Loading...
HomeMy WebLinkAbout20180403_Planning_Minutes MINUTES OF PLANNING COMMISSION APRIL 3, 2018 6:00 PM The meeting was called to order at 6:00 pm by Elizabeth Holmbeck, City Planner. The following members were sworn in: Rob Fiorendino (re-appointment), and new member Eric Sahnow. Commission Members present- Novitsky, Fiorendino, Hoium, Schill, Szurek, and Sahnow, Also present were Elizabeth Holmbeck (Planner), Shelley Hanson (Secretary), Jodi Griffin (staff), and John Murzyn (Council Liaison). ELECTION OF OFFICERS : Chairperson: Fiorendino nominated Szurek for Chair. There were no other nominations. Roll Call: all ayes. Chair Szurek then took over the meeting and continued with the elections. Vice Chair: Szurek nominated Fiorendino for Vice Chair. There were no other nominations. Roll Call: all ayes. Secretary/Treasurer: Szurek nominated Hoium for Secretary/Treasurer. There were no other nominations Roll Call: all ayes. APPROVAL OF MINUTES Motion by Fiorendino, seconded by Schill, to approve the minutes from the meeting of February 7, 2018. All ayes. MOTION PASSED. PUBLIC HEARING CASE #: 2018-0401 APPLICANT: City of Columbia Heights LOCATION: 3939 Central Ave NE REQUEST: Conditional Use Permit Tabled by Applicant CASE #: 2018-0402 APPLICANT: City of Columbia Heights LOCATION: 3939 Central Avenue NE REQUEST: Variance Tabled by Applicant Motion by Fiorendino, seconded by Schill to table the requests for Cases 2018-0401 and 2018-0402 until May 1, 2018. All ayes. MOTION PASSED. Planning Minutes Page 2 April 3, 2018 CASE #: 2018-0403 APPLICANT: Renaissance Fireworks LOCATION: 4005 Central Avenue NE REQUEST: Interim Use Permit Holmbeck explained that Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a seasonal fireworks sales 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. The attached property and tent location map 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. The applicant must schedule the inspection with the Fire Department before sales can occur on the property. ZONING ORDINANCE The property located at 4005 Central Avenue is located in the 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. Seasonal Fireworks Sales is allowed as Interim Use in the Central Business Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use. The proposal for seasonal fireworks sales is consistent with the intent of the City’s Comprehensive Plan. 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 specifically listed as an Interim Use in the 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. 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 hazardous or disturbing influence on neighboring properties because of its proximity to Central Avenue and because it’s shielded from adjacent residential uses by the surrounding commercial buildings. 4.The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent shouldn’t diminish the use of the adjacent properties. Planning Minutes Page 3 April 3, 2018 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 inspection prior to any temporary sales. All State and City requirements regarding fireworks sales will be achieved. 6.Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7.The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity, which are all zoned commercial. Staff recommends that the Planning Commission approve the Interim Use Permit to allow the operation of a seasonal fireworks sales tent at 4005 Central Avenue, subject to conditions of approval outlined below. Questions by members: Hoium asked if they are required to carry insurance in order to place their tents within the city limits. Holmbeck said the City doesn’t have a requirement as part of the Interim Use Permit. She said the Fire Dept. does the review of the application, and does an inspection of the site to ensure all fire code issues are met. The applicant was in the audience and told members that they carry 2 million dollar limited liability coverage on each site. Fiorendino asked if there were any other changes. Holmbeck said no, it is the same as the last several years. Public Hearing Opened: No one wished to speak on this issue. Public Hearing Closed Planning Minutes Page 4 April 3, 2018 Motion by Fiorendino, seconded by Schill, to waive the reading of Resolution No. 2018-PZ02, there being ample copies available to the public. All ayes. MOTION CARRIED. Motion by Fiorendino, seconded by Schill, to adopt Resolution No. 2018-PZ02, being a Resolution approving an Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 15, 2018 to July 12, 2018, 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 Fire Department prior to operation. The applicant must contact the Fire Department to set up an inspection prior to any sales occurring on the property. 2.The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3.The fireworks tent shall be accessory to a commercial use. 4.Fireworks tents located within the public right-of-way are prohibited. 5.All goods shall be displayed on a designated impervious surface area. 6.All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 7.Music or amplified sounds shall not be audible from adjacent residential properties. 8.The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 9.An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 10.Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 32 square feet. 11.Fireworks tents may be allowed for a maximum of 90 days per calendar year. 12.The tent must be anchored to withstand 90MPH/3Second wind gusts. Any electrical use will need a permit and is required to be inspected by the State Electrical Inspector. All ayes. MOTION PASSED. RESOLUTION NO. 2018-PZ02 A resolution of the Planning Commission for the City of Columbia Heights, Minnesota, WHEREAS, a proposal (Case # 2018-0403) has been submitted by Renaissance Fireworks to the Planning Commission requesting an Interim Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4005 Central Avenue NE., Columbia Heights, MN 55421 LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING: An Interim Use Permit to allow for the operation of a seasonal fireworks sales tent on the subject property. WHEREAS, the Planning Commission has held a public hearing as required by the City of Columbia Height’s Zoning Code on April 3, 2018; Planning Minutes Page 5 April 3, 2018 WHEREAS, the Planning Commission has considered the advice and recommendations of City staff regarding the effect of the proposed Interim Use 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, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the Planning Commission of the City of Columbia Heights makes the following: FINDINGS OF FACT 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 (1) calendar year after the approval date, subject to petition for renewal of the permit. Further, the 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: CONDITIONS 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Fire Department prior to operation. The applicant must contact the Fire Department to set up an inspection prior to any sales occurring on the property. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. The fireworks tent shall be accessory to a commercial use. 4. Fireworks tents located within the public right-of-way are prohibited. 5. All goods shall be displayed on a designated impervious surface area. 6. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 7. Music or amplified sounds shall not be audible from adjacent residential properties. 8. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 9. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 10. Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 32 square feet. 11. Fireworks tents may be allowed for a maximum of 90 days per calendar year. 12. The tent must be anchored to withstand 90MPH/3Second wind gusts. Any electrical use will need a permit and is required to be inspected by the State Electrical Inspector. Planning Minutes Page 6 April 3, 2018 ORDER OF PLANNING COMMISSION rd Passed this 3 day of April, 2018. Offered by: Fiorendino Seconded by: Schill Roll Call: All ayes Chair Attest: Shelley Hanson, Secretary OTHER BUSINESS A. Planning Commission By-Law Changes Holmbeck shared Ordinance #1645 with members that addressed the latest changes to the By-Laws of the Planning Commission. The Ordinance was approved by the City Council at the February 12, 2018 meeting. Holmbeck stated that the main change was to add two members to the Commission and to change the start time of the meetings from7:00 pm to 6 p.m. A copy was included in the agenda packets. B. Memo to Planning Commission regarding Training Options Jodi Griffin reviewed the memo that was enclosed in the agenda packets regarding training options available to members of the Commission. She explained that Option #1 is a free online training done through the League of MN Cities. Most of the current members and staff have taken this training. She stated that it takes about 45 minutes to complete and it can be done at the member’s leisure. She went on to explain that Option #2 would be a staff led training session that would be presented as a round table discussion with the City Council and the EDA members also present that would be scheduled at the end of May and would take about 2 hours. Szurek thought the joint training session sounded like a good idea if the City Council and EDA members are open to it. That way it would help the new members get acquainted with the roles of the EDA and City Council. She also thought the new members should take the online training which is helpful and explains the role and limitations of being a Planning Commission member. Planning Minutes Page 7 April 3, 2018 C. Comprehensive Plan Update Holmbeck told members that we have moved into Phase Three of the Comprehensive Plan Process. The th draft should be completed by April 13 and then 3 Open Houses will be held at the Library for final thndth comments. These are scheduled for April 19, May 2 and May 4. Major changes of the new plan will be emphasized on Posters for each Chapter and be on display at the open houses. The draft will also be available on the City’s website. After comments are received, a second draft will be assembled for approval and then it will be sent to surrounding communities for review and comment. At the end of the 6 month review period, the City can formally adopt the Plan. Szurek asked what the deadline is to submit the Plan to the Met Council. Holmbeck said it must be submitted by the end of the year and they are on schedule to do so. The meeting was adjourned at 6:25 pm. Respectfully submitted, Shelley Hanson Secretary