HomeMy WebLinkAbout06-07-2022 Planning Commission Packet
PLANNING COMMISSION
City Hall—Council Chambers, 590 40th Ave NE
Tuesday, June 07, 2022
6:00 PM
AGENDA
ATTENDANCE INFORMATION FOR THE PUBLIC
Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and
entering meeting ID 813 2618 8583 and passcode 060722 or by Zoom at
https://us02web.zoom.us/j/81326188583?pwd=TG01SWprQkhBc01pQzJ2KzdzdTMvUT09. For
questions please call the Community Development Department at 763-706-3670.
CALL TO ORDER/ROLL CALL
1. Swearing in of Planning Commissioners Thomas Kaiser and Eric Sahnow
2. Election of Planning Commission Officers
MOTION: Move to elect ______________ as Chair of the Planning Commission.
MOTION: Move to elect ______________ as Vice Chair of the Planning Commission.
MOTION: Move to elect ______________ as Secretary/Treasurer of the Planning
Commission.
APPROVE MINUTES
PUBLIC HEARINGS
3. Interim Use Permit for Seasonal Fireworks Sales Tent located at 4001 Central Avenue NE
MOTION: Move to close the public hearing and waive the reading of Resolution No. 2022 -
PZ01, there being ample copies available to the public.
MOTION: Move to adopt Resolution No. 2022-PZ01, being a resolution approving an
Interim Use Permit for a fireworks sales tent at 4001 Central Avenue NE, from June 24,
2022 to July 5, 2022, subject to the conditions stated in the resolution.
4. Conditional Use Permit for a Brew Pub located at 4001 Central Avenue NE
MOTION: Move to close the public hearing and waive the reading of the draft resolution
attached, there being ample copies available to the public.
MOTION: Move to recommend that the Planning Commission recommend to the City
Council approval of the Conditional Use Permit as presented, subject to the conditions
stated in the draft resolution.
OTHER BUSINESS
ADJOURNMENT
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City of Columbia Heights AGENDA June 07, 2022
Planning Commission Page 2
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.
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OATH OF OFFICE
State of Minnesota )
ss.
County of Anoka )
I, Thomas Kaiser, do solemnly swear that I will support the Constitution of
the United States, and of the State of Minnesota, and discharge faithfully the duties
devolved upon me as a Planning Commission member of the City of Columbia Heights, to
the best of my judgment and ability.
_________________________________
Thomas Kaiser
Subscribed and sworn to before me this 7th day of June, 2022
___________________________________
Alicia Howe, Administrative Assistant II
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Item 1.
OATH OF OFFICE
State of Minnesota )
ss.
County of Anoka )
I, Eric Sahnow, do solemnly swear that I will support the Constitution of
the United States, and of the State of Minnesota, and discharge faithfully the duties
devolved upon me as a Planning Commission member of the City of Columbia Heights, to
the best of my judgment and ability.
_________________________________
Eric Sahnow
Subscribed and sworn to before me this 7th day of June, 2022
___________________________________
Alicia Howe, Administrative Assistant II
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Item 1.
PLANNING COMMISSION MEETING
AGENDA SECTION CALL TO ORDER/ROLL CALL
MEETING DATE JUNE 7, 2022
ITEM: ELECTION OF PLANNING COMMISSION OFFICERS
DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE: Minerva Hark, City Planner / 5/25/2022
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.
2. A Vice Chairperson will be elected.
a. Commission members provide all nominations for Vice 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 Chair of the Planning Commission.
MOTION: Move to elect ______________ as Vice Chair of the Planning Commission.
MOTION: Move to elect ______________ as Secretary/Treasurer of the Planning Commission.
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Item 2.
PLANNING COMMISSION MEETING
AGENDA
SECTION
PUBLIC HEARING
MEETING DATE JUNE 7, 2022
ITEM: INTERIM USE PERMIT FOR SEASONAL FIREWORKS SALES TENT LOCATED AT 4001
CENTRAL AVENUE NE
DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE: Minerva Hark, City Planner /
5/24/2022
CASE NUMBER: 2022-0601
DATE: June 7, 2022
TO: Columbia Heights Planning Commission
APPLICANT: Renaissance Fireworks
DEVELOPMENT: Interim Use Permit for Seasonal Fireworks Sales Tent
LOCATION: 4001 Central Avenue NE (PID 36-30-24-32-0248)
REQUEST: Interim Use Permit
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 NE. The specific development standards
for outdoor fireworks sales/display are found in Section 9.107 (C) (22) of City Code, and will be
added as conditions of approval for this permit. The attached property and tent location map
illustrates the configuration and orientation of the fireworks tent to Central Avenue. The Fire
Chief and Building Official will conduct a site inspection of the tent.
ZONING ORDINANCE
The property located at 4001 Central Avenue NE is in the CBD, Central Business District. The
properties to the north and west are also zoned Central Business, while the properties to the
east are zoned in the R-4, Multiple Family Residential District. The site to the south of the
subject property is zoned as a Planned Unit Development, which will have a mix of multi-family
residential, commercial, and institutional uses. Seasonal Fireworks Sales is allowed as Interim
Use in the Central Business Zoning District.
COMPREHENSIVE PLAN
The Comprehensive Plan designates the property for co mmercial use. The proposal for seasonal
fireworks sales is consistent with the intent of the City’s Comprehensive Plan.
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Item 3.
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:
(a) The use is one of the interim uses listed for the zoning district in which the property is
located, or is a substantially similar use, as determined by the Zoning Administrator.
Fireworks tents are specifically listed as an Interim Use in the Central Business District, and are
considered retail sales, which are permitted.
(b) 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.
(c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed temporary use should not impose hazardous or disturbing influences on
neighboring properties because of its proximity to Central Avenue. It is screened from adjacent
residential uses by the surrounding commercial buildings.
(d) 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.
(e) The use will be designed, constructed, operated and maintained in a manner that is
compatible with the appearance of the existing or intended ch aracter of the surrounding
area.
The Fire Department will conduct an on-site inspection prior to any temporary sales. All State
and City requirements regarding fireworks sales will be met.
(f) 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.
(g) 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 close the public hearing and waive the reading of Resolution No. 2022-PZ01,
there being ample copies available to the public.
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Item 3.
MOTION: Move to adopt Resolution No. 2022-PZ01, being a resolution approving an Interim Use
Permit for a fireworks sales tent at 4001 Central Avenue NE, from June 24, 2022 to July 5, 2022,
subject to the conditions stated in the resolution.
ATTACHMENTS
Resolution No. 2022-PZ01
Application/Narrative
Temporary Lease Agreement
Safety Data Sheet
Tent Location Map
Tent Layout Drawing
Certificate of Flame Resistance
Product List
Product Storage Information
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Item 3.
RESOLUTION NO. 2022-PZ01
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 (Planning Case #2022-0601) 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 June 7, 2022;
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 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 vicinit y.
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 Land Development Ordinance, including:
CONDITIONS:
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Item 3.
City of Columbia Heights – Planning Commission Resolution Page 2
1. The fireworks sales 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 sales tent shall be accessory to a commercial use.
4. Fireworks sales 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 sales 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 sales 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 7th day of June, 2022.
Offered by:
Seconded by:
Roll Call:
Ayes:
Abstain:
Chair
Alicia Howe, Administrative Assistant II
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Item 3.
PLANNING COMMISSION MEETING
AGENDA
SECTION
PUBLIC HEARING
MEETING DATE JUNE 7, 2022
ITEM: CONDITIONAL USE PERMIT FOR A BREW PUB LOCATED AT 4001 CENTRAL
AVENUE NE
DEPARTMENT: COMMUNITY
DEVELOPMENT
BY/DATE: Minerva Hark, City Planner /
6/2/2022
CASE NUMBER: 2022-0603
DATE: June 7, 2022
TO: Columbia Heights Planning Commission
APPLICANT: William Roberts, Rail Werks Brewing Depot
DEVELOPMENT: Brew Pub in Columbia Heights Mall
LOCATION: 4001 Central Avenue NE (PID 36-30-24-32-0248)
REQUEST: Conditional Use Permit
PREPARED BY: Minerva Hark, City Planner
INTRODUCTION
William Roberts of Rail Werks Brewing Depot has applied for a Conditional Use Permit to allow
for the operation of a brew pub at Columbia Heights Mall, located at 4001 Central Avenue NE .
The brew pub is proposed to include a microbrewery production facility, full-service bar with in-
house brewed beers and craft cocktails, food service specializing in smoked meats, a game zone
for iceless curling, and a private party room. The applicant was previously approved for a
Conditional Use Permit for a brew pub at the same location by Resolution No. 2020-18 on
February 10, 2020. The Conditional Use Permit has since become null and void due to the lack of
project completion within the calendar year following the project’s approval. This current
application acts as the petition for the renewal of the previously approved Conditional Use
Permit.
ZONING ORDINANCE
The subject property is located in the CBD – Central Business District. It is adjacent to the Central
Business District (CBD) and Multiple Family Residential District (R-4) to the north, Central
Business District (CBD) to the west, and Multiple-Family Residential District (R-4) to the east. Just
south of the site is a Planned Unit Development (PUD No. 2020-01), to include the new City Hall,
multiple-family dwelling units, and a café.
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Item 4.
The Zoning Ordinance defines a brew pub as “a restaurant that conducts the retail of on -sale malt
liquor consumed and brewed on the premise.” The Zoning Ordinance allows brew pubs by
Conditional Use Permit in the Central Business District. The Conditional Use Permit requirements,
licensing requirements, and applicable Zoning Ordinance requirements are all discussed in this
report. The Zoning Ordinance requires the Planning Commission to hold a public hearing on the
application for a Conditional Use Permit and submit its recommendation to the City Council for
final determination.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for Transit Oriented Development. Transit Oriented
Development seeks to promote a variety of uses, including retail businesses. The proposed brew
pub is consistent with the Comprehensive Plan’s goals.
SITE PLAN
The following numbered items are an analysis of the application plans against the City Code and
Zoning Ordinance. Since the applicant intends to occupy a vacant tenant bay in an existing
commercial building, note that some of the conditions are previously existing.
1. Parking
The existing shopping center contains numerous parking spaces that serve the tenants of the site.
The site is located in the Central Business District, which does not require parking. It should be
noted that the performance standards for a brew pub do not contain specific requirements for
off-street parking; only confirmation that the site complies with parking requirements for the
district where the site is located. In this regard, the site is compliant with its parking standard.
2. Access
The site is currently served by access from Central Avenue NE, 40th Avenue NE, and 41st Avenue
NE. The site has a service road on the rear of the building for trash handling service and deliveries.
No changes to site access are proposed.
3. Signage
The applicant has not submitted drawings for on -site signage. Signs are required to have a
building permit and are subject to review for compliance by City Staff. As a condition of approval,
all signage shall be reviewed by the City for approval.
4. Trash Container / Trash Service
The site has trash service on the rear of the building that serves all the tenants of the site. The
project will be conditioned to use poly trash containers to help mitigate noise from trash handling
services.
5. Fire Access
The area in front of the building is marked with yellow curb paint and signage that states “No
Parking – Fire Lane”. As a condition of approval, this will be required to remain.
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Item 4.
6. Pedestrian and Bicycle Access
The site has pedestrian access to connect the parking area to the building. The parking area is
connected to the City’s sidewalk system so pedestrians may access the site. It does not appear
that the site provides access or parking of bicycles. The 2040 Comprehensive Plan land use goals
state that sites should have pedestrian and bicycle access. While the pedestrian access appears
to be satisfied, the site should incorporate a bicycle parking area to satisfy this goal. Staff is
recommending that a bicycle rack capable of accommodating four bicycles be a condition of
approval. Additionally, it should be noted that the site also contains a transit hub.
7. Patio / Outdoor Dining Area
The applicant is not proposing any outdoor patio areas at this time. If an outdoor patio and dining
area is proposed in the future, the applicant shall submit an updated site plan for review by City
Staff. This may require an amended or new Conditional Use Permit.
8. Loading Area
The applicant is proposing to use an eight -foot by eight-foot overhead door on the rear of the
building for loading and unloading purposes. As a condition of approval, supplies can only be
delivered through this rear loading area. No loading or deliveries shall be allowed from the front
of the building.
9. Neighborhood Notification
A Notice of Public Hearing was sent to property owners within 350 feet of the project site. City
Staff received phone calls and emails from residents both supporting the project and requesting
more information. No comments of opposition were received by City Staff.
10. Staff Review
The project submittal was reviewed by the Public Works Department, Fire Department, Police
Department, and Community Development Department. City Staff found that the conditions of
approval from Resolution No. 2020-18 were still relevant and sufficient for this Conditional Use
Permit renewal. No additional comments or conditions were provided.
FINDINGS OF FACT
Section 9.104 (H) of the Zoning Code outlines nine conditions that must be met in order for the
City to grant a Conditional Use Permit. They are as follows:
(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.
The use is specifically listed as a conditional use in the Central Business District under Section
9.110(F)(3)(k).
(b) The use is in harmony with the general purpose and intent of the comprehensive plan.
The Comprehensive Plan guides this property for retail, office, and multi-family residential. As a
brew pub, the use will be in harmony with the general purpose and intent of the Comprehensive
Plan.
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(c) The use will not impose hazards or disturbing influences on neighboring properties.
In review of the applicant’s site plan and narrative, Staff does not feel this will be an issue at this
site. Staff has added conditions related to noise and crowd control to ensure that this project
would not impose disturbing influences on neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
The proposed project should not 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.
The use will be occupying an existing building as part of a larger shopping center. No significant
changes to the design are proposed.
(f) The use and property upon which the use is located are adequately served by essential
public facilities and services.
The site has all existing utilities and services. No changes to public services or facilities are
proposed.
(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.
The site is served by existing traffic circulation. The site can be accessed from the north, west, or
south; this is an existing condition. Staff is not recommending any changes to the on-site traffic
circulation. Traffic congestion on the public streets is not expected to be a concern. The site and
area have been designed to accommodate traffic at this location.
(h) The use will not cause a negative cumulative effect, when considered in conjunction
with the cumulative effect of other uses in the immediate vicinity.
This is correct. The brew pub is not expected to cause a negative cumulative effect on the area.
(i) The use complies with all other applicable regulations for the district in which it is
located.
In review of the site plan, Staff believes that the use complies with all other applicable regulations
for the district it is located in.
SPECIFIC DEVELOPMNT STANDARDS
Section 9.107(C)(53) of the Zoning Ordinance outlines eight specific requirements for a brew pub.
These requirements are reviewed below:
(a) All malt liquor production shall be within a completely enclosed structure.
In review of the applicant’s site plan, they are compliant with this requirement.
(b) Mechanical equipment shall be placed and/or screened so as to minimize the visual
impact on adjacent properties and from public streets.
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Item 4.
The applicant is not proposing to locate any new mechanical equipment on the outside of the
building at this time. As a condition of approval, any new mechanical equipment this is installed
at a later date will have to adhere to the screening requirements of the District.
(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.
No parking requirement is needed at this site. The existing site has many parking spaces and a
transit hub on-site.
(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
The loading area for this site is on the east side of the building. This is an existing condition from
the original site plans and predates the residential uses to the east. The applicant is proposing to
continue to use this side of the building for deliveries.
(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.
As a condition of approval, the applicant shall meet this requirement. The applicant shall submit
drawings of the trash enclosure for City Staff review.
(f) By-products and waste from the production of malt liquor shall be properly disposed of
off the property.
As a condition of approval, the applicant shall submit a narrative on how they plan to dispose of
the by-products from the malt liquor production.
(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.
This will be a condition of approval.
(h) The facility shall meet all applicable building and fire codes, and shall be licensed as
required by the state or county.
This will be a condition of approval.
MALT LIQUOR LICENSE
As part of the process, the applicant will be required to apply for the appropriate alcohol licenses.
Based on the narrative submitted to the City, they will need to obtain both an On-Sale Brew Pub
license for the on-site consumption and sale of malt liquor per City Code Section 5.503, and an
On-Sale Intoxicating Liquor license for the on-site consumption and sale of alcoholic cocktails per
City Code Section 5.505. This process will be completed separately from the Conditional Use
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Item 4.
Permit application. By City Code, the licenses must be obtained prior to the business’s sale and
service of alcohol.
RECOMMENDATION
In review of the applicant’s site plan, application, and other relevant materials, Staff finds the
request for a Conditional Use Permit to operate a brew pub to be a reasonable request that will
not negatively impact the health, safety, or welfare of the City, its residents, and property
owners. Staff recommends that the Planning Commission recommend that the City Council
approve the conditional use permit as present, subject to the conditions of approval outlined in
the resolution.
RECOMMENDED MOTION(S):
MOTION: Move to close the public hearing and waive the reading of the draft resolution
attached, there being ample copies available to the public.
MOTION: Move to recommend that the Planning Commission recommend to the City Council
approval of the Conditional Use Permit as presented, subject to the conditions stated in the
draft resolution.
ATTACHMENTS:
Draft Resolution
Application & Narrative
Project Plans
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Item 4.
RESOLUTION NO. 2022-XXX
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 concern s
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.
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Item 4.
(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 prop osed 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 overh ead 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
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100 feet of the use shall be inspected regularly for the purp oses 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:
Seconded
by:
Roll Call:
Amáda Márquez Simula, Mayor
Attest:
Sara Ion, City Clerk/Council Secretary
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