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.
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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.
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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.
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(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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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