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HomeMy WebLinkAbout04-06-2021 Planning Commission Packet PLANNING COMMISSION MEETING City Hall—Council Chambers, 590 40th Ave NE Tuesday, April 06, 2021 6:00 PM AGENDA NOTICE THAT THIS MEETING MAY BE CONDUCTED BY A COMBINATION OF IN PERSON AND ELECTRONIC MEANS Following a determination by City Manager Kelli Bourgeois, and emergencies declared by the United States, The State of Minnesota, and the Columbia Heights Mayor & City Council, this meeting may, pursuant to Minn. Stat. § 13D.021, occur by a combination of in-person and electronic means. In all meeting formats, members of the public who wish to attend may do so by attending in-person, by calling 1-312-626-6799 and entering meeting ID 894 3258 3713, Passcode: 080180, or by Zoom at https://us02web.zoom.us/j/89432583713?pwd=ZXI0QzA5bWRQZmZLWDhXZnhDcnBSQT09 at the scheduled meeting time. For questions regarding this notice, please contact the City Clerk at (763) 706-3611. CALL TO ORDER/ROLL CALL 1. SWEARING IN OF NEWLY APPOINTED PLANNING COMMISSIONER CLARA WOLFE 2. ELECTION OF OFFICERS APPROVE MINUTES 3. APPROVAL OF FEBRUARY 2, 2021 PLANNING COMMISSION MEETING MINUTES PUBLIC HEARINGS 4. SITE PLAN REVIEW – AFANDINA CAFÉ 5. INTERIM USE PERMIT – RENAISSANCE FIREWORKS TEMPORARY SALES TENT OTHER BUSINESS 6. REMINDER: PLANNING COMMISSION MEETING TUESDAY, MAY 4TH, 2021, 6:00 P.M. ADJOURNMENT Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. *A QUORUM OF THE CITY COUNCIL MAY BE PRESENT 1 PLANNING COMMISSION MEETING AGENDA SECTION CALL TO ORDER/ROLL CALL MEETING DATE APRIL 06, 2021 ITEM: ELECTION OF OFFICERS DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE: Minerva Hark / April 6, 2021 BACKGROUND: Officer Elections are held on an annual basis. In order for a member to be considered for an officer position, they must be nominated by another Planning Commission member or nominate themselves. The election process will go as follows: 1. A Chairperson will be elected. a. Commission members provide all nominations for Chairperson of the Planning Commission. b. A vote is taken and counted individually for each nominated member. c. The member with the most votes is declared the Chairperson of the Planning Commission by the Staff Liaison. (The meeting will resume under leadership of the newly elected Chairperson.) 2. A Vice Chairperson will be elected. a. Commission members provide all nominations for Chairperson of the Planning Commission. b. A vote is taken and counted individually for each nominated member. c. The member with the most votes is declared the Vice Chairperson of the Planning Commission by the Chairperson. 3. A Secretary/Treasurer will be elected. a. Commission members provide all nominations for Secretary/Treasurer of the Planning Commission. b. A vote is taken and counted individually for each nominated member. c. The member with the most votes is declared the Secretary/Treasurer of the Planning Commission by the Chairperson. RECOMMENDED MOTION(S): MOTION: Move to elect ________________________ as the Chairperson of the Planning Commission. MOTION: Move to elect ________________________ as the Vice Chairperson of the Planning Commission. MOTION: Move to elect ________________________ as the Secretary/Treasurer of the Planning Commission. 2 Item 2. MINUTES OF PLANNING COMMISSION FEBRUARY 2, 2021 6:00 PM The meeting was called to order at 6:03 pm by Acting Chair Kaiser. Commission Members present- Vargas, Hoium, Novitsky, and Kaiser. Commission Members present through Zoom- Schill Members absent: Sahnow and Fiorendino Also present were Aaron Chirpich (Community Development Director), Shelley Hanson (Secretary), new employee Alicia Apanah, and Council Liaison John Murzyn. APPROVAL OF MINUTES Motion by Hoium , seconded by Novitsky , to approve the minutes from the meeting of January 5, 2021. A Roll Call vote was taken of the members. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2021-0201 APPLICANT: BRYAN BEHUN LOCATION: 1209 43RD AVENUE NE REQUEST: MINOR SUBDIVISION, LOT LINE ADJUSTMENT Chirpich explained that Bryan Behun, of behalf of the Behun Living Trust, has requested approval of a Minor Subdivision, per City Code Section 9.104 (k), for property located at 1209 43rd Avenue NE. The subject site is zoned R-2A, One and Two Family Residential and is surrounded on all sides by similarly zoned properties. The subject property (1209 43rd Avenue NE) overlays two abutting parcels of land, both of which are owned by the applicant. The east parcel (PID 36-30-24-21-0123) measures 11,250 square feet in size and is presently occupied by a single-family home. The property is identified as Parcel A on the received certificate of survey. The west parcel (PID 36-30-24-21-0122) measures 10,800 square feet in size and is presently vacant. The property is identified as Parcel B of the received certificate of survey. The applicant wishes to split a nine-foot-wide portion of Parcel B and add the split portion (1,305 square feet) to the abutting Parcel A to the east. 3 Item 3. Planning Minutes Page 2 February 2, 2021 ISSUES AND ANALYSIS Lot Requirements. In consideration of the minor subdivision application, a determination should be made that the newly created lots meet the minimum lot area and width requirements of the applicable R-2A zoning district. Within R-2A Districts, a minimum lot area of 6,500 square feet is required. As a result of the proposed lot line adjustment, Parcel B will be reduced in size from 10,800 square feet to 9,135 square feet. Conversely, Parcel B will be increased in size from 11,250 square feet to 12,180 square feet. In this regard, both lots meet the minimum lot area requirements of the R-2A zoning district. According to Section 9.109.C of the Zoning Ordinance, lots within R-2A Districts must have a minimum width of 60 feet. As shown on the submitted survey, Parcel A is proposed to be increased in width from 75 feet to 84 feet while Parcel B is proposed to be reduced in width from 72 feet to 63 feet. Both proposed lots meet the minimum lot width requirements of the R-2A District. Driveway Setback. As shown on the existing conditions survey, a driveway which serves the existing home on Parcel A, overlays the shared lot line between the two parcels. Specifically, a six-foot driveway encroachment exists upon Parcel B which is typically an undesirable condition. As a result of the proposed lot line adjustment, the existing driveway encroachment will be eliminated. According to the proposed subdivision survey, a three-foot driveway setback is proposed along the shared side lot line which meets the minimum parking area setback requirements imposed in the R-2A zoning district. In this regard, the proposed lot line adjustment is considered positive in that it will serve to rectify an existing nonconforming setback condition. Easements. The proposed subdivision survey calls for the creation of a 5-foot-wide drainage and utility easement along the north property lines of Parcels A and B. As a condition of minor subdivision approval, proposed easements and/or right-of-way dedication should be subject to review and approval by the City Engineer. Recording. As a condition of minor subdivision approval, the applicant will be responsible for the filing the approved subdivision with the Anoka County Recorder’s Office. If the minor subdivision is not filed with the Anoka County recorder’s Office within one year of the date of City Council approval, it will become invalid. 4 Item 3. Planning Minutes Page 3 February 2, 2021 FINDINGS OF FACT Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: 1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in two conforming lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. No vacation of existing easements will occur as a result of the minor subdivision. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. Both newly created lots will conform to the lot width and lot area requirements of the applicable R-2A zoning designation. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. The subject property has not previously been subdivided via a minor subdivision process. 6. The proposed subdivision does not hinder the conveyance of land. The proposed subdivision will not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. The proposed subdivision is not expected to hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. As a condition of minor subdivision approval, all applicable design standards of Section 9.115 of the Zoning ordinance must be satisfied. Staff review finds that the proposed Minor Subdivision (lot line adjustment) application meets the requirements of the Zoning Ordinance. As a result, Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Minor Subdivision for the property located at 1209 43rd Avenue NE subject to certain conditions. Questions/comments from members: The members all agreed this request was straightforward and meets the requirements for a subdivision. 5 Item 3. Planning Minutes Page 4 February 2, 2021 Public Hearing Opened. John Rockwell, Realtor was present through Zoom and is the representative/broker for the owner. However, there were no questions of the applicant. No one else was present to speak on this matter. Public Hearing Closed. Motion by Hoium , seconded by Novitsky , to waive the reading of Resolution No. 2021-XX, there being ample copies available to the public. A roll call vote was taken. All ayes. MOTION PASSED. Motion by Hoium , seconded by Novitsky , that the Planning and Zoning Commission recommends that the City Council approve the Minor Subdivision of the property located at 1209 43rd Avenue NE., 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. Proposed easements and/or right-of-way dedication shall be subject to review and approval by the City Engineer. 2. The applicant shall be responsible for the filing the approved subdivision with the Anoka County Recorder’s Office. The approved minor subdivision shall become invalid if the subdivision is not filed with the Anoka County recorder’s Office within one year of the date of City Council approval. A roll call vote was taken. All ayes. MOTION PASSED. The following Resolution will go to the City Council on February 8, 2021. RESOLUTION NO. 2021-XX RESOLUTION APPROVING A MINOR SUBDIVISION (LOT LINE ADJUSTMENT) FOR 1209 43rd AVENUE NE WHEREAS, a proposal (Case #2021-0201) has been submitted by Bryan Behun (on behalf of the Behun Living Trust) to the City Council requesting Minor Subdivision approval from the City of Columbia Heights at the following site: ADDRESS: 1209 43rd Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Minor Subdivision for the property located at 1209 43rd Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on February 2, 2021; and 6 Item 3. Planning Minutes Page 5 February 2, 2021 WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Minor Subdivision 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 City Council of the City of Columbia Heights adopts the following findings: 1. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. FURTHER, BE IT RESOLVED that the attached conditions, survey, and other information shall become part of this Minor Subdivision and approval; and in granting this Minor Subdivision the City and the applicant agree that this Minor Subdivision shall become null and void if the subdivision has not been filed with the Anoka County Recorder’s Office within one (1) calendar year after the approval date. CONDITIONS ATTACHED: The Planning Commission approves the Minor Subdivision for 1209 43rd Avenue NE. 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: 3. Proposed easements and/or right-of-way dedications shall be subject to review and approval by the City Engineer. 4. The applicant shall be responsible for the filing the approved subdivision with the Anoka County Recorder’s Office. The approved minor subdivision shall become invalid if the subdivision is not filed with the Anoka County recorder’s Office within one year of the date of City Council approval. 7 Item 3. Planning Minutes Page 6 February 2, 2021 OTHER BUSINESS 1. Review Purchase of 1002 40th Avenue NE - (Chirpich reviewed Items #1 & 2 together) Chirpich stated Pursuant to State Statue, Section 462.356, Subdivision 2, the Planning and Zoning Commission (the “Planning Commission”) in and for the City is required to review and ultimately determine that the proposed acquisition of real property by the City’s Economic Development Authority (EDA), conforms to the Comprehensive Plan of the City. Therefore, the EDA has requested that the Planning Commission review the acquisition of 1002 40th Avenue NE, Columbia Heights, MN 55421 (the “Subject Property”) to determine if its acquisition conforms to the Comprehensive Plan of the City. COMPREHENSIVE PLAN The EDA has a long standing practice of acquiring blighted single-family homes to facilitate scattered site redevelopment, and the proposed acquisition of the Subject Property responds to several goals and policies adopted in the Comprehensive Plan. Specifically, in Chapter 2: Land Use, and Chapter 4: Economic Development. Below are the specific goals and policies from the Comprehensive Plan that directly and indirectly correlate to the conformity of the proposed acquisition. LAND USE AND REDEVELOPMENT Goal: Provide mechanisms for successful redevelopment of vacant lands and targeted areas within the community. ECONOMIC DEVELOPMENT Goal: Promote reinvestment in properties by the commercial and industrial sectors. 1. Promote high quality development and redevelopment opportunities within the community. Questions from members: Chirpich was asked if the EDA had a plan for these properties. Chirpich told members that the EDA still needs to purchase the three houses in between these two properties (960 and 1002 40th) to make a larger piece of property to work with. Once that is accomplished then it would probably all be redeveloped for medium density housing . In the meantime, public works will rework the alley access to the existing homes and possibly do some storm water improvements by installing a filtration system, and staff will see that the two properties are cleaned up as they are adjacent to the new Alatus development. Motion by Hoium , seconded by Novitsky, to adopt Resolution 2021-PZ02, a resolution finding that the proposed acquisition of certain land for redevelopment purposes by the Columbia Heights Economic Development Authority is consistent with the City of Columbia Heights’ Comprehensive Plan. A roll call vote was taken. All ayes. MOTION PASSED. RESOLUTION NO. 2021-PZ02 A RESOLUTION FINDING THAT THE ACQUISITION OF CERTAIN LAND FOR REDEVELOPMENT PURPOSES BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY IS CONSISTENT WITH THE CITY OF COLUMBIA HEIGHTS’ COMPREHENSIVE PLAN. 8 Item 3. Planning Minutes Page 7 February 2, 2021 WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”) proposes to purchase certain property (the “Property”) located at 1002 40th Avenue NE, (PID 36-30-24-32-0042) in the City of Columbia Heights (the “City”) and described on the attached Exhibit A, for the purposes of eventual redevelopment; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City Planning and Zoning Commission to review the proposed acquisition or disposal of publicly-owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning and Zoning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and NOW, THEREFORE BE IT RESOLVED, the Planning and Zoning Commission has reviewed the proposed acquisition of the Property, and has determined that the Authority’s purpose is to redevelop the Property, and that the proposed acquisition is therefore consistent with the City’s comprehensive plan. BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the Authority. ORDER OF THE PLANNING AND ZONING COMMISSION Passed this 2nd day of February, 2021 Offered by: Hoium Seconded by: Novitsky Roll Call: All ayes Thomas Kaiser, Acting, Chair Attest: Secretary EXHIBIT A Description of Property LOT 19 BLOCK 6, RESERVOIR HILLS, ANOKA COUNTY, MINNESOTA 2. Review Purchase of 960 40th Avenue NE Pursuant to State Statue, Section 462.356, Subdivision 2, the Planning and Zoning Commission (the “Planning Commission”) in and for the City is required to review and ultimately determine that the proposed acquisition of real property by the City’s Economic Development Authority (EDA), conforms to the Comprehensive Plan of the City. Therefore, the EDA has requested that the Planning Commission review the acquisition of 960 40th Avenue NE, Columbia Heights, MN 55421 (the “Subject Property”) to determine if its acquisition conforms to the Comprehensive Plan of the City. 9 Item 3. Planning Minutes Page 8 February 2, 2021 COMPREHENSIVE PLAN The EDA has a long standing practice of acquiring blighted single-family homes to facilitate scattered site redevelopment, and the proposed acquisition of the Subject Property responds to several goals and policies adopted in the Comprehensive Plan. Specifically, in Chapter 2: Land Use, and Chapter 4: Economic Development. Below are the specific goals and policies from the Comprehensive Plan that directly and indirectly correlate to the conformity of the proposed acquisition. LAND USE AND REDEVELOPMENT Goal: Provide mechanisms for successful redevelopment of vacant lands and targeted areas within the community. ECONOMIC DEVELOPMENT Goal: Promote reinvestment in properties by the commercial and industrial sectors. 1. Promote high quality development and redevelopment opportunities within the community. There were no further questions since this was discussed with the previous item. Motion by Hoium , seconded by Novitsky , to adopt Resolution 2021-PZ03, a resolution finding that the proposed acquisition of certain land for redevelopment purposes by the Columbia Heights Economic Development Authority is consistent with the City of Columbia Heights’ Comprehensive Plan. A roll call vote was taken. Al l ayes. MOTION PASSED. RESOLUTION NO. 2021-PZ03 A RESOLUTION FINDING THAT THE ACQUISITION OF CERTAIN LAND FOR REDEVELOPMENT PURPOSES BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY IS CONSISTENT WITH THE CITY OF COLUMBIA HEIGHTS’ COMPREHENSIVE PLAN. WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”) proposes to purchase certain property (the “Property”) located at 960 40th Avenue NE, (PID 36-30-24-32-0046) in the City of Columbia Heights (the “City”) and described on the attached Exhibit A, for the purposes of eventual redevelopment; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City Planning and Zoning Commission to review the proposed acquisition or disposal of publicly-owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning and Zoning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and NOW, THEREFORE BE IT RESOLVED, the Planning and Zoning Commission has reviewed the proposed acquisition of the Property, and has determined that the Authority’s purpose is to redevelop the Property, and that the proposed acquisition is therefore consistent with the City’s comprehensive plan. BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the Authority. 10 Item 3. Planning Minutes Page 9 February 2, 2021 ORDER OF THE PLANNING AND ZONING COMMISSION Passed this 2nd day of February, 2021 Offered by: Hoium Seconded by: Novitsky Roll Call: All ayes Thomas Kaiser, Acting Chair Attest: Secretary EXHIBIT A Description of Property LOT 23 BLOCK 6, RESERVOIR HILLS, ANOKA COUNTY, MINNESOTA The next scheduled meeting is Tuesday, March 2, 2021 at 6 pm. However, there are no cases to consider, so the next meeting for members to schedule will be April 6, 2021 at 6 pm. Motion by Hoium, seconded by Novitsky to adjourn the meeting at 6:16 pm. A Roll Call vote was taken. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Secretary 11 Item 3. PLANNING COMMISSION MEETING AGENDA SECTION PUBLIC HEARING MEETING DATE APRIL 06, 2021 ITEM: SITE PLAN REVIEW – AFANDINA CAFÉ DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE: CASE NUMBER: 2021-0401 DATE: April 6, 2021 TO: Columbia Heights Planning Commission APPLICANT: Louie Kader DEVELOPMENT: Afandina Café, construction of a patio addition with upper deck LOCATION: 4001 University Avenue NE, Columbia Heights, MN 55421 REQUEST: Site Plan Review PREPARED BY: Minerva Hark, City Planner INTRODUCTION Louie Kader has submitted plans proposing the addition of a paver patio with an upper deck and a roof along the north wall of the existing two-story building at 4001 University Avenue NE. The proposed patio is 833 square feet, and the proposed upper deck is 288 square feet. This project will also include the demolition of an existing non-conforming deck in the north eastern portion of the property. The proposed patio addition meets the City’s Zoning Code requirements for setbacks and height. The Section 9.104 (N) of the Zoning Ordinance requires that all new plans for development other than one and two family residences, be reviewed and approved by the Planning Commission prior to the issuance of a building permit. ZONING ORDINANCE The property located at 4001 University Avenue NE is located in the General Business (GB) Zoning District. The properties to the north and east are located in the Multiple Family (R-3) Residential Zoning District, and the properties to the south are located in the General Business (GB) Zoning District. The properties across University Avenue to the west are located in the Multiple Family (R-3) Residential Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for commercial uses. The proposal for an outdoor patio addition to the existing commercial business is consistent with the goals and intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is located on the intersection of University Avenue and 40th Avenue, which is within the Design Guideline Overlay District, and is governed by the “40th Avenue District” standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing by requiring a set of minimum standards for new construction along Central Avenue and 40 th Avenue. 12 Item 4. Page 2 Much of the guidelines do not apply to this proposal as the guidelines are intended for the principal structure and use on the property. In this case, the applicant is simply proposing to construct an enclosed patio addition. The proposal will allow for an increase in patrons to the existing restaurant, particularly between late spring and early fall for those who desire an outdoor dining experience. The building addition is proposed to be a covered roof over an open patio area. The roofing material will include weathered wood-colored fiberglass asphalt shingles, and edge rafters will be faced with stained rough - sawn plywood. Due to the property being located in the Design Guidelines and the vi sibility off 40th Avenue, staff has added a condition that the wooden materials of the patio be painted to match the existing color of the building. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. This is correct. The Site Plan in question achieves the applicable Zoning Code requirements. b. The Site Plan is consistent with the applicable provisions of the City’s Comprehensive Plan. The Comprehensive Plan guides this area for Commercial Uses. Staff believes the proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. c. The Site Plan is consistent with any applicable area plan. This is correct. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of-way. The proposed Site Plan meets all the development standards outlined in the Zoning Code and will be required to meet Design Guidelines outlined previously. The applicant isn’t proposing to use the parcel in a different manner than used previously; therefore, the properties in the immediate vicinity of the proposed patio addition should not be adversely impacted. The site has adequate on-site parking to sustain the proposed addition. The existing 2,433 square foot building (seats 40 people), along with the proposed 833 square foot patio (to seat 32 people) and 288 square foot deck (to seat 12 people), totals 3,554 square feet (84 people). Per the code, the minimum parking required is calculated at 30% of the building capacity, which constitutes 26 parking stalls. Thus, the existing 26 parking stalls are sufficient for the proposed addition. All existing boundary fences will be remodeled to comply with the six foot height limitation, as to not trigger any additional permits. An unpermitted wooden deck exists onsite currently, and shall be demolished as part of this project. Additionally, the project shall be conditioned to prohibit excessive loud noise emanating from the site in an effort to minimize any negative impact onto adjacent residential and commercial properties. 13 Item 4. Page 3 RECOMMENDATION Staff recommends approval of the Site Plan for the proposed patio addition at Afandina Café to be located at 4001 University Avenue NE, subject to certain conditions of approval. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution No. 2021-PZ02, there being ample copies available to the public. MOTION: Move to approve Resolution No. 2021- PZ02, being a resolution approving a Site Plan for the proposed patio addition with upper deck to be located at 4001 University Avenue NE and subject to the following conditions: 1. The building and site shall be meet all requirements found in the most current Fire Code and the most current Building Code. 2. The use of the outdoor patio shall minimize noise impacts to adjacent properties. 3. The color of the patio addition/deck shall match the existing building. 4. All fences shall be no more than six feet in height. 5. All unpermitted structures, including but not limited to the existing deck, are to be removed or brought into compliance. 6. The Building Plans need to be signed by a licensed design professional and approved by the Building Official, prior to the issuance of a Building Permit. All other applicable local, state, and federal requirements shall be met at all times. ATTACHMENT(S): Resolution No. 2021-PZ02 Application/Narrative Survey/Site Plan Deck Foundation and Floor Plan Framing Plan and Elevations 14 Item 4. RESOLUTION NO. 2021-PZ02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COLUMBIA HEIGHTS APPROVING A SITE PLAN REVIEW TO ALLOW FOR THE CONSTRUCTION OF A PATIO ADDITION WITH UPPER DECK TO EXISTING BUILDING AT 4001 UNIVERSITY AVENUE NE, COLUMBIA HEIGHTS, MN, 55421 (PIN 35-30-24-31-0008) WHEREAS, a proposal (Case 2021-0401) has been submitted by Louie Kader of Afandina Café to the Planning Commission requesting a Site Plan Review from the City of Columbia Heights at the following site: LOCATION: 4001 University Avenue NE (35-30-24-31-0008) LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING: An Site Plan Review to allow for the construction of a patio addition with upper deck 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 6, 2021; WHEREAS, the Planning Commission has considered the advice and recommendations of City staff regarding the effect of the proposed Site Plan 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, the Planning Commission of the City of Columbia Heights after reviewing the proposal, accepts and adopts the following findings: 1. The Site Plan conforms to all applicable requirements of this article. 2. The Site Plan in questions achieves the applicable Zoning Code requirements. 3. The Site Plan is consistent with any applicable area plan. 4. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of-way. 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 building and site shall be meet all requirements found in the most current Fire Code and the most current Building Code. 2. The use of the outdoor patio shall minimize noise impacts to adjacent properties. 3. The color of the patio addition/deck shall match the existing building. 4. All fences shall be no more than six feet in height. 5. All unpermitted structures, including but not limited to the existing deck, are to be removed or brought into compliance. 6. The Building Plans need to be signed by a licensed design professional and approved by the Building 15 Item 4. City of Columbia Heights – Planning Commission Resolution Page 2 Official, prior to the issuance of a Building Permit. 7. All other applicable local, state, and federal requirements shall be met at all times. Passed this 6th day of April 6, 2021. Offered by: Seconded by: Roll Call: Ayes: Abstain: Chair Alicia Apanah, Secretary 16 Item 4. 17 Item 4. 18 Item 4. 19 Item 4. 20 Item 4. 21 Item 4. 22 Item 4. 23 Item 4. 24 Item 4. 25 Item 4. 26 Item 4. 27 Item 4. 28 Item 4. 29 Item 4. 30 Item 4. PLANNING COMMISSION MEETING AGENDA SECTION PUBLIC HEARING MEETING DATE APRIL 06, 2021 ITEM: INTERIM USE PERMIT – RENAISSANCE FIREWORKS TEMPORARY SALES TENT DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE: CASE NUMBER: 2021-0402 DATE: April 6, 2021 TO: Columbia Heights Planning Commission APPLICANT: Renaissance Fireworks DEVELOPMENT: Temporary Fireworks Tent LOCATION: 4001 Central Avenue NE., Columbia Heights MN, 55421 REQUEST: Interim Use Permit for Seasonal Fireworks Sales PREPARED BY: Minerva Hark, City Planner INTRODUCTION Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a seasonal fireworks sales tent at 4001 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 condition s 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 will conduct a site inspection of the tent. ZONING ORDINANCE The property located at 4001 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. 31 Item 5. 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. It is screened 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 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 flow of traffic on the public streets. Additionally, the site is large enough to handle additional on-site traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. 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 4001 Central Avenue, subject to conditions of approval outlined below. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution No. 2021-PZ03, there being ample copies available to the public. Motion: Move to adopt Resolution No. 2021-PZ03, being a Resolution approving an Interim Use Permit for a fireworks tent at 4001 Central Avenue NE, from June 25, 2021 to July 5, 2021, subject to certain conditions of 32 Item 5. Page 3 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 on-site below the level required for the principal use. 9. An appropriate transition area between the use and adjacent property shall b e provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. 10. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. 11. Fireworks tents may be allowed for a maximum of 90 days per calendar year. 12. Any electrical use associated with the temporary sales, will require an Electrical Permit and is required to be inspected by the State Electrical Inspector. ATTACHMENT(S): Resolution No. 2021-PZ03 Application/Narrative Lease Agreement Safety Data Sheet Tent Layout Drawing Certificate of Flame Resistance Tent Location Map Product List Product Storage Information Proposed Temporary Signage 33 Item 5. RESOLUTION NO. 2021-PZ03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF COLUMBIA HEIGHTS APPROVING AN INTERIM USE PERMIT TO ALLOW RENAISSANCE FIREWORKS TO OPERATE A TEMPORARY SALES TENT AT 4001 CENTRAL AVENUE NE, COLUMBIA HEIGHTS, MN, 55421 (PIN 36-30-24-32-0248) WHEREAS, a proposal (Case 2021-0402) 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: LOCATION: 4001 Central Avenue NE (36-30-24-32-0248) 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 6, 2021; 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, the Planning Commission of the City of Columbia Heights after reviewing the proposal, accepts and adopts the following findings: 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 Zonin g 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 traff ic 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: 34 Item 5. 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 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 on-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 (2) professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. 11. Fireworks tents may be allowed for a maximum of 90 days per calendar year. 12. Any electrical use associated with the temporary sales, will require an Electrical Permit and is required to be inspected by the State Electrical Inspector. Passed this 6th day of April 6, 2021. Offered by: Seconded by: Roll Call: Ayes: Abstain: Chair Alicia Apanah, Secretary 35 Item 5. 36 Item 5. 37 Item 5. 38 Item 5. 39 Item 5. 40 Item 5. 41 Item 5. 42 Item 5. 43 Item 5. 44 Item 5. 45 Item 5. 46 Item 5. 47 Item 5. 48 Item 5. 49 Item 5. 50 Item 5. 51 Item 5. 52 Item 5.