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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 1 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. 2 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 3 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 4 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. 5 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. 6 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. 7 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 8 Item 3. 9 Item 3. 10 Item 3. 11 Item 3. 12 Item 3. 13 Item 3. 14 Item 3. 15 Item 3. 16 Item 3. 17 Item 3. 18 Item 3. 19 Item 3. 20 Item 3. 21 Item 3. 22 Item 3. 23 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: 24 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 25 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. 26 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. 27 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. 28 Item 4. (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. 29 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 30 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 31 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. 32 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 33 Item 4. 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 34 Item 4. 35 Item 4. 36 Item 4. 37 Item 4. 38 Item 4. 39 Item 4. 40 Item 4. 41 Item 4. 42 Item 4. 43 Item 4. 44 Item 4. 45 Item 4. 46 Item 4. 47 Item 4.