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HomeMy WebLinkAboutJanuary 2, 2008 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JANUARY 2,2008 7:00 PM The meeting was called to order at 7:05 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 Fiorendino, seconded by Schmitt, to approve the minutes ji-om the meeting of December 4, 2007. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: REQUEST: 2008-0101 VFW Post #230 Site Plan--4446 Central Ave INTRODUCTION Sargent explained that 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 Milmesota 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 The Comprehensive Plan identifies goals and 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: 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 cOlmnercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. PLANNING & ZONING COMMISSION MINUTES PAGE 2 JANUARY 2, 2008 The Comprehensive Plan designates this area for "Commercial" uses, and the propetty 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 cunently 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 carmot receive a building permit for the construction of the accessory structure until after the zoning classification has become effective. PARKING. Cunently, 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 requiring a set of minimum standards for new construction along Central Avenue 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 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 PLANNING & ZONING COMMISSION MINUTES PAGE 3 JANUARY 2, 2008 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 guidedfor, 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 minimum setback requirements and all Design Guideline requirements. For this reason, the property in the immediate vicinity should not be adversely impacted Sargent explained we have nothing in our Zoning Code that addresses designated outdoor smoking areas so businesses will be subject to approval from Anoka County for such areas to ensure it meets the Freedom to Breath Act. Sargent reminded the cormnission members the second reading of the re-zoning for this property will be held January 14th and that there is a 30 day period before it becomes effective. Therefore, they cannot proceed until after that date. He then reviewed the conditions detailed in the motion and said that staff recommends approval ofthe site plan request. Ouestions from members: Schmitt questioned why construction had already stmied on the site. Sargent said they were eager to get the cement work done before the ground froze and did so at their own risk. He went on to explain that a stop work order had been issued and they can't continue any fUliher until the process is complete. Fiorendino asked whether the new patio area is in the same location as the old shed and if parking spaces would be affected. He was told it is in a different location from the old shed, and that as of right now, parking would remain the same. They currently have eight more spaces than required. Thompson asked whether the city, or the applicant, is responsible for submitting the plans to Anoka County for review and approval. Sargent said he would check on that. As far as the city is concerned, we consider their request to be an accessory structure, and would treat the issuance of a permit as such. If the intent is to use it as a smoking area, then it falls on the county to approve the use and design of the structure to ensure it meets the Freedom to Breath Act. PLANNING & ZONING COMMISSION MINUTES PAGE 4 JANUARY 2, 2008 Szurek asked if they plan to also construct another shed on the property. Thompson stated that the VFW hasn't decided that yet. Public Hearing opened: Brian Spencer and LeRoy Knealing were present to answer any questions. No one else was present to speak on this case. Public Hearing Closed. Motion by Fiorendino, seconded by Schmitt, to waive the reading of Resolution No. 2008-PZ01, there being ample copies available to the public, All ayes. MOTiON PASSED, Motion by Fiorendino, seconded by Schmitt, to adopt Resolution No, 2008-PZ01, 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 accessOlY structure may only be issued after the property has beenfully rezoned to General Business District, 2. If the intended use of the accessory structure is for a smoking area, then the applicant shall submit plans to Anoka County for review and approval prior to the Building Permit being issued. All ayes, MOTION PASSED, RESOLUTION NO. 2008-PZOl RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR AN ACCESSORY STRUCTURE AT 4446 CENTRAL A VENUE 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 Planning 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 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, propelty values, light, air, danger of fire, and risk to public safety in the surrounding areas; and PLANNING & ZONING COMMISSION MINUTES PAGE 5 JANUARY 2, 2008 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: I. The site plan conforms to all applicable requirements of this mticIe, except signage. 2. The site plan 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 plan minimizes any adverse impacts on propelty 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 ifthe project has not been completed within one (1) calendar veal' after the approval date, subject to petition for renewal of the permit. Passed this 2"d day of January 2008, Offered by: Fiorendino Seconded by: Schmitt Roll Call: All ayes 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. Brian Spencer Date NEW BUSINESS Sargent told members that the new Community Development Director, Scott Clark, started mid December and looks forward to working with the members on upcoming projects. He also said he is working on gathering information from various people throughout the community and he hopes to bring the information back to the members in February. The meeting was adjourned at 7:20 pm. All Ayes. Respectfully submitted, (_~\ V\.Llt~ U\ovI\./)<fY\ Shelley Hanson (j Secretary