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HomeMy WebLinkAboutMarch 6, 2007 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MARCH 6, 2007 7:00 PM The mccting was called to order at 7:00 pm by Chairperson, Marlaine Szurek. Roll Call: Commission Members prcsent- Fiorendino, Schmi1t, Peterson, and Szurek. Members Excused: Thompson Also prcsent were Jeff Sargent (City Plamler), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded hy Peterson, to approve the minutes.fi'om the meeting of Januwy 3, 2007. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0201 Bruce Whitney 4920 Tyler St Lotsplit/CUPN ariancc INTRODUCTION Bruce Whitney is proposing to split the property located at 4920 Tyler Street in order to convert an existing duplex into a twin home. The Zoning Ordinance has recently been amended to require a Conditional Use Permit (CUP) for all twin home proposals within the R-2A or R-2B, One and Two Family Residential Zoning Districts. The existing house located at 4920 Tyler Street is a duplex built in December 2006. The applicant stated that he wants to sell the properties to prospective property owners rather than manage the property as a landlord. Because of the current orientation of the house on the property, a lot area variance will be necessary because the proposed lot split does not result in two equally sized parcels. COMPREHENSIVE PLAN The Comprehcnsive Plan guides this area towards Medium Density Residential. Both the current use as a duplex and the proposed use of this land as a twin home are consistent with the intent of the Comprehensive Plan. ZONING ORDINANCE The property is zoned R-2A, One and Two Family Rcsidcntial. The minimum requirements for lot area, lot width and setbacks in the R2-A District for a twin home use are as follows: PLANNING & ZONING COMMISSION MINUTES PAGE 2 MARCI-I 6, 2007 Lot Area: Lot Width: Front Yard Setback: Side Yard Setback: Rear Yard Setback: 12,000 square feet 60 feet Average requirement o feet 20% of lot depth. The lot width and lot area requirements are the minimum standards required for properties prior to the lot split, in order to construct a twin home. The Zoning Code has specific requirements for zero lot line setbacks when taking twin homes into consideration. They arc as follows: (I) The wall of the dwelling unit shall be placed upon said property line in a manner that does not encroach upon another property. The proposed lot line will split the structure into two separate living quarters, along a party wall. At no point does any portion of either dwelling unit encroach onto the neighboring property. (2) The applicant records all required agreements, easements and deed restrictions against all properties that abut the zero lot line. This condition will be attached to the Conditional Use Permit Resolution. The applicant will be responsible for recording a party wall agreement as well as a driveway easement agreement between the two properties. (3) The minimum front, side and rear building setbacks shall be applied to the structure as a whole, rather than to individual units. The current structure is 20.6 feet Fom the northern property line, 5.34 feet fi'om the southern property line, and approximately 56.5 feetfi'om the rear property line, meeting the minimum setback requirements. The structure is setback 34.69 feet .ft'om the Font property line. Given that the average setback of the houses 200 feet to the north and south is 35 feet, the current location of the subject property meets the minimum Font yard setback requirement, (4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels occupied by the structure by the total number of dwelling units. The current property is 12,869 square feet. The existing house does not sit directly in the middle of the property, however it still meets all the minimum setback requirements. The minimum lot area for each property must be 6,434.5 square feet. Therefore, a 1,199.5 square foot area variance is required/or the southern parcel. The park dedication fee for Parcel B will be $3,132.00, to be paid upon final approval of the lot split. PLANNING & ZONING COMMISSION MINUTES PAGE 3 MARCH 6, 2007 FINDINGS OF FACT (Minol' Snbdivision) Section 9.104 (1) of the Zoning Ordinance outlines eight conditions that must be met in order for the City to grant a minor subdivision. They are as follows: (a) The proposed subdivision ofland will not result in more than three lots. The proposed subdivision will result in the creation of two parcels. (b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of the proposed minor subdivision. ( c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The northern lot will be 7,634 square feet in area and the southern lot will be 5,235 square feet in area. The southern lot will require a 1,199.5 square foot area variance, as it is not one-half of the total lot area of the existing parcel of land. (d) The proposcd subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. The property currently has adequate access to Tyler Street and 'will not require a dedication of the public right-of-;jlay for access purposes. (e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided through the minor subdivision process. (f) The proposed subdivision does not hinder the conveyance ofland. This is a true statement. (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is a true statement. (h) The proposed subdivision meets all ofthe design standards specified in Section 9.114. Section 9.114 refers to the subdivision regulations set forth in the City's Zoning Code. The proposed subdivision meets all of the design standards specified in this section. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order 1'01' the City to grant a conditional use pennit. 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. A twin home use is specifically mentioned as a Conditional Use in the R-2A, One and Two Family Residential District. PLANNING & ZONING COMMISSION MINUTES PAGE 4 MARCH 6, 2007 (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area towards Medium Density Residential. Both the current use as a duplex and the proposed use of this land as a twin home are consistent with the intent of the Comprehensive Plan. ( c) The use will not impose hazards or disturbing influences on neighboring properties. The use of the building will change fi-om a rental dwelling to owner-occupied. This should not impose hazards or disturbing influences within a residential area. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of the property in the immediate vicinity would not be diminished with this proposal. The building is an existing structure on the property. (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. The character of the surrounding area is for one and two family households. The twin home proposal would be consistent with the character of the surrounding area. (1) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 4920 Tyler Street 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 oftraffic. Traffic congestion will not be a problem with a two/amily residential use within a residential district. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the illlinediate vicinity. The use will not cause a negative cumulative effect in the area. The proposal would be reducing the number of rental units in the neighborhood. (i) The use complies with all other applicable regulations for the district in which it is located. The use requires a lot area variance as appliedfor. FINDINGS OI? FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City to grant a variance. They are as follows: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The overall size of the property meets the minimum standards to allow a twin home use. The conditions for a zer%ot lot line setback require that the parcel be equally split when establishing a twin home. The hardship in this case is that the dwelling is in an existing location on the property that would disallow the parcel to be split evenly. PLANNING & ZONING COMMISSION MINUTES PAGE 5 MARCI-I 6, 2007 (b) The conditions upon which the vmiance are based are unique to the specific parcel of land involved and are gcnerally not applicable to other properties within the same zoning classification. There are very few duplex dwellings located on parcels greater than 12,000 square jeet in area in the City of Columbia Heights. Of those that are, there are fewer that would be able to be converted to twin homes because of the inside c0l1figuration of the dwelling units. (c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The applicant built the dwelling unit with the pUl]JOSe of creating a duplex and renting out each side of the building. At this time, the applicant would like to be able to sell both sides of the building to an owner-occupied tenant. (d) The granting of the vmiance is in harmony with the general purpose and intent of this Comprehensive Plan. The Comprehensive Plan guides this area towards Medium Density Residential. A twin home use is consistent with the intent of the Comprehensive Plan. (e) The granting of the variance will not be materially detrimental to the public wclfare 01' materially injurious to thc enjoyment, use, developmcnt or valuc of property or improvements in the vicinity. The granting of the variance would not change the physical make-up of the property in the least. The existing building will remain in its current location, with no additions proposed. The requirement of the variance is necessmy to change the use of the building ji'om rental units to owner-occupied units. Staff recommends approval of the Lot Split, the CUP, and the Vmiance with the conditions noted in the motions. Questions bv mcmbers: Szurek questioned how they would know the firewall separation is in place. Smgent explained that it is a condition of approval and that the building official has already informed thcm that they will need to add sheetrock to each party wall to make them a two hour separation to meet the requirement. Fiorendino understands the intent is to sell the units and hopefully, have them owner occupied. However, he pointed out there is nothing in our code that would prevent them from being rental property. He asked if the current owner is the person who converted it from single family to a double bungalow and whether he created his own hardship so that a variance was now needed. Sargent explained that since it was not a whole new structure and that the old single family home was added on to to create a double that this was not a planned misuse of land. Had the owner planned to build a twin home from the beginning or had he torn the old house down and built an entirely new structure, then he would have had to place it in the center of the lot, so there wouldn't have been a hardship. PLANNING & ZONING COMMISSION MINUTES PAGE 6 MARCI-I 6, 2007 Sargent was asked what would stop any owner from building a double/duplex then splitting it into two parcels. Members were concerned about setting precedence with owners of other doubles throughout the city. Sargent said they would need to have a minimum of 12,000 sq. ft. in order to consider doing this, and there are very few lots in the city that would meet all the requirements and setbacks. Szurek asked if the property had ever been used as a double bungalow and was told it has not been rented since changing the use to a double bungalow. Schmitt questioned whether two single car garages met our code requirements. She thought single family homes must have double garages, so wondered if another variance might be needed for this discrepancy. The Public Hearing was opened: Marv Sowada of 4990 Johnson Street and who owns a double bungalow near this property voiced his opinion that he didn't think a variance should be granted as the owner created his own hardship. He thinks the building could have been constructed differently and placed in the middle of the lot. I-Ie also thirties it is misleading to be advertising this for sale as a twin home when it hasn't even been approved yet. Bruce Whitney one of the owners of the property explained that when he pulled the permit, he was told he couldn't build a twin home, but he could construct a double bungalow and did so. This project started just prior to the moratorium prohibiting doubles and twin homes from being constructed until the zoning and criteria could be established that would limit additional rental properties from being built on small lots. It was in the process of construction when the new zoning requirements were established. Therefore, since the time the project started, the council has set the criteria whereby a twin home may now be possible and may limit additional rental property. Sargent thought this now makes this property a Legal non-conforming structure. Sargent went on to remind members that the property is not being re-zoned. It is in a R-2A district with other doubles in the surrounding neighborhood. It was built as a double bungalow and whether it is rented or not, does not change that it will be used for two families. It will not look any different than it does now. Fiorendino clarified that a double/duplex can be built ofT center, but a twin home couldn't since it needs to be split equally and meet minimum square feet and setback requirements. Peterson again asked whether a double bungalow or twin home would need a double garage for each unit. Sargent said that he would need to go back and look at the original building permit application and any notes about the approval, and then speak to the City Attorney for an interpretation as to whether another variance may be needed. He will do this research prior to the next council meeting and if the present requests need to be withdrawn or if additional variances need to be applied for, he will contact the applicant. But for now, the Commission should make their recommendation based on the information at hand assuming there are no further issues. PLANNING & ZONING COMMISSION MINUTES PAGE 7 MARCH 6, 2007 The Public Hearing was closed. Motioll by Scmitt, secollded by Fiorelldillo, that the Planning Commission recommends the City Council approve the minor subdivision of the property located at 4920 Tyler Street for the purpose of creating parcels for a twin home, subject to certain conditions of approval that have been found to be necessmy to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All applications materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedicationjee in the amount of$3, 132.00, due at the time of final approval by the City Council, and prior to any permits issuedfor the property. All ayes. MOTION PASSED. RESOLUTION NO. 2007-XX RESOLUTION APl'ROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR BRUCE WHITNEY WHEREAS, a proposal (Case No. 2007-0201) has been submitted by Bruce Whitney to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 4920 Tyler Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehcnsive Plan, as well as auy concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on March 6, 2007. 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 COlllmission: I. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be creatcd by the proposed subdivision conform to lot arca and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this articlc. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specificd in the 99.114. PLANNING & ZONING COMMISSION MINUTES PAGE 8 MARCH 6, 2007 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall beeome part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall beeome part of the pennit. 2. The applicant shall pay a park dedieation fee in the amount of $3,132.00, clue at the time of final approval by the City Council, and prior to any permits issued for the property. Motion by Schmitt, seconded by Firoendino, that the Planning Commission recommends the City Council approve the Conditional Use Permit for Twin Home use, 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. All application materials, maps, drawings and descriptive i11formation submitted with this application shall become part of the permit. 2. The shared party wall shall have not less than a one-hourjire resistive rating with exposure fi'om both sides. 3. A shared parkrng/drivnvay easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. 4. That the applicant is responsible for recording all agreements, easements and deed restrictions against all properties abutting the zero lot line. All ayes. MOTION PASSED. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BRUCE WHITNEY WITI-IIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0201) has been submitted by Bruee Whitney to the City Couneil requesting a conditional use permit from the City of Columbia Heigbts at the following site: ADDRESS: 4920 Tyler Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (F)(3)(b). WHEREAS, the Planning Commission has helcl a public hearing as required by the city Zoning Code on March 6, 2006; WHEREAS, the City Council has considered the aclvice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community ancl its Comprehensive Plan, as well as any concerns relatcd to compatibility of uses, traffie, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; ancl PLANNING & ZONING COMMISSION MINUTES PAGE 9 MARCH 6, 2007 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: 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. 2. The use is in harmony with the general purpose and intcnt of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 5. 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 01' intended character ofthe surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities mld services. 7. Adequate measures have been 01' 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 cffect, 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 bcen completed within one (1) calendar veal' after the approval date, subject to petition for rencwal of the permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part ofthe permit. 2. The shared pmiy wall shall have not less than a one-hour fire resistive rating with exposure from both sides. 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. 4. The applicant is responsible for recording all agreements, casements, and deed restrictins against all properties abutting the zero lot line. Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Council approve the 1,199.5 square foot area variance for the southern parcel located at 4920 Tyler Street for the purpose of creating a twin home. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGE 10 MARCH 6, 2007 RESOLUTION NO. 2007-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR BRUCE WHITNEY WHEREAS, a proposal (Case # 2007-0201) has been submitted by Brucc Whitney to thc City Council requesting a variance from the City of Columbia Heights Zoning Code at the following sitc: ADDRESS: 4920 Tyler Strcct LEGAL DESCRIPTION: On file at City Hall TI-IE APPLICANT SEEKS TI IE FOLLOWING RELIEF: AI, I 99.5 square foot area variance for the creation ofa new lot per Code Section 9.109 (D)(4).. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on March 6, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and wclfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, me IT RESOLVED by the City Council of tile City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: I. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and thc applicant agree that this variance shall become null and void if the project has not been completcd within one (I) calendar year after the approval date, subject to petition for renewal of the permit. These Resolutions will go to the City Council March 26, 2007. PLANNING & ZONING COMMISSION MINUTES PAGE II MARC I-I 6, 2007 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0301 Linder's Greenhouses, Inc. 4300 Central Avenne, Rainbow Parking Lot Conditional Use Pcrmit for Seasonal Sales INTRODUCTION Linder's Greenhouse 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 9.106 (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 for 90 days, from April15'h through July 15'h. The attached site plan illustrates thc configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio ffi1d cormect to each structure. The greenhouse structures will be the same as previous years with four, six - foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The two structures and patio will displace approximately 30 parking spaces and a drive aisle. This will be the Linder's 18'h year operating a temporary greenhouse at this location in Columbia Heights. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (10)(10) of the Zoning Ordinance requires that commercial uses provide I parking space for each 300 square feet of use. Therefore, the existing 144,900-square-foot commercial building is required to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the opposite side ofthe parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. PLANNING & ZONING COMMISSION MINUTES PAGE 12 MARCH 6, 2007 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. 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 GB, General Business District. 2. The use is in harmony with the general purpose and intent ofthe Comprehensive Plan. 711e Comprehensive Plan guides the subject property for commercial use. Seasonal agricultural sales are allowed as conditional uses in all residential districts. 3. The use will not impose hazards or disturbing influences on neighboring properties. The closest residential property to the south is over 300feet ji-om the proposed temporary use. In addition, the amount of space dedicated for the greenhouse sales is relatively small at approximately 1,000 square feet. Therefore, the proposed temporary use 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 manner that is compatible with the appearance of the existing or intended character of the surrounding area. Linder's has been in operation for 17 years at this location, with the City experiencing no complaints. 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 of traffic. 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 are zonedfor residential and cOlnmercial uses. 9. The use complies with all other applicable regulations for the district in which it is located. As determined by stqff, the use complies with the applicable regulations of the GB, General Business District. PLANNING & ZONING COMMISSION MINUTES PAGE 13 MARCH 6, 2007 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: Fiorendino asked if the deposit was ever needed or used to do clean up of the site. Sargent stated that it had never been used to his knowledge. Public Hearing was opened. No one was present to speak on this matter. Public Hearing was closed. Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends the City Council approve the Conditional Use Permit for seasonal agricultural sales at 4300 Central Avenue NE Fom April 15 through July 15, 2007, 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 as indicated on the site plan. 2. The $500 deposit shall be submitted to the Community Development Department 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. 3. The proposedfence must be 20 feet ji'om the retaining wallfor sq{ety vehicular access. All ayes. MOTION PASSED. The following Resolution will go to the City Council March 26, 2007. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0301) has been submitted by Linder's Greenhouses, Inc. to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit pel' Code Section 9.110 (E)(3)(g), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2007; 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, ail', danger of fire, and risk to public safety in the surrounding areas; and PLANNING & ZONING COMMISSION MINUTES PAGE 14 MARCI-I 6, 2007 NOW, THEREFORE, BE IT RESOLVED by thc City Council of the City of Columbia Heights after rcviewing the proposal, that the City Council acccpts and adopts thc following findings of the Planning Commission: 1. The use is one of thc conditional uses listed for the zoning district in which the property is located, or is a substantially similar usc as determined by the Zoning Administrator. 2. The use is in harmony with the gencral 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 thc use of property in the immediate vicinity. 5. The use will be designed, constructed, opcrated and maintained in a manner that is compatible with the appearance of the existing or intcnded character of the surrounding area. 6. The use and propcrty upon which thc use is located are adequately served by essential public facilities and services. 7. Adequate measures have becn or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation oftraffic. 8. The use will not cause a ncgativc cumulative effect, when considcred in conjunction with the cumulative cffect of other uses in the immcdiate 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 ifthe project has not been complcted within one (1) calendar veal' after the approval date, subject to petition for renewal ofthe permit. CONDITIONS ATTACHED: 1. The outdoor storage shall be located as indicated on thc site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refundcd after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fcnce must be 20 feet from the retaining wall for safety vehicular access. CASE NUMBER: APPLICANT: REQUEST: 2007-0302 City of Columbia Heights Zoning Amendment to the Zoning Code as it I'c1ates to Seasonal Outdoor Sales BACKGROUND Since Seasonal Outdoor Sales applications that are received by the City are proposed by compffi1ies that have been conducting the same business in the same location for a considerable amount of time, staff is proposing ffi1 amendment to the Zoning Code eliminating the requirement for a Conditional Use Permit (CUP) for all future Seasonal Outdoor Sales activities. All future Seasonal Outdoor Sales activities would be a permitted use in the district which they are currently allowed, and would require a peddler's license through the City, When applying for the peddler's license, the applicant would still be subject to review from the Planning, Building ffi1d Fire Departments for compliance to the City Code. PLANNING & ZONING COMMISSION MINUTES PAGE 15 MARCH 6, 2007 COMPREHENSIVE PLAN The proposed zoning amendment would not affect the Comprchensive Plan, as no new zoning districts would be created. FINDINGS OF FACT The City Council shallmakc the following 4 findings before granting approval of a requcst to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The amendment is consistent with the Comprehensive Plan because no new zoning districts will be created with the proposed zoning amendment. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow for a better use of time for the Planning Commission and City Council. All future Seasonal Sale operators would be affected. Therefore the proposed zoning amendment would not be solelyfor the benefit ofa single property owner. c) Where the amcndment 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 ofthe property in question are compatible with the proposed zoning classification. lIJe zoning amendment does not change the zoning classification of a particular property. d) Where the amendmcnt is to change the zoning classification of a particular property, therc 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 zoning amendment does not change the zoning classification of a particular property. City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendmcnt as outlincd in the attached draft ordinance. This ordinance amendment would allow for seasonal outdoor sales to be a permitted use in the districts in which they are currently allowed. The requirement for a Conditional Use Permit for such activity would be abolished. Questions bv members: Fiorendino wanted to make sure the requirements aren't changing in any way, just the process of approval. Sargent confirmed that it would still go through the same departmental checks and that the businesses will pay a license fee each year rather than going through the conditional use permit process. Public Hearing was ooened. No one was present to speak on this. Public Hearing was closed. PLANNING & ZONING COMMISSION MINUTES PAGE 16 MARCH 6, 2007 Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends the City Council approve the text amendments as outlined in the attached drafl ordinance. All ayes. MOTION PASSED. ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELA TlNG TO THE GI3, GENERAL BUSINESS AND CBD, CENTRAL BUSINESS DISTRICTS IN TI-IE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 DEFINITIONS. For the pW]Jose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. . OUTDOOR SALES AND/OR DISPLAY, SEASONAL. The sellillg or di,playillg of retail merchalldise outside the prillcipal structure, alld 011 the same lot as the prillcipal structure. Such sales mul/oJ' di'play may be located ill 11 tempoI'm}' structure such as a kiosk, greellhouse 01' tempoI'm}' tellt. EXl1mples of merchalldise to be sold illclude agricultural products,fireworks, Christmas trees, alld the like. Chapter 9, Article 1, Section 9.110 of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business. (2) Permitted Uses. Except as spccifically limited herein, the following uses arc permitted within the GB, General Business District: (a) Community Center. (b) Government office. (c) Government protective service facility. (d) Public parle and/or playground. (e) Recreational facility, indoor. (f) Recreational facility, outdoor. (g) School, vocational or business. (h) School, performing/visual/martial arts. (1) Auditorium/place of assembly. (j) Automobile convenience facility. (Ie) Automobile repair, minor. PLANNING & ZONING COMMISSION MINUTES PAGE 17 MARCH 6, 2007 (I) Banqnet Hall. (m) Billiards Hall. (n) Bowling Alley. (0) Car wash. (1') Clinic, medical or dental. (q) Clinic, veterinary. (r) Daycare facility, adnlt or child. (s) Financial institntion. (t) Food service, convenience (fast food). (n) Food service, limited (coffee shop/deli). (v) Food service, fnll service (restanrant/nightclnb). (w) Funeral home. (x) Grecnhouse/garden center. (y) Health or fitness club. (z) Hotel/motel. (aa)Laboratory, medical. (bb) Liquor store, off-sale. (cc)Museum or gallery. (dd) Officc. (ee)Rctail sales. (ff) Service, professional. (gg) Shopping Center. (hh) . Studio, professional. (ii) Studio, radio and television. (jj) Theater, live performance. (kk) Theater, movie. (II) Outdoors sales and/or display, seasonal. ~ 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditionalnses in S 9.104, Administration and Enforcement, and the regnlations for specific uses set forth in S 9.107, Spccific Development Standards: (a) Government maintenance facility. (b) Arcade. (c) Automobile saleshental, new and used. (d) Rccreational vehicle sales, new or used. (e) Firearms dealer/Shooting range. (f) Hospital. fg1--GtMeor sales 01' di~ (h) Outdoor storage. (i) Parking Ramp. (j) Assembly, mannfacturing and/or processing. (k) Printing and/or pnblishing. (I) Consignment/Secondhand store. (m) Clnb or lodge. (n) Currency exchange. (0) Pawnshop. (1') Drop-in facility. PLANNING & ZONING COMMISSION MINUTES PAGE 18 MARH 6, 2007 (I') CBD, Central Business District. (2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District. (a) Multiple-family residential, when located above a first floor commercial use. (b) Community center. (c) Government office. (d) Government protective services facility. (e) Public parks and/or playgrounds. (f) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) School, vocational or business. (i) School, performing/visual/martial arts. U) Auditorium/place of assembly. (k) Banguet hall. (I) Billiards hall. (m) Bowling alley. (n) Clinic, medical or dentist. (0) Clinic, veterinary. (I') Licensed day care facility, adult or child. (g) Financial institution. (I') Food service, convenience (fast food). (s) Food service, limited (coffee shop/deli). (t) Food service, full service (restaurant/nightclub). (u) Health or fitness center. (v) Hotel or motel. (w) LaboratOlY, medical. (x) Liguor store, off-sale. (y) Museum or gallery. (z) Office. (aa) Retail sales. (bb) Service, professional. (cc) Studio, professional. (dd) Studio, radio or television. (ee) Theater, live performance. (ft) Theater, movie. (gg) Outdoor sales and/or display, seasonal. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in ~ 9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~ 9.107, Specific Development Standards. (a) Government maintenance facility. (b) Arcade. (c) Automobile repair, minor. (d) Gmfleor sales and/or display. (e) Outdoor storage. (f) Parking ramp. (g) Club or lodge. Section 2: This ordinance shall be infullforce and efJectfi'om and after 30 days ajler its passage. PLANNING & ZONING COMMISSION MINUTES PAGE 19 MARCIl 6, 2007 NEW BUSINESS None OTHER BUSINESS None The meeting was adjourned at 8: 15 pm. All Ayes. Respectfully submitted, ~ ~ct\4JW(1Y\ Shelley Hanson Secretary.