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HomeMy WebLinkAbout05-07-19 Planning Commission Packet Planning Commission Meeting May 7, 2019 6:00pm Columbia Heights City Hall 590 40th Avenue NE Columbia Heights, MN 55421 1. Call to order and Swearing in of re-appointed Planning Commissioner a. Stan Hoium 2. Roll Call 3. Approval of February 5, 2019, Planning Commission Meeting Minutes 4. Public Hearing a. Case # 2019-0501, Interim Use Permit (Renaissance Fireworks) Location: 4005 Central Avenue NE, Columbia Heights, MN 55421 Applicant: Renaissance Fireworks 5. Other Business 6. Adjourn OATH OF OFFICE STATE OF MINNESOTA) ss. City of Columbia Heights) I, Stan Hoium, do solemnly swear that I will support the Constitution of the United States, and of the State of Minnesota, and discharge faithfully the duties devolving upon me as a Planning Commission member of the City of Columbia Heights, to the best of my judgment and ability. _________________________________ Subscribed and sworn before me this 7th day of May, 2019. ________________________________ (Seal) My commission term expires______, A.D. ______. 020519_Planning_Minutes MINUTES OF PLANNING COMMISSION FEBRUARY 5, 2019 6:00 PM The meeting was called to order at 6:00 pm by Elizabeth Hammond. Commission Members present: Sahnow, Novitsky, Fiorendino, Hoium, Kaiser, and Szurek. Members absent: Schill Also present were Elizabeth Hammond (Planner), Shelley Hanson (Secretary), and John Murzyn (Council Liaison). ELECTION OF OFFICERS Fiorendino nominated Szurek for Chair. There were no other nominations. Szurek nominated Fiorendino for Vice Chair. There were no other nominations. Kaiser nominated Hoium for Secretary/Treasurer. There were no other nominations. Motion by Fiorendino , seconded by Kaiser , to elect Szurek Chairperson. All ayes. MOTION PASSED. Motion by Szurek, seconded by Novitsky, to elect Fiorendino Vice Chairperson. All ayes. MOTION PASSED. Motion by Kaiser, seconded by Novitsky, to elect Hoium Secretary/Treasurer. All ayes. MOTION PASSED. The meeting resumed under the leadership of Chairperson Szurek. APPROVAL OF MINUTES Motion by Hoium, seconded by Fiorendino, to approve the minutes from the meeting of December 4, 2018. All ayes. MOTION PASSED. PUBLIC HEARING CASE NO: 2019-0201 APPLICANT: CITY OF COLUMBIA HEIGHTS LOCATION: N/A REQUEST: ZONING TEXT AMENDMENT-Ordinance No. 1653, amending City Code of 2005, relating to Community Centers, Banquet Halls, and Recreational Facilities within the City of Columbia Heights. Hammond told members that under the direction of the City Council, staff proposes to add two definitions to the Zoning Ordinance, defining Banquet Halls and Recreational Facilities. Currently these uses are called out in the Zoning Ordinance as permitted uses; however, they are not defined. In addition, Specific Development Standards are proposed to be added, which would guide the operation of Banquet Halls. Community Centers and Recreational Facilities already have Specific Development Requirements called out in the City’s Zoning Ordinance. Planning Commission Minutes Page 2 Feb. 5, 2019 Finally, staff has proposed to remove Community Centers, Recreational Facilities, and Banquet Halls as permitted uses in the General Business and Central Business Zoning District. These uses would be changed to conditional uses (which would still be allowed) in both the General Business and Central Business Zoning District. If approved, a Conditional Use Permit (CUP) would be required to be obtained from the City, prior to operation. These uses are proposed to be changed to conditional uses, due to the nature and potential impacts on surrounding property. Staff has reviewed Ordinance No. 1653, with the City Council at the January work session meeting, and the City Council requested that staff bring this ordinance for consideration to the Planning Commission. Attached is the ordinance, which shows how it currently reads, and outlines the proposed changes. If the Planning Commission recommends that the City Council approve the ordinance as presented, it will go before the council for two readings in February. FINDINGS OF FACT The City Council shall make each of the following findings before granting approval of a request to amend the Zoning Ordinance. (a) The amendment is consistent with the comprehensive plan. This is correct. Appropriately defining uses which are allowed in various zoning districts throughout the City, and providing specific standards for those uses, assists staff when interpreting the Zoning Ordinance. Requiring a Conditional Use Permit for uses which could potentially impact surrounding properties is consistent wit h the Comprehensive Plan. (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. This is correct. (c) Where the amendment is to change the zoning classification of a particular property, the existin g use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. N/A (d) Where the amendment is to change the zoning classification of a particula r property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. N/A Hammond reviewed the recommended changes made in Ordinance 1653. The changes were detailed in the draft provided in the agenda packets. Staff recommends that the Planning Commission recommend approval of Ordinance No. 1653, being an ordinance amending City Code of 2005, relating to commu nity centers, banquet halls, and recreational facilities (indoor and outdoor) within the City of Columbia Heights. Planning Commission Minutes Page 3 Feb 5, 2019 Questions/comments from members: Hammond was asked if this change will affect existing facilities. She said the current facilities will be allowed to operate without CUP approval unless there are constant problems that can’t be resolved. Then the City could implement a CUP process where conditions would be established. Fiorendino asked if the use of a facility changes, or if it is remodeled, would that trigger a need for a CUP. Hammond said if the change warranted an approval from the Planning Commission or City Council, then yes, it would trigger the need for a CUP to operate. Sahnow asked if the changes made to the General Business permitted uses affected other changes to the City Code. Hammond stated it did not. Sahnow then asked about Section 2 (F). “Music or amplified sounds shall not be audible from adjacent residential uses”. He asked how that was determined or measured. Hammond said that the Police Dept. currently enforces our noise ordinance, so she assumed it would be measured by their decibel device and enforced at their discretion. She told members that language can be ad ded before this goes to the City Council to further define this if the members chose to do so. Szurek said this could be addressed as a condition of the CUP for any future facilities during the approval process. Sahnow still thought it should be better defined since the Zoning Code doesn’t have any language addressing this. The other members agreed. The members concurred that (F) should read as follows: “Music or amplified sounds shall not be audible from adjacent residential uses and must meet the requirements of the existing noise ordinance to ensure consistent enforcement by our Police Dept.” Hoium asked if this would affect businesses such as Planet Fitness or any future health clubs, or fitness centers. Hammond said they would be included in thi s change. Public Hearing was Opened. There was no one to speak on this issue. Public Hearing was Closed. Motion by Hoium, seconded by Fiorendino , to waive the reading of Ordinance No. 1653, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Hoium, seconded by Fiorendino, to recommend that the City Council approve Ordinance No. 1653, as presented, noting the language change to Section 2 (F) as indicated above . All ayes. MOTION PASSED. The following Ordinance will go to the City Council February 11, 2019. Planning Commission Minutes Page 4 Feb 5, 2019 ORDINANCE NO. 1653 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO COMMUNITY CENTERS, BANQUET HALLS, AND RECREATIONAL FACILITIES (INDOOR AND OUTDOOR) WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1 9.103 City Code of 2005, is amended to add the following definitions, and shall hereafter read as follows, to wit: Banquet Hall. A building for the purpose of hosting a party, banquet, wedding, reception or other social events. Recreational Facility (Indoor and Outdoor). Clubhouses, swimming pools, tennis courts, trails and similar facilities used by the general public for exercise, sports, or entertainment. Section 2 9.107 (C) City Code of 2005, is amended to add the following Specific Development Standard, and shall hereafter read as follows, to wit: Banquet Hall. (a) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (b) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the community. (c) The facility shall meet all applicable building and fire codes and be licensed as required, by the State of Minnesota or Anoka County. (d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. (e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. (f) Music or amplified sounds shall not be audible from adjacent residential uses , and must meet the requirements of the existing noise ordinance to ensure consistent enforcement by our Police Dept. Section 3 9.110 (E ) (2) of City Code as it currently reads is amended as follows: (E) GB, General Business District. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted w ithin the GB, General Business District: (a) Community center. (b) Government office. (c) Government protective service facility. (d) Public park and/or playground. (e) Recreational facility, indoor. (f) Recreational facility, outdoor. (g) School, vocational or business. (h) School, performing/visual/martial arts. (i) Auditorium/place of assembly. (j) Automobile convenience facility. (k) Automobile and motorcycle repair, minor. (l) Banquet hall. (m) Billiards hall. (n) Bowling alley. (o) Car wash. (p) Clinic, medical or dental. (q) Clinic, veterinary. (r) Day care facility, adult or child. (s) Financial institution. (t) Food service, convenience (fast food). (u) Food service, limited (coffee shop/deli). (v) Food service, full service (restaurant/nightclub). (w) Funeral home. (x) Greenhouse/garden center. (y) Health or fitness club. (z) Hotel/motel. (aa) Laboratory, medical. (bb) Liquor store, off-sale. (cc) Museum or gallery. (dd) Office. (ee) Retail sales. (ff) Service, professional. (gg) Shopping center. (hh) Studio, professional. (ii) Studio, radio and television. (jj) Theater, live performance. (kk) Theater, movie. (ll) Motor vehicle parts store. (mm) Brewer taproom, not exceeding 3,500 barrels of malt liquor a year. (nn) Brew pub. 9.110 (E ) (2) and (3) of City Code is hereby amended to read as follows: (E) GB, General Business District. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a) Government office. (b) Government protective service facility. (c) Public park and/or playground (d) School, vocational or business. (e) School, performing/visual/martial arts. (f) Auditorium/place of assembly. (g) Automobile convenience facility. (h) Automobile and motorcycle repair, minor. (i) Billiards hall. (j) Bowling alley. (k) Car wash. (l) Clinic, medical or dental. (m) Clinic, veterinary. (n) Day care facility, adult or child. (o) Financial institution. (p) Food service, convenience (fast food). (q) Food service, limited (coffee shop/deli). (r) Food service, full service (restaurant/nightclub). (s) Funeral home. (t) Greenhouse/garden center. (u) Health or fitness club. (v) Hotel/motel. (w) Laboratory, medical. (x) Liquor store, off-sale. (y) Museum or gallery. (z) Office. (aa) Retail sales. (bb) Service, professional. (cc) Shopping center. (dd) Studio, professional. (ee) Studio, radio and television. (ff) Theater, live performance. (gg) Theater, movie. (hh) Motor vehicle parts store. (ii) Brewer taproom, not exceeding 3,500 barrels of malt liquor a year. (jj) Brew pub. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Community Center. (b) Recreational Facility (Indoor and Outdoor). (c) Banquet Hall. (d) Government maintenance facility. (e) Arcade. (f) Automobile and motorcycle sales/rental, new. (g) Automobile and motorcycle sales, used (in building). (h) Recreational vehicle sales, new. (i) Recreational vehicle sales, used (in building). (j) Firearms dealer/shooting range. (k) Hospital. (l) Outdoor sales or display. (m) Outdoor storage. (n) Parking ramp. (o) Assembly, manufacturing and/or processing. (p) Printing and/or publishing. (q) Consignment/secondhand store. (r) Club or lodge. (s) Currency exchange. (t) Pawnshop. (u) Drop-in facility. (v) Fences greater than six feet in height. (w) Animal kennel and/or shelter. (x) Precious metal dealerships. Section 4 9.110 (F) (2) of City Code as it currently reads i s amended as follows: (F) CBD, Central Business District. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: (a) Multiple-family residential, when located above a first floor commercial use. (b) Community center. (c) Government offices. (d) Government protective services facility. (e) Public parks and/or playgrounds. (f) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) School, vocational or business. (i) School, performing/visual/martial arts. (j) Auditorium/place of assembly. (k) Banquet hall. (l) Billiards hall. (m) Bowling alley. (n) Clinic, medical or dental. (o) Clinic, veterinary. (p) Licensed day care facility, adult or child. (q) Financial institution. (r) Food service, convenience (fast food). (s) Food service, limited (coffee shop/deli). (t) Food service, full service (restaurant/nightclub). (u) Health or fitness center. (v) Hotel or motel. (w) Laboratory, medical. (x) Liquor store, off-sale. (y) Museum or gallery. (z) Office. (aa) Retail sales. (bb) Service, professional. (cc) Studio, professional. (dd) Studio, radio or televisions. (ee) Theater, live performance. (ff) Theater, movie. (gg) Brewer taproom, not exceeding 3,500 barrels of malt liquor a year. (hh) Brew pub. (3) Conditional uses. Except as specifically limited herein, the following uses may be all owed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Arcade. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Club or lodge. (f) Fences greater than six feet in height. 9.110 (E ) (2) and (3) of City Code is hereby amended to read as follows: (F) CBD, Central Business District. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: (a) Multiple-family residential, when located above a first floor commercial use. (c) Government offices. (d) Government protective services facility. (e) Public parks and/or playgrounds. (h) School, vocational or business. (i) School, performing/visual/martial arts. (j) Auditorium/place of assembly. (l) Billiards hall. (m) Bowling alley. (n) Clinic, medical or dental. (o) Clinic, veterinary. (p) Licensed day care facility, adult or child. (q) Financial institution. (r) Food service, convenience (fast food). (s) Food service, limited (coffee shop/deli). (t) Food service, full service (restaurant/nightclub). (u) Health or fitness center. (v) Hotel or motel. (w) Laboratory, medical. (x) Liquor store, off-sale. (y) Museum or gallery. (z) Office. (aa) Retail sales. (bb) Service, professional. (cc) Studio, professional. (dd) Studio, radio or televisions. (ee) Theater, live performance. (ff) Theater, movie. (gg) Brewer taproom, not exceeding 3,500 barrels of malt liquor a year. (hh) Brew pub. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Arcade. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Club or lodge. (f) Fences greater than six feet in height. (g) Community Center. (h) Recreational Facility (Indoor/Outdoor). (i) Banquet Hall. Section 5 This ordinance shall be in full force and effect from and after 30 days after its passage. CASE NO: 2019-0202 APPLICANT: CITY OF COLUMBIA HEIGHTS LOCATION: N/A REQUEST: ZONING TEXT AMENDMENT-Ordinance No. 1654, amending City Code of 2005, relating to Brewer Taprooms, and Brew Pubs within the City of Columbia Heights. Hammond stated that the City Council gave staff direction to change the definition of “Brew Pub”, which is identified in the City’s Zoning Ordinance. The proposed change would remove the barrel production limits currently called out in the definition. In addition, a Specific De velopment Standard is proposed to be added to the existing standards, which guide the operation of Brewer Taprooms and Brew Pubs. The new standard would require that the facility adheres to all building and fire codes, and that the facility is licensed as required by the State of Minnesota and Anoka County. Staff proposes to remove the barrel production limits, which are currently imposed on Brewer Taprooms. A Brewer Taproom is currently permitted in the General Business District with a limit of 3,500 bar rels of malt liquor a year. Removing this limit could make it easier for a brewery to locate and continue operating in the City. In addition, it could be difficult for staff to accurately track. Finally, Brewer Taprooms are currently permitted in the Central Business District. Staff proposes to remove Brewer Taprooms and Brew Pubs as a permitted use in the Central Business District, and change these uses to a conditional use in the Central Business District. Due to the nature of the uses, and the fact tha t the Central Business District is a relatively small area with smaller lot sizes, and adjacent to residential areas, staff proposes to require a Conditional Use Permit to mitigate any potential impacts to the surrounding area. Staff reviewed Ordinance No. 1654, with the City Council at the January work session meeting, and the City Council requested that staff bring this ordinance for consideration to the Planning Commission. Attached is the ordinance, which shows how it currently reads, and outlines the proposed changes. If the Planning Commission recommends that the City Council approve the ordinance as presented, it will go before the council for two readings in February. Planning Commission Minutes Page 10 Feb. 5, 2019 FINDINGS OF FACT The City Council shall make each of the following findings before granting approval of a request to amend the Zoning Ordinance. (a) The amendment is consistent with the comprehensive plan. This is correct. (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. This is correct. (c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. N/A (d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. N/A RECOMMENDATION Staff recommends that the Planning Commission recommend approval of Ordinance No. 1654, being an ordinance amending City Code of 2005, relating to Brewer Taprooms and Brew Pubs withi n the City of Columbia Heights. Questions or comments from members: Hoium asked what the difference was between Brew Pubs and Brewer Taprooms. Hammond responded that Brew Pubs are usually restaurants that brew and sell their beer on-sale, similar to Granite City Restaurants. Brewer Taprooms are facilities where beer is brewed and it is served or sold in growlers. Food service is not generally part of this business. Food trucks are used sometimes. Hammond explained our original ordinance limited the production to 3,500 barrels per year. Staff is recommending removal of the limits. She gave several examples of Brewer Taprooms and the amount they produced per year. Hammon d said they have an interested party who is considering a site in Columbia Heights and they would like to brew more than 5,000 barrels per year. Hammond said we can still put limits on the amount in the Central Business District with a CUP if deemed an appropriate condition. Public Hearing Opened. There was no one to speak on this issue. Public Hearing Closed. Planning Commission Minutes Page 11 February 5, 2019 Motion by Fiorendino, seconded by Kaiser, to waive the reading of Ordinance No. 1654, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino , seconded by Sahnow, to recommend that the City Council approve Ordinance No. 1654, as presented. All ayes. MOTION PASSED. The following Ordinance will go before the City Council February 11, 2019. ORDINANCE NO. 1654 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO BREWER TAPROOMS AND BREW PUBS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Section 1 9.103 City Code of 2005, as it currently reads is amended as follows: BREW PUB. A restaurant that conducts the retail of on -sale malt liquor consumed and brewed on the premise. and who manufactures less than 3,500 barrels of malt liquor a year. 9.103 City Code of 2005 is hereby amended to read as follows: BREW PUB. A restaurant that conducts the retail of on -sale malt liquor consumed and brewed on the premise. Section 2 9.107 (53) City Code of 2005, is amended to add the following Specific Development Standard, and shall hereafter read as follows to wit: Brewer Taprooms and Brew Pubs. (a) All malt liquor production shall be within a completely enclosed structure. (b) Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on ad jacent properties and from public streets. (c) In zoning districts where off -street parking is required, a transportation management plan shall be submitted to address off-street parking, bus and freight loading, and traffic control. (d) Loading areas shall not be oriented toward a public street, nor shall loading docks be located on the side of any building facing an adjacent lot that is zoned residential. Where these districts or streets abut all sides of the property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer. (e) 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 feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. (f) By-products and waste from the production of malt liquor shall be properly disposed of off the property. (g) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. (h) The facility shall meet all applicable building and fire codes, and be licensed as required, by the State of Minnesota or Anoka County. Section 3 9.110 (E) (2) City Code of 2005, as it currently reads is amended as follows: (E) GB, General Business District. (1) Purpose. The purpose of the GB General Business District is to provide appropriate locations for general retail sales, services and other commercial developments that benefit from their proximity to other commercial uses. These areas are located away from residential neighborhoods, along arterial road ways and are accessible primarily by automobile. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a) Community center. (b) Government office. (c) Government protective service facility. (d) Public park and/or playground. (e) Recreational facility, indoor. (f) Recreational facility, outdoor. (g) School, vocational or business. (h) School, performing/visual/martial arts. (i) Auditorium/place of assembly. (j) Automobile convenience facility. (k) Automobile and motorcycle repair, minor. (l) Banquet hall. (m) Billiards hall. (n) Bowling alley. (o) Car wash. (p) Clinic, medical or dental. (q) Clinic, veterinary. (r) Day care facility, adult or child. (s) Financial institution. (t) Food service, convenience (fast food). (u) Food service, limited (coffee shop/deli). (v) Food service, full service (restaurant/nightclub). (w) Funeral home. (x) Greenhouse/garden center. (y) Health or fitness club. (z) Hotel/motel. (aa) Laboratory, medical. (bb) Liquor store, off-sale. (cc) Museum or gallery. (dd) Office. (ee) Retail sales. (ff) Service, professional. (gg) Shopping center. (hh) Studio, professional. (ii) Studio, radio and television. (jj) Theater, live performance. (kk) Theater, movie. (ll) Motor vehicle parts store. (mm) Brewer taproom, not exceeding 3,500 barrels of malt liquor a year. (nn) Brew pub. 9.110 (E ) (2) City Code of 2005, is hereby amended to read as follows: (E) GB, General Business District. (1) Purpose. The purpose of the GB General Business District is to provide appropriate locations for general retail sales, services and other commercial developments that benefit from their proximity to other commercial uses. These areas are located away from residential neighborhoods, along arterial roadways and are accessible primarily by automobile. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a) Community center. (b) Government office. (c) Government protective service facility. (d) Public park and/or playground. (e) Recreational facility, indoor. (f) Recreational facility, outdoor. (g) School, vocational or business. (h) School, performing/visual/martial arts. (i) Auditorium/place of assembly. (j) Automobile convenience facility. (k) Automobile and motorcycle repair, minor. (l) Banquet hall. (m) Billiards hall. (n) Bowling alley. (o) Car wash. (p) Clinic, medical or dental. (q) Clinic, veterinary. (r) Day care facility, adult or child. (s) Financial institution. (t) Food service, convenience (fast food). (u) Food service, limited (coffee shop/deli). (v) Food service, full service (restaurant/nightclub). (w) Funeral home. (x) Greenhouse/garden center. (y) Health or fitness club. (z) Hotel/motel. (aa) Laboratory, medical. (bb) Liquor store, off-sale. (cc) Museum or gallery. (dd) Office. (ee) Retail sales. (ff) Service, professional. (gg) Shopping center. (hh) Studio, professional. (ii) Studio, radio and television. (jj) Theater, live performance. (kk) Theater, movie. (ll) Motor vehicle parts store. (mm) Brewer taproom (nn) Brew pub. Section 4 9.110 (F) (2) and (3) City Code of 2005, as it currently reads is amended as follows: (F) CBD, Central Business District. (1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed within this district when located above a first floor commercial use. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: (a) Multiple-family residential, when located above a first floor commercial use. (b) Community center. (c) Government offices. (d) Government protective services facility. (e) Public parks and/or playgrounds. (f) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) School, vocational or business. (i) School, performing/visual/martial arts. (j) Auditorium/place of assembly. (k) Banquet hall. (l) Billiards hall. (m) Bowling alley. (n) Clinic, medical or dental. (o) Clinic, veterinary. (p) Licensed day care facility, adult or child. (q) Financial institution. (r) Food service, convenience (fast food). (s) Food service, limited (coffee shop/deli). (t) Food service, full service (restaurant/nightclub). (u) Health or fitness center. (v) Hotel or motel. (w) Laboratory, medical. (x) Liquor store, off-sale. (y) Museum or gallery. (z) Office. (aa) Retail sales. (bb) Service, professional. (cc) Studio, professional. (dd) Studio, radio or televisions. (ee) Theater, live performance. (ff) Theater, movie. (gg) Brewer taproom, not exceeding 3,500 barrels of malt liquor a year. (hh) Brew pub. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Arcade. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Club or lodge. (f) Fences greater than six feet in height. 9.110 (F) (2) and (3) City Code of 2005, is hereby amended to read as follows: (F) CBD, Central Business District. (1) Purpose. The purpose of the CBD, Central Business Distri ct is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed within this district when located above a first floor commercial use. (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: (a) Multiple-family residential, when located above a first floor commercial use. (b) Community center. (c) Government offices. (d) Government protective services facility. (e) Public parks and/or playgrounds. (f) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) School, vocational or business. (i) School, performing/visual/martial arts. (j) Auditorium/place of assembly. (k) Banquet hall. (l) Billiards hall. (m) Bowling alley. (n) Clinic, medical or dental. (o) Clinic, veterinary. (p) Licensed day care facility, adult or child. (q) Financial institution. (r) Food service, convenience (fast food). (s) Food service, limited (coffee shop/deli). (t) Food service, full service (restaurant/nightclub). (u) Health or fitness center. (v) Hotel or motel. (w) Laboratory, medical. (x) Liquor store, off-sale. (y) Museum or gallery. (z) Office. (aa) Retail sales. (bb) Service, professional. (cc) Studio, professional. (dd) Studio, radio or televisions. (ee) Theater, live performance. (ff) Theater, movie. (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Arcade. (b) Outdoor sales and/or display. (c) Outdoor storage. (d) Parking ramp. (e) Club or lodge. (f) Fences greater than six feet in height. (g) Brewer taproom (h) Brew pub. Section 5 This ordinance shall be in full force and effect from and after 30 days after its passage. Planning Commission Minutes Page 17 Feb 5, 2019 OTHER BUSINESS 2020 Census-Complete Count Committee Hammond told members that April 1st, 2020 has been declared our next Census count which takes place every ten years. It includes all 50 states and Puerto Rico, and other surrounding island territories. People of all ages, races, ethnic groups, citizens and non-citizens are to be counted. The data determines the number of seats each state has in the US House of Representatives and is used to distribute billions in federal funds to local states and communities. Census tract 515.01 in Columbia Heights has been identified by the US Census Bureau as a low response area. This is due to “hard to count” demographic make-up , such as college students, renters, people with disabilities, immigrants/minorities, those with language barriers, senior citizens, and people living in poverty. All these factors contribute to a lower response rate. Staff will be working with the Census Bureau, The MN Demographic Center, and community stakeholders to encourage participation. Our next step is to form a Committee, which will help organize a public campaign, including events to help raise awareness of the importance of the census process, with the goal of improving the response rate. Staff is in the process of recruiting volunteers to participate in this committee. Two informational meetings have been scheduled thus far. The first one is Tuesday, March 5 th at 6:30-7:30 pm in the City’s Conference Room. Susan Brower from the MN State Demographer’s Office will be present to explain the importance of the census and the impacts it has at the state and local levels. She will provide resources and handouts to use to raise public awareness. The second meeting will be Tuesday, March 19th in the City’s Conference Room from 6:30-7:30 pm to actually form the committee and organize ways to get the word out over the next year. If anyone on the commission knows anyone who would be willing to help, please direct them to the Community Development Dept. Staff is reaching out to other civic groups, church members, school district personnel, etc. to be participants of this committee. It is meant to serve as a grass roots informational group to prepare the public so that they respond. It is not meant to be a training platform for the census taker s themselves. The next regularly scheduled Planning Commission meeting will be on Tuesday, March 5th at 6:00 pm, prior to the Census Meeting. Motion by Hoium, seconded by Sahnow, to adjourn the meeting at 6:40 pm. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION PLANNING REPORT CASE NUMBER: 2019-0501 DATE: April 17, 2019 TO: Columbia Heights Planning Commission APPLICANT: Renaissance Fireworks DEVELOPMENT: Temporary Fireworks Tent LOCATION: 4005 Central Avenue NE., Columbia Heights MN, 55421 REQUEST: Interim Use Permit for Seasonal Fireworks Sales PREPARED BY: Elizabeth Hammond, City Planner INTRODUCTION 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) o f 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 and Building Official have inspected the plans and will conduct a site inspection of the tent. The applicant must obtain a Building Permit and schedule the inspection 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. City of Columbia Heights Planning Commission April 19, 2019 Planning Report Page 2 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 Chief and Building Official 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. RECOMMENDATION 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. Motion: Move to waive the reading of Resolution No. 2019-PZ01, there being ample copies available to the public. City of Columbia Heights Planning Commission April 19, 2019 Planning Report Page 3 Motion: Move 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 to Building 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 (2) professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. 12. Fireworks tents may be allowed for a maximum of 90 days per calendar year. 13. Any electrical use associated with the temporary sales, will require an Electrical Permit and is required to be inspected by the State Electrical Inspector. ATTACHMENTS Resolution No. 2019-PZ01 Application Applicant’s Narrative Property Location Map Tent Location Map Tent Layout Drawing Lease Agreement Certificate of Flame Resistance Material Safety Data Sheet Product List Product Storage Information 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 surroundin g 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: City of Columbia Heights – Planning Commission Resolution Page 2 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 to Building 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, not exceeding 32 square feet in area per sign. 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 Passed this 7th day of May, 2019. Offered by: Seconded by: Roll Call: Chair Attest: Shelley Hanson, Secretary