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HomeMy WebLinkAbout2013-06-18CITY OF COLUMBIA HEIGHTS 590 - 40" Avenne NE, Columbia lleights, MN -5-5421 -3878 (763) 706 -3600 'rDn (763) 706 -3692 Visit our mebsite at: wrvty ci colanebia- beieblStNllldts MEMBERS: Maclaine Szurek, Chair Rob Fiorendino Chris Little Tracey Kinney Grace Lee SPECIAL PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, JUNE 18, 2013 CITY HALL COUNCIL CHAMBERS 590 - 40TH AVENUE NE 1. Roll Call Minutes June 4, 2013 meeting 2. Public Hearings: Case #2013 -0603, Interim Use Permit Renaissance Fireworks 4005 Central Ave Case #2013 -0604, Interim Use Permit Renaissance Fireworks 4300 Central Ave 3. New Business 4. Other Business 5. Adjourn The Responsibility of the Planning Commission is to: • Faithfully serve the public interest. • Represent existing and future residents, and base our decisions and recommendations on the Comprehensive Plan and Zoning Ordinance. • Recognize the rights of citizens to participate in planning decisions. • Protect the natural environment and the heritage of the built environment. • Exercise fair, honest, and independent judgment. • Abstain from participation when they may directly or indirectly benefit from a planning decision. DRAFT COPY OF PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JUNE 4, 2013 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Fiorendino, Kinney, and Szurek Also present were Sheila Cartney (Asst. Community Development Director), and Shelley Hanson (Secretary) and Gary Peterson (Council Liaison). Commission members were told that Commission member Roberts has resigned effective this week. Motion by Kinney, seconded by Little, to approve the minutes from the meeting of May 7, 2013. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2013 -0601 APPLICANT: City of Columbia Heights EDA LOCATION: 4421 5th Avenue NE REQUEST: Variance to the minimum floor area Cartney explained that at this time, the applicant (the City) is requesting a variance to the minimum floor area requirement on the main floor of 960 square feet for a two story dwelling. The subject property is part of the City's Scattered Site program and has been approved by the Economic Development Authority (EDA) for a model home. The model homes that have been approved for the Scattered Site program are two -story homes with three bedrooms and two baths. The particular model home for this subject lot has a main floor area of 581 square feet with a finished area of 1,169 square feet. ZONING ORDINANCE Code Section 9.106 (D)(b) requires one and one -half and two story dwellings shall have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. CONSIDERATIONS. For the scattered site program the EDA has selected one builder and two model homes for 11 lots. The two model homes are two -story homes with a main floor area less than 960 square feet. The majority of the scattered site lots are 5,160 square feet or less limiting the type and size of house that can be built. In almost all cases the required two -car garage will have to be detached P & Z Minutes Page 2 June 4, 2013 (as with the subject lot) setbacks just cannot be met with attached garages and floor area ratio requirements. The builder and the 1DA have chosen to build primarily two -story dwellings on these lots to maximize the green space while providing a desirable home with three bedrooms and two baths, which is severely lacking in Columbia Heights. The intent of this code is to achieve a total square footage of space, as evidenced with a split entry /level home, no minimum main floor area required, but simply a 1,020 square foot aggregate floor area is required. COMPREHENSIVE PLAN The Comprehensive Plan designates the subject lot as low density residential. A single family home is consistent with this designation. FINDINGS OF PACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. The lot is 5,160 square feet and 40 feet wide which is limiting to the size and style of house that can be built. A two -story home maximizes the space while allowing some green space for a yard. Adhering strictly to the requirement of a main floor area ratio of 960 square feet would be difficult in designing a two -story home while maintaining open space and lot coverage requirements. Allowing a two -story home on this lot allows for more finished area. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The subject site is part of'the City's Scattered Site Program. New construction and these small lots are severely limited to a small portion of properties in the city. C) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. As written the ordinance does not take into consideration the challenges of a 40 foot wide lot and the challenges of designing a house and required two car garage to fit while meeting setbacks and lot coverage requirements. If a two -story house was built with the minimum main floor area of 960 square feet the total finished area would be 1,920 square feet which would be over building in many neighborhoods in Columbia Heights. P & Z Minutes Page 3 June 4, 2013 d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The granting of the variance would be in harmony with the general purpose and intent of the comprehensive plan. The comp plan designates this property as single family residential and that is what is proposed to be built. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variances should not be materially detrimental to the public welfare or the use of the properties in the vicinity. The variance requests will have conditions imposed on them to help ensure this. Questions from Members: Little asked who designed the homes and why couldn't they be built deeper into the lots to add additional square footage? Cartney explained that the EDA went through a bidding process and they selected a builder who proposed building two different models that are both two story designs with 3 bedrooms and 2 bathrooms. She added that it is possible for the homes to go deeper, but the EDA has approved the two proposals which also meet a targeted sales price. Little then asked if either of the designs have been built at other locations in Columbia Heights. Cartney told him this would be the first one in Columbia Heights. Fiorendino asked if the same house would be built on all the scattered site lots. Cartney told him the first model would be built and sold. Other interested buyers will then have their choice of two designs subject to modifications if they choose to upgrade and the opportunity to pick out which lot they wish to purchase. The only lot that will have a different design will be the property at 4303 Reservoir Blvd since that lot will accommodate a larger home. Fiorendino asked how many lots were being marketed. Cartney told him 12. He asked if staff had any concerns about the proposed designs not fitting into the existing neighborhoods. She responded that she thought the proposed models would blend in just fine. Kinney asked if there was any background or rationale on why the original square footage had been decided on. Cartney said she wasn't aware of any background on this matter and that the language was somewhat unclear. Staff believes the intent was to address the finished square footage of a home rather than the footprint. Therefore, the new language proposed will clarify this. P & Z Minutes Page 4 June 4, 2013 Public Hearing Opened: No one was present to speak on this issue. Public Hearing_ Closed. Motion by Fiorendino, seconded by Little, that the Planning Commission recommends the City Council approve the variance to allow a main floor area of 581 square feet than the minimum requirement per Code Section 9.106 (D)(b) of the City Code, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The above grade minimum floor area shall be 1,162 square feet. All ayes. MOTION PASSED. The following Resolution will go to the City Council June 10, 2013. RESOLUTION NO. 2013-34 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR 44215"' STREET WHEREAS, a proposal (Case # 2013 -34) has been submitted by the City of Columbia Heights to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4421 5 °i Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 379 - square foot area variance to main floor area for a two -story dwelling per Code Section 9.106 (D)(b). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December June 4, 2013; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; P & Z Minutes Page 5 June 4, 2013 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance shall become unit and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS A77ACHED: 1. All application materials, maps, drawings, application shall become part of the permit. 2. The above grade minimum floor area shall be Passed this l Oth day of June, 2013 and descriptive information submitted with the 1,162 square feet. Offered by: Seconded by: Roll Call: Ayes: Nays: CASE NUMBER: 2013 -0602 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for minimum floor area of one and one -half and two story dwelling Cartney stated that in May 2013 the Economic Development Authority (EDA) finalized contracts to list and sell 12 scattered site lots and build with Timbereraft Homes. The majority of the scattered site lots are 5,160 square feet (40' wide lots). Timbereraft has presented the EDA with two model home styles for buyers to choose from both two -story homes. The models have a main floor area of 581 square feet (1,169sq.ft finished) and 597 square feet main floor area (1,197sq.ft. finished) both with unfinished basements. City Ordinance requires a one and one -half and two story dwellings to have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. P & Z Minutes Page 6 June 4, 2013 At the EDA meeting the representative from Timbercraft Homes explained that with these narrow lots it is hard to build a home with a large horizontal footprint that takes up the majority of the lot, it is more advantageous to build vertically to preserve what little open space there is. He also indicated that the model homes are minimums and if a buyer wanted a larger home they could build it if it fits within the parameters of the code, which could be accommodated on a few of the lots. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to "Advocate housing efforts that attract and retain residents, especially young families." An implementation strategy listed is to seek first time homebuyers for purchase of city owned property. Another goal listed is to "Preserve and reinvest in the housing stock to protect values and investment in the city." The Scattered site program obtains these goals by providing affordable "starter" homes and reinvesting in neighborhoods. FINDINGS OF PACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to "Advocate housing efforts that attract and retain residents, especially young families. " An implementation strategy listed is to seek first time homebuyers for purchase of city owned property. Another goal listed is to "Preserve and reinvest in the housing stock to protect values and investment in the city. " The Scattered site program obtains these goals by providing affordable "starter" homes and reinvesting in neighborhoods. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would apply to all one and one -half and two -story dwellings throughout the City. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. 4. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. P & Z Minutes Page 7 June 4, 2013 uestions from members: Fiorendino asked if we need to stipulate 550 s.f. as the minimum footprint, if we stipulate that there must be 1,020 of finished space. He didn't see the need to specify the footprint size. Cartney said the EDA gave staff the direction to amend the existing Ordinance and is the requesting party. This is being done to guide future development. Cartney reminded members this only affects 1 %2 and 2 story houses. Single level homes would still need to be larger. Kinney asked for confirmation that the amendment will establish a minimum footprint size for 1 i/2 and 2 story homes, and will also clarify the minimum requirement for above grade finished area. Cartney said that was correct. Public Hearing Opened. No one was present for this matter. Public Hearing Closed. Motion by Kinney, seconded by Little, that the Planning Commission recommends the City Council approve the proposed zoning amendment, with the typo correction discussed. All ayes. MOTION PASSED. The following draft Ordinance will go to the City Council June 10, 2013. DRAFT ORDINANCE NO. 1612 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO FLOOR AREA REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (D) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (D) Dwellings (2) Floor area requirements. The following floor area requirements shall apply to all dwelling units within the city: (b) One and one -half and two story dwellings shall have a minimum floor area of 960 550 square feet on the main floor, phis 120 square feet r each additional bedfeem over two with a total above grade minimum floor area of finished space of 1,020 square feet. P & Z Minutes Page 8 June 4, 2013 Section 2: This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: June 10, 2013 Second reading: June 24, 2013 Date of passage: NEW BUSINESS 1. Request for a Special Meeting for Renaissance Fireworks Cartney told members that Renaissance Fireworks has operated two tent sales of fireworks products for eight years in Columbia Heights at 40 °i and Central and in the Rainbow Mall parking lot. They wish to do so again this year, however, they submitted their documents too late to be included as part of this meeting. They have, therefore, requested that a special meeting be held in order to approve their Interim Use Permit so they can operate prior to the July 4`" holiday. Cartney explained this is something the P & Z Commission must address as it does not go to the City Council, according to our City Ordinance. Several dates were considered by the members, and it was the consensus to set the special meeting for Tuesday, June 181", 2013 at 7 pm. Cartney told members there will not be a meeting in July since no cases were received prior to the deadline. The meeting was adjourned at 7:25 pm. Respectfully submitted, Shelley Hanson Secretary CASE NUMBER: 2013 -0603 DATE: June 18, 2013 TO: Columbia Heights Planning Commission APPLICANT: Renaissance Fireworks LOCATION: 4005 Central Avenue REQUEST: Interim Use Permit for Seasonal Sales PREPARED BY: Sheila Cartney, Assistant Community Development Dir. INTRODUCTION Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4005 Central Avenue. The specific development standards for an outdoor sales /display establishment are found at Section 9.107 (C)(20), and will be added as conditions of approval for this permit. This will be the Renaissance's gch year operating a fireworks tent at this location in Columbia Heights. The attached site plan illustrates the configuration and orientation of the fireworks tent to Central Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent prior to the business opening for operation. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan, ZONING ORDINANCE The zoning classification for this property located at 4005 Central Avenue is CBD, Central Business District. Fireworks tents are allowed as Interim Uses in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 87,500- square foot commercial building is required City of Columbia Heights Planning Commission June 18, 2013 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2013 -0603 to have 263 parking spaces. After using the 13 parking spaces for the tent, the site will still have 282 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Fireworks tents are an Interim Use in the CBD, Central Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded from adjacent residential uses. 4. The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The fire department will conduct an on -site survey prior to the business opening. All state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. Page 2 City of Columbia Heights Planning Commission June 18, 2013 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2013 -0603 The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity, which are all zoned commercial. RECOMMENDATION Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined below. Motion: Move to waive the reading of Resolution No. 2013 -PZ03, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2013 -PZ03, being a Resolution approving an Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 19 to July 5, 2013 subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. a. The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right -of -way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off - street parking provided one - site below the level required for the principal use. Page 3 City of Columbia Heights Planning Commission June 18, 2013 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2013 -0603 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty -two (32) square feet. ATTACHMENTS • Location Map • Resolution • Site Plan Page 4 RESOLUTION NO.2013 -PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR RENAISSANCE FIREWORKS, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case 42013 -0603) has been submitted by Renaissance Fireworks to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4005 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for a fireworks tent and sale for a period of no more than 90 days, per Code Section 9.110 (F)(4)(a). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 18, 2013; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on -site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1 calendar year after the approval date, subject to petition for renewal of the permit. Resolution No. 2012 -PZ03 CONDITIONS ATTACHED: The Planning Commission approves the Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 19 to July 5, 2013 subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. a. The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right -of -way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off - street parking provided one -site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty -two (32) square feet. Passed this 18 °i day of June 2013, Offered by: Seconded by: Roll Call: Ayes: Nays: CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Resolution No. 2012 -PZ03 Mark Lazarchic Date CASE NUMBER: 2013 -0604 DATE: June 18, 2013 TO: Columbia Heights Planning Commission APPLICANT: Renaissance Fireworks LOCATION: 4300 Central Avenue REQUEST: Interim Use Permit for Seasonal Sales PREPARED BY: Sheila Cartney, Assistant Community Development Dir. INTRODUCTION Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4300 Central Avenue. Specific development standards for an outdoor sales /display establishment are found at Section 9.107 (C)(20), and will be added as conditions of approval for this permit. This will be the Renaissance's 9th year operating a fireworks tent in Columbia Heights and the first at this location. The attached site plan illustrates the configuration and orientation of the fireworks tent to Central Avenue. The plans will have to meet all applicable Fire Code regulations prior to operation. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Fireworks tents are allowed as Interim Uses in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900- square foot commercial building is required City of Columbia Heights Planning Commission June 18, 2013 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2013-0604 to have 483 parking spaces. The proposed fireworks tent will occupy 15 parking stalls. After subtracting 30 parking spaces for the Linder's Greenhouses, the site still has 583 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Fireworks tents are an Interim Use in the GB, General Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded from adjacent residential uses. 4. The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The fire department will conduct an on -site survey prior to the business opening. All state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. Page 2 City of Columbia Heights Planning Commission June 18, 2013 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2013 -0604 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity. RECOMMENDATION Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined below. Motion: Move to waive the reading of Resolution No. 2012 -PZ04, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2012 -PZ04, being a resolution approving an Interim Use Permit to allow Renaissance Fireworks to operate a fireworks tent located at 4300 Central Avenue NE, from June 19 to July 5, 2013 subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. a. The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right -of -way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. Page 3 City of Columbia Heights Planning Commission June 18, 2013 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2013 -0604 7. The fireworks tent shall not reduce the amount of off - street parking provided one - site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty -two (32) square feet. ATTACHMENTS • Location Map • Resolution • Site Plan Page 4 RESOLUTION NO. 2013 -PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR RENAISSANCE FIREWORKS WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2013 -0604) has been submitted by Renaissance Fireworks to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for a fireworks tent and sale, per Code Section 9.110 (E)(4)(a). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 18, 2013; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on -site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one 1 calendar year after the approval date, subject to petition for renewal of the permit. Resolution No. 2012 -PZ04 2 CONDITIONS ATTACHED: The Planning Commission approves the Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 19 to July 5, 2013 subj ect to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. a. The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right -of -way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off - street parking provided one -site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty -two (32) square feet. Passed this 18 °i day of June 2013, Offered by: Seconded by: Roll Call: Ayes: Nays: CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Mark Lazarchic Date