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HomeMy WebLinkAboutJune 2, 2015 minDRAFT MINUTES OF PLANNING AND ZONING COMMISSION JUNE 2, 2015 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Buesgens, Hoium, Lee, and Szurek. Members Absent: Fiorendino Also present were Elizabeth Holmbeck (Planner), Joseph Hogeboom (Community Development Director), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium, seconded by Buesgens, to approve the minutes from the meeting of May 5, 2015. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2015-0601 APPLICANT: Jay Shahidi, Decorative Construction LOCATION: 3912 Central Ave NE REQUEST: Conditional Use Permit Hogeboom passed out a memo regarding the Commission’s role when considering a Conditional Use Permit. He reviewed the contents of the memo and what the Zoning Code allows and the process on how amendments to the code are made. Szurek stated she thinks it is important for members to go out and review the sites prior to the meetings so they have a better understanding of what the request entails. Hogeboom clarified that members can view the sites, but they shouldn’t speak to the applicant or neighbors prior to the Public Hearing, which is the correct venue to hold any discussions regarding a case. Holmbeck explained that 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. Planning & Zoning Minutes Page 2 June 2, 2015 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. FINDINGS OF FACT 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: 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. 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. 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. 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. 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. The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. 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 proposed use is not anticipated to create traffic issues as the shop will only service a few cars at a time. Planning & Zoning Minutes Page 3 June 2, 2015 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. The use complies with all other applicable regulations for the district in which it is located. This is correct. Questions/Comments from Members: Buesgens asked if the Conditional Use Permit would continue no matter who owns the property if it is approved. Holmbeck responded that it would remain with the property and that any future owners would have to follow the same conditions. Szurek pointed out that the intended business is not minor auto repair, but in fact auto repair and auto body work which would require a paint booth, etc. Hoium wanted to know why this is a conditional use rather than a permitted use. Hogeboom explained it is due to the definitions and parameters established in the Zoning Code. He then explained that there are a number of non-conforming houses used as businesses along Central Avenue. He said the Commission may want to re-look at this to allow the properties to be used as intended (as a residence) rather than converting the use of a commercial one, which is sometimes hard to accomplish. Hoium then asked what the surrounding property uses are adjacent to this site. Holmbeck stated that NE Auto Body is directly to the north of this site, American Family Insurance Office to the south, and residential homes to the rear or west side of this property. Szurek asked how the City enforces the fact that no one should be living in the house or that there are property maintenance issues on the site. Hogeboom explained that normally the City would have to take the residents to court as a violation of the Zoning Code if the house is occupied. He stated that it could be added to the list of conditions of the CUP so the permission to operate the business could be revoked if they didn’t comply with the conditions. Szurek then asked what the setback from the alley is for the CBD District. Holmbeck responded that the required setback is 10 feet and this garage is proposed to be 13.9 feet back from the alley. Szurek stated that is not much room for parking cars, especially during the winter months. She is concerned about how they will handle snow removal. She stated that the size of the new garage will bring it almost up to the back of the house and that there will be a problem with the electrical lines due to the elevation/grade difference on the site itself. Jay Shahidi from Decorative Construction stated that the proposed drawing in the packet is not necessarily the actual plan, that it may be changed somewhat, but he is aware that there must be a 6 foot separation between the house and garage. Szurek felt it should have been an accurate depiction before it came to the commission. Szurek said this business would face the alley and would have a detrimental effect on the residential neighbors behind this site. Most of the other businesses along this block face to the front. Planning & Zoning Minutes Page 4 June 2, 2015 Jay Shahidi was asked how they plan to deal with the automotive fluids that will be part of this business. He told members that they will store the fluids according to State Guidelines and will contract with a service to come and haul the fluids away. Buesgens asked if the owners are aware that there are more than 20 other automotive repair businesses in Columbia Heights and that there is a lot of competition. Shahidi stated they think they can do autowork cheaper than other businesses as they will have lower overhead and no employees. Buesgens stated she thinks this is too much building on too small of a site and as it abuts residential properties, would have a negative impact on the area. She felt there is not enough parking available for this type of business. Lee stated that residents behind this property bought their homes knowing they abutted commercial property so they have to expect some inconvenience. She also felt that the applicant bought a commercial property and he should be allowed to use it as such. Hogeboom agreed they have the right to operate an Auto Body Shop and the City has a right to establish some conditions that makes it less of an impact to the area. Hogeboom stated there are a number of conditions that could be considered such as: Not allowing anyone to live in the existing house if the CUP is granted; or Require that the current house be removed as it is very limited on the type of business use that can occur there. That the new building be constructed on the front side of the lot adjacent to Central Ave. That primary access shall be maintained from the front per approval by MN DOT. That landscaping/vegetation 6 feet in height be established on the west/alley side of the site. That no work shall take place between the hours of 10 pm and 7 am. Applicant shall come to the Planning & Zoning for Site Plan approval. The building and site shall meet all requirements found in the Zoning Code, Fire Code, and the Building Code. All other applicable local, state, and federal requirements shall be met at all times. Buesgens asked about whether they had enough financing to finish the project in a timely manner. Mr. Shahidi said they had enough to construct the proposed garage, but he would have to talk to them about the new plan to demolish the house and construct a new building off Central Avenue if they could get MN DOT approval. Hogeboom said he will refer them to “Open for Business” program so they can check into additional financing and decide on the best option for them. Buesgens stated she is most concerned about the aesthetics of the site as it is across from the new Library being built. She wants to make sure that the design of a new building and landscaping meet the Design Guidelines. Hogeboom stated that would all be considered during the Site Plan Review Process. Planning & Zoning Minutes Page 5 June 2, 2015 Several other options were also discussed: The owner would like to construct the garage now, then fix up the house and use the lower level for office and put an apartment upstairs. An apartment cannot be added without gutting the interior and the upstairs may not be large enough for an apartment. Access to both would also have to be addressed. Can they fix up the house and rent it out for a business use. Yes, they can, but it would be very limited as to what type of business could actually use it since the bathroom is upstairs and it doesn’t meet handicap accessibility requirements. They could demo the existing house and build a new building closer to Central Ave that would have commercial use on the main floor with apartments above it. According to the existing Code, the only way residential use is allowed is if it is above a commercial business. Public Hearing Opened Steven Sanchez, 3923 Van Buren Street just bought his house 3 years ago. He stated that there are people living in the subject property presently even though that is a violation of the Zoning Code. He doesn’t believe this property is large enough to sustain this type of business. He sees all the other auto body shops in town and all the vehicles parked near them. He is not excited about a noisy business with tow trucks coming and going wrecking the brand new alley they are in the process of re-paving. He doesn’t feel it is the best use of this property. Jill Sanchez stated she is concerned with the number of cars and lack of parking as well as no room for snow removal. She also doesn’t think it makes sense to have the same type of business next door to each other. Catherine Vesley from the Citizen Design Committee for the Library stated they have spent a lot of time on the design of the new Library building hoping to improve the City’s image along Central Avenue. She stated she has nothing against Auto Body Shops and also understands the constraints that the Planning & Zoning Commission must operate under according to law. She hopes whatever is done on this site will complement the new Library. Vesley said it is the City’s responsibility to tweak the codes and ordinances to accomplish this. Todd Carpenter the owner of NE Auto Body next door to this site said he currently has two 50 foot lots and he doesn’t have enough room. He stated that he had the opportunity over the years to purchase this property on several occasions but said it is basically unusable property due to the elevations. He thinks the owners will have a difficult time since this site is only 47 feet wide so there is little room for parking vehicles, and access by parts trucks will be nearly impossible. Mr. Manuel Criollo used a translator to tell the Commission that he just wants to be an honest businessman who does mechanic work in order to provide for his family. He wants to start with the garage in back and eventually do something up front as finances allow. Planning & Zoning Minutes Page 6 June 2, 2015 Hogeboom reviewed the list of suggested conditions with the owner and asked him if they would be a problem. Hogeboom asked Mr. Criollo if he intended on living in the house when he bought it. Criollo told the members that he bought it for the intent of running his business there. He was forced to move into the house approximately three weeks ago because where he had been living was illegal and they were forced to leave. He is currently looking for an apartment to move into as soon as he can. Hogeboom asked him when he would like to open his business. Criollo said it depended on what was approved. Hogeboom asked him if he was aware of the “Open for Business” program. Hogeboom suggested that he could meet with them and find out if additional funding could be obtained to help him accomplish his goal. Lee asked the owner if he was aware that he could build a new building for commercial use on the main floor and have apartments above. He said that would be nice but he doesn’t have enough funding for that. She then asked him if it was re-zoned so he could use it as a residence instead, would he consider that option. He said he needs a place to run his business from and he couldn’t do that if this was re-zoned to residential. Hogeboom said the Commission could approve the CUP with conditions and if they choose not to pursue it with the noted conditions, nothing would be lost. He also told members that staff will work with the applicant to see what it is he really wants to do taking into consideration all that was discussed at this meeting. Criollo said he just wants to start up his auto repair business in the garage as soon as possible. He didn’t think it would be so complicated. He said if he doesn’t get funding help and can’t just construct the new garage as requested, he will have to sell the property. Hoium asked if there is a minimum parking requirement for this type of business. Holmbeck said there was but she doesn’t have the zoning code with her so she can’t look it up. Hoium stated that requirement is important since the plan submitted may not meet that. Staff then recommended tabling this request in order to assist the applicant with scheduling a meeting with the “Open for Business” representative and to see what it is he wants to do based on the additional information. Public Hearing Closed. Motion by Hoium, seconded by Buesgens to table this matter for further information. All ayes. MOTION PASSED. Planning & Zoning Minutes Page 7 June 2, 2015 CASE NUMBER: 2015-0602 APPLICANT: Renaissance Fireworks LOCATION: 4005 Central Avenue REQUEST: Interim Use Permit for Seasonal Fireworks Sales 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. 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: 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. 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. Planning & Zoning Page 8 June 2, 2015 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. 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. 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. 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. 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. Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined in the report. Questions/comm ents from Members: There were no questions. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Buesgens, seconded by Lee, to waive the reading of Resolution No. 2015-PZ01, there being ample copies available to the public. All ayes. MOTION PASSED. Planning & Zoning Minutes Page 9 June 2, 2015 Motion by Buesgens, seconded by Lee, 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: The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. 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 The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. Fireworks tents located within the public right-of-way are prohibited. All goods shall be displayed on a designated impervious surface area. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. All ayes. MOTION PASSED. RESOLUTION NO. 2015-PZ01 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 by the 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 Planning & Zoning Minutes Page 10 June 2, 2015 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: 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. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The use will not impose hazards or disturbing influences on neighboring properties. 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. 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 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: The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. 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 The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. Fireworks tents located within the public right-of-way are prohibited. All goods shall be displayed on a designated impervious surface area. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 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: Buesgens Seconded by: Lee Roll Call: All ayes Planning & Zoning Minutes Page 11 June 2, 2015 CASE NUMBER: 2015-0603 APPLICANT: Renaissance Fireworks LOCATION: 4300 Central Avenue REQUEST: Interim Use Permit for Seasonal Fireworks Sales 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 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 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. 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: 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. 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. 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. Planning & Zoning Minutes Page 12 June 2, 2015 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. 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. 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. 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. Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined below. Questions/comments from Members: There were no questions. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Hoium, seconded by Buesgens, to waive the reading of Resolution No. 2015-PZ02, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Hoium, seconded by Buesgens, 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: Planning & Zoning Minutes Page 13 June 2, 2015 The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. 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 The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. Fireworks tents located within the public right-of-way are prohibited. All goods shall be displayed on a designated impervious surface area. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. All ayes. MOTION PASSED. 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 by the 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: 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. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The use will not impose hazards or disturbing influences on neighboring properties. 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. Planning & Zoning Minutes Page 14 June 2, 2015 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 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 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: 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 The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. Fireworks tents located within the public right-of-way are prohibited. All goods shall be displayed on a designated impervious surface area. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 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: Hoium Seconded by: Buesgens Roll Call: All ayes OTHER BUSINESS Holmbeck told members they will be notified about training that will be scheduled sometime in July. The meeting was adjourned at 8:55 pm. Respectfully submitted, Shelley Hanson Secretary