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HomeMy WebLinkAbout2015-06-02 P&ZSwu� Columbia ®Heights Planning and Zoning Commission Meeting Tuesday, June 2nd, 2015 7pm Columbia Heights City Hall 590 40th Avenue NE Columbia Heights, MN 55421 1. Roll Call a. Approval of May 5th, 2015 Planning and Zoning Commission Meeting Minutes 2. Public Hearings a. Case # 2015 -0601, Conditional Use Permit 3912 Central Avenue NE. Jay Shahidi, Decorative Construction b. Case # 2015 -0602, Interim Use Permit 4005 Central Avenue NE. Mark Lazarchic, Renaissance Fireworks c. Case # 2015 -0603, Interim Use Permit 4300 Central Avenue NE. Mark Lazarchic, Renaissance Fireworks 3. Other Business 4. Adjourn DRAFT MINUTES OF PLANNING AND ZONING COMMISSION MAY 5, 2015 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. New members Connie Buesgens and Stan Hoium were sworn in and welcomed. Commission Members present- Buesgens, Fiorendino, Hoium, Lee, and Szurek. Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Fiorendino, seconded by Buesgens, to approve the minutes from the meeting of March 3, 2015. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2015 -0501 APPLICANT: HGA Architects & Eng LOCATION: 3939 Central Ave NE REQUEST: Site Plan Approval HGA Architects and Engineers, on behalf of the City of Columbia Heights, have requested Site Plan Approval for the property located at 3939 Central Ave. NE. The City is proposing to construct a new municipal library facility on the property. Financing consideration for the construction of the library was approved by Columbia Heights residents through referendum in the 2014 general election. In the mid- 2000's, the Columbia Heights Economic Development Authority (EDA) acquired the north parcel of the subject site, which contained a former Burger King restaurant. The building was subsequently demolished. In the early 2010's, the EDA acquired the south parcel of the site, which contained a retail building that most recently housed a Salvation Army store and Mady's Bowling Alley. Demolition of that structure concluded in 2014. In early 2015, the City hired HGA Architects as the project architect and civil engineer through a competitive process. HGA staff, city staff, and a citizen planners group entitled the Library Design Task Force (LDTF) have been working since January to create plans for the new one -story, 22,600 square foot building. HGA prepared a narrative of the project, which details the various components of the building. ZONING ORDINANCE The property located at 3939 Central Ave. NE is located in the Central Business (CB) Zoning District. The properties to the north, south and west are located in the Central Business (CB) Zoning District and the properties to the east are located in R -3 Multiple Family Residential Zoning District. A library is an appropriate use in the Central Business District. P & Z Minutes Page 2 May 5, 2015 COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. The proposed Library is consistent with the City's Comprehensive Plan. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Central Avenue" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40 Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. The following standards are specific design requirements for the Central Business District: 1. Building Placement Buildings in the Central Business District are to have well defined front facades with a primary entrance that faces the street. The proposal achieves this requirement by creating a prominent front fagade along Central Ave, occupying 60 percent of the property frontage. 2. Primary Facades and Roof Buildings in the Central Business District should have a well - defined base, middle and top on the front facing fagade. This can be achieved by change in building materials, window size, etc. Although the proposed building is only one floor, the building is broken up by different colored siding materials, as well as prominent windows and doors which face Central Avenue. Roofs in the Central Business District are to be flat, and articulated with detailed cornices or parapets. The proposed building will have a flat roof. 3. Building Width and Facade Articulation If a building in the Central Business District exceeds 40 feet in width, it must be articulated into smaller increments. The proposed building achieves this requirement by interchanging building material types, and by the use of windows and doors. 4. Building Height All buildings in the Central Business District must have a minimum cornice height of 22 feet. The proposed building will achieve this requirement for the majority of the building. However, the south elevation will be 20 feet, due to over 6 feet of grade changes in the slope of the land parallel to Central Avenue. 5. Window and Door Openings In the Central Business District, window and door openings must comprise at least 30 percent of the area of the ground floor of the primary street fagade. Approximately 75 percent of the proposed building's front facing fagade is comprised of windows and doors. P & Z Minutes Page 3 May 5, 2015 6. Building Materials and Colors Buildings in the Central Business District are encouraged to have facades with neutral or muted colors. The proposed building will be sided with earth tone - colored materials, thereby achieving this requirement. The building facade consists of brick as a primary material type. As we have consistently done in new public buildings and artwork, limestone will also be integrated into the fagade as an identity for public buildings. As a contrast, darker colored aluminum panels will be placed vertically between the windows on the Central Avenue facade. The primary exterior wall will be an Ambassador Brick (16" x 2 '/4" x 4 ") or Norman (12" x 2 '' /a ' x 4 ") on a steel stud back -up wall. A secondary wall system of metal panels with steel stud back -up wall will occur in certain areas. The metal panel may have a pattern and texture to add visual interest to the simple repetitive forms of the exterior of the building. 7. Signage Signage will be addressed when the applicant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. SITE PLAN 1. Parking The proposed plan identifies 53 parking stalls for the new Library. Staff believes this number is adequate, and meets minimum zoning requirements. Depending on future development of adjacent sites, additional parking could be added in the future. 2. Access Access to the site will be provided via a "right -in, right -out' access point along Trunk Highway 65, south of the proposed building. Full site access will be provided on 39s' Avenue, east of Heights Rental. Minnesota Department of Transportation (MnDOT) regulations prevent the creation of a left turn lane into the site from southbound Trunk Highway 65. 3. Landscape Landscaping materials are shown on the attached Site Plan. Trees will be incorporated throughout the property and a vegetative drainage feature will be installed on the north side of the site. The City is working in coordination with the Mississippi Watershed Management Organization (MWMO) to achieve environmental best management practices on the site. 4. Building Layout To reinforce the pedestrian- oriented downtown, the longer length of the building extends along Central Ave with an entry on Central into the lobby. A second entry into the lobby is accessed from the parking (east) side. From the lobby, there will be a single controlled entry north into the library. The community meeting room is also accessible from the lobby on the south side and the overall entrance arrangement allows the meeting room to be used during P & Z Minutes Page 4 May 5, 2015 the off hours of the library. The main group of public restrooms will also be located in the lobby to provide access during all hours that the facility is in use. The exterior east and west walls of the lobby and library are positioned under the roof line of the building resulting in cover over the entries. In this way, the roof plane acts as a major visual and spatial design element for the project. Spanning overhead like a horizontal plane, the roof "welcomes" people into the building by providing cover and a sense of the indoor /outdoor connection at the transition; and it shades west and east- facing windows to control glare and heat gain in the summer. Also, by extending the west wall under the roof line at the entry, additional space between the front door and the street provides a buffer from busy traffic, and room to stand /sit outside. The act of entering the building becomes an important part of the experience of the library. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a. The site plan conforms to all applicable requirements of this article. The site plan meets all applicable Design Guidelines for the property. The Zoning Code requirements are achieved. b. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. The proposed plan for the property is consistent with the intent of the Comprehensive Plan. c. The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The proposed plan for the new municipal library building meets all the minimum setback requirements and all Design Guideline requirements. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Questions /comments from members: Holmbeck and Kevin Hansen were present to answer questions regarding the Site Plan. Buesgens asked if there will be a space for bike racks. Hansen told her yes. Hoium questioned not having a left hand turn into the property off Central Avenue. Hansen responded that they will have one driveway coming in off Central Avenue but due to the location of the median, there will not be a left turn access for those coming from the north. Hansen went on to P & Z Minutes Page 5 May 5, 2015 explain that MN DOT will not allow another driveway or for changes to the median. So all traffic coming from the north will have to take a left turn on 39`h Avenue and use the entrance off 39`h. He explained this is a State Aid road so it is constructed for a heavier traffic flow already. Hoium then asked if buses will be able to navigate around the parking lot. Hansen said it has been designed so garbage trucks will be able to access the garbage area on the NE side of the building, and that school buses will be able to navigate the lot. He was unsure whether coach type buses could actually navigate the parking lot since their turning radius is different from a school bus. Fiorendino asked about storm water management on the site. Hansen explained that stone water management will be designed with the whole site in mind even though not all of it is being developed now. Hansen reviewed the drainage plan with the members including the rain garden areas and where the drainage basin would be located. He also addressed the 28 -30 foot buffer between the Heights Theater parking lot and the Library building itself. Green space and trees will be used there as well as along the east property line rather than fencing. Fiorendino asked if all the site clean-up has been done. Hansen told members that soil borings have been done and it has been determined that the area is an old dump site that holds mostly construction debris and some regular municipal waste to a depth of about 27 feet. The City is working with the PCA to get a RAP Plan approved which would allow removing and replacing soils 2 -4 feet down and then capping the entire site with a barrier before construction of the building. He also said that approximately 100 pilings will be needed to a depth of 30 -80 feet under the building to support the structure. Hansen told members that another Public Meeting will be held at the Public Safety Building on May 20`h from 6 -8 pm which will review the Design of the facility and provide information to the public. Public Hearing Opened. No one wished to speak on this issue. Public Hearing Closed. Motion by Fiorendino, seconded by Lee, to waive the reading of Resolution No. 2015 -PZOI, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Fiorendino, seconded by Buesgens, to adopt Resolution No. 2015 -PZOl, being a resolution approving the site plan for the new municipal library to be located at 3939 Central Avenue NE., subject to the following conditions: 1. The property line that separated the former Burger King and Mady's Bowl properties must be removed prior to the issuance of the Certificate of Occupancy. All ayes. MOTIONPASSED. P & Z Minutes Page 6 May 5, 2015 RESOLUTION NO.2015 -PZOI RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF THE NEW MUNICIPAL LIBRARY LOCATED AT 3939 CENTRAL AVENUE NE. WHEREAS, a proposal (Case #2015 -0501) has been submitted by HGA Architects and Engineers on behalf of the City of Columbia Heights, to the Planning and Zoning Commission requesting site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3939 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site plan approval for the construction of a new municipal library to be located at 3939 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May 5, 2015; 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 accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. FURTHER, BE IT RESOLVED that the attached conditions, maps, and other information shall become part of this site plan and approval; and in granting this site plan the city and the applicant agree that this site plan approval 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. CONDITIONS ATTACHED: 1. The property line that separated the former Burger King and Mady's Bowl properties must be removed prior to the issuance of the Certificate of Occupancy. Passed this 5`" day of May, 2015 Offered by: Fiorendino Seconded by: Buesgens Roll Call: All ayes Marlaine Szurek, Chair Attest: Shelley Hanson, Secretary P & Z Minutes Page 7 May 5, 2015 CASE NUMBER: 2015 -0502 APPLICANT: Jerold Lemire LOCATION: 3828 Quincy Street NE. REQUEST: Variance request At this time Jerold Lemire, is requesting a Variance for a proposed accessory structure (garage), and addition to the principal structure (house) at 3828 Quincy Street NE. 1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be located next to a principal structure. City Code states that accessory structures must be located behind the principal structure. 2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located within 4 feet of the side property line. City Code states that the side yard setback for the property is 5 feet. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for low density residential. Being that the proposed accessory structure and addition would be for the existing house on the property, the Variance request is consistent with the types of uses guided for this area. ZONING ORDINANCE The property located at 3828 Quincy Street NE is zoned R -3 Multiple Family Residential, as are the properties to the north, south and east. The properties to the west are located in the I -1 Industrial District. FINDINGS OF FACT (Variances) Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. 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 undue hardship. The parcel at 3828 Quincy Street NE. does not have alley way access and as such poses difficulties for the property owner to erect a garage behind the principal building. Building an attached garage would be costly for the homeowner. The homeowner wishes to build the addition along the same building line as the existing structure for aesthetic reasons. b) The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. This is correct. P & Z Minutes Page 8 May 5, 2015 c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. This is correct. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. This is correct. 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. This is correct. Staff recommends approval of the Variance for an accessory structure, and addition to the primary structure to be located at 3828 Quincy Street NE. Ouestions /Comments from members: Hoium asked if a detached garage has to be behind the house. Holmbeck said yes, attached garages are a different matter. Fiorendino asked if the existing driveway would continue to be used. Holmbeck said it would stay and the curb cut would not change. She explained that he will add a corner piece for better access. Lee asked if he was exceeding the allowed percentage of lot coverage. Holmbeck told members that he still is under the maximum percentage. Hoium asked if neighboring properties had been notified of his request. Holmbeck stated that notices are sent out to people within 350 feet of the affected property and that a notice is also published in the newspaper. Public Hearine Opened. No one wished to speak on this issue. Public Hearing Closed. Motion by Fiorendino, seconded by Lee, to close the public hearing and waive the reading of Resolution 2015 -32, there being ample copies available to the public. All ayes. MOTION PASSED. P & Z Minutes Page 9 May 5, 2015 Motion by Fiorendino, seconded by Lee, that the Planning Commission recommends that the City Council approve the Resolution No. 2015 -32 approving Variances for the property located at 3828 Quincy Street NE., 1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be located next to a principal structure. 2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located within 4 feet of the side property line. All ayes. MOTION PASSED. The following Resolution will go to the City Council at the meeting of May 11, 2015. RESOLUTION NO. 2015-32 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR 3828 QUINCY STREET NE. WHEREAS, a proposal (Case # 2015 -0502) has been submitted by Jerold Lemire to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3828 Quincy Street NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 1) Waiver to Section 9.106 (C) (1) (c)- allowing an accessory structure (detached) to be located next to a principal structure. 2) Waiver to Section 9.109 (C)- allowing an addition to the principal structure to be located within 4 feet of the side property line. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on May 5, 2015; 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; 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. P & Z Minutes Page 10 May 5, 2015 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 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. CASE NUMBER: 2015 -0503 APPLICANT: Eric Simonson LOCATION: 141743 Id Avenue NE. REQUEST: Minor Subdivision At this time, Eric Simonson is requesting a Minor Subdivision per City Code Section 9.104 (K), for the property located at 1417 43`d Avenue NE. The applicant wishes to split the existing lot into two single family residential lots. There are currently two attached condos existing on the lot. The condos are separated by two, one -hour rated assemblies (fire wall). Both the City Building Official and the City Fire Chief have reviewed the application for Minor Subdivision and added a condition of approval, that the fire wall must be maintained in the present state. The applicant wishes to split the lot and change the property description. The applicant prepared a narrative (attached) detailing the reason for this request. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for residential use, which is proposed for this site. ZONING ORDINANCE The property is zoned R -2A, one and two - family residential as are the properties to the north and west. The properties to the east and south are zoned R -1, single family residential. FINDINGS OF FACT (Minor Subdivision) Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: 1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in two lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. No vacation of existing easements will occur as a result of the minor subdivision. P & Z Minutes Page 11 May 5, 2015 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The lots will conform to the lot width and lot area requirements 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. This is correct. 5. The property has not previously been divided through the minor subdivision provisions of this article. This is correct. 6. The proposed subdivision does not hinder the conveyance of land. This is correct. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is correct. 8. The proposed subdivision meets all of the design standards specified in Section 9.114. This is correct. Staff recommends that the Planning and Zoning Commission approve the proposed minor subdivision for the property located at 1417 43d Avenue NE. Ouestions /comments from members: Szurek stated she questioned how this was allowed to be built in the first place based on the topography and access issues to the property. She questioned how 1415 will access their garage since there is only one entry point to both properties. Holmbeck explained a recorded driveway easement to allow access to "Parcel A" is required to be filed with Anoka County. That way anyone living in Parcel A will have the right to cross Parcel B to access their garage area. Members had a discussion with the current owner regarding his reasons for making this request. Simonson explained that he has found it difficult to get financing on this property since it is classified as condo units, but the proper condo association documents were never recorded. If it is re- established as a twin home with separate legal descriptions it will be easier to sell, get financing on, and will increase the property value on these parcels as well as those in the surrounding area. Holmbeck stated the City Attorney has reviewed this request and saw no reason to deny the request. She also told members that this matter will go before the City Council at the May 11`x' meeting where the City Attorney will be present to answer any questions there may be. P & Z Minutes Page 12 May 5, 2015 Public Hearing Qpened. Allie Monahan of 4314 McLeod St said the south side of her property butts up against the north side of this property. She said she has a problem with the current owner regarding his lack of maintenance of the property. She continually has to cut 5 11 growth of weeds, thistle, and long grass along the property line because he only cuts his lawn when the Fire Department threatens him with a Contractor doing it at his expense. This means he cuts it approximately 2 or 3 times a year. She requests that he become a responsible landowner and be considerate of his neighbors. Monahan thinks he should be required to mow his lawn and keep up the property. Holmbeck stated that is a property maintenance issue that is enforced by the Fire Dept. Monahan said she has called them on numerous occasions but it hasn't been effective. Szurek sympathized with her and encouraged her to keep calling until he gets a citation or incurs charges for the City to MOW. There was a discussion about what public benefit there is to approving this request. It was decided that by approving the request it more accurately reflects the actual construction and use of the property since it isn't a "typical Condo" setup which would require an association to be established. Szurek said she thinks it would benefit the property owner and future owners by making it easier to sell and to obtain financing for that purpose. Public Hearine Closed. Motion by Lee, seconded by Hoium, to wave the reading of Resolution No. 2015 -34, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Lee, seconded by Buesgens, that the Planning and Zoning Commission recommends the City Council approve the minor subdivision of the property located at 1417 43rd Avenue NE., 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 applicant shall be responsible for filing the approved subdivision survey and driveway easement with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. 2. The fire separation walls must be maintained in the present state. The following Resolution will go to the City Council at the May 11, 2015 meeting. P & Z Minutes Page 13 May 5, 2015 RESOLUTION NO. 2015-34 RESOLUTION APPROVING A MINOR SUBDIVISION FOR 1417 43rd AVENUE NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2015 -0503) has been submitted by Eric Simonson to the City Council requesting Minor Subdivision approval from the City of Columbia Heights at the following site: ADDRESS: 1417 43rd Ave. NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Minor Subdivision for the property located at 1417 43d Avenue NE. WHEREAS, the Planning and Zoning Commission has held a public hearing as required by the City Zoning Code on May 50, 2015; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed Minor Subdivision 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 City Council accepts and adopts the following findings: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. FURTHER, BE IT RESOLVED that the attached conditions, survey, and other information shall become part of this Minor Subdivision and approval; and in granting this Minor Subdivision the city and the applicant agree that this Minor Subdivision shall become null and void if the subdivision has not been filed with the Anoka County Recorder's Office within one (1) calendar year after the approval date. CONDITIONS ATTACHED: The Planning Commission approves the Minor Subdivision for 1417 43rd Avenue NE. 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 applicant shall be responsible for filing the approved subdivision survey and driveway easement with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. 2. The fire separation walls must be maintained in the present state. P & Z Minutes Page 14 May 5, 2015 Holmbeck told members that they will be forwarded an online class that staff encourages them to complete. She explained it takes less than an hour and will be helpful to detail the role of the commission. Holmbeck also told members that the Community Development Director is planning on hosting a training session in the near future to acquaint them with the Comprehensive Plan, The Zoning Ordinance, and the types of cases that could potentially come before them in order to make recommendations to the City Council. The next meeting should be Tuesday, June 2, 2015. The meeting was adjourned at 8:00 pm. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS CASE NUMBER: 2015 -0601 DATE: May 28, 2015 PLANNING REPORT TO: Columbia Heights Planning Commission APPLICANT: Jay Shahidi, Decorative Construction DEVELOPMENT: Criollo Auto Repair LOCATION: 3912 Central Avenue NE. REQUEST: Conditional Use Permit -Minor Automobile Repair PREPARED BY: Elizabeth Holmbeck, Associate City Planner INTRODUCTION Jay Shahidi, from Decorative Construction, has requested a Conditional Use Permit (CUP) that would allow a minor automobile repair shop to operate at the property located at 3912 Central Avenue NE. There is currently an existing house and garage located on the commercially zoned property. The house is being used for office space and the existing garage will be demolished to make way for the proposed garage, to accommodate the future minor auto repair business. ZONING ORDINANCE The property at 3912 Central Ave. NE is located in the CB, Central Business Zoning District. Adjacent properties to the north, south and east are also zoned Central Business. The properties to the west are zoned R -3, Multiple Family Residential. Minor auto repair requires a Conditional Use Permit in the City's Central Business Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Although the property was at one time used as a residential home, it has been used as a commercial property and has lost the non - conforming use status. Allowing the minor auto repair as a conditional use is consistent with the City's Comprehensive Plan, which aims to expand commercial uses along the Central Avenue Corridor. of Columbia Heights Planning Commission to Auto Repair- 3912 Central Avenue- Conditional Use Permit FINDINGS OF FACT June 2, 2015 Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Minor Automobile Repair is specifically listed as a Conditional Use in the Central Business (CB) Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Commercial use. The proposed use is commercial in nature. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not disrupt neighboring properties as this auto repair shop will only service a few vehicles at a time. Also, the property directly to the north is a minor auto repair shop. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by adding the proposed use. (e) 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 proposed use will be operated out of the garage located in the back yard of the property and will be compatible in design to surrounding businesses. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) 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 2, 2015 Criollo Auto Repair- 3912 Central Avenue- Conditional Use Permit The proposed use is not anticipated to create traffic issues as the shop will only service a few cars at a time. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. There is no anticipated negative cumulative effect associated with the addition of the proposed use. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMMENDATION Move to waive the reading of Resolution No. 2015 -35, there being ample copies available to the public. Move to adopt Resolution No. 2015 -35, being a resolution approving a Conditional Use Permit, for the property located at 3912 Central Ave. NE., subject to the following condition: 1. The Site Plans and Building Elevations shall become part of this approval. 2. The building and site shall be meet all requirements found in the Zoning Code, Fire Code and the Building Code. 3. All other applicable local, state and federal requirements shall be met at all times. ATTACHMENTS • Resolution No. 2015 -35 • Location Map • Application • Applicant's Narrative • Existing Site Survey • Site Plan • Elevations Page 3 RESOLUTION NO. 2015 -35 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR MINOR AUTOMOBILE REPAIR AT 3912 CENTRAL AVE. NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2015 -0601) has been submitted by Jay Shahidi, from Decorative Construction to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 3912 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for minor automobile repair. WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on June 2, 2015; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission 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 City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings: 1. The use is one of the conditional 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 distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 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. The use and property upon which the use is located are adequately served by essential public facilities and services 7. Adequate measures have been or will betaken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. 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. CONDITIONS ATTACHED: 1. The Site Plans and Building Elevations shall become part of this approval. 2. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 3. All other applicable local, state and federal requirements shall be met at all times. Passed this 8 1 day of June, 2015. Offered by: Seconded by: Roll Call: Attest: Katie Bruno Council Secretary Mayor Gary L. Peterson c'V`°n Y 3912 Central Avenue Northeast 3951 3948 3947 950 3946 3946 3951 3942 _ 3943 3938 3939 ry M� m , � a o .- 3934 3935° 3930 3931 3928 z N 2 u! - -- ^(p� y 3923 3924 Q 3918 j r3918 F' W 3914 i Q 3915 U 3927 3911 i 3906 3910 3900 ° 3900 i 3905 39TH AVE NE �j 39TH AVE NE 85— 0 3857 i 3853 ! 940 N R 3850 -a 3853 a 3849 i 3851 3844 3847 ` ; _ - - -- '4--7'.. 3842 3841 3844 3847' :. 3839 -- 3841 4ciml? ram- i iana.c" rt 2Na CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(H) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION: DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant: / PROPOSED NAME OF DEVELOPMENT: �j2 ZL p PROJECT ADDRESS /LOCATION: �? ll /4is/��ir7jt LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and justification for your request. Describe any modifications and /or limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICA E -MAIL /9/ :�; FAX CELL # ADDRESS CITY STATT��E�� /ZIP FEE OWNER OF PROPERTY ADDRESS � /yam PHONE� FAX CITY �J /y�/� /�� /� STATE /�� /� ZIP Page 1 of 2 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings A. Submittals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200.00 Conditional Use Permit Fee TOTAL AMOUNT RECEIVED $ p©, pQ CITY RECEIPT NUMBER (.Q Z DATE RECEIVED Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: APPLICANT SIGNATURE DATE rKUrEK I Y OWNER SIGNATURE (If different from Applicant) DATE COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised: 2006 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 Decorative Construction, Inc. (DCI) Building Repairs, Renovation, Remodeling, General Contracting, Construction Mgt., Consulting 11705 Live Oak Drive, Minnetonka, MN 55305 TEL: 952 - 920 -4202 * FAX: 952- 920 -4202 * Cell: 612- 328 -1913 * Minnesota License: BC 07 -9065 April 30, 2015 City of Columbia Heiths 590 40th Avenue North East Columbia Heights, Minnesota 55421 Attention: Elizabeth Holmbeck, REF.: 3912 Central Avenue N.E., Columbia Heights, MN 55421 Ms. Holmbeck: My clients /customers, Manuel Criollo and Marco Fajardo Bermeo, the owners of the property at the above - mentioned address, would like to apply for a Conditional Use Permit. They have authorized me to apply on their behalf. As you are aware, the owners intend to demolish the existing residential detached garage and build a commercial building to be used for motor vehicle repair and automobile body repair work. The lot will be excavated and re- landscaped as required by all the pertinent laws and codes and a new building shall be erected as shown in the attached lot survey and preliminary architectural plans. The access to the building shall be from the alley side. The new building shall be completely detached and independent with separate lines and will not be attached in any way to the existing house. There are no plans to alter the design and structure of the existing house with the possible exception of moving the rear entry stairs on the west side around the corner to the south side and switching one existing door with one existing window. Sincerely, M. Jay Shahidi, President Decorative Construction, Inc. Cell: 612 - 328 -1919 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2015 -0602 DATE: May 28, 2015 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Renaissance Fireworks LOCATION: 4005 Central Avenue REQUEST: Interim Use Permit for Seasonal Fireworks Sales PREPARED BY: Elizabeth Holmbeck, Associate City Planner 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 outdoor fireworks sales /display are found in Section 9.107 (C) (22) of City Code, and will be added as conditions of approval for this permit. This will be the Renaissance's 11th year operating fireworks sales 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. The proposal for outdoor seasonal fireworks sales 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. The properties to the north, south and west are also zoned Central Business and the properties to the east are zoned in the R -4, Multiple Family Residential District. Fireworks tents are allowed as Interim Uses in the Central Business Zoning District. City of Columbia Heights Planning Commission June 2, 2015 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2015 -0602 FINDINGS OF FACT Section 9.104 (1) 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: I. 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. 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. Page 2 City of Columbia Heights Planning Commission June 2, 2015 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2015 -0602 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. 2015 -PZ01, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2015 -PZ01, being a Resolution approving an Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 15th, to July 10th, 2015 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. S. 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. S. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty -two (32) square feet. Page 3 City of Columbia Heights Planning Commission June 2, 2015 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2015 -0602 ATTACHMENTS Resolution NO. 2015 -PZ01 Location Map Applicant's Narrative • Application ■ Lease Agreement • Tent Layout Drawing • Certificate of Flame Resistance • Storage Container Picture • Product List • Material data Sheet Page 4 RESOLUTION NO. 2015 -PZOI RESOLUTION APPROVING AN INTERIM USE PERMIT FOR A FIREWORKS TENT AT 4005 CENTRAL AVENUE NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2015 -0602) 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 temporary outdoor fireworks sales from June 15 to July 10, 2015. WHEREAS, the Planning Commission has held a public hearing as required bythe City Zoning Code on June 2, 2015; 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 betaken to minimize traffic congestion on the public 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. CONDITIONS ATTACHED: The Planning Commission approves the Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 15 to July 10, 2015 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 2nd day of June 2015. Offered by: Seconded by: Roll Call: Attest: Shelley Hanson Secretary Marlaine Szurek, Chair 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. Applicant's Signature Date Columbia Heights Center - 4005 Central Ave. Columbia Heights, MN U"t"'OAs NE `is No colukb ja Heights Center Serenity Venture Group DBA: Renaissance Fireworks Inc 1625 County Hwy 10 Suite D Spring Lake Park Mn 55432 612- 638 -7643 1 City of CO�ic/r7iJr�' Welcome to the 2015 fireworks season!! Enclosed you will find the 2015 permit applications for Renaissance Fireworks Inc for the location of C 5 �r/ ( . If you have any questions or we have missed anything, please don't hesitate to give us a call /email. Our certificates of Insurance will follow. We look forward to working within your city again! Sincerely, Krissy Allex krissy@renaissancefireworks.com Cell: 651- 497 -1364 CITY OF COLUMBIA HEIGHTS INTERIM USE APPLICATION '... ..a a.S..r�.�� -'�- �. �_..+�• -� � :9a „�.?1� 3` `. :m;.. �, r. ;.:, #�i,'f �i � _,.��,m av�. �k' -• To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(1) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: Q � ° s • ��av ly .� r k'�X. l iJ i is � i � �i To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: PROJECT ADDRESS /LOCATION: EGGS �2L +a/ C)ecr LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): PRESENT USE OF PROPERTY: ;Q,z/ -"; PROPOSED USE OF PROPERTY: 4/ REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and justification for your request. Describe any modifications and/or limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICANT PHONE gVe-9,75/D FAX E- MAIL / J?( Lr( �� /i /cRlflQ/�u�i�tlu�s.loriPAGER CELL # ADDRESS ///0% l//y0, /tit/ /7t CITY /11/5 STATE ZIP FEE OWNER OF PROPERTY �� / ,� GLC ADDRESS //-/& 7S 17ia-f /r;, PHONE FAX CITY �/cr� / aar7� STATE Page 1 of 2 /2? /-7 ZIP 5-S-3Ue/ CITY OF COLUMBIA HEIGHTS INTERIM USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. FIRE DEPARTMENT APPROVAL MAY ALSO BE REQUIRED AND MUST MEET FIRE CODE REQUIREMENTS SET BY THE FIRE CHIEF OR CONTAINED IN THE CITY CODE. A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings A .-- Submittals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $250.00 Interim Use Permit Fee CITY RECEIPT NUMBER TOTAL AMOUNT RECEIVED $ 'e;c DATE RECEIVED '5'13'15 Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: APPLICANT SIGNATURE DATE � t L PROPERTY OWNER SIGNATURE (If different from Applicant) DATE FN-6ab?� +6fn'0eCV - 5I 1 3l I S COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised: 2007 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 Renaissance Fireworks Inc. TEMPORARY LEASE AGREEMENT THIS FIREWORKS STAND AND LEASE AGREEMENT is made between Property Owner (herein referred to as the "Landlord ") whnce addreca ic- Landlord: Phone Number: Columbia Heights Center LLC 952- 944 -1665 Address: Contact: 14675 Martin Drive Suite Tim McLaughlin Eden Prairie, MN. 55344 Federal Tax ID or SSN: Check Payable: Site Information Property Name: Phone Number: Columbia Heights Center Address: Contact: Central Ave and 40th and Renaissance Fireworks, Inc. (hereinafter referred to as the "Tenant "), whose address is: 1625 County Highway 10 Suite D Spring Lake Park, MN 55432 LEASE OF PROPERTY. Landlord leases to Tenant the property described above at the location shown on attached EXHIBIT A. which exhibit is made a part hereof. The property is to be used for the purposes of housing a temporary sales facility from which the sale of state- legallAG (Class C) consumer fireworks and novelty items will be conducted in accordance with applicable law. Landlord specifically gives permission to the Tenant to locate a temporary stand, kiosk or tent on the property, which stand, kiosk or tent will be the vehicle from which the products will be sold. TERM.. The term is for the period June 19, 2015 through July 5, 2015. Tenant may begin setting up and continue taking down for 7 days before and after the term dates. RENT. Tenant agrees to pay rent to the Landlord in the aggregate amount of ONE THOUSAND DOLLARS ($1,000.00), for the property named above under site information, which amount shall be paid on or before July 21, 2015. TENANT'S PROPERTY. All of Tenant's personal property shall be on the leased property at Tenant's sole risk. OPERATORS. The Landlord acknowledges that the Tenant sometimes sublets the sale of the fireworks to independent operators. Landlord approves of all such arrangements, provided that the Tenant is not relieved from any obligations hereunder. INSURANCE. Tenant shall provide general liability insurance covering the Tenant's use and occupation of the properties, including, without limitation, product liability, bodily injury, personal injury and property damage, on an occurrence basis, with coverage in the aggregate amount of ONE MILLION DOLLARS ($1,000,000.00). The insurance shall name the Landlord as an additional insured under Tenant's insurance policy "as Landlord's interest may appear." Prior to occupancy, Tenant shall deliver, a Certificate of Insurance to Landlord evidencing the insurance required hereunder. INDEMNITY. Tenant shall indemnify and hold the Landlord harmless from any claims in connection with any injury or damage caused to any person or property arising out of Tenant's use or occupancy of the properties. SURRENDER OF PROPERTIES & RIGHTS Tenant agrees to surrender possession of the property to the Landlord upon termination of this agreement in as good condition and repair as the same shall be on the date Tenant first occupies the properties under this lease agreement -- ORDINARY WEAR AND TEAR EXCEPTED. The Tenant shall make any and all repairs necessary to restore any portion of the property where such restoration is necessitated by the Tenant's use of the property. CHANGE IN LAW. In the event that the sale of consumer fireworks is prohibited for any portion of the term by any level of judicial, legislative or executive law, order, rule or regulation, this lease shall, upon notice from the Tenant to the Landlord, terminate, whereupon any advanced rental payment shall be returned to the Tenant on a pro rata (number of days of term occupied) basis and the Tenant shall be relieved from any further liability hereunder. PERMITTING. This agreement is contingent upon Tenant securing all required local and state licenses and permits to sell lAg (Class C) consumer fireworks on the leases premises. If Tenant is unable to secure such license and permits this lease agreement will become null and void. revision. PROPERTY. If the property is inaccessible or unusable due to construction or the like, then this lease is subject to ENTIRE AGREEMENT. This lease agreement and any incorporated exhibits or attachments contain all of the agreements between the parties and cannot be modified in any manner other than by an agreement signed by the parties with the same formalities attendant to the execution of this lease agreement. Each agreement, term and provision of this lease agreement shall be construed to be a promise, covenant and condition. PROVISIONS BINDING. The agreements herein shall be binding upon and inure to the benefit of the heirs, executors, administrators, personal representatives, successors and assigns of the parties. IN WITNESS WHEREOF, the Landlord and Tenant have executed this lease agreement, each party acknowledging receipt of %an executed copy f. /hereo cd /G A !�/b iyg �h �y -> RENAISSANCE FIREWORKS, INC. — "Tenant" Name pf Land] rd Entity, — " "Lan ord" By. 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PrecautI oee iiaeo via — L onwoi measures ZrZn WuWMp�i¢etiC Pt�C'li4aa Pop, a UA3aD ,Mf.t91.9S4j�]7!i CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2015 -0603 DATE: May 28, 2015 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Renaissance Fireworks LOCATION: 4300 Central Avenue REQUEST: Interim Use Permit for Seasonal Fireworks Sales PREPARED BY: Elizabeth Holmbeck, Associate City Planner INTRODUCTION Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4300 Central Avenue. The specific development standards for outdoor fireworks sales /display are found in Section 9.107 (C) (22) of City Code, and will be added as conditions of approval for this permit. This will be the Renaissance's 111" year operating fireworks sales 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. The proposal for outdoor seasonal fireworks sales 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 GBD, General Business District. The properties to the north and south are zoned LB, Limited Business. The properties to the west are zoned R -2A One and Two Family Residential and the properties to the east are zoned in the General Business District. Fireworks tents are allowed as Interim Uses in the General Business Zoning District. City of Columbia Heights Planning Commission June 2, 2015 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2015 -0603 FINDINGS OF FACT Section 9.104 (I) 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 GBD, 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. 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. Page 2 City of Columbia Heights Planning Commission June 2, 2015 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2015 -0603 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. 2015 -PZ02, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2015 -PZ02, being a Resolution approving an Interim Use Permit for a fireworks tent at 4300 Central Avenue NE, from June 15th, to July 10th, 2015 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. Page 3 City of Columbia Heights Planning Commission June 2, 2015 Renaissance Fireworks, Inc. - Interim Use Permit Case # 2015 -0603 ATTACHMENTS • Resolution NO. 2015 -PZ02 • Location Map • Applicant's Narrative • Application • Lease Agreement • Tent Layout Drawing • Certificate of Flame Resistance • Storage Container Picture • Product List • Material data Sheet Page 4 RESOLUTION NO.2015 -PZ02 RESOLUTION APPROVING AN INTERIM USE PERMIT FOR A FIREWORKS TENT AT 4300 CENTRAL AVENUE NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2015 -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: 4300 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for temporary outdoor fireworks sales from June 15 to July 10, 2015. WHEREAS, the Planning Commission has held a public hearing as required bythe City Zoning Code on June 2, 2015; 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 public 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 fl) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: The Planning Commission approves the Interim Use Permit for a fireworkstent at 4300 Central Avenue NE, from June 15 to July 10, 2015 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 2nd day of June 2015. Offered by: Seconded by: Roll Call: Attest: Shelley Hanson Secretary Marlaine Szurek, Chair 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. Applicant's Signature Date Columbia Heights Brixmor - 4300 Central Ave Northeast Columbia Heights, MN r 'rip r E LP tt Serenity Venture Group DBA: Renaissance Fireworks Inc 1625 County Hwy 10 Suite D Spring Lake Park Mn 55432 612 - 638 -7643 City of C D GGCmz "t }, e {1 "// �J Welcome to the 2015 fireworks season!! Enclosed you will find the 2015 permit applications for Renaissance Fireworks Inc for the location of If you have any questions or we have missed anything, please don't hesitate to give us a call /email. We look forward to working within your city again! Sincerely, Krissy AIIex krissy@renaissancefireworks.com Cell: 651- 497 -1364 CITY OF COLUMBIA HEIGHTS INTERIM USE APPLICATION *zTMmer �..� ;-w- �a€earsma�m.sasee��re�. ar a..arssP +,sas_r.�awcv ,'r ae.���.rrxr ro zsd� �. - -� .a To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(1) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION: DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: Y To be filled out by Applicant., /I PROPOSED NAME OF DEVELOPMENT: PROJECT ADDRESS /LOCATION: X oo 1� tGLr� / au-e LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): C PRESENT USE OF PROPERTY: D USE OF IV REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and justification for your request. Describe any modifications and/or limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICANTiJy /� �19i3/2��c PHONE 1123'UD3ZzI29 FAX E-MAIL ��o ✓i/� /iira/ / ✓Q/rLly /l�y�t//� •/i 42 PAGER CELL # ADDRESS //aG" /Gex d llil> /7Z CITY i� /f' STATE /Jj/9 ZIP �5 �yle FEE OWNER OF PROPERTY 11�l✓, l//9 ,)/TL ADDRESS VZl) la Vl") 10--) PHONE Zy /O - X34-7575 FAX CITY lQo;J Ia2-k STATE ,/V`/ ZIP Page 1 of 2 /O/ 7e CITY OF COLUMBIA HEIGHTS INTERIM USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. FIRE DEPARTMENT APPROVAL MAY ALSO BE REQUIRED AND MUST MEET FIRE CODE REQUIREMENTS SET BY THE FIRE CHIEF OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY INTERIM USE PERMIT APPLICATION A. Submittals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $250.00 Interim Use Permit Fee CITY RECEIPT NUMBER TOTAL AMOUNT RECEIVED 'SG -'-',c DATE RECEIVED -6 Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: IUKh OWNER COMM Revised: 2007 trom Applicant) NT STAFF MEMBER DATE 419 DATE Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 March 10, 2015 To Whom It May Concern: Permission is hereby granted to Renaissance Fireworks for the exclusive right to use the property, commonly referred to as Central Valu Center, located at 4300 Central Avenue NE in the City of Columbia Heights, MN for their 2015 fireworks sale. It is understood that the grantees will be responsible for conducting the sales in accordance with all City, County and State regulations, and the property will be left clean and free of debris, in addition to any and all of the requirements as set forth in the temporary license agreement. Should you need anything further from the Landlord (Brixmor Property Group), please feel free to contact me at 610- 834 -7575. Thank you, Laura McLaughlin Director, Ancillary Income erlxmor Property Group ♦ 420 Lexington Avenue • 7th Floor ♦ New York, NY 10170 ♦ Phone 212.869.3000 0 Fax 211869.3989 ♦ Bruonor.com O rJrJ�rJ @PcPrJrJ�rJ�rJ��PcPrJ��PcPrJ�r pr @pd'Q J�rJ�PrJ��PcPcP�PrPcl cPrJ�PrJ�r�rJ�rJ�cP[ P�PrJ@ TrJ�rJ�cP�PrJ�rlcPrJ�rJ�rJ @Pr1[J� O 5 5 5 �c ss� �m 5 32, 5 ' m 5 m o 0GmlDO 0 �� : m � mom 5 z0 5 5 w a > — o t3 CL CL N 7 Z cNn m o fSDN t 5 0 3 •M_ DD �0 5 5 5 a - d m m o ° ��°aui „ (D C n0 z _ r A ,C A 6 oX o� 5 5 �+° ztrt7A 5 T (n <D z n 0 p. Z 3 44 5 5 W d � (D � a �C)'s 3S y x � to ��mz� 3.°+ ti+LV S D m — U) 2) rte-►. 5 T � a a = C) cr — 5 N �Z 'n0 );p d Q0) 5 m- d U) V Zv O 5 CD n LW o C m � c O m0) NW nM D 5 `DC a3Ic V0. m m S o(D ?°�—'a -'H m° n °� CD 5 rz -� ooc'o a z m� c 5 0 `°M �zo 5 CD° p co S. ° tp m p ri a 5 z CD o 5 o aQ rt O 5 o. - 5 5 Z Gy ' N �3oc Z 5 5 5 c'o c a 5 5 5 5 o ����s�� o RFI 2015 Metal Storage Containers for use at temporary fireworks retail sites Supplied by Dart Storage 20` STAIVD/�RD: Zfl' Renaissance Fireworks, Inc. Product List Updated April 2014 9.99 BOGO Fountains Packaging Units oar Case Case Weight (Ibs) Classic Show Crackling Rose Intrepid Flame Whistling Color Cuckoo 19.99 BOGO Fountains Bonzai Pipeline Festiva Firefly Fool's Gold Royaltini Sassy Lassie Vision Me 36/1 36 25 36/1 36 13 36/1 36 13 36/1 36 28 Packaging Units per Case Case Weight (Ibs) 24/1 24 37 24/1 24 23 24/1 24 29 24/1 24 22 24/1 24 24 24/1 24 29 24/1 1 24 26 29.99 BOGO Fountains Packaging Units per Case Case Weight (Ibs) Breathless Burn Baby Burn Digital Garden Dragon Eyes Fire and Flash Hot Roll Magic In The Garden Mesmorize Picture Perfect Spring Fast 39.99 BOGO Fountains Fish out Of Water Lemon Chero /lemon Lime Delight Royal Garden Superb Worlds Highest /Strongest Assortments #3 Novelty Assortment All Star Bag /Kids Delight Economy Fountain Tray In The Mixx #5 Jumbo Value Fountain Tray Mixx It Up #3 Mountains of Fountains Party Bag of Fun Party Bag of Fun and Then Some 18 /1 18 32 16/1 16 20 20/1 20 17 20/1 20 17 12/1 12 31 16/1 16 45 18/1 18 1 36 24/1 24 32 12/1 12 21 12/1 12 22 Packaging Units oar Case Case Weight (Ibs) 12/1 12 35 12/1 12 29 12/1 12 33 12/1 12 26 18/1 18 42 Packagine Units oar Case Case Weight (Ibs) 24/1 24 16 36/1 36 39 16/1 16 32 12/1 12 35 4/1 4 47 9/1 9 21 1/1 1 5 1/1 1 7 1/1 1 9 P4 serial Safety Data Street U.S. Department of labor ?.tay oa wad to cunFSY with Occupational Safety and Health Acminisvation C SiaA's t;:,zarC ammur t;on Saardard. 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