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Home My WebLink AboutMarch 6, 2001CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci.columbia-heights.mn.us PLANNING AND ZONING COMMISSION REGULAR MEETING 7:00 P.M. TUESDAY, MARCH 6, 2001 CITY HALL COUNCIL CHAMBERS 590 N.E. 40m AVENUE MEMBERS Torn Rarnsdell, Chair Donna Schrnitt Ted Yeh/e Stephen W. Johnson Tarnrnera Ericson Roll Call Minutes from the Planning and Zoning Commission meeting of February 6, 2001and the work sessions from February 1 and 13, 2001. New Business: A. Public Hearing Conditional Use Permit Case #2001-0302 Linder's Greenhouses RE: 4300 Central Ave. N.E. Columbia Heights, Mn. Public Heating Conditional Use Permit Case #2001-0303 Frattalones Ace Hardware RE: 2261 N.E. 37th Avenue Columbia Heights, Mn. Public Hearing Conditional Use Permit/Site Plan Case #2001-0304 Ok Cha Kwon Re: 4952 Central Ave. N.E. Columbia Heights, Mn. Public Hearing City of Columbia Heights Proposed Zoning/Development Ordinance Review 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: 2001-0302 Page I STAFF REPORT TO Tm*~ PLANNING AND ZONING COMMISSION FOR THE MARCH 6, 2001 PUBLIC HEARING Case #: 2001-0302 Owner: Bradley Real Estate Address: 2100 N. Shelling 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: North: LB Zoning Land Use North: Commercial South: LB South: Commercial East: RB East: Commercial West: R-2 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, 2001 through July 7, 2001. Case History: This will be the l0th 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: 2001-0302 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 n.an'ative from Linder's Corporate Office is attached for your review. A license agreement between Rainbow Foods and Linder's Greenhouse is also attached. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. 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. SummarF : 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 nine 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 Sta_ffRecommendation: 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, 2001 through July 7, 2001, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. Attachments: Completed application form; Correspondence from Mr. Linder; License Agreement; Certificate of Insurance; Site plans; Public Notice Application For~ ~'"~ Rezonin$ .~ Variance Privacy Fence Conditional Use Permit X Subdivision Approval. ' ., Site Plan Approval __ Other 1. Street Address of Subject Property~ 4300 Central Avenue N.E. 2. LeBal Description of Subject Property! Description of Request: Conditional Use Permit Zontn~: Applicable City O~'dinance Number Present lonJ.ng .... Present Use Section Proposed Z oning_.___~ ........ Proposed u~e 7. Aeason for Request: I:o allow the'operation'of a temporary rain) qa~den.,centerin_12m.-._ easterly portion of the parki.~ Jot from "~~.~S =.'~:~:., ~ 7. S. E~ibit" Submitted (maps, diasram,, etc.) ~ ~~D .-. 9. lcknowledtment and Sttnature~ The undersigned hereby. ~epresents ·upon· al1 of the ' penalties o~ law, for the purpoS~ of i~ducing the City o~ Columbia ~elihts to take the action herein reques~ed,~.~ll s. tatementS,herein are trde a~d that ali work herein' mentioned will be~ a~cor~an.e ~tth ~e .Ordinances ,of t. ht City 'of Columbia Heights Taken By', \\\\\\\\~ ,., l (/__~llllll!ll~.. IN THE CENTRAL VALU MALL SHOPPING CENTER. TO AND BECOME A PART OF THAT CERTAI~ LEASE AGREEMENT EXHIBIT A O oo LICENSE AGREEMENT This License Agreement is made by and between Rainbow Foods - Columbia Heights 1/34 (hereinafter referred to as "Licensor") and Linder's Greenhouses Inc. (hereinafter referred tO as "Licensee"). WITNESSETH THAT WHEREAS: Licensor has agreed to grant a license to Licensee upon certain terms and conditions. Now, therefore in consideration of the mutual agreements herein contained, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: GRANT OF LICENSE Subject to the terms and conditions hereof, Licensor hereby grants Licensee an exclusive license to operate a Greenhouse upon that portion of parking lot outlined in Exhibit A (attached hereto). The license shall allow Licensee, its employees and agents to enter upon the premises for the purpose of conducting business (defined hereinafter) and for the purpose of erecting and maintaining temporary structures and other personal property upon the premises in connection with Licensees operation. Said license shall commence March 15, 2001 and expire July 7, 2001. Selling season is to be from approximately April 15 through July 7, 2001. LICENSEES ACTIVITIES The Greenhouse shall consist of flowers, plants, nursery stock and other related items offered to the public for sale. All Greenhouse activities conducted on the premises shall meet all Local, State and Federal laws as they relate to this type of business. With the assistance where needed of the Licensor the Licensee shall obtain all necessary permits, licenses, approvals, and any other government authorization needed to operate its business lawfully upon the premises. CANCELLATION: In the event that Linder's Greenhouses Inc. is unable to secure necessary licenses and or permits from governing authorities to open for business, or reasonable access to water or electricity then this License agreement shall become null and void. GREENHOUSE OPERATION Licensee shall conduct its activities upon the Greenhouse site at all times in a safe and orderly manner. Licensee shall provide, at Licensees expense, all personnel, equipment, and other items necessary to set-up, operate, and take down Greenhouse including, but not limited to: a) Necessary hoses and extension cords to operate equipment and water plants. b) c) d) e) Cleaning of premises and area immediately surrounding premises. Licensee shall haul away its trash at its own expense. Final clean-up of the premises promptly upon completion of license agreement. All employees of said Licensee. Greenhouse promotion and advertising. 10. ll. UTILITIES Licensor shall allow Lindefs Greenhouses Inc. to hook up to water and electricity for Licensees use during the entire term of this lease. Utilities are to be available 24 hours per day. The Licensee shall be responsible for and promptly pay all charges for such electricity and water used during the term of this license. Where these utilities are purchased from other tenants, owners, or landlords the Licensor shall assist in making arrangements for these services. See section #3. INSURANCE Licensee shall procure and maintain in force during the term of this license, at Licensees sole cost and expense, a policy of general liability insurance, insuring Licensee from all claims sustained by one or more persons in the mount of at least One Million and no/100 Dollars ($1,000,000.00), and arising from, related to, or connected with Licensees presence or activities upon the premises. FINAL CLEAN-UP Licensee shall be responsible for final clean-up of site after completion of License. Licensor shall allow a reasonable period of time to clean-up and remove all equipment, structures, product etc. and return parking lot to its condition prior to use, ordinary wear and tear excepted. SAVINGS CLAUSE The invalidity or unenforceability of any provision of this lease shall not affect or impair the validity of any other provision. CARE OF PREMISES Licensee shall keep all exterior storefront surfaces of the premises clean and maintain the Premises at its expense in a clean, orderly and sanitary condition. Licensee shall remove any refuse at its expense and will comply with all laws, ordinances, rules and regulations of government authorities. 1DEMNITY AND WAIVER OF SUBROGATION Neither Licensor nor Lessor shall be liable for, and Licensee shall indemnify and hold harmless Licensor and Lessor against, any loss, liability, cost or expense (including reasonable attorneys' 2 12. fees) arising out of any claim of injury or damage caused by or arising out of(i) the negligence, misconduct, or breach of this License Agreement, by Licensee, its employees, delivery drivers, assignees, or invitees, or (ii) Licensee's use of or presence on the Licensed premises, and Licensee shall diligently defend Licensor and Lessor against any such claims. Further, Licensee, on behalf of itself and anyone claiming under or through Licensee, hereby waives all rights, claims and causes of action against licensor and Lessor for any liability arising out of any loss or damage to property, regardless of the cause, including if caused by the negligent or intentionally wrongful acts of lessor, Licensor, their employees or agents. ENTIRE AGREEMENT This agreement constitutes the complete and final agreement between the parties hereto. This agreement may be modified or altered only by agreement between Licensor and Linder~s Greenhouses Inc. (Licensee). IN WITNESS WHEREOF, the parties hereto have executed this License Agreement as of the date below written. ES Pet{~r A. Linder Its: Vice President Date · October 13, 2000 iACORD i CERTIFICATE OF INSURANCE 127002 °ATE.MM,OD.Y. _2 .............. ~ I oi/o5/2ooi ,ROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ?LOR'rSTS' ~FJTUAL ZNSUR~M,~CE COMPJ~rY HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 500 ST ~.OUZS STR~.~.T ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Edw&rdsville, TL 62025 COMPANIES AFFORDING COVERAGE INSURED Linder's Greenhouses Inc 275 West Wheelock Parkway St Paul. MN 55117 COMPANY A FLORISTS' MUTUAL INSURANCE COMPANY COMPANY B COMPANY C COMPANY D COVERAGES THIS IS TO CERTIFY 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 CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ¢O POMCY EFFECTIVE LTR TYPE OF INSURANCE POLICY NUMBER DATE (MMIDD/YY) LIMITS GENERAL LIABIUTY * 1,000,000 $ X ,COMMERCIAL GENERAL LIABILITY A [--'- CLA,MSMAOE []OCCUR i 0--~,ER's ~, CONT PROT BP- 03322 4494 AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREDAUTOS NON-OWNED AUTOS GARAGELIABILITY ANY AUTO EXCESS LIABILITY J UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ j ilNCL PARTNERS.'EXECUTIVE i" OFFICERS ARE ; EXCL OTHER EX 1981 4494 WCS 08062 4494 01/14/2001 01/14/2001 01/14/2001 "OLICY EXPIRATION DATE (MMIDD/YY) GENERAL AGGREGATE PRODUCTS-COMP/DP AGG 01/14/2002 PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one fire) MED EXP (Any Dna person) COMBINED SINGLE LIMIT ..... :"" 'BODILY'II'JURY ~ :~ .:: "*:':; ,' ' ";{Per person) · ' ' ..... ": r BOoi;_y-iNjuRy:'U '.- -- ._ {Per accident) ..... PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT AGGREGATE EACH OCCURRENCE 01/14/2002 AGGREGATE X J STATUTORY LIMITS 01/14/2002 EACH ACCIDENT DISEASE- POLICY LIMIT DISEASE - EACH EMPLOYEE DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESiSPEClAL ITEMS Temporary Loc-~10 - Central Value Mall, 44th and Central Avenue, Heights, MN 55421 1,000,000 S00,000 500,000 100,000 5,000 $ 3,000.000 $ 3,000,000 S 5007000 $ 500~000 500,000 Effective 3-15-2001 thru 7-7-2001. -CL=RTIFrcT~I'E~0 [DER RCY 752 ? 2 CANCELLATION City of Columbia Heights 590 40th Avenue North East Columbia Heights, MN 55421 --A~TO*RD- 25 -S (3/93) MKT17 SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE'ISSUING' COMPANY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THECERTIFICATE HOLDER NAMED TO THE LEFT,,,,~ BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABILrI~ OF ANY KIND_ UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES AUTHORI J ~ ~ ' ' c ACORD CORPORATION 1993 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us IIfEIIfB£R$ l'l~omas Ramsdell, Ted Ye/Ale Stephan Johnson Tamara Ericson PLANNING 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, March 6, 2001. The order of business is as follows: A request for a Conditional Use Permit to allow the placement of a tent for the display and sale of green and flowering plants from April 15 through July 7, 2001 in the easterly portion of the parking lot of 4300 Central Avenue, Rainbow Foods. Section 9.113(2)(f) of the Retail Business Section of the City Zoning Ordinance requires a Conditional Use Permit for Open Sales Lots. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3673. 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 706-3611, to make arrangements. (TDDI706-36§2 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 Case: 2001-0303 Page I Case #: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR Tm~ MARCH 6, 2001 PUBLIC HEARING 2001-0303 GENERAL INFORMATION Owner: Larry Frattallone Address: Arden Hills, MN Phone: (651) 484-3327 Parcel Address: 2261 37~ Ave. NE Zoning: RB - Retail Business District Comprehensive Plan: C - Commercial Applicant: Ace Hardware 2261 37th Ave. NE Columbia Heights (763) 788-9455 Surrounding Zoning and Land Uses: Zoning North: R-3 South: RB East: RB & LB West: RB 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 placement of a tent measuring 21 x 48 feet for the display and sale of green and flowering plants from April 1 through July 31, 2001. The display is to be located on the southeast side of the parking lot at 2261 37th Ave. NE. Approximately seven (7) parking spaces would be used for tent sales 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 ProperW: RB Retail Business is the existing zoning on the subject parcel and on property to the south, east, CITY OF COLUMBIA HEIGHTS ~plication For~ Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other '- 1. Street Address of Subject Property: 2261N.E. 37th Avenue 2. Legal Description of Subject Property,. Applicant Name: Address: Phone, 5. Description of Request: Conditional Use Permit Zoning: Applicable City Ordinance Number Present ZoningI Present Use Section Proposed Zoning. Proposed Use Reason for Eequest: to a]lOw the placement of a tent in the parkin.9' lot for the-purpose Of selling green and f,ower|nq plants for th~ dates of: -- '"~[~'~(~I [ Tent Size: ~¢ ' X ~ ~ e Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and Signature: The undersigned 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 a~l statements herein are true and that all work herein mentioned will be done in acc~dance with the Ordinances of the City of Columbia Heights and the laws of the Sta~innes~ / / . Date. Signature of Applicant: ~__~"% (.,./----?.-.--.c~. ' ! ~' ' Taken By: ill 0 0 ,ANALL N SPRING PLANT MERCHANDISER The GARDEN MART is designed to be a Iow'cost, movable sales building for a~clea spri.ng Cear ~y on en~s [o plant sales. It can be quickly set up in any retail parking lot. The GARDEN MART offers snow your pan= a~ protection for your 'quality' plants and shopping comfort for your customers. b'leir ~3est. They will buy more on those cold, wet spring days. F~ame set= u~ I~e ~na~e scaffo~ Upper t3encr~ suploorts provide ..~ No measuring - no guesswork. aCl~Jtionolclispl~yc:~pac~Yal .tdBa~__ ..~...;-: sign lines. Check Our 'LEASE-MART' Finance Plan No Peyments in Off See$onff NEW for '94 as an al- ternative to POLY-VENT. The SL./DE-$1DE ventila- tion system operates manually and requires no electn'c,;~ Installs and func~ons much like any sliding door. For minimum ventilation simply push panels open a little. For a lot of air movement pus~ open ail the way. If maximum ventilation is desired, the panels can be completely removed as shown at3ove. Just lift and pull pul GARDEN MART s?.cwn with. PO[2!-VENT closecL In its lowere,3 po- sition. PCL¥-VENT c~r~ps completeiy to cl~e grouno to allow fOr great van~iaaon anoa v~v c.f ;roc:uc: ,,'r:m ~,e outs;~e. A~so. note v :.~ii~! of ~rocuc:. ~'~rougn ~e c~ear poly encl panel. The GARDEN MART a~s as a 0illl:oarc~ to cttaw attention to your spring plants. ~ above i~ a GARDEN MART hame wil~ me new SL/DE-SIDE venMaaon system instale~. The c~ear ~>anms. mede of double walled polycaroonace, will not shatter Or cracX. They are almost in~e~te 7e~ suDer ligntwe~gtlL Easy to install and q:>era~e. O0~ional .~re-aasemOlec116 ga. ~eel 0erich tops make e.fl~ve merc.'~anaising a breeze. -=e~c~ :c:s are e~-siiy removect an(313racke,,s swing Out of tl~e way to (3isolay larger i~ems such as Chns~nas trees, etc. No Price Increase from Includes u0~era.~,-~ "' lower =en¢~, supports, Nm ben¢~ 21'x30' STILL ONLY $232500 21'x 48'- 3,160.00 21' x 60' - 3,990.00 Galvanized Bench Packages Com.olete bench top system for: No' more welc~$. Bench tops are now maple 21' x 30' - 768.00 using the umc~ue Quick< Lek®system, Built to .-',~'21 ' x 4.8' - 1,344.00 be strong ancl clean. Sham corners have 21' x ~0' - 1,728.00 i3een rouncec~ off and 13encn tops stac~ tightly when I'IQt In use. CANADA CALL 1-507-663-0362 FAX 1-507-663-0365 F=.O. E OX C ST: aCC <. U, 1-800-852'3443 The Gan:ten Mart retail greenhouse ~'ans- f~rms pa~king 10t mace into a complete, ,~ .. outcloor garden'center. Combining plant protection end customer comfort, the Garden Mart extends the selling season by - reducing product shrinkage. Easy set up a~d tear down make the Garaen Mart an icteal temporary selling structure. Poly water-filled tubes or concrete ~locks anchor the steet hoop s~ruc*,ure, eliminating ~e need for perma- nent footings. Collar. sible sidewalks provic~e natural.ventilation during warm weather and insulation against early spdng frost. Multi-level benches ctispiay prcducts while also storing inven[ory. The Garden Mart measures 21-feet wide and comes in lengths of 48, 60 and 96 feet. For mom information on ~e G~ Mart. contact Poly-Tex, inc., P.O. Box 458, Castle Rock, MN 55010, or call 8(~852-3~43. Roger Scl~ultz. Store Development, 708-990-6~95 28 DOES THE WIND EFFECT THE GARDEN MART? NO._The aett~ at mi ~ st~swa me secret of holding me GARDEN MART in place during higl~ wincls. 1. Hanging 13asketS ate hung from purlins attact~ed clirect~/to me t~oolas. Th,S tra~ ail 13asket weight to indi~l~BI hocos. 2. The weight of ail fiats, pallets and bencrt tope rests on me unt(~ua :~uiit-in 13enc~ su013orts. Again. benc~ supports ate firmly attac.*~ed to eac~ rtooD. 3. Heavy. water ,fillecl tubes or concrete 131oc~s rest direc~ty on the ¢;rcunc= and lower mem0er of tl~e 13encrl · .'uolsorts. (Over ~.000 0oun(~s of water'or 16.000 pounds of concrete ~locx nolcls me GM-60 in place.) The cornolnec weight of baskets, flats, sicle benc. fling- anc~ water '.uDes cr ccnc:ete block is concentratecl along 13o~ sicles of t~e GARDEN MART. This comisined weight firmly anchors ,'ne GARDEN MART against vertical an(~ sg'm§nt line winos. HOW DOES THE POLY-VENT II SIDE OPERATE? The GARDEN MART's Pety..Vent II sides can ~e open or c~ose~ to maximize customer comfort and Oiant protection; Ciose the skies completely to keel3 out raw spring winds. On nicer clays, open me skies for maximum fresh ah'flow through me selling Dropping the sides to grouml level ailow~ customers to shop from outside me GARDEN MART. One small 13lower inflates the I~)ly-Vent II tul3es. WTten inflated, Poly-Vent II seals out co~d and wind with 6-inches of insulating air s=ace. Poly-Vent 11 sides on your GARDEN MART ac~cls weeks to your selling season, lemng 7au start early in me spring anct sell late into me fail. This means a~ec sales and ~rc~,s in your pocket. Optional galvenizecl bench to,os increase display flexibility. C,;ns;ruc:ec~ of 16 ga. roll-formecl steel. these s:urcy benct~ tcOs create uD to 9?2 scl. ft. of t'wo-~ie~ed ctisc~,~y soace in the 60' moclet. Upoer bench t~;.. measure 1'-6" by 6'-0~, !owe,toe~c,~ tope ari 3'-0" ~y O'.C". ~-enc~ to~ enc~ca~s simply rest on .~i~e anct center benc.~ sup~crt.~. Benc~ sec.rio.nc !;ff off easily to make room for large =is;lay items or to create instant aisles. .:~?.'?: ';:~-.-. ?~-.-'GARDEN,.MART SPECIFICATIONS -" ::- · .:,.. . ,. ... :., :- .... . ;. :.-..'. ~-. ~ ~,:...:...., ~.~ ........... . ~ ~:.:': .~:'.? . ".. : ',;',.-~-..-.??_l]'eatedpotyet~ytene '.'..;-12r, t~L'JeW~epo~Ywazer ~-,_ ~N~'TI-L~: 3(7-47", 48 -0', ' ':.;~ - _ '. ...... ' - ' ~:~'~13uiit into flJil length ~' s~: ~.-o- '.":~'~~~. ,.:~:~~'(~__~__ ~.r ~'.. ' .-~"-.:~ .% ":. '*.~'~',-~' ~"'~.~..~.:~" ':~-- . .~':'.~. ":~ · , '--.--,..,,d~ ~ ~__,_ ~'--'-- ........... ........ ]~i~D~*,¢}' --' t ...,,-~.un~,~a ~u~r . .-~.:;,_..,-. '. -. ;.:,. STICK.ON$ Large (6"x27') ~umDer sticker type signs are inclucted. 13right. easy to react signs can foe permanently-attac,~ect to tl~e GARDEN - MART. 12 s~cjns inctuctect. Make up many pt~rases such as, "BEDDING PLANTS" or " :'..':'-:7.-~E PANR ~: ".~.~a~LYr-ASTENER: 'GARDEN SUPPLIES," Oecorative flowers ~RWAY~ ~:~':L:C~arpot,p::amonam .':.',.Uum~numWlgg~Wire ~..'- ~:-": -: ~- ~.-.- '.:: "~': '~2;;.'~, ~' .' ""- ~.~ ;.~: ' '; ..... ' CANADA CALL 1-507-663-0362 FAX 1-507-663-0365 , . o o , , o . , , o .o. ox CASTLE OCX. MN 1'800'852'3443 1733 1739 1745 MC 'KINLEY 1831 843 ARTH[ CLEVE CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights, mn. us PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING M~CMBERS Thom~ Ramsd~ thai, Ted Yeh/e Oanna Sc/un~ Stephan Johnson Temara Ericson 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, March 6, 2001. The order of business is as follows: A request for a Conditional Use Permit to allow the placement of a tent for the display and sale of green and flowering plants from April 1 through July 31, 2001 in the parking lot for 2261 N.E. 37~ Avenue, Frattallone's Ace Hardware. Section 9.113(2)(f) of the Retail Business Section of the City Zoning Ordinance requires a Conditional Use Permit for Open sales lots. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3673. 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 706-3611, to make arrangements. (TDD/706-3692 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 Case: 2001-0304 Page: 1 Case #: STAFF REPORT TO THE PLANNING AND ZONING COMMISSION FOR THE MARCH 6, 2001 PUBLIC HEARING 2001-0304 GENERAL INFORMATION Owner: Ron Karon Applicant: Address: 4952 Central Avenue NE Columbia Heights, MN 55421 Phone: (763) 438-0355 Parcel Address: 4952 Central Avenue NE Zoning: RB, Retail Business C - Commercial Zoning North: RB South: RB East: RB West: R-2 Comprehensive Plan: Surrounding Zoning and Land Uses: Ok Cha Kwon 9142 Nevada Avenue North Brooklyn Park, MN 55445 (763) 425-7765 Land Use North: Commercial South: Commercial East: Commercial West: Residential BACKGROUND Explanation of Request: This is a request for a Conditional Use Permit to allow for intensification of the current Tycoon's Bar and Restaurant by adding on-sale wine at 4952 Central Avenue NE. The applicant is proposing to buy the business and add some additional items to the current menu. The restaurant will contain approximately 76 + seats as required for operations serving beer and wine and will maintain the same name and hours of operation. Case Histo~: The only case history on file is the former conditional use permit request that was approved in 1977. ANALYSIS Case: 2001-0304 Page: 2 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 residential and is zoned residentially. Technical Review: The subject property is zoned KB, 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 59.5 feet in width. · Lot Area shall be at least 6,000 square feet - The subject parcel is 11,602.5 square feet. · Front Yard Setback shall be 15 feet - The existing structure is approximately 25 feet fi:om front property line. · There shall be at least one 10 foot side yard, the other side yard can be zero feet - The side yard setback from 50th Avenue is approximately 17 feet from property line; The other side yard setback is approximately 5 feet. This requirement is met. · Rear Yard Setback shall be 10 feet - The existing building is approximately 112 feet from 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 59.5 feet of frontage along Central Avenue. · Lighting shall not exceed 3 foot candles at property line - The lighting on site does not exceed this requirement. The applicant is not proposing any structural changes to 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 76 seats in the bar/restaurant which require 25 parking spaces. There are a total of 25 legal parking spaces proposed for the existing site including 24 spaces on the west side of the building and one proposed handicap accessible parking space with an eight foot access aisle located on the east side of the building. However, the parking spaces shown, as well as the handicap space and access aisle shown on the site plan will need to be striped and the signage posted in front of the handicap space. The existing parking pattern has been to utilize the parking area adjacent to the building on the north side. Staff however is recommending that this parking area not be striped as accessible parking because a portion of the spaces would actually be in the City right of way. We do recognize however, that the clientele will probably continue to park in this area as it is most accessible to the building. The existing loading area is located on the northwest comer of the building, adjacent to the back door. 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 currently has an open dumpster area visible to passerby. Staff recommends that the dumpster area be enclosed by a fence and placed near the back side of the building as shown on the site plan submitted. Case: 2000-0925 Page: 3 There is currently a one bedroom rental unit upstairs from Tycoon's that is licensed. However, the new owners have indicated that they are not planning on maintaining this as a future rental unit. If this unit is rented in the future, additional parking would have to be provided for the tenant. 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. The intensification of the current restaurant and bar business by adding on-sale wine should not negatively impact any nearby residential areas, and will be consistent with the City Comprehensive Plan. Summary: 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 intensification of the bar and restaurant will be an appropriate addition to the current site and will allow for the business to attract additional clientele. 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 Staff Recommendation: Staff recommends approval of the Conditional Use Permit to allow for intensification of the current business by adding on-sale wine in the Retail Business District, subject to the conditions listed in the recommended motion. These Site Plans have been reviewed by Public Works, and there appear to be no major concerns. Recommended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow for intensification of the use and for the addition of On Sale Wine for Tycoon's Restaurant at 4952 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. 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. Twenty-five (25) parking spaces proposed will need to be striped and maintained. Seventy-five (75) permanent seats will need to be maintained for On Sale Wine. o Attachments: · Completed application form; Seating Plan; Site Plan; Narrative; and Public Notice CITY OF COLUMBIA HEIGHTS Application For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site FlanApproval Other X 1. Street Address of Subject Property: 4952 Central Ave. N.E. 2. Legal Description of Subject Property= Applicant: Address= ~/~'~ /~U~O~ ~U~ Own e r, Address: Description of ~equest= Conditional Use Permit Review ZoninR: Applicable City Ordinance Number Present Zoning. Retail Business Present Use Restaurant with 3.2 Beer Section Proposed Zoning, Proposed UseRestaurant with On Sale Wine 7. Reason for Request~ Intensification of restaurant by addinq On Sale ~,line which requires a minimum of 75 seats which in turn requires additional parking. 8. Exhibits Submitted (maps, diasrams, etc.) Acknovled~ment and Si~nature: The undersisned hereby represents upon all of the penalties o[ lav, for the purpose o[ inducing the City o[ Columbia Heishts to take the action herein requested, that all statements herein are true and that all work herein mentioned vill be done in accordance with the Ordinances o£ the City o£ Columbia Heights and the laws of the State of Hinnes~ta. : Signature of Applicant: _ .~ ~,~. , ...... ) Date: " · h Taken By: ! ! ! ! ! 56' 38' Dino~oR°om Game Room Bar Area FLOOR PLAN Page 3 7 Sent Dy: RE/MAX PLYMOUTH 612 591 6030; 03/02/01 12:42PM;#bb3; Page 2 2001 To Whom It May Concern: T.avem_& Grill is applying for a co~ use pemff to allow us to serve strong vane. uur customem have been asking for it for years. Our suppliers have a ~lt ~ pro. vi?ing ~ with a variebj in 3.2 beer that customers like. Today, many people enjoy a glass o~ wine vath their meal. We feel to slay competitive in todays restaurant envirormmnt, it is crucial to provide our customers with a much better vadety of options to be Thank you, Ron Karon CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights.mn.us Ted Oan~w $c/~itt Stephan Johnson Temara Ericson PLANNING 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, March 6, 2001. The order of business is as follows: A request for review of a Site Plan and Conditional Use Permit for 4952 Central Avenue N.E. to allow intensification of the use and addition of On Sale Wine for the current restaurant space. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3673. 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 706-3611, to make arrangements. (TDD/706-3692 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