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HomeMy WebLinkAbout12-21-1993 P&Z MINUTES � , b. � PLANNING AND ZONING COMIVIISSION MINUTES Special Meeting of December 21, 1993 Present: Chair Mary Higdem; Rita Earl, Phil Frye, Terry McConnell, Reed Taylor, Rick Wells Absent: Tom Ensley Staff: Dennis Crooks, Liz Yeary The special meeting of the Planning and Zoning Commission was called to order by Vice Chair Mary Higdem, at 12:00 noon in the City Hall Council Chambers. The public hearing on the agenda was a Special Use Pernut to allow the operation of a cocktail lounge/baz facility in a C-2 (Community Commercial) zoning district at 115 S. Kimball Ave.; applicant: Art Solis. Mary Higdem explained the purpose of this Special Meeting and the procedure for taking testimony. Dennis Crooks then gave a background report on the request including the location of the property, the history of the property as a bar, the changes to the City Code and State Law in regard to the operation of bars, the parking requirement for Special Uses, potential for noise, the need to look at measures for noise attenuation, and possible store front modification. In response to a question from Commissioner Frye, Dennis stated that there had been an approximate four year lapse since the bar had been in operation which, under current City Code, generated a re-evaluation of the use. All bars and cocktail lounges are now required to obtain a Special Use Permit from the Planning and Zoning Commission. In response to a question from Mary Higdem, Dennis confirmed that nine pazldng spaces would normally be required for ttus use. However, as part of the terms of the Special Use Permit, the Commission could reduce or waive this requirement, in accordance with the criteria contained in the Off-Street Parking Schedule of the Zoning Ordinance. Art Solis, applicant, then testified stating that he has leased approxunately 12 parking spaces at Trolley Square. Rita Earl asked Mr. Solis wha.t hours of operation he would be open, and he replied that they are proposing from 10:00 a.m. to 11:00 p.m. but aze considering 11:00 a.m. to 12:00 midnight. In response to questions about noise, Mr. Solis stated that the noise will be kept down. They aze not planning to do anything about frontage renovation. He felt that there was sufficient arrangement for trash containment at the reaz of the building. In response to a question from Rick Wells, Mr. Solis stated that although Duane Wolfe has a liquor license for this locaxion, Mr. Solis has leased the one owned by Trolley Square. In response to questions from Reed Taylor, Mr. Solis said he has cleaned the building, completely renovated the inside and that the goal is to keep the bar as clean as possible. In response to a question from Phil Frye, Mr. Solis replied that he has leased 12-15 spaces at Trolley Square. He did not think there would be parking problems because the majority of the MIIVLTTES P&Z 12-21-93 Page 1 J business would take place after 5:00 p.m. He does not expect most customers until 3:30 p.m. In response to questions frorn Rita and Mary, Mr. Solis stated that he is not providing incentives to park at Trolley Square but will remind customers that it is available. He will installing a three foot wide store front door but does not want to make other store front alterations at the present time. Police Chief Bob Sobba then testified, stating that he felt bars put an undue burden on the police department and that bars do not blend well with retail establishments. This request will mean there will be five bars within an approxunate one block retail area, where there is already inadequate parking. People always park close to the business they patronize. Bars attract long- term customers which further decreases parking availability. Rita Earl cited the City's two hour parking ordinance limit and asked the Chief if there had been any attempt to enforce that. The Chief replied that for economic reasons no officers have been designated to regulate on-street parking. The merchants aze divided as to how much regulation they want on parking, but if the bar is in competition with the merchants there are bound to be parking problems. Dwayne Seidenstucker then testified, stating that he owns a business in the same block, and that there is very limited pazking, i.e. four spaces for four businesses. He did not tivnk people would park at Trolley Square. Those who do use Trolley Square will not go down the L-shaped alley but will go down the sidewalk. The bars on 7th Avenue have driven away businesses and he feels the same thing will happen to his business. He did not feel things would improve after 5:00 p.m. since the karate school and the aerobics dance classes operate after then. In response to a question from Rita Earl, he said tha.t a baz would generate longer parking time than an ordinary reta.il business. Joan Seidenstucker then spoke in opposition expressing concern about parking, and the effect a baz would ha.ve on her flower delivery business, the downtown atmosphere, the type of atmosphere a bar would bring, and trash conta.inment. She was concerned that the back door is located on the alley, which is not well lit, and from past experience she has found that bazs do not make good neighbors. Glen Koch then spoke, stating that downtown is struggling and will continue to struggle and allowing another baz will not help solve the problem. To help turn Caldwell around sometimes one has to make rather restrictive or anti-business decisions. Having owned a building next to a bar for several years has been a nightmare in terms of noise, vandalism, human waste, etc. 'The expense of money on repairs and the associated time in police calls and other necessary costs was phenomenal. Mr. Koch requested the Commission turn down the application. Bettie Pilote then spoke in favor of the request, citing a good experience with the Trolley Square facility and the lack of police involvement. People walked to the facility. The present facility is designed to be a wann, friendly atmosphere. She agreed that other bars do cause problems but that this one will not do so. She did not feel that parking would be a concern and cited the Eagles facility which would have the same problerns with parking. She urged the Commission to approve the request stating that it will be an asset to the community. MINUTES P&Z 12-21-93 � Page 2 . - Ken Rivers of the Kings Department Store then testified in opposition. He stated that his store is open until 9:00 p.m. or 10:00 p.m. every night depending on the season. He is continually asked to accompany customers to their vehicles because they are afraid. Another bar across the street will not enhance the image. There are problems with foot traffic between bars with fights, customer harassment, and illegal parking of bar patrons in Kings parking lot. One of his employees was assaulted in the store by a bar patron. His store is designed to attract families with young children and the bar will not help that business. In response to a question from the Commission Mr. Rivers stated that approxunately 3-5 cars are towed away every weekend. Bruce Murdoch then testified, complimenting NIr. Solis on the work he has done. He is, however, concerned about noise, since he has renters above his store. He is also concerned about business separation since they share a property line which is the middle of a s�tairwell. The renter has already indicated he will move. Mr. Murdoch has had the apartment rented for 7 years and prior to his own ownership, it was rented for 40 years. Parking is also an issue. In response to a question from Reed Taylor Mr. Murdoch said that the Solis side of the upstairs property is probably condemnable since it is in very poor repair. Possibly in the future it could be renovated. Mrs. A. Braun then testified in opposition, citing her long tenure in downtown Caldwell, and 50 years of business. She questioned the use of the alley to reach Trolley Square because it is L- shaped. She could see no reason for another bar in Caldwell. Mr. Solis then responded to the testimony. He stated that when he bought the building it was inspected by the Building and Fire Departments for possible apamnent use, but discovered that such uses require two exits which this does not have. The problems with the upper portion of the building arose because of the long vacancy over many years. The building has been renovated and bought up to state and city codes. The location is ideal for people to have two or three beers after work before returning to their homes. If there were a problem at the begirming it should have been addressed prior to the money being spent on the renovation. But the problem was only discovered after the licenses had been requested. In response to a question from Rita. Earl, Mr. Solis stated that he was looking at about 50 people at one time, although the legal occupancy would be between 60 and 70. Realistically 30 people at one time would provide a very good business. In response to a question from Rita Earl, Dennis Crooks stated that other uses which require a Special Use Pennit in the zone are residential uses, amusement centers, motels, auction establishments, child caze centers, bazs etc. A bar requires more parking than other uses typically pemutted in that zone. The other special uses that currently exist in the area predate current zoning laws. The public hearing was then closed. Phil Frye questioned the likelihood of the business surviving on 30-40 people per day, and he felt there would have to be a larger customer base which would bring more tiaffic and parking difficulties. He felt pazking was a major concern. Reed Taylor agreed, citing his own experience trying to operate a business downtown close to bars and the associa.ted difficulties of parking violations, harassment and other nuisances. He felt that while he appreciated the applicant's MIlVUTES P&Z 12-21-93 Page 3 � . ability to deal with people within the establishment, once customers were outside they were outside his control and that is where problems arise. Terry McConnell agreed, saying that this would be another burden for the police department to try and control. In response to a question from Rick Wells, the Police Chief described the difficulty in prosecuting bar associated violations and the time and expense involved. Rick referred to the alley, stating that he saw this as a potential problem azea. The Fire Marshall, Harlan Dilley, stated that the existing gate would have to be removed or redesigned to pemut egress only from the alley, for emergency purposes. In response to a question from Terry McConnell, Harlan stated that Mr. Solis is aware of what has to be done to bring the upstairs up to Code. I Dennis explained the diff'iculty of revoking licenses and also revoking Special Use Permits. He went on to explain suggested Condition #8 stating that if there were occurrences within the six months that took place a review could take place before the six months expires. Reports could be documented; information could be presented to the Commission at any regular commission meeting as a miscellaneous item. Based on that information, the Commission could initiate formal reevaluation of the pernut at that time. Phil Frye commented that the prirnary purpose of this zoning district is retail commercial but there has been testimony that these types of establishments do not fit into the retail azea. He did not feel parking at Trolley Square would minim;�e the impact on e�cisting businesses. While he understood the expenditure already undertaken by the application, he did not feel that the Commission should take that into consideration. Rita Farl asked Phil where he considered a bar could go in Caldwell, to which he responded that there needs to be a buffer between bars and retail uses. He agreed that bars have a right to exist but they have to be in an area where they do not adversely affect what is already there. Reed Taylor stated that there are six parking spaces available for all the businesses but they need 28 and with a potential customer base of 60 they really require many more. Rita Earl commented that pazking will always be an issue. There is a need to ensure that the Commission does not discourage business downtown because of the lack of parking. Reed Taylor commented that a lot of retail business is beginning to come back downtown and this baz would not enhance that effort. Rick Wells stated that he feels the Commission should have some responsibility in addressing whether or not a bar is a suitable downtown use. He felt that whatever businesses moves into that building there would be a problem with pazking and increased traffic. He did not feel convinced that a bar, if it were managed property as the applicant says, could not be an asset. He felt Mr. Solis should have the opportunity to operate a bar. A lot depends on his clientele. If the clientele is a detriment, then we should have a mechanism to say this was not what was discussed at the hearing and be able to revoke the pernut. The Commission needs to look at prohibiting bars as a use in the downtown area. Phil Frye reiterated that pazking is a real problem and ZS to 30 customers aze going to take away valuable parking space. Rita Earl asked how we can encourage one type of business but MII�tUTES P&Z 12-21-93 Page 4 - . � " discourage another. Reed Taylor suggested the Commission look at the 7th Avenue area, and the problems generated by bars there. He felt it is easier to prevent problems now than after the business goes in. In response to a question from Mary Higdem, Dennis confirmed that she could exercise her right to vote. Rick Wells then offered a Motion to approve the Special Use Pemut with the ninth condition or an addition to condition #8 that consumption of alcohol will take place within the confines of the building. If there is a nuisance to the surrounding properties it should be reviewed and if there is a significant problern the pernut be revoked. This will give Mr. Solis a chance to have a business. He would like to see a downtown merchants committee to police themselves on parking. Rita Earl seconded the motion with a comment that we need to lrnow who has tha.t easement and what is it for. Mary Higdem, as Chair, restated the Motion that the Special Use Pernut be approved with the 8 , conditions stated in the report and an amended #8 or new #9 which would limit consumption of I, alcoholic beverages to the premises, that any nuisance or detriment to surroundi.ng neighbors or � property which would set in motion a process by which the special use could be reviewed by the Commission and that the gate be constructed so that access could not be gained to the building but they could have egress for fire safety purposes. There was some further discussion as to whether or not Rick would be willing to revoke a pernut once issued, the necessity for the gate on the alley, and the possibility of increasing violence because of alcoholism. ROLL CALL VOTE. Those voting yes: Wells, McConnell, Earl, Higdem. Those voting no: Frye, Taylor. Absent and not voting: Ensley. MOTION CARRIED Phil Frye asked that it be noted that his reason for voting against the request was that he thinkc the business will be detri.mental to downtown and does not reflect on Mr. Solis personally. With no further business the meeting adjourned at 2:30 p.m. � Recor ' g Secr , Vice Chair, Liz Yeary Mary Higdem MINi]TES P&Z 12-21-93 Page 5 "