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HomeMy WebLinkAboutPlanning 2013-07-25 Minutes - Board of Architectural Review / Public Hearing - Buffalo Wild Wings / Recreational Marijuana Producers, Processors and Retailers111111111 ir City of Tukwila Planning Commission Board of Architectural Review (BAR) and Planning Commission Public Hearing Minutes Date: July 25, 2013 Time: 6:30 PM Location: City Hall Council Chambers Present: Chair McLeod, Vice Chair Strander; Commissioners; Brooke Alford, Sharon Mann, Miguel Maestas, Cassandra Hunter Absent: Commissioner Mike Hansen with an excused absence Staff: Jack Pace, Director of Community Development Stacy MacGregor, Assistant Planner Teri Svedahl, Acting Planning Commission Secretary Chair McLeod opened the BAR review hearing at 6:34 pm for the following application: CASE NUMBER: L13 -018 APPLICANT: Jared Taylor for Golden Property Development REQUEST: Public Hearing Design Review for a new 5,880sf Buffalo Wild Wings restaurant on a pre - existing pad site LOCATION: 225 Tukwila Parkway, at the northeast corner of the Westfield Southcenter Mall Site Stacy MacGregor, Assistant Planner, Department of Community Development, asked all Commissioners the Appearance of Fairness questions. All Commissioners answered. There was no objection for any of the Commissioners to hearing the proposed application. Stacy MacGregor proceeded with the staff report and utilized a PowerPoint presentation. Staff presented to the Commission the proposed plans for a 8,451sf restaurant including a proposed patio at what is commonly known as the former Bank of America (BofA) site. The bank building is scheduled for demolition with the new restaurant to be built over the existing foundation. The bank basement will remain. Staff explained that the Design Review is for the building only as the site was redesigned in 2010 with the demolition of the BofA drive- through. At the time of the drive through demolition, the parking lot was landscaped and restriped, thus bringing the stalls, drive aisle widths, and landscape island up to code. It was also noted that the design of the parking lot was greatly influenced to preserve the existing mature trees around the site perimeter. Because the parking lot and landscape have previously been brought to code, Buffalo Wild Wings is not proposing any changes to those aspects of the site. Staff pointed out the significant things to note are the pedestrian path connections and sidewalks around the perimeter of the site. The new building is a combination of EFIS, brick and metal. The design was improved to include real brick as opposed to faux brick which was originally proposed. Color changes were also made throughout the design review process in order to meet the criteria in regards to bright colors being used as accents only. The applicant made other changes throughout the design review process to increase the sense of depth and modulation of the building. Page 1 of 5 BAR & PC Hearing Minutes July 25, 2013 Additional design features, such as spandrel glass, and trellises around the base of the building, were added to the building to allow the applicant to meet the standards to allow Incentive Signage under the City's Sign Code. Staff explained that there are two Comprehensive Plan policies that have been met by the proposed project: - Commercial Areas as well as the Urban Center goal. Staff recommended approval with conditions. The condition regarding the trellis and planters was read aloud for the record. Staff then invited comments from the Commissioners. Chair McLeod swore in those wishing to speak at the public hearing. Several questions were posed from the Commissioners. Questions included the need for clarification regarding what "sports bar" and "entertainment" meant. Applicant, Jared Taylor, later addressed this question and clarified their meaning. Other questions posed by the Commissioners were in regards to signage, screening of the service door, trash enclosure, and planting requirements for the life of the building. Stacy MacGregor, Assistant Planner; Jared Taylor, applicant; and Jonathan Jaeger, architect, addressed all of the questions asked by various Commissioners. Jared Taylor, applicant, then gave a summary of the project and the desire to revitalize the Mall area. He also noted that Westfield Mall is supportive of the project and proposed development. The priority was to design something that fits into what the City of Tukwila is seeking. He explained that Buffalo Wild Wings is considered primarily a family restaurant and sports restaurant to include TV's, a small arcade of video game machines, and table games. There is no live music or pool tables. Mr. Taylor also explained the service doors and how they are designed specifically to keep ingress of food deliveries separate from doors used by employees who enter and exit the building. Jonathan Jaeger, architect answered questions regarding the design of the enclosed patio and explained that the whole facade of the patio does open up for patrons to enjoy nice weather. Commissioners were concerned with future pedestrian connections throughout the Mall parking lot. Staff explained this would need to be discussed with Westfield Mall for future development. Wayne Johnson, Westfield Mall representative, explained that Westfield Mall development team has discussed this issue and the team has discussed the desire to enhance this feature such as on the south side of the Mall. Chair McLeod asked about the two additional restaurants proposed in the future to be located near the Buffalo Wild Wings site, and what impact this would have on parking. Staff explained that the parking surplus on the mall site is applied to Buffalo Wild Wings as their application vested ahead of the other two restaurants. Questions from the Commissioners regarding the rooftop screening of the mechanical equipment were addressed by staff. There was no public testimony. The BAR deliberated. Commissioner Alford moved to approve the design review with all staff recommendations. Page 2 of 5 BAR & PC Hearing Minutes July 25, 2013 Commissioner Mann seconded the motion. All commissioners were in approval. Chair McLeod congratulated the applicant and closed the BAR hearing. Chair McLeod called for a short break 7:26 pm Chair Mcleod called to order the Planning Commission Hearing for the following: CASE: L13 -035 APPLICANT: Department of Community Development, City of Tukwila REQUEST: Zoning Code amendment in response to I -502 to adopt development regulations pertaining to producers, processors, and retailers of recreational marijuana. LOCATION: City -wide Stacy MacGregor, Assistant Planner, Department of Community Development, explained that this is a legislative hearing for the Planning Commission to make and recommend policy to forward to City Council for decision. There are no Appearance of Fairness questions for a legislative hearing. Ms. MacGregor briefed the Commission on the history of medical cannabis and the law that was approved by Governor Gregoire in 2011 and how portions of that law were then vetoed. It was explained how this law allowed collective gardens for medical cannabis and generally vetoed dispensaries for acquiring medical cannabis. The veto created inconsistencies within the law itself. This prompted the City Council of Tukwila to pass a moratorium against allowing medical cannabis in the City of Tukwila while waiting for direction from the state as to how to regulate medical cannabis. The 2012 Legislative Session did not provide any direction from the state level as to how to regulate medical cannabis. A vote of the people in November of 2012, adopted I -502, decriminalized the possession of recreational marijuana, and creating a licensing mechanism for marijuana retailers, processors, and producers. Ms. MacGregor clarified some key points: ➢ I -502 does not address Medical Cannabis ➢ Medical Cannabis is overseen by a different licensing agency than recreational marijuana ➢ It is the same substance ➢ City Council extended the moratorium on Medical Cannabis in summer of 2012 ➢ Washington State Liquor Control Board (WSLCB) is the agency in charge of drafting the rules to enact the law for I -502 ➢ July 3rd, WSCLB came out with a draft of the proposed rules, and is expected to adopt the final rules for recreational marijuana on August 14th, 2013 ➢ WSLCB is expected to start accepting applications for producers, processors, and retailers of recreational marijuana on September 14th, 2013 Recently, staff brought before Community Affairs and Parks (CAP) and Committee of the Whole (COW) a request to continue the moratorium on medical cannabis and a request for a moratorium on recreational cannabis. The State has directed the WSCLB to harmonize the cannabis and recreational marijuana laws in the 2014 Legislative Session budget. Page 3 of 5 BAR & PC Hearing Minutes July 25, 2013 The moratorium on recreational marijuana has been to the COW and is going to Full Council on Monday, July 29"'. Staff would like to adopt zoning code amendments to be in line with I -502 and Federal Laws so that the moratorium on recreational marijuana can be repealed and the City can be in line with I -502. Staff would like zoning code amendments adopted and in place prior to September 14"', which is when the state will start accepting applications for producers, processors, and retailers of recreational marijuana. There will be a limit on how many applications for retailers the state approves, and the City of Tukwila will be given some sort of allotment. There will be no limit on processors and producers. Ms. MacGregor explained the state notification process of the applications submitted and the City's allowed 20 -day comment period. She also explained that local jurisdictions will not have authority to over -ride what the WSLCB has implemented. Ms. MacGregor briefly clarified the law of I -502. She also pointed out the differences between I -502 and medical cannabis. She explains taxing and fee structures, and how the tax on producers, processors and retailers will go to the State. The tax structure is similar to how alcohol taxing is structured. The city will get its portion of sales tax as is standard. The goal of staff moving forward is to update our city code so that is in line with I -502 as well as in line with Federal Law. The state's locational restrictions written into I -502 were explained; these uses are not allowed within 1000ft of schools, (non -home based) daycare centers, transit centers, libraries, arcades that are not restricted to those over the age of 21, and parks. The WSLCB has stated that residential areas would not be allowed licenses for recreational marijuana uses but that this restriction is not included in the rules. Ms. MacGregor explained that, as a City, we have legal authority to implement zoning regulations that create locational restrictions through our exercise of police powers. However, zoning must allow for uses that are allowed at the state level. The Council can determine where these uses are more appropriate for the Tukwila residents. Using a map, Ms. MacGregor showed where the uses would and would not be permitted based on the current city zoning code, and state locational restrictions. She also explained that the Manufacturing and Industrial Center is designated in the County Wide Planning Policies, and in the City's Comprehensive Plan as a Manufacturing and Industrial Center. These important land use areas are expected and need to be preserved for manufacturing and industry. Therefore, it is not appropriate for the proposed uses under 1 -502. Due to security needs that have been demonstrated in other areas and the side effects of off -site odor, Staff proposed that the most viable zones are Heavy Industrial (HI) and Tukwila Valley South (TVS). Ms. MacGregor went over the proposal set forth to the Planning Commission (PC) for recommended zoning amendments to allow zoning for recreational marijuana producers, processors, and retailers as permitted uses in Heavy Industrial and TVS. Staff would like to then take PC recommendation to CAP and COW in August to get the new amendments adopted in September and repeal the moratorium on recreational marijuana. Staff opened the floor to questions from Commissioners. Questions were asked by Commissioners to clarify the roles of producers, processors, and retailers. Questions were also asked regarding taxes, as well as location restriction clarification, and security needs to keep areas safe. Page 4 of 5 BAR & PC Hearing Minutes July 25, 2013 Staff clarified the roles of the uses, the taxes, and explained that the WSCLB is drafting security requirements as part of the application process. Staff also explained the location restrictions are from the property line of use that is imposing the location restriction. Several more questions were asked regarding staffs proposed locations, what makes a non - conforming use, what items could be sold under retail, and that the uses would be required to be a stand- alone- exclusive use. Commissioner Alford commended Ms. MacGregor on the information presented and confirmed that staff is looking to zone all three uses within the same area. Staff confirmed this is correct. Staff also confirmed the 1000ft location restriction is a State Law and not a City requirement. Commissioner Maestas asked questions relating to legal issues and security issues. Staff answered the posed questions. Staff continued to answer questions from the Planning Commission. Chair McLeod opened the public hearing for public comment. There was no public comment. 8:31 Chair McLeod closed the public hearing. Commission Alford made a motion to recommend to Council the adoption of the draft ordinance presented as Option C in the Staff Report. Commission Maestas seconded the motion. Motion carried 5 to 1, with Commissioner Mann dissenting Director's Report was given to the Planning Commission by Jack pace, Director of Community Development. Mr. Pace briefed the Planning Commission on some upcoming highlights regarding the Comprehensive Plan updates, increase in development activities, and the challenges of residential in -fill. He also shared with the Planning Commission the new permit system being tested, and how it will streamline the process. Mr. Pace also advised the Planning Commission that Fire Prevention Services will be moving from the Fire Department Headquarters on Andover to the 6200 Building and will be located across the hall from the Department of Community Development. 8:39 Chair McLeod adjourned the meeting. Prepare By: Teri Svedahl Page 5 of 5