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HomeMy WebLinkAboutDecember 4, 2007 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 JetI' Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Schmitt. to approve the minutesfrom the meeting of November 6, 2007. All ayes. MOHON PASSED. }>UBLIC HEARINGS CASE NUMBER: APPLICANT: REQUEST: 2007-1201 VFW Post #230 Zoning Amendment for Rezoning of Parcels 4438,4442, & 4446 Central Ave INTRODUCTION At this time, the VFW Post #230 is requesting a rezoning of the properties located at 4438, 4442 and 4446 Central Avenuc 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. Ie. 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 Avcnue 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 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: I. The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides the property for Commercial Use. Therefore, the rezoning of the property Ji'om 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 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 ben~ficial 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 arc compatible with the proposed zoning classification. The existing uses of the properties are: the VFW, a single.Jamily 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 o/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. 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 Questions 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. Ifthe 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 three 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 cannot be expanded, but can continue to be used as is. The Public Hearing was opened. Brian Spencer and Jerry Wegscheid were present from the VFW. Lorraine Ayson from 4416 Central Ave. expressed concern if the 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 I-Iearing was closed. 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 Avenue from Limited Business District (LB) to General Business District (GB). All ayes. MOnON 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 dIect 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, PERTAINING TO THE REZONING OF A CERTAIN PROPERTIES LOCATED AT 4438,4442 AND 4446 CENTRAL A VENUE NE SECTION 1: WHEREAS, the City of Columbia Ileights' Zoning Code encourages the gradual elimination of nonconfonnities; 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 Ccntral Avenue is a nuljor 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 Busincss District provides a common ground for land use regulation for all businesscs along Ccntral A venue; 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 propelty owner; and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from loB, Limited Business District to GB, General Business District. SECTION 2: This ordinance shall be in full forcc and effect from and after 30 days after its passage. NEW BUSINESS The meeting originally scheduled for December 5th regarding the Comprehensive Plan has been cancelled. Staff is working on getting input from other groups, so the meeting will not be held until January. The meeting was adjourned at 7: 19 pm. All Ayes. Respectfully submitted, ~.>/j \ hQQJJ'j.-. c\ \u ,'0 H\ Shelley HansonlJ Secretary