Public Hearing - Sheila Sellman, City Planner
Title
Title
Granting a Conditional Use Permit for Live Entertainment in a B-3 (Community Commercial) Zoning District at 76 Northtown Drive NE. Irie Vybz Jamaican Restaurant (Case File No. 23-0011/SAS)
end
Executive Summary
The applicant is requesting a Conditional Use Permit (CUP) for live entertainment in an existing restaurant.
Schedule of Actions
|
City Council (Conditional Use Permit) |
02/22/23 |
|
Action Deadline |
04/03/23 |
Background
Staff report prepared by Sheila Sellman, City Planner
Zoning
The subject site is zoned B-3 (Community Commercial).
Surrounding Zoning and uses
The surrounding parcels are zoned B-3 and developed with commercial uses. The property is adjacent to Northtown Mall.
Existing Conditions
The site is developed with a restaurant and parking lot.
History
The existing building was built in 1986 and was remodeled into a Buffalo Wild Wings restaurant in 2000. A certificate of occupancy was issued for Irie Vybz Jamaican Restaurant in November 2022, and is the current occupant.
Evaluation of Request
Site Plan
The building is existing, and no additions or other improvements are proposed. The live entertainment is inside the building so no exterior improvements are necessary for this approval.
Parking
Based on the site plan submitted by the applicant, 21 parking stalls are required. There are approximately 65 stalls onsite.
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.
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 site is already developed and adding entertainment does not create an excessive burden.
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. The live entertainment is going into an existing restaurant. Restaurants are compatible with the adjoining properties and meets the intent of the zoning district.
3. The use shall have an appearance that will not have an adverse effect upon adjacent properties. The live entertainment will be inside the 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 main use is a restaurant. The live entertainment is inside the restaurant. These types of uses are consistent with the zoning code.
6. The use shall not be in conflict with the comprehensive plan of the City. The use is commercial in nature and is not in conflict with the Comprehensive Plan.
7. The use will not cause traffic hazard or congestion. The use will not cause a traffic hazard or congestion.
8. The use shall have adequate utilities, access roads, drainage and necessary facilities. Adequate utilities are available, and the current access will be used.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The public hearing is being held at the City Council meeting, therefore no review or
recommendation was received from the Planning Commission. These types of CUPs are typically reviewed by the Planning Commission, but since the property was recently reviewed by the Commission related to the preliminary plat, the case has been referred by staff directly to the City Council.
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.
Staff Recommendation
By motion, adopt the Resolution
Attachment List
Zoning and Location Map
Narrative
Site Plan
Body
WHEREAS, an application has been filed by Shanice Hines-Hyatt as Conditional Use Permit Case File No. 23-0011 for Irie Vybz Jamaican Restaurant; and
WHEREAS, said case involves the property described as follows:
Lot 6 Block 2 MUIRS NORTHTOWN ADDITION
WHEREAS, the Blaine City Council held a public hearing on February 22, 2023, regarding said Conditional Use Permit; and
WHEREAS, the Blaine City Council has reviewed said case on February 22, 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 30.24 and 27.04 of the Zoning Ordinance to allow live entertainment inside an existing restaurant with the following conditions:
1. No live music is allowed outdoors on site.
2. The City reserves the right to revoke this conditional use permit if parking for the event exceeds parking availability on site.
3. The applicant is required to submit a floor plan for the event to the Community Standards Department prior to the next event occurring to ensure all building and fire codes are being met.
PASSED by the City Council of the City of Blaine this 22nd day of February, 2023.