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HomeMy WebLinkAbout2022-058RESOLUTION NO. 2022-58 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for the property located in the City of Columbia Heights, MN; WHEREAS, a proposal (Planning Case # 2022-0603) has been submitted by William Roberts of Rail Werks Brewing Depot to the City Council requesting approval of a Conditional Use Permit at the following location: ADDRESS: 4001 Central Avenue NE (PID 36-30-24-32-0248) LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit approval to allow for a brew pub located at 4001 Central Avenue NE WHEREAS, the Planning Commission held a public hearing as required by the City Zoning Code on June 7, 2022; and WHEREAS, the City Council has considered the advice and recommendations of the Planning 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 area; and 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 adopts the following findings: FINDINGS OF FACT — Conditional Use Permit (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 the 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. (h) The use will not cause a negative cumulative effect, when consider in conjunction with the cumulative effect of other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the districts in which it is located. FURTHER, BE IT RESOLVED, that the conditions of approval, plans, and other information shall become part of the Conditional Use Permit approval; and in granting the approval of the Conditional Use Permit, the City and the applicant agree that the 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. This approval is subject to certain conditions 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 OF APPROVAL 1. All construction shall comply with the Minnesota State Building Code. 2. All exterior signage shall be reviewed by the City for approval and have the proper permits in place before signage is constructed onsite. 3. Poly trash containers will be required to help mitigate noise from trash handling services. 4. The area in front of the building must remain marked as a fire lane with yellow paint on the curb and signage stating "No Parking — Fire Lane". 5. The applicant shall provide a bicycle rack capable of accommodating a minimum of four (4) bicycles. 6. Any new exterior mechanical equipment that is installed to serve the brew pub will be required to meet all code requirements for screening. 7. If an outdoor patio and dining area is proposed at a later date, the applicant shall submit an updated site plan for review. Said plans may require an amendment to the existing conditional use permit, or a new conditional use permit. 8. Supplies for the brewery can only be delivered through the overhead door at the rear of the building. No loading or deliveries shall be allowed from the front of the building. All deliveries, loading, and trash collection can only be made from 6:00 A.M. —10:00 P.M. 9. No alcoholic beverages are allowed outside of the enclosed building. 10. No customers are allowed outside of the rear (east) of the building. 11. The establishment shall comply with all local, state, and Federal laws pertaining to alcohol sales and service. 12. The applicants shall submit drawings for a trash enclosure for City Staff review. The trash and 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. 13. The applicants shall submit a narrative on how they plan to dispose of the by-products from the malt liquor production. 14. 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. 15. The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or county. 16. All required state and local codes, permits, licenses and inspections will be met and in full compliance. ORDER OF COUNCIL Passed this 13th day of June, 2022 Offered by: Jacobs Seconded by: Buesgens Roll Call: All Ayes, Marquez Simula Absent Nick Novitsky, Council President Attest: Sara Ion, City Clerk/Council Secretary