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HomeMy WebLinkAboutJanuary 3, 2006 PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING January 3, 2006 7:00 PM The meeting was called to order at 7:00 pm by Chairperson Szurek. Roll Call: Commission Members present-Thompson, Schmitt, and Szurek. Commission Members absent- Fiorendino and Peterson Also present were Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Schmitt, to approve the minutes from the meeting of December 6, 2005.. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2005-1201 Conditional Use Permit For Outdoor Storage Jeff Bahe, Jeffs Bobby and Steve's 683 - 39th Avenue NE At this time, Jeff Bahe d/b/a Jeffs 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, Jeffs Bobby and Steve's utilizes a triangular piece of propelty just northeast the Jeffs Bobby and Steve's Autoworld to store customers' vehicles that the service station works on. In an effort to help clean up the current storage site, Mr. Bahe has purchased the property at 683 - 39th Avenue NE to use for the storage of these vehicles. PLANNING CONSIDERATIONS Consistency with Zoning Ordinance The propelty 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. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 2 b) Outdoor storage within the public right-of-way is prohibited. The proposed location for the outdoor storage is locatedfully within the property boundaries. A condition will be implemented prohibiting storage on the public right-ofway. 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 fi'ont 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 sUlface 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. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 3 Consistency with Comprehensive Plan The Comprehensive Plan designates the property as industrial use. The proposal is consistent with the intent ofthe 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 propeliies. 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 sUl1"ounding 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 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. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 4 (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. Therefore, 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 in the attached motion. QUESTIONS BY MEMBERS: Schmitt asked if it was going to be used strictly for vehicle parking. Plamler Sargent replied that is the intent of the owners. She questioned whether other items would need to be stored in a structure. Sargent said this is a request to allow outdoor storage if all conditions can be met, so no, other items would not need to be inside a building. The Public Hearing was opened. Jerry Korba, an Attorney for 36 years, was there representing Anoco Metal Inc which is directly to the east of 683 39th Avenue and they also lease the property directly west of tillS site. He presented the Commission with a petition executed by 46 property owners to deny the Conditional Use Permit request. He claimed it would cause an increase of traffic on 39th Avenue. Cars will be towed in and out of the site, causing traffic problems as they try to maneuver the vehicles in question. I-Ie also stated that nothing in this CUP addresses the environmental/pollution issues on the site. Korba stated his clients would like to see the site cleaned up. He felt contamination from this site is seeping onto the property owned by the Powell's and Anoco Metal Inc. Szurek stated that the City received a letter from the EPA dated November 21,2005, and that they have no concerns about the pollution on the site at this time. It is a low level priority to them, based on the use being proposed. They do not feel further testing is warranted at this time. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 5 Szurek went on to say that by removing the building and blacktopping the site for off street storage of vehicles, the site has been greatly improved from what it was previously used for. And the storage of the vehicles will be screened to help make it more aesthetically acceptable considering the area is next to the residential redevelopment that is taking place. She stated the Commission is here to review the request of Mr. Bahe and to see ifhe can meet the required conditions, which he can. Szurek stated she believes that the actual reason Mr. Korba was hired by the Powell's and Anoco Tool was because they wished to purchase the property for their own use, and that because they were not able to do so are now trying to prohibit Mr. Bahe from using the property as he intends, thereby hoping they will be able to purchase it from him. Mr. Dean Powell of 691 39th Avenue-owner of Anoco Metal Services said he has witnessed that contamination is present on that site. I-Ie admitted he has tried to purchase the property throughout the years. He told the previous owner (Kremer-Davis) that he wanted to do a Phase I or 2 when he purchased the property, but they didn't wish to have that done. He went on to say that he had a Phase I done on his property approximately 20 years ago, and there is proof of contamination. That may be the reason Kremer-Davis didn't sell the property to them. Mr. Powell was not even aware the property was being marketed at the time Mr. Bahe purchased it. Mr. Powell said the property is most valuable to the adjacent owners, and admits he is overcrowded at his site and needs the space. He has been waiting patiently on the side lines waiting for news on the redevelopment plans for the area, while he continued to improve his property and invest dollars into his business. His goal was to clean it up prior to redeveloping the site. Now it will be used as a parking lot. Therefore, he feels he was duped by the City and the owners of this site. Mr. Powell expressed his concern about the drainage and elevations of the site and how it will affect his property. Once this is blacktopped, more surface water will run into his building. He plalliled to address this when he purchased the property, and now he will not be able to do. Thompson said this is a legitimate concern and should not adversely affect his property. He suggests adding the review of the drainage plan by the City Engineer to the list of conditions that must be met. Szurek reminded the Commission and those present that Mr. Bahe owns the property and is asking to use his property as he wishes to. The Commission can only address the request before them, and it doesn't matter ifMr. Powell wanted the property or not, or what Mr. Powell would have done with the propeliy. They can only make their decision based on whether Mr. Bahe, who does own the propeliy can meet the requirements to obtain the Conditional Use Permit. She also went on to explain, that Mr. Bahe has been storing cars on the propeliy adj acent to his Central Avenue location, and needs more space. He purchased this propetiy to take care of a storage problem he had. And this site is much more acceptable than the one he has been using. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 6 Thompson asked him how many vehicles would be stored on this site. Bahe replied there could be as many as 30-40 vehicles and that they are moved primarily during business hours. He stated that they tow for the MN State Patrol, so cars are stored for an indefinite timeframe until owners retrieve their vehicles. He explained the site will be completely fenced in with security lighting. He believes the standards he will be establishing will force other business owners in the area to improve their properties also. Mr. Korba asked how they could insure all the vehicles were licensed and insured? Szurek stated this is a condition of the CUP being approved. If he cmmot mcet thc conditions, he would be in violation of the CUP mId it could be revoked. Sargent was asked whether he could improve the site with fencing before this CUP is approved. Sargent explained that as the owner, he can construct a fence whether this is approved or not. He is doing it at his own risk. Jeff I-Iague questioned the setbacks from the property line. He was told the fence could be up to the property lines atld that the blacktopped, storage area needs to be set back 12 feet from the side propeliy line. He was concerned that the fencing all the way to the front propeliy line would be unattractive. Hugh Burhams-700 39th Avenue-questioned what type of vehicles would be stored. I-Ie was shown pictures of those currently being stored at the other location. They are not junk vehicles typically. The Public I-Iearing was closed. Szurek stated that comments had been received from Commission Member Peterson and had been reviewed and will be put into record. Motion by Thompson, seconded by Schmitt, that 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: I. 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-ol-way. 3. There shall be no storage of junk vehicles usedfor 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 ji-om the site. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 7 6. The area used for outdoor storage shall be surfaced with a hard surface material approved by the City Engineer including review of the drainage plan to ensure neighboring sites are not adversely affected. 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. All Ayes. Motion passes. This will go before the City Council at the Jmmary 9, 2006 meeting. CASE NUMBER: 2005-1203 Site Plan Approval Welle Auto Snpply 4801 Central Avenue 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 propelty to the east is the location of the new Grand Central Lofts development. The propelties to the west are within the City of Hilltop. The Zoning Code states that the Plamling and Zoning Commission shall approve the site plml for mlY new construction located in this district. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 8 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 planfor 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 propeliy 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-ol-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 fi'om 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. ANALYSIS Circulation, Access, and Parlung The proposed addition vvill 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 (l) 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. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 9 The remainder of the building would require one (I) parking stall for each 300 square feet ofretail and office space, plus one (I) 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 ffild 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 ffil 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, pertammg 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. Staff recommends approval of the Site Plan. QUESTIONS BY MEMBERS: Thompson and Schmitt both asked whether the increase in the size of the building and parking area would necessitate a need for center islands or landscaping of the parking area. They were told it is not required by code. And the Design Guidelines are more concerned about the front of the building and the street scape issues. This addition is not considered excessive enough to require the guidelines be met. Thompson asked how they will address noise and lighting issues so as not to bother the new residential development they will be abutting. All the Commission members were concerned with this. They were concerned with the noise that would be generated from the hydraulic and air tools. They discussed how this could be measured and monitored. Sargent informed them that the Police Dept does have a decibel meter and noise levels are usually monitored on a complaint basis. If levels exceed acceptable readings, it would be up to City Staff to use their discretion as to how many complaints it would take before citations would be issued. The Public Hearing was opened. PLANNING & ZONING COMMISSIO MINUTES MEETING OF JANUARY 3, 2006 PAGE 10 Mr. Ken Welle and Mr. Rick Welle answered the Commission Members questions. Ken Welle stated he is trying to stay competitive and to provide for the needs of his customers. He is llilsure what his hours will be as he doesn't know what the demand will be. However, he found the parameters discussed by the members acceptable. Mr. David Phillips, the Architect for Mr. Welle answered some questions regarding the ventilation of the 7 repairs bays, and he expressed his opinion that some of the doors would be opened from time to time to provide fresh air to the workers. Mr. Nedegaard expressed his concern over the noise levels also. He stated he has invested a lot of money into the Grand Central Lofts development and is worried that the noise may make them undesirable to potential buyers. Keeping in mind, we have commercial properties and residential properties abutting one another, and they both have rights, the Commission members sought some compromise that would be acceptable to both parties to avoid future problems and complaints. There was more discussion with Mr. Welle about how this could be accomplished. Taking into consideration the location, proposed business hours, ventilation of the new addition, and acceptable noise levels for the area in order to be good neighbors, the following details were agreed upon to gain approval.: *Store hours will be limited to the following parameters-- 8 am - 6 pm Monday -Saturday and 10 am-5 pm on Sunday. *Only two doors can be opened at one time during Monday-Friday to allow for ventilation. However, if the garage is open on Saturday and Sunday, the doors must remain closed except for entering and exiting *The noise must not exceed the maximum decibel levels allowed by City Code between Commercial and Residential Propelties. Mr. Nedgaard stated he will be bringing in plans soon for new commercial buildings going in next to Mr. Welle's property on Central Avenue. So Mr. Nedegaard and Mr. Welle agreed to also work with one another to make the entrance and parking area of the businesses along Central A venue similar in nature to make it more attractive and inviting. The Public Hearing was closed. Motion by Thompson, Seconded By Schmitt, to waive the reading of Resolution No. 2006-01, there being ample copies available to the public. All ayes. Motion Passed, Motion by Thompson, seconded by Schmitt to adopt Resolution No. 2006-01, being a resolution approving a site plan for the Welle Auto Supply store. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 11 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 Plml approval for an addition in the MXD, Mixed-Use District. WHEREAS, the Plmming 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 welfme 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 meas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Plmming and Zoning Commission accepts and adopts the following findings: The site plan conforms to all applicable requirements of the city's comprehensive plan. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The site plan is consistent with any applicable area plan. The site plan minimizes any adverse impacts on propeliy in the immediate vicinity and the public right- of-way. FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become pmi of this pennit 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 veal' after the approval date, subject to petition for renewal of the permit. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 12 CONDITIONS ATTACHED: The new parking lot shall be stripped to indicate 52 parking stalls as approved on the submitted site plan. The amended driveway easement be recorded with Anoka County, and evidence ofthe recording be submitted to the Zoning Administrator prior to the issuance of a building permit. Any proposed signage for the building shall meet the requirements of Section 9.106 (P), as it relates to signage. The hours of operation for the service department shall be 8:00 a.m. to 6:00 p.m. Monday through Saturday and 10:00 a.m. to 5:00 p.m. on Sundays. A maximum of two (2) bays doors may be open continuously at any given time on the weekdays. The bay doors must remain closed at all times on Saturdays and Sundays with the exception of moving the vehicles in and out ofthe service bay. Noise levels may not exceed the allowable decibel levels between commercial and residential uses as determined by City Code. Passed this 3rd day of January 2006, Offered by: Thompson Seconded by: Schmitt Roll Call: 3 Ayes: 0 Nays: CHAIR: Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is contingent upon execution and return of this document to the City Plamling Office. I have read and agree to the conditions of this resolution as outlined above. Date Ken Welle PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 13 Motion by Thompson, seconded by Schmitt, 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 signagefor the building shall meet the requirements of Section 9.106 (P), as it relates to signage. 4. The hours of operation for the service department shall be 8 am to 6 pm Monday through Saturday and 10 am to 5 pm on Sundays. 5. A maximum of two (2) bay doors may be open continuously at any given time on the weekdays. The bay doors must remain closed at all time on Saturdays and Sundays with the exception of moving the vehicles in and out of the service bay. 6. Noise levels may not exceed the allowable decibel levels between commercial and residential uses as determined by City Code. All ayes. Motion passed. CASE NUMBER: 2006-0101 Vacation of University Ave Frontage Road City of Columbia Heights Univel'sity Avenue between 37th Ave. and 40th Ave. At this time, the City of Columbia Heights is proposing a vacation ofthe 30-foot wide right-of-way for the frontage road located along the east side of University Avenue, extending from37'h Avenue N.E. to 40th Avenue N.E. Generally, the City would require an applicant with interest in the propelty 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 Stafffelt 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 proj ects 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 townhomes to gain a substantial enough setback from the University A venue 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 A venue and 40th Avenue intersection is currently a 5-legged intersection, and is considered a 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. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 14 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 transpoliation". 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 (1) 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 way 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 40lh 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 40lh Avenue. During the construction process of the Ryland Home/Schafer-Richardson Development, a portion of this frontage road has been blocked off fi'om 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. Staff reconnnends approval of the requested vacation. Questions bv Commission Members: The question was asked whether the easements would affect the fencing and landscaping for the new projects. Planner Sargent stated it would not. The Public Hearing was opened. No one wished to speak. So the Hearing was closed. PLANNING & ZONING COMMISSION MINUTES MEETING OF JANUARY 3, 2006 PAGE 15 Motion by Schmitt, seconded by Thompson, that the Planning Commission recommends approval of the requested vacation of the University Avenue fi'ontage road as described herein based onfollowing 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 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-ofway 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. All ayes, Motion passed. This will go before the City Council on January 9, 2006, NEW BUSINESS None MISCELLANEOUS There was a brief discussion regarding the projects in progress, The meeting was adjourned at 9: 15 pm Respectfully submitted, " '''''~\ L,n n n , \"J 0 ,'.,'J , ,,<)l..XJ:~u,/ { ",,'\(Q. \rv^j (}'(\ Shelley Hanson '--\ " Secretary