April 11, 2018 Planning Minutes
CITY OF SPRING PARK
PLANNING COMMISSION MINUTES
APRIL 11, 2018 – 7:00 PM
SPRING PARK CITY HALL
1. CALL TO ORDER - The meeting was called to order by Chair Hoffman at 7:01 p.m.
2. PLEDGE OF ALLEGIANCE – Chair Hoffman led the audience in the Pledge of Allegiance.
3. ROLL CALL
Planning Commissioners Present: Jeff Hoffman, Chair, Max Avalos, Bruce Homan, Michael Mason, and Pete Kaczanowski.
Staff Present: Dan Tolsma, City Administrator; Al Brixius, City Planner; Nancy Jensen Beck, City Attorney; and Theresa Schyma, City Clerk.
Others Present: Catherine Kane Palen, City Council Member/Planning Commission Ex-Officio
4. ADOPT AGENDA
M/Mason, S/Kaczanowski to approve the agenda.
Motion carried 5-0.
5. APPROVAL OF MINUTES
a. Planning Commission Meeting Minutes from March 14, 2018
M/Mason, S/Homan to approve the minutes.
Motion carried 5-0.
6. CONSIDERATION/DISCUSSION ITEMS
a. Back Channel Brewery Patio Expansion CUP/Variance Public Hearing
City Planner Brixius presented a history of the site and description of the proposed expansion project at Back Channel Brewery, 4787 Shoreline Drive.
City Planner Brixius presented a thorough issue analysis including:
• Variance versus amendment processing
• Patio details
• Variance evaluation criteria
• Precedent with other establishments in the City
• Off-street parking supply
Joe Meehan, co-owner Back Channel Brewery, was available for questions.
Commissioner Avalos commented on the parking agreement and what would happen if the owner of the property that is providing overflow parking decided to sell the property in the future. He asked if language should be added to cover that potential scenario.
City Planner Brixius responded that language could be added to address any future sale of the property that is granting the parking agreement.
Commissioner Kaczanowski asked if the plans for outdoor expansion have changed since the original application and reduced the area by 100 square feet.
City Planner Brixius responded yes, the plans were adjusted so that the outdoor area did not exceed the indoor floor space.
Commissioner Kaczanowski responded that the 100 square feet in question is a grassy area that seemed to fit the expansion. He added that he would be comfortable allowing the additional 100 square feet since it makes sense for the space.
City Planner Brixius stated that if this variance is approved by the City Council he will consider bringing an ordinance amendment back to the Planning Commission in the future to address the allowances regarding outdoor areas in relation to indoor floor space.
The Planning Commission consensus was to allow the additional 100 square feet for this variance since it made sense for the site.
City Planner Brixius discussed the parking calculations and limitations for capacity in the building.
Commissioner Homan asked about the new capacity of the patio area.
Mr. Meehan responded that the City’s building official would determine the exact capacity. Currently the patio capacity is 125.
Commissioner Homan asked about entrances/exits for controlling alcohol in the outdoor area.
City Planner Brixius discussed the fence and gate requirements for the outdoor area.
Commissioner Avalos inquired as to any future plans for replacing green space.
City Planner Brixius responded that even with losing some green space for the expansion; the brewery is still within the code requirement for green space percentages.
i. Open Public Hearing – Chair Hoffman opened the public hearing at 7:25 p.m.
ii. Staff Summary
iii. Discussion & Public Feedback
Jim Crosby, 4722 West Arm Road, stated he is in favor of the expansion project for the brewery. He added that he only had concerns about speakers and music amplification but stated that he was happy to see those concerns have already addressed in the memo and conditions for approval.
Chair Hoffman announced that one written comment was received prior to the public hearing that was forwarded to the Planning Commission. Stacy Lundberg, 4772 West Arm Road, stated she was in favor of the expansion project for the brewery.
iv. Close Public Hearing & Recommendation to Council
M/Avalos, S/Mason to close the public hearing at 7:27 p.m.
Motion carried 5-0.
Commissioner Mason asked Mr. Crosby if he remembers any noise issues at the brewery’s grand opening party in November 2017.
Mr. Crosby responded that he doesn’t remember being disturbed by loud music that evening. His main concern with music amplification is that he doesn’t want it to be a nightly occurrence.
M/Kaczanowski, S/Homan to recommend to the City Council to approve Land Use Application Nos. 18-01 VAR and 18-01 CUP, for a variance to allow a taproom patio to exceed 30 percent of the floor area of the principal structure and a conditional use permit amendment to modify the approved site/development plan for Back Channel Brewery, 4787 Shoreline Drive with the below findings and conditions:
Findings for Land Use Application No. 18-01 VAR:
1. The site is zoned C-2 district and the use is allowed within the district.
2. There is precedent within the city to a larger outdoor dining/ drinking area.
3. The Applicants site plan and narrative have outlined location, design, and operation elements to reduced compatibility issues for surrounding properties.
4. The site has available parking to address the expanded patio.
Conditions for Land Use Application No. 18-01 CUP:
1. The applicant constructs the expanded patio in accordance with the approved site plan dated 4/2/18.
2. Applicant amends its taproom on-sale license to include the expanded service area.
3. An emergency exit shall be added to the north side of the expanded patio area.
4. No new speakers shall be installed in the expanded patio area.
5. A detail of the expanded outdoor patio area be provided which addresses the following items:
a. The expansion of the concrete sidewalk south of the building to provide a uniform floor level and surfacing.
b. Submission of a gate detail and gate latch.
c. Demonstration of the minimum 36-inch clear aisle between the tables and chairs.
d. Demonstration that the patio area is disability accessible.
Motion approved 5-0.
City Planner Brixius stated that the variance and CUP approvals for the expansion project, including a smoking area, do not allow for any indoor smoking.
b. Back Channel Brewery Market CUP Public Hearing
City Planner Brixius reviewed the application for a conditional use permit to allow accessory outdoor sales displays within a C-2 Shopping Center District for a Farmer’s and Artisan Market. The market would occupy the northern parking lot with not more than 20 vendors in the designated area and only for the approved times.
Chair Hoffman asked if the CUP should limit the market to certain days of the week.
City Planner Brixius responded that the City should place day and time limits on the CUP as a courtesy for the surrounding neighborhood and to help reduce nuisance complaints. He added that there is already major traffic in the vicinity of the brewery on Thursday nights in the summer.
Chair Hoffman asked if the CUP can identify two potential days for the market to choose from but only allow one operating day per week.
City Planner Brixius responded yes; this would give the market flexibility but still limit operation for one day per week.
Mr. Meehan stated that he would appreciate that flexibility.
City Planner Brixius discussed the following:
• Pedestrian traffic
• Parking requirements and agreements
• Customers will be able to access the farmer’s market without having to enter the brewery
• No outdoor alcohol consumption within the market will be allowed
• No outdoor audio sound systems will be allowed
Commissioner Kaczanowski asked if the three hour timeframe is enough for set-up and tear-down of vendor stalls.
Mr. Meehan responded that he would like set-up to be allowed for approximately one hour prior to the market opening.
City Planner Brixius responded that an additional hour will be added to the CUP to allow for the time needed to set-up vendor stalls; Wednesdays from 3-7 p.m. and Sundays from 11 a.m. – 3 p.m.
i. Open Public Hearing – Chair Hoffman opened the public hearing at 7:47 p.m.
ii. Staff Summary
iii. Discussion & Public Feedback
iv. Close Public Hearing & Recommendation to Council
M/Avalos, S/Kaczanowski to close the public hearing at 7:48 p.m.
Motion carried 5-0.
M/Avalos, S/Homan to recommend to the City Council to approve Land Use Application No. 18-02 CUP, for a conditional use permit to allow a Farmers/Artisan Market at Back Channel Brewery, 4787 Shoreline Drive, based on the narrative and plan submitted to the City dated April 2, 2018 and with the conditions below:
1. The Market events shall be limited to the Wednesdays 3:00 to 7:00 p.m. and Sundays 11:00 a.m. to 3:00 p.m.
2. The market area shall be limited to the area designated on the approved site plan and limited to no more than 20 vendors. No sales, storage, or operations shall extend beyond the approved market area. No encroachments within the landscaped areas of the site or the street right of way shall be allowed.
3. Applicant shall abide by the operational limitations outlined in their narrative dated 4/2/18.
4. Applicant shall provide trash and recycling receptacles for each event and conduct a site clean-up after each event.
5. There shall be no outdoor consumption of alcoholic beverages within the market area on in any parking lot.
6. No outdoor audio sound system within the market area.
Motion approved 5-0.
Chair Hoffman asked about the rule limiting outdoor area in relation to indoor floor space.
City Planner Brixius responded that the rules were put in place to ensure there is a financial investment in the principal building and to help control outdoor issues including noise and parking.
City Planner Brixius added that he will draft some language for an ordinance amendment addressing this issue. He stated that the language could tie the outdoor area size to the indoor floor space or to parking requirements.
The Planning Commission consensus was to see draft language that would limit outdoor space in relation to parking requirements.
c. Commercial Outdoor Storage Discussion - City Planner Brixius stated that City Attorney Jensen Beck is attending the meeting to answer any questions regarding a commercial property owner’s legal non-conforming rights, if any, in regards to outdoor storage.
City Planner Brixius discussed the history of violations with commercial businesses in the City.
City Attorney Jensen Beck further reviewed the lawsuit history for ordinance violations with commercial properties in Spring Park.
Commissioner Homan stated that history needs to be set aside; there are currently violations on commercial properties and that is what should be focused on as opposed to what occurred in the past.
City Planner Brixius stated that he wants to ensure that all commercial properties are treated in the same manner in regards to outdoor storage violations.
City Planner Brixius reviewed outdoor sales areas, screening requirements, permitted accessory uses, and seasonal boat storage during the off-season in parking lots.
Chair Hoffman stated that if a business owner is in compliance but the business appears run-down then there is nothing the City can do about it. You cannot force a business owner to take pride in their property.
Chair Hoffman stated that his opinion is that the City just needs to enforce the ordinances that are already in place.
City Attorney Jensen Beck described the administrative fine process that occurs when property owners do not correct violations in a timely manner.
Commissioner Homan asked if the City has received any complaints recently on commercial properties.
City Clerk Schyma responded that a resident called City Hall this morning with a complaint for a commercial property on Shoreline Drive.
Commissioner Avalos asked if a beautification plan needs to be designed for Shoreline Drive.
City Administrator Tolsma responded that a long-term solution is that each property should be looked at it on a case by case basis including what was legal when the business was established, is there a CUP on file, and if they are following that CUP. He further discussed the expenses when applying for a CUP.
Commissioner Kaczanowski discussed the goodwill gesture of reducing or removing fees for CUP applications in order to get commercial properties into compliance.
Commissioner Homan stated that the City has received complaints on these properties from residents so it isn’t really the City bringing this issue to the business owners.
City Administrator Tolsma stated that taking the fees out of the equation might help negotiations.
Chair Hoffman asked staff to prepare a list of the commercial properties on Shoreline Drive including what CUP’s have been approved and if there are any current violations for those properties.
City Attorney Jensen Beck stated that the City has been working on beautification for some time. Therefore, the City is able to focus its attention on certain sections of Spring Park at one time to get properties in compliance.
Commissioner Homan stated that the City just needs to enforce the Code that is already in place.
7. COMMUNICATIONS – None.
8. MISCELLANEOUS – Commissioner Homan asked to add an item to a future agenda concerning tax-forfeited land in the City. He stated that some of the land is looking unsightly due to the adjoining land owners using it for storage of debris and junk.
City Administrator Tolsma responded that letters are going to be prepared for the adjoining property owners with a notification of what the City intends to do with each parcel of land. Each parcel is different based on size and location so the plans for each piece of land are different. If the City has a legitimate reason for wanting to keep the land then the adjoining property owners will be given a sufficient amount of time to remove their items that have been encroaching on City property.
9. ADJOURNMENT
M/Mason, S/Avalos adjourn the Planning Commission Meeting at 9:01 p.m.
Motion carried 5-0.
Date Approved: May 9, 2018
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Dan Tolsma, City Administrator
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Theresa Schyma, City Clerk