Planning and Zoning - Regular Meeting

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Heat. Heat. [Music] Good evening. Good evening and welcome to the August 12th, 2025 planning and zoning commission meeting. We can roll call, please. Msina

here. Ward here. CPU here. Fleming here. Ingles here. McCracken Jamas here. Okay. Could you uh join me for the pledge, please? I pledge allegiance to the flag of the United States of America and to the republic for which it stands, one nation under God, indivisible, with liberty and justice for all. Thank you. Um, before I ask for approval minutes, I want to welcome our newest commissioner. Welcome. Thank you very much. Enjoy your time while you're here with us. I'm looking forward to it. Well, good.

Look forward to helping. Well, thank you very much for um volunteering. You're welcome. I need approval of um June 10th, 2025 planning minutes, please. So moved. I have a motion. Second. I have a second by Fleming. All in favor? I I. Uh, public comment this time. Anyone that wants to speak on anything that's not on our agenda? Hearing none. Staff comments. All right. Good evening, commissioners. Good evening.

So, for next month's meeting, we will have an annexation and subdivision. So, a two-part request coming before you. Um, wanted to just do a quick update on the efforts of the downtown core working group. There is a survey that is available online. So there's if you go to either the city's website or you can also get to it from city's Facebook page and it's been shared on social media including next door. But you can provide input initial input on the downtown regulations to determine if you like the existing ones or if you'd like to see some changes in terms of height and tower spacing and things like that. And we also have an opportunity for people to sign up to receive information about the project and to participate either in the public forums or to be considered for the stakeholder group. So we encourage people to do that. I think we have over 200 survey responses currently and we're looking at having the first stakeholder meeting in September. So we'll keep you updated on that. And then a quick um note, I'll be this Thursday up in Spoint all day. There is a land use and housing study committee that was formed out of this last legislative session. And so as chapter president for APA Idaho, which is the plan professional planning organization, three of us, the board members, will be presenting to that group, which is largely comprised of legislators. So we'll be doing that on Thursday. That's all I have. Thanks.

Thank you. Commission a few follow-up questions on the survey. Is there any restrictions on who can or cannot participate? No, but the survey does ask do you live in Celane? Do you own property in certain areas and ideally you're a Celane resident or something thereabout? Correct. And also we've sent it to the development community, especially the ones that were involved in some of the towers and projects downtown and their teams.

And when does that survey close? We don't have a definitive date, but we were looking at closing it uh before well probably next week I would guess so that we can kind of look at that list as we meet with the the working group to kind of plan for September if we need to we could extend it a little bit but we need to wrap it up definitely. Last question on the survey is uh are the results going to be made public? Yes. Perfect. Y thank you. Did the downtown association also capture it and send it out to they sent it out twice? Yes. So, they sent it out in a separate email and then it went out in their latest newsletter. Okay, cool. Thank you. Thanks. So, commission comments.

None. Okay, moving into our um first agenda item. Applicant is Sam Investment. Location is 1801 Lincoln Way. a proposed special use permit for on-site food and beverage consumption in a commercial limited C17L zoning district. Sean, thank you.

Thank you, chair. And I must say before I begin, all of your guys' name plates look great. They're all the same font. They're all the same size. It's beautiful. Thank you, Tracy, for putting that together for us. Looks looks good. All right. So, as alluded to, we do have a special use permit request tonight, SP25. It is for food and beverage on-site consumption. Um, that is in a C17L zoning district. All right. That zone that that parcel is 58 acre. It is located at 1801 Lincoln Way, which is south of Emma, north of Davidson Avenue. and it's on the west side of US 95 and also known as Lincoln Way for addressing. So it was published in the Cordelane Press, posted at the subject property and mailed notice all within the required times as state code requires. [Music] So um we just talked about Curtis Curtis's request and I'll I won't read everything on on there into the record. I'll talk a little bit about the site background because everybody can can see and at home and and hear what the request is about. The subject property was previously a professional services office space and the suite is currently vacant. The the adjacent suite is an active onfoot onsite food and beverage establishment uh which is El Pasa next door. In 1998, there was there was a special use permit that was granted for Chopstick Express, which was an off-site food and beverage establishment that was in 1998, which was housed in the suite currently occup occupied by El Paisa. So, the rest of the strip mall is occupied occupied by retail shops and business offices. So on-site food and

beverage consumption is allowed use in the C17L zoning district with a special use permit. So we'll move into the location. You can see I90 up to the north here. This is the the hospital. To the south is um some additional medical services. And then south of Emma is the the strip mall that is subject property here. And then West Davidson is at the southern flank of that building. Zooming in a bit so you can see exactly where this request is. So the subject property or the subject suite is identified here in red. And I also want to be clear that if the special use permit is approved tonight that it would apply to the parcel with the limiting factor being that um the parking is the limiting factor. And so back when Chopsticks was originally approved in 1998, our parking standards were quite different. So that back then was uh one stall per 100 square feet for an on-site consumption. Uh Chopsticks was approved not as on-site consumption, which is a little bit of a different standard, but today's standard is one per 200. So it's half the amount of parking that was required back then for an on-site consumption. So suffice it to say I'll I'll answer the question before I get it but you know El Pasa and and what happened there. So they had moved in I think through some mission creep throughout the years they had added some additional seats and they are considered to be an on-site consumption. So through um through the request tonight, if approved, it would also apply to Alpa, which we did not know until this

application that they were out of compliance. But looking back through the special use permit and some things of that nature, we we figured out what happened through the history. Sean, can I ask you a quick question? Would the current parking requirements then be applied to this request? Then the whole parcel or with what? The the current parking. Oh, the the amount. Yeah. Um just and I can I can talk about it if you get right now, but I'll I'll get to the parking a little bit more. All right. So, this is an elevation view of the requested

site and the suite. It is on the end. It is currently vacant as I stated. And there are three findings that must be made for a special use permit. So the first is that this proposal is or is not in conformance with the comprehensive plan. This is the future land use map. It's in the retail center corridor as a place type. This is a city context map and it's located here. Then zooming in, you can see where those cord where this corridor is. It's the purple. And then this um it's surrounded by some multifamily type uses. and as well as a lot of uh civic use as well. So, uh retail center and corridor places are primarily car oriented. Uh they're destinations for retail services, hotels, motel, that sort of thing. Uh restaurants and other major streets. They're often developed in large format retail uses with some infill commercial development, which is this request tonight. Typically one to three stories and they're typically not very walkable and generally have limited civic um or other public uses, but because they are often located along m major arterials, they may be served by transit. And we'll get into that in just a second right here. So there's three uh transportation maps. One is the planned bicycle network as well as the walking network and the transit network. And so first you can see the bicycle network. It's it's right there when the in the purple. So there's a bicycle lane, the walking network. Um this one is a little bit choppy. If you remember, uh the request for the zone change kind of kitty corner for um the the children's daycare center. you know, there's

there's some around there for the most part along 95, it's it's there, but when you get off to the sides, they it's hit and miss. And so then the existing transit network is um the city link is a route A and route C are very close by. It is on route A and route C is just to the north a block or two. also within this. Oh, I jumped ahead. We'll talk about policy framework first. So, community and identity. I always like to point out that citizens are well informed, responsive, and involved in community discussions. I'd like to say thank you for the people that did show up tonight. It's a hot day outside. It's a beautiful day, so we don't have a a lot of attendance, but that probably speaks more to the request and it not being very controversial. So goal two is maintain a high quality of life for residents and businesses that make Celane a great place to live and visit. Growth and development to develop a mix of land uses throughout the city that create a balance of housing and employment while preserving the qualities that make Cordelane a great place to live under jobs and economy retain grow and attract businesses. So these are the curated ones from staff. inside of your packet uh is the full laundry list of all of those that policy framework goals and objectives. So, finding B2 is the design and planning of the site is or is not compatible with the location setting and and existing uses on adjacent properties. And before I before I start this one, I wanted to point out it's also in a special area. It's inside the health corridor master plan um area. It doesn't directly contribute to the health of that that site, but it is within that urban renewal district and

adds to that tax increment. That description is also in your staff report on page nine. All right. So, um, you know, being along US 95, there's a a number of services that that are available, retail sites. Um, there places to eat. Kitty Corner, our Tai House is up here. Huh. There there's a number of places that that you can eat. You can actually in small quantity at the Coupney Clinic family area, there's a place to grab a sandwich and a drink. And so, um, a lot of foot traffic, although not much ends up going across 95, but I know El Pasa has a a great following from the people that work in the area, and we imagine that the the bakery would as well. So, the zoning of the area, as you can see here, most of the area is C17 on the west side of US 95 and then directly behind it is R12. So there's residential use and that runs to the west. There's a little R17 to the south, C17 for pretty much most of that corridor. And then as you get to the other side, east side of US 95 is that commercial Ironwood Center. Land use is pretty much similar. Um the hospital is civic. the the um I guess day use um medical facility here is is commercial because they don't stay overnight. I did notice that the old Walden House, which has been removed and turned into a parking lot, is still shown as civic here. So, our map needs to be updated, but that just happened a couple months ago. Um to the south of that is when you start getting into the neighborhoods and there's um single

family detached duplexes as well as some as some um multifamily. All right. So getting into the photos. So this is across the street to the north. So you're looking kind of southwest there. The circle here is the site and this is showing the the Kney day use and then this is the site the north end of the parking lot and looking toward Coutney Clinic. Then looking south um along US 95 from Emma Street showing that pedestrian way sidewalks as well controlled intersection. Uh you can tell that the the design of the parking lot itself has angled parking. So if people are following the design of the parking lot, they would enter in at West Davidson and then travel through the parking lot to the north, ultimately exiting onto Emma, which is a controlled intersection, which would help traffic get back onto 95 or across 95. Uh, alternatively, they can go west on Emma and follow that to Northwest Boulevard. So, this is the parking lot looking directly south at the 1717 Lincoln building. And then looking north, showing the pedestrian along the edge. So, next is the location, design, and size of the proposal are such that the development will or will not be adequately served by existing streets, public facilities, and services. And once again, I jumped ahead a little bit. I wanted to address Tom's question. So, there's a total of 29 stalls on site and between Elpasa, if this request for the bakery is approved,

and the other uses on the parcel, they would need 25 leaving four additional. So, um, that four would roughly if and the question becomes, you know, generally if there was another use that wanted to be similar on there and there's four stalls, that equates at one per 200 and there's an extra four four stalls, only about 800 square ft for the the additional suites. if there was to be an additional use that's similar. All right. So, city staff from streets and engineering, water, fire, and wastewater departments have reviewed the application request in regard to public utilities and public facilities. And staff has indicated that there's adequate public services and facilities available. I wanted to speak shortly. I think I do eared the page I want to get to, so give me a second. And the the comment was from Chris Booseley, Streets and Engineering about traffic specifically using the land use code 939 that a a bread doughnut bagel shop without a drive-through window. There is a category for that surprisingly enough from the IT trip generation man manual proposes that the that they are expected to receive approximately 48 trips in the A.M. peak hour and it is likely the bakery will receive a significant number of walk-in customers with its proximity to the medical campus and Emma Emma Avenue has the capacity to accommodate the additional traffic that seemed to be the most pertinent pertinent comment from staff. The rest of them can be found on pages 17 and 18. So we'll move on to the site

plan. So north is to the right. This is north. So this is Davidson Emma US95 suite one is the proposed bakery. There's handicap parking stall here. Angled parking. So you would enter and then come out over here onto Emma. And then a floor plan. So this shows how they are planning to lay out the bakery if approved. And so you can see the seating out front here. If there's 15% or less of the floor area is dedicated to seating, it can be considered a a to-go or off-site consumption, but there there is more than that here, which is why we're here tonight for this request. And so, planning commission as a condition of approval may establish reasonable requirements for conditions uh to mitigate any impacts that would adversely affect the surrounding neighborhood. be specific and if you're going to add additional conditions, um, add them to your motion. There are no proposed conditions by staff. With that, that'll wrap up my staff report and presentation. So, the planning commission will need to consider this special use permit request and make appropriate findings to approve, approve with conditions, deny or deny without prejudice. Is there any questions?

Thanks, Sean. John, I got a question.

Thanks, Sean. appreciate the report. So, when when I studied the packet at home, I got a little bit lost. I was thinking to myself, you know, the Mexican restaurant must have had a special use permit somewhere along the line. Usually, when the we get a special use permit, we have a little section in the staff report that shows a history of other special use permits in the area. If you could picture Shriber, for example, you got special more special use permits in there than base zoning operating or whatnot. So, I was I was thinking to myself, well, you know, how did the uh Mexican restaurant come about? And I guess I'm hearing it's kind of hanging out there. Is that right?

Yes. Yeah. So, if we don't approve this, that place is in jeopardy, too. This is more than just a bakery. It's a bakery and a Mexican restaurant. um by proxy. Yes.

Um that said, where I was really looking for that history, my question was going to be and I think it's really just the same valid question is okay that seems to you know this is fitting in next to an existing onsite rest uh food and beverage. So the question is how how goes it you know are you aware or anyone else in the room uh of any issues or problems or or you know it seems like that has functioned there pretty well you mentioned people walk to it I guess and some some pedestrian so is is there any any issues with that in your mind are you aware of any any complaint of parking or traffic or you know trouble you know they're loud or noisy or any any of the negatives that might come from a more commercial establishment. Are you aware of any problem there?

I did not receive any large complaints. I The only issue that I received a phone call with was um a woman who is also located in this area. Um she's actually in the building and just wanted to understand how the parking worked. She said sometimes it does get busy. You know, there's a, you know, sometimes people are jockeying for a position in there to to get their stalls, which is to me a good sign because people want to be there. If it was empty, there wouldn't be any businesses. It would largely be vacant. So, um, that was her concern. I'm not sure if she showed up tonight. Um, if because I didn't get see her face, it was on the phone, but that was the only call I got. Everybody within 300 ft. So, that would include the neighborhood behind was also notified. I didn't receive any contact from the neighborhood. So, I'd say no, there's there's not any large complaint.

Thank you. And and last, I guess I just take it a step further. And since this is a special use permit and not a zone change, you know, the function gets locked in tonight, correct? I mean, so they get the special use permit for a bakery and you know, bakeries are pretty hoham and they can't just decide the next day, we're going to turn it into a late night crazy bar or whatever. make a lot of noise or something like that. I mean, they it's going to be a bakery, right? That is I mean, it it would be open to food and beverage as as a use, not just to a bakery. That is who is making the request tonight. Got

But the use itself would be approved, which is one of a laundry list. I know you can remember some other times that I've put up the and it, you know, tiny little font. You can barely read it of all the uses that are allowed in C17. Well, C17 L is a much reduced list, but you can pick and choose from C17 for a special use permit. So, it does tie it just to that specific use. Thank you. And this is tied into the whole site, not just these two units. Correct. Correct. So, if someone doesn't want to come into one of the other existing occupied spaces and want to turn it into a

another restaurant or something, I guess they would have to meet with the, you know, if there's not none not enough parking cuz you say right now it's the parking is what they need given that this is a doughnut shop onsite type of um business. So we need not additional parking, but the parking that's there is going to have to serve that whole center at some point in time. Correct. So each specific use will have a number of stalls associated with that use.

Now the city doesn't go in there and say, "Well, this spot is for you and this spot is for you. It's first come, first serve, just like it is on on street parking." If the owner decides to do that, the owner can do that. Um but that wouldn't be up to the city. Okay. All right. Go. I'm sorry. Yes. No, I'm talking to this side of the table. Uh, a couple of clarifications if I could. Um, kind of an aside. You had that over there now. Is that a defensive mechanism for something we don't know about having a little wall over there instead of out here in the front? So, it's to keep the tomatoes at bay. You know,

I thought that might be the case. Now, I read this and I was kind of confused. I think something John had mentioned too. If this is approved tonight, any of those spaces is allowed to have a special use for on-site consumption. Is that correct? Even those that are not used today? As long as they're able to meet the parking requirement. Four additional stalls. So, at the time if somebody wanted to do that, they would approach the city and

and we we would make that call based on the floor area. So Sean, to zero in on that, I think I heard you say there's 800 square feet of additional space that would add up to those four additional parking spaces out of those four suites. Yeah. So each suite there, so we're speaking kind of two different parking codes when it was approved to when it is today. And so I want to make sure you're you're clear on that. So the addition the stalls or the stalls the suites that are there now and the stalls that are there now apply the math that we applied to it is one per 330. Sure.

And so there's a number of stalls that are already associated with each one of those suites. So there's an additional four that are above and beyond the requirement which would be 800 square ft. So but that suite would already have a couple stalls associated with it. Right. So to Commissioner Ward's point, there's really out of those additional four remaining suites, one which belongs to a lady who called you, if someone else wants to become a food and beverage facilities, it's a race for that last suite of four to become that last one. Is that correct? Potentially. Yes. Okay. Thank you. Okay. A couple other things. This space is about,00 square feet,

correct? And therefore it's one space every 330 square feet. Well, it's one per 200 for food and beverage. It's one00 square feet. Okay. Uh one other thing in the report I think you mentioned Chris Bosley said they would anticipate a lot of pedestrian traffic. Can you is that in I didn't see that in the report. What is that based on? I mean is it what La Pisa has history of or it's on page 18 under traffic and so you know and some of this is um based upon hours of operation too. So, El Paisa generally lunch and dinner,

right? You know, bakeries are largely morning sort of breakfast, right? I'm sure they'll offer something around the lunchtime or maybe they'll close up a little bit early, but they do have some alternating hours generally. As far as the the popularity, I don't have any problem at all with the bakery and on-site consumption. My only concern is the impact. you know, is there adequate parking and how is that addressed because it is angled parking. It isn't like you have double drive aisles and so on. But, you know, I so

I feel a little better at least knowing there is a significant expectation for residential walk up customers. That I would leave up to the owner to answer. Um, one of the things that I that I talked to the the gal that owns the the eyeglass place is that, you know, the the city has our standards, but what we can't control is popularity. And so there's certain businesses that are going to drive a lot of traffic. People want to be there, you know, and other businesses not so popular. So we have a standard that applies to all of that type of use, and it's really up to the customers when they come and go. Thank you. Okay,

Tom, I got a few. That's okay. Yeah. So, you'd mentioned Chris talked about a red bagel as a basis with a drive-thru as part of that traffic flow. Is that the basis understanding for what he's expecting the impact on traffic to be for this new Yes, it's the IT trip manual. So, that categorizes all these different types of use and it says you're you can expect this number of trips per day, AM or PM. This is currently commercial community zoned CC. It's C17L. C17L right now. Just asking for special use into food and beverage. Correct. So that's one specific use that's in C17 that C17L can ask for.

Okay. I think that's my only really last question. Thank you. All right. You're welcome. Okay. All right. Thanks, Sean. Appreciate Oh, go ahead. I I'm just curious if if in fact the prime time does attract 48 new customers into that parking lot and that time corresponds with a busy time at lunch for El Pereza. Isn't that a concern that at least for those or hours of overlap there could be a parking issue that that that only now happens every now and then when when El Pereiz is busy and and how does that get mitigated? That's a lot of extra traffic,

right? Right. And so that that mitigation process is not necessarily up to the city. What we look at is this is the number of trips that it's expected to generate. In this case, in the AM because it's a doughnut, bagel, bread category from the IT trip manual.

So they're expecting those in the AM. Like I said, El Pa is generally lunch dinner. So, we wouldn't expect those to to cross, but traffic traffic happens. Like I said, we can't control who goes where when. And so, if they throw a special health pace as dollar tacos that day, there's going to be a lot of people there. So, it's it is what it is.

Also, do we know of those 48 extra visitors during prime time? How many of those are just coming in to take take out food out of the bakery? And how many are actually going to stay at the bakery? I I'm assuming that majority of that is coming in getting some donuts and bread or something and leaving. So not such pressure on parking, but I don't know. It certainly could be. I mean, people may travel there by foot and, you know, grab a a bagel to bring back for lunch or they may grab something a breakfast something or other and a coffee and and head back to work and there wouldn't be any car because they would be on foot. So, it's it's tough to say.

Thank you. That's the only concern I see with with this. So when I look at this application for existing city zoning, it looks like they've marked the C17L. The this uh picture you have of the blue and purple buildings within the city. I think it's on page seven of the staff report. I don't know what it is on your slide. Trying to figure out what the blue and purple mean. I didn't see a legend on there. It's the from the comprehensive plan. So, the retail center corridor, Sean.

Yeah. Oh, okay. That's that's the way the comp plan was put together. So, rather than have two separate maps, like we did the same thing with um with like the the single family versus the the the multif family kind of categories where you have two colors on one map. And so the the purple is the retail center corridor. The other is is I think it is yeah general industrial is it has shriber way up there which was envisioned to be that.

Yep. That's what I was kind of curious about is just the office space and its role in if it's a blue thing or a purple thing. But I think you answered what purple means and blue means on here. So, thank you. All right. Sure. Any additional questions? Thanks, Sean. Appreciate it. All right. We'll have the applicant coming up. Sure. Is there any specific slide you would like me to? Okay. Curtis, I just need your name, city you live in, and I'll swear in. Sure. Uh, Curtis Thornton. I live in Post Falls, Idaho. Okay. Do you solemnly swear and affirm that the testimony you're about to give is the whole truth, nothing but the truth? Shall be glad? Yes, sir. Go right ahead.

All right. Uh, my name is Curtis Thornton. I'm the owner of MDI. It's a local contracting company here in North Idaho. Um, I'm here representing the owner and she regretfully couldn't make it today. One of her biggest clients is the Hayden Lake Country Club and they've got 200 breakfast parfets they're making for tomorrow morning. So, she called me and said, "I cannot be there." Um, basically I just want to go over what I have found at this building and and uh just the ownership in general. Um, what you have here is a a a business called the flower shop and she is absolutely maxed at her current facility. Um, she is literally busting at the seam. She's trying to find places to put more things. Um, when we found this uh building, this office being vacant about four months ago, it kind of fit perfectly into what she envisioned as mostly just a bakery and then obviously a storefront of takeout. Um, majority of her work is done before 2 p.m. Uh, and then everything that happens in the evening would just be her and a couple employees prepping for the next day. A lot of their goods actually leave the bakery and go to different uh, coffee shops and whatever across town. So, um, obviously we don't know how the popularity might actually impact the parking, but from talking to her and seeing what she's got going on right now, a lot of the business that that happens in her bakery actually leaves the bakery first thing in the morning, like pre six o'clock in the morning. So, um, as far as that goes, uh, there she is a great lady. Um her and her husband both both Emily and Jod are Cordelane natives, Cordelane High School grads and uh really are connected in a huge part to everything in Celane. Um they service a ton of local businesses. Uh some of her bigger accounts are the Hayden Lake Country Club. She's really involved with the farmers markets up in Hayden and and also a lot of coffee shops here in

Celane actually use her goods. So with that you guys um I think it would be a perfect scenario. We see we spent quite a few hours down there laying out floor plans on the what if if we get this all passed and a lot of folks from the medical community from the building just north on 95 have come down and visited us and they a lot of them do walk down there and they said hey we we would love the fact a bakery here. Um, it I really got a lot of positive impact from everybody that was down there. And like I said, we spent multiple hours down there measuring, taping, making sure everything was going to fit inside the building. So, with that, um, I ask you to approve of this.

I got a question for you. Did you say most of your business is over at 2:00 p.m.? Is that is that most of their Go ahead. Most of their inbound business is done by two. They're they're busy prepping from about 2:00 on to get the next day's bakery goods out. Okay. But it's still what do you know hours? She has not actually given me set hours yet. Okay. So, um she has mentioned to me we've had multiple conversations about the morning rush. Um she she expects to be busy from 6:00 a.m. pre-work hours to noon or 1 and she she really expected everything to kind of fall off after that. Okay. Well, I hope she's busy all the time.

That's what we hope. But you're telling us she's a production um producer of products to go out as a distribution. Correct. Prepute. Yeah. Her kitchen that location will leave. Front of the house is for walk-ins or drive-in clientele that are either more leaning toward the hospital uh choices. We don't have a lot of bakeries down south of 90. I mean, I know we have a few up north, but you have to really travel to them. Um, so that it's an advantage. Certainly the hospital people love their bread goods. Um, will they be trying to do a sandwich kind of business too or is it really just the bagels and donuts and

her specialty was going towards just bakery goods, bagels, donuts, um, different kinds of custom pastries? Yeah, cuz you got Carusos, you got those other places. Exactly. That kind of thing. So, um, and so the hours did did concern me because you're also in a residential area and and you know there will be overflow. If there's overflow parking, they're going to end up on those residential streets and that's something that is a reality. Um, but otherwise, um, you know, it's a good goal. It's nice to have another bakery in town. So, thank you. Okay, I'm good. Oh, that's it. Appreciate it. Thank you.

There's no one else signed up, ma'am. Uh do you want to speak on this or Okay. Okay. Good. Thank you for showing up, being part of uh our audience tonight. Okay. With that, I'm going to close our public uh comment and bring it to the commission for further discussion and a motion. Just a little discussion. And I'm not floating a motion necessarily, but just, you know, it's clear to me this that what's at stake here is uh two businesses, not just one.

And the one's been there a long time. I'm not worried. I can't imagine any complaints. I asked it the question sort of rhetorically for the record to I think establish that, you know, it hasn't been a problematic business or something like that. But uh so the Mexican restaurant's been there a long long time. I think it's been very compatible. Mhm. And I think the bakery is a good fit as Commissioner Fleming says for that for that area. I I I support it. Just uh you know it's good business and makes good sense. But if you're on Go ahead.

Yeah. I had some real reservations about the parking situation, but it could happen to any one of the spaces. You get one in this doing really well. Instead of the three spaces, they have a great flow of pedestrian, vehicular, traffic, whatever. And it does well. U reading through the recommend the staff report, I can't find a reason to say he doesn't meet the the the code. He does meet the comprehensive code. impact might be a minor issue if as far as the parking is concerned but u any business could u regardless of the use could really create a traffic problem and I think if recognizing the traffic limitations the parking limitations the marketplace will determine whether or not you can stay or go but I don't have a I say how do anyone complain about a bakery I Anybody want to try our findings on this?

I'll do it. I have cold, so bear with me. I'm not spreading germs. It's the end of it. But anyway,

move over. I know this matter came before the planning and zoning commissioner on August 12th, 2025 to consider SP-1-25, request for approval of a special use permit for food and beverage on-site consumption in the C17 L zoning district. The applicant is Curtis Thornton. The owner is Sam Investments LLC. location is 1801 Lincoln Way, south of West Emma Avenue and north of West Davidson Avenue. Findings in fact, the planning and zoning commission finds that the following facts A1 through A9 have been established on a more probable than not basis as shown on the record before it and on testimony presented at the public hearing. A1 that we have met the postings, the publications, the um notification to uh neighbors and local entities throughout the district. Uh public testimony was received at our public hearing of August 12th and the subject property is occupied with frontages located on the west side of US 95 Lincoln Way, south of West Emma Avenue and north of West Davidson Avenue. The subject site is on 0.58 acres. The property is surrounded by residential, commercial, and civic uses. And the subject site is currently zone commercial limited at 17 units per acre. A5. The applicant is proposing a food and beverage on-site consumption use bakery. And I'm going to put in the little addendum that is also a distribution center. I don't think that's problematic, but it's reality. They are producing for outside sources. So, I think that should be recognized on this that that sort of takes a little bit of weight off the use of the restaurant space. Um, that they're not only just producing for immediate consumption, they're sending it out into our uh local areas. A6, the comprehensive plan future use

land use map designation is retail center corridor place type. The comprehensive plan states that compatible zoning for the retail center corridor place type includes C17 and C17L. The day seven, the comp plan includes transportation maps showing existing and planned bicycle networks. This is not a bicycle friendly street, got to tell you. Um, existing and planned walking networks, existing transit networks. The subject property is in an area with existing sidewalks and is close to city link transit routes A and C. A8. The staff report includes applicable comp plan goals and objectives. Commission will determine um what the more applicable goals and objectives to support this decision. I would note that uh goal C1 uh C11 uh Corane citizens are well informed, responsive and involved in community discussions. Um this has been posted and we didn't see much opposition. So um I think everyone was fine with it. uh goal C-2 maintain a high quality of life for residents and businesses that uh adding another um bakery and fresh healthy goods is never a bad thing. Uh growth and development goal GD-1 develop a mix of use land land uses throughout the city that balance housing and employment and this is walkable. So we we will see hospital users and people going in and out dropping in and and utilizing this business. Um, we were also promoting a mixeduse development and small-cale commercial users uses. And then G1.6 revitalize existing. And this was a vacant business. So, we appreciate that it is now going to be used in in um an already built an existing structure. Thank you. Um goal J1 the objective is to actively actively

engage the community partners in economic development efforts and foster a pro business culture and this does just that. Um a nine city departments have indicated no issues at all with this site or the use thereof. Chris Bosley uh from our transportation department states that there he vision envisions 48 um trips in morning peak times. In conclusion um based on the foregoing findings of fact the planning and zoning commissioner makes the following conclusions of law. B1 the proposal is in conformance with the comprehensive plan. B2 the design and planning of the site is compatible with location setting and existing uses on adjacent properties. and B3 the location design and size of the proposal are such that the development will adequately be served by existing streets, public facilities and services. In conclusion, the planning and zoning commission, pursuant to the foregoing findings of fact and conclusion of law, have determined that the proposed special use permit request for the for the food and beverage on-site consumption in the C7L zoning district does comply with the required evaluation criteria and the special use permit request should be approved um as is no proposed conditions.

Thank you, Commissioner Fleming. I have a first by Commissioner Fleming. Second. Second by Commissioner Engles. Any further discussion? Any opposed? Roll call, please. Msina, yes. Copus, yes. Fleming, yes. Ward, yes. Jamas, yes. Les, yes. Okay, motion is approved. Congratulations. Best of luck. I have a motion to adjurnn. No more discussion. I

I do have a just a question based on El Pais no one knowing that it was in this facility and should have been C17 L. Is there some kind of review process Sean that uh prevents this or lends pause to screen and make sure there's not more L paisas out there in the same condition? Um, that's a a a tough nut to crack. And the reason why is we don't have a lot of business license requirements for the city unless you're dealing with very specific points of contact such as massage, taxi, you know, if dealing with small children, that sort of thing. So, largely we're complaint based. As John said earlier, you know, is there any complaints? Well, we didn't receive any complaints and it was a chopsticks before. We don't know what the gap was between Chopsticks and El Pasa if that special use permit expired between that time, but it seems that they just took over the space because it was set up for a restaurant anyway. They just didn't realize the limitation on floor area for seating. Does

that help? So, if something's out of compliance in restaurant terms, so to speak, we find out through complaints or it's just not working out well from traffic flow. Yeah, I I really can't speak to the traffic flow. That's a a Chris comment and you know he'd be happy to to answer that for you but I'm I'm not that expert. Okay. If I may too. So when someone applies for a building permit or a tenant improvement change that's al also when we see that there's a change of use and then that would require review and we would say oh you need a special use permit. So that was that's more typical but there yeah there there might be some other non-compliant ones out there. Right. I think in this case the kitchen existed and so they moved in.

Right. Sure. No problem. Okay. Motion to adjurnn. Motion to adjurnn. Second. Second. We are adjourned. Thank you. Thank you. That was an easy one. Good job. Good job.

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