landlord (without separate plumbing fixtures), and a 432 square foot area behind Creative Paws (with separate plumbing fixtures). (The table in the update reflects these uses).
While those spaces are not currently being leased, they are still floor area and could be occupied in the future. While parking will be reviewed with subsequent Certificate of Occupancy requests from new tenants, enough parking needs to be provided that could be used in a plausible way. In this case, if used as office, an additional four spaces would be required.
The applicant has provided a plan showing where four additional spaces could be constructed on the west side of the western entrance and an additional five spaces on the north side of the building. The western most stall on the north side of the building does not meet the parking setback, so only four additional spaces may be constructed in that location. Staff has included a condition that the eight additional spaces be constructed by August 31, 2023.
While a minimum parking requirement is included in the code with the conditional use permit, the City has the opportunity to review the parking needs based on the specifics of the business and property. The base code requirement for event centers is 26 stalls. Several of the events are similar to events held in churches, which has a requirement of 1 stall per four seats, which amounts to 30 stalls. The applicant has requested the ability to host events with up to 120 people, which has the potential for a much higher parking demand if the event involves most people driving separately.
Originally, the resolution of approval indicated that a shuttle service be provided for events starting after 6PM with over 75 guests. The revised resolution of approval attached to this report indicates that the shuttle service be provided for events over 60 guests regardless of the time of the event. Sixty guests equate to 30 parking stalls, assuming an average of two attendees per vehicle. With the addition of the eight stalls, 30 stalls are available for use by the event center.
The applicant has provided a list of the tenants in the building and their associated hours. While these can be used to inform the conditional use permit, tenants can change which would likely impact hours of operation. Most events are held on Fridays, Saturdays and Sundays. On Fridays, the barber shop and groomer both close by 5PM, and State Farm and Hovland Music are only open by appointment, affording additional parking for the event center. Additional businesses are closed or have limited hours on Saturday, Sunday and Monday. The applicant has agreed to a lower capacity on Tuesday - Thursday when the other tenants have more parking demand.
Following the Planning Commission meeting, the applicant provided a plan showing locations of reserved parking for specific tenants that will be designated by the landlord with signage. The City will not enforce designated parking stalls in a private parking lot, the landlord is responsible for any enforcement.
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
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 use may or may not be compatible with adjoining properties. Limitations on occupancy and onsite parking may promote compatibility with adjoining 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 can be considered consistent or inconsistent with the intent of the Community Commercial zoning district to provide services to a trade area of nearby neighborhoods.
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 existing public roadway infrastructure within 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.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission voted unanimously to deny the conditional use permit. One person, a business owner in the retail center, spoke at the Planning Commission in opposition to the project primarily due to concerns about provision of adequate parking. The Planning Commission expressed concern about the amount of parking provided and the existing difficulty parking at the center.
Financial Impact
Not applicable.
Public Outreach/Input
Notices of a public hearing were:
1. Mailed to property owners within 350 feet of the property boundaries.
2. Published in Blaine/Spring Lake Park/Columbia Heights/Fridley Life.
3. Posted on the city website.
4. Posted (sign) on the property with contact information for the Planning Department.
Staff Recommendation
By motion, adopt either the resolution of denial, as recommended by the Planning Commission, or adopt the attached resolution of approval, as recommended by staff.
Attachment List
Zoning and Location Map
Narrative
Additional Parking Narrative
Site Plan
Proof of Parking Plan
Tenant Plan
Floor Plan
Parking Analysis
Hours of Operation Analysis
Reserved Parking Plan
Event Summary
Draft Resolution of Approval
Unapproved Planning commission Minutes 12/13/22
Presentation Slides
Letter from Applicant’s Attorney
Body
WHEREAS, an application has been filed by Blaine Event Venue as Conditional Use Permit Case File No. 22-0079 for Blaine Event Venue; and
WHEREAS, said case involves the property described as follows:
Unit 300, CIC No 172 Creekview
WHEREAS, the Blaine Planning Commission held a public hearing on December 13, 2022, and recommended denial regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on January 4, 2023; and
WHEREAS, the criteria identified in Section 27.04 for granting a conditional use permit has been met.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a conditional use permit is hereby approved per Section 30.14 (k) and 27.04 of the Zoning Ordinance 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 120 occupants on Fridays after 5PM and all-day Saturday, Sunday and Monday. Events at other times are limited to 75 occupants.
2. The eight additional parking spaces shall be constructed by August 31, 2023 and shall meet a 30-foot setback from the north property line.
3. 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.
4. If parking is insufficient on site for events, a shuttle service from offsite parking shall be used. The shuttle service must be used on all events with more than 60 attendees.
PASSED by the City Council of the City of Blaine this _____day of _______, 2023.