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HomeMy WebLinkAboutMay 2, 2006 PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING May 2, 2006 7:00 PM The meeting was called to order at 7:05 pm by Chairperson Szurek. Roll Call: Commission Members present-Thompson, Fiorendino, Schmitt, and Szurek. Commission members absent-Peterson Also present were Jeff Sargent (City PlalUler), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Thompson, seconded By Schmitt, to approve the minutes from the meeting of April 4, 2006. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2006-0501 Swenson's Greenhouses, Inc. 3919 Central Avenue, Mady's Parking Lot Conditional Use Permit for Seasonal Sales James Swenson has applied for a Conditional Use Permit to allow the operation of a seasonal mini- garden center for flowering plants and retail sales. According to Section 9.1 06 (G)(5) of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center until July 1st, 2006 (see attached letter). The attached site plall illustrates the 20' x 60' greenhouse location which will be located in front of the Salvation Army store. The greenhouse will house a vaI"iety of plants and flowers for sale to the public. The applicant anticipates that there will be no more than 5-6 customers at any given time. The principal uses of the subject parcel are preexisting and legally non-conforming, aIld comply with zoning regulations. The structure will displace approximately seven parking spaces. This will be the Swenson's first year operating a temporary greenhonse at this location in Columbia Heights. PLANNING CONSIDERATIONS Consistency with Comprehensive Plan The Comprehensive Plan designates the propeliy for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. PLANNING & ZONING COMMISSION MINUTES MEETING OF MAY 2, 2006 PAGE 2 Consistency with Zoning Ol'dinancc The zoning classification for this property located at 3919-3927 Central Avenue is CBD, Central Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. Findings of Fact Section 9.104 (EI) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 1. 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. Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the CBD, Central Business District. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Seasonal agricultural sales are allowed as conditional uses in the commercial districts. 3. The use will not impose hazards or disturbing influences on neighboring properties. The outdoor greenhouse and related business proposed will be placed on the westerly portion of the parking lot along Central Ave. The location should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. 5. The use will be designed, constructed, operated and maintained in a manller that is compatible with the appearance of the existillg or intended character of the surrounding area. The proposed garden center should not negatively impact the existing character of the vicinity. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. The property is currently served by adequate public roadways and necessary utilities. 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 oftraffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which is zonedfor commercial uses. PLANNING & ZONING COMMISSION MINUTES MEETING OF MAY 2, 2006 PAGE 3 9. The use complies with all other applicable regulations for the district in which it is located. As determined by staff, the use complies with the applicable regulations of the Central Business District. Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Questions bv Members: There were no questions from the members. It was noted, this request is similar to Linder's and Frattalone's a1l11Ual garden centers. Public Hearing Opened: No one was present to speak on this matter. Public Hearing was Closed Motion by Schmitt, seconded byFiorendino, that the Planning Commission recommend the City Council approve the Conditional Use Permit for seasonal agricultural sales at 3919-3927 Central Avenue NE through July 1, 2006, 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 Fire Department will require a structure plan indicating the location of the exits and fire extinguisher placements. 2. The Fire Department will require a flame spread certification for the membrane structure. 3. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be r~runded after the Conditional Use Permit expires and the site has been cleaned up. All Ayes. MOTION PASSED. The attached draft Resolution will go to the City Council at the May 8, 2006 meeting. PLANNING & ZONING COMMISSION MINUTES MEETING OF MAY 2, 2006 PAGE 4 DRAFT RESOLUTION NO. 2006-XXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JAMES SWENSON WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0501) has been submitted by James Swenson to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3927 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)( e), to allow outdoor sales or display. WHEREAS, the Plmming Commission has held a public hearing as required by the city Zoning Code on May 2, 2006; 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 cOlmnunity 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; mld NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts aJ1d adopts the following findings of the Pla11l1ing Commission: I. The use is one of the conditional uses listed for the zoning district in which the propelty 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 ofthe Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring propelties. 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 of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. PLANNING & ZONING COMMISSION MINUTES MEETING OF MAY 2, 2006 PAGE 5 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 tmffic. 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 (IJ calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The Fire Depmtment will require a structure plan indicating the location of the exits and fire extinguisher placements. 2. The Fire Department will require a flame spread certification for the membrane structure. 3. A $500 deposit shall be submitted to the Community Development Depmtment prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. Passed this _ day of May 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gmy L. Peterson NEW BUSINESS None MISCELLANEOUS Sargent told members they may be notified of a special meeting sometime later in May to review the Final Plans for the Sarna Restaurant Project. He said not all the documents were ready for this meeting and they are anxious to move forward with the project. Motion by Thompson, seconded by Fiorendino to adjourn the meeting at 8: 14 pm. Respectfully submitted, ~)~cfb,v)~\ Shelley HansOlQ Secretary