Development Business - Lori Johnson, City Planner
Title
Granting a Conditional Use Permit for 16 Seats in an Outdoor Dining Area in a B-2 (Community Commercial) Zoning District at 10901 Baltimore Street NE, #100. Brix Properties, LLC (Oliver’s/Elevage Development Group) (Case File No, 21-0013/LSJ)
Executive Summary
Elevage Development Group is proposing to open Oliver’s restaurant in the former Tournament Liquors, and the owner wishes to operate with an outdoor dining patio.
Schedule of Actions
|
Planning Commission Public Hearing |
03/09/21 |
|
City Council (Conditional Use Permit) |
04/05/21 |
|
Action Deadline |
04/18/21 |
Background
Staff report prepared by Lori Johnson, City Planner
Tournament Liquors was located on the northwest corner of 109th Avenue and Baltimore Street. The applicant and owner of the building, Elevage Development Group, has sold the liquor business and would now like to reuse the building as a restaurant (Oliver’s) and personal office for the business. The site is zoned B-2 (Community Commercial) and a restaurant is a permitted use in this district.
To complement the restaurant, the applicant would also like to offer 16 seats in an outdoor dining area on the west side of the building. This aspect of the restaurant requires a conditional use permit in the B-2 (Community Commercial) zoning district.
The building itself is approximately 5,000 square feet in size. The use as a restaurant and office space, along with the outdoor dining area, requires 35 parking stalls and 35 stalls are on the site.
The following landscaping must also be on the site, according to the Highway 65 Overlay District requirements:
• Overstory Trees - 4
• Conifer Trees - 4
• Ornamental Trees - 4
The number of trees shown as existing or new on this plan is adequate. The applicant will be supplementing existing trees with new trees to enhance the appearance of the overall site.
The applicant must confer with the City’s Building Inspection Department on how to contact the Met Council to determine if more Sewer Access Charges (SAC) will be required for the outdoor dining area.
All signage on site must meet ordinance requirements and separate permits for signage are required.
Strategic Plan Relationship
Not applicable.
Board/Commission Review
The Planning Commission voted unanimously to approve the conditional use permit. There were no comments at the public hearing.
Financial Impact
Not applicable.
Public Outreach/Input
A public hearing notice for the Planning Commission meeting was sent to property owners within 350 feet of the property boundaries.
Staff Recommendation
By motion, approve the Resolution.
Attachment List
Zoning and Location Map
Site Plan
Floor Plan
Draft Planning Commission Minutes 3/9/21
Body
WHEREAS, an application has been filed by Brix Properties, LLC as Conditional Use Permit Case File No. 21-0013; and
WHEREAS, said case involves the land described as follows:
Lot 4, Block 2, ROSELAND INDUSTRIAL PARK, except that part lying southerly of the following described line: Beginning at the southeast corner of said Lot 4; thence North 89 degrees 44 minutes 05 seconds West, assumed bearing., a distance of 41.26 feet along the south line of said Lot 4; thence North 84 degrees 47 minutes 37 seconds West a distance of 180.74 feet to the west line of said Lot 4 and said line there terminating.
WHEREAS, a public hearing has been held by the Blaine Planning Commission on March 9, 2021; and
WHEREAS, the Blaine Planning Commission recommends said Conditional Use Permit be approved; and
WHEREAS, the Blaine City Council has reviewed said case on April 5, 2021.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Blaine that a Conditional Use Permit is hereby approved per Section 30.10 of the Zoning Ordinance to allow for 16 seats in an outdoor dining area in a B-2 (Community Commercial) zoning district based on the following conditions:
1. Plans for amplified background music for the outdoor dining area to be reviewed and approved by the City prior to installation. Volume levels for the music to be limited to not more than “normal conversation” levels and shall not be discernable or cause a nuisance to other land uses.
2. No outdoor advertising on building or patio area without obtaining a permit, including any signage on table umbrellas.
3. The outdoor dining area limited to the patio area identified on the attached site plan, and there can be no more than 16 seats in the outdoor dining area.
4. The outdoor dining area to meet all appropriate city regulations and license requirements for dispensing of alcohol in an outdoor setting.
5. The ability to operate outdoor dining is reliant upon the applicant’s ability to adequately control litter and refuse as associated with the facility.
6. Provide manufacturing specifications and requirements for propane heater use/gas fire pits and clearance to combustibles.
7. Exit doors on any railing or fence in the outdoor dining area shall be openable from the inside without the use of a key or any special knowledge or effort, per the Uniform Building Code.
8. No public address system allowed in the outdoor dining area.
9. All signage is issued under a separate permit.
10. Site plan review and subsequent building permits are required for this site as new parking and building changes are being made.
11. The applicant to coordinate with the City’s Building Inspection Department on obtaining a Met Council SAC determination for the restaurant/bar conversion and outdoor seating area. Payment of SAC to be applicant’s responsibility.
12. The following landscaping must be provided on site, according to the Highway 65 Overlay District requirements:
• Overstory Trees - 4
• Conifer Trees - 4
• Ornamental Trees - 4
The number of trees shown as existing or new on this plan is adequate.
PASSED by the City Council of the City of Blaine this 5th day of April, 2021.