Loading...
HomeMy WebLinkAboutMarch 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- MINUTES March 6, 2001 MEMBERS Tom Rarnsdell, Chak Donna Schmitt Ted Yehle Stephan Johnson Tammera Ericson The March 6, 2001 Planning and Zoning Commission meeting was called to order at 7:00 p.m. by Chairperson Ramsdell. Members present were Schmitt, Ericson, Johnson, Yehle, and Ramsdeli. Also present were Kathryn Pepin (Secretary to the Planning and Zoning Commission), and Tim Johnson (City Planner). Motion by Yehle, seconded by Ericson, to approve the minutes from the meeting of February 6, 2001 and the work sessions of February 1 and 13, 2001 as presented in writing. Voice Vote: All Ayes. Motion passed. NEW BUSINESS: Public Hearing Conditional Use Permit Case #2001-0302 Linder's Greenhouses, Inc. RE: 4300 Central Ave. N.E. Columbia Heights, Mn. Planner Johnson presented the request of Peter Linder of Linder's Greenhouses, Inc. for a Conditional Use Permit to allow the operation of a temporary "mini garden center" and retail sales out of a tent in the easterly portion of the parking lot of Central Valu Mall at 4300 Central Avenue from April 15, 2001 through July 7, 2001. He added that this would be the tenth year Linder's will have an operation at this location, He informed the Commission that Section 9.113(2)(a) of the Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit for accessory structures. He stated that the proposal is the same as in past years with two structures plus a patio area in front enclosed by a fence. He added that the principal uses of the subject parcel are preexisting and comply with zoning regulations. The parking, as it exists, exceeds zoning requirements and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. Planner Johnson directed the Commission's attention to an agreement between Linder's and Rainbow Foods as well as a report from the Fire Department regarding their review of the proposal indicating no concerns with the project. Chairperson Ramsdell opened the public hearino. The public hearing was closed as no one present wished to speak regarding this case. MOTION by Johnson, seconded by Yehle, to recommend to the City Council the approval of the Conditional Use Permit as requested to allow the operation of the temporary greenhouse/retail sales in the parking lot of 4300 Central Avenue from April 15, 2001 through July 7, 2001 provided a 8500 deposit is submitted to the License/Permit Clerk prior to the installation of the structures at the site. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE MARCH 12, 2001 CITY COUNCIL AGENDA. THE CItY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONNO COMMISSION REGULAR MEETING - MINUTES MARCH 6, 2001 PAGE 2 Public Hearing Conditional Use Permit Case #2001-0303 Frattalone' s Ace Hardware RE: 2261 N.E. 37t" Avenue Columbia Heights, Mn. Planner Johnson presented the request of Dan Terzich, manager of Ace Hardware, for a Conditional Use Permit to allow for the placement of a 21'x48' tent in the southeast side of the parking lot for the display and sale of green and flowering plants from April 1 through July 31, 2001. He stated that this would be the same as operated on the property for the last eight years eliminating approximately seven (7} parking spaces. The existing parking exceeds zoning requirements and the property will still meet the minimum parking requirements after the placement of the plant display over the seven parking spaces. He added that the operation should not have any effect on vehicular access for the site as the adjacent parking lot aisle will not be blocked in any way. Section 9.113(20(a) of the Zoning Ordinance allows open sales lots as a Conditional Use in the RB, Retail Business District. He stated that the proposal is consistent with zoning regulations. In addition, the Fire Department has reviewed the proposal and has indicated there are no concerns with the proposal. Chairperson Ramsdell asked Mr. Terzich if the tent was proposed to be in the same location as in past years. Mr. Terzich replied that the location would be the same as in the past. Chairperson Ramsdell opened the public hearing. The public hearing was closed as no one present wished to speak regarding this case. MOTIO~I by Johnson, seconded by Yehle, to recommend to the City Council the approval of the Conditional Use Permit request as presented to allow the placement of a 21' x 48' tent in the southeast parking lot for the display and sale of green and flowering plants form April 1 through July 31, 2001 at 2261 N.E. 37th Avenue provided a ,~500 deposit is submitted to the License/Permit Clerk prior to the placement of the tent on the lot. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE MARCH 12, 2001 CITY COUNCIL AGENDA. Co Public Hearing Conditional Use Permit Case #2001-0304 Ok Cha Kwon RE: 4952 Central Ave. N.E. Columbia Heights, Mn. Planner Johnson presented the request of Ok Cha Kwon for a Conditional Use Permit to allow the intensification of the current Tycoon's Bar and Restaurant by adding on-sale wine at 4952 Central Avenue NE. The applicant is PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 2001 PAGE 3 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 servino beer and wine and will maintain the same name and hours of operation. He added that the original Conditional Use Permit was approved in 1977 for the restaurant use. He informed the Commission that the subject property is located in the RB, Retail Business District. Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants in the RB District. He added that the 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 from 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. The 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. Mr. Johnson stated that 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 would 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 or rear of the building and one proposed handicap accessible parking space with an eight foot access aisle located on the east side or front 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. However, Staff 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. He added that the City does recognize that the clientele will probably continue to park in this area as it is most accessible to the building. He indicated that the existing loading area is located on the northwest corner 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 shell be kept in an enclosed building or properly contained for such purposes. He added that the site currently has an open dumpster area visible to passersby and 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. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH $, 2001 PAGE 4 Planner Johnson stated that there is currently a one bedroom rental unit upstairs from Tycoon's that is licensed. However, the new owner has indicated that they are not planning on maintaining this as a future rental unit. He stated that if this unit would be rented in the future, additional parking would have to be provided for the tenant(s) in addition to what is currently proposed. Chairperson Ramsdell asked the current owner, Ron Karon, if snow was removed from the lot currently as there is no additional space for snow storage on the site. Ron Karon, current owner of 4952 Central Avenue, stated that the snow is pushed into the lot to the south as that lot is not used. Chairperson Ramsdell asked for clarification on how many handicap parking spaces are required. Planner Johnson stated that the Building Official has stated the Building Code requires one handicap space for this site. Commissioner Yehle asked Mr. Karon about the three parking spaces on the southeast (front) of the building and if they are stripped and if they are "thru" spaces, meaning can the people parking there drive through to the next lot. Mr. Karon stated that they are "thru" spaces. Discussion was held regarding the area on the north side of the building currently used as parking area. It was the consensus of the Commission members that the area should not be stripped to allow parking as parking spaces extending into tho public right of way cannot be considered approved parking spaces. The owner could try to angle the spaces but they must conform to the 9'x20' size requirement for a legal parking space. Mr. Karon state that the building is over 40 years old and the clientele that frequent the establishment are neighborhood patrons who are an older crowd. It was his opinion that it would be a disservice to not allow them to park on the north side of the building as they have done for many years. Many of them would not be able to make that long walk from the rear of the lot which has an incline. He indicated the north side has been used for parking for many years without incident. Chairperson Ramsdell opened the public hearing. The public hearing was closed as no one present wished to speak regarding this case. Motion by Johnson, seconded by Yehle, to recommend to the City Council the 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: All required state and local codes, permits, licenses and inspections will be met and in full compliance. 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. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 2001 PAGE 5 3. Twenty-five (25) parking spaces proposed will need to be striped and maintained. 4. Seventy-five (75) permanent seats will need to be maintained for On Sale Wine. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE MARCH 12, 2001 CITY COUNCIL AGENDA. Public Hearing Review of Proposed Zoning/Development Ordinance City of Columbia Heights Planner Johnson presented the proposed Zoning/Development Ordinance to the Planning and Zoning Commission with the changes implemented as directed by the Planning and Zoning Commission members during the many work sessions and hours of discussion and research. He added that the Zoning Ordinance was last rewritten in 1974 and has not been updated in order to appropriately address recent development and redevelopment issues. A reception was held prior to the beginning of this meeting to allow the interested parties the time to view the document and some of the changes recommended for implementation and ask questions. Planner Johnson stated that the Planning and Zoning Commission and Staff are confident that we are proposing reasonable standards that will help to promote and protect appropriate land used in Columbia Heights. He touched on some of the proposed changes that are being proposed and asked the audience if anyone had any questions or comments. Chairperson Ramsdell opened the public hearing. Robert Truckenbrod of 3962 Van Buren Street was present to state that he heard that the City was going to tear his house down for redevelopment and wanted to know if this was true. Planner Johnson stated that in conjunction with the Downtown Master Plan which was presented at a public hearing and adopted by the City Council in the summer of 2000, the area where his house is located has been considered for potential future redevelopment but not in the immediate future. Don and Gloria Field, who reside in the Apache Apartments, were present to speak for their son who owns a home at 39t" and Ouincy. Their son was told that he could not make any improvements tq his home as it was going to be torn down. Mr. Field stated that he lived in the "Heights" for most of his life and has watched as the city has deteriorated and is embarrassed about it. He stated that there has been too much change, he did not like the transit hub on Central Avenue and wanted to know what was wrong with the small town atmosphere of the past. Chairperson Ramsdell stated that he, too, was born and raised in Columbia Heights and felt that the small town atmosphere can be kept but the city can still be modernized. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 2001 PAGE 6 Commission Yehle stated that the small businesses, like the hardware store on Central Avenue, have gone out of business because they were not patronized by the local residents who chose to take their business to Menards and other large operations. He himself owned a small business in Columbia Heights but was forced out of business by larger operations. He added that if the residents want to retain the local businesses, they must patronize them. Harold Hoium of 4315, 19 & 21 N.E. 5th Street was present to ask the Planning and Zoning Commission if a copy of the proposed ordinance was mailed to each resident in the City. Chairpersons Ramsdell stated that no, a copy was not mailed to each resident but adequate notice was provided. Planner Johnson stated that the information was available for review at City Hall and the Library as well as available for anyone to look at here at the meeting. In addition notice was published in the Focus News as required by City Charter in more than one location and posted at City Hall. Commissioner Ericson added that this change was advertised as required the same as any other law under the State of Minnesota. Hoium went on to state in a raised voice, "This is a 21 million dollar corporation, we are all stockholders and you want to put in all these regulations, and we don't get a copy. We have oodles and scads of money. In other words you people recommend, and your planning is terrible. It should be planning, zoning, mudholing and pigbogging. In my neighborhood it's mostly pigbogging. So, if you want to put through an ordinance like this I'll be before the City Council screaming about it". Commissioner Yehle stated "Harold, as long as you are thinking about all the people of Columbia Heights, how come, with proper notice and advertising, this is not a packed room if so many people are against it". Hoium yelled, "You know why?...the people of this city.HATE YOUR GUTS!!! They hate the guts of this city and they've done it for 102 years. That's the truth. That's what goes on on the street out there. They come up here and they don't get nothin from the Mayor all the way down the line, nothin! And we got a 21 million dollar corporation and you treat us like garbage. So that's the way you want to do iL.FINE! No Problem! It's not going to last too much longer and when the economy goes down, this place will disappear. Thank you". Chairperson Ramsdell closed the public hearing. Motion by Ericson, seconded by Yehle, to recommend the City Council approve Ordinance #1428, Columbia Heights Zoning/Development Ordinance for the City of Columbia Heights, Minnesota, as Ordinance #1428 has been reviewed by the Planning and Zoning Commission of the City of Columbia Heights, is generally consistent with the PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 2001 PAGE 7 recently adopted Comprehensive Plan, and has been advertised and been made available for review by the general public. Voice Vote: All Ayes. Motion passed. Motion by Ericson, seconded by Yehle, to recommend City Council approval of the proposed Zoning Map pertaining to Ordinance #1428, as the proposed Zoning Map reflects the correct Zoning Districts and also identifies the Retail Business District (RB) name change to General Business District (GB). Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE MARCH 12, 2001 CITY COUNCIL AGENDA. Motion by Yehle, seconded by Johnson, to adjourn the meeting at 8:20 p.m. Voice Vote: All Ayes. Motion passed. Respectf~y, submitted, Kathryn Pepin Secretary to the Planning and Zoning Commission kp