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Home My WebLink AboutJanuary 3, 2006 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Wehsite at: www.ci.columhia-heights.mn./ls MEMBERS: Marlainc Szurek, Chair Donna Schmitt Rob Fiorendino Mike Peterson David Thompson PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, JANUARY 3, 2006 CITY HALL COUNCIL CHAMBERS 590 40 TH AVENUE NE 1. Roll Call 2. Minutes from the Plmming and Zoning Commission Meeting of December 6, 2005. 3, Public Hearings: . Case #2005-1201 CUP 638 39th Avenue Jeff Bahe . Case #2005-1203 Site Plan 4801 Central Avenue Welle Auto Pm1s . Case #2006-1 Vacation University Avenue Frontage Street City of Columbia Heights 4. New Business: None 5. Other Business: None 6, Adjourn The Responsibility of the Planning Commission is to: . Faithfully serve the public interest. . Represent existing and future residents, and base our decisions and recommendations on the Comprehensive Plan and Zoning Ordinance. . Recognize the rights of citizens to participate in planning decisions. . Protect the natural environment and the heritage of the built environment. . Exercise fair, honest, and independent judgment. . Abstain from participation when they may directly or indirectly benefit from a planning t1p('.il;:inn 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 ZONING COMMISSION MINUTES OF THE MEETING DECEMBER 6, 2005 7:00 PM The meeting was called to order at 7:00 pm by Chairperson Szurek. Roll Call: Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Shelley Hanson (Secretary) and Tami Ericson Diehm (Council Liaison). Other Council members in attendance for the presentation on the agenda items were: Motion by Peterson, seconded by Thompson, to approve the minutes from the meeting of November 1, 2005. All ayes. MOTION PASSED. PUBLIC HEARINGS Case #2005-1204 ZONING AMENDMENT Relating to R-2, One and Two Family Residential District APPLICANT: City of Columbia Heights PREPARED BY: Jeff Sargent, City Planner BACKGROUND: Due to recent events related to the construction of new duplexes in neighborhoods primarily comprised of single-family homes, the City Council and Planning Commission directed staff to review the zoning regulations goveming duplexes. Specifically, the City Council and Planning Commission have expressed cone ems over duplexes located in predominately single-family neighborhoods and the scale or size of duplexes being constructed compared to the character of the surrounding neighborhood. Patrick Smith, a former Columbia Heights City Planner, did some research regarding duplexes within the city limits and addressed his conclusions in a memo submitted to the City Council on May 17, 2005. The memo stated that based on rental licenses, there are approximately 354 duplexes located in the City of Columbia Heights. Staff also compared Columbia Heights to 12 similarly developed cities, and concluded that Columbia Heights has the highest percentage of dwelling units that are duplexes, at 6.7%. This is well over the average of2.3% for the other 12 cities. It was also discovered that Columbia Heights has the second smallest minimum lot size requirement for duplexes at 8,400 square feet, compared to the average lot size for duplexes in the other cities at 12,130 square feet. With this information, it can be interpreted that the City of Columbia Heights has an over-abundance of duplexes, on fairly small pieces of propelty. When duplexes are constructed on smaller lots, it causes a crowding effect, especially when they are located adjacent to single-family residences. In order to help appease this problem, Staff has recommended that the ordinance be amended establishing a new zoning district specifically for duplex uses. PLANNING & ZONING COMMISSION MINUTES PAGE 2 DECEMBER 6, 2005 ANALYSIS: The formation of a new zoning district, along with the text amendment requiring a larger minimum lot size for duplexes and twin homes will cause some non-conformity. The existing duplexes will be affected in one of two ways. All current duplexes will be zoned to the R-2B zoning District, which would require a minimum lot size of 5,100 square feet for those duplexes and twin homes constructed prior to January 1, 2005 and 12,000 square feet for those duplexes and twin homes constructed after January 1,2005. (Please note: the members wanted the dates changed to January 1,2006). The only duplexes or twin homes that would become legally non-conforming would be those duplexes and twin homes constructed prior to January 1, 2005 (2006) that had a lot size of less than 5,100 square feet. All proposed duplexes and twinhomes would be allowed in either the R-2A or R-iB Districts through a Conditional Use Permit. Any newly constructed duplexes must be located on a property of at least 12,000 square feet. CONSISTENCY WITH COMPREHENSIVE PLAN: There are two pertinent housing goals stated in the City's Comprehensive Plan regarding duplexes and single-family neighborhoods. First, the City will "provide a variety of life-cycle housing opportunities within the community". Second, the City will "promote and preserve the single-family housing stock as the community's strongest asset". An implementation strategy for the second goal is that the City will identify non-conforming uses within residential districts and take actions to bring them into compliance. NON-CONFORMING USES: Non-conforming uses may continue indefinitely unless the nonconformity or occupancy is discontinued for a period of more than one year, or the nonconforming use is destroyed by fire or other peril to the extent of greater than 50% of its market value, and no building permit has been applied for within 180 days of when the property is damaged. In addition, current regulations do not allow non-conforming uses, including duplexes, to expand. FINDINGS OF FACT: The City Council shall make each of the following findings before granting approval of a request to amend the City Code. They are as follows: a) The amendment is consistent with the comprehensive plan. There are two pertinent housing goals stated in the City's Comprehensive Plan regarding duplexes and single-family neighborhoods. First, the City will "provide a variety of life-cycle housing opportunities within the community". Second, the City will "promote and preserve the single-family housing stock as the community's strongest asset ". These proposed amendments would be consistent with the Comprehensive Plan PLANNING & ZONING COMMISSION MINUTES PAGE 3 DECEMBER 6, 2005 b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The City of Columbia Heights is proposing these City Code amendments because stafffeels that they are beneficial to the community. City staff has received numerous complaints and questions regarding duplexes and twin homes, which the City hopes these Code amendments would help alleviate. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the propelty and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning clas'sification. The properties that will be rezoned will be rezoned to a zoning classification specific to the properties in question. Therefore, the existing use of the properties and the zoning classifications of property within the general area of the property in question would be compatible. d) 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 The trend in this case has been to construct duplexes and twin homes in predominantly single- family districts. The proposed amendments will help protect the single-family housing stock by requiring new duplexes and twin homes to obtain a Conditional Use Permit prior to construction. RECOMMENDATION: Staff recommends rezoning originally constlUcted duplexes to R-2B and the rest of R-2 to R-2A. Duplexes should be permitted in both R-2B and R-2A as Conditional Uses. Minimum lot size for R-2A should be 12,000 square feet. Minimum lot sizes for R-2B should be 5,100 square feet for lots existing on January I, 2006, or 12,000 square feet for lots established after January I, 2006. Ouestions by Members: Szurek asked whether twin homes would be allowed in the proposed R-2A district with a minimum of 12,000 sq. ft. if a Conditional Use Permit were granted. Planner Sargent told her, yes, they would be allowed. She asked if this would discourage huge twin homes being built next to smaller single family homes. Sargent explained he could not guarantee it would discourage people from doing that, but with the requirement of the Conditional Use Permit, the Commission and City Council would be able to determine if the proposed structure would be acceptable or not. PLANNING & ZONING COMMISSION MINUTES PAGE 4 DECEMBER 6, 2005 Fiorendino asked if existing double bungalows need to apply for Conditional Use Permits, or if they would be grand fathered in. Planner Sargent explained that owners of existing doubles or twin homes will not need to do anything. Conditional Use Permits will only be required on construction of new doubles or twin homes. Szurek questioned whether non-conforming structures would be allowed to rebuild if destroyed more than 50%. She was told that since State Statutes changed a couple of years ago, owners are allowed to rebuild if they apply for the building permit within 180 days. Peterson questioned the dates in the staff report using January 1, 2005 as the detelmining point. He felt it would be more appropriate to use January 1, 2006. Even though the moratorium has been in place for most of the year, and no structures were built, the other members agreed this would' be more appropriate. Peterson also asked what the average lot size of single family properties in Columbia Heights was. Sargent explained this varies throughout the city and minimum requirements vary depending on the zoning district the property is in. The minimum single family lot is 6,500 sq. ft. So the newly proposed lot size of 12,000 sq. ft. for doubles or twin homes would be essentially the same as two single family lots. This should help ensure the stmcture blends into the neighborhood better. Peterson then asked if the minimum sq. ft. requirements for R3 and R-4 districts should also be increased. Planner Sargent explained that there are areas where we want denser housing to exist, so he felt the lot size requirements for these zoning districts were acceptable as is. Fiorendino confirmed that any existing doubles or twin homes will be re-zoned to the R-2B zoning classification. Planner Sargent then reviewed the Ordinance enclosed in the agenda packets that will amend the Zoning Ordinance to reflect these recommended changes. Public Hearing was opened: No one spoke on this issue. Public Hearing was closed. PLANNING & ZONING COMMISSION MINUTES PAGE 5 DECEMBER 6, 2005 Motion by Peterson, Seconded by Schmitt, that the Planning Commission recommends the City Council approve the text amendments outlined in the attached draft ordinance, and the rezoning of those properties pertaining to the matter. All ayes. MOTION PASSED. ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING THIS CITY CODE AT SECTION 9.107 (C)(44)(a-c), AND SECTION 9.109 (c), (F)(1-4) The City of Columbia Heights does ordain: Chapter 9, Atiicle I, Section 9.107 of the Columbia Heights City Code is hereby amended to read: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards: (44) Two-family and Twinhome Dwellings (a) Street-facing garage doors must be recessed behind either the front fa~ade of the living area portion of the dwelling 01' a covered porch (measuring at least six feet by eight feet) by at least five feet. (b) Iflocated on a corner lot, each unit of the duplex 01' twinhome shall have its address and entrance oriented to a separate street frontage. (c) Vehicle access to a lot must be from an alley if the lot abuts an alley. Chapter 9, Article I, Section 9.109 of the Columbia Heights City Code is hereby amended to read: ~ 9.109 RESIDENTIAL DISTRICTS. (C) Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the residential districts shall be as specified in the following table: PAGE 6 R-I J?-J R-2A R-2B R-3 R-4 Minimum Lot Area Sinole Fomily Dwellino 8,400 so. ft. , 6,500 sa. ft. 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. Two-Family and Twinhome S, 100 5~. ft. 12,000 sq. ft. Existing on 8,400 sq. ft. 8,400 sq. ft. Dwelling 9,00~ January I, 2005 - 5,100 sq. ft. Established after January I, 2005- 12,000 sq. ft. Multinle Familv Dwellino 10,000 sq. ft. 10,000 sq. ft. Non-residential Structure 8,400 sa. ft. , 6,500 sa. ft. 6,500 sq. ft. 10,000 sq. ft. 10,000 sq. ft. Lot Area Per Dwellino Unit Multinle Familv Dwellin. Efficiencv , 1,200 sq. ft. 800 sa. ft. One bedroom , 1,800 sq. ft. 1,000 sa. ft. Two bedroom , 2,000 sq. ft. 1,200 so. ft. Three bedroom 2,500 sq. ft. 1,500 sa. ft. Additional bedroom 400 sq. ft. 200 sa. ft. Canoreoate Livino Units 400 sa. ft. 400 sa. ft. Minimum Lot Width 70 feet 6ll-fee! 60 feet 60 feet 70 feet 70 ft. Minimum Lot Denth Residential BuildinlZ Setbacks Front Yard 25 feet ;>,Meet 25 feet 25 feet 30 feet 15 feet Side Yard 7 feet' M"eel'- 5 feet' 5 feet' 20 feet 10 feet Carner Side Yard 12 feet W-feet 10 feet 10 feet 30 feet 15 feet Rear Yard 20% of lot ~G%-<>f-l"t 20% of lot 20% of lot depth 30 feet 15 feet depth de>>ll; denth Non-residential Butlding Setbacks Front Yard 25 feet ;>,Meet 25 feet 25 feet 30 feet 15 feet Side Yard 40 feet JlMeet 30 feet 30 feet 25 feet 10 feet Comer Side Yard 12 feet W-feet 10 feet 10 feet 30 feet 15 feet Rear Yard 40 feet JlMeet 30 feet 30 feet 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding 25 feet ;>,Meet 25 feet 25 feet 30 feet 30 feet drives/pads) Side Yard 3 feet J-fuel 3 feet 3 feet 3 feet 3 feet Comer Side Yard 3 feet J-fuel 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet :>-feet 3 feet 3 feet 3 feet 3 feet Multiple Familv Pat'kino Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 feet Comer Side Yard 30 feet 30 feet Rear Yard 10 feet 10 feet Nan-residential Parkin. Setbacks Front Yard 25 feet ;>,Meet 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet ~et 10 feet 10 feet 10 feet 10 feet Comer Side Yard 25 feet ;>,Meet 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet W-feet 10 feet 10 feet 10 feet 10 feet Maximum I-Ieioht Residential structures 28 feet :1.&--feet 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 3Meet 35 feet 35 feet 35 feet 35 feet Non-residential Floor Area Ratio 2.2 PLANNING & ZONING COMMISSION MINUTES PAGE 7 DECEMBER 6, 2005 Chapter 9, A11icle I, Section 9.109 (F) of the Columbia Heights City Code is hereby amended to read: (F) R-2A and R-2B, R,-;&,- Two Family Residential District. 1) Purpose. The purpose of the R-2A and R-2B R,-;! Two Family Residence Districts is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-2A and R-2B R,-;!, Two SffigIe Family Residential Districts: a) Single-family dwelling, detached. b) Two family dwelliHg. c) T\vinhome d'.'{elliHg. d) State licensed residential care facility serving 6 or fewer persons. e) Licensed day care facility serving 12 or fewer persons. f) Licensed group family day care facility serving 14 or fewer children. g) Public parks and playgrounds. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-2A and R-2B R,-;!, Two Family Residential Districts, 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) Two-family dwelling b) Twinhome dwelling c) Religious facility/place of worship. d) Convent or monastery, when accessory to a religious facility. e) School, public or private, K-12. f) Government office. g) Government protective service facility. h) Golf course. i) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and front on the same public right-of-way. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-2A and R-2B R,-;!, Two Family Residential Districts: a) Private garages, carp0l1s and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) 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. f) Decorative landscaping, Gardening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 of this Chapter. PLANNING & ZONING COMMISSION MINUTES PAGE 8 DECEMBER 6, 2005 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2005 ,2005 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk This matter will go before the City Council at the December 12, 2005 meeting for the first reading. CASE #2005-1205 ZONING AMENDMENT for the General Business District Auto Dealerships City of Columbia Heights APPLICANT: Prepared by: Jeff Sargent BACKGROUND: At the February 1,2005 Planning Commission meeting, the Planning Commission questioned if used car lots were an appropriate use along Central Avenue and University Avenue. The Zoning Ordinance currently permits used automobile businesses in the General Business District, and prohibits used automobile businesses in the Central Business and Limited Business Districts. Prior to any zoning ordinance amendments, the Planning Commission and staff believed it to be prudent to adopt an emergency ordinance prohibiting the expansion or establishment of motor vehicles sales and/or lease in the General Business District. On August 12, 2005, the City Council adopted the emergency ordinance. This ordinance expires on February 14, 2006, and could be renewed for up to an additional 6 months through August 14,2006. Planner Sargent reviewed the affected areas of concern on the map with the Commission members. PLANNING & ZONING COMMISION MINUTES PAGE 9 ANALYSIS: It is important to continue to allow the sale of used cars within the city, but to allow them only as a component of a new car dealership. Staff recommends that it would be in the best interest of the city to locate all new car lots away from Central Avenue, which was also consistent with the intent of the moratorium imposed on used car lots. Staff recommends establishing a new zoning district, which replaces the GB, General Business District along University Avenue, with a district that would allow for sale of new and used cars (GB-A, General Business-Automotive). One major change would be the requirement for a Conditional Use Permit (CUP) for any newly established new car dealership in the GB-A District. The new district would also prohibit any used car lot to be created as its own separate entity, or as part of any business other than a new car dealership. However, new car dealerships would be allowed to sell used cars if the used car component of the dealership consisted of no more than 30% of the total outdoor display area pertaining to for-sale vehicles. The display area would be defined as the number of parking stalls dedicated towards the sale of vehicles, excluding the parking stalls required for off-street p'arking for customers and employees. Requiring a CUP for all new car dealerships would enable the city to ensure that the dealership would meet all City Code requirements at the time of application, as well as continual code compliance throughout the life of the business. In addition to the creation of a new zoning district, new and used auto sales would be removed as a permitted or conditional use from the current GB zoning district, prohibiting a new car dealership to be established along Central Avenue. CONSISTENCY WITH COMPREHENSIVE PLAN: Two goals of the Comprehensive Plan are to "enhance the image and viability of the University Avenue corridor" and to "enhance the image and viability of the Central Avenue corridor". In addition, the Comprehensive Plan states, "The City will facilitate the enhancement and partial redevelopment of the University and Central Avenue corridors in a manner that is compatible with and supportive of transit and transit-related land use patterns". FINDINGS OF FACT: The City Council shall make the following findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. Two goals of the Comprehensive Plan are to "enhance the image and viability of the University Avenue corridor" and to "enhance the image and viability of the Central Avenue corridor". In addition, the Comprehensive Plan states, "The City will facilitate the enhancement and partial redevelopment of the University and Central Avenue corridors in a manner that is compatible with and supportive of transit and transit-related land use patterns ". The proposed text amendments will be consistent with the intent of the Comprehensive Plan. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The City has received complaints regarding properties used solely as used car dealerships. The proposed text amendments would benefit the public by limiting the areas in which new car lots could be located, and imposing conditions upon new car lots that are established. PLANNING & ZONING COMMISSION MINUTES PAGE 10 DECEMBER 6, 2005 c) 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. The newly created zoning district, GB-A, General Business-Automotive, is specific to new car dealerships through a Conditional Use Permit. The existing use of the GB District along University Avenue and the proposed zoning classification would therefore be compatible. d) 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 sllch property was placed in its current zoning classification. The City has discovered several used car lots being established in areas that would not normally be suited for such a use, but zoned appropriately for them. The intent of the text amendments is to help alleviate these situations and establish a zoning district in which new car dealerships can be located. RECOMMENDATION: Staff recommends rezoning those parcels along University Avenue from GB, General Business, to GB-A, General Business-Automotive. New and used car lots will be Conditional Uses in the GB-A District and will no longer be permitted uses in the GB District. Ouestions from members: Szurek stated the intent is to provide the option of new car dealerships in the newly created GB-A district. Used car sales would be allowed if it is in conjunction with a new car dealership and it meets the necessary critel1a. However, "stand alone" used car lots would not be allowed in this area. Thompson noted that there are no requirements for side yard setbacks or screening in the General Business District. He asked if this was correct, and whether any should be required. Planner Sargent explained that setbacks and screening are only required between residential and commercial properties. Fiorendino clarified that GB-A will allow auto sales and that the regular GB District will not allow them at all. He asked whether any car dealerships have expressed an interest to build in our city. Planner Sargent stated that as of now, no one has expressed such interest. Schmitt stated she is aware that we get a lot of requests from people who want to sell cars from various small sites throughout the City. And the Commission and the City Council directed staff to establish some criteria to ensure we didn't have our main corridors lined with this type of business. Peterson brought up the fact that since we have several automotive service garages and automotive retail stores, that maybe used car lots are good for these other businesses. He felt it is something to take into consideration. PLANNING & ZONING COMMISSION MINUTES PAGE 11 DECEMBER 6, 2005 Planner Sargent stated that this amendment may result in some non-conforming uses, but that if the current owners continue to license their businesses as such, they will be grandfathered in, and allowed to continue operating their used car sales business. Public Hearing was opened: James Trapp and Glenn Mischke owners of 5101 University Ave NE were present. Mr. Trapp stated that if the Ordinance were changed to allow only new car dealerships, that it would put small business owners out of business. He said that he has owned this property for 25+ years and it is not large enough to be a new car dealership, nor is any site in the proposed new zone GB-A. He agrees that used car lots should be restricted to size, number of vehicles displayed and signage, but to prohibit them from existing at all is not right. Mr. Trapp explained to the Commission that used car sales have been done at this site for many years. The tenant who is in the process of vacating the site let his used vehicle sales license lapse. He did not renew it for 2005, and then the moratorium was put in effect. Therefore, Mr. Trapp and Mr. Mischke are now unable to get a license to operate this type of business at this site. Had the license been issued for 2005, they would have been grandfathered in. Ifhe cannot obtain a license, he feels this building will be empty for quite a while as he doesn't have a lot of optional uses for this site. Szurek explained it was not the City Council's intent to hurt them as owners of this site, but that it is also not the City's fault that the tenant let the license lapse and that they, as owners, were not aware of this. Peterson asked if they should be directed to go to the City Council and plead their case. Planner Sargent explained they may go before the City Council, but the cun'ent moratorium does not expire until February 14, 2006, and it could be extended for another six months until August 14, 2006. If the Council takes no action on the proposed ordinance, they will not be able to get a license until the moratorium lapses. And if the proposed Ordinance is adopted to amend the Zoning Ordinance they will never be allowed to operate that type of business at the site in the future. Szurek explained that the proposed change to the Zoning Ordinance is meant to clean up Central Avenue and protect University A venue from having car sales taking place on small sites or residential properties. Sargent also stated that the City wanted some control over these businesses and by requiring Conditional Use Pelmits to operate will enable the City to put whatever restrictions on them as they see necessary. Public Hearing is closed. Motion by Schmitt, seconded by Fiorendino. that the Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance and approve the rezoning of those properties affected, as indicated on the attached zoning map. Thompson, Fiorendino, Szurek, and Schmitt-aye Peterson-nay. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGE 12 DECEMBER 6, 2005 ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING THIS CITY CODE AT SECTION 9.103, 9.110 (C), (F)(1-4), AND SECTION 9.107 (C) ~ The City of Columbia Heights does ordain: Chapter 9, Article T, Section 9.103 of the Columbia Heights City Code is hereby amended to read: ~ 9.103 Definitions. Auto a/ld Truck Sales Lot, Used: Any land used or occupied for the purpose of bnying and selling secondhand passenger cars or trucks, and the storing of such vehicles pl'ior to sale. Automobile, Used: Any secondhand, previously owned passenger vehicle, car, or trnck. Chapter 9, Article I, Section 9.110 (C) of the Columbia Heights City Code is hereby amended to read: ~ 9.110 COMMERCIAL DISTRICTS (C) 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 eB eB-A CBD Minimum Lot Area 6,000 sa. ft. 6,000 sa. ft. 6,000 sq. ft. Minimum Lot Width 50 ft. 40 ft. 40 ft. 20 ft. Minimum Lat Death Lot area ner dwellino unit Sinole-familv dwellinc 6,500 sq. ft. 1 I Multiole-familv dwelling Efficiencv 1,200 sa, ft. 1,200 sa. ft. One bedroom 1,800 sa. ft. 1,800 sa, ft. Two bedroom 2,000 sa. ft. 2,000 sa. ft. TInee bedroom 2,500 sa. ft. 2,500 sa, ft. Additional bedroam 400 sa, ft. 400 sa. ft. Cangregate living units 400 sa, ft. 400 sa. ft. Hatel or motel 400 sa, ft. Hasoital 600 sa. ft. Building Setback Reauirements Nonresidential/mixed-use front yard none Residential frant vard 5 ft. Front vard 15 ft. 15 ft. none Side vard 15 ft. none none none Comer side yard 10 ft. 15 ft. 15 ft. 1ft. Rear vard 20 ft. 20 ft. 20 ft. 10 ft. Parking Setback Reauirements Front vard 12 ft. 15 ft. 15 ft. 1ft. Side vard 5 ft. 5 ft. 5 ft. none Camel' side vard 12ft. 15 ft. 15 ft. 1ft. Rear vard 5 ft. 5 ft. 5 ft. 5 ft. Maximum Height 35 ft. 35 ft. 35 ft. Maximum Lot Coverapc Floor area ratio I Ii.o 11.0 16.0 PLANNING & ZONING COMMISSION MINUTES PAGE 13 DECEMBER 6,2005 Chapter 9, Alticle I, Section 9.110 (E) of the Columbia Heights City Code is hereby amended to read: (E) GB, General Business 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District. a) Community Center. b) Government office. c) Government protective service facility. d) Public park and/or playground. e) Recreational facility, indoor. f) Recreational facility, outdoor. g) School, vocational or business. h) School, performing/visual/martial arts. i) Auditorium/place of assembly. j) Automobile convenience facility. k) Automobile repair, minor. 1) .^.tltomobile sales/rental. m) Banquet Hall. n) Billiards Hall. 0) Bowling Alley. p) Car wash. q) Clinic, medical or dental. 1') Clinic, veterinary. s) Daycare facility, adult or child. t) Financial institution. u) Food service, convenience (fast food). v) Food service, limited (coffee shop/deli). w) Food service, full service (restaurant/nightclub). x) Funeral home. y) Greenhouse/garden center. z) Health or fitness club. aa) Hotel/motel. bb) Laboratory, medical. cc) Liquor store, off-sale. dd) Museum or gallery. ee) Office. ff) Recreational vehicle sales. gg) Retail sales. hh) Service, professional. ii) Shopping Center. jj) Studio, professional. kk) Studio, radio and television. 11) Theater, live performance. mm) Theater, movie. PLANNING & ZONING COMMISSION MINUTES PAGE 14 DECEMBER 6, 2005 Chapter 9, Article I, Section 9,110 (F) of the Columbia Heights City Code is hereby amended to read: (F) GB-A, General Business-Auto Oriented District 1) Purpose. The purpose of the GB-A, General Business-Auto Oriented District is to provide appropriate locations for general retail sales, services and other commercial developments, specifically New Automobile Dealerships that benefit from their proximity to other commercial uses and University Avenue. These areas are located along University Avenue and are accessible primarily by automobile. 2) Permitted Uses. Except as specifically limited herein, the 'following uses are permitted within the GB-A, General Business-Auto Oriented District. a) Community Center. b) Govel'llment office. c) Govel'llment protective service facility. d) Public park and/or playground. e) Recreational facility, indoor. l) Recreational facility, outdoor. g) School, vocational 01' business. h) School, performing/visnal/martial arts. i) Auditorium/place of assembly. j) Automobile convenience facility. k) Antomobile repair, minor. I) Banquet Hall. m) Billiards Hall. a) Bowling Alley. b) Car wash. c) Clinic, medical 01' dental. d) Clinic, veterinary. e) Daycare facility, adult 01' child. l) Financial institntion. g) Food service, convenience (fast food). h) Food service, limited (coffee shop/deli). i) Food service, full service (restaurant/nightclub). j) Funeral home. k) Greenhouse/garden center. I) Health 01' fitness club. m) Hotel/motel. n) Laboratory, medical. 0) Liquor store, off-sale. p) Museum 01' gallery. q) Office. 1') Retail sales. PLANNING & ZONING COMMISSION MINUTES PAGElS DECEMBER 6, 2005 s) Service, professional. t) Shopping Center. u) Studio, professional. v) Studio, radio and television. w) Theater, live performance. x) Theater, movie 3) COllditiollal Uses. Except as specifically limited herein, the following nses may be allowed in the GB-A, General Business-Auto Oriented 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) Government maintenance facility. b) Arcade. c) Automobile sales/rental, new and used. d) Recreational vehicle sales, new 01' used. e) Firearms dealer/Shooting range. f) Hospital. g) Outdoor sales 01' display. h) Outdoor storage. i) Parking Ramp. j) Assembly, manufacturing and/or processing. k) Printing and/or publishing. I) Consignment/Secondhand store. m) Club or lodge. n) Currency exchange. 0) Pawnshop. p) Drop-in facility. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB-A, General Business-Auto Oriented District: a) Private garages, parking spaces and loading areas. b) Accessory buildings. c) Landscaping and other horticultural uses. d) Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30% of the floor area of the building. e) Temporary construction buildings. f) Signs as regulated by Section 6 of this Chapter. PLANNING & ZONING COMMISSION MINUTES PAGE 16 DECEMBER 6, 2005 Chapter 9, Article I, Section 9.110 (G) of the Columbia Heights City Code is hereby amended to read: tB (G) CBD, Central Business District Chapter 9, Article I, Section 9.107 of the Columbia Heights City Code is hereby amended to read: ~ 9.107 SPECIFIC DEVELOPMENT STANDARDS (C) Specific Development Standards. The following uses are subject to specific development standards. Automobile Sales/Rental, New and/or Used a) The use shall be served by a major collector or higher classification or roadway. b) A used car lot shall be solely accessory to a uew automobile dealership. A used car lot as a staud-alone business is prohibited. c) Outdoor vehicle display for used cars shall be limited to thirty percent (30%) of the total outdoor display area. The display area shall be defined as the total number of parking spaces devoted to the sale of vehicles only, not including the required off-street parking spaces needed for the public and employees. d) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. e) Outdoor vehicle display areas within the public right-of-way are prohibited. f) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. g) Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. The storage of inoperable, junk vehicles and vehicles with expired tabs is prohibited. h) Music or amplified sounds shall not be audible from adjacent residential properties. i) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. j) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. k) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. PLANNING & ZONING COMMISSION MINUTES PAGE 17 DECEMBER 6, 2005 Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2005 ,2005 Offered by: Seconded by: RollCall: Mayor Gary L. Peterson Attest: Patricia Muscovitz, Deputy City Clerk This item will go before the City Council at the December 12,2005 meeting for the first reading. NEW BUSINESS None MISCELLANEOUS Szurek requested that during 2006 the Commission look at how the City handles and enforces the property maintenance code. The Fire Dept goes through a long process in bringing properties into compliance. She would like to streamline the process and get owners to do repairs more quickly and support staff in their efforts. She would also like to see how the City could possibly reduce the amount of rental properties, especially in single family homes. And she would like to see how the City could encourage residents to keep their properties in better repair and yards cleaned up in general. Motion by Schmitt, seconded by Fiorendino to adjourn the meeting at 8:00 pm. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-1203 DATE: TO: December 20, 2005 Columbia Heights Planning Commission APPLICANT: Welle Auto Supply LOCATION: REQUEST: 4801 Central Avenue Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Ken Welle d/b/a/ Welle Auto Supply, is requesting a Site Plan review in order to construct a 3,400 square foot addition to his existing business located at 4801 Central Avenue. Mr. Welle is proposing to expand the building by 34 feet in order to accommodate 7 new service bays in the rear of the building. Currently, the business is an auto supply store that does not do any type of service work. The proposed addition would allow service work on-site as an added accommodation of the store. PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan classifies this area as a Transit Oriented Mixed-Use District. This district requires a higher percentage of service-oriented commercial/retail development, due to the focus on the commuting needs of Columbia Heights residents. The proposed addition to the existing business would be consistent with the goals of the Comprehensive Plan for this area because it will intensify a service-oriented commercial establishment. Zoning Ordinance The property is located within the MXD, Mixed Use District, as are the properties to the north, south and east. The property to the east is the location of the new Grand Central Lofts development. The properties to the west are within the City of Hilltop. The Zoning Code states that the Planning and Zoning Commission shall approve the site plan for any new construction located in this district. City of Columbia Heights Planning Commission Welle Auto Supply Site Plan December 20, 2005 Case # 2005-1203 FINDINGS OF FACT Section 9.104 (M) states that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of this article The proposed site plan meets all the requirements pertaining to setbacks, parking, and public access for the district in which it is located. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. As previously stated, the site plan conforms to the comprehensive plan, as it is a proposal to expand on an existing service-oriented business located within the Transit Oriented Mixed-Use District. 3. The site plan is consistent with any applicable area plan. The plan for the area incorporates service-oriented businesses as a part of the Transit Oriented Mixed-Use District. For this reason, the proposed addition to the existing business would be consistent with the applicable area plans. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed addition will be located to the rear of the building and will have a very minimal impact to the public right-of-way. The addition will not be getting any closer to the northern property line, as it will remain the same distance as the existing building. The expansion will be located 34 feet closer to the rear property line than the existing prinCipal structure currently is. When the expansion is complete, the building will be located 80 feet from the rear property line. This is greater than the minimum requirement of 20 feet in other commercially zoned districts. The only people potentially affected by the proposed addition would be the future residents located in the Grand Central Lofts. Automobile repair stations naturally generate noise in association with the repair of vehicles. The Grand Central Lofts mayor may not be affected by the auto repair noise, as they are located approximately 24 feet above the Welle Auto Supply store. Page 2 City of Columbia Heights Planning Commission Welle Auto Supply Site Plan December 20, 2005 Case # 2005-1203 ANALYSIS Circulation, Access, and Parking The proposed addition will be 3,400 square feet in area, and will be comprised entirely of service bays for automobile repair. The Zoning Code states that the business will be required to have one (1) parking stall for each 300 square feet of floor area for the addition, plus two (2) parking stalls for each service bay added to the building. Using these figures, the new addition would require 25 parking stalls. The remainder of the building would require one (1) parking stall for each 300 square feet of retail and office space, plus one (1) parking stall for each 3,000 square feet of warehouse. This would require 21 parking stalls for the existing building. With the proposed addition, 46 parking stalls would be required to meet city code. The proposed site plan indicates that there will be 52 parking stalls on site. It should be noted that there was an existing driveway and parking easement located on the southern 5 feet of the subject property. The easement was 25 feet wide, with the remaining 20 feet located on the property to the south. The applicant has amended this easement to convey that it will be strictly a driveway easement for the shared use of both property owners. This is essential, as it will allow Mr. Welle to gain an adequate drive aisle for his customers to access the rear of the property. Signage Plan The applicants are proposing to incorporate two small directional signs located on the building to indicate the location of the service bays. Such signs may not be painted directly onto the building, but vinyl decals are permitted. There have been no other plans to alter the existing signage in any way. Highway District Design Guidelines This property is located within the Highway Design District, pertaining to the design guidelines established for the Central Avenue corridor. The only alteration to the front of the building is to install a large window facing Central Avenue. The remainder of the addition will be to the rear of the building and will have no impact to the public right-of- way, or passersby along Central Avenue. For this reason, neither the existing building nor the proposed addition will have to conform to the established design guidelines for the Highway District. Recommendation Move to waive the reading of Resolution No. 2006-01, there being ample copies available to the public. Page 3 City of Columbia Heights Planning Commission Welle Auto Supply Site Plan December 20, 2005 Case # 2005-1203 Move to adopt Resolution No. 2006-01, being a resolution approving a site plan for the Welle Auto Supply store. Move to approve the site plan for the proposed addition at 4801 Central Avenue, subject to the three (3) stated conditions as approved by the Planning Commission: 1. The new parking lot shall be stripped to indicate 52 parking stalls as approved on the submitted site plan. 2. The amended driveway easement be recorded with Anoka County, and evidence of the recording be submitted to the Zoning Administrator prior to the issuance of a building permit. 3. Any proposed sign age for the building shall meet the requirements of Section 9.106 (P), as it relates to signage. ATTACHMENTS . Draft Resolution . Location Map . Site Plan . Floor Plan/Parking Calculations . Building Elevations . Photos of existing building . Copy of amended easement agreement Page 4 DRAFT RESOLUTION NO. 2006-01 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR WELLE AUTO SUPPLY WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2005-1203) has been submitted by Ken Welle of Welle Auto Supply to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4801 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for an addition in the MXD, Mixed-Use District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 3, 2006; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City Staff regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements ofthe city's comprehensive plan. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. Resolution No. 2006-01 Page 2 CONDITIONS A TT ACHED: I. The new parking lot shall be stripped to indicate 52 parking stalls as approved on the submitted site plan. 2. The amended driveway easement be recorded with Anoka County, and evidence of the recording be submitted to the Zoning Administrator prior to the issuance of a building permit. 3. Any proposed signage for the building shall meet the requirements of Section 9.106 (P), as it relates to signage. Passed this _ day of 200 Offered by: Seconded by: Roll Call: Ayes: Nays: CHAIR Marlaine Szurek Attest: SECRET AR Y, Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions ofthis resolution as outlined above. Ken Welle Date t<) C> "- u a lD 9 '"' " -, C <S> '" " D "- I :i. "- N t=.: N t ~ D ~ >> IS- "- " ll) o '"' " <( .., " :> ! ~ , , , ~ ""0 Il ill~ ':J::::J _~21J9." ,,", " i '., .' I :~ L.. ~ ':0 ~ ~ LI ~~ " , ~ . . i . t' ~ IJZUTYF. <J".IT '"" " Zli'o r~-r2... tj' I~~~; ,/;' ~b; r{'" OE.<61NG CAfDTB.I5tl J 5T.I(1' ! H15ltlGl'<<..DtlG 12.0005.f. 'PRor05EQ~ Moo~. . ~rF^VtlG (TYf1C.\l) :% t ~ \ ~, '~. " '. --ii' "",~ '. f ~h . tD -@NO"H SIT~FLAN " 1",20'-0' .5ITESTMt':HU> Tm/ll5llEMV. 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Ii' II .<"'"" / I..,i.:; / i,l I II I I' 1'1, I' I 'I Iii !II I .1 'I I I I 'f !" / ; >:~ / /. ii 1:- ,I AMENDMENT TO EASEMENT AGREEMENT This Amendment to Easement Agreement ("Agreement") is made as of this tq""-day of ~ cQJVI<\~ , 2005, by and between Louis A. Welle and Jacqueline M. Welle, husband and wife ("Welle") and Titan Properties, LLC, Mimlesota limited liability company ("Titan") (Welle and Titan are together hereinafter referred to as "Welle/Titan") and Lany MacDonald and Filinda C. MacDonald, husband and wife ("MacDonald"). RECITALS WHEREAS, Welle is the fee owner and Titan is the contract pmchaser of certain real property located in Anoka County, Minnesota, legally described on Exhibit A, attached hereto and made a part hereof ("Welle/Titan Property"). WHEREAS, MacDonald is the fee owner of certain real property located adjacent to the Welle/Titan Property in Anoka County, Minnesota, and legally described on Exhibit B, attached hereto and made a part hereof("MacDonald Property"). The Welle/Titan Property and the MacDonald Property are collectively referred to herein as the "Property"; and WHEREAS, pmsuant to a Warranty Deed dated August 19, 1971, and recorded August 20, 1971 in Book "927" page 323, as Document No. 354267 ("Deed"), the Property is subject to easements for parking and driveway as follows: Subject to an easement for driveway and parking pmposes over the South 5 feet thereof ("Welle/Titan Easement Area"), Together with an easement for driveway and parking purposes over all of the following described property: All that part of the Northwest one-quarter of the Southwest one- quarter of Section 25, Township 30, Range 24, Anoka County, Minnesota described as follows: COl11l11encing at a point on the West line of said Northwest one-quarter of the Southwest one-quarter distant 626.01 feet north from the Southwest corner of said Northwest one-quarter of the Southwest one-quarter; thence NOlth along said West line a distance of 303.0 feet, more or less, to a point distant 383.0 feet South from the NOlthwest comer of said Northwest one-quarter of the Southwest one-quarter; thence east at right angles to said West line a distance of 424.33 feet; thence South and parallel with said West line a distance of 305.68 feet more or less, to its intersection with a line drawn parallel with the South line of said Northwest one-quarter of the Southwest one-quarter from the point of commencement; thence west along said parallel line a distance of 424.33 feet to the point of cOl111nencement except the North 290 feet thereof ("MacDonald Easement Area"). The Welle/Titan Easement Area and the MacDonald Easement Area are together hereinafter referred to as the "Easements." WHEREAS, the parties hereto desire to amend the Easements to eliminate parking as an allowed use. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree that parking shall no longer be an allowed use in the Easements, and agree that the Easements shall be used solely for driveway purposes. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. (SIGNATURE PAGES FOLLOW) 2 Dee 19 2005 lO:42AM HP LASERJET FAX lLll':t'LI1I::J~ I1/~b'::i Ib35710371 2397758683 p..j PAGE 03 WELLE AUTO "WELLE" SlGNATURE fAGE FOR AMENDMENT TO EAS.EMENT AGREEMENT ~~ d. cJP4- Louis 'A. W"lIe ~-<~ 'th. uJ~ 1 cqueli eM. Welle 51' 'ATE OF MlNNESOT A ) ) 55. COUNTY OF ) The foregoing instrument was acknowledged before me chis /'1 d~y of Du::(W"\'\~ .-,2005 by Louis A. Welle and Jacqu.e1ine M. Welle, husbl.\nd and wik C~~r0Y\CLJ NotaD' Pub!' CHERYL A. CONRAD r~ctary Public Minnesota My CommissionExpItosJan.31,2010 3 "TIT AN" SIGNATURE PAGE FOR AMENDMENT TO EASEMENT AGREEMENT Titan Properties, LLC, a Mimlesota limited Liability company ,L ~ tJeflfL- BY:~ Kenneth M. Welle Its Chief Manager STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instlUment was acknowledged before me this / if day of '{)2.C.e"""~ ,2005 by Kenneth M. Welle, the Chief Manager of Titan Properties, LLC, a Milmesota limited liability company, on behalf of the company. . CHERYL A. CONRAD ~ Notary Public ; Minnesota . My Commission ExpimJan.31.2010 ~~rCVV0J\QJ 4 "MacDonald" SIGNA1)tlRE PAGli. FOR AMENPMENT TOB'ASBMm4TAGREllMENT The foregoing i!lStl\llllclitwasackMwledgedbefOre JIle this _ day of Larry MacDonald and Fillnda C.MacDonaldi husband and wife. ~~I STATE OF MINNeSOTA) COUNTY OF ) ss. ) TIllS INSTRUMENT WAS DRAFfED BY: BARNA, GUZY & STEFFEN. L ro. 400 Northtown Financiall'laza 200 Coon Rapids Boulevard Minneapolis, MN 55433 (612)780-8500 usj) d~(.1H~~ Filinda C. MacDonald Notary l>ublic 5 . 2005 by EXHIBIT A The South 140.0 feet of the North 290 feet of that part of the Northwest Quarter (1/4) of the Southwest Quarter (1/4) of Section 25, Township 30, Range 24, Anoka County, Mimlesota, described as follows: Conunencing at a point on the West line of said Northwestern one- quarter (1/4) of the Southwest one-quarter (1/4) distant 626.01 feet North from the Southwest corner of said Northwest one-quarter (1/4) of the Southwest one-quarter (1/4); thence North along said West line a distance of 303.0 feet, more or less, to a point distant 383.0 feet South from the Northwest corner of said Northwest one-quarter (1/4) of the Southwest one-quarter (1/4); thence East at right angles to said West line a distance of 354.33 feet; thence South and parallel with said West line a distance of 305.68 feet more or less, to its intersection with a line drawn parallel with the South line of said Northwest one-quarter (1/4) of the Southwest one- quarter (1/4) from the point of commencement; thence West along said parallel line a distance of 354.33 feet to the point of conunencement. EXHIBIT B That part of the Northwest Quarter of the Southwest Quarter (NWIIl of SWill) of Section Twenty-five (25), Township Thirty (30), Range Twenty-four (24), Anoka County, Minnesota described as beginning at a point on the West line thereof distant Four Hnndred Seventy-six and One Hundredths (476.01) feet North from the Southwest corner thereof; thence North Zero degrees Zero-Zero minutes (000') (said bearing is assumed) along said West line One Hundred Fifty (150) feet; thence North Eighty-nine degrees Fifty-eight minutes fifteen seconds (89058'15") East Four Hnndred Twenty-four and Thirty-three Hundredths (424.33) feet; thence South Forty degrees Zero Six minutes fifteen seconds (40006'15") West to its intersection with a line bearing North Eighty-nine degrees Fifty-eight minutes fifteen seconds (89058" 15") East from the point of beginning; thence Westerly to the point of beginning, except the West Fifty (50) feet thereof for highway, and subject to a utility easement over the West Thirty (30) feet thereof. That part of the following described tract lying South of the North 290 feet thereof: All that part of the Northwest one-quarter (1/4) of the Southwest one-quarter (1/4) of Section 25, Township 30, Range 24, Anoka County, Minnesota, described as follows: Commencing at a point on the West line of said Nortbwest one-quarter (1/4) of the Southwest one-quarter (1/4) distant 626.01 feet North from the Southwest corner of said Northwest one-quarter (1/4) of the Southwest one-quarter (1/4); thence North along said West line a distance of 303.0 feet, more or less, to a point distant 383.0 feet South from the Northwest corner of said Northwest one- quarter (1/4) of the Southwest one-quarter (1/4); thence East at right angles to said West line a distance of 424.33 feet; thence South and parallel with said West line a distance of 305.68 feet more or less, to its intersection with a line drawn parallel with the South line of said Northwest one-quarter (1/4) of the Southwest one-quarter (1/4) from the point of cormnencement; thence West along said parallel line a distance of 424.33 feet to the point of commencement. Subject to Highway easement over the West 50 feet thereof and subject to a utility easement over the East 30 feet of the West 80 feet thereof. Excepting from the two above described tracts that part thereof lying easterly of a line which line is parallel to and 354.33 feet East of the West line of the NW'4 of the SWl4 of Section 25, Township 30, Range 24. And also excepting: That part ofNWV. ofthe SWv. of Section 25, Township 30, Range 24, Anoka County, Mill1lesota, described as follows: Commencing at the Southwest corner of said NWV. of the SWv.; thence on an assumed bearing ofN 0000'00" W, along the West line of said NWV4 of the SWv., a distance of 476.01 feet; thence N 89058'15" E, a distance of277.60 feet to the point of beginning of the land to be described; thence continuing N 89058'15" E, a distance of20.35 feet; thence N 40006'15" E, a 7 distance of87.53 feet; thence N 0000'00" W, a distance of98.86 feet; thence S 24050'00" W, a distance of 182.72 feet to the point ofbegi11l1ing. 8 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2006-01 DATE: December 21, 2005 TO: Columbia Heights Planning Commission LOCATION: City of Columbia Heights University Avenue between 3ih Ave. and 40th Ave. APPLICANT: REQUEST: Vacation of University Ave. Frontage Road PREPARED BY: Jeff Sargent, City Planner Introduction At this time, the City of Columbia Heights is proposing a vacation of the 30-foot wide right-of-way for the frontage road located along the east side of University Avenue, extending from 3ih Avenue N.E. to 40th Avenue N.E. Generally, the City would require an applicant with interest in the property to request the vacation, however, there are currently two projects underway in the area that are dependent on the vacation of this right-of-way. City Staff felt that it would be in the best interest of both projects and in the best interest of the general public, if the right-of-way were vacated by the city. Planning Considerations There are two projects in the process of receiving the necessary approvals that need the vacated University Avenue right-of-way in order to successfully complete their respected projects. Sarna's Inc. is proposing a new restaurant on the southeast corner of University Avenue and 40th Avenue. The vacated right-of-way would give the restaurant much needed space to accommodate on-site parking for their patrons. Without the vacation, the entire project area would need to be reconfigured, possibly making the project economically unfeasible. The second project is the Phase 2 for the Ryland Home/Schafer-Richardson Development. The vacated right-of-way would enable the proposed town homes to gain a substantial enough setback from the University Avenue street curb, and would also allow the installation of landscaping and required screening. The second component to the proposed vacation of the University Avenue frontage road is adherence to the health and safety of the general public. The University Avenue and 40th Avenue intersection is currently a 5-legged intersection, and is considered a City of Columbia Heights Planning Commission University Ave. Frontage Road December 21, 2005 Case # 2006-0101 very dangerous intersection by MnDOT. City Staff believes that removing the frontage street in its entirety from this intersection would vastly improve the health and safety of the public using this area. Consistency with Comprehensive Plan Two goals of the Comprehensive Plan in regards to transportation are to "embrace transit as a means to improve the livability and diversity of Columbia Heights" and to "provide for safe and efficient alternative modes of transportation". The proposed vacation would adequately meet these goals, as it would make the intersection a safer place for pedestrians, improving livability, and providing a safe mode of transportation. Findings of Fact Zoning Code Section 9.104 (I) requires that the City Council make each of the following findings before vacating a street, or other public alley or right-of-way: 1. No private rights will be injured or endangered as a result of the vacation. The proposed vacation would in no wa Y be injurious or endangering to any private rights. The vacation would actually be beneficial to the public, as it would enable the construction of a new restaurant and housing within the City of Columbia Heights. 2. The public will not suffer loss or inconvenience as a result of the vacation. As stated previously, the proposed vacation will be beneficial to the public as it would make the intersection of University Avenue and 40th Avenue a safer, more controlled intersection. The only inconvenience derived from this vacation would be motorists who are used to traveling on the frontage road to gain access to properties to the south of 40th Avenue. During the construction process of the Ryland Home/Schafer-Richardson Development, a portion of this frontage road has been blocked off from public access. The only parties affected at this point are the employees of ME Global. The City has contacted MR Global in regards to this proposed vacation, and they have no problems with it as long as they are given proper access to their site. Proper access will be given to them, with the specifics worked out through both the Sarna Restaurant and Ryland Homes projects. Recommendation Motion: That the Planning Commission recommends approval of the requested vacation of the University Avenue frontage road as described herein based on following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Page 2 City of Columbia Heights Planning Commission University Ave. Frontage Road December 21, 2005 Case # 2006-0101 Ordinance, including: 1. The closure and removal of the existing University Avenue frontage road shall be the responsibility of the developers for both the Sarna Restaurant and the Ryland Home/Schafer-Richardson Development. The details on who is responsible for what portion will be settled within the final approvals for each project. 2. The second reading of the proposed vacation will not occur until the City receives the Commissioner's Letter from the state approving the release of the state-owned right-of-way to the City of Columbia Heights. 3. The approval of the vacation is contingent on the utility companies (namely CenterPoint Energy. Comcast Cable, Qwest, and Xcel Energy) giving approval of the vacation. Attachments . Location map . Survey . Legal Description of Vacated right-of-way . Draft Ordinance Page 3 DRAFT ORDINANCE NO. 1504 BEING AN ORDINANCE VACATING A PORTION OF THE UNIVERSITY AVENUE FRONTAGE ROAD The City of Columbia Heights does ordain: Section 1: The City of Columbia Heights hereby vacates a portion of the public street over, across, and under the following described property, to wit: That past of University Avenue (Trunk Highway No. 47) lying North of the westerly extension of the south line of Block 90, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, Anoka County, Minnesota, South of the south line of 40th Avenue N.E. and East of the following described line: Beginning at the southwest corner of said Block 90; thence South 89 degrees 56 minutes 00 seconds West, assumed bearing, along the westerly extension of the south line of said Block 90 a distance of 32.00 feet; thence North 00 degrees 41 minutes 54 seconds West, a distance of 440.00 feet; thence North 00 degrees 59 minutes 24 seconds West, a distance of 585.00 feet; thence North 02 degrees 21 minutes 12 seconds West, a distance of 870.58 feet, more or less, to the south line of said 40th Avenue N.E. and there terminating. Section 2: The vacation of the right-of-way described above shall be subject to the following condition: Section 3: [None at this point] This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: Roll Call: Mayor- Gary 1. Peterson Patricia Muscovitz, CSMlDeputy City Clerk i JefiSar~ent -2~04-898-L-i22_univ~vac~CL.pdi. ... ..' - .. - .. '. .. . . .. '. Page 1 i F~ r-~~ ~ ~~~ I 1'1:: r- +-::- e /. C rl~ c =qi L II </; ::]j ~ " L =b "~:L . o"Vf)~'" ~ I~. _'0 S69tl~.%.(lfJ, :l'iTH ..WEHUE j'l E l,(lTii AVU~UE J Gu "="" l o 100 , ' SCALE IN fEET ., A.!Lt.rQM.r,I~ ~,\I:tM,.". U'tl~olo\l.Q(l.HI9J-l\~.<l\7QJ\1llO+--<8IIH..-7U vi. ""'" <lAw N.E. ~~Ihl'n.<<-lh.....NE }-.,,~ 'ij-o)':;. ....~'Y. (:.,,\,. '\ \ r:" (' "~) l ~c/j : -4e"l'fllJ V ~,.,. ..~.>A<" .._~ ."LW, ',: "'l;J;nCI"" ? EUiCi< !H! 30TH A.VENUE NE :=.J t:l '-tl" ., ~ :~ ,.. :--~;! 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MN. 55~13 IJ8ffSargenl - Desc-Vac=u;;;versily.doc ~_. ..... .................. ..",., .-- . ::;:::;',1 -~---"'~ PROPOSED DESCRIPTION That part of University Avenue (Trunk Highway No. 47) lying North of the westerly extension of the south line of Block 90, COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, Anoka County Minnesota, South of the south line of 40th Ave. N.E. and East of the following described line: Beginning at the southwest corner of said Block 90; thence South 89 degrees 56 minutes 00 seconds West, assumed bearing, along the westerly extension of the south line of said Block 90 a distance of 32.00 feet; thence North 00 degrees 41 minutes 54 seconds West, a distance of 440.00 feet; thence North 00 degrees 59 minutes 24 seconds West, a distance of 585.00 feet; thence North 02 degrees 21 minutes 12 seconds West, a distance of870.58 feet, more or less, to the south line of said 40th A venue N.E. and there terminating. 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Avenue and a reduction in the enjoyment of private property by the surrounding homeowners and businesses without any benefit to the City of Columbia Heights, homeowners and businesses. 1- NOW, THEREFORE, the undersigned hereby petition the Honorable City Council of Columbia Heights to deny Jm' BABE request for a conditional use permit. NAME ,-;aAvv fl, " '7 teL 1"- v /~z.. ""'" ,.r--' / 1/ - <- ADDRESS 7/(. J'f 'i'il 4{/~ A/E- 303Q ~JSON 51. No E'" [34 [/3 ( ;J- ;vt U'yV, tt~/ J'l),;::' J.j 14/(JW~S to /J;;L'-:' '-/0''3(, fo.fl ~J- rVe 40 "3 I Lf g ~t- tV C L-jq 10 (IL,LfJ!bJZf c;r Ale 5'3 5 6111+ tUv-r AlE' ~,;) /,~f 7(.'M .I .1':: (0 {' ,- "' I f 11(j.(A fJ c- -3 g 3 3 ~ !t€-;r-2}:" ',3' '2.1 C( v /1/ (" ,c;/'5 /'",/';: <:' /- 3 J'~~ C! ()/-U'7L:;. dr- "70'::; :; f... rQ., tfU-'<' '1./:1 i=" .]>~(~l! Qv~S+441 ;:5?2:-2. .j '. ~,' >)-' /1.4 ,....,;.c \." ?! "7' ?C' " 3/ ,"A.-> I': C':: ),~",/",,"I" . . { " v 3 ~ (7 I--l'/~~//.-t~ -57f Iii E t/ '-',::' NOW, THEREFORE, the undersigned hereby petition the Honorable City Council of Columbia Heights to deny Jm' BABE request for a conditional use permit. NAME !t&J\I\c\\ ~,l:-lO 'aD ttU~ 0,.1 / ~~7~' '7%A:: tL c; /- -\f:; !;:~ {0/~ )Le. ./~~iJI {~L / ,tJ r' (d'()L/,/~ Cl/IAvI,.- ') ttlt,(,'LC i/ L:H..i,fi. I AlL" ~ ..., 77v"'~ 1.../ t::,..~- /;!-1~~/~~'- ~ A.,~ /r:l~ +iK ~~~J/;t:. f( ./ . I . -.......... , '$$.,\,/ I ~~fi'" ' , / ., (.'" ' ( it J I...",.,~- /" A...~r ;.~--/.r.----- '" '"-,. - / \ l.,{f v ). )/ ADDRESS ')~Cf0~C hun ~\- V( y; 382[,' :S:i (. V-'X\/\ ,<d N.f -' 3:1"! 2 J4 (.f(",();t.l'5T-; N E- ~j Y j " ~, 3 ~ 3,-~ I ,f~:'~1J i!//[~ "3 ~"3 c. d~e ,k-;~.c?7 -Aif)/r. tc-,,{ 7 if;b . hl>1 .iT;; ;z/ 26l.f{l) Jr(t:y""" .5-/ /lb" Pi t.(7 I/j", j] Wet-c, /J,,,/ III.!:j'p/2/ ~1Cr lk"'l ~-'<-. .1/# ?;;;:~ ~JrS 311& ~fS.r'V) ~'-r , A.I F ~)J3:.J :';.jl'<<::fM;4,l ol.rlE I i' ~"3Y26 :Fi., .1 , '~ 3K-/t Vtul bA/J~ SJ d.~- '. ',~ 5t u .f ,f, ,~~Il ~~ae~M-'~ NOW, THEREFORE. the undersigned hereby petition the Honorable City Council of Columbia Heights to deny JWF BABE request for a conditional use permit. ADDRESS 21/6 l.J(JIJ Gcod'AJ ST, 17()/ 3q.# A-cy /l(E 7/S- 3 ge Az-r ;i(f;' 6)3 39.& 4L-Y A/E 63~ ::sf/If five tJ.~ ~6(f oq~b A~ Nt S- 700 39711 7fvc /II' e ~DiE'AN ~ ""Ft-L'-- being duly sworn, deposes and says that he/she personally circulated the foregoing paper, that all signatures appended thereto were made in his/her presence, and that he/she believes to be the genuine signatures of the persons whose names they purport to be. ? ~..(~. STATE OF MINNESOTA) ) ss. COUNTY OF HENNEPIN) Subscribed JAnu.f.\r4 1 and sworn to, and acknowledged before me this ,200~ 3 day of By: J3.~.t:- E C\ cuC-!to.AyIIL/ Notary Public a 1 BEVERLY E. JACKSON January 3, 2006 To: Planning & Zoning Commissioners: Marlaine Szurek, Chair Rob Fiorendino Donna Schmitt David Thompson Copy: Tami Ericson Diehm, City Council Liaison Jeff Sargent, City Planner From: Mike Peterson (c/o Shelley Hanson, Planning & Zoning Secretary) Re: My Input On 3 Cases to be Heard at Tonight's P&Z Meeting. Due to a rare Tuesday school board meeting I am illlable to attend tonight's p&z meeting. Nevertheless, I anl offering my input even though I assume I have no voting privilege because of my absence. I would appreciate these concerns be addressed. Thanks! Case #2005-1201 .... Jeffs Bobby and Steve's vehicle storage at 683 39th Ave NE. I am in favor of this request with one stronger condition and a couple of concerns. 1. The planning report indicates in the "Introduction" paragraph that Mr. Babe wants the CUP "in an effort to help clean up the current [vehicle] storage site" located on a h'iangular lot northeast of the service station on 37th & Central. This triangular lot is home to many vehicles as are two former residences on Central Ave immediately adjacent to and directly north of the service station. The triangular lot is right in the middle of residential property on all three sides! As a P&Z commissioner, I support the CUP if it is Mr. Babe's spirit and intent (along with his promiseD that he will remove all vehicles from the triangular lot and/or the two residential properties along Central ifhe receives the CUP. This block is becoming one giant car lot in what should be one beautiful entry way fi'om the south into Colmnbia Heights. Aside: What is the zoning on the triangular lot and what other use could it have if not used as a place for vehicle storage? 2. Mr. Babe has agreed to construct a 6 foot high privacy fence along the north side of the 683 lot. This privacy fence will help beautify the park from the viewpoints of park users and residents living next to the park. Is the barbed wire fencing, that I understand he intends to construct atop the privacy fence facing inward to the lot, legal and aesthetically acceptable? I'm thinking probably so but I'm not certain. 3. Within the motion to be made, how will points 3, 4 and 5 be monitored and enforced? Case #2005-1203 .... W die Auto Supply Expansion - East Side Service Bav Construc!, Initially, 1 am torn on this case. 1 favor the motion given strong noise and lighting level conditions in order to respect Grand Central Loft residential rights to reasonable privacy. 1 do not favor the motion given the wonderful opportunity Columbia Heights has to potentially develop something extraordinary on the entire eastern side of Central Avenue between 47th and 49th if our collective city minds were really put to the task. Given Mr. Welle's want and, 1 believe, right to remain competitive in the current auto patis and repair marketplace that exists in Columbia Heights, and given that there is no firm current alternative development plan for the entire Central Ave east side area between4ih and 49th at this time, I default to favoring the motion with the following comments and conditions: 1. The 34 foot eastem extension of the currently existing building and its proposed use as auto repair bays should not bother the nearest Grand Central Loft neighbors - townhome residents - according to my study. 1 drove on the new Grand Ave and stood on the steps of a couple of tile townhomes to see what the view might be atld the Welle extension does not seem likely to pose a problem. However, to be safe, 1 would like to see some conditions similar to the following attached to the motion: a. Any external lighting must be low height, directed and with low brightness so it is not intrusive to GCL residents. b. Bay area doors must remain closed at all times except when vehicles are entering or exiting so noise is confined internally and not able to bounce, echo and otherwise drift externally and be an amlOyance to GCL residents. c. Hours of bay operation must err on the side of being generous to GCL residential privacy. 2. 1 favor the site plan with "easement as driveway" over the site plan with "alternate easement parking". I believe the former plan has a tighter more appealing appearance which is more to my organizational liking whereas the latter has a looser more sprawling appearance which is more to my chaotic liking. 1 think when parking vehicles it is better to have orgallization thatl chaos! . 3. Overall, the at'chitect atld Mr. Welle have done a very nice job enhancing the current building so that it will be more aesthetically pleasing to passers-by and more functional for consumers. 1 believe Mr. Welle is displaying good business and commooity spirit and responsibility with the plan for which he is asking approval. Case #2006-01 .... Vacation ofUniversitv Avenue East Frontage Road fi'om37tl1 to 40tl1. 1 support this motion without allY concerns. 1 wish we could resolve all of the 5-legged intersections along University Ave up to 1-694! CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E" Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Wehsite at: www.ci.columbia-heights.mn.us January 3, 2006 Jeff Bahe 3701 Central Avenue NE Columbia Heights, MN 55421 Re: 683 39th Avenue NE Dear Mr. Bahe: This letter is to notify you that you violated the Minnesota State Building Code as you did not obtain the proper permits to demolish the building .at 683 39th Avenue NE. I issued a Stop Work Order on this project while it was in progress which you also ignored. I am asking for the name of the Contractor who removed the building so the citation is issued to the correct party involved. Failure to provide this information will result in the citation being issued to you as the property owner. Also, any fencing over 6 feet in height requires a building pennit. Please provide us with any plans and location of the fence for review if it will be in excess of the 6 foot height allowed by City Ordinances and State Code. If you have any questions, please call me at (763) 706-3677. Sincerely, ~=ntz cY~ Building Official #2379 '-- " Cc: Connnunity Development Director City Attomey Plamling & Zoning Members v City Council City Manager THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: DATE: 2005-1201 November 21, 2005 TO: Columbia Heights Planning Commission LOCATION: Jeff Bahe, Jeff's Bobby and Steve's 683 - 39th Avenue NE APPLICANT: REQUEST: Conditional Use Permit for Outdoor Storage PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Jeff Bahe d/b/a Jeff's Bobby and Steve's is requesting a Conditional Use Permit (CUP) to allow outdoor storage in an industrially zoned area located at 683 - 39th Avenue NE. Currently, Jeff's Bobby and Steve's utilizes a triangular piece of property just northeast the Jeff's Bobby and Steve's Autoworld to store customers' vehicles that the service station works on. In an effort to hel~ clean up the current storage site, Mr. Bahe has purchased the property at 683 - 391 Avenue NE to use for the storage of these vehicles. PLANNING CONSIDERATIONS Consistency with Zoning Ordinance The property located at 683 - 39th Avenue NE is zoned 1-2, Industrial District, as are the properties to the east, west and south. The property to the north is a park overlay, and is the site of Huset Park. The Zoning Code at Section 9.111 (E)(3) allows for outdoor storage as a Conditional Use. The Specific Development Standards at Section 9.107 state the criteria in which the outdoor storage shall be used. These standards state the following: a) The outdoor storage area shall be accessory to a commercial or industrial use. The storage area will be accessory to Jeff's Bobby and Steve's Autoworld, which is a commercial use. City of Columbia Heights Planning Commission Jeff's Bobby and Steve's - Conditional Use Permit November 21, 2005 Case # 2005-1201 b) Outdoor storage within the public right-of-way is prohibited. The proposed location for the outdoor storage is located fully within the property boundaries. A condition will be implemented prohibiting storage on the public right-of-way. c) All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. The setback requirements for the 1-2 District are as follows: Front yard: Side yard: Rear yard: 20 feet 12 feet 24 feet The survey accompanying the CUP application indicates that these setback requirements would be met. d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. This criterion shall not apply to this site, as there is no principal structure. e) The storage area shall be fenced and screened from adjacent uses and the public right-of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six (6) feet in height and no less than 80% opaque on a year round basis. The survey accompanying the CUP application indicates that a 6-foot tall privacy fence will be erected around the perimeter of the site. The applicant has also agreed to install a wooden privacy fence at 6-feet in height on the north lot line, adjacent to Huset Park. f) All goods, materials and equipment shall be stored on an impervious surface. The survey accompanying the CUP application indicates that an impervious surface would be installed for the storage of the vehicles. A hard surface requirement for the storage area will be a condition of the CUP. g) All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. h) The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. Page 2 City of Columbia Heights Planning Commission Jeff's Bobby and Steve's - Conditional Use Permit November 21, 2005 Case # 2005-1201 Consistency with Comprehensive Plan The Comprehensive Plan designates the property as industrial use. The proposal is consistent with the intent of the City's Comprehensive Plan. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Outdoor storage is specifically listed as a Conditional Use in the 1-2, Industrial District in the City of Columbia Heights. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this property as Industrial use. The proposed use of the land would be consistent with the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The outdoor storage is intended for vehicles, which will be stored an adequate distance from the property line as to not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for outdoor storage for the proposed CUP would help ensure that the uses of properties in the immediate vicinity would not be diminished in any capacity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Outdoor storage in an industrially zoned area would be consistent with the character of the surrounding area, which is zoned industrial to the east, west Page 3 City of Columbia Heights Planning Commission Jeff's Bobby and Steve's - Conditionai Use Permit November 21, 2005 Case # 2005-1201 and south. The property to the north has a park overlay and is currently used as a park. The applicant has agreed to install a wooded privacy fence along the northern property line to help reduce the collateral effects that storing vehicles on this site might present. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 683 - 39th Avenue NE meets this criterion. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The nature of outdoor storage, especially on a property with no principal structure, does not and will not generate an excess of traffic, and will not create traffic congestion. Measures will be taken to ensure that on-site circulation is provided. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Being that outdoor storage is allowed in the Industrial District with a CUP, it is assumed that there would be no negative cumulative effect of the proposed use on other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The proposed use will comply with all other applicable regulations for the district. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for outdoor storage subject to conditions of approval outlined below. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for outdoor storage, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage shall be located within the setback requirements of the 1-2, Industrial District. Page 4 City of Columbia Heights Planning Commission Jeff's Bobby and Steve's - Conditional Use Permit November 21, 2005 Case # 2005-1201 2. There shall be no outdoor storage of materials located on the public right-of-way. 3. There shall be no storage of junk vehicles used for parts on the premises. 4. All vehicles stored on the premises shall be currently licensed and insured. 5. There shall be no cars for sale on the property, and customers shall not buy vehicles from the site. 6. The area used for outdoor storage shall be surfaced with a hard surface material approved by the City Engineer. 7. A 6-foot tall wooden privacy fence of at least 80% opacity shall be installed along the northern property line. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall screen the remainder of the outdoor storage area. 8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 9. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. ATTACHMENTS . Draft Resolution . Location Map . Survey / Site Plan Page 5 DRAFT RESOLUTION NO. 2006-02 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JEFF BAHE OF JEFF'S BOBBY AND STEVE'S WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2005-1201) has been submitted by Jeff Bahe to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 683 - 391h Avenue NE LEGAL DESCRIPTION: Lots 6 and 7, Block I, 2nd Subdivision of Block F, Columbia Heights Annex, Anoka County, Minnesota. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.111 (E)(3), to allow outdoor storage in an industrially zoned district. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 6,2005; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance ofthe existing or intended character of the surrounding area. 6. The use and propelty upon which the use is located are adequately served by essential public facilities and services. Resolution No. 2006-02 Page 2 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (l) calendar veal' after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located within the setback requirements of the 1-2, Industrial District. 2. There shall be no outdoor storage of materials located on the public right-of-way. 3. There shall be no storage of junk vehicles used for parts on the premises. 4. All vehicles stored on the premises shall be currently licensed and insured. 5. There shall be no cars for sale on the propelty, and customers shall not buy vehicles from the site. 6. The area used for outdoor storage shall be surfaced with a hard surface material approved by the City Engineer. 7. A 6-foot tall wooden privacy fence of at least 80% opacity shall be installed along the northern property line. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall screen the remainder of the outdoor storage area. 8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 9. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. Resolution No. 2006-02 Page 3 Passed this _ day of 200 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary 1. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary I 0>:..1: t.~I: , 90S I: t.(l.~I: ,. 0 ,Z'6"t1 9081: ~ ,1'6<:1 ! 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MINNESOTA RJK\GCD'~ISC\B-S^UTO.Qcd 10-26-05 IIxl7 1..20' , ' " ' , " , , F CERTIFICATE OF SURVEY IMEASUR{MENTS SHOWN IN FEET AND DECIMALS OF A FOOT! 12 ; I I ..... , ' I . -;<. 0) , , , ~ - ao Q . -J ao - :;) <:::> 0:, G - a , n5 I , I CATCH BASIN m.. RIM-196.! '<@ , , ",'Y ~ + ~.{, ",. , ,'" , / "\ .. - - ~ I I ;- - , '.. / , BRICK LEDGE . R.V;REX~VfRL y-----.... . /// .OJ '\.+ ",. ,'" CONCRETE I DRIVE \ , I09S .ty , . - - '. ',..-," p/ L. lij , , , Cl , Cl AREA ~ ( 96.41 --.::;, \ CONCRETE c DRIVE '" ( pp , I / I , , ( - , r - . - r - r- A r- I , , , , , L. J , L . _ , u ~'\ , , \ I , , r - , , r, , , , , , - I c _ _ , I , , , , , , . ",. ,~ + '\ ",. ~ + '" ",. ,'" + / 100.02 , I , l.g ((:;'> 6:.J \'''' - \ " (... I I \ _ I '... _ J , , , '\ ~",,,,. ..,+ '\. ,'" (197.01 , , , , " . ,", '" I (196.51 ..,+ ",. ,'" '\+ ",. ,'" PROPOSED . ",. ~ + ( . ( '\ .' i')'!> ,'" + I, 12 "", , v , . / (196.21 : .. . . . . . . . . . . . . . . . . . . . . ~.....<v ,"<:<-<V '" ""':",,v ","" ,",vo +~ ~'t'"" , c '" '-- " .",,,,. ~SURMOUNTABLE CURB 39TH A VENUE NE /60' o 20 ~ I SCALE I N FEET BENCHMARK USED TOP NUT HYDRANT ~227 ELEVATION - 199.35 X196.2 = 1197.01 = ~ = )( x = ..,+ ",. ,'" -, 1\ <: " _J ,... , , , " ... \ ' " ' , " , , IJ. Cl '" I U:i I -J I <.> I Q :;;~ It') "' ;> ao c5 . " " -' . Lu <:::> " - as IJ. - >- " I ::0: ..' I '- I '" Q. _.../ to'> ,'" R/tIJ KURTH SURVEYING, INC. 4002 JEFFERSON ST, NE. COLUMBIA HEIGHTS, MN 55421 PHOIE (763) 788-9769 FAX (763) 788-7602 E-MAIL: KURTHSURVEYlIAOL.CO/./ DATE 10-26-05 o = IRON MONUMENT EXISTING SPOT ELEVATION PROPOSED ELEVATION DRAINAGE ARROW PROPOSED FABRIC SCREENED CHAIN LINK FENCE SEE HJSET FOLDER' BOO( 7 PO.JI