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HomeMy WebLinkAboutFebruary 1, 2000CITY OF COLUMBIA HEIGHTS $90 40TH AVENUE N.E., COLUMBIA HE1GHTS~ MN 55421-3878 (612) 782-2800 TDD 782-2806 MEMBERS Tom P, amsdell, Chair Marlaine Szurek Kevin Hanson Ted Yehle PLANNING AND ZONING COMMISSION REGULAR MEETING 7:00 P.M. TUESDAY, FEBRUARY 1, 2000 CITY COUNCIL CHAMBERS 590 N.E. 40TM AVENUE 1. Call to Order. 2. Roll Call. 3. Minutes from the meeting of January 4, 2000, as presented in writing. NEW BUSINESS: A. Public Hearing Conditional Use Permit Case #2000-0202 B. Public Hearing Conditional Use Permit Case #2000-0203 Linder's Greenhouses, Inc. Re: 4300 Central Avenue NE Columbia Heights, MN Khalil Ismail Re: 4757 Central Avenue NE Columbia Heights, MN 5. Staff Reports. 6. Adjourn. THE CiTY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Case: 2000-0202 Page I STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE FEBRUARY 1, 2000 PUBLIC HEARING Case #: 2000-0202 Owner: Bradley Real Estate Address: 2100 N. Snelling St. Paul Phone: (651) 631-0340 GENERAL INFORMATION Applicant: Linder's Greenhouses, Inc. 275 W. Wheelock Pk St. Paul, MN 5517 (651)488-6717 Parcel Address: 4300 Central Avenue Zoning: RB - Retail Business District Comprehensive Plan: C - Commercial Surrounding Zoning and Land Uses: Zoning North: LB South: LB East: RB West: R-2 Land Use North: Commercial South: Commercial East: Commercial West: Residential BACKGROUND Explanation of Request: Mr. Peter Linder of Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow the operation of a temporary "mini garden center" (Flower Mart) and retail sales in the easterly portion of the parking lot of Central Valu Mall, 4300 Central Avenue, from April 15, 2000 through July 7, 2000. Case History: This will be the 11th year Linder's Greenhouses, Inc. will operate their greenhouse in the same location. ANALYSIS Surrounding ProperS_: The property to the north and south of the subject parcel is zoned LB, Limited Business and is used commercially. The property across Central Avenue to the east is zoned RB, Retail Business and is used commercially. The area west of Central Value Mall is zoned R-2, Single and Two Family Residential and is used residentially. Case: 2000-0202 Page 2 Technical Review: Section 9.113(2)(a) of the Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit for accessory structures. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as last year with four, six foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. A letter from Bradley Real Estate granting permission to Linder's Greenhouses, Inc. is attached. Compliance with Ci~_ Comprehensive Plan: The Land Use Plan Map designates this area of Columbia Heights for future commercial activity, including retail sales, offices, and service businesses. The proposal is consistent with the intent of the City Comprehensive Plan. Summa~_ : The positive aspects of this petition are as follows: 1. The proposal is consistent with the Columbia Heights Zoning Ordinance. 2. The proposed use has operated for each of the past eleven years over a similar time period and has operated without any significant complaints. 3. The proposal is consistent with the intent of the City Comprehensive Plan. The negative aspects of this petition are as follows: 1. There do not appear to be any negative aspects. CONCLUSION Staff Recommendation: Staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the installation of the structures on the site to ensure their removal at the end of the approved time period. Recommended Motion: Move to recommend approval of the Conditional Use Permit to allow the operation of a temporary greenhouse/retail sales at 4300 Central Avenue from April 15, 2000 through July 7, 2000, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. Attachments: Completed application form; Correspondence from Mr. Linder; Permission letter; Certificate of Insurance; Site plans; Public Notice Application For: Rezonin8 Variance Privacy Fence Conditional Use Permit Subdivision Approval- Site Plan Approval Other -CiT~-. OF:.,COLUI~BIA HEIGHTS 'APplication Date,.. Case .O, , 4oo0 D O2, Fee, I00 .00 Date Paid Street Address. of Subject Propertyt 4300. Central Ave~u'e N.E. L'egal Description of Subject Property's__. - Applicant, ' 4. Owns r t Address, 7_~00 ~~ .... ' Description of ReqUeSt, Cond}tfona{ Use Pern, it -'-~'~ ~~i2~'1~' ~ ~M~,l~-~ Zoning: Applicable City Ordinance Number Present lonlng, ~ 'present` Use '~-~(~ ~. Proposed Zoning_. ~ .. Proposed Use._~__/~..~__/~.~C~~, ~-~ 7. Reason for .Request; to allow the'operatlon;'of'a t~porary rain} qardeq .centeE..l~_t/~. ..... easterly Portion of the Parking lot ¢r~m,.'.'~&tL.~%, --,aUC~ , ~ '. t. iit~tii'submitted (maps, diasr~s,-e~c',)_' ~ ~~' : ... 9. lcknovledsment and Silnature~ ~he ~de~lisned he~ebY..~epresints .upon ill o[ the ' . Penalties of law, for the purpoS~ of ~duc~g the CitY of Columbia ~elihts to take the action herein requested, Sb_a_! ~11 state~ent~ herein are t~e and that all' ~ork herein mentioned rill be ~i~cc~rdance ~tth the~Ordinances ,of t.h~ Cit7 'of Columbia and t.he laws of th~St, ate of H~esota.~ '-. .-. : - CORPORATE OFFICES · .,- ... ~275 W. Wheelock PKwy. '- ':'"'" ~:; '~: ' '~':" (651) 488-6717 GREENHOUSES, GARDEN CENTER&'FLowER-MARTs,. 590'40th Ave NE. Attached to thiSjett~ is my apph'~nfor the 2000;L~efs'~w~'..}aar~:it .,season corr~pbnds to all the .other 'SeaSons-WhiCh We'llav.6 been at'this'lOcati})ii:: 'Wi~' ire~b to.':.'. :' ';..-~, :." _This year we are planning the exaCt same F1°wer Mart. we used last' y~! 'W6 win t~se the Same structure and matefial~ whiCh we have used in the Past. 1~ am alSO providing the Same information that.we:provided, last year.aboUt the Flower Mart: ' - · 1. There is no parking adjacem to theFlOwer Mart. we do not.allow Smoking and Place'many' :signs to that effecL smoking is' fiarmful to the pti/iits.' ' ' ' ' : ' -' - -- 2. There are four 6 foot dOors which remain open at all timei during business hours. :" -- 3. There Will be at least four fire extinguishers in the Flower Ma~t ' - amm% 4. The fl [lity information on the poly is in the enclosed matedal.~7 If you have any questions about this application pleaie call'me. IWilt addresskny iSSUes Promptly. We feel we are an asset to this community and want to grow here to meet ourcustom~s needs.. Please let me know when this item will be ~,n the agenda for'~:bnsiderat~6n, i lo0k forward to a ' successful spring season in 2000 in Columbia Heights. Any questiOnS Or Concerns please ca~l me :at 612-363-4414. - -' ' Linder's Greenhouses Inc. BRADLEY Real Estate December 2, 1999 Mr. Pete Linder Vice President Linder's Greenhouse 9075 - 15th Street, North Lake Elmo, Minnesota 55042 RE: Spring Garden Center - Central Valu Shopping Center Dear Mr. Linder: Please consider this written confirmation of your agreement with Bradley Real Estate, Inc. to host a Spring Garden Center in the front parking lot area of Central Valu Shopping Center at 4300 Central Avenue in Columbia Heights, Minnesota. We look forward to working with you in 2000. Please call me with any questions, comments, or concems at 651-631-3942. ~,~e ral Manager TE 2100 North Snelling Avenue, Roseville, MN 55113 Tel: (651) 631-0340 Fax: (651) 631-3253 5~0FLORISTS' MUTUAL INSURANCE COMPANY 0 ST LOUIS STREET vardsville, IL 62025 INSURED Linder's Greenhouses Inc 275 West Wheelock Parkway St Paul, MN 55117 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A FLORISTS' MLF~JAL INSURANCE COMPANY COMPANY B COMPANY C COMPANY D THIS IS TO CEHtIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD. INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDmONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POUCY EFFECTIVE POUCY EXPIRATION TYPE OF INSURANCE POUCY NUMBER DATE (MM/DD/YY) DATE (MM/DDfYY) LIMITS QENERAL UABIUTY GENERAL AGGREGATE $ 1,000,000 PflODUCT~COMP/OP AGG $ COMMERCIAL GENERAL LIABILITY :LAIMS MADE ~-] OCCUR OWNER'S &CONT PROT AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNED AUTOS GARAGE LIABIUTY ANY AUTO EXCES~ MABIUTY UMBRELLA FORM OTHER THAN UMBREU. A FORM WORKEP~ COMPENSATION AND EMPtOYER~' LIABIUTY THE PROPRIETOR/ I~ INCL PARTNERS/1EXECUTIVE i IEXCL~ OFFICERS ARE: OTHER BP- 03322 4494 EX 1981 4494 WCS 08062 4494 Ol/14/2ooo oi/i4/2ooo oi/14/2ooo 01/14/2001 o1/i4/2ooi 01/i4/200i 1,000,000 PERSONAL & ADV INJURY $ 500,000 EACH OCCURRENCE $ 500,000 FIRE DAMAGE (Any one fire) $ 100, 000 MED EXP (Any one ~rson) $ COMBINED SINGLE LIMIT BODILY INJURY (Per pemon) BODILY INJURY [Per accident) PROPERTY DAMAGE 2,000 $ $ AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE AGGREGATE $ X I STATUTORY LIMITS EACH ACCIDENT 3,000,000 3,000,000 $ 500,000 DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE $ 500~000 $ 500,000 DESCRIPTION OF OPERATIONS/~OCATIONSNEHICLES~SPECIAL ITEMS T~=&ry Location #10) Cent~&l Valu& ~11, 44~ ~d C~traZ Ave, Col~ia Keight~, ~ Effective: 03-15-2000 ~ 07-07-2000 ~CE~IiFtCATEHOLDER~ ~ ~ ~ ~ ~:~ ................. ~:~.~ ~::: ~ ~CANCEL~TION : ~-[ty of Columbia Heights 0 40th Avenue North East ~olumbia Heights, MN 55421 ACORD :25-S (3/93)ii::i iii GB14 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY. ITS AGENTS OR REPRESENTATIVES. AUTHOR NTA : : ¢ A RD CORPORATION 1993 '3'N 'gAY IIIlllllllllll!l~lllll III/1/1/1///??lA.'////? 'illlllllll????~yl 1{!///.~I,, //I//l',"/i -- ~J/,l l / I, II Ii/1/I/,'? 'H/II×/// L////?/ / ? IIII?IIII lllllltll '3'N '3A¥ P~e~, z '0 TO BE ATTACHED TO AND BECOME A PART O~ THAT CERTAIN LEASE AGREEMENT COVERING SPACE IN THE CENTRAL VALU MkLL SHOPPING C~NTER. m United States Testing Company, Inc. California Division' CLIENT: SUBJECT: S~ar-Tex 623~ 220~h Street Wes= Lakeville, HN 55044 NUMBER ~A $0192 FLAHRABILITy OF PO~YETHYLEN~ FIL~ Client's let=er dated 1/28/65 per Pac Lateen. ~AHPLE IDENTIFICATION= Two samples of polyethylene f~lm submit=ed and identified by the Client eet 12 4 mil 2J 6 mil T~EST JLE~UES~ AND ~THOD= Flammabilt.~v per State of California Administrative Code, Title , PUbLic S&fec7, Subcha~Cer 8, Article 4, .Section 1237.1 Fire ~arahal. CondiCionina: 70 * 2'F a~d 65 .* 2t F~lame Au.olied :_ 12 seconds Fuels_ Gas ~ix=ure B relative humidity The afterElame time shall.no= exceed two secpnds. The average length of char shall not exceed six inches. d Mgr. ~" ~.,,.. ,.~, ,,,,;...~...~- .,,,. · ~.,~,, . ~,,~ ya~.~, ....... C'..IENT. United States Testing Compm-,y, In;, California Dlvisior, LA 501~2 TEST RESULTS: S~amule 4 mil Flammabi!i=y - Small Scale Test Afte=flame, Sec. Char Len==h, In. 0.0 ~.8 0.0 4.8 0.0 6.6 0.0 5.3 0.0 5.4 Avg. 6 mil 0.0 5.9 0.0 4.7 0.0 4 ..o 0.0 5.3 0.0 4.8 COMMENTS: The ~ubmi=t~ polyethylene film samples meet '_he flammabili=y requiramen=s cf ~he Sta=e of California T£=le 19, Section 1237.1. CITY OF COLUMBIA HEIGHTS 590 40th AVENUE N.E.. COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PZA/IflVliVG A/VD ZOtVliVG CO/VIM/SS/O/If NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, February 1, 2000. The order of business is as follows: A request for a Conditional Use Permit to allow the operation of a temporary "mini greenhouse" and retail sales from the easterly lot of the Central Valu Mall, 4300 Central Avenue NE, from April 15, 2000, through July 7, 2000. Section 9.113(2) of the Retail Business section of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for accessory structures. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Joe Hollman, City Planner, at 612-782-2856. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDD/782- 2806 for deaf or hearing impaired only.) THE C~TY OP COLUMBIA HEIGHTS DOES NOT DISCRINIINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT Or THE PROVISION Of SER%ICES EQUAL OPPORTUNITY EMPLOYER Case: 2000-0203 Page: 1 Case #: Owner: Address: Phone: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE FEBRUARY 1, 2000 PUBLIC HEARING 2000-0203 Larry MacDonald 2503 Central Avenue NE Minneapolis, MN 55318 (612) 789-4989 GENERAL INFORMATION Applicant: Parcel Address: 4757 Central Avenue NE Zoning: RB, Retail Business Comprehensive Plan: C - Commercial Zoning North: RB South: RB East: RB West: City of Hilltop Surrounding Zoning and Land Uses: Khalil Ismail 4730 Central Avenue NE Columbia Heights, MN (612) 571-3190 Land Use North: Commercial South: Commercial East: Commercial West: Commercial BACKGROUND Explanation of Request: This is a request for a Conditional Use Permit to open The Gardens Restaurant in a portion of the building at 4757 Central Avenue NE. The proposed restaurant will contain approximately 70 seats. Case Histo~_ : Case 9806-26 was a request for site plan approval and a Conditional Use Permit to open a combination Subway Restaurant and TCBY in a portion of the former Peaking Palace Restaurant at 4757 Central Avenue NE. Case 9807-35 was a request for a variance to allow parking in the front yard in the RB, Retail Business District at 4757 Central Avenue NE which was approved by the City Council. Most recently, Case 9912-40 was a request to operate a day care center in this space which was approved by the City Council. However, the applicants were not able to finalize a lease agreement with the building owner. Case: 2000-0203 Page: 2 ANALYSIS Surrounding ProperS: The surrounding property on the north, south and east is zoned RB, Retail Business and is used commercially. The property to the west is in the City of Hilltop and is used commercially. Technical Review: The subject property is zoned RB, Retail Business District, and Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants in the RB District. Minimum Yard and Density Requirements are as follows: · Lot Width shall be at least 50 feet - subject parcel is approximately 163 feet wide; · Lot Area shall be at least 6,000 square feet - subject parcel is 47,713 square feet; · Front Yard Setback shall be 15 feet - existing structure exceeds this requirement; · There shall be at least one 10 foot side yard, the other side yard can be zero feet - property has one side yard of about 4.4 feet and the other exceeds the 10 foot requirement; · Rear Yard Setback shall be 10 feet - existing building exceeds this requirement; · The floor area ratio shall not exceed 1.0 - the property has a floor area ratio of approximately. 1, which meets this requirement; · Need minimum frontage of 40 feet - subject parcel has roughly 163 feet of frontage along Central Avenue. The applicant is not proposing any significant physical changes to the site, or exterior structural changes to the building. However, please note that two public exits from the space will be provided, and a new 4 foot wide concrete walk is being proposed fi.om the exit along the south wall of the building to the parking lot on the east side of the building. Parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there will be 70 seats in the restaurant which requires 23 parking spaces. There are 59 total parking spaces on the site including three handicap accessible parking spaces along the west side of the building. The Subway/TCBY requires 25 total parking spaces, so 48 spaces are required on the site. Minimum parking requirements will be met. Loading requirements are as follows: A loading berth shall be not less than 12 feet in width, 25 feet in length and 14 feet in height and, for retail sales and service stores at least one berth for each building having 2,500 - 6,000 square feet. There is a loading berth provided on the east end of the building by the service entrance. Solid waste material is required to be so located and fenced as to be removed fi.om public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. The site plan illustrates an enclosure off the east side of the building which is intended to serve both Subway and The Gardens Restaurant. This enclosure has not yet been constructed, so staff will recommend as a condition of approval that an enclosure be provided. Case: 2000-0203 Page: 3 Staffhas not seen any information pertaining to signage. Two square feet of singage is allowed for each front foot of building, so a total 92 square feet of singage is allowed. Staff will recommend as a condition of approval that all proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. The plans do not indicate that there will be any new lighting on the property, but if lighting is added, a lighting plan will need to be reviewed and approved by staff. Light can not exceed 3 foot candles at the property line. Compliance with Ci~_ Comprehensive Plan: The City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing building, so the proposal is consistent with the City Comprehensive Plan. SummarF : The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan and minimum requirements of the Zoning Ordinance are being met. 2. The proposed restaurant will provide an appropriate reuse of the vacant tenant space. The negative aspects of this proposal are as follows: 1. There does not appear to be any negative aspects. CONCLUSION Staff Recommendation: Staff recommends approval of the Conditional Use Permit to allow The Gardens Restaurant in the Retail Business District, subject to the conditions listed in the recommended motion. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation of The Gardens Restaurant at 4757 Central Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 3. Solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. Attachments: · Completed application form; Code Analysis; Floor Plans; Site Plan; and Public Notice - 61 27822857 P. 2 ~ezonin~ Variance Privacy Fence Conditional Use Permit Subdiviaion&pproval S£te Plan Approval Other Application Date case 2. Lesal Deac=iption of Subject Property: O~fler: Applicable City Ord~-n~ce. Number rese = Propose~ 8. Exl~bita Sub~it~ed {naps, .diag~aas, etc.)_. Acknovled~ment and Signature~ The undersigned hereby repreeea~s upon all of the penaltie~ of lay. fo~ the purpose ~f inducln~ ~e City ~f Cclv~b£a Hel~ht~ to take ~he action herei~ re,uss:ed, tBA~ all statements here.ina~e ~rae and --b~t a!l work herein mentioned rill be dane in accOrdauce vi~h th· Ordinances off the City of Columbia Heights and the laws o~ the State off Minnesota.' Taken By: RECEIVED .~OMMUNI'i'f DE v'ELOPMF-i~ Schematic Design Code Analysis & Drawings The GARDENS Restaurant 4757 Central Avenue NE Submitted To: City of Columbia Heights Planning and Zoning Building Inspection Issue Date: 01-14-00 James A. Strapko, Architect 4157 Minnehaha Avenue South Minneapolis, MN 55406 (612) 729-4112 BUILDING CODE ANALYSIS - 01-14-00 The GARDENS Restaurant, Columbia Heights, MN OCCUPANCY CLASS UBC Sect 303.1.1 - Group A, Division 3 Occupancy. - Dining, food or drink consumption. - 50 or more persons. - Occupant load < 300. - No legitimate stage. LOCATION ON PROPERTY UBC Sect 303.3 - Discharge on public street (through existing parking area). - Exit discharge min. 20' wide to public street (existing drive aisle). Main entrance located on exit discharge. Proposed tenant improvements do not change total area of building. Allowable area increases: not required, Table 5B. - Group A, Div 3, Type V-N: max. hr. 1 story, max. area 6000 gsf. Existing hr. 1 story/ Existing area, building 4800 + sheds 792 = 5592 gsf. South wall is approximately 4'-6" from property line, Table 5A. - No additional openings are proposed in south wall (not permitted). - Existing opening for 2nd exit is to be reused for exit. TYPE OF CONSTRUCTION Type V-N, Existing Building - footing & foundation: concrete & concrete masonry. - exterior bearing walls: concrete masonry. - roof structure: wood joists. EXTERIOR WALL AND OPENING PROTECTION, Table 5-A wall rating opening protection - North, 77+ ft none none - South, 4.5+ ft 2 hr* no openings permitted Reuse existing 2nd exit - East, 70+ ft none none - West, 67+ ft none none * Existng 12 Inch thick standard weight concrete block wall = 2 hour fire resistive period. FIRE-RESISTANT MATERIALS AND CONSTRUCTION Table 6-A, Building elements, V-N - bearing walls, exter, inter: - non-bearing walls, exter: - structural frame: - partitions: - shafts (none proposed): - floors, floor/ceilings: - exterior doors, windows: - stairway construction (none proposed): no requirement no requirement no requirement no requirement 1 hour no requirement no protection any materials BUILDING CODE ANALYSIS - 01-14-0C The GARDENS Restaurant, Columbia Heights, MN FIRE PROTECTION SYSTEMS, Ch 9 - Automatic sprinkler system not provided in existing building. - Fire extinguishing systems, UBC Sect. 904. Assembly area & unseparated kitchen. Consumption of alcoholic beverages (verify). Total area < 5000 sf, no sprinkler required. Portable fire extinguishers at: - Front entrance vestibule. - Kitchen. FIRE ALARM SYSTEMS, 305.9. - None proposed. EGRESS, Ch 10, See diagrams 20lA, 20lB, 201C. - Accessory areas, 1002.1.1 exception: Utility Room. - Occupant load factor: 15 Dining, Table 10-A: use seat count. - Occupant load > 50:2 exits required. - Occupant load calculation: 201A. - Exit distances: 201B. - Exit Separation: 201C. - Exit Discharge: 20 ft wide, see 201D. ACCESSIBILITY, Ch 11 - HC Parking, see 201D 3 HC spaces (incl. 1 Van space) existing. 1 curb cut at tenant. Max. 5 percent slope to tenant entrance. - HC Restrooms: See 201E - 1 Multi occupant men. 1 Multi occupant women. See 201A, plumbing occupant load calculation. - Accessible Path. - Single Story, no ramps or stairs. - Doors 36" wide with required clearances. TOILET ROOM FINISHES - Floor: ceramic floor tile. - Base: ceramic coved base tile. - Walls: ceramic wall tile wainscot to 54 inches. paint, eggshell finish above. GLAZING - Safety glass at: - sidelights within 24 inch radius of door. - windows and borrowed lights within 18 inches of floor. BUILDING CODE ANALYSIS - 01-14-00 The GARDENS Restaurant, Columbia Heights, MECHANICAJu, Design/Build Mechanical Plumbing documents by design/build plumbing subcontractor. Submit to City for permit. Submit as required to State Health Department. Submit as required to Metro Waste. HVAC documents by design/build HVAC subcontractor. Submit to City for permit. Fireplace: verify requirements with City. Provide gas insert in existing wood burning fireplace. - Provide flue insert as required by code. Observe requirement for no new openings in south wall. - Wood burning oven: verify requirements with City. Smoke detection required; link to hood fan. Provide makeup air to complement hood. - Note: City recommends gas in lieu of wood burners. ELECTRICAL, Design/Build Electrical - Electrical documents by design/build electrical subcontractor. - Submit to City for permit. - Provide lighting design and calculations as required. m I"%/"I )/ I Total useable area Accessory areas (utility room) Net occupied area Kitchen area Dining area 2674 nsf 33 nsf 2641 nsf 628 nsf 2013 nsf Dining area occupant load based on seats 70 seats - 70 occupants Occupant load > 50, 2 Exits Required Kitchen OCCUpant load based on area 628 nsf / 200 occ ld factor - 3 occupants Occupant load < 30, I Exit Required Plumbing occupant load based on seats 70 dining + 3 kitchen - 73 occupants Plumbing occupant load < 75 Plumbing occuDant load 26 - 75 2 fixtures male, 2 fixtures female fixture male female wc 1 + urinal 2 lay 2 2 df not provided water served at tables ~%/.'12" , I'-~" ~, 4157 !~lnnehahu Avenue South ~{inneapolis. kiN 55406 JAIMES A. STRAPKO, ARCHITECT, LTD. ARCHITECTURE ]NTERIOR DESIGN (612} 729-4112 The GARDENS Restaurant o,-x4-oo ow~ s.T REVISIONS: 201 4757 Central Avenue NE A Columbia Heiffhts. ),IN 08-~8 SE~TIN6 DINING ~TILITY Exit 46 ft ,~o west exit 1 I Exit distance ft to south exit Maximum exit distance unsprinklered: 150 ft. Maximum exit distance provided: 49 ft. (Maximum distance to nearest exit.) Exit Access 35 ft to Exit I exit to Grade Exit to Grade JAM~,M A. STRAPK0, ARCItlTECT, LTD. ARCHITECTURE INTERIOR DESIGN 4157 ~in~ehaha Avenue South llin~eapolis, lin 55406 (612) 729-4112 The GARDENS Restaurant o~-~4-oo DwG s~ RE S ONS 201 4757 Central Avenue NE B Columbia Height% .tin ROOM IN~X SEATING CA~'II£R KITCH[N Diaqonal Distance 77.2 ft 77/2 - 38.6 f= Minimum exit separation 38.6 ft £xit separation provided 58.4 fc Exit to Grade Exit to Grade 08-98 ,~ 4157 l~innehaha Avenue South ~linneapolis, ),,IN 55408 JA1MES A. STRAPKO, ARCHITECT, LTD. ARCHITECTURE INTERIOR DESIGN (612) 729-4112 IThe GARDENS 4757 Central Avenue NE Columbia Heighls. UN Restaurant MEMB£RS l#omas Ramsdel/. £hair CITY OF COLUMBIA HEIGHTS Kevin tt~n~on 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 MaSai~Szurek P[,4NNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, February 1, 2000. The order of business is as follows: A request for a Conditional Use Permit to allow the operation of The Gardens Restaurant in the Retail Business Zoning District in a portion of the building at 4757 Central Avenue N.E. The proposed restaurant will contain approximately 70 seats. Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants, tea room, bar, prepared food outlets subject to Section 9.116(15), and prepared food delivery establishments. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Joe Hollman, City Planner, at 612-782-2856. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 782-2800, extension 209, to make arrangements. (TDD/782- 2806 for deaf or hearing impaired only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT Or THE PROVISION OF SERVICES EQUAL OPPOrtUNITY EMPLOYER COMMUNITY DEVELOPMENT DATE: JANUARY 27, 2000 TO: FROM: RE: PLANNING AND ZONING COMMISSION JOE HOLLMAN, CITY PLANNER~~r ZONING TEXT AMENDMENT REGARDING AUTO SALES Issue Statement: At their regular meeting on December 7, 1999, the Columbia Heights Planning and Zoning Commission moved to direct staff to initiate the necessary process for a zoning text amendment to allow five for sale vehicles to be displayed at any time in the Central Business District as opposed to two which is currently allowed. A proposed amendment was discussed during the January meeting and the proposal was eventually denied, as the Commission decided that it would be beneficial to examine applicable regulations for auto sales in all zoning districts, not just the Central Business District. Analysis: Staff has reviewed all the sections of the Zoning Ordinance, and auto sales are allowed, as follows: CBD, Central 9.112(2)(0) (i) (ii) (iii) (iv) Business District, as a Conditional Use Permit. Car Sales/Fleet Sales/Advertisement provided that: The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. No more than two (2) cars will be permitted for such use at any time. No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. RB, Retail Business District, as a Conditional Use Permit. 9.113(2)(k) Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, provided that the following requirements are met: 1) Parking area for car sales cannot eliminate required parking spaces for primary use. 2) No more than ten (10) vehicles can be displayed for sale at any one time. 3) Traffic flow on lot, lighting, parking lot striping must be approved through the Conditional Use Permit process before approval for such operation can be granted. 4) Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. 5) All required state and local licenses must be obtained. Planning and Zoning Commission January 27, 2000 Page 2 GB, General Business District, as a Permitted Use. 9.114(1)(c) Auto and truck sales, auto repair. I-2, Industrial Business District, as a Conditional Accessory Use. 9.115A(2)(b) Auto sales, subject to the following conditions: (i) Thc use of thc property for auto sales must be accessory only to auto repair or auto reduction yards. (ii) Thc permitted and accessory uses must be on a site plan approved by thc Planning and Zoning Commission or by the City Council. (iii) An open auto sales lot must comply with the provisions of Section 9.116(14). (iv) All autos presented for sale must be parked on an impermeable to oil and water surface in good repair, such as asphalt or concrete and on parking spaces no smaller than twenty feet (20') in length by ten feet (10') in width. (v) No more than fifteen (15) cars may be available for sale at any given time. (vi) All cars offered for sale must be stored within a securely fenced area. (vii) All customer and employee parking must be located on a parking lot with a surface impermeable to oil and water, such as asphalt or concrete, said surface must be maintained in a condition of good repair. The following provides a summary of some of the issues that will need to be resolved prior to drafting an ordinance amending the various sections of the Zoning Ordinance. Parking - Staff recommends that the requirements stating that vehicles cannot eliminate required parking spaces and they must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water be consistently stated in every district that allows vehicle sales. Traffic Circulation - Staff will recommend that a site plan illustrating access aisles, parking locations for for-sale vehicles, storage areas, and other applicable features be submitted for review as part of the approval process. This will help ensure that safe traffic circulation and emergency vehicle access will be maintained. Number of Vehicles - Currently the Ordinance allows 2 vehicles to be displayed for sale in the CBD, 10 vehicles in the RB District, and 15 vehicles in the 1-2 District. There is not a limit in the GB District. As you know the requested amendment was to allow 5 vehicles to be displayed for sale in the CBD. Does the Commission want to stay with these regulations? If so, the issue of repossessed vehicles will need to be clarified. You may recall that the question was raised during the January meeting whether repossessed vehicles were counted as part of the number of vehicles allowed to be displayed for sale or if they were separate. The Ordinance does not currently address this issue. Also, by limiting the number of vehicles allowed to be displayed for sale, the Ordinance prevents a large-scale auto dealer, such as Friendly Chevrolet in Fridley, from operating in the City. Planning and Zoning Commission January 27, 2000 Page 3 Length of Time - As the Ordinance currently exists, for-sale and fleet vehicles can remain on the lot for no more than 14 days in the CBD. The other districts do not specify a length of time. Questions arise whether this should be consistent among districts and also why the 14 day requirement was initiated. What is the benefit of limiting the length of time a vehicle can be displayed for sale if the City allows only a certain number of cars to be displayed at one time? This requirement is difficult to enforce because staff does not know when vehicles are first displayed. If the Commission decides it is necessary to continue with this requirement, it may be beneficial to require that the business owner register the vehicle with the City so the length of time for its display can be monitored. Signage - The section of the Ordinance regulating auto sales in the RB District currently requires that size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. Staff has some concerns with this specific language. It states that the signage must be approved by staff, but there are no regulations on which to base an approval. Staff recommends that specific signage regulations be included in any amendment. Also, from a business perspective, only allowing signage inside a vehicle may seem restrictive as the business owners would want the for-sale vehicles to attract attention. Accessory vs. Principal Use - The 1-2 District only allows vehicle sales as an accessory use to auto repair or auto reduction yards. Should this remain a requirement? Auto sales could be a principal use in the CBD, RB and GB Districts. One condition to consider is the possibility of requiring a principal structure on the lot in which to conduct business as opposed to having a lot that is vacant of structures being used only to store and sell for- sale vehicles. Landscaping and Fencing - The 1-2 District currently requires that all cars offered for sale be stored in a securely fenced area. Should the City continue to require this, or should it be left up to the business owner? Also, Section 9.116(14) "Open Sales Lots" of the Zoning Ordinance requires that the required yard abutting a public right-of-way shall be landscaped and said landscaping shall be separated from the usable portion of the lot by a curb or fence. Is this a condition that should be required for auto sales lots in all zoning districts, and how should it apply if auto sales is not the principal use of the lot? Lighting - Section 9.116(14) "Open Sales Lots" also requires that the outdoor lighting system shall be so designed that no direct source of light is visible from the public right- of-way or adjacent land. Is this a condition that should be required for auto sales lots in all zoning districts, and how should it apply if auto sales is not the principal use of the lot? In an effort to provide a comparison of regulations, staffhas contacted the City of Fridley, and Planning and Zoning Commission January 27, 2000 Page 4 they allow "Agencies selling or displaying new and/or used motor vehicles" in their C-2, General Business District, and their C-3, General Shopping Center District, as a special use permit. As an example the following summarizes the stipulations that they imposed on their approval for Friendly Chevrolet. 1. Curbing to be installed around blacktop parking and driveway areas located in front of building. 2. Parking spaces on parking area to be marked for cars. 3. Curbing to be provided along blacktop area along Fireside Drive sometime in the future. 4. Landscape and planting to be approved by the City. 5. Slats in existing bullpen area. 6. Provide security lighting. 7. 10' radii on all blacktop comers. 8. Provide 30' planting strip directly in front of building. 9. Provide 15' planting strip along west side of 2 parking lots located to the north and south of building. 10. All remodeling to be subject to Fire Codes. Based upon the discussion that occurred during the January 4, 2000, Planning and Zoning Commission meeting, the information presented above has been assembled to be used as a basis for discussion at the February 1 meeting. Staff will be seeking direction from the Commission regarding which issues and regulations should be addressed in the Ordinance amendment prior to going through a public heating process. Attached: Staff Report for Case 2000-0101 Case: 2000-0101 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE JANUARY 4, 2000 PUBLIC HEARING Case #: 2000-0101 Not Applicable Not Applicable Owner: Address: Phone: Not Applicable GENERAL INFORMATION Applicant: Parcel Address: Not Applicable Zoning: CBD, Central Business District Comprehensive Plan: C - Commercial City of Columbia Heights 590 40th Avenue NE Columbia Heights, MN (612) 782-2856 Surrounding Zoning and Land Uses: Zoning North: Not Applicable South: Not Applicable East: Not Applicable West: Not Applicable Land Use North: Not Applicable South: Not Applicable East: Not Applicable West: Not Applicable BACKGROUND Explanation of Request: At their regular meeting on December 7, 1999, the Columbia Heights Planning and Zoning Commission moved to direct staff to initiate the necessary process for a zoning text amendment to allow five for sale vehicles to be displayed at any time in the Central Business District as opposed to two which is currently allowed. Case Histo~_ : Richard Lange, President of First Community Credit Union at 843 40th Avenue NE, has approached staff about the possibility of amending Section 9.112(2)(o) of the Columbia Heights Zoning Ordinance which regulates car sales and fleet sales in the CBD, Central Business District. Currently car sales and fleet sales are permitted as a Conditional Use Permit in the CBD. Please note that a zoning text amendment needs to be initiated by either the City Council or the Planning and Zoning Commission. First Community Credit Union currently has a Conditional Use Permit to sell vehicles from their Case: 2000-0101 Page: 2 site. Mr. Lange is requesting that the number of cars permitted for sale increase fi.om two to five. The Credit Union currently has an Auto Brokers License, but they want to receive a used car dealers license from the State. In order to receive a used car dealers license the applicant needs to have authority to display a minimum of five cars on a lot. The used car dealers license will enable the Credit Union to buy cars for their members at auto dealers auctions. The following provides a brief case history for the Credit Union property at 843 40th Avenue NE. · Case 9510-45 was a request by the Credit Union for a Conditional Use Permit to allow the operation of a two-day car sales promotion in their parking lot. This request was approved provided that no more than two, two-day car sales for members only took place per year. · Case 9601-01 was a request for a Conditional Use Permit to allow the operation of a permanent car sales lot with up to five vehicles on display in their parking lot. This request was denied because a permanent car sales lot was not allowed in the Central Business District. · Case 9603-12A was a request for an amendment to the Conditional Use Permit section of the Central Business District portion of the Zoning Ordinance that was initiated by the City Council to facilitate operation of a car sales/fleet sales for the Credit Union. The proposed amendment (Section 9.112(2)(o)) was approved. · Case 9603-12B was a request by the Credit Union for a Conditional Use Permit to allow the ongoing sale of two vehicles on their parking lot which was approved. ANALYSIS Technical Review: Section 9.112(2)(o) of the Columbia Heights Zoning Ordinance currently reads as follows. 9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (ii) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. (iii) No more than two (2) cars will be permitted for such use at any time. (iv) No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. The proposed amendment reads as follows: 9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (ii) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces and must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water, such as asphalt or concrete. (iii) No more than two-(-2-) five (5) cars will be permitted for such use at any time. (iv) No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. (v) Size, _type and style of any signage for such vehicle must be within the vehicle at all Case: 2000-0101 Page: 3 times and approved by staff. As noted previously, no more than two vehicles are permitted for sale at one time and the "for- sale" or "fleet" vehicles cannot eliminate required parking spaces. Also, Section 9.116(2)(m) of the Zoning Ordinance states that required off-street parking space in all districts shall not be used for the storage of vehicles that are for sale or for rent. First Community Credit Union currently has 17 parking spaces available on site and 15 are required, so utilizing two spaces to store for sale vehicles is consistent with zoning regulations. However, this property is located within the downtown parking district, and those non-residential parcels located in the district are not required to provide off-street parking facilities. As a result, if the number of parking spaces designated to display for-sale vehicles were increased from two to five, parking requirements will not be violated. Please note that the amended language for subpart (ii) states that vehicles must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water, such as asphalt or concrete. This will alleviate concerns about parking for-sale or fleet vehicles on-street or in one of the municipal parking ramps/lot, and it will also ensure that for-sale or fleet vehicles are parked on a hard surface. Staff has reviewed other sections of the Zoning Ordinance, and auto sales are allowed in other districts, as follows: RB, Retail Business District, as a Conditional Use Permit. 9.113(2)(k) Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, provided that the following requirements are met: 1) Parking area for car sales cannot eliminate required parking spaces for primary use. 2) No more than ten (10) vehicles can be displayed for sale at any one time. 3) Traffic flow on lot, lighting, parking lot striping must be approved through the Conditional Use Permit process before approval for such operation can be granted. 4) Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. 5) Alt required state and local licenses must be obtained. GB, General Business District, as a Permitted Use. 9.114(1)(c) Auto and track sales, auto repair. I-2, Industrial Business District, as a Conditional Accessory Use. 9.115A(2)(b) (i) (ii) (iii) (iv) Auto sales, subject to the following conditions: The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Council. An open auto sales lot must comply with the provisions of Section 9.116(14). All autos presented for sale must be parked on an impermeable to oil and water surface in good repair, such as asphalt or concrete and on parking spaces no Case: 2000-0101 Page: 4 (v) (vi) (vii) smaller than twenty feet (20') in length by ten feet (10') in width. No more than fifteen (15) cars may be available for sale at any given time. All cars offered for sale must be stored within a securely fenced area. All customer and employee parking must be located on a parking lot with a surface impermeable to oil and water, such as asphalt or concrete, said surface must be maintained in a condition of good repair. As evidenced by the information listed above, the City is somewhat inconsistent in our regulation of auto sales. Staff will recommend that this issue be reviewed in more detail as we rewrite the Zoning Ordinance. One concern is the potential impact that increasing the number of vehicles that can be displayed for sale may have on the Central Business District. As a reminder, an application for a Conditional Use Permit to allow auto/fleet sales can be made by any property owner in the District. It is not limited to the Credit Union. Car sales lots are generally not desired in a Central Business District which is typically associated with higher density retail sales and service based businesses. The question arises whether increasing the number of cars allowed for sale from two to five will have an impact on Columbia Heights' Central Business District. Compliance with Ci~_ Comprehensive Plan: The City Comprehensive Plan designates this area for future commercial development and as an area of special planning interest. The commercial designation is designed to accommodate retail sales, offices, service businesses (no outdoor storage or significant truck traffic, compatible with a retail or office environment). The Plan also states that the City should continue to promote the long-term evolution of the 40th Avenue corridor to commercial as opposed to residential. The proposal does not seem to impact the goals and objectives of the Comprehensive Plan. Summa~_ : The positive aspects of this proposal are as follows: 1. The zoning text amendment would allow First Community Credit Union to enhance their service to their customers by enabling them to receive a used car dealers license from the State of Minnesota. The negative aspects of this proposal are as follows: 1. Increasing the number of vehicles that can be displayed for sale may have a negative impact on the image of the Central Business District CONCLUSION Stqff Recommendation: Based upon the discussion that occurred during the December 7, 1999, Planning and Zoning Commission meeting, it does not appear that increasing the number of vehicles allowed for sale from two to five will be detrimental to the Central Business District. However, staffhas noted that there are some inconsistencies in our regulation of auto sales throughout the City, so staff is Case: 2000-0101 Page: 5 recommending that this issue be evaluated in more detail as the City rewrites the Zoning Ordinance. Recommended Motions: Move to recommend City Council approval of Ordinance 1404, an Ordinance amending Section 9.112(2)(0) of the Columbia Heights Zoning Ordinance. Move to direct staffto evaluate the regulations pertaining to auto sales in all zoning districts during the Zoning Ordinance rewrite process. Attachments: · Completed application form; Ordinance 1404; and, Public Notice published in December 23 edition of the Focus News .---. ORDINANCE NO. 1404 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO ZONING AMENDMENTS The City of Columbia Heights does ordain: Section 1: Section 9.112(2)(0) of Ordinance No. 853, City Code of 1977, which currently reads as follows, to wit: 9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (ii) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. (iii) No more than two (2) cars will be permitted for such use at any time. (iv) No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. Shall be repealed and hereafter be amended to read as follows: 9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (ii) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces and must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water, such as asphalt or concrete. (iii) No more than twrr(-2~ five (5) cars will be permitted for such use at any time. (iv) No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. (v) Size, type and s~le of any signage for such vehicle must be within the vehicle at all times and approved by staff. Section 2: This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. Offered by: Seconded by: Roll Call: First Reading: Second Reading: Date of Passage: Patricia Muscovitz, Deputy City Clerk Mayor Gary L. Peterson COMMUNITY DEVELOPMENT DATE: JANUARY 27, 2000 TO: FROM: RE: PLANNING AND ZONING COMMISSION JOE HOLLMAN, CITY PLANNER~/ REQUESTED ZONING TEXT AMENDMENT TO ALLOW THRIFT STORES IN THE CBD, CENTRAL BUSINESS DISTRICT Issue Statement: Staff has received a request from the owner of the Columbia Heights Mall to allow a thrift store to operate in the tenant space formerly occupied by Sylvestor's at 4069 Central Avenue NE. Note that the subject property is zoned CBD, Central Business District. Background: Currently, the Zoning Ordinance specifically states that pawn shops and the sale of used goods is allowed in the GB, General Business District, and it is not specifically stated anywhere else in the Ordinance. There are currently three other thrift stores in Columbia Heights, all of which are zoned RB, Retail Business (Savers at 4849 Central Avenue NE, Unique Thrift Store at 2201 37th Avenue NE, and Salvation Army at 3929 Central Avenue NE). However, Salvation Army was zoned CBD, Central Business District, when it was allowed to open for business. The property was rezoned to RB, Retail Business, in April, 1998. Having discussed the issue with the City Attorney, it appears that a precedent has been set which would allow the new thrift store to open in the Mall because these three businesses have been permitted in the past. Please note that there are also businesses, such as Budget Computer, that sell both new and used merchandise. Based on a literal interpretation of the Zoning Ordinance, a business that sells used merchandise is only allowed in the GB District. Analysis: Because these uses are located in the CBD and RB Districts, it may make sense to amend the Zoning Ordinance to clarify where uses such as thrift stores, consignment shops, pawn shops, and the general sale of used merchandise are allowed. There are a number of options to consider. 1. The Ordinance could remain as it is and any existing business that deals in the sale of used merchandise would be nonconforming unless it is located in the GB District. Under these circumstances, the newly proposed business would not be allowed to open in the Columbia Heights Mall. Staff does not recommend this approach because the City has historically permitted these businesses to open and operate in the CBD and RB Districts. 2. The Ordinance could be amended to allow the sale of used material as a permitted use in the CBD and RB Districts. This would bring those uses identified above into conformance, and the newly proposed thrift store would be allowed to open in the Columbia Heights Mall. If this were done and the amendment language stated that the sale of used material is permitted, any operation selling used material would be allowed Planning and Zoning Commission January 27, 2000 Page 2 o including thrift stores, pawn shops, and consignment shops, unless specifically stated otherwise. An alternative to item 2 is that the Ordinance could be amended to allow the sale of used material as a conditional use permit. If the Planning and Zoning Commission recommends this alternative, staff recommends that the current request be permitted because it was before the City prior to the amendment taking place. The Ordinance could be amended to specifically identify where thrift stores, pawn shops, and consignment shops would be allowed. This would allow the City more control over the location of the specific uses. However, it may be difficult to rationalize allowing a certain use in a particular zoning district without allowing the other uses because the land use impacts of a thrift store, pawn shop, or even a general retail store are very similar. If an amendment is the preferred option, it will need to be decided in which zoning districts the sale of used merchandise is allowed. It is currently permitted in the GB District, and there are existing businesses in both the CBD and RB Districts. Should these uses be allowed in the LB, Limited Business District, or the Industrial Districts? Staff is requesting that the Planning and Zoning Commission consider the issues identified above and provide direction as to what the next steps should be. If the Planning and Zoning Commission is interested in amending the ordinance, a formal motion should be made directing staff to initiate the process. Please note that a zoning text amendment needs to be initiated by either the City Council or the Planning and Zoning Commission. As stated above, due to past action by the City to allow the sale of used goods in the CBD and RB Districts, staff recommends that the current request for a thrift store to open in the Columbia Heights Mall be permitted. Recommended Motions: Depending on the direction provided by the Planning and Zoning Commission, staff recommends that one of the following motions be made. Please note that if the Commission determines that one of the options listed above should be pursued the first motion listed below should be modified to state which direction the amendment should take. Alternate Motion 1: Move to direct staff to initiate the necessary process for a zoning text amendment to allow the sale of used goods in the Central Business District and Retail Business District. Alternate Motion 2: Move to deny the request to allow a thrift store in the Columbia Heights Mall as it has been determined that the sale of used goods is not permitted in the Central Business District. CC: Mayor City Council City Manager CITY COUNCIL LETTER Meeting of: January 24, 2000 AGENDA SECTION: ITEMS FOR CONSIDERATION-- ORIGINATING DEPARTMENT: CITY MANAGER'S O IN OES RESOL IONS CITY AGER'S APPROV No: --I -- PERTAINING TO THE PLANNING AND ZONING DATE: 1_20_00,k.~.2~v---~DATE COMMISSION NO: I,~" Attached is Ordinance No. 1407, pertaining to the Planning and Zoning Commission. The proposed ordinance removes councilmembers from serving as voting members on such commission. The councilmember currently serving on this commission as a voting member may continue to serve in that capacity until a citizen (replacement) is appointed. Moreover, once that occurs, a councilmember may serve as a liaison to the commission. According to the City Attorney, there is no need to include specific language in the ordinance addressing these issues. RECOMMENDED MOTION: Move to waive the reading of Ordinance No. 1407, there being ample copies available for the public. RECOMMENDED MOTION: Move to schedule the second reading of Ordinance No. 1407 for February 14, 2000, at approximately 7:00 p.m. COUNCIL ACTION: ORDINANCE NO. 1407 BEING AN ORDINANCE AMENDING ORDINANCE NO. 853, CITY CODE OF 1977, PERTAINING TO THE PLANNING AND ZONING COMMISSION The City of Columbia Heights does ordain: Chapter 3, Article III, Section 6, Subsection 3.306(1), which cun'ently reads as follows, to wit: 3.306(1) A Planning and Zoning Commission is hereby established which shall consist of five members to be organized as follows: (a) Four members shall be appointed by the Council and may be removed by a four-fifths vote of the Council. One member shall be designated by the Council from among its membership, who shall serve at the will of the Council. The City Engineer, Zoning Administrator, Building Official and City Attorney shall serve as ex-officio members of the Commission. The four appointed members shall serve for a term of four years to be staggered so that the term of one member shall expire each year. The Council member shall serve for the term of his elective office. Every appointed member shall take an oath that he will faithfully discharge the duties of office. (c) The Commission shall elect a Chairman from among its membership. The Secretary need not be designated from the Commission membership. is hereby amended to read as follows: 3.306(1) A Planning and Zoning Commission is hereby established which shall consist of five members to be organized as follows: (a) The members shall be appointed by the Council and may be removed by a four-fifths vote of the Council. The City Engineer, Zoning Administrator, Building Official and City Attomey shall serve as ex- officio members of the Commission. The appointed members shall serve for a term of four years to be staggered so that the term of one member shall expire each year. Every member shall take an oath that he/she will faithfully discharge the duties of office. (c) The Commission shall elect a Chairperson from among its membership. The Secretary need not be designated from the Commission membership. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading: Date of Passage: January 24, 2000 Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk