HomeMy WebLinkAboutMay 1, 2007
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
MAY 1, 2007
7:00 PM
The meeting was called to order at 7: I 0 pm by Chairperson, Marlaine Szurek.
RollCall:
Commission Members present- Thompson, Fiorendino, Schmitt, Szurek, and Peterson
(who arrived at 7:20 pm.)
Also present were Jeff Sargent (City Planner), Gary Peterson ( Council Liaison), and Shelley Hanson
(Secretary).
Motion by Fiorendino. seconded by Schmitt, to approve the minutesfi'mn the meeting of April 3, 2007.
All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2007-0502
Swenson's Greenhouse
3927 Central Avenue NE
Conditional Use Permit for Seasonal Sales
INTRODUCTION
James Swenson 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 clays.
The attached site plan illustrates the 32'x 60' tent location, which will be located along Central Ave. in
front of the Salvation Army store. The principal uses of the subject parcel are pre-existing and legally
nonconforming, and comply with zoning regulations. The greenhouse will displace approximately 12
parking spaces.
This will be Swenson's second 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 OR])INANCE
The property is zoned CBD, Central Business District, in which retail sales are permitted. The
Swenson's proposal will impact approximately 12 parking spaces. Overall, the proposed tent will have
relatively little impact on the site, as there is currently an abundance of parking spaces and drive aisle
access will not be impacted. Please note that the Fire Department has reviewed the proposal and has no
concerns regarding it.
PLANNING & ZONING COMMISSION MINUTES
PAGE 2
MAY 1,2007
FINDINGS OF FACT
Section 9.104 (H) ofthe 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, 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 jilr commercial use. Retail sales, such as
greenhouses, is a permitted use in the commercial areas.
3. The use will not impose hazards or disturbing influences on neighboring properties.
The outdoor tent and related business proposed will be placed in 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 o/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.
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.
Adequate public roadways and necessary utilities currently serve the property.
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 trq[fic.
8. The use will not cause 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 zonedjilr commercial uses.
9. The use complies with all other applicable regulations for the district in which it is located.
As determined by stq[f, the use complies 'with the applicable regulations of the CBD, Central
Business District.
PLANNING & ZONING COMMISSION MINUTES
PAGE 3
MAY I, 2007
StaiY recommends that the Planning Commission recommend the City Council approve the Conditional
Use Permit for seasonal agricultural sales subject to conditions of approval outlined in the motion.
Questions from members:
Szurek asked what could be done if the tent structure is an eyesore like last year. Sargent explained that
staff added some conditions ll'om last year, and more could be added to ensure the appearance is more
acceptable. lIe said that he informed the applicant of the concerns with the structure's appearance and
the way it was anchored last year. Sargent suggested that the applicant be given a chance to operate his
seasonal greenhouse since last year was his first attempt and he has received input on what he needs to
do to make it better. Staff will let him know that he must adhere to the rules or he may not be allowed
3rd .
a yem.
Szurek asked if the City could request it be removed if there are any problems. Sargent stated that the
City Council could vote to revoke the Conditional Use Permit.
Szurek then asked how we would know if the membrane used has a Dame spread certification. Sargent
stated this is iniormation he must obtain to satisfy the Fire Dept. prior to setting up the structure.
Schmitt asked what time frame he would be operating in since the applicant didn't specify dates in his
request. Sargent stated that once approved by the City Council, he would be able to operate [or 90 days
ii'om the date of deposit.
Public Hearing was opened.
There was no one present to speak on this issue.
Public Hearing: was closed.
Motion by Thompson, seconded by Schmitt, that the Planning Commission recommends the City Council
approve the Conditional Use Permitfor seasonal agricultural sales at 3927 Central Avenue NE, subject
to certain conditions ()[ approval that have been found to be necesswy to protect the public interest and
ensure compliance with the provisions o/the Zoning and Development Ordinance, including:
1. The Fire Dept. 'will require a structure plan indicating the location of the exits and .fire
extinguisher placements,
2. The Fire Dept, will require a,flame '\l)read certification for the membrane structure,
3. A $500 deposit shall be submitted to the Community Development Department prior to
installation ()[ the structures on the site. l'l1e deposit shall be rejill1ded afier the Conditional Use
Permit expires and the site has been cleaned up.
4, All signage must be done pr(}[essionally. Signage may not be painted directly onto the
membrane of the structure,
5. The membrane (}[the structure must be kept tied down and in good repair,
ALLAYES. MOTION PASSED.
The attached resolution will go to the City Council at the May 14th meeting.
PLANNING & ZONING COMMISSION MINUTES
PAGE 4
MAY 1,2007
DRAFT RESOLUTION NO. 2007-XX
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
JAMES SWENSON
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2007-0502) has been submitted by James Swenson to the City Council
requesting a conditional use permit from the City of Columbia Heights at thc following site:
ADDRESS: 3927 Central Avenue.
LEGAL DESCRIPTION: On tile at City Ilall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code
Section 9. I IO (E)(3)(g), to allow outdoor sales or display.
WHEREAS, the Planning Commission has held a public hearing as rcquired by the city Zoning Code on May I,
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, air, danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing
the proposal, that the City Council accepts and adopts the following tlndings ofthe Planning Commission:
I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a
substantially similar use as determined by the Zoning Administrator.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the
appearance of the existing or intended character of the surrounding area.
6. The use & property upon which the use is located are adequately served by essential public facilities &
services.
7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to
provide for appropriate on-site circulation of traffic.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative
effect of other uses in the immediate vicinity.
9. The use complics 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 (1) calendar veal' after the approval date, subject to
petition for renewal of the permit.
CONDITIONS ATTACHED:
I. The Fire Department will require a structure plan indicating the location of the exits and tire 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 refunded after the Conditional Use Permit expires and the site
has been cleaned up.
4. All signage must be done professionally. Signage may not be painted directly onto the membrane of the
structure.
5. The membrane ofthe structure must be kept tied down and in good repair.
PLANNING & ZONING COMMISSION MINUTES
PAGE 5
MAY I, 2007
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2007-0503
Oertel Arehitects/ City of Columbia Heights
4950 Central Avenue
Site Plan Approval
INTRODUCTION
At this time, Oertel Architects is requesting a Site Plan approval to assist the City of Columbia Heights
in the construction of a new municipal liquor store, located at 4950 Central Avenue. The City of
Columbia Heights owns and operates three municipal liquor stores in the city and is currently in the
process of replacing two stores with brand new facilities. Through the redevelopment process, the
proposed store at 4950 Central Avenue will replace the existing La Caherna Restaurant, Central Barher
Shop, and the Exotic Pet Store with a new liquor store building. The existing Top Valu Liquor store
located in the Rainbow Foodv Shopping Center will be vacated.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the
Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment of
targeted areas within the community, by enhancing the image and viability of the Central Avenue
corridor, while protecting and enhancing adjacent residential uses. The proposed project is consistent
with the Comprehensive Plan, as it will redevelop commercial entities into an economically viable and
aesthetically pleasing project.
ZONING ORDINANCE
The property is located in the GB. General Business District, as are the properties to the north, south and
east. The properties to the west arc zoned R-2B, One and Two Family Residential. The parcel is also
located within the Highway District, pertaining to the Design Guidelines and will be subject the
regulations for such properties.
PARKING. The parking requirements for the building are based on different types of uses. The City
Code requires a certain number of parking stalls for office, retail and storage areas. The proposed
building will incorporate a basement level, where deliveries will be made, and storage and office space
will be located as well.
The City Code requires one parking stall for each 300 square feet of office and retail use. This is based
on the gross floor area, defined as 90% of the total area. The proposed liquor store will incorporate
approximately 10,900 square feet of office and retail space. This would require 36 parking stalls for the
oftiee and retail components.
The City Code requires one parking stall for each 3,000 square feet of warehousing (storage). The
proposed building will have approximately 2,891 square feet of storage, requiring one parking stall.
In total, the proposed liquor store is required to provide 37 ofT-street parking stalls. The plans indicate
that there will be 46 parking stalls on site. This meets the minimum requirements of the Code.
PLANNING & ZONING COMMISSION MINUTES
PAGE 6
MAY 1,2007
LANDSCAPING. The City Code requires one tree for each 50 feet of street frontage for the project.
The proposed liquor store will be located on the corner of 50th Street and Central A venue, with a
combined total of approximately 426 feet of street frontage. This requires a minimum of nine trees
planted on the site.
The City Code also requires a minimum of four trees to be planted for everyone acre of lot are covered
by buildings, parking lots, loading areas, etc. The project site is approximately 1.04 acres in size,
requiring four additional trees.
The total number of trees required for this development is 13. The propos cd plans indicate that 16 trees
will bc planted on site, excceding the minimum requirement.
UTILITIES/STORM WATER MANAGEMENT. The proposed utilities servicing the liquor store have
been reviewed by the City Engineer and approved as adcquate.
In lieu of additional on-site storm water management, the applicants have opted to pay a storm water
management fee to the City per City Code, in the amount of $33,750. This would enable the applicant
to by-pass any requirement for additional on-site storm water treatment, and will be paid at the time of
building permit application.
LIGHTING. The City Code requires photometric readings of no greater than 0.5 footcandles (a measure
of light intensity) as measured to the closest residentially zoned property, and no greater than 3.0
footcandles as measured at the closest street curb line. The proposed plans indicate a maximum
footcandle reading 01'0.2 adjacent to the residentially zoned property and a maximum reading 01'2.9, as
measured at the street curb line. Both of these readings exceed the minimum code requirements.
DESIGN GUrnELINES
The proposed liquor store located at 4950 Central Avenue is located within the Design Guideline
Overlay District, and is governed by the Highway District standards within the Design Guidelines. The
intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of
minimum standards for new construction along Central Avenue and 40th Avenue. The minimum
standards were created by a task force of City Officials, business owners and residents, and adopted into
the City Code by the City Council.
BUILDING PLACEMENT AND ORIENTATION. The Design Guidelines for the Highway District
require that the building should have a well-defined front fayade that faces the street. Buildings may be
set back a maximum of 85 feet from the property line in order to allow for two rows of parking and
drive aisles, plus landscaped frontage.
The proposed building has its dominant fayade facing Central Avenue and is located 56.25 feet from the
front property line. The site plan incorporates one row of parking, a drive aisle lane and landscaped
frontage in between the building and Central A venue. The building placement and orientation on the
property meet the minimum standards of the Design Guidelines.
BUILDING HEIGHT. The Design Guidelines require a minimum cornice height of22 feet from grade,
in order to convey the appearance of a multi-story building. The proposed liquor store will be 22 feet in
height as measured from ground grade.
PLANNING & ZONING COMMISSION MINUTES
PAGE 7
MAY I, 2007
BUILDING MATERIALS. The Design Guidelines include a specified list of acceptable building
materials for construction. The proposed liquor store will be comprised of rockface block and brick
with varying colors and textures for accent purposes. These are acceptable building materials for new
construction along Central A venue.
WINDOWS. The Design Guidelines require at least 20 percent of the building's ground noor fayade to
consist of window or door openings, and at least 15 percent of any two side or rear facades to consist of
window or door openings. The proposed liquor store incorporates approximately 50.5% of windows on
the ground floor fi'ont fayade, and approximately 25.5% windows for the combined north and west
facades. The amount of window coverage for the building meets the Design Guidelines minimum
standards.
PARKING LOCATION. The Design Guidelines state that in the lIighway District, no more than 50%
of the required parking may be located between the front fayade of the building and the primary abutting
street (Central Avenue). The site incorporates 46 parking stalls, 18 of which are located between the
front fayade of the building and Central Avenue. This amounts to 39% of the parking stalls, which
meets the minimum requirements of the Design Guidelines.
SIGNAGE. At this time, the applicant has not submitted plans for signage to be used on the building.
The Design Guidelines prohibit internally lit box signs and also require a monument style sign if a
fi'eestanding sign is used. When the applicant submits the final signage plan, it will be reviewed by the
Planning Commission through the site plan approval process.
FINDINGS OF FACT
Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following
findings before approving a site plan:
I. 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. The proposed sign plan for the building will be
reviewed by the Planning Commission at a later date.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
The proposed project is consistent with the Comprehensive Plan, as it will redevelop commercial
entities into an economically viable and aesthetically pleasing project.
3. The site plan is consistent with any applicable area plan.
There is no applicable area plan for this area.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
The proposed building meets all the minimum setback requirements and all Design Guideline
requirements. For this reason, the property in the immediate vicinity should not be adversely
impacted.
Staflrecommends approval of the site plan for the 4950 Central Avenue development.
PLANNING & ZONING COMMISSION MINUTES
PAGE 8
MAY 1,2007
Ouestions fi'om members:
Szurek asked if the architects had met with the applicant (City Council) to review this plan and get their
approval prior to this meeting. She also wondered who is representing the applicants since the City
Council, the City Manager and the Architect were not present. She wanted to be sure the City Council
was satisfied with this plan prior to the Planning & Zoning Commission approving something they may
not have seen since the Commission is responsible for the final approval of the site plan, and it docs not
require City Council approval.
Mayor Peterson said the Council saw some preliminary plans as to what would be included on the site.
He stated that the council body has not met with the architect to review this specific plan, but they have
met to go over a general design of the building. He said the site plan approval is a Planning & Zoning
issue and is directed by the Design Guidelines.
Sargent explained that the only thing the commission is approving at this time is the placement of the
building, signage, landscaping and parking for the site. There isn't much flexibility for the placement of
the building due to the topography and elevations of the site. What has been submitted meets, or
exceeds, the requirements of the Comprehensive Plan, the Zoning Ordinance, and the Design
Guidelines.
Schmitt stated that one of the requirements of the Comprehensive Plan is to make things more pedestrian
friendly. She thought the sidewalk should be wrapped around the corner to run along 50"1 Avenue on
the north side of the site. This intersection already has a lot of pedestrian traffic as it is used by students,
getting to and from the schools in the area.
Sargent explained there is a good chance that a right turn lane will be added to 50th Avenue for traffic
turning south, and if this happens, there will not be room in the right of way for a sidewalk. There was a
discussion whether a sidewalk could be added ifit went on the City Liquor Store property, if some of the
parking spaces and a couple of trees were eliminated fi'om the submitted plan, as the numbers exceeded
the requirements of our code. Sargent stated that the applicant wants as many parking spaces as possible
because they are needed on weekends and holidays. He also didn't think the commission could force an
applicant to install a public sidewalk on private property. Even though the City owns the property now,
doesn't mean they always will, and it raises legal concerns regarding who would be responsible for any
liability issues that may arise.
Several of the commissioners thought the City should be more concerned with pedestrian safety and
should set a precedence. Since the lack of sidewalk space goes against our Comprehensive Plan they
felt it was reason enough to deny the request and the applicant would need to submit a new plan making
the site more pedestrian friendly. After some discussion, it was decided to add a condition to provide a 5
ft. casement for a possible future sidewalk. Sargent said he didn't know if it is legal to add this type of
condition for approval, but will check with the City Attorney, and if it isn't, then it will be removed.
I'iorendino asked why the plans for signage were not included at this time. Sargent said the design has
not been decided on yet, but it would most likely be a monument sign at this location.
PLANNING & ZONING COMMISSION MINUTES
PAGE 9
MAY 1,2007
Public Hearing was Opened:
Walter Horishnyk of 5055 Madison St (and who also owns 5000 Jackson St-near the store location)
voiced his opinions on the location of the building. He fclt it was set back too far and would set
precedence for the rest of the block when it is re-developed. Hc thought it should be placcd closer to
Ccntral A venue similar to Discount Tire. Szurek explained the guidelines for this part of Central allow
for a setback of up to 85 feet to allow for parking in front, cspecially for retail businesscs. In the Ccntral
Avenue Downtown Business District, the buildings must be closcr to Central Avenue. She wcnt on to
explain that Discount Tirc was set closer to Central Ave because they did not want thc service bay doors
to be visible Il'om the front of the building, so they had to have a larger arca in the rear of the building
for accessing them. She said the placement of the Liquor Store building is within the 85 foot setback
and because of the topography and elevations, it is the bcst location of the building on this site. Even
though his comments had mcrit, the commission must approve or dcny the request based on the
guidelines that are in place at this time.
Mr. Horishnyk asked how long it would takc the City to re-coup the funds being expended on this
project. He questioned the financial wisdom of this venture and believes it contradicts the values and
social behavior we are trying to portray as a community. He felt the money would be better spent on
something that would cnhance our city's image and be a benefit to a larger number of people, such as a
community ccnter. Szurek told him that the commission didn't have any financial information on this
project. She told him they were valid concerns and that he should take his questions to the City Council
for more information.
Public Hearing was Closed.
Motion by Schmitt, seconded by Peterson, to waive the reading of Resolution No. 2007-1'201, there
being ample copies available to the public. All ayes. MOTiON PASSED.
Motion by Schmitt, seconded by Peterson, to adopt Resolution No. 2007-1'201, being a resolution
approving a site plan, with the exception of the sign plan. for a municipal liquor store located at 4950
Central Avenue, subject to the following conditions:
1. The proposed signagefor the building and property shall comply with the City Sign Code and
Design Guidelines, and will be reviewed by the Planning Commission at a later date.
2. Provide ~ 5foot easementfor a possiblefii/ure sidewalk along the north side {!fthe property
along 50" avenue.
All ayes. MOTION PASSED.
RESOLUTION NO. 2007-PZOl
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A
MUNICIPAL LIQUOR STORE WITHIN THE CITY or COLUMBIA HEIGl-ITS, MINNESOTA
WHEREAS, a proposal (Case #2007-0503) has been submitted by Oertel Architects to the Planning and Zoning
Commission requesting a sitc plan approval li'om the City of Columbia Heights at the following site:
PLANNING & ZONING COMMISSION MINUTES
PAGE 10
MAY 1,2007
ADDRESS: 4950 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for a municipal
liquor store.
WHEREAS, the Planning Commission has hcld a public hearing as required by the city Zoning Code on May 1,
2007;
WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City
staff regarding the effcct of the proposed sitc plan upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any conccrns related to compatibility of uses, tramc, property values, light, ail',
danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia
Heights after rcviewing the proposal, that thc Planning and Zoning Commission acccpts and adopts thc following
findings:
I. The site plan conforms to all applicable requircments or this article, except signage.
2. The site plan is consistent with the applicable provisions orthe city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The sitc plan minimizes any adversc impacts on propcrty in the immediatc vicinity and the public right-
of-way.
FURTHER, BE IT RESOLVED, that thc attached conditions, maps, and other information shall
become part of this pCI'm it and approval; and in granting this permit the city and the applicant agree that this
permit shall bccome null and void if thc project has not been completed within one (1) calendar veal' after the
approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The proposed signage for the building and property shall comply with the City Sign Code and Design
Guidelines, and will be reviewed by the Planning Commission at a later date.
2. Provide a 5 foot easementfor a possiblefiilure sidewalk along the north side of the property along 50'h
Avenue.
Passed this I" day of May, 2007
Offered by:
Seconded by:
RollCall:
Ayes:
Nayes:
Marlaine Szurek
Attest:
Shelley Hanson, Secretary
Approval is contingent upon exccution and return of this documcnt to the City Planning Omce. I have read and
agree to the conditions orthis resolution as outlined above.
Jeff Ocrtel
Datc
PLANNING & ZONING COMMISSION MINUTES
PAGE II
MAY I, 2007
CASE NUMBER:
API>LICANT:
LOCATION:
REQUEST:
2007-0504
Ocrtel Architects/ City of Columbia Hcights
2105 - 3i" Avennc
Sitc Plan Approval
INTRODUCTION
At this time, Oertel Architects is requesting a Site Plan approval to assist the City of Columbia Heights
in the construction ofa new municipal liquor store, located at 2105 - 37'" Avenue. The City of
Columbia Heights owns and operates three municipal liquor stores in the city and is currently in the
process of replacing two stores with brand new facilities. The proposed store at 2105 37''' A venue will
be located on the southern parcel created through the redevelopment of the Apache Theatre site. The
existing liquor store located in the Unique Thrift Store 's shopping center will be vacated. The Design
Guidelines are not applicable for this site, but every attempt was made to follow them to keep the two
Liquor Store buildings consistent.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the
Comprehensive Plan is to provide opportunities and mechanisms for successful redevelopment or
targeted areas within the community, by enhancing the image and viability of the Central Avenue
corridor, while protecting and enhancing adjacent residential uses. The proposed project is consistent
with the Comprehensive Plan, as it wi1lrcdcvelop commcrcial entities into an economically viable and
aesthetically pleasing project.
ZONING ORDINANCE
The property is located in the GB. General Business District, as are the properties to the east. The
properties to the north are zoned R-3, Multiple family Residential and the properties to the south are
located in the City of Minneapolis.
PARKING. The parking requircments for the building are based on different types of uses. The City
Code requires one parking stall for each 300 square feet of office and retail use. This is based on the
gross floor defined as 90% of the total arca. The proposed liquor store will incorporate approximately
10,400 square feet of office and retail space. This requires 35 parking stalls for these components. The
plans indicate that there will be 43 parking stalls on site, exceeding the minimum requirements of the
Code.
LANDSCAPING. The City Code requircs one tree for each 50 feet of street frontage for the project.
The proposed liquor store will be located on the corner of 37''' Avenue and Hart Boulevard, with a
combined total of approximately 450 feet of street frontage. This requires a minimum of nine trees
planted on the site.
The City Code also requires a minimum of four trees to be planted for everyone acre of lot are covered
by buildings, parking lots, loading areas, etc. The project sitc is approximately 1.04 acres in size,
requiring four additional trees.
The total number of trees required for this development is 13. Thc proposed plans indicate that 13 trees
will be planted on site.
PLANNING & ZONING COMMISSION MINUTES
PAGE 12
MAY 1, 2007
UTILITIES/STORM WATER MANAGEMENT. The proposed utilities servicing the liquor storc have
been reviewed by the City Engineer and approved as adequate.
All storm water management issues for the site were addressed and approved with the recent platting of
this property. The site will share a storm water pond on the northwest corner of the property with
Comforts of Home, and will also be diverting its storm water to a new pond to be constructed across
Hart Boulevard. The City Engineer has approved these ponds as part of the platting process.
LIGHTING. The City Code requires photometric readings of no greater than 0.5 footcandles (a measure
of light intensity) as measured to the closest residentially zoned property, and no greater than 3.0
footeandles as measured at the closest street curb line. The proposed plans indicate a maximum
footeandle reading of 0.5 adjacent to the residentially zoned property and a maximum reading of 2.3 as
measured at the street curb line. Both of these readings meet the minimum code requirements.
BUILDING AND PARKING PLACEMENT. The building setbacks for the GB, General Business
District, are as follows:
Front: 15 ft.
Side: none
Corner Side: 15 ft.
Rear: 20 ft.
The proposed liquor store will maintain the following approximate building setbacks:
Front:
Side:
Corner Side:
Rear:
102.5 ft.
20.5 ft.
59 ft.
22.75 ft.
The parking setbacks for the GB, General Business District, are as follows:
Front: 15 ft.
Side: 5 fl.
Corner Side: 15 ft.
Rear: 5 ft.
The proposed liquor store will maintain the following approximate parking setbacks:
Front:
Side:
Corner Side:
Real':
15 ft.
20.5 ft.
15 ft.
42.75 ft.
BUILDING MATERIALS. The proposed liquor store will be comprised of roekfaee block and brick
with varying colors and textures for accent purposes. These are acceptable building materials for new
commercial construction.
PLANNING & ZONING COMMISSION MINUTES
PAGE 13
MAY 1,2007
SIGNAGE. At this time, the applicant has not submitted plans for signage to be used on the building.
When the applicant submits the final building permit application, city staff will ensure that the signage
will meet the minimum standards of the Sign Code. In this case, it does not have to come back to the
Planning & Zoning Commission.
FINDINGS OF FACT
Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following
findings before approving a site plan:
I. 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 ofthe city's comprehensive plan.
The proposed project is consistent with the Comprehensive Plan, as it will redevelop commercial
entities into an economically viable and aesthetically pleasing project.
3. The site plan is consistent with any applicable area plan.
There is no applicable area plan for this area.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
The proposed building meets all the minimum setback requirements. For this reason, the
property in the immediate vicinity should not be adversely impacted.
Staff recommends approval of the site plan for the 2105 3 ih Avenue development.
Ouestions bv members:
Sargent explained that approval of this request is contingent on Ordinance 1524 being fully adopted by
the City of Columbia Heights on May 23, 2007, which changes the minimum required length of parking
stall spaces. This plan incorporates those new changes.
Thompson asked why both site plans didn't use the same length for its parking spaces? Sargent said
they are two different plans with two different lots, and that one needed to use the new lengths and the
other did not.
Fiorendino was concerned that signage plans weren't included in the site plan request. He would prefer
a monument sign at this location rather than a pylon sign. Sargent explained that in this location, either
one would be tine. lie assured the commission that any signage would meet the sign code ordinance.
The members said that Comforts of [-Tome will be using a monument sign and they felt strongly that the
same type of signage should be used at this location as well. Mayor Peterson said it is the Council's
desire to have a nice sign and that most likely both stores will have the same designed sign.
PLANNING & ZONING COMMISSION MINUTES
PAGE 14
MAY 1,2007
Schmitt asked where the garbage and recycling area would be? It was not shown on either plan. Larry
Scott the Liquor Store Manager answered that it would be by the loading area and that it would be
screened to meet all code requirements.
It was noted that the sidewalk along this parcel is on private property, but was extended fj'om the
Comforts of Home Development as part of the entire plat approval.
Public Hearing was Opened:
No one was present to speak.
Public Hearing was closed:
Motion by Peterson, seconded by Schmitt, to waive the reading of Resoiution No. 2007-17202, there
being ample copies available to the public. All ayes. M0110N PASSED.
Motion by Peterson, seconded by Schmitt, to adopt Resolution No. 2007-17202, being a resolution
approving a site plan for a municipal liquor store located at 2105 - 37'h Avenue, subject to thefollowing
condition:
1. The proposed signaRe for the building and property shall comply to the City Sign Code.
2. Site Plan approval is contingent on Ordinance 1524 being.fidly adopted by the City of Columbia
Heights on May 23, 2007.
All ayes. MOTiON PASSED
RESOLUTION NO. 2007-PZ02
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE
PLAN FOR A MUNICIPAL LIQUOR STORE WITHIN THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2007-0504) has been submitted by Oertel Architects to the Planning and
Zoning Commission requesting a site plan approval fl'om the City of Columbia Heights at the following
site:
ADDRESS: 2105 - 37'11 Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT:
municipal liquor store.
Site Plan approval for a
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code
on May 1,2007;
PLANNING & ZONING COMMISSION MINUTES
PAGE 15
MAY 1,2007
WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of
the City Staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the
community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic,
property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and
NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of
Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and
adopts the following findings:
I. The site plan conforms to all applicable requirements of this article.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
3. The site plan is consistent with any applicable area plan.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right-of-way.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this pertuit 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.
CONDITIONS ATTACHED:
I. The proposed signage jilr the building and property shall comply to the City Sign Code and
Design Guidelines.
2. Site Plan approval is contingent on Ordinance 1524 beingfitlly adopted by the City of
Columbia Heights on May 23. 2007.
Passed this 1st day of May 2007,
Offered by:
Seconded by:
Roll Call:
Ayes:
Nays:
CHAIR Marlaine Szurek
Allest:
SECRETARY, Shelley Hanson
------------ ------------------------------------ ------------------
----------------------------------------- ---------------------------
Approval is contingent upon execution and return of this document to the City Planning Office.
I have read and agree to the conditions of this resolution as outlined above.
Jeff Oertel
Date
PLANNING & ZONING COMMISSION MINUTES
PAGE 16
MAY 1,2007
CASE NUMBER:
DATE:
APPLICANT:
REQUEST:
2007-0505
May 1, 2007
City of Columbia Heights
Zoning Amendment to the Zoning Code as it relates to Used Auto
Sales and Rentals
BACKGROUND
On November 13, 2006, the City Couneil adopted Ordinanee 1515, amending the City Code as it relates
to used automobile sales in the GB, General Business District. Subsequent to the adoption of the new
ordinance, City staff realized that certain language in the ordinance was inadvertently lell in the code,
making the new ordinance difficult to understand.
The purpose of Ordinance 1515 is to restrict used auto sales activity throughout the City of Columbia
Heights. The intent of Ordinance 1515 is to allow a used auto sales business as a stand-alone entity, as
long as the used autos and the business are fully contained within a building.
The purpose of the current proposed ordinance is to further clarify Ordinance 1515, making it easier to
understand. It should be noted that the intent of Ordinance 1515 would not be altered in any fashion.
COMPREHENSIVE I'LAN
The Comprehensive Plan will not be aflected with the proposed amendment because the Comprehensive
Plan supports all uses within the GB, General Business District.
FINDINGS OF FACT
The City Council shall make the following findings before granting approval of a request to amend the
City Code. These findings are as follows:
a) The amendment is consistent with the comprehensive plan.
The proposed amendment is consistent with the Comprehensive Plan because the
Comprehensive Plan supports commercial activity throughout the City in designated areas.
b) The amendment is in the public interest and is not solely for the benefit of a single property
owner.
The proposed amendment would clarifY an existing ordinance, making it easierfor the public
to intel7Jret and understand.
c) Where the amendment is to change the zoning classification of a particular property, the
existing use of the property and the zoning classification of property within the general area
of the property in question are compatible with the proposed zoning classification.
The proposed amendment does not change the zoning classification of a particular property.
d) Where the amendment is to change the zoning classification of a particular property, there
has been a change in the character or trend of development in the general area of the property
in question, which has taken place since such property was placed in its current zoning
classifieation,
The proposed amendment does not change the zoning classification ofa particular property.
PLANNING & ZONING COMMISSION MINUTES
PAGE 17
MAY I, 2007
City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed
zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would clarify
and existing ordinance, making the ordinance easier to interpret and understand.
Ouestions bv members:
Schmitt questioned whether a grassy area is considered a landscaping buffer in 7 (t). Sargent told her
yes, that it was, and that this particular section was not being changed.
Public Hearing Opened:
No one was present
Public Hearing Closed.
Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends that the City
Council approve the text amendments as outlined in the attached drqfi ordinance regarding Used
Automobile Sales/Rental.
All ayes. MOTION PASSED. The attached draft ordinance will go to the City Council May 141h.
ORDINANCE NO, XXXX
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING
TO USED AUTOMOBILE SALES/RENTAL
The City of Columbia Heights docs ordain:
Chapter 9, Article 1, Section 9.107 (C)(7) of the Columbia Heights City Code, is proposed to include the
following additions and deletions:
~ 9,107 SPECIFIC DEVELOPMENT STANDARDS,
(C) Specific Development Standards. The following uses are subject to specific development standards:
(7) Automobile Sales/Rental, Used.
a) The use shall be served by a major collector or higher classification or roadway.
b) An open-aired used eaf auto and truck sales or I'eutallot as a stand-alone business is
prohibited.
c) Used eat'S automobiles may be sold 01' reuted as a stand-alone business if the used
automobiles and associated business is are contained within a building.
d) Used eat'S automobiles may not be sold accessory to businesses other than new car
dealerships.
PLANNING & ZONING COMMISSION MINUTES
PAGE 18
MAY 1,2007
c) Outdoor vehicle display areas shall meet the setbuck req~lirements for a principal
structure in the zoning district in which the use is 10eate4
Be) Outdoor vehicle display areas within the public right-of-way are prohibited.
151f) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained
along all abutting public rights-of-way.
h) Outdoor vehicle display shall be within a desi-gflflted area that is hard surfaced.
i1g) GffiOOer vehicle display shall be in an orderly fashion, with access aisles provided as
needed. The outdool' storage of inoperable, junk vehicles and vehicles with expired
tabs is prohibited.
Bit) Music or amplified sounds shall not be audible 11'om adjacent residential properties.
Ie) Outdoor vehicle display shall not reduce the amO~l11t of off strcet parking provided on site
below the level required foF4fle-poocipal use.
Bi) An appropriate transition area between the use and adjacent property shall be provided
by landscaping, screening or other site improvements consistent with the character of
the neighborhood.
mjj) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public
shall be prohibited. If thc use includes dispensing of fuel for the automobiles
maintained on site, the use shall employ best management practices regarding the
venting of odors, gas, and fumes. Such vents shall be located a minimum of ten (10)
fect above grade and shall be directed away from residential uses. All storage tanks
shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors.
Section 2:
This ordinancc shall bc in full force and effect ii'om and after 30 days aftcr its passage.
NEW BUSINESS
None
OTHER BUSINESS
Sargent reported that the amendment to eliminate Seasonal Greenhouses ii'om needing a Conditional
Use Permit was tabled by the City Council. They directed staff to work on a new Ordinance that would
create an Interim Use Permit that would include all temporary sales tents the same (Fireworks,
Christmas Trees, Seasonal Greenhouses, etc). The Interim Use Permits would still come to the P & Z
Commission for review and approval, but they would not go to the City Council. Staff would still do a
review and see that standard requirements are met prior to the Commission holding their public hearing
on each request.
The meeting was adjourned at 9:05 pm. All Ayes.
Respectfully submitted,
~ hto~'} (It f\56dY\.. ^
Shelley Hanson ~
Secretary