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HomeMy WebLinkAboutMarch 14, 2000Planning and Zoning Commission Minutes March 14, 2000 Page 1 PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES March 14, 2000 The March 14, 2000, Planning nad Zoning Commission meeting was called to order by Chairperson Ramsdell at 5:00 p.m. Members present were Yehle, Hanson, Shattuck, Johnson, and Ramsdell. Also present were Joe Hollman (City Planner) and Ken Anderson (Community Development Director). Motion by Yehle, seconded by Hanson to approve the minutes from the meeting of February 1, 2000, as presented in writing. Voice Vote: All Ayes. Motion passed. New Business: Public Heating Conditional Use Permit Case #2000-0304 Ace Hardware Re: 2261 37th Avenue NE Columbia Heights, MN Hollman stated that Dan Terzich, Manager of Ace Hardware, is requesting a Conditional Use Permit to allow the use of an accessory structure consisting of a 21' x 48' tent to be located in the far east side of the parking lot at 2261 37th Ave. NE from April 10, 2000 through July 31, 2000 for the purpose of conducting retail sales of green and flowering plants. Approximately eight (8) parking spaces would be eliminated directly in front of the Ace Hardware store. This will be the 8th year Frattalone's Ace Hardware will operate their greenhouse in the same location. The Commission was informed that 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 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. Hollman stated that 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 accessory structure over eight parking spaces. According to Section 9.113(2)(a) of the Zoning Ordinance, accessory buildings are only allowed as a Conditional Use within any "RB" Business District. The proposal is consistent with zoning regulations. There will be two exits and two fire extinguishers in the tent. Also, the Fire Department has reviewed and approved the plans. 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. Planning and Zoning Commission Minutes March 14, 2000 Page 2 Hollman stated that 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. Hanson questioned the purpose of the $500 deposit. The Commission was informed that it served as a security deposit and would be returned upon the timely removal of the structures. Shattuck questioned whether the application was filed before the development moratorium was imposed by the City Council. Hollman informed the Commission that the application was filed prior to the moratorium on February 10, 2000. Ramsdell opened the public heating for comment. There was no one present to comment. The hearing was closed. Motion by Hanson, seconded by Yehle, to recommend City Council approval of the Conditional Use Permit to allow the operation of a temporary green and flowering plant sales tent at 2261 37th Avenue NE from April 10, 2000, through July 31, 2000, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structure on the site. Voice Vote: All ayes. The item will appear on the consent agenda for the March 27, 2000, City Council meeting. Public Hearing Conditional Use Permit Case//2000-0305 Gregg Lundquist, Tires Plus Re: 5126 Central Avenue NE Columbia Heights, MN Hollman explained that this is a request for a Conditional Use Permit and Site Plan approval to construct a 16' x 16' (256 square feet) store front entry tower on the building occupied by Tires Plus at 5126 Central Avenue NE. He stated that the proposed entry will be 34 feet in height. The Commission was informed that Case//8407-35 was a request for a Conditional Use Permit and Site Plan approval to allow the construction and operation of Skippers restaurant. Case #9206-09 was a request for a Conditional Use Permit and Site Plan approval to allow a 3,428 square foot addition to the building for a tire and battery sales and service operation (Tires Plus) on the property. Also, in 1992, Ordinance 1242 was adopted which was an Ordinance amending the Zoning Ordinance to allow tire and battery sales and service as a Conditional Use Permit in the RB, Retail Business District. Hollman stated that the surrounding property on the north, south and east is zoned RB, Retail Business and is used commercially. The property to the west is zoned R-2, Single and Two Family Residential, and is used residentially. He said that the subject property is zoned RB, Planning and Zoning Commission Minutes March 14, 2000 Page 3 Retail Business District, and Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for tire and battery sales and service in the RB District. He reminded the Commission that Tires Plus received a Conditional Use Permit in 1992. Section 9.105(5) of the Zoning Ordinance states that changes to an approved Conditional Use Permit involving structural alterations, enlargements, intensification of use, or similar changes shall require a new application. Because the proposal includes structural alterations, a new Conditional Use Permit will need to be approved. Also, Section 9.105(6) of the Zoning Ordinance requires that the Planning and Zoning Commission review and approve site plans prior to the issuance of building permits for construction other than single and two family residence. Hollman explained the minimum yard and density requirements: · Lot Width shall be at least 50 feet - subject parcel is approximately 150 feet wide; · Lot Area shall be at least 6,000 square feet - subject parcel is roughly 29,250 square feet; · Front Yard Setback shall be 15 feet - existing structure and proposed addition will meet this requirement; · There shall be at least one 10 foot side yard, the other side yard can be zero feet - the existing building and proposed addition meet this requirement; · Rear Yard Setback shall be 30 feet - the existing building and proposed addition meet this requirement; · The floor area ratio shall not exceed 1.0 - the property will have a floor area ratio of approximately .2 which meets this requirement; · Need minimum frontage of 40 feet - subject parcel has roughly 150 feet of frontage along Central Avenue which meets this requirement. · Maximum height shall be no more than 35 feet - proposed addition will be 34 feet in height which meets this requirement. Hollman stated that parking requirements for a retail operation are at least one parking space for every 200 square feet of floor area. After the construction of the addition, a total of 26 parking spaces will be required, and there are 30 provided on site, so minimum parking requirements will be met. The proposed addition will not encroach into the existing parking lot, so no parking spaces will be lost and traffic circulation will not be impacted. He stated that the Uniform Building Code requires that two handicap accessible (one van accessible) parking spaces be provided if the total number of spaces is between 26 and 50. Currently there is one van accessible space provided, so Hollman recommended as a condition of approval that a second handicap accessible space be provided. Hollman also recommended as a condition of approval that all proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. Hollman stated that the City Comprehensive Plan designates this area for future Commercial development. One goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods, and the Plan promotes the rehabilitation of existing development land in the City. The proposal will not negatively impact any nearby residential areas and the addition will enhance the aesthetics Planning and Zoning Commission Minutes March 14, 2000 Page 4 and visibility of the business, so the proposal is consistent with the Comprehensive Plan. Hollman explained that staff recommends approval of the Conditional Use Permit and site plan to allow the construction of a 16' x 16' (256 square feet) store front entry tower on the building occupied by Tires Plus at 5126 Central Avenue NE. Ramsdell opened the public hearing for comment. There was no one present to comment. The hearing was closed. Motion by Yehle, seconded by Hanson, to approve the site plan to allow the construction of a 16' x 16' store front entry tower on the building occupied by Tires Plus at 5126 Central Avenue NE, subject to the following conditions. 1. City Council approval of the Conditional Use Permit. 2. A second handicap accessible parking space shall be provided on the site prior to the issuance of a final certificate of occupancy for the project. Voice Vote: All ayes. Motion by Yehle, seconded by Johnson, to recommend City Council approval of the Conditional Use Permit to allow the construction of a 16' x 16' store front entry tower on the building occupied by Tires Plus at 5126 Central Avenue NE, subject to the following conditions. 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 3. A second handicap accessible parking space shall be provided on the site prior to the issuance of a final certificate of occupancy for the project. Voice Vote: All ayes. This item will appear on the consent agenda for the March 27, 2000, City Council meeting. Public Hearing Conditional Use Permit Case #2000-0306 Jorge Jou-Zhang Re: 5050 Central Avenue NE Columbia Heights, MN Hollman explained that this application was withdrawn by the applicant. Old Business: A. Zoning Text Amendment Case #2000-0101 City of Columbia Heights Planning and Zoning Commission Minutes March 14, 2000 Page 5 Hollman provided some background of the request. At their regular meeting on December 7, 1999, the Columbia Heights Planning and Zoning Commission moved to direct staff to initiate the necessary process for a zoning text amendment to allow five for sale vehicles to be displayed at any time in the Central Business District as opposed to two which is currently allowed. A proposed amendment was discussed during the January meeting and the proposal was eventually denied, as the Commission decided that it would be beneficial to examine applicable regulations for auto sales in all zoning districts, not just the Central Business District. During the February 1 meeting, a number of issues were discussed and staffwas directed to prepare an amendment for the Commission to review and also research similar ordinances from nearby communities. Hollman informed the Commission that staffhas contacted the City of Fridley, and they allow "Agencies selling or displaying new and/or used motor vehicles" in their C-2, General Business District, and their C-3, General Shopping Center District, as a special use permit. As an example the following summarizes the stipulations that they imposed on their approval for Friendly Chevrolet. 1. Curbing to be installed around blacktop parking and driveway areas located in front of building. 2. Parking spaces on parking area to be marked for cars. 3. Curbing to be provided along blacktop area along Fireside Drive sometime in the future. 4. Landscape and planting to be approved by the City. 5. Slats in existing bullpen area. 6. Provide security lighting. 7. 10' radii on all blacktop comers. 8. Provide 30' planting strip directly in front of building. 9. Provide 15' planting strip along west side of 2 parking lots located to the north and south of building. 10. All remodeling to be subject to Fire Codes. The City of New Brighton allows auto sales as a Special Use Permit in their B-3 General Business District which is their most intense commercial district. They don't have any specific conditions that need to be met but review each proposal on a case by case basis and attach conditions to the approval as deemed necessary. The City of Shoreview allows vehicle sales as a Conditional Use Permit in their C-2 General Commercial District which is their most intense commercial district and is intended to be located at an intersection that includes an arterial roadway. As is done in Fridley and New Brighton, Shoreview's Zoning Ordinance does not contain specific conditions for vehicle sales, but conditions can be placed on a Conditional Use Permit approval by the City Council on a case by case basis. The City of West St. Paul allows as a Conditional Use Permit automobile and other vehicles of transportation sales when they are new products and when conducted entirely within a building in their B-3 General Business District. Planning and Zoning Commission Minutes March 14, 2000 Page 6 Hollman summarized the information from other communities. · None of the communities researched limit the number of vehicles that can be displayed for sale. · It appears that these communities allow auto sales in their higher intensity commercial districts, similar to our RB, Retail Business District, and GB, General Business District. · Typically, conditions are placed on an approval by the City Council and are not part of the ordinance. Hollman explained current regulations in the Columbia Heights Zoning Ordinance. CBD, Central Business District, as a Conditional Use Permit. 9.112(2)(o) Car Sales/Fleet Sales/Advertisement provided that: (i) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (ii) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces. (iii) No more than two (2) cars will be permitted for such use at any time. (iv) No "for sale" or "fleet" vehicle can remain on the lot for more than fourteen (14) days at any one time. RB, Retail Business District, as a Conditional Use Permit. 9.113(2)(k) Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, provided that the following requirements are met: 1) 2) 3) 4) 5) Parking area for car sales cannot eliminate required parking spaces for primary use. No more than ten (10) vehicles can be displayed for sale at any one time. Traffic flow on lot, lighting, parking lot striping must be approved through the Conditional Use Permit process before approval for such operation can be granted. Size, type and style of any signage for such vehicle must be within the vehicle at all times and approved by staff. All required state and local licenses must be obtained. GB, General Business District, as a Permitted Use. 9.114(1)(c) Auto and truck sales, auto repair. I-2, Industrial Business District, as a Conditional Accessory Use. 9.115A(2)(b) Auto sales, subject to the following conditions: (i) The use of the property for auto sales must be accessory only to auto repair or auto reduction yards. (ii) The permitted and accessory uses must be on a site plan approved by the Planning and Zoning Commission or by the City Council. (iii) An open auto sales lot must comply with the provisions of Section 9.116(14). (iv) All autos presented for sale must be parked on an impermeable to oil and water surface in good repair, such as asphalt or concrete and on parking spaces no smaller than twenty feet (20') in length by ten feet (10') in width. (v) No more than fifteen (15) cars may be available for sale at any given time. Planning and Zoning Commission Minutes March 14, 2000 Page 7 (vi) (vii) All cars offered for sale must be stored within a securely fenced area. All customer and employee parking must be located on a parking lot with a surface impermeable to oil and water, such as asphalt or concrete, said surface must be maintained in a condition of good repair. Hollman suggested that should the Planning and Zoning Commission wish to forward an amendment to the City Council, the text should be amended to contain consistent conditions between districts. Hollman recommended that a separate section be created that contains these requirements, and the newly created section would be referenced for each district that allows vehicle sales. Cun-ently, the Zoning Ordinance has Section 9.116(14) which regulates open sales lots, so Section 9.116(14)(B) could be created which specifically regulates vehicle sales lots. Also, Section 9.116(14) would be changed to 9.116(14)(A). Hollman explained the proposed amendment. 9.116(14)(B) Vehicle Sales Lots are subject to the following conditions. (a) The lot is surfaced and graded according to a plan submitted by the applicant and as approved by staff. (b) A site plan illustrating access aisles, parking locations for for-sale or fleet vehicles, storage areas, and other applicable features shall be submitted for review and approval. (c) The "for sale" or "fleet" vehicles cannot eliminate required parking spaces and must be parked entirely on a privately owned parking lot(s) with a surface impermeable to oil and water, such as asphalt or concrete. Signage for such vehicle must be securely attached to the vehicle and shall not extend above the roof of such vehicle. For the purposes of this condition, the vehicle roof shall be considered the highest factory installed body part, excluding accessory parts such as roof racks and antennas. There shall be a building located on the lot(s) devoted to the conduct of business for vehicle sales. (d) (e) It was explained that amendments would also be necessary for each of the pertinent district sections that address vehicles sales. These amendments were explained. CBD, Central Business District, as a Conditional Use Permit. 9.112(2)(0) Car Sales/Fleet Sales/Advertisement, subject to the conditions of Section 9.116(14)(B) and provided that no more than five (5) vehicles will be permitted for such use at any time. RB, Retail Business District, as a Conditional Use Permit. 9.113(2)(k) Vehicles not to exceed 2 tons, for sale in conjunction with only automobile repair businesses which do not sell fuel, subject to the conditions of Section 9.116(14)(B) and provided that no more than ten (10) vehicles will be permitted for such use at any time. Planning and Zoning Commission Minutes March 14, 2000 Page 8 GB, General Business District, as a Permitted Use. 9.114(1)(c) Auto and truck sales subject to the conditions of Section 9.116(14)(B), and auto repair. I-2, Industrial District, as a Conditional Accessory Use. 9.115A(2)(b) Auto sales, subject to the following conditions: (i) The use of the property for auto sales must be accessory only to auto repair or auto reduction yards; (ii) Vehicle sales shall be subject to the conditions of Section 9.116(14)(B); (iii) No more than fifteen (15) vehicles will be permitted for such use at any time; and, (iv) All vehicles offered for sale must be stored within a securely fenced area. The issue was opened up for discussion. Ramsdell asked if other communities allow auto sales in their downtown areas. Hollman responded that a comparable zoning district for other communities is the RB or GB District. A question was asked regarding the impact of the proposed amendment on the Central Business District as opposed to other districts. The proposed signage requirement was discussed. There was a general concern about the impact of the proposed amendment on the Central Business District and on Central Avenue. A general discussion followed pertaining to signage. There was also general discussion on districts not allowing auto sales such as the LB, Limited Business District, the I, Industrial District, and the four residential districts. A question was posed to Rick Lange, President of the First Community Credit Union, regarding requirements at other Credit Union locations in the metro area. Mr. Lange stated that they are allowed to display one vehicle for sale at their Coon Rapids location and there is not a limit at the Champlin location. A question was asked regarding the timeline to approve the amendment. Hollman stated that the Ordinance would take two readings by the City Council, and the amendment would take effect 30 days after the second reading. Shattuck questioned whether direct mailings would be delivered to property owners. Hollman explained that a public hearing would be held and a legal notice would be published in the Focus News. Shattuck stated that he was not in favor of allowing five vehicles to be displayed for sale in the Central Business District due to potential impacts. Mr. Lange stated that there is a need in the community to allow supplemental business, and that he does not think that many businesses will apply for a permit to allow auto sales. Ramsdell moved to recommend City Council approval of Ordinance 1404, an Ordinance amending sections 9.112(2)(o), 9.113 (2)(k), 9.114(1)(c), 9.115 A(2)(b), and 9.116 (14) of the Columbia Heights Zoning Ordinance. This motion failed due to the lack of a second. There was general discussion among the Commission that the number of vehicles allowed to be displayed for sale in the Central Business District remain at two as oppose to five which was requested. Planning and Zoning Commission Minutes March 14, 2000 Page 9 Motion by Shattuck, seconded by Hanson, to recommend City Council approval of Ordinance 1404, an Ordinance amending sections 9.112(2)(o), 9.113(2)(k), 9.114(1)(c), 9.115A(2)(b), and 9.116(14) of the Columbia Heights Zoning Ordinance, provided that the number of vehicles allowed to be displayed for sale in the Central Business District remain at two. Roll Call Vote: Yehle - aye; Hanson - aye; Johnson - aye; Shattuck - aye; Ramsdell - nay. Motion passed. The item will appear on the agenda for the March 27, 2000, City Council meeting. Staff Reports: A. Government Training Service Land Use Planning Workshops. Hollman stated that Government Training Service is offering land use planning workshops again this spring. The registration fee is $99/person, or there is a special group discount of $85/person for organizations registering three or more people for any of the courses. He stated that if any Commissioners are interested in attending they should contact staff, and the City would make arrangements. This was followed by general discussion. No action was taken on this item. B. StarBar and Grill Hollman updated the Commission on the status of the StarBar and Grill at 4005 Central Avenue NE. During the February Planning and Zoning Commission meeting, the Commission discussed the amount of seating in the StarBar and Grill at 4005 Central Avenue NE. Based on our discussion, staff inspected the property on February 14, 2000, at which time 70 permanent seats were counted in the restaurant which is a violation of the Columbia Heights intoxicating liquor ordinance. Please note that the ordinance requires that a minimum of 150 permanent seats be maintained for an intoxicating liquor license. The business owner was notified of the violation on February 17, 2000, and he was informed that a public heating would be set to suspend the intoxicating liquor license for the StarBar and Grill at 4005 Central Avenue NE for Monday, February 28, 2000. He was also informed that the property would be reinspected prior to the hearing and if at least 150 permanent seats were provided at the time of the reinspection, the license suspension could be removed from the City Council agenda. Hollman explained that staff met with the owner of the StarBar and Grill on Monday, February Planning and Zoning Commission Minutes March 14, 2000 Page 10 28, 2000, to review the seating. The number of seats were counted, and 150 have been provided, so the property is in compliance with the intoxicating liquor ordinance. No action was taken on this item. 120 day moratorium on the change in use of property within the business districts in the City. Hollman stated that on February 14, 2000, the Columbia Heights City Council adopted Resolution 2000-12, which is a resolution of the Columbia Heights City Council imposing a 120 day moratorium on the change in use of property within the business districts in the City of Columbia Heights. This moratorium was imposed in reaction to City Council concerns about recent development trends in the City, particularly in downtown Columbia Heights. Hollman explained that the length of the moratorium is for 120 days which, in staff's estimation, will be the minimum amount of time necessary to complete the Comprehensive Plan update, the Master Redevelopment Plan for Downtown Columbia Heights, and the rewrite of the Columbia Heights Zoning Code. The proposed moratorium will impact all business districts in the City which includes the LB Limited Business District, the CBD Central Business District, the RB Retail Business District, and the GB General Business District. Hollman stated that the language is drafted so that any change in use will not be allowed while the moratorium is in effect. Change in use shall be interpreted to mean any occupant change from the time of adoption of this resolution which includes, but is not limited to, activities such as a change in tenant, redevelopment of property, or new development. Activities affected by this moratorium include anything requiring action by the Planning and Zoning Commission, building permits for work involving structural changes, and change in tenant or owner-occupant of a property. However, it does not include building permits for maintenance issues such as roofs and/or siding, and formal applications submitted for Planning and Zoning Commission action prior to the date of adoption of this resolution are not impacted by the moratorium. All owners of property zoned for business use in the City were notified of the moratorium in writing on February 18, 2000. No action was taken on this item. Motion by Yehle, seconded by Hanson, to adjourn the meeting at approximately 6:30 p.m. Voice Vote: All ayes. Respectfully submitted, City Planner