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HomeMy WebLinkAboutAugust 8, 2007 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING AUGUST 8, 2007 7:00 PM The meeting was called to order at 7:00 pm by Vice Chair-Donna Schmitt. Commission Members present- Thompson, Fiorendino, Schmitt, & Peterson (arrived at 7:03 pm) Excused Absence- Marlaine Szurek Also present were Jeff Sargent (City Planner), Gary Peterson ( Council Liaison), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Fiorendino, to approve the minutes fi'om the meeting of May 1, 2007. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0801 Nalapak Restaurant 4920 Central Avenue NE Site Plan INTRODUCTION At this time, Mr. Vish Nadig is requesting a site plan approval for the construction of an outdoor patio located in front of his restaurant, located at 4920 Central Avenue. Currently, Nalapak (former Udupi Restaurant) does not accommodate outdoor seating, and Mr. Nadig would like to offer this alternative to his patrons. In addition to the outdoor seating, Mr. Nadig would also like the ability to serve alcohol to those patrons seating outdoors. Staff has informed the applicant that specific criteria would need to be met fi'om the Police Department in order to serve alcohol on the patio. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to promote reinvestment in propetties by the commercial and industrial areas. The proposed project is consistent with the Comprehensive Plan, as it is a reinvestment into an existing commercial building. The type of use of the building as a restaurant is also consistent with the designated Comprehensive Plan guidance. ZONING ORDINANCE The propelty is located in the General Business District (GB), as are the properties to the north, south and east. The propelties to the west are zoned R-2B, One and Two Family Residential. The parcel is also located within the Design Guidelines Highway District, 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 outdoor seating area will add 16 seats to the existing 120-seat capacity for the restaurant. The City Code requires the number of parking stalls equal to 30% of the seating capacity of the restaurant. With the proposed outdoor seating area, the restaurant will have 136 seats. This requires a minimum of 41 parking stalls. Currently, there are 44 parking stalls on site. The propelty is located along Central A venue, and will be subject to the Design Guidelines for the "Highway District". PLANNING & ZONING COMMISSION MINUTES PAGE 2 AUGUST 8, 2007 DESIGN GUIDELINES The proposed addition to Nalapak, located at 4920 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 A venue and 40th A venue. 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. The City Code states that the Design Guidelines are applicable to any exterior changes, including repainting, with the exception of replacement or repair of existing materials. A new concrete patio will be poured to accommodate the outdoor seating, as well as proper screening and landscaping. For this reason, the Planning Commission is required to review to proposed site plan. EXTERIOR DESIGN. The only change to the building will be the replacement of the existing concrete slab located in front of the building, to make it more aesthetically appealing. The outdoor seating will be placed on the patio and will be sun-ounded by a fence with landscaping to provide for some screening. At this time, there are no proposed physical changes to the building itself. 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 of the city's comprehensive plan. The proposed project is consistent with the Comprehensive Plan, as it will promote reinvestment in properties by the commercial and industrial sectors. 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. Staff recommends approval of the site plan for an outdoor eating area, however any proposals for serving alcohol outdoors would be subject to Police Dept. approval. PLANNING & ZONING COMMISSION MINUTES PAGE 3 AUGUST 8, 2007 Questions from Members: Thompson questioned if a building permit would be needed for the changes discussed. Sargent explained that a building permit would only be needed if the pillars are removed 01' if the fence will be over 6 feet in height. Permits are not needed for the concrete work or for fences under 6 feet in height. Fiorendino asked how far out the patio would extend. Sargent said the plan is to have the patio extend to where the blacktop and grass now meet each other. It will not encroach on the Highway right of way. Fiorendino then asked if 8 foot fences were allowed? Sargent responded that they are allowed in a commercial area, if that is what the Police Dept. will require. The Design Guidelines also allows for fencing for screening purposes. Peterson stated he is conce1'1led that this building sits closer to the road than most along Central Avenue and by adding the patio seating, it will appear even closer. He feels it creates a patchwork, uneven look to the area. Sargent explained that it does meet the minimum requirement in the Design Guidelines. Those guidelines allow for buildings to be placed between 0-85 feet from the front property line. He also acknowledged it is hard to line up all the buildings since we are mixing re-developed, new structures in with the older, existing structures. Peterson commented that he thought the patio seating would be a nice addition and that it would look inviting. Schmitt said that we will probably get more of these requests, especially since the smoking ban is going into effect statewide. Sargent told members that staff is working on a policy to address these requests. Schmitt felt we should make allowances for patios like other cities have, including Minneapolis. It seems to be a popular trend for restaurants and bar/grills to offer this seating alte1'1lative. Schmitt had a few questions regarding the changes that would be made to create this patio area. Sargent stated that there are no plans to change the exterior of the building or the signage currently in place, and that the Police Dept. will be making the decisions regarding access to the seating area. Schmitt stated that if the fencing isn't too obstructive, it will look nice. Gary Peterson stated he thinks the building looks nice now and hopes the fencing won't detract from that. He believes the bml'icade/stockade fencing that was used by another business in town was an eyesore. He is aware that the Police Dept. will have different requirements based on whether alcohol is served on the patio or not. Sargent said the plan states an ornamental fence would be used and he hopes a compromise can be made to make it attractive. Schmitt asked why Buffalo Wild Wings was required to have such a high fence and Sarna's was not. Gary Peterson said he asked the Chief about this and he was told that the fence along University Ave Highway is considered the restriction that deters pedestrian traffic in the area, more than the shorter, ornamental decorative fence around the patio. The Public Hearing was opened. Vish Nadig who is pmt owner answered some of the questions that had been raised. He said he was willing to work with the Police Dept. regarding the fencing as he wants something that is attractive and easy to maintain, but at the same time, inviting also. He said Columbia Heights is more restrictive than most cities and that his clientele are diners who enjoy a beer or glass of wine with their meal. The Public Hearing was closed. PLANNNING & ZONING COMMISSION MINUTES PAGE 4 AUGUST 8, 2007 Motion by Thompson, seconded by Firoendino, to waive the reading of Resolution No. 2007-PZ03, there being ample copies available to the public. All Ayes. MOTION PASSED. Motion by Thompson, seconded by Fiorendino, to adopt Resolution No. 2007-PZ03, being a resolution approving a site plan, for an outdoor eating area, subject to the following condition: I. All proposals for serving alcohol outdoors must be approved by the Police Department. All ayes. MOTION PASSED. RESOLUTION NO. 2007-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR NALAP AK WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0801) has been submitted by Vishwantha Nadig to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4920 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS TI-IE FOLLOWING PERMIT: Site Plan approval for outdoor seating. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on August 8, 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 sun'ounding 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: 1. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions ofthe 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 patt 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 ofthe permit. CONDITIONS ATTACHED: I. All proposals for serving alcohol outdoors must be approved by the Police Department. PLSANNING & ZONING COMMISSION MINUTES PAGE 5 AUGUST 8, 2007 Passed this 8th day of August 2007, Offered by: Seconded by: RollCall: Ayes: Nays: VICE CHAIR Donna Schmitt Attest: SECRETARY, Shelley Hanson ----------------------------------------------------------------------- --------------------------------------------------------------------- - Approval is contingent upon execution and retul'll of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Vishwantha Nadig Date CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0802 City of Columbia Heights 4800 Block of Central Avenue Comprehensive Plan Amendment, Zoning Amendment INTRODUCTION At this time, the City of Columbia Heights is requesting two amendments with relation to the 4800 block of Central A venue. They are as follows: 1. A Comprehensive Plan Amendment to reguide the subject property from Transit Oriented Development to Commercial. 2. A Zoning Amendment to rezone the subject property from MXD, Mixed Use Development District, to GB, General Business. The parcels to be reguided and rezoned are those located at 4849 Central Avenue (Savers), 4811 Central Avenue (Buffalo Wild Wings), 4801 Central Avenue (Welle Auto Supply), 4757 Central Avenue (Subway), and 4755 Central Avenue (Marina Grill and Deli). In 2003, these parcels were guided for Commercial and were zoned General Business (GB). Because of the developing Grand Central Lofts, along with the possibility of a hotel being located in the area, the City Council changed the Comprehensive Plan guidance to Transit Oriented Development and rezoned the current Mixed Use Development District (MXD) classification. At this time, the city has no proposals for a hotel to be located in the area. Staff recommends that these parcels be rezoned back to the GB zoning classification. PLANNING & ZONING COMMISSION MINUTES PAGE 6 AUGUST 8, 2007 COMPREHENSIVE PLAN The Comprehensive Plan CUll'ently guides the property Transit Oriented Development (TOD). This guidance allows for a mixture of neighborhood service-oriented development with varying densities of residential development. Being that there is no future plans to accommodate a residential component on any of the aforementioned properties, staff recommends reguiding these parcels to return them to their previous classification. For this reason, staff recommends a Comprehensive Plan Amendment to reguide the parcels located at 4849,4811,4801,4757 and 4755 Central Avenue from "Transit Oriented Development" to "Commercial". ZONING ORDINANCE The subject properties are currently zoned MXD, Mixed Use Development District. Staff recommends rezoning the subject parcels to GB as this zoning classification would be most fitting for the types of uses conducted on these premises. The General Business classification is more consistent with the zoning standards that are enforced for the other commercial properties along Central A venue, and staff would like these parcels to be consistent with the rest of the Central Avenue c011'idor in this respect. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The proposed zoning amendment will rezone a portion the subject properties from MXD, Mixed Use Development District, to GB, General Business. City staff is concurrently requesting a Comprehensive Plan Amendment, which would make the proposed zoning amendment consistent with the new Comprehensive Plan designation of "Commercial". 2. The amendment is in the public interest and is not solely for the benefit of a single propel1y owner. The proposed zoning amendment would rezone the subject properties to their previous zoning classification. The rezoning of this land would ensure that these businesses would use the property in the same manner as the other commercial uses along Central Avenue. 3. Where the amendment is to change the zoning classification of a particular propel1y, the existing use of the property and the zoning classification of propel1y within the general area of the property in question are compatible with the proposed zoning classification. The existing uses of the properties in question are: a secondhand store, a restaurant, and an automobile supply store. These are all permitted uses in the GB, General Business District. 4. 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 propel1y in question, which has taken place since such propel1y was placed in the current zoning classification. The possibility of the location of a hotel prompted the area to be rezoned ji'om GB, General Business to MXD, Mixed Use Development District. Because there are no plans for a hotel to be located on the site, a rezoning back to General Business would be prudent. PLANNING & ZONING COMMISSION MINUTES PAGE 7 AUGUST 8, 2007 Ouestions from Members: Peterson questioned how the re-zoning would affect the businesses at these addresses and what the advantage was for making the change back to General Business. Sargent explained that it won't affect them in any way regarding how they are now being used, and since the businesses involved aren't interested in being part ofthe re-development, there is no longer a reason to keep them zoned MXD. Properties in an MXD zoning have more flexibility for lot coverage, more lenient setback requirements, and also could be used for high density residential housing. If left as is, the city would have no control if someone chose to develop their whole site. So this re-zoning is being done to protect Public Interest, and will make it consistent with the other businesses along Central Avenue. Fiorendino asked if any of the businesses would be non-conforming, and Sargent answered no. It was noted that 4707 Central Ave is not included in this re-zoning as it is still part ofthe Grand Central Lofts Development plan and they want some flexibility as they make plans to develop that part of the site. The Public Hearing was opened. No one was present. The Public Hearing was closed. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommend the City Council approve the Comprehensive Plan Amendment to change the guidance of the landfrom "Transit Oriented Development" to "Commercial". All Ayes. MOTION PASSED. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommend that the City Council approve the rezoning of the properties located at 4849 Central Avenue, 4811 Cenh'al Avenue, 4801 Central Avenue, 4757 Central Avenue and 4755 Central Avenue from MXD, Mixed Use Development District to GB, General Business, based on following conditions of approval that have been found to be necessGlY to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The approval of the rezoning of the property is contingent on the Metropolitan Council's approval of the Comprehensive Plan Amendment. All ayes. MOTION PASSED PLANNING & ZONING COMMISSION MINUTES PAGE 8 AUGUST 8, 2007 The following Ordinance and Resolution will go to the City Council on August 13,2007. ORDINANCE 1529 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 4755, 4757, 4801, 4811 AND 4849 CENTRAL AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights has indicated the K-Mart site as a specific area in the City to focus redevelopment eff011s on in an attempt to beautify the City and encourage positive growth; and WHEREAS, the redevelopment in this area will not include parcels of land originally intended on being redeveloped; and WHEREAS, the City of Columbia Heights recognizes that the MXD, Mixed Use Development District zoning allows for flexibility in land use regulations for those businesses in the subject area that other businesses along Central A venne do not have; and WHEREAS, rezoning the subject parcels from MXD, Mixed Use Development District to GB, General Business District provides a common ground for land use regulation for all businesses along Central Avenue; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution 2007-133, and is in the public interest and not solely for the benefit of a single property owner; and WHEREAS, the zoning classification of the propel1y for the current development is compatible with the proposed GB, General Business classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from MXD, Mixed Use Development District to GB, General Business District. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: Offered by: Seconded by: RollCall: Gary Peterson, Mayor Patricia Muscovitz, City Clerk PLANNING & ZONING COMMISSION MINUTES PAGE 9 AUGUST 8, 2007 DRAFT RESOLUTION 2007-133 CITY OF COLUMBIA HEIGHTS, MINNESOTA A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR THE PROPERTY LOCATED AT 4755, 4757, 4801, 4811 AND 4849 CENTRAL AVENUE, IN THE CITY OF COLUMBIA HEIGHTS. WHEREAS, the City of Columbia Heights has indicated the former K-Mart site as a specific area in the City to focus redevelopment effOlls on in an attempt to beautifY the City and encourage positive growth; and WHEREAS, the redevelopment in this area will not include parcels of land originally intended on being redeveloped; and WHEREAS, the City of Columbia Heights recognizes that the "Transit Oriented Development" land use designation of the subject propelty in the Comprehensive Plan allows the flexibility and mixture of neighborhood service-oriented development and varying densities of residential development not required on the subject parcels; and WHEREAS, the current development is consistent with the description ofthe Commercial District; and WHEREAS, the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as reinvestment/redevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail and services, and suppolling a healthy living environment; and WHEREAS, the City's approval of the Comprehensive Plan amendment for the subject propelty is contingent on Metropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and BE IT FURTHER RESOLVED that the Planning and Zoning Commission conducted a public hearing to review the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the land use designation for the subject properties from Transit Oriented Development to Commercial. Passed this _ day of Offered by: Seconded by: RollCall: Gaty Peterson, Mayor Attest: Patricia Muscovitz, City Clerk PLANNING & ZONING COMMISSION MINUTES PAGE IO AUGUST 8, 2007 NEW BUSINESS Sargent repOlied that he had a conversation with Szurek regarding establishing a policy that would allow staff to review and issue permits for signage along Central Avenue and 40th Avenue. This would make it consistent with how other sign permits are processed in the city. Currently, sign permits along these two A venues require approval from the P & Z Commission. By allowing staff to review the requests, it would save time for the applicants and the fee they are charged to go before the Commission. Staff would still make sure that the signage meets Design Guidelines. If there are any situations that staff, or the applicant wants brought to the Commission, that can still be done. This would not affect signage for new construction, as that would still be pmi of the site plan process. Sargent will prepare the policy and let the members review it, as they all concurred with the plan. OTHER BUSINESS None The meeting was adjourned at 7:55 pm. All Ayes. Respectfully submitted, ~Q ~'*' c\;jCtV\_MVl Shelley Hansoiv Secretary