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HomeMy WebLinkAbout2023-036RESOLUTION NO.2023-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS APPROVING A CONDITIONAL USE PERMIT TO ALLOW A BANQUET HALL TO OPERATE AT 2201 AVENUE NE, COLUMBIA HEIGHTS, MN, 55421 (PIN 36-30-24-44-0014) WHEREAS, a proposal (Planning Case #2023-0508) has been submitted by Mohamed Abdulle and Abdul Salah to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: LOCATION: 2201 37th Avenue NE (36-30-24-44-0014) LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit to allow for the operation of a banquet hall 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 July 5, 2023; and WHEREAS, the City Council has considered the advice and recommendations of the Planning Commisssion regarding the effect of the proposed Conditional 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, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia 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 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 Land Development Ordinance, including: Page 2 CONDITIONS: 1. All new signage shall be subject to City review and approval. 2. Loading activities shall take place on the north side of the building and the former drive -up donation lane located south of the building shall not be used for loading activities. 3. All uses within the building shall comply with the standards governing the odor emissions as adopted and enforced by the Minnesota Pollution Control Agency and any applicable performance standards. 4. The applicant shall adhere to any and all recommendations provided by the Public Works Department. 5. The building shall meet all applicable building and fire codes. 6. The subject site and all adjacent streets and sidewalks within 100 feet of the site shall be inspected regularly for the purposes of removing any litter found thereon. 7. No music or amplified sounds which would be audible from adjacent residential uses shall be allowed on the subject site and the site will comply. 8. All required state and local codes, permits, licenses and inspections shall be met and be in full compliance; the distribution of alcohol is limited to licensed alcohol providers. 9. Music performance may be allowed as an accessory use to the banquet hall for a party, banquet, wedding, reception, or other social events; music performances may not be the primary function. 10. Verify exterior lighting is in working order and appropriate for the site; a photometric plan shall be submitted to ensure light levels are compliant with city code and lighting will be brought into compliance if deficiencies are identified. 11. An emergency management plan is required and shall include on -site management; functioning security cameras with 30 days of digital storage and cover the parking lot, alley, main areas, and interior spaces; how the ingress/egress will be maintained; and parking lot management to ensure that odors, noise, and any on -site alcohol consumption does not occur outside of the building. Passed this 10th day of July 2023. Offered by: James Seconded by: Spriggs Roll Call: All Ayes Page 3 ff. 0 r , "I N i �►' Attest: Sara Ion, City Clerk/Council Secretary