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HomeMy WebLinkAbout20190507_Planning_Minutes MINUTES OF PLANNING COMMISSION MAY 7, 2019 6:00 PM The meeting was called to order at 6:04 pm by Vice Chair Hoium. Commission Members present- Novitsky, Hoium, Schill, Sahnow, and (Fiorendino arrived late) Members Absent: Kaiser and Szurek Also present were Elizabeth Hammond (Planner), Shelley Hanson (Secretary), and John Murzyn (Council Liaison). RE-APPOINTMENT AND SWEARING IN OF COMMISSIONER Stan Hoium was sworn in for another four year term, prior to the start of the meeting. APPROVAL OF MINUTES Motion by Schill, seconded by Novitsky, to approve the minutes from the meeting of February 5, 2019. All ayes. MOTION PASSED. CASE #: 2019-0501 APPLICANT: Renaissance Fireworks LOCATION: 4005 Central Avenue NE REQUEST: Interim Use Permit Hammond 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: Planning Commission Minutes Page 2 May 7, 2019 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. 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 how many years they have been located at this site. The applicant told members he has been at this location for 14 years, and that they have between 25-50 locations in various cities each year. Schill asked if anything was different this year and the answer was no. Hammond told the applicant and members that the City has a new Building Official and he is requiring a Building Permit this year for the temporary structure. Sahnow questioned the use of flame breaks on the tables that is noted in the application. The applicant stated these are used to prevent flames from jumping to other merchandise should an event occur. Planning Minutes Page 3 May 7, 2019 Public Hearing Opened: No one wished to speak on this issue. Motion by Schill, seconded by Sahnow to close the Public Hearing. All ayes. MOTION PASSED. Motion by Sahnow, seconded by Schill, to waive the reading of Resolution No. 2019-PZ01, there being ample copies available to the public. All ayes. MOTION CARRIED. Motion by Sahnow, seconded by Schill, to adopt Resolution No. 2019-PZ01, being a Resolution approving an Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 17, 2019 to July 12, 2019, 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 applicant must obtain a Building Permit from the Building Official, and a site inspection must be conducted prior to operation. The applicant must contact the Community Development Department to obtain the Permit and schedule an inspection prior to any sales occurring on the property. 3.The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 4.The fireworks tent shall be accessory to a commercial use. 5.Fireworks tents located within the public right-of-way are prohibited. 6.All goods shall be displayed on a designated impervious surface area. 7.All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 8.Music or amplified sounds shall not be audible from adjacent residential properties. 9.The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 10.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. 11.Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 32 square feet. 12.Fireworks tents may be allowed for a maximum of 90 days per calendar year. 13.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. Planning Minutes Page 4 May 7, 2019 RESOLUTION NO. 2019-PZ01 A resolution of the Planning Commission for the City of Columbia Heights, Minnesota, WHEREAS, a proposal (Case # 2019-0501) 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 May 7, 2019; 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 applicant must obtain a Building Permit from the Building Official, and a site inspection must be conducted prior to operation. The applicant must contact the Community Development Department to obtain the Permit and schedule an inspection prior to any sales occurring on the property. Planning Minutes Page 5 May 7, 2019 3. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 4. The fireworks tent shall be accessory to a commercial use. 5. Fireworks tents located within the public right-of-way are prohibited. 6. All goods shall be displayed on a designated impervious surface area. 7. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 8. Music or amplified sounds shall not be audible from adjacent residential properties. 9. The fireworks tent shall not reduce the amount of off-street parking provided one-site below the level required for the principal use. 10. 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. 11. Signage shall be limited to two professionally made signs, with a combined square footage not exceeding 32 square feet. 12. Fireworks tents may be allowed for a maximum of 90 days per calendar year. 13. 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. ORDER OF PLANNING COMMISSION th Passed this 7 day of May, 2019. Offered by: Sahnow Seconded by: Schill Roll Call: All ayes Vice Chair-Stan Hoium Attest: Shelley Hanson, Secretary OTHER BUSINESS Hammond stated that staff has discussed possibly handling this type of Interim Use Permit administratively through the permitting process rather than requiring approval from the Planning Commission. She will keep them informed regarding the final decision. Motion by Sahnow, seconded by Novitsky to adjourn the meeting at 6:12 pm. Respectfully submitted, Shelley Hanson Secretary