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HomeMy WebLinkAboutSeptember 4, 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 MEMBERS Tom Ramsdell, Chair Donna Schmitt Ted Yehle Stephen W. Johnson Tamrnera Ericson PLANNING AND ZONING COMMISSION REGULAR MEETING 7:00 P.M. TUESDAY, SEPTEMBER 4, 2001 CITY HALL COUNCIL CHAMBERS 590 N.E. 40TH AVENUE Roll Call. Minutes from the Planning and Zoning Commission meeting of August 7, 2001. Public Heatings: Rezoning Case #2001-0915 New Business: · Sale of property at 4656 Monroe Street NE Staff Reports: · Proposed Zoning Text Amendment; Staffmemo Adjoum. 37th & Johnson Hair Salon, Dave's Refrigeration 1529 and 1601 37th Avenue N~E THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION O~ SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING AUGUST 7, 2001 7:30 PM The meeting was called to order at 7:30 pm by Chairperson Ramsdell. Roll Call: Commission Members present-Ramsdell, Ericson, Schmitt, and Yehle. Commission Member Johnson arrived at 7:35 pm Also present were Tim Johnson (City Planner), Marlaine Szurek (Council Liaison- arrived at 8:15 pm), and Shelley Hanson (Secretary). In the audience were various residents, Heritage Investment Development Representatives, and Pastor Russ Cowenhoven. Motion by Yehle, seconded by Ericson, to approve the minutes from the meeting of July 10, 2001, as presented in writing. All Ayes. MOTION PASSED. PUBLIC HEARINGS Conditional Use Permit Case #2001-0813 ChristLife Evangelical Church 4555 University Avenue NE Planner Johnson explained this is a request for a Conditional Use Permit to use the former Heights Medical Clinic as a place of worship at 4555 University Avenue NE. The applicant has purchased the building and plans to convert the inside space into a congregational worship center if approved. There previously was one Planning and Zoning case on this site. A conditional use permit was granted to allow for an animal hospital and clinic in 1999, but the business never became operational. The existing building was constructed in 1965 and has approximately 3,375 sq f~. The surrounding property on the south and east is zoned and used residentially. The property to the north is zoned LB Limited Business, but is used residentially. The property to the west across University Ave is in the City of Fridley and is also used residentially. This property is zoned LB and Section 9.1004 (3) (a) of the Zoning Ordinance allows religious facilities as a conditional use permit in the LB district. The proposal should not negatively impact any nearby residential areas and will provide an appropriate reuse of an existing building. The proposal is consistent with the intent of the City Comprehensive Plan. The only negative aspect of this proposal is that the church will not provide any commercial tax revenue. The property meets lot size and setback requirements. There are no plans to alter the appearance of the exterior of the building with any additions. The parking requirements will be met when the parking lot is striped as a condition of approval. The congregation will be reusing the existing sign which meets requirements. And the wood privacy fence currently in place provides the necessary screening along the east property line between them and the residential properties. The Church will need to extend their screening on the south side which is addressed as a condition of the approval. There was some discussion regarding whether the members felt the fencing should be extended or if PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF AUGUST 7, 2001 PAGE 2 shrubbery/trees could be used. Joyce Meyer from 4548 4th Street who lives behind the subject property expressed her concern that any screening being considered should not totally obstruct the view for the adjoining property owners. Pastor Cowenhoven stated that he would check with the property owners to the south and see if they had a preference of a fence versus greenery. In the discussion that followed, it was decided to make an amendment to condition #4 of the recommended motion that any screening/buffer on the south side be continued either as fence or ~eenery not to exceed the height of the wood fence currently in place. Yehle questioned whether 30 parking spaces would be adequate for a congregation of 90. Planner Johnson responded that the 30 spaces proposed meets the minimum standards set for this type of use. If there is a need for additional parking, church members would need to park on the street. It is legal to park on the street (along 47tnand on 4th St), SO that is not something we can control. He also stated that this would only happen on Sunday mornings and maybe one evening a week, so it would be considered to have minimal impact on the neighbors. Ramsdell questioned if they had planned for snow removal so as not to eliminate any of the parking spaces. Pastor Cowenhoven stated he felt there was enough green space to pile the snow to accommodate most snow accumulations. Staffrecommends approval of the Conditional Use Permit to allow ChristLife Evangelical Church to operate at 4555 University Avenue NE, subject to the conditions listed in the recommended motion. Motion by Yehle, seconded by Johnson, to recommend the City Council approve the Conditional Use Permit to allow for ChristLife Evangelical Church to operate at 4555 University Ave NE, subject to the following conditions: 2. 3. 4. All required state and local codes, permits, and inspections including, but not limited to building permits, fire code, will be met and in full compliance. The parking lot shall be signed and striped in a manner that is consistent with the Zoning Ordinance. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. Acceptable screening shall be continued along the south property line as either fencing or greenery not to exceed the height of the wood fencing currently in place. Ali ayes. MOTION CARRIES. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF AUGUST 7, 2001 PAGE 3 NEW BUSINESS A. Site Plan Review Case//2001-0814 Heritage Property Investment Rainbow Foods 4300 Central Avenue NE The applicants are requesting concurrent but separate site plan approvals from the Planning & Zoning Commission to construct a four-pump fuel center and a 9,000 square foot multi-tenant retail building in the east parking area of the Central Valu Shopping Center at 4300 Central Avenue NE. The only recent Planning application on this site has been from Linder's seasonal greenhouse. The surrounding property to the north and south is zoned LB, and is used commercially. The property to the west is zoned GB, and is used commercially. The area to the east is zoned GB, General Business, and is used commercially. Rainbows Foods has submitted a narrative' describing the proposed four pump Fuel Service Center to be located on the southeast comer of the Central Valu Center parking area. This proposal will include installation and construction of a 30,000 gallon underground fuel storage tank, concrete drive pads, fuel pump islands and dispensers, small (8 x 8) attendant kiosk, and patron canopy. The fuel center is expected to mainly service Rainbow mall customers, and hopefully attract new customers with the additional retail space proposed. The applicants submitted a narrative that describes how they meet the standards outlined in Section 7 for permitted use in the General Business District. The proposed fueling center will provide a covered canopy measuring 24 feet by 112 feet to cover the four pump islands and kiosk area. The required parking for the Automobile Convenience Facility will exceed what is required. Planner Johnson addressed two issues of the standards narrative that he thought should be brought to the commission's attention. The first being their transportation management plan for the center detailing parking, bus loading and unloading, traffic control, and the impact of the facility on the surrounding roadways. Both the City Engineer and MnDOT's engineer have reviewed the site plans submitted and have determined no significant traffic impacts for the proposed project site. Ingress and egress points will be analyzed by Engineering to determine if any changes should be made. The second issue deals with the environmental management plan, including storm water management and drainage plan. The project is not expected to generate additional storm water runoffas the site will actually have less hardcover with the addition of proposed landscaping throughout the site. The proposed fuel system will be subject to State of Minnesota requirements governing fuel centers. The underground fuel tanks will be fully contained and will provide monitoring equipment in case of emergency spills. The City Engineer and Fire Department have PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF AUGUST 7, 2001 PAGE 4 also asked the developer to provide additional floatable containment devices to capture and separate petroleum products from the storm water drainage for Jackson Pond. They have agreed to do this. There is a reciprocal cross-easement parking agreement that is necessary in order for the proposal to work. This agreement allows for ingress and egress across respective parts of the property and establishes maintenance and repair obligations for the owners of the shopping area. The city council will need to review this agreements and act on it at their next meeting in August. The landscaping plans and signage for the proposed auto fuel center is well within the requirements of the ordinance. Heritage Investment has proposed the 9,000 sq fi retail building, which will be built to house from one to six establishments ranging in size from 1,200 sfto 9,000 sf. Each space will contain a glass storefront and entrance door, and will be complemented by a parapet wall element design to conceal any and all rooftop mechanical units from view. Lot size and setbacks exceed requirements. The design features proposed are in harmony with the criteria established in Building Design Standards. Because the retail front will face west, the east or rear elevation will only be partially visible from Central Avenue. Passing vehicles on Central will mainly see the top of the parapet wall, signage, and the canopy. The rear of the building facing Central has been redesigned to be consistent with the front faCade with matching canopy and brick veneer. Commissioner Ramsdell stated the Project Managers have been very cooperative with making necessary design changes to accommodate the elevation challenges for developing this property. As part of the overall design of the parking area, the existing sloped retaining wall on the east side of the parking lot will be repaired and painted to maintain visual consistency. 2/3 of the wall will be replaced, however, they have not decided on what type of design or painting will be done on it. The railing will also be repaired and painted so everything will coordinate. Mark Kampmeyer, representing Heritage Investment, also informed the commission members that the entire fagade of the current shopping center will be refurbished. He also said that snow will be removed from the site as there will no longer be space to store it on-site. The plan requires a minimum of 30 parking spaces. There are more than 30 spaces adjacent to the building, and the entire site will utilize a cross easement parking agreement. This will allow for vehicles to park in any spaces on the site, aside from no-parking areas, and handicap spaces. The landscaping meets requirements and could be enhanced further due to additional space in the lot. The signage planned will be consistent with current signage and meets the requirements of the ordinance. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF AUGUST 7, 2001 PAGE 5 The City Comprehensive Plan designates this area for future commercial use. Both the fueling center and the retail building proposed are consistent with the newly adopted City Comprehensive Plan. The positive aspects are: the site plans are consistent with the City Comprehensive Plan and meet the zoning ordinance. The City will benefit from additional commercial tax base and the city will benefit from new design commercial buildings, which will further enhance the development and appearance of Central Ave. There aren't any negative aspects assuming all the conditions are met. Staff recommends approval of the site plans for the Rainbow Foods Fuel Service Center and the 9,000 sq ft multi tenant retail building at 4300 Central. The proposals are consistent with the zoning ordinance and the city comprehensive plan, subject to the conditions listed in the recommended motion. Yehle questioned the lighting under the canopy of the fuel service center. He had concems that because of the elevation of the structure in relation to Central Avenue that the lighting may blind the drivers along Central. Steve Schwanke, a consultant for the project, explained that the structure itself is t 8 feet in height with a 3 foot fascia. The lighting would be recessed under the canopy so as not to reflect into the traffic along Central Avenue. There was some discussion regarding the fencing and screening along the west property line that encloses and screens the dumpsters. The members felt this is very unsightly, and needs to be replaced or repaired and maintained better. It was noted the City owns the fence, but it is the property owner's responsibility to maintain the area and provide screening. The commission members want the city and the developers to work together to improve the screening along the west side of this property as part of the development improvements taking place. When asked about the timeframe of this project, Mr. Kampmeyer stated that the fueling center will begin tiffs fall along with the railing, wall repair, and screening issues. The retail structure will not begin construction until next spring. They akeady have letters of intent for 50% of the retail space. The commission members felt this has been wasted space for quite some time and are happy to see improvements being made along the Avenue. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF AUGUST 7, 2001 PAGE 6 Motion by Ericson, seconded by Yehle, to approve the site plan for the Rainbow Foods Fuel Service Center at 4300 Central Avenue NE, as the proposal is consistent with the Zoning Ordinance and the City Comprehensive Plan, subject to the following conditions: AH required state and local codes, permits, licenses and inspections will be met and in full compliance. At the request of the City Engineer and the Fire Sept., a separation unit shah be provided to separate petroleum products from the storm water drainage for Jackson Pond in case ora spill. The reciprocal cross easement parking agreement for the site shah be reviewed and approved by the City Council City Engineer review of parking analysis and access points for the site. AH proposed signage must be submitted on the City prescribed application form Lighting shah not exceed the maximum allowed by ordinance and shah not be obtrusive to adjacent properties. Landscape buffer shah be maintained and/or enhanced to provide an appropriate separation from adjacent properties. AH ayes. MOTION PASSED. Motion by Ericson, seconded by Yehle, to approve the site plan to allow for the 9, 000 sf multi- tenant retail building at 4300 Central Avenue, as the proposal is consistent with the Zoning Ordinance and the City Comprehensive Plan, subject to the following conditions: AH ayes. AH required state and local codes, permits, Hcenses and inspections will be met and in full compliance. Concrete retaining wall on east property Hnes shah be repaired and painted to maintain structural integrity and consistent visual appearance.. The reciprocal cross easement parking agreement for the site shah be reviewed and approved by the City Council City Engineer review of parking analysis and access points for the site. AH proposed signage must be submitted on the City prescribed application form Lighting shah not exceed the maximum allowed by ordinance and shall not be obtrusive to adjacent properties. Landscape buffer shah be maintained and/or enhanced to provide an appropriate separation from adjacent properties. ShaH provide enclosure of existing dumpster area behind Rainbow Foods. That the developer and City work together to repair and maintain screening fence on the west line. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES OF THE MEETIN GOF AUGUST 7, 2001 PAGE 7 STAFF REPORTS Johnson presented a memo addressing existing businesses in the residential district at 37th and Johnson Street NE. The owner of the Hair Salon on the comer of 37th and Johnson has been trying to sell her business. It came to her attention that her property is zoned residential and not commercial. She is grandfathered in to continue using the building for the type of business she is currently doing, but cannot intensify or change the type of business without commercial zoning. This limits her options drastically, and she is seeking to have her property and the commercial business across the street from her re-zoned. The commission members instructed Planner Johnson to prepare a list of possible uses in the various districts that it could be re-zoned to, that would allow a suitable business to operate in a residential area. He also is to contact the Met Council and inquire what procedures must be followed to get the two properties re-zoned as we need their approval for an amendment to our Comprehensive Plan. He is to report back at the September meeting. Johnson presented the proposed Zoning Text Amendment regarding Accessory Structures based on the comparisons obtained from other cities for allowances for accessory structures. explained the two options and how they differ. The current language now reads: An accessory structure, or any combination of accessory structures, storage sheds and attached garages, shall not exceed one thousand (1,000) square feet in area. Proposed: Option #1 For single and two family residential dwellings, no detached garage or accessory structure shall exceed 1,000 square feet or the footprint of the principal structure (excluding attached garage area), whichever is less. In addition, no attached garage shall exceed 1,000 square feet. When an attached garage is present, no detached garage or detached structure shall exceed 600 square feet. Option #2 For single and two family residential dwellings, no detached garage or accessory structure shall exceed 1,000 square feet. In addition, no attached garage shall exceed 1,000 square feet. When an attached garage is present, no detached garage or detached structure shall exceed 600 square feet. PLANNING & ZONING COMMISSION MINUTES OF THE MEETING OF AUGUST 7, 2001 PAGE 8 Option #1 is a little more restrictive. If the decision is to change the current zoning text, the new language would need to be published and a public hearing would need to be held in September before it could go to council. After much discussion, the commission felt the existing language in the ordinance covers 90% of the properties in Columbia Heights. They didn't feel complicating the language would benefit the majority of our residents, and that amendments shouldn't be made to accommodate 1 or 2 people. The existing language is typical with other cormnunities that were surveyed. Motion by Johnson, seconded by Yehle to recommend the City Council leave the language regarding accessory structures as is in the newly adopted Zoning Ordinance. Roll Call Vote: Yehle-yes, Ericson-no, Ramsdell-yes, Schmitt-yes, Johnson -yes. MOTION PASSED. Motion by Ericson, seconded by Yehle, to adjourn the meeting at 9.'50pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Recording Secretary Case: 2001-0915 Page: I STAFF REPORT TO TI:IE PLANNING AND ZONING COMMISSION FOR TI:IE SEPTEMBER 4, 2001 PUBLIC HEARING Case #: 2001-0915 GENERAL INFORMATION Owners: Addresses: Phone: Diane Neeb, Dave Roberts 1529 & 1601 37t~ Avenue NE Columbia Heights, MN (651) 483-4135; (763) 781-6901 Applicants: same Parcel Addresses: 1529 & 1601 37th Avenue NE Zoning: R-2, Single and Two-Family Residential Comprehensive Plan: LDR - Low Density Residential Surrounding Zoning and Land Uses: Zoning North: R-2 South: City of Mpls East: R-2 West: R-2 Land Use North: Residential South: Residential East: Residential West: Residential BACKGROUND Explanation qf Request: The applicants have applied for the rezoning of property at 1529 and 1601 37th Avenue NE fi-om R-2, Single and Two-Family Residential District, to LB, Limited Business District. Case Histo~_ : There are no prior Planning or Zoning cases on either of these two parcels. However, the history of these two properties are such: The structure at 1529 37th Ave that currently houses the 37th and Johnson Hair Company was built in the 1950's and was initially used as a small grocery store. Following the grocery store, Commer's Water Softener used the space. Since the late 1970's, the structure has been a hair salon. The structure at 1601 37th Ave currently occupied by Dave's Refrigeration and Appliance, was previously a floral shop, but has been occupied by Dave's since the early 1980's. Both structures have always functioned as commercial businesses, but according to Zoning records, have always been zoned Residential. Case: 2001-0915 Page: 2 ANALYSIS Surrounding PropertF: The property to the north is zoned R-2, and is used residentially. The property to the west of 1529 37th Ave is zoned R-2 and is used residentially. The property to the east of 1601 37th Ave is zoned as R-2 and is used residentially, The properties to the south are in the City of Minneapolis. Technical Review: Rezoning The properties are currently zoned R-2, Single and Two-Family Residential, and the uses of the property are commercial. When evaluating a rezoning request it is important to consider how the proposed zoning change fits in with the surrounding area. Although the surrounding area is entirely residential, these two comer properties have always maintained some commercial purpose over the years. But for some reason, the properties were never correctly zoned for commercial purposes. Both businesses are currently considered non-conforming uses. The Planning Commission at their August meeting briefly addressed this issue and seemed somewhat favorable to consideration ofrezoning these properties from R-2 (Residential) to some type of commercial. As mentioned above, the property is currently used for commercial purposes but is zoned residential, as well as designated for future low density residential in the City Comprehensive Plan. Staff has submitted a simple Comp Plan amendment to the Metropolitan Council and has spoken with several Met Council staff about changing the land use designation from Iow density residential to commercial. The Metropolitan Council indicated that they are open to consideration of this minor change as long as the City decides to rezone the properties. Staffis waiting to hear back from the Metropolitan Council for an official approval on this issue. The 37th and Johnson Hair Salon ifrezoned, would be a permitted use in the LB (Limited Business District), as it is considered a professional service and would be an appropriate use in the Limited Business District. Dave's Refrigeration could also be considered a permitted use in the LB District, as the business is also considered a professional service, but is a questionable use in this district because of its intensity. This particular business is a more intensive use than would typically be allowed in the Limited Business District. The business provides service repair on-site and utilizes a number of delivery trucks, which is more than the parcel can handle. The 1601 37th Ave parcel is 26 feet wide, which is almost entirely occupied by the structure, and has no on-site parking for employees, customers, or delivery trucks. Furthermore, passerby can typically view discarded appliances adjacent to the fenced dumpster along Johnson Street. This business would be a more appropriate use at this location if the parcel had parking and provided some sort of screening from residential property. Currently the delivery trucks park up on the curb which creates a dangerous situation at this comer for pedestrians as well as general traffic. This use seems most compatible in the commercial districts on University or Central Avenues. However, the business is considered 'grandfathered'. Case: 2001-0915 Page: 3 Minimum Yard and Density Requirements of the LB (Limited Business District) are as follows: Minimum Lot Area shall be at least 6,000 square feet - subject parcels do not meet this requirement; However, these are previously platted lots. Minimum Lot Width shall be 40 feet - subject parcel at 1529 37th Avenue meets this requirement with 50 feet of lot width, but 1601 37th Avenue does not meet this requirement with a lot width of 26 feet. However both structures are 'grandfathered' Front Yard Setback shall be 12 feet - both structures were built a number of years ago and both structures are within a few feet of the front property line, but are considered 'grand fathered'. Side yard shall be 15 feet and comer side yard shall be 10 feet; Both structures are approximately a few feet from the comer side yard property line. Required Findings: As indicated in the new Zoning and Development Ordinance, the Planning Commission and the City Council shall make each of the following findings before rezoning property: The amendment is consistent with the City Comprehensive Plan - The Comprehensive Plan currently designates these parcels for furore low-density residential use. However, the City is waiting for the Metropolitan Council to determine if they will recommend for a future land use change from low density residential to commercial. · The amendment is in the public interest and is not solely for the benefit of a single property owner - The rezoning is being requested from two business owners. The two owners are requesting that they be rezoned so that appropriate future commercial uses in these structures can be considered legal conforming businesses. · Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification - Staff believes that a rezoning to LB (Limited Business) zoning will not adversely effect the neighborhood. The parcels have always been and are currently being used for commercial purposes, and a rezoning to LB would be a practical solution to legitimize the future of these commercial structures. The Planning Commission had asked for a list of permitted and conditional uses for the LB District (see attached or Page 10-2 in ordinance). As indicated in the ordinance, the purpose of the LB District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. · Multi-family dwellings are allowed in the LB, but neither of these parcels would be large enough to accommodate high density housing. · Government offices are allowed in the LB, but neither of these parcels would be large enough to accommodate this use. · Public park and/or playgrounds are allowed; This could be an appropriate future use of the 1601 37th Avenue parcel if the building was ever demolished. · Medical, dental, veterinary clinics are allowed. However, neither site could support a Case: 2001-0915 Page: 4 large clinic of any kind. · Office space would be ideal for both of these buildings, but the parking would still be an issue for 1601 37th Ave. A small office of some sort would seem to be an appropriate reuse for 1529 37th Avenue. · Professional service or professional studio would also be an ideal reuse for these buildings. Dave's space would be ideal for a studio of some sort because it wouldn't generate the traffic that currently exists. But it would depend upon the type of business and its needs, especially parking. · Retail Sales and a Coffee shop/deli (subject to CLIP) would also be an appropriate reuse for the 1529 37th Avenue location ifrezoned to LB, but these uses would need to be evaluated for parking needs as well. An issue that should be addressed is the off-street parking requirements for these parcels. Obviously both businesses are considered 'grandfathered' even without the zoning change, but future uses will need to be analyzed in relation to intensity and need for off-street parking. The 37th and Johnson Hair Salon parcel has more than the required number of parking spaces for its use. However, Dave's Refrigeration and Appliance has zero (0) off-street parking spaces, and any future use of this space would not have any either unless another site were used or a shared parking arrangement could be made. It is possible that the 1529 property could be used to achieve some off-street parking for the 1601 property. It should also be mentioned that several adjacent residential property owners have contacted staff regarding this issue and have expressed their concerns about this rezoning issue. The neighbors expressed their frustration mostly with Dave's Refrigeration business, including outside storage, and vehicle parking and unloading. Several neighbors were also concerned about any future business opportunities in these structures and their potential impact on the neighborhood. The Zoning Ordinance requires that all off-street commercial uses shall provide appropriate screening from adjacent residential properties. Required screening shall consist of a fence, wall, or earthen berming and/or vegetation no less than six (6) feet in height and no less than 80% opaque. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates this area for future low density residential development. However, staffhas submitted a simple Comprehensive Plan amendment to the Metropolitan Council addressing this request for future land use change, and should be receiving a response shortly. It should also be noted that these structures have always maintained some form of commercial use so a change in the furore use of this land to allow for conunercial would seem to be consistent with prior uses. Summary: The positive aspects of this proposal are as follows: 1. Rezoning these properties to LB, (Limited Business) will allow for the properties to be Case: 2001-0915 Page: 5 sold in the future for legitimate limited commercial opportunities. 2. Rezoning these properties to LB will allow for the zoning to be consistent with furore land uses. The negative aspects of this proposal are as follows: 1. The proposal does not comply with the recently adopted City Comprehensive Plan. 2. The issue of spot zoning could be argued, but staff does not believe that the rezoning of these two parcels would necessarily constitute spot zoning. Conclusion Staff Recommendation: Staff recommends approval of the rezoning of 1529 and 1601 37t~ Avenue NE, from R-2 (Single and Two-Family Residential) to LB, Limited Business, as the proposal is in the best interests of the public, and these buildings cannot reasonably be put to use under current residential zoning. Recommended Motion: Move to recommend City Council approval to rezone 1529 37t~ Avenue NE and 1601 37t~ Avenue NE fi.om R-2, Single and Two-Family Residential District, to LB, Limited Business District, as the rezoning is consistent with the commercial land use, and these buildings cannot reasonably be put to use under current residential zoning. Attachments: Completed Application Form; Applicant narrative; Limited Business District provisions; Zoning Amendment findings; Revised Site Plan; Rezoning Area Map; and, Public Notice PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING M£MDEI~$ Thomas Bamsdel/, Chair Ted Yehle Oonna $chmitt Stephan Johnson Tamara 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, September 4, 2001. The order of business is as follows: A request to rezone properties located at 1529 and 1601 37m Avenue NE, from R-2 (single and two.family residential) to LB (Limited Business). The properties are currently being Used for commercial purposes, but are zoned as residential. You are being sent this notice as your property is within 350 feet of this rezoning request. 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. (TBDI706-3692 for deaf or hearing impaired only.) Augum 20, 2001 TO: City of Columbia Heights Planning and Zoning Commision RE: Re-zoning request My name is Diane Neeb and I the owner/proprietor of 37th and Johnson Hair & Tanning Company located at the intersection of 37th Avenue NE and Johnson Street in Columbia Heights. I have operated my salon from this location for over 20 years. Prior to ~ another salon occupied this building for a number of years. Prior a water sol~ener business was located here. This building was initially constructed for a small grocery store. Earlier this year, ! made a personal decision to sell my business. I contacted a local realtor and listed the property. A small 2-person print shop made an offer, however upon checking into zot~ng it was discovered that my building is located in a residentially zoned area. As a result, I am having extreme difficulty listing and selling my property as a commercial building due the the existing zo~g requirements. I believe that my property as well as the parcel across the street now occupied by Dave's Refrigeration and Appliance can never be converted to residences. They were constructed to be used commercially. The building occupied by Dave's Refri~on was previously used as a flower shop. I am appealing to have these two parcels re-zoned as commercial/light business so that I am able to sell my prol~'ty. Dave Roberts, owner of Dave's Refrigeration, has expressed his concern about this zoning problem and feels it needs to be changed. Under the current zoning I am only able to sell this building to another barb~/beau~ salon, a tanning salon or a ~!I.~ salon. This limits my ability to st41 my property. Approximately 5 years ago, I first attempted to sell my building but r~:eived no firm offers at that time. Neither then nor now have I received any offers from the salon, tanning or nails industries. I am requesting r~- zonin_q of these two properties mentioned bec_~ over the course of the history of these two properties, they were designed and used only as commercial/light business. Over the 20+ years that I have operated my business at this location, I have continued to maintain and upgrade its appearance. I am in the process of replacing the roof a~ the pregnt time. I feel a responsibility to keep the appearance of this corner in Columbia Heights as attractive as possible and compatible with the surrounding residential properties. However, with the existing zoning requirements, I feel as though I am being extremely limited in ray choices to sell. I hope you will consider this request to r~.zone for my well-being as well as for all Thank you for your attention to this request. Sincerely, Diane Neeb, own~ 3 7th & Johnson Hair Co. I~ 3929 I 3926 ~,l~l~, 3929 , ~ 3938 3934 3930 3918 5912 3908 3904 3900 3856 1500 1506 I 3850 J 3844 :=_...~ ~ ....._._~ 3838 ,'-.-" 3818 ..L. 3813 3816 3807 3801 3731 3812 3808 5730 S 0 0 1600 3845 3842 3839 3836 3825 3830 , 3819 3820 3815 3812 , 3813 3810 3807 3804 3801 3800 3723 3728 3719 3722 3715 3716 3707 3712 ~.O' 5725 3724 3719 .~'~ 3711 '~,I-¢ 3947 3939 3933 3927 3923 3917 3911 3909 3901 3946 3940 3934 3928 3922 5916 39TH 5910 1853 3841 3825 3817 3813 3807 3801 HART LAKE 3719 3703 %7TU CITY OF COLUMBIA HEIGHTS Application For: ~ezoning X Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other Application Date: Case No: Fee: Receipt No: Date Paid Applicant: 5. Description of 6. Zoning: Applicable City Ordinance Number Section Propo,.d _ 9. Ac~o~led~ment and $i~ature: ~e ~dersi~ed hereby represen:s upon all of ~enalties of law, for the pu~ose of ~duc~ the City o~ Col~bia Heishts ~o take the ction herein requested, =hat all statements herein are t~e and that all work herein mentioned will be done ~ accordance vi=h the Ordnances of the City of Col~bia Heights and ~he lays of ~he S~~ ~i~esa~a.~ TaAen B7: ~ ., CITY OF COLUMBIA HEIGHTS Application For: f-Rezoning / Application Date: Variance Privacy Fence Case No: Conditional Use Permit Subdivision Approval __ Fee: Site Plan Approval , Other , Receipt No: Date Paid Address, 5. Description of Request: Zoning: Applicable City Ordinance Number Present ZoningI Present Use Reason for Request: Section Proposed Zoning Proposed Use' 8. Exhibits Submitted (maps, diagrams, etc.) Acknovledgment and SiKnature: The undersigned hereby represents upon ail of the ,~enalties of lay, for the purpose of inducing the City of Columbia Heights to take the :tion herein requested, that ali statements herein are true and that all york herein mentioned viii be done in accordance vith the Ordinances of the City of Columbia Heights and the lays of the State of Minnesota. .. Taken By:~J PHONE: ATL~NTIO MINNEAPOLIS, MINN. OERTIFIOATE OF' SURVEY 9.1003 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Commercial Districts shall be as specified in the following table. LB GB CBD Minimum Lot Area 6,000 sq. ft. 6,000 sq. ft. Minimum Lot Width 50 feet 40 feet 20 feet Minimum Lot Depth Lot Area Per Dwelling Unit Single Family Dwelling 6,500 sq. ft. Multiple Family Dwelling Efficiency 1.200 sq. ft. 1,200 sq. ft. One bedroom 1,800 sq. ft. 1,800 sq. ft. Two bedroom 2,000 sq. ft. 2,000 sq. ft. Three bedroom 2,500 sq. ft. 2,500 sq. ft. Additional bedroom 400 sq. ft. 400 sq. ft. Congregate Living Units 400 sq. ft. 400 sq. ft. Hotel or motel 400 sq. ft. Hospital 600 sq. ft. Building Setback Requirements Front Yard 12 feet 15 feet 1 foot Side Yard 15 feet None None Comer Side Yard 10 feet 15 feet 1 foot Rear Yard 20 feet 20 feet 10 feet Parking Setback Requirements Front Yard 12 feet 15 feet I foot Side Yard 5 feet 5 feet None Comer Side Yard 12 feet 15 feet 1 foot Rear Yard 5 feet 5 feet 5 feet Maximum Height 35 feet 35 feet Maximum Lot Coverage Floor Area Ratio 1.0 6.0 9.1004 LB, Limited Business District. 1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the LB, Limited Business District. a) b) c) d) City of Columbia Heights Multiple family dwelling. Government office. Government protective service facility. Public park and/or playground. Zoning and Development Ordinance - Section 10 Page 10-2 e) f) g) h) i) J) Clinic, medical or dental. Clinic, veterinary. Funeral home. Office, not exceeding 4,000 square feet in area. Studio, professional. Service, professional. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) 0 g) h) i) J) k) l) m) n) o) P) q) r) s) Religious facility/place of worship. Convent or monastery, when accessory to a religious facility. School, public or private, K-12. School, vocational or business. School, performing/visual/martial arts. Licensed day care facility, child or adult. Government maintenance facility. State licensed residential care facility. Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing. Bed and breakfast home, when accessory to a single-family dwelling. Community center. Recreational facility, indoor. Recreational facility, outdoor. Single family dwelling, when accessory to a commercial use. Food service, limited (coffee shop/deli). Hospital. Museum/gallery. Retail sales, not exceeding 2,500 square feet in area. Hotel or motel. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the LB, Limited Business District: a) b) c) Private garages, parking spaces and loading areas. Accessory buildings. Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. Landscaping and other horticultural uses. City of Columbia Heights Zoning and Development Ordinance - Section 10 Page 10-3 9.405 (2) (3) Appeals Ri~gAppeal. At any time within 30 days atter a written_~er, requirement, determin~a _~m~_or final decision has been made by the..Ze/fing Administrator or other official in~reting or applying this Ordin~, except for actions taken in connec~th pr.~ions for violations~eof, the applicant or any other person affected bY such active decision. A~frAp~. ~ ~be made by filing a written notice of Commission, and st~ specifi'~unds upon which the appeal ismade. ,~ _ ~ e on, sittin th oar-e- /..^ppcals ande ng ommission shall render its findings. 9.406 Zoning Amendments (1) Right of Application. Amendments to the text of this Ordinance or to the district boundaries on the official zoning map may be initiated by the City Council, the Planning Commission, or by application of any person with a legal interest in the affected property. (2) Application for Amendment: An application for an amendment to change the district boundaries on the official zoning map or the text of this Ordinance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a map or plat showing the lands proposed to be changed, a concept development plan and any other information determined by the Zoning Administrator to be necessaD,. (3) Public Hearing. The Planning Commission shall hold a public hearing on the complete application for a zoning amendment and all amendments initiated by the City Council or Planning Commission in accordance with the requirements of this Section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. (4) City Council Action. The City Council shall make the final decision regarding an application for a zoning amendment. Amendments of this Ordinance or the district boundaries on the official zoning map shall require a four fiffi~s (4/5) majority vote of the City Council. (5) Required Findings. The City Council shall make each of the following findings before granting approval of a request to amend this Ordinance or to change the district boundaries on the official zoning map: City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-6 © © The amendment is consistent with the Comprehensive Plan. The amendment is in the public interest and is not solely for the benefit of a single property owner. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken Place since such property was placed in its current zoning classification. 9.407 (1) (2) (3) (5) Variances this zoning The purpose of a variance is to provide a · ' of this Ordinance where strict because of circumstances unique to the to allow a variance for a use that is not Right application for from the would cause undue It is not the intent of within a particular Any person with ale Application for Variance. Zoning Administrator on the plan and any other info~ necessary. in the property may file an Public Hearing. The Plannin Adjustments, shall hold a variance in accordance the hearing, the recommendation to the City Council Action· application for a variance shall for a variance shall be filed with the form and shall be accompanied by a site by the Zoning Administrator to be .X sitting as the Board of Appeals and heating the complete application for a requirements Section. After the close of Commission shall findings and submit its Council. (6) Required Findi before City Council shall make the from the provisions of this a simple majority vote of the City regarding an Approval of a The City Council shall make each of the variance from the provisions of this Ordinance: findings City of Columbia Heights Zoning and Development Ordinance - Section 4 Page 4-7 COMMUNITY DEVELOPMENT DEPARTMENT Mayor Gary L. Pctcrson Councilmembers Donald G. Jolly Marlainc Szurek Julicnne Wyckoff John Hunter City Manager Walter 1L Fehst Date: To: From: Re: August 28, 2001 Planning and Zoning Commission Tim Johnson, City Planner Sale of property ~ 4656 Monroe Street NE A vacant City owned lot at 4656 Monroe Street has been proposed to be sold through a public bidding process. The property will be sold for a single-family residential home. Minnesota Statute 462.356 requires that if a City has a Comprehensive Plan, it must notify the Planning Commission of the intent to purchase or sell land. The newly adopted City Comprehensive Plan designates this property for low density residential. This proposal is consistent with the Comprehensive Plan as this parceI is designated for low density residential use. Recommended Motion: Move to support the action of the Columbia Heights City Council to sell the property at 4656 Monroe Street NE, provided the future development of this parcel remains consistent with the City Comprehensive Plan. COMMUNITY DEVELOPMENT DEPARTMENT Mayor Gary L Petemm Cou ncilm~mbers Donald G. Jolly Marlaine Szurek Julienne Wyckoff John Hunter City Manager Walter R. Fehst Date: To: From: Re: August 28, 2001 Planning and Zoning Commission Tim Johnson, City Planner Accessory structure issue The City Council at their recent work session on August 20, 2001, discussed the on-going accessory structure issue. Both Rich Abraham and Peter Zimmerman were in attendance. The City Council looked at the several options that staff and the Planning Commission had reviewed and recommended that staff and the Planning Commission revisit the issue. The City Council discussed the issue at length and seemed favorable to changing the ordinance as indicated in the amendment attached. The recommended amendment from Council would still.allow for a 1,000 square foot detached structure. However, the amendment would only allow for a single 600 square foot detached garage when an attached garage is present, with an additional 150 square feet allowed for a storage shed or other accessory structure. In Mr. Abraham's case (currently 560 square feet attached space), this would mean that with this amendment, he could build a 24 X 24 or 20 X 30 (600 square foot) detached garage, as well as another 150 square foot detached storage shed on the property. Conceivably Mr. Abraham could have 1,310 square feet of total accessory structures on the property. PROPOSED ZONING TEXT AMENDMENT Chapter 9; Section 6; Page 6-4 9.603 Accessory Uses and Structures. Now reads: 9.603 1) e) An accessory structure, or any combination of accessory structures, storage sheds and attached garages, shall not exceed one thousand (1,000) square feet in area. Proposed: Recommended Amendment 9.603 1) e) For single and two-family residential dwellings, no detached garage or detached accessory structure or combination of detached garages or detached accessory structures shall exceed 1,000 square feet. Nor shall any detached accessory garage or accessory structure footprint exceed the footprint of the principal structure (excluding any attached garage area).In addition, no attached garage shall exceed 1,000 square feet, When an attached garage is present, a single detached garage or detached structure is allowed not to exceed 600 square feet, with an additional allowance of a maximum of 150 square feet for a storage shed or other accessory structure. COMPARISON OF OTHER CITIES ALLOWANCES FOR ACCESSORY STRUCTURES City of Richfield · 1,000 sq. ft. maximum for detached structures · detached structure cannot exceed principal structure sq. fl:. · allow an additional 200 sq. fL above 1,000 sq. fL for attached garage space City of St. Anthony · Lots 7,000 sq. ff. or less allow a maximum of 35% lot coverage for house and acc structures · Lots 9,000 sq. ft. or more allow a maximum of 40% lot coverage for house and acc structures City of Robbinsdale Lot Width Max. size for a single buildin~ Total coverage of all ACC bldg. Incl. Attach. Struct. 0-49 f. 800 1000 50-59 ft. 860 1060 60-79 ft. 920 1 I20 80-99 ff. I000 1200 100+ ft. 1200 1400 In no case shall the floor area of an ACC building exceed 100% of the main floor area of the principal structure. City of Crystal · No ACC. Swacture can exceed 30% of the rear yard area · Attached garages are not considered ACC. Structures. St. Louis Park · No ACC. Structure can exceed 25% of the rear lot area or 800 sq. ft; whatever is less. · Don't treat attached garages as ACC. Structures · Detached structure footprint cannot exceed the footprint of the pr/nc/pal structure. Ci~ of Edina · 1,000 sq. ft. maximum for detached garages · Attached garages are not treated as ACC. Structures · Detached structure footprint cannot exceed the footprint of the principal structure. Brooklyn Park · 1,000 sq. ff. maximum for detached garages · ACC. Structure cannot exceed the sq. ff. of principal structure. · ..4.11ow for up to 1,500 sq. ft. offACC. Structure, but only if lot is one acre or more. New Brighton * Ifa property has attached garage space; detached garages cannot exceed 600 sq. ff. · If no attached garage, detached structure cannot exceed 1,000 sq. ff. City of Lauderdale · No accessory structure can exceed 30% of lot coverage 10. West St. Paul · 800 sq. ff. allowed for lots 75 feet in wid~ or greater for detached garages · 624 sq. ff. allowed for lots 60 feet in wide or less · Attached garages are not treated as ACC. Structures 11. Golden Valley · Allows for a maximum of 1,000 sq. ft. of accessory structure including attached or detached · Detached structure cannot exceed the principal structure in size 12. South St. Paul · 1,000 sq. ff. maximum for detached structures · Detached garage footprint cannot exceed the footprint of the principal structure 13. City of Fridlev · Total floor area of all accessory structures shall not exceed 1,400 square feet. · Any second accessory structure in excess of 240 square feet shall require a special use permit. · A private garage shall not exceed 100% of the first floor area of the dwelling unit or a maximum of 1,000 square feet. 14. North Saint Paul · The total square feet of an accessory structure shall not exceed 10% oft. he lot area, and in no case shall it exceed 1,008 square feet of gross floor area. · Attached garages are not treated as ACC. Structures 15. Falcon Heiehts · The total area of all accessory buildings cannot exceed 1,000 square feet or 40% of 30 X lot width; whichever is less. H:\Tim2001XGarage S~ucture Compamons