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HomeMy WebLinkAboutJanuary 2, 2008 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www.ci.columbia-heigh/s.mn.us MEMBERS: Marlaine Szurek, Chair Donna Schmitt Rob Fiorendino Mike Pelerson David Thompson PLANNING AND ZONING COMMISSION MEETING 7:00 PM :WE15;Nj!)~P'i\Y~JANJJ!~t~, 2008 CITY HALL COUNCIL CHAMBERS 590 40 TH AVENUE NE 1. Roll Call 2. Minutes from the Planning and Zoning Commission Meeting of December 4, 2007 3. Public Hearings: Case #2008-0101 Site Plan 4446 Central Avenue V.F.W. 4. New Business 5. Other Business 6. Adjonrn The Responsibility of the Planning Commission is to: . Faithfully serve the public interest. . Rcpresent existing and future rcsidents, and basc our decisions and recommendations on the Comprehensive Plan and Zoning Ordinance. . Rccognize thc rights of citizens to participate in planning decisions. . Protect the natural environment and the heritage of the built cnvironment. . Excrcise fair, honest, and independent judgment. . Abstain from participation when they may directly or indirectly benefit from a planning decision. THE CITY OF COLUMB1A 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 DECEMBER 4, 2007 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Schmitt, to approve the minutesfi'om the meeting of November 6, 2007. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: REQUEST: 2007-1201 VFW I'ost #230 Zoning Amendment fOJ' Rezoning of I'arcels 4438,4442, & 4446 Ccntml Ave 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 tlle 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. Ie. For this reason, the only way in which the VFW could construct any type of addition to its building would be if the properly were rezoned to a classification that would allow the VFW use. The propelty 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. PLANNING & ZONING COMMISSION MINUTES PAGE 2 DECEMBER 4, 2007 COMPREHENSIVE PLAN The Comprehensive Plan currently gnides 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 propeliy, 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 the property from LE 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 Avenue 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 VFW, 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 propeliy, 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 cunent zoning classification. The trend of development and redevelopment along Central Avenue 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. Staff recommends approval of the rezoning request to change these properties from LB to GB. PLANNING & ZONING COMMISSION MINUTES PAGE 3 DECEMBER 4, 2007 Ouestions from members: Peterson asked why the entire block was not being re-zoned. Sargent explained that staff considered that, but decided against doing so. He said this request brings the VFW properties into compliance. If the entire block were re-zoned, the apartment building that is an accepted use in the LB zoning would then become non-compliant. By re-zoning these tln'ee properties, it brings as many properties as possible into compliance, and does so keeping the zoning areas "blocked together" so it doesn't appear to be "spot zoned". The only properties that would still be legally non-conforming are the single family homes in this block that would be non-conforming no matter if they were zoned LB or GB. Schmitt thought Pro Ex at 4400 Central Ave was already zoned General Business. Sargent said according to the most recent maps he has, it is zoned LB. Fiorendino asked how the house at 4442 Central Ave would be affected by this change. Sargent explained that nothing will change for that property since it is a legally non-conforming structure either way. He said the property caru10t be expanded, but can continue to be used as is. The Public Hearing was opencd. Brian Spencer and Jerry Wegscheid were present from the VFW. Lorraine Ayson from 4416 Central Ave. expressed concern iftlle block were re-zoned what affect it would have on the single family homes. She wondered if it gave the city rights to buy up the properties or if it would have any significant impact on them. Sargent told her as long as the home is not vacated for more than one year or sold for other use, it may continue to be used as a single family home. He told her the homes cannot be added on to, but they can be sold as a residence as long as that use is continual. The Public Hearing was closcd. Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends the City Council approve the rezoning of the properties located at 4438 Central Avenue, 4442 Central Avenue and 4446 Central Avenuefi'om Limited Business District (LB) to General Business District (GB). All ayes. MOTION PASSED. The attached Ordinance will go to the City Council for the first reading at the December 10, 2007 meeting. The second reading will occur at the January meeting and it will go into effect 30 days after that. Sargent informed the members that the VFW will bring in plans for approval regarding the patio area for smoking at the meeting in January. PLANNING & ZONING COMMISSION MINUTES PAGE 4 DECEMBER 4, 2007 ORDINANCE XXXX CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428, Pb'RTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 4438,4442 AND 4446 CENTRAL A VENUE NE SECTION 1: WHEREAS, the City of Columbia Heights' Zoning Code encourages the gradual elimination of nonconfonnitics; and WHEREAS, the rezoning of the subject parcels will bring an existing nse 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, the City of Columbia Heights recognizes that the LB. Limited Business District zoning is restrictive in the types of commercial uses it allows along Central Avenue; 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 the public interest and not solely for the benefit of a single property owner; and BE IT FURTHER RESOLVED that the Plmming Commission has reviewed and 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. NEW BUSINESS The meeting originally scheduled for December S'h regarding the Comprehensive Plan has been cancelled. Staff is working on getting inpnt from other groups, so the meeting will not be held until January. The meeting was adjourned at 7: 19 pm. All Ayes. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-0101 DATE: January 2, 2008 TO: Columbia Heights Planning Commission APPLICANT: VFW Post 230, Brian Spencer LOCATION: 4446 Central Avenue REQUEST: Site Plan Approval PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the VFW Post 230 is requesting a site plan approval for the construction of an accessory building, located at 4446 Central Avenue. There is currently a storage shed on the property and the applicant would like to remove the shed and construct a new accessory structure. The new accessory structure would be moved slightly to the south of the location of the current storage shed. On October 1, 2007, the State of Minnesota passed the Freedom to Breath Act, which disallows the use of tobacco products in public spaces. The proposed accessory structure for the VFW would serve as an outdoor, covered patio for smokers patronizing the VFW, and would help protect these people from the elements. The State of Minnesota has specific criteria regarding the definition of an enclosed public area. The applicant will have to make sure that if the structure is used for smoking-related purposes, it does not meet the definition of an enclosed public space as defined in state statutes. The proposed structure is also located within the Design Overlay Highway District and will be subject to the minimum requirements of the City Code. COMPREHENSIVE PLAN Discussion of regulations begins with identifying the community's goals for economic and commercial vitality found in the Comprehensive Plan. The Comprehensive Plan identifies the goals; the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The City's Comprehensive Plan indicates several goals for the economic and commercial vitality of the city. Some of these goals include: City of Columbia Heights Planning Commission VFW Post 230, 4446 Central Avenue January 2, 2008 Case # 2008-0101 1. Strengthening the image of the community as a desirable place to live and work. 2. Encouraging the continuation and enhancement of existing businesses within the community. 3. Improving the image of commercial areas as friendly and safe environments for residents and visitors. The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. The Comprehensive Plan designates this area for "Commercial" uses, and the property was recently rezoned to "General Business" to accommodate the VFW use. The proposed site plan includes the construction of an accessory building, which enhances the existing business. The proposal is consistent with the Comprehensive Plan because the use is proper for what the area is guided for, and revitalizing the appearance of the property helps achieve the goals outlined in the Comprehensive Plan. ZONING ORDINANCE The property is currently zoned Limited Business (LB). The applicants have requested a rezoning of the property to General Business (GB), which is currently going through the approval process. If the City Council approves the rezoning of the property, the change in zoning classification will become effective on February 14, 2008. The applicants cannot receive a building permit for the construction of the accessory structure until after the zoning classification has become effective. PARKING. Currently, there are 38 parking stalls on site. The proposed accessory structure will be placed close to the entrance of the building and will occupy two parking stalls. The existing storage shed currently occupies two parking stalls, and those parking stalls will be refurbished with the construction of the new accessory structure. The VFW use requires enough parking stalls to accommodate 30% of the building's seating capacity. There are 98 seats in the VFW, requiring 30 parking stalls. When the site is complete, there will be 38 parking stalls available to the VFW patrons. DESIGN GUIDELINES The proposed accessory structure, located at 4446 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 requirin~ a set of minimum standards for new construction along Central Avenue and 40 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. Page 2 City of Columbia Heights Planning Commission VFW Post 230, 4446 Central Avenue January 2, 2008 Case # 2008-0101 The City Code states that the Design Guidelines are applicable to any exterior changes, including remodeling or new construction. For this reason, the Planning Commission is required to review to proposed site plan. BUilDING MATERIALS. The applicant is proposing to construct the accessory building with a rock face block exterior. This building material is acceptable. BUilDING COLOR. The accessory structure will be painted to match the existing building. Grays are acceptable building colors in the Design Overlay Highway District 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: 1. 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 Design Guidelines elements for the property have also been met and are in compliance to the Code. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The proposal is consistent with the Comprehensive Plan because the use is proper for what the area is guided for, and revitalizing the appearance of the building helps achieve the goals outlined in the Comprehensive Plan. 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 mll1lmUm setback requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted. RECOMMENDATION Move to waive the reading of Resolution No. 2008-PZ01, there being ample copies available to the public. Page 3 City of Columbia Heights Planning Commission VFW Post 230, 4446 Centrai Avenue January 2, 2008 Case # 2008-0101 Move to adopt Resolution No. 2008-Pl01, being a resolution approving a site plan, for an outdoor eating area, subject to the following conditions: 1. A building permit for the construction of the accessory structure may only be issued after the property has been fully rezoned to General Business District. ATTACHMENTS . Resolution . Location Map . Site Plan Page 4 RESOLUTION NO. 2008-PZOl RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR AN ACCESSORY STRUCTURE AT 4446 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0101) has been submitted by the VFW Post 230 to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4446 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of an accessory building at 4446 Central Avenue. WHEREAS, the Plamling Commission has held a public hearing as required by the city Zoning Code on Januaty 2, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect ofthe 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 SUlToUllding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning atld Zoning Commission ofthe 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, atld other information shall become part of this pennit 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. Resolution No. 2008-PZOl Page 2 Passed this t"l day of January 2008, Offered by: Seconded by: Roll Call: Ayes: Nays: CHAIR Marlaine Szurek Attest: 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. 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