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
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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
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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
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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
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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
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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
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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