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HomeMy WebLinkAboutDecember 4, 2007 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TOO (763) 706-3692 Visit Our Website at; www.ci.columbia-heights.mll.us MEMBERS: Marlainc Szurek, Chair Donna Schmill Rob Fiorendino Mike Peterson David Thompson PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, DECEMBER 4, 2007 CITY HALL COUNCIL CHAMBERS 590 40TH AVENUE NE 1. Roll Call 2. Minutes from the Pimming and Zoning Commission Meeting of November 6, 2007 3. Public Hearings: Case #2007-1201 Site Plan 4438,4442,4446 Central Avenue NE Columbia Heights VFW Post 230 4. New Business 5. Other Business 6. Adjourn The Responsibility of the Planning Commission is to: . Faithfully serve the public interest. . Represent existing and future residents, and base our decisions and recommendations on the Comprehensive Plan and Zoning Ordinance. . Recognize the rights of citizens to participate in planning decisions. . Protect the natnrai environment and the heritage ofthe built environment. . Exercise fair, honest, and independeut judgment. . Abstain from participation when they may directly or indirectly benefit from a planning decision. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING NOVEMBER 6, 2007 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Schmitt, Peterson, and Szurek. Excused members: Fiorendino. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Peterson, seconded by Schmitt, to approve the minutes from the meeting of October 2, 2007. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: REQUEST: 2007-0903 City of Columbia Heights Zoning Amendment to the Zoning Code as it relates to Nightclub Uses Planner Sargent explained that this amendment is being withdrawn. When the amendment is completed it will be re-published and brought before the commission as a new case. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-1101 Signminds 999 50th Avenue NE Site Plan for Signage INTRODUCTION At this time, Signminds is requesting a site plan approval for new signage for the office building located at 999 - 50"1 Avenue. The office building cnrrently has a wooden freestanding sign and would like to upgrade to a monument sign in the same location. The Design Guidelines require site plan approval for any new signage proposed for a business. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Commercial related activities. One of the goals of the Comprehensive Plan is to provide opp011unities and mechanisms for successful redevelopment of taTgeted areas within the community. Incorporating a monument-style sign for the business at 999 - 50th Avenue would be compliant with the Design Guidelines, and thus consistent with the Comprehensive Plml. ZONING ORDINANCE The propeI1y is located in the General Business District (GB), as are the properties to the n011h and west. The properties to the east are zoned R-2A, One and Two Fmllily Residential and the propel1ies to the south are zoned R-2B, One and Two Family Residential. The subject pm-cel is also located within the Design Overlay Highway District, and is subject the regulations for such propel1ies. Plamling & Zoning Commission Minutes Page 2 November 6, 2007 The City Code at Section 9.106 (P)(l2) states that monument signs in the GB District shall be limited to 40 square feet per side, eight feet in height, and shall be set back a minimum of five feet from all property lines. The applicant's sign plan indicates that the monumcnt sign will be six (6) feet in height and 32 square feet in area. The site plan for the sign also indicates that the monument sign will be located five (5) feet from the front property line. DESIGN GUIDELINES SIGNAGE. The Design Guidelines prohibit the use of pylon signs and require that all monument signs be constructed of materials compatible with those that are used on the principal structure. The proposed plans indicate that the monument sign's base will be constructed of brick to match the building. The Design Guidelines also prohibit internally lit box signs. The proposed monument sign incorporates backlit chamlelletters that would be consistent with the intent of the Design Guidelines. FINDINGS OF FACT Site I>lan Approval Section 9.1 04 (M) requires that the Plmming and Zoning Commission shall make each of the following findings before approving a site plml: 1. The site plan conforms to all applicable requirements of this mticle The proposed site plan meets all the Design Guidelines standards for monument signs in relation to the color of the sign and the types of materials used to construct it. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposed sign plan is consistent with the Comprehensive Plan, as it is consistent with the Design Overlay Highway District. 3. The site plan is consistent with any applicable mea plan. There is no applicable area plan for this area. 4. The site plan minimizcs any adverse impacts on property in the immediate vicinity mld the public right-of-way. The proposed signage 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. The signage plan conforms to all standards outlined in the Design Guidelines. Staff recommends approval ofthe site plan for the office building located at 999 - 50th Avenue. Questions from Members: Schmitt asked for clarification for the rccord on the need to go through the site plan process for approval of this new sign. Planning & Zoning Commission Minutes Page 3 November 6, 2007 Commission members thought the new monument sign would be much nicer looking and meets the Design Guidelines, therefore enhancing the appearance of the site. Public Hearing Opened: A representative from Signminds and the owner ofthe business were present. They were happy the Conmlission liked the design of the new sign. Public Hearing Closed. Motioll by Petersoll, secollded by Schmitt, to waive the reading of Resolution No. 2007-1'Z07, there being ample copies available to the public. All ayes. MOTION PASSED. Motioll by Petersoll, secollded by Schmitt, to adopt Resolution No. 2007-1'Z07, being a resolution approving a site plan for the office building located at 999 - 50'1. Avenue. All ayes. MonON PASSED. RESOLUTION NO. 2007-PZ07 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR SIGNAGE AT 999 - 50TH AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-1101) has been submitted by SignMinds to the Plmming and Zoning COlmnission requesting a site ,flan approval from the City of Columbia Heights at the following site: ADDRESS: 999 - 501 Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for signage for the office building at 999 - 50th Avenue. WHEREAS, the Planning Connnission has held a public hearing as required by the city Zoning Code on November 6, 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 cOlmnunity and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and Plmming & Zoning Commission Minutes Page 4 November 6, 2007 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 plml 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 pla1lminimizes 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 permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (J) calendar veal' after the approval date, subject to petition for renewal ofthe permit. Passed this 6th day of November 2007, Offered by: Seconded by: Roll Call: Ayes: Nays: CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hmlson ------ ------ -------------- -------------- ------ ------ ------------- -- -------------------------------------------------------------------- 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. Catherine Monnens Date Planning & Zoning Commission Minutes Page 5 November 6, 2007 NEW BUSINESS Planner Sargent stated that only eight people were in attendance at the Public Forum seeking input for the renewal of the Comprehensive Plan held November 1,2007, at Murzyn Hall. Out of the eight people attending, only one person was not a current member of a Board, an elected official, or a staff member. Staff was somewhat disappointed by the lack of interest in something so important to the future of our city. Sargent said staff will contact several community groups and seek feedback from a surveyor questionnaire that will be prepared. He said they plan on approaching several groups including the High School, the Sr. Group, possibly the Asian community and the Hispanic residents, so input from a cross section of residents is obtained. The next meeting was originally scheduled for December 10'h, but this will probably be re-scheduled for January so that further input from these groups can be gathered. Szurek informed Sargent that the response or interest in this process was similar the last time it was done. Schmitt suggested that maybe something should be put on the website or on cable allowing people to e- mail in their comments or to fill out a survey online. People are more apt to respond this way as it doesn't commit them to a meeting or take up as much time. OTHER BUSINESS Gary Peterson spoke to the members about re-zoning Central Ave from 44'h to 45'h Avenue that will be on the December meeting agenda. The VFW is seeking this re-zoning from Limited Business to General Business so they can build a patio next to their building. They want to get the slab in yet this year, so they may pour that prior to the December meeting, with the understanding they are doing so at their own risk. He said they will be adding a roof and partial walls later that will meet necessary requirements for an outside patio. The meeting was adjourned at 7:20 pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-1201 DATE: December 4,2007 TO: Columbia Heights Planning Commission APPLICANT: VFW Post #230 LOCATION: 4438,4442,4446 Central Avenue REQUEST: Zoning Amendment for Rezoning of Parcels PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the VFW Post #230 is requesting a rezoning of the properties located at 4438, 4442 and 4446 Central Avenue from Limited Business District (LB) to General Business District (GB). The VFW Post #230 is located at 4446 Central Avenue and is currently zoned LB. The Zoning Code does not allow for the VFW use in the LB zoning district, meaning that the VFW is currently considered legally nonconforming. Since the smoking ban throughout Minnesota went into effect on October 1, 2007, the VFW has contacted the City regarding the possible construction of an outdoor smoking area for its patrons. The legally nonconforming status of the building does not allow any type of expansion to the building under Minnesota State Statute 462.357, subd. 1e. For this reason, the only way in which the VFW could construct any type of addition to its building would be if the property were rezoned to a classification that would allow the VFW use. The property to the south of the VFW is a single-family house, located at 4442 Central Avenue. The property to the south of 4442 Central Avenue serves as over-flow parking for the VFW and is owned by the same. The request to rezone the three parcels to GB would keep the consistency of zoning classifications between the VFW and its over-flow parking lot. Single-family homes are not permitted in the LB District, so the home located at 4442 is currently considered legally nonconforming for this reason. The GB District also does not allow for single-family homes. Rezoning the parcel at 4442 Central Avenue from LB to GB would not change building's classification as a legally nonconforming structure. City of Columbia Heights Planning Commission VFW Post #230 December 4, 2007 Case it 2007-1201 COMPREHENSIVE PLAN The Comprehensive Plan currently guides the property for Commercial Use. Therefore, the rezoning of the property from LB to GB would be consistent with the intended use of the property, and thus consistent with the Comprehensive Plan. ZONING ORDINANCE The VFW use would be consistent with the types of uses allowed with the proposed zoning classification of the property as General Business. By rezoning the property, the City would bring the VFW into conformity with the zoning ordinance, and the VFW would no longer be considered legally nonconforming. With the rezoning complete, the VFW would be able to apply for a building permit for the construction of an outdoor smoking area. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property for Commercial Use. Therefore, the rezoning of/he property from LB to GB would be consistent with the intended use of the property, and thus consistent with the Comprehensive Plan. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. Currently, the building located at 4446 Central A venue is a nonconforming use, as a VFW is not permitted in the LB District. The proposed rezoning of the property would bring the VFW into compliance with the Zoning Code. Bringing nonconforming uses into compliance with the zoning code is beneficial to the City. 3. 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 existing uses of the properties are: the VFIN, a single-family house, and a parking lot. The VFW use is consistent with the types of uses allowed along Central Avenue. All the parcels on the east side of Central Avenue are zoned GB as well. 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 property in question, which has taken place since such property was placed in the current zoning classification. Page 2 . City of Columbia Heights Planning Commission VFW Post #230 December 4, 2007 Case # 2007-1201 The trend of development and redevelopment along Central A venue has promoted Central Avenue as the main commercial corridor for Columbia Heights. The LB zoning classification is restrictive in allowing the types of uses that are compatible with the remainder of Central Avenue. The GB zoning classification is more consistent with the types of uses that Central Avenue promotes. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the rezoning of the properties located at 4438 Central Avenue, 4442 Central Avenue and 4446 Central Avenue from Limited Business District (LB) to General Business District (8B). Attachments . Location Map . Zoning Map . Draft Rezoning Ordinance Page 3 ORDINANCE XXXX 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 4438, 4442 AND 4446 CENTRAL AVENUE NE SECTION 1: WHEREAS, the City of Columbia Heights' Zoning Code encourages the gradual elimination of nonconformities; and WHEREAS, the rezoning of the subject parcels will bring an existing use into compliance with the Zoning Code; and WHEREAS, the City of Columbia Heights recognizes Central Avenue is a major commercial corridor in the City and Comprehensive Plan goals focus on Central A venue redevelopment; and WHEREAS, thc City of Columbia Heights recognizes that the LB. Limited Business District zoning is restrictive in the types of commercial uses it allows along Central A venue; and WHEREAS, rezoning the subject parcels from LB, Limited Business 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 thc public interest and not solely for the bcnetit ofa single property owner; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed aud recommends approval of the proposed rezoning from LB, Limited Business 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 ropose ezonlng rea 45TH AVENUE /" I- I \ - 4446 - - AAA? - , 4438 I) ./ - '- - / - - - -- - - - 44TH AVENUE w ::J Z W ~ ....J ~ I- Z I- W 0 VFW Post #230 P dR . A Location Map N w.JSt~ E 5Z~ s Legend D R-1 - Single Family Residential District D R-2A - One and Two Family Residential District 1'1 R-2B - Built as Duplexes _I R-3 - Multiple Family Residential District _ R-4 - Multiple Family Residential District _ MXD - Mixed Use District LB - Limited Business District _ CBD - Central Business District _ GB - General Business District D I - Industrial District _ 1-2 - Industrial District D Right-aI-Way _ City 01 Hilltop _ MplsWaterWorks N W~E S Current Zoning 45TH AVENUE Proposed Zoning