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HomeMy WebLinkAboutOctober 3, 2000CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421 -3878 (612) 782-2800 TDD 782-2806 MEafJ'J:8$ Tom ~m~ll, Chab ~p~n [ Johnson T~r~ E~on PLANNING AND ZONING COMMISSION REGULAR MEETING 7:00 P.M. TUESDAY, OCTOBER 3, 2000 CITY COUNCIL CHAMBERS 590 N.E. 40T" AVENUE Roll Call Minutes from the Planning and Zoning Commission meeting of September 5, 2000. New Business: A. Public Hearing Conditional Use Permit Case//2000-1026 Frattalones Ace Hardware 2261 N.E. 37th Place Columbia Heights, Mn. Staff Reports: Review of Proposed Tower Ordinance. Adjourn. 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: September 28, 2000 TO: Planning and Zoning Commission Members FROM: Tim Johnson, City Planner DraR 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 Sitting Drat~ Ordinance for the City which will be eventually incorporated into the new Zoning Ordinance. This draf~ ordinance was included in your packets for your review for the September Planning Commission meeting. At the September meeting we briefly discussed the draR proposal. At our upcoming meeting we will need to review the ordinance in detail and make corrections, suggestions, and identify any issues before adoption. As you know, 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 and draf~ a Tower Ordinance that will become a part of the Zoning Ordinance. Please contact me if you no longer have a copy of the Draf~ Tower Ordinance and I will be happy to make another copy for you so that everyone can participate on Tuesday, October 3, 2000 at 7:00 p.m. Case: 2000-1026 Page I STAFF REPORT TO TFIE PLANNING AND ZONING COMMISSION FOR THE OCTOBER 3, 2000 PUBLIC HEARING Case #: 2000-1026 Owner: Larry Frattallone Address: Arden Hills, MN Phone: (651) 484-3327 Parcel Address: 2261 37th Ave. NE Zoning: RB - Retail Business District C - Commercial Comprehensive Plan: Zoning North: R-3 South: RB East: RB & LB West: RB Surrounding Zoning and Land Uses: GENERAL INFORMATION Applicant: Ace Hardware 2261 37th Ave. NE Columbia Heights (612) 788-9455 Land Use North: Multi-family residential South: Vacant East: Commercial West: Commercial BACKGROUND Explanation of Request: Dan' Terzich, Manager of Ace Hardware, is requesting a Conditional Use Permit to allow for the oPeration of a Christmas Tree Sales Lot to be located on the far east side of the parking lot at 2261 37th Ave. NE fi:om November 15, 2000 through December 31, 2000. Approximately seven (7) parking spaces would be used for sales directly in front of the Ace Hardware store. Case Histo~_ : Frattalone's Ace Hardware has operated seasonal greenhouses on this property for the last 8 years. ANALYSIS Surrounding Proper_ry: RB Retail Business is the existing zoning on the subject parcel and on property to the south, east, and west. The zoning to the north of the subject parcel is zoned R-3, Multiple Family Case: 2000-1026 Page 2 Residential, and is used for multi-family residential purposes. The area east across McKinley Street is zoned both RB, Retail Business, and LB, Limited Business, and is used commercially. Property south of the subject parcel within Columbia Heights is used as open space by the Lion's Club and is zoned RB, Retail Business. The proposed use will be consistent with the character of the surrounding property. Technical Review: The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and the property will still meet minimum parking requirements after the placement of the tree display area over seven parking spaces. According to Section 9.113(2)(a) of the Zoning Ordinance, open sales lots are only allowed as a Conditional Use within any "RB" Business District. The proposal is consistent with zoning regulations. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. Compliance with Cit~ 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 and Comprehensive Plan. 2. Similar type uses have operated for each of the past eight years on a seasonal basis. CONCLUSION Sta__ff'Recommendation: Staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the display of trees on the site to ensure their removal at the end of the approved time period. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow the operation ora Christmas Tree display area at 2261 37~ Avenue NE fi.om November 15, 2000, through December 31, 2000, subject to the following condition: 1. A $500 deposit- shall be submitted to the License/Permit Clerk prior to display of trees on the lot. Attachments: Completed Application Form; Site Plan; Site Map; and, Public Notice ~--Applicat£on For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other CITY OF COLUMBIA HEIGHTS 1. Street Address of Subject Property: 2. 'Legal Description of Subject Property: 2261 N.E. 37th Avenue Applicant: Description of Request: Conditional Use Permit Zoning: Applicable City Ordinance Number Present Zoning. Present Use Section Proposed Zoning. Proposed Use Reason for Request: To al low the operation of a Christmas Tree Sales Lot in thc 8. Exhibits Submitted (naps, diagrams, etc.). o Acknowledgment and Si~nature: The undersi~ned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done accordance with the Ordinances of the City of Columbia Heights Signature of Applicant, '~--'/~~"~ Date, Taken By: Amended by Ordinance #1377 Dated October 12, 1998 SECTION 6 5.206(1) 5.2O6(2) 5.208(3) 5.206(4) 5.206(5) 5.206(6) 5.206(7) CHRISTMAS TREE SALES No person shall for consideration, trade, barter or sell'at retail any cut evergreen, fir, spruce or other tree for use as a decorative Christmas tree without a license issued pursuant to the provisions of this Chapter. No person shall be licensed to operate an open sales lot pursuant to this section unless such applicant has first obtained a Conditional Use Permit to operate Such a Iotl Licenses shall be issued for a period of three months commencing on October 1st of each year and expiring on December 31st of each year, notwithstanding 5.103(1)(a) of this Code. The City Council may refer the application to the Chief of the Fire Department for recommendation prior to taking action on the license application. Prior to the issuance of a license by the Clerk, the license applicant shall deposit with the City such sum as is set by resolution of the City Council. The Health and Safety Inspector shall inspect the licensed premises to determine whether the premises have been cleaned up and no public nuisance, as defined by this Code, remains on the site. (a) If a public nuisance is present, as determined by the Health and Safety Inspector, said official shall notify the licensee to have the nuisance abated no later than December 31. (b) After December 31, the City may abate the public nuisance and deduct the cost of abatement from the deposit. (c) On January 15, the City shall refund the deposit to the licensee, or any remaining part of said deposit, and shall provide a statement of any public expense incurred for the nuisance abatement. Licensees shall post "No Smoking" signs throughout the lot in such places as are designated by the Chief of the Fire Department. Said signs shall be maintained in the designated locations until all trees have been removed from the lot. Before a Conditional Use Permit is issued, the license applicant must submit a site/plot plan showing the intended location of trees within the lot. The plan shall provide not less than four (4) feet clearance around the perimeter of the lot and at all points across each aisle. No license shall be granted hereunder unless the said plan is first approved by the Chief of the Fire Department. The licensee shaft maintain the lot at all times in accordance with the approved site plan. Each licensee must have on the licensee premises at all times one (1) properly operating Class ABC fire extinguisher. 30 1733 1759 1745 MC 'K NLEY 1831 1835 1843 ARTHk CLEVE COMMUNITY DEVELOPMENT DATE: September 28, 2000 TO: Planning and Zoning Commission Members FROM: Tim Johnson, City Planner Drat~ 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 Sitting Draf~ Ordinance for the City which will be eventually incorporated into the new Zoning Ordinance. This draft ordinance was included in your packets for your review for the September Planning Commission meeting. At the September meeting we briefly discussed the drat~ proposal. At our upcoming meeting we will need to review the ordinance in detail and make corrections, suggestions, and identify any issues before adoption. As you know, 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 and draf~ a Tower Ordinance that will become a part of the Zoning Ordinance. Please contact me if you no longer have a copy of the Drat~ Tower Ordinance and I will be happy to make another copy for you so that everyone can participate on Tuesday, October 3, 2000 at 7:00 p.m. ~-'- COMMUNITY DEVELOPMENT DATE: SEPTEMBER 28, 2000 TO: PLANNING AND ZONING COMMISSIONERS FROM: TIM JOHNSON, CITY PLANNER AUTOWORLD AND BOBBY AND STEVE ISSUES I have included in your packets correspondence regarding former Conditional Use Permits issued for Autoworld fi.om January and September 1998., Many of you are probably familiar with the project and its past history. Just so you are aware, I have included a letter addressed to the Planning & Zoning Commission regarding what neighbors perceive as prior approvals with conditions that have not been met. In January 1998, the Planning Commission and City Council approved Conditional Use Permits for Autoworld as well as other approvals necessary for the business. Staff has recently received an abundance of phone calls regarding these former approvals and whether or not the CLIP's are still valid. Staff believes that these are staff issues, simply because the Planning Commission has no authority to enforce or make a decision on these issues. Staff wanted this correspondence included in your packets because it is highly likely that the authors of the letter will be in attendance and will want these issues addressed. We are in the process of making sure that all future CLIP's issued be followed up on more aggressively to assure compliance. I have forwarded the neighbors concerns to the City Attorney and City Manager for further review.