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HomeMy WebLinkAbout2017-116RESOLUTION NO. 2017 -116 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for assembly, manufacturing, and /or processing on the property located at 230127 1h PI. Ne., Columbia Heights, MN 55421. Whereas, a proposal (Case # 2017 -1101) has been submitted by Gammada Urgessa on behalf of Akaku's Brew to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: (PIN 36- 30- 24- 44- 0012), known as 2301 27th PI. Ne., Columbia Heights, MN 55421. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.110 (E) (3) (1), to allow for assembly, manufacturing, and /or processing on the property located at 230127 th Pl. Ne., Columbia Heights, MN 55421. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 8th, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Conditional Use Permit 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; Now, therefore, be it resolved, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: 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: (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. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. (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. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (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. City of Columbia Heights - Council Resolution Page 2 (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. (i) The use complies with all other applicable regulations for the district in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use 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. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All required state, county and local codes shall be met and in full compliance. 2. The applicant must obtain necessary approvals from the Metropolitan Council (Sewer Accessibility Charge), the State of Minnesota Department of Agriculture and /or Minnesota Department of Health and /or Anoka County Health Department. The applicant will submit a copy of all necessary permits and allowances, prior to operation on the subject property. 3. All storage of waste material shall be located and screened in a manner consistent with the Zoning Ordinance. The applicant will submit a plan to the City Planner which shows how the trash receptacles will be screened. 4. The interior finish work is to be completed with review by the City's Building Official and if required, permits must be submitted to the Building Inspections Department. 5. If the tenant ever wishes to expand within the building, plans must be submitted to the Building Official for review and compliance with Building and Fire Code. Currently the applicant is proposing to occupy 1,500 sq. ft. of space in the building (commercial strip center). Occupying over 2,000 sq. ft. of space within the building would require a fire suppression system to be installed in the entire building. 6. All signage is issued administratively. Any signage for the business must be submitted to the Community Development Department to be reviewed and approved by the City Planner. 7. All production operations shall be within a completely enclosed structure (within the tenant space as outlined on the attached site plan). 8. By- products and waste from the production of the wine shall be properly disposed in an enclosed container. 9. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six (6) feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 10. No retail sales or sampling of any alcoholic beverage shall take place on the premise (tenant space). 11. Deliveries shall be limited to occur between the hours of 8:00 AM -8:00 PM, Monday- Saturday, and 10:00 AM -6:00 PM on Sunday. 12. If the nature of the assembly, manufacturing, and /or processing use changes (currently wine production), the property owner shall apply to have the Conditional Use Permit amended. City of Columbia Heights - Council Resolution Passed this 13 th day of November, 2017. Offered by: Buesgens Seconded by: Williams Roll Call: All Ayes Donna Schmitt, Mayor Katie Bruno, City Clerk/Council Secretary Page 3