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HomeMy WebLinkAboutSeptember 5, 2000CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 IH£MBER$ Tom R~m~l~. K~in Hanson Tml ~t~p~n · Joh~on Tn~rn PLANNING AND ZONING COMMISSION REGULAR MEETING 7:00 P.M. TUESOAY, SEPTEMBER 5, 2000 CITY COUNCIL CHAMBERS 590 N.E. 40T" AVENUE Roll Call Minutes from the Planning and Zoning Commission meeting of August 8, 2000. New Business: A. Public Hearing Conditional Use Permit Case//2000-0922 B. Public Hearing Variance Case//2000-0923 C. Public Hearing Two Variances Case//2000-0924 D. Public Hearing CUP/Site Plan Case//2000-925 HAW Enterprises RE: 5101 University Ave. N.E. Columbia Heights, Mn. St. Timothy's Lutheran Church 825 N.E. 51" Avenue Columbia Heights, Mn. Wendy Howell 3711 Van Buren St. N.E. Columbia Heights, Mn. Wendy's International Inc. 5050 Central Ave. N.E. Columbia Heights, Mn. 4. Staff Reports. 5. 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: 2000-0922 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE SEPTEMBER 5, 2000 PUBLIC HEARING Case #: 2000-0922 GENERAL INFORMATION Owner: 30 Minute Auto Service Applicant: Jeffery Bauer Address: 5101 University Avenue NE Columbia Heights, MN 55421 (763) 586-9797 Parcel Address: 5101 University Avenue NE Zoning: RB Retail Business District Comprehensive Plan: C - Commercial Surrounding Zoning and Land Uses: Zoning North: RB; R-3 Land Use North: Residential; Commercial South: RB South:Commercial East: R-2 East: Residential West: City of Fridley West: City of Fridley BACKGROUND Explanation of Request: The applicant requests a Conditional Use Permit to allow for a new owner/operator to conduct motor vehicle sales and auto repair at the current 30 Minute Auto site. Case Histo~: A prior conditional use permit was issued to James Eng in September 1996 to allow for used motor vehicle sales in conjunction with an Auto Repair Business. ANALYSIS Surrounding ProperS_: The surrounding property to the north and south is zoned as RB and is used commercially. The property to the east is zoned as R-2 and is used residentially. The property to the south is in the Case: 2000-0922 Page: 2 City of Fridley. Technical Review: According to Section 9.113(2)(g) of the Columbia Heights Zoning Ordinance, a Conditional Use Permit is required for "Motor fuel stations (minor) and major fuel stations with minor repairs (not to exceed four bays) subject to Section 9.103(63)." According to Section 9.113(2)(k) of the Retail Business Section of the Zoning Ordinance states that a Conditional Use Permit is required for "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 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 vehicle at all times and approved by staff; 5. All required state and local licenses must be obtained". The applicant is not proposing any significant changes to the site. The site has functioned as a auto repair business and sales lot for some time, and as such will not change with this proposal. The auto repair business currently operates three service bays, and is approved for sales of ten vehicles. The new business would only maintain what is currently operating. The new owner/operator is also a certified ASE Auto Technician. According to 9.116(18); Motor fuel stations in all districts shall be subject to the following standards: The setback of any canopy or weather protection, freestanding or projecting from the station structure shall not be less than ten (10) feet from the street right-of-way line nor less than twenty (20) feet from an abutting property line. The existing canopy meets and exceeds these requirements. The sale or rent of motor vehicles, trailers, campers, boats, and other items which are not kept entirely within the building shall require an approved open sales lot. Used car sales are proposed and the existing sales lot had prior conditional use approval. A minimum ten (10) foot landscaped yard shall be provided along all abutting public right-of-way lines, except where approved driveways occur. This requirement is met. All goods offered for sale on the motor fuel station site other than those generally required for the operation and maintenance of motor vehicles shall be stored, sold and displayed within a building. This requirement will be met. All trash, waste material and unwanted motor vehicle parts shall be stored within a separate enclosure behind the building. The trash is currently stored in an enclosure Case: 2000-0922 Page: 3 behind the building. All outside parking spaces shall be located to the side and/or rear of the principal building. The parking arrangements shall continue as they exist today and per site plan submitted. The parking proposed exceeds the requirements of the ordinance. The outside lighting system shall be approved by the City and shall be so designed to prevent any undue light therefrom being directly visible from the public right-of-way or abutting lots. The new owners are not proposing any changes to lighting, as the lot is currently lit during the evenings for security purposes, and does not shine onto adjacent residential properties. Wherever a motor fuel station abuts an "R" District, a fence not less than fifty (50) percent opaque nor less than six (6) feet high shall be erected and maintained along the side and rear property line that abuts the "R" District. There is currently a privacy fence for separation from the residential properties to the east approximately six feet in height. Minor motor fuel station shall have two service stalls, one of which may have an automatic or semi-automatic auto wash installed, provided the station can accommodate six (6) off-street parking spaces in addition to those required herein. The entrance doors for the service stalls shall not face toward the principal street on which the station is located. This station currently has three (3) service stalls, and has twenty-eight (28) + off- street parking spaces. The existing service stalls face toward the frontage road as the building is considered legal non-conforming. Access or ingress curb cuts to a motor fuel station shall not be less than fifty (50) feet from the curb line intersection on secondary thoroughfares and eighty (80) feet on major thoroughfares. No curb cuts are proposed as curb cuts are existing. The Zoning Ordinance requires that this business provide at least twelve (12) parking spaces on site. According to the site plan, there are thirty-five (35) + off-street parking spaces, of which seven (7) spaces will be used for the display of used vehicle sales. The vehicles for sale will be located at the front of the lot facing 51st Avenue and University Avenue, thereby maintaining consistency in appearance. Staff will require that the vehicles for sale display their signage and identification in the vehicle at all times. Staff has visited the site and has relatively few concerns as the current type of business will not change. There is also adequate ingress and egress on site and off-street parking exceeds requirements. Compliance with Ci~_ Comprehensive Plan: The City Comprehensive Plan designates this area for commercial use. The proposal should not negatively impact any nearby residential areas as the current use will continue and will be consistent with the City Comprehensive Plan. Case: 2000-0922 Page: 4 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 met as the current use will be continued. The negative aspects of this proposal are as follows: 1. There do not appear to be any negative aspects to this proposal provided the applicant complies with required conditions. CONCLUSION Sta__ff Recommendation: Staff recommends approval of the Conditional Use Permit to allow the new owner/operator of 30 Minute Auto at 5101 University Avenue NE, to continue operations of auto repair and used vehicle sales. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow for auto repair and used vehicle sales to continue, 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 screening requirements of the Zoning Ordinance for fencing and trash enclosure shall be in compliance. 3. Used vehicle sales shall be limited to a maximum often (10) vehicles, and vehicle signage must be displayed within vehicles at all times. Attachments: Area Map; Completed application form; site plan; public notice; narrative H:\Tim's filesX2000 P&Z Comm~2000-092230MntAutoCUP Case: 2000-0923 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE SEPTEMBER 5, 2000 PUBLIC HEARING Case #: 2000-0923 GENERAL INFORMATION St. Timothy's Lutheran Church 825 51st Avenue NE Columbia Heights, MN 55421 571-9721 Owner: Address: Phone: Parcel Address: 825 51st Avenue NE Zoning: R-3, Multi-Family Comprehensive Plan: C, Commercial Land Use for current Comp. Plan Applicant: Same Surrounding Zoning and Land Uses: North: Zoning RB (Retail Business) Land Use North: Commercial South: R-l, R-2 South: Residential East: RB (Retail Business) East: Residential; Commercial West: Park West: Park (tennis courts) BACKGROUND Explanation o_f Request: St. Timothy's Lutheran Church is proposing to place an new electric lighted monument type sign measuring thirty-two (32) square feet, nine (9) feet from the front property line at the location above. This sign is being proposed to replace a prior sign that was destroyed by a vehicle in 1997. The prior sign was approximately 8.4 feet from the front property line facing 51st Avenue. A variance of twenty-one (21) feet is being requested to allow for the proposed sign to be placed nine (9) feet from the front property line, as the ordinance requires a thirty (30) foot setback for freestanding signage. The ordinance in question is 9.117A(13), which requires that freestanding signs meet the same setbacks as structures from their respective property lines. The purpose of this request is to install attractive ground level monument type church signage that will be visible to passing vehicles. Case Histo~: There were some previous Planning and Zoning Commission cases at this site. There was a prior Case: 2000-0923 Page: 2 rezoning, a lot split, a conditional use permit, and a site plan review done in 1997. However, none are relevant to this request. ANALYSIS Surrounding ProperS_: The surrounding property to the north and east is zoned Commercial and is used for Commercial purposes. The surrounding property on the south is zoned both as R-1 (single-family), and R-2 (two-family), and is used residentially. The property on the west is zoned as Parks, and is used as a Park. Technical Review: Freestanding Signs are regulated under Section 9.117A(7) of the Zoning Ordinance. Requirements are as follows. · One institutional sign not to exceed thirty-two (32) square feet per surface and limited to two (2) surfaces. The proposed sign which is thirty-two (32) square feet meets this requirement. · The maximum height of a sign, including its structures, shall not exceed eight (8) feet above the grade at street level, or at the base of the sign, whichever is higher. This requirement will be met as the height will be approximately six (6) feet above grade. · Front yard setback shall be a minimum of 30 feet from front property line. The proposed sign will be nine (9) feet from the front property line. · The minimum front yard requirements for freestanding signs shall be the same as that required for any other structure within the zone where such sign is located. The proposed sign will be setback nine (9) feet from the front property line. · All illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. The sign will be illuminated and shielded. · No animated signs shall be permitted. None proposed. With the exception of the front yard setback requirement, the proposal meets the minimum requirements of the Zoning Ordinance. As mentioned above, the prior freestanding sign was setback at 8.4 feet from property line before it was destroyed by a vehicle in 1997. The prior sign was also further west from where the proposed sign will be placed (see survey site plan). Section 9.105(3)(d) states the following "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in using his lot in a manner customary and legally permissible within the rules of the zoning district." Staff has visited the site and believes that a hardship exists in relation to the placement of the sign. The sign could be placed on the site to meet the thirty (30) foot setback, but by so doing would put the sign in the parking lot. A monument type sign would obviously not be conducive in this location, and would also interfere with existing parking stalls. The sign would appear to Case: 2000-0923 Page: 3 be somewhat obstructed by a row of trees to the east of the proposed sign. There appear to be circumstances unique to the situation whereby a variance could be granted and a hardship could be established. Staff has also researched numerous other City Sign Ordinances and found a typical sign setback of ten feet for institutions in residential neighborhoods. With the Zoning Ordinance rewrite, this monument type sign proposed would be a nice enhancement to the property, and would provide needed visibility for passing vehicles. As mentioned above, hardship needs to be established for a variance to be granted. Section 9.105(3)(d) of the Zoning Ordinance also states that the Commission shall hear requests for variances from the literal provisions of this Ordinance in instances where their "strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration and to recommend variances only when it is demonstrated that such action will be in keeping with the spirit and intent of this Ordinance". Section 1 of the Zoning Ordinance identifies the intent and purpose of the Ordinance. Four of the purpose statements are identified below: · protecting the public health, safety, and general welfare; · dividing the City into zones and districts restricting and regulating therein the location, height, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, and the density and distribution of population; · providing adequate light, air, and convenience of access to property; and, · preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to surrounding land and buildings. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future Commercial Development. The proposal does not impact the goals and objectives of the City Comprehensive Plan. Summa~_ : The positive aspects of this proposal are as follows: 1. The proposal will allow for a freestanding monument type sign to be completely visible to passing vehicles. 2. The proposed freestanding monument ground sign will be aesthetically and architecturally appealing. The negative aspects of this proposal are as follows: 1. The proposed sign will intrude into the required setback area. CONCLUSION Case: 2000-0923 Page: 4 Staff Recommendation: Staff recommends approval of the variance request, but recommends that the proposed freestanding sign be placed a minimum of ten (10) feet from front property line, rather than the nine (9) feet proposed. This proposal appears to be in keeping with the spirit and intent of the ordinance, and is consistent with other cities sign ordinances. Staff has spoken with church staff and informed them of staff recommendation. Staff has received no objections to this request as yet. Recommended Motion: Move to recommend City Council approval of a twenty (20) foot variance request as a hardship exists for placement of the proposed sign, and the proposal is in keeping with the spirit and intent of the ordinance. Attachments: · Completed application form; Applicant Narrative; Site Survey Plan; Plat Map; and Public Notice; Sign schematic Case: 2000-0924 Page: 1 STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE SEPTEMBER 5, 2000 PUBLIC HEARING Case #: 2000-0924 GENERAL INFORMATION James Stoss/Wendy Howell 3711 Van Buren Street NE Columbia Heights, MN (763) 788-8555 Owner: Address: Phone: Parcel Address: 3711 Van Buren Street NE Zoning: R-3, Multi-Family Residential Comprehensive Plan: LDR, Low Density Residential Applicant: Same Surrounding Zoning and Land Uses: Zoning North: R-3 South: R-3 East: RB West: R-3 Land Use North: Residential South: Residential East: Commercial West: Residential BACKGROUND Explanation qf Request: The applicant is proposing to build a detached garage measuring 24 feet wide by 26 feet deep (624 square feet) at the location above. A variance is being requested to allow for the proposed garage to be built fifteen (15) feet from the rear property line abutting the alley, with the ordinance requiring twenty (20) feet. An additional variance is being proposed to allow for the proposed garage to be built eighteen (18) feet in height, exceeding the fifteen (15) foot height requirement. The proposed garage would face the east or towards the alley. The ordinance in question is 9.104(5), which requires garages to be set back a minimum distance of twenty (20) feet from property line when the garage doors face a street or alley, and also requires that accessory structures not exceed fifteen (15) feet in height as measured to the highest point. The garage as proposed would infringe five (5) feet into the required setback area. The existing house occupies 881 square feet of property, with the proposed detached garage occupying an additional 624 square feet. The total amount of lot coverage proposed with the addition of the detached garage would be 1,505 square feet. Ordinance 9.104(5) allows for a maximum lot coverage of up Case: 2000-0924 Page: 2 to 35% for lots 6,500 square feet or less. The lot which measures approximately 5,150 square feet has a maximum lot coverage of 1,802 square feet. This proposal meets lot coverage requirements. Case Histo~_ : There are no pertinent zoning cases on the lot. But the adjacent property at 3713 Van Buren was granted a similar type garage variance in 1987 to build 14 feet from the rear lot line, and a variance to build the garage at approximately 22 feet high. ANALYSIS Surrounding ProperS_: The surrounding property to the north, south, and west is zoned R-3, Multi-Family Residential, and is used residentially. The property to the east is zoned RB, Retail Business and is used commercially. Technical Review: Accessory structures are regulated under Section 9.104(5) of the Zoning Ordinance. Requirements are as follows. · No accessory structure shall exceed the height of the principal structure or fifteen (15) feet, whichever is less - the height of the garage will exceed this requirement. The east end of the garage would be approximately eighteen (18) feet high, and the west end of the garage would be approximately sixteen (16) feet high. This proposal requires a three (3) foot height variance. · No accessory structure or combination of accessory structures shall exceed 1,000 square feet - the proposed detached garage covers 624 square feet - meeting requirements · Any lot at or under 6,500 square feet in size may have a lot coverage of up to 35% - the lot is 5,150 square feet. The maximum allowable lot coverage for this lot is 1,802 square feet. This proposal would cover 1,505 square feet. This proposal meets lot coverages. · Detached accessory structures must be six (6) feet or more from the principal structure - the proposed detached garage will be approximately twenty (20) feet away from the principal structure. · Whenever a garage is designed so that the vehicle entry door is facing a street or alley, the distance between the door and the lot line shall be 20 feet or more - the proposed detached two-car garage will be placed fit~een (15) feet from the rear lot line, with the garage doors facing the alley. The proposal requires a five (5) foot variance. Staff has visited the site and believes that a hardship exists with relation to the topography of the site, which limits where and how a garage could be built without reasonable difficulty. There is an existing one-car detached garage as shown on site survey, which will be removed and replaced with an uncovered carport. Staff has looked at possible options for building a garage to fit within the setback and height parameters. The proposed garage could be placed further back towards the house to meet the setback from alley. However, because of the topography of the Case: 2000-0924 Page: 3 lot, which drops 3 + feet on the alley side, this would mean excavating and removing a large amount of dirt, which could require retaining walls for support. Staff believes that there is a topographic hardship present, however, a fifteen (15) foot setback from garage doors to property line could potentially pose some concerns. Staffhas concerns about vehicles parking in front of the proposed garage, as a fifteen (15) foot setback would place some vehicles in or near the fight- of-way. The proposed variance also poses some slight safety concerns as the existing alley generates quite a bit of traffic from many adjacent businesses who use the alley for ingress and egress. Staffbelieves that anything closer than fifteen (15) feet could be very problematic for winter maintenance crews. However the outcome, the proposed two-car garage would intend to complement the property, and provide necessary storage space for the owners. The proposal would be improving on the current situation. As mentioned above, a height variance is also being requested to allow for the proposed garage to be a maximum of eighteen (18) feet in height on the east end of the garage, and sixteen (16) feet in height on the west end at grade. The owners are hoping to build a barn style shaped garage to match the existing house. The additional height requested would be used for an attic style storage area. Staff has reviewed this request and believes that this proposal would intend to complement the property and would be compatible with the existing stucco house. However, staff sees no hardship present as to why the owners can't comply with the fifteen (15) foot height maximum. City Building Official Mel Collova has also reviewed this request and doesn't believe that a hardship exists either. A two-car garage could be built to meet the ordinance. However, without the height variance, the owners probably couldn't build a barn style garage to match the house. This barn style shape also creates additional storage space above. As mentioned above, hardship needs to be established or circumstances unique to the property in question need to be established in order for a variance to be granted. Section 9.105(3)(d) of the Zoning Ordinance also states that the Commission shall hear requests for variances from the literal provisions of this Ordinance in instances where their "strict enforcement would cause undue hardship because of circumstances unique to the individual property under consideration and to recommend variances only when it is demonstrated that such action will be in keeping with the spirit and intent of this Ordinance". Section 1 of the Zoning Ordinance identifies the intent and purpose of the Ordinance. Four of the purpose statements are identified below: · protecting the public health, safety, and general welfare; · dividing the City into zones and districts restricting and regulating therein the location, height, number of stories, size of buildings and other structures, the percentage of lot which may be occupied, the size of yards and other open spaces, and the density and distribution of population; · providing adequate light, air, and convenience of access to property; and, · preventing overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them. Case: 2000-0924 Page: 4 Compliance with Ci~_ Comprehensive Plan: The City Comprehensive Plan designates this area for future Low Density Residential Development. The proposal does not appear to impact the goals and objectives of the City Comprehensive Plan. Summa~_ : The positive aspects of this proposal are as follows: 1. The proposal will create covered and secured off-street parking for two vehicles, which will help to enhance the character of the residential neighborhood, and provide additional off-street parking and storage space for the owners. The negative aspects of this proposal are as follows: 1. The proposal would infringe 5 feet into the setback area for garages with doors facing an alley. 2. The proposed garage height of eighteen (18) feet will exceed the maximum height requirement of fifteen (15) feet; and no hardship is shown as to why the garage can't be built to meet this requirement. CONCLUSION Stqff Recommendation: Staff recommends approval of the variance request for a five (5) foot setback because there does appear to be a topographic hardship on which to base approval. The proposal appears to be in keeping with the spirit and intent of the ordinance. From staffreviewal, lot coverages will be met, the property will not be overcrowded, and adequate light, air, and convenient access to the property will be maintained and improved upon. However, staff recommends denial of the height variance request for an additional three (3) feet in height above the fifteen (15) foot requirement, as the owners have not provided a legitimate hardship and the ordinance could be met. Recommended Motion: Move to recommend City Council approval of the five (5) foot setback variance request to construct a 24 foot by 26 foot detached garage facing the alley at 3711 Van Buren Street NE due to topographic hardship, and the proposal is in keeping with the spirit and intent of the ordinance. Recommended Motion: Move to recommend City Council denial of the three (3) foot height variance request to construct a 24 foot by 26 foot detached garage due to lack of hardship, as the owners could build a garage to meet the requirements. Alternative Motion: Move to recommend City Council approval of the three (3) foot height variance request to construct a 24 foot by 26 foot detached garage as the proposal would be consistent with other Case: 2000-0924 Page: 5 garages in the alley, and would be consistent with the style of the house. Attachments: -Completed application form; Site Survey Plan; Applicant narrative; Pictures; and Public Notice Case: 2000-0925 Page: 1 Case #: Owner: Address: Phone: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE SEPTEMBER 5, 2000 PUBLIC HEARING 2000-0925 GENERAL INFORMATION Wendy's Intemational 5050 Central Avenue NE Columbia Heights, MN 55421 (913) 384-3180 Applicant: Vicki VanDell Landform Engineering 510 First Avenue North Mpls, MN 55403 Parcel Address: 5050 Central Avenue NE Zoning: RB, Retail Business Comprehensive Plan: C - Commercial Surrounding Zoning and Land Uses: Zoning North: RB South: RB East: RB West: R-2 Land Use North: Commercial South: Commercial East: Commercial West: Residential BACKGROUND Explanation of Request: This is a request for a Conditional Use Permit to open a Wendy's Fast Food Restaurant in the former Boston Market building at 5050 Central Avenue NE. The proposed restaurant will contain approximately 88 seats and will be open from 10:00 am till 10:00 pm and a drive-thru open until midnight daily. Case Histo~_ ; Case 9504-12 was a request for Site Plan approval and a Conditional Use Permit to build a Boston Market Restaurant at 5050 Central Avenue NE. The most recent proposal was to convert this space into a Golden China Restaurant in March 2000, but was withdrawn by the applicant. ANALYSIS Case: 2000-0925 Page: 2 Surrounding Proper_tv: The surrounding property on the north, south and east is zoned RB, Retail Business and is used commercially. The property to the west is residential and is zoned residentially. 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 - The subject parcel is approximately 165 feet in width. · Lot Area shall be at least 6,000 square feet - The subject parcel is 34,650 square feet. · Front Yard Setback shall be 15 feet - The existing structure is approximately fifty three feet from front property line. · There shall be at least one 10 foot side yard, the other side yard can be zero feet - Both side yard setbacks are approximately forty + feet from property line. · Rear Yard Setback shall be 10 feet - The existing building is approximately fifty feet fi'om rear property line. · The floor area ratio shall not exceed 1.0 - the property does not exceed this requirement. · Need minimum frontage of 40 feet - subject parcel has roughly 165 feet of frontage along Central Avenue. · Lighting shall not exceed 3 foot candles at property line. Though the current site exceeds this limit, a former Site Plan Approval allowed for it in 1995. The applicant is not proposing any significant structural changes, however there will be exterior changes made to the building as they pertain to redesign. There will be an additional pay window added, as well as repair of broken curb and pavement, along with seal-coating and re-striping. The existing fence that sits on the rear of the property will be repaired and/or replaced. The applicants are also proposing to erect a freestanding sign measuring approximately seventy (70) square feet on an existing pole in the fi-ont of the building. There will also be small directional signage installed for entrance, exit, and pick-up window. 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 88 seats in the restaurant which requires 29 parking spaces. There are a total of 41 parking spaces on the site including two handicap accessible parking spaces with an access aisle located on the north side of the building. However, the access aisle shown on the site plan will need to be adjusted to eight feet in accordance with disability requirements, and signage will also need to be posted in front of these handicap spaces. Loading requirements are as follows: A loading berth shall not be 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 west side of the building. Solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained for such purposes. The site plan shows an existing enclosure on the north west side of the building Case: 2000-0925 Page: 3 which Wendy's will continue to use. The Site Plans submitted also show a lighting plan which utilizes existing poles. A landscaping plan has also been submitted showing ornamental trees, deciduous shrubs, and coniferous shrubs (see plans). The current Zoning Ordinance does not address minimum landscaping standards for commercial sites. Staffhas received two phone calls from adjacent neighbors regarding the existing fence abutting the residential properties to the west. It appears that the fence is in a state of disrepair, and the neighbors wanted to make sure it was fixed. Staff assured them that this would be a condition of approval. 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 should 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. Summa~_ : 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 do not appear to be any negative aspects to this request assuming conditions are met. CONCLUSION Stqff Recommendation: Staff recommends approval of the Conditional Use Permit to allow for a Wendy's Restaurant in the Retail Business District, subject to the conditions listed in the recommended motion. These Site Plans have been reviewed by the Fire Department and Public Works, and there appear to be no major concems. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation of a Wendy's Restaurant at 5050 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 Case: 2000-0925 Page: 4 and shall be kept in an enclosed building or properly contained in a closed container for such purposes. 4. The cedar fence on the rear of the property shall be rebuilt or replaced to maintain separation from residential properties to buffer from noise and maintain aesthetics. Attachments: · Completed application form; Floor Plans; Sign schematics; Site Plans; Nan'ative; and Public Notice DATE: TO: FROM: RE: COMMUNITY DEVELOPMENT SEPTEMBER 1, 2000 PLANNING AND ZONING COMMISSION TIM JOHNSON, CITY PLANNER TOWER ORDINANCE As you know, the City of Columbia Heights has been involved in an extensive process to update the City Zoning Ordinance. Legal consultant Steve Guzetta has prepared a Tower Siting Draf~ Ordinance which will be eventually incorporated into the new Zoning Ordinance. This Draft Ordinance has been included in your packets for your review for the September Planning Commission meeting. The City Council recently extended the moratorium on Telecommunications and Antennae from September 7, 2000 until December 7, 2000 in an effort to give staff, consultants, and relevant boards ample time to review a Tower Ordinance that will become a part of the Zoning Ordinance. Staffwould like the Commission members to review the Draft Tower Ordinance and address any relevant concerns or issues at the September meeting. However, the proposed ordinance is quite lengthy at 31 pages, and might require an additional work session or meeting to review.