City Council Minutes 2012 08 21 - Laserfiche WebLink

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City Council Meeting Minutes August 21, 2012 Page 12 of 23 VOTE: Roll call vote was taken. The motion carried by a vote of 4-3. Councilors Jasiak, Dalton and Loo voted no. RESOLUTION No. 56, SERIES 2012 — A RESOLUTION APPROVING A SPECIAL REVIEW USE TO ALLOW GRAVITY BREWING TO WHOLESALE AND DISTRIBUTE BEER AT 1150 PINE STREET IN A COMMERCIAL (CC) ZONE DISTRICT Mayor Muckle requested a staff presentation. Planner I Robinson explained this is the first application under the new limited use wholesale Special Review Use. The applicant, Gravity Brewing, represented by, John Frazee currently leases the rear portion of the American Legion building at 1150 Pine Street and is undertaking tenant improvements to convert the space into a brewery and tap room. Gravity Brewing wishes to wholesale a portion of the beer it brews, which requires a special review use permit in the Commercial Community (CC) zone district. The site is part of the Pine Street Plaza development and borders a residential neighborhood to the south. Staff recommended criteria determining whether wholesale activities are accessory to retail activities not be defined at this time. The Planning Division operates on a complaint-based enforcement system, so if staff received a complaint about the amount of wholesale activity at the site, all available data will be used to determine if wholesale activities should remain an accessory use. Staff will access sales and use tax numbers, and the Federal Alcohol and Tobacco Tax and Trade Bureau requires all breweries to maintain records accounting for all beer produced. Together these will provide the information necessary to ensure the code requirement is being met. The Planning Commission or City Council may at any time call an SRU up for review. There are also concerns about the impact the delivery trucks necessary for wholesale sales will have on traffic and the neighborhood. The limits on when and how loading and unloading of delivery trucks may take place are to be recorded on the plan sheet. The applicant has agreed with the limitations. The proposed limited wholesale use will allow a business to locate and operate in the City, generate sales tax revenue and complement its surroundings. The City will not collect any sales tax from the wholesale portion of the business, but will collect sales tax from the retail portion and use tax from the whole business. The proposed use is expected to produce a net positive fiscal return for the City. Allowing the wholesale activity will improve the chances the business will be successful and continue to contribute to the City's tax revenue. Staff recommended City Council approve Resolution No. 56, Series 2012, approving a special review use to allow limited wholesale sales for Gravity Brewing with the following condition: The plan sheet shall be changed to show the hours of loading and unloading are from 7 am to 7 pm.