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HomeMy WebLinkAbout20090303P & Z MinutesPLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MARCH 3, 2009 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. Members Absent- Fiorendino Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Thompson, seconded by Schmitt, to approve the minutes from the meeting of .Ianuary 6, 2009. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2009-0301 Linder's Greenhouses 4300 Central Avenue Interim Use Permit INTRODUCTION Linder's Greenhouses has applied for an Interim Use Permit to allow the operation of a seasonal mini- garden center for flowering plans and retail sales. Last year, the City of Columbia Heights amended the ordinance regarding outdoor seasonal sales in all zoning districts, and now requires an Interim Use Permit rather than a Conditional Use Permit. The specific development standards for an outdoor sales/display establishment are found at Section 9.107 (C)(28), and will be added as conditions of approval for this permit. This will be the Linder's 20th year operating a temporary greenhouse at this location in Columbia Heights. The site plan and configuration remains unchanged from previous years. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The two structures and patio will displace approximately 30 parking spaces and a drive aisle. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900- square foot commercial building is required to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. PLANNING & ZONING COMMISSION MINUTES PAGE 2 MARCH 3, 2009 FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Outdoor sales/display establishments are an Interim Use in the GB, General Business District, and are considered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Outdoor sales/display uses are allowed as conditional uses in all residential districts. The use will not impose hazards or disturbing influences on neighboring properties. The closest residential property to the south is over 300 feet from the proposed temporary use. In addition, the amount of space dedicated for the gr~eenhouse sales is relatively small at approximately 1, 000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Linder's has been in operation for 19 years at this location, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. Staff recommends that the Planning Commission approve the Interim Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Questions from Members: Thompson stated the tent fabric should be approved by the Fire Marshall. Schmitt questioned whether Frattalone's Hardware Store would also be submitting a request to have a greenhouse on this site since re-locating to this strip mall. Sargent stated that they had not done so to date. Peterson said one of the employees told him they were not going to pursue that this year. PLANNING & ZONING COMMISSION MINUTES PAGE 3 MARCH 3, 2009 Public Hearing Opened: No one was present to speak on this matter. Public Hearin~ Closed. Motion by Schmitt, seconded by Peterson, to waive the reading of Resolution No. 2009-PZ03, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Peterson, seconded by Schmitt, that the Planning Commission approves the Interim Use Permit for seasonal agr~icultural sales at 4300 Central Avenue NE from April IS through July IS, 2009, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. Outdoor agr~icultural/produce sales located within the public right-of-way are prohibited. 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 3. Music or amplified sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. S. The outdoor storage shall be located as indicated on the site plan. 6. A$S00 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. All ayes. MOTION PASSED. RESOLUTION NO. 2009-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN 1NTERIM USE PERMIT FOR LINDER'S GREENHOUSES, 1NC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-0301) has been submitted by Linder's Greenhouses to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for outdoor seasonal sales from April 15, 2009 to July 15, 2009. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 3, 2009; 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 surrounding areas; and PLANNING & ZONING COMMISSION MINUTES PAGE 4 MARCH 3, 2009 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 use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the ZoningAdministrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. 4. The use will notsubstantially diminish the use ofproperty in the immediate vicinity. S. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. 7. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 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 L) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Outdoor agricultural/produce sales located within the public right-of-way are prohibited. 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 3. Music or ampli~ed sounds shall not be audible from adjacent residential properties. 4. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. 5. The outdoor storage shall be located as indicated on the site plan. 6. A$500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Interim Use Permit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Passed this 3rd day of March 2009, Offered by: Peterson 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. Ciao Cella Date PLANNING & ZONING COMMISSION MINUTES PAGE 5 MARCH 3, 2009 CASE NUMBER: 2009-0302 APPLICANT: Sonic Restaurant LOCATION: 4910 Central Avenue REQUEST: Conditional Use Permit for LED Sign INTRODUCTION On January 12, 2009, the City Council approved a variance for the proposed monument sign for the Sonic Restaurant located at 4910 Central Avenue. Since that time, it was determined that a Conditional Use Permit (CUP) would also be required prior to the issuance of a building permit for the monument sign. The City of Columbia Heights just recently approved a Zoning Amendment that requires a CUP for all new digital LED signs installed within the City. At this time, the applicant is requesting a CUP in order to comply with the City Code. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. The applicant's proposal for a digital LED sign is consistent with the established goals, and the sign will be used for a new commercial redevelopment. ZONING ORDINANCE The property located at 4910 Central Avenue NE is zoned GB, General Business, as are the properties to the north and east. The properties to the west are zoned R-2A and R-2B, One and Two Family Residential. The property to the south is located in the City of Hilltop. Digital LED signs are permitted as a Conditional Use in the GB, General Business District. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. Digital LED signs are specifically listed as a Conditional Use in the GB, General Business District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial development that includes goals for commercial and economic development. These goals include: strengthening the image of the community as a desirable place to live and work, providing opportunities and mechanisms for successful redevelopment of targeted areas, preserving and enhancing the existing commercial areas within the community, advocating high quality development and redevelopment within the community, and enhancing the economic viability of the community. The applicant's proposal for a digital LED sign is consistent with these goals, as the sign will be used for a new commercial redevelopment. (c) The use will not impose hazards or disturbing influences on neighboring properties. The applicant will have to abide by specific development standards as they relate to LED signs. These standards were adopted to help ensure a limiting disturbing infZuence on neighboring properties. Given the location of the proposed sign and its orientation to Central Avenue, staff feels that the use will not impose hazards on the neighboring properties. PLANNING & ZONING COMMISSION MINUTES PAGE 6 MARCH 3, 2009 (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by the placement of a digital LED sign at 4910 Central Avenue (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The applicant will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. (~ The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The use of a digital LED sign at this location will not affect traffic. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. By subjecting the use of a digital LED sign to specific development standards, it is intended that the use will not cause a negative cumulative effect. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. Sargent reviewed the conditions that must be met to meet the criteria established in our ordinance. Staff recommends approval of the proposed CUP for a digital LED sign for the new Sonic Restaurant located at 4910 Central Avenue. Questions from members: Peterson asked if the sign would display time, date, temp. Barb Schneider from Border Foods, replied that it would not. He then asked how often the message on the sign would change. Sargent stated each message must be displayed for at least 10 minutes. Schmitt asked when they plan to start construction. Barb Schneider stated they are hoping to begin around the end of March. Public Hearing Opened: No one was present to speak on this issue. Public Hearin~ Closed. PLANNING & ZONING COMMISSION MINUTES PAGE 7 MARCH 3, 2009 Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a for a digital LED sign for the new Sonic Restaurant located at 4910 Central Avenue, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. The dynamic LED signs may occupy no more than fifty percent (SO%) of the actual copy and gr~aphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. S. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. The dynamic LED signs may not exceed a mcrximum illumination of S, 000 nits (candelas per square meter) during daylight hours and a mcrximum illumination of S00 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at mcrximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. All ayes. Motion passed. DRAFT RESOLUTION NO. 2009-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SONIC RESTAURANT WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-0302) has been submitted by Sonic Restaurant to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4910 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.106 (P)(13)(c)1, to allow a dynamic LED sign in the GB, General Business District. PLANNING & ZONING COMMISSION MINUTES PAGE 8 MARCH 3, 2009 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 3, 2009; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit 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 surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. The use complies with all other applicable regulations for the district in which it is located. 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 L) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The dynamic LED signs may occupy no more than fifty percent (SO%) of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. The dynamic LED sign may not change or move more often than once every ten (10) minutes, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every ten (10) seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten (10) minutes. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. S. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. The dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this ordinance. 7. The dynamic LED signs may not exceed a maximum illumination of S, 000 nits (candelas per square meter) during daylight hours and a maximum illumination of S00 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. The dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. PLANNING & ZONING COMMISSION MINUTES PAGE 9 MARCH 3, 2009 CASE NUMBER: 2009-0303 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for Signage in Design Guidelines District INTRODUCTION Sargent explained that the Design Guidelines were adopted by the City Council after one year of preparation by a citizens group that included residents, as well as Central Avenue business owners. The guidelines represent the minimum standards for design quality and have been implemented by Discount Tire, Advanced Auto Parts, and Grand Central Lofts, all on Central Avenue. Ryland Homes, Inc. and Schafer Richardson have also used the guidelines in the redevelopment of the Industrial Park. The intent of the Design Guidelines is to give the Planning Commission and City Council greater discretion on the design of new construction in the City of Columbia Heights. Currently any type of new development along Central Avenue and 40th Avenue need to receive approval from the Planning Commission via the Site Plan Approval process. This includes existing businesses that want to add more signage or increase the size of their current sign. Saregent explained that staff has received several concerns from new businesses that want to erect signs, but have to wait for up to two months in order to gain site plan approval from the Planning Commission. In order to accommodate new businesses in the City, Staff recommends amending the Zoning Code to allow the issuance of new sign permits for existing tenant spaces without needing a site plan approval to do so. Staff feels that this would appease new businesses who want to place signs on their business as soon as possible, without having to wait for up to two months. It should be noted that signs that are a part of a new development in the Design Guidelines District would still require site plan approval. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. The proposed Zoning Amendment would allow for new businesses to erect their signage as soon as they could, rather than waiting for a site plan approval. ZONING ORDINANCE Section 9.113 (D)(4)(a) of the Zoning Code states that the Design Guidelines shall apply to all nonresidential, mixed-use and/or multi-family buildings, and to the following activities: 1. New construction; 2. Any e~terior changes, including repainting, with the exception of replacement or repair of existing materials; 3. Any internal remodeling or expansion activity that increases the overall size of the building by 10% or more; 4. Any development or expansion of parking areas that would result in a lot with more than four parking spaces; and 5. Minor alterations such as repainting may be handled administratively, as determined by the City Planner. PLANNING & ZONING COMMISSION MINUTES PAGE 10 MARCH 3, 2009 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: The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to preserve and enhance the existing viable commercial areas within the community, and to promote reinvestment in properties by the commercial and industrial sectors. The proposed Zoning Amendment would allow for new businesses to erect their signage as soon as they could, rather than waiting for a site plan approval. This would aid to the promotion of reinvestment into the commercial sectors of the City. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would affect all business owners throughout the city that are subject to the Design Guidelines. 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 amendment would not change the zoning classification of a particular property. 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 amendment would not change the zoning classification of a particular property. Staff recommends including language in the Design Guidelines that would allow for the installation of new signage on existing buildings to be handled administratively, as determined by the City Planner. Questions from members: Schmitt asked what defines an "existing building". Sargent explained the intent of the ordinance is a building or space that has previously had a tenant. A site plan approval would still be required for the first tenant of a new building or commercial space. However, if the first tenant vacates, the second tenant could be handled administratively. He reminded members that this amendment only pertains to wall signage, not to monument or freestanding signage. Schmitt then asked what the penalty was for businesses that fail to follow the proper process. Sargent said staff would contact the business and inform them of the need for a permit or site plan approval, as necessary. Public Hearing Opened: No one was present to speak on this issue. Public Hearin~ Closed. PLANNING & ZONING COMMISSION MINUTES PAGE 11 MARCH 3, 2009 Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Council approve the proposed zoning amendment, allowing for businesses subject to the Design Guidelines to place signage on existing buildings without the requirement of a site plan approval. All ayes. Motion Passed. DRAFT ORDINANCE NO. ~;XXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO SIGNAGE IN THE DESIGN OVERLAY DISTRICT WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.113 (D)(4)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.113 OVERLAY DISTRICTS. (D) Design Overlay District. (4) Applicability of design guidelines. (a) Design guidelines shall apply to all nonresidential, mixed use and/ar multi-family buildings, and to the following activities: New construction; 2. Any exterior changes, including repainting, with the exception of replacement or repair of existing materials; 3. Any internal remodeling or expansion activity that increases the overall size of the building by 10% or more; and 4. Any development or expansion of parking areas that would result in a lot with more than four parking spaces; 5. Minor alterations such as repainting, and the installation of new signage on existing buildings may be handled administratively, as determined by the City Planner. Section 2: This ordinance shall be in full force and effect from and after 30 days after its passage. CASE NUMBER: 2009-0304 APPLICANT: Ehtesham Khoyratty LOCATION: 4707 Central Avenue REQUEST: Site Plan Approval for New Construction INTRODUCTION Sargent explained that on June 3, 2008, Nelson Builders presented the Planning Commission with plans for the construction of approximately 55,000 square feet of retail and commercial space located at 4707 Central Avenue. At this time, Ehtesham Khoyratty, the owner of the development, is requesting a new site plan approval for the construction of approximately 36,000 square feet of retail a commercial space at the same location. PLANNING & ZONING COMMISSION MINUTES PAGE 12 MARCH 3, 2009 Due to market conditions and a slow economy, the applicant has decided to reduce the overall size of the development so that it can be built. The proposed plan indicates two changes from the previously approved site plan. The first is the elimination of the second story above the Aldi Grocery store. The second is a reduction in the overall size of the proposed parking ramp for the development. Eliminating the second story on the Aldi building decreases the overall square footage of the building from approximately 30,000 to 15,000 square feet. The reduction in the overall size of the proposed parking ramp is from 219 stalls to 206 stalls. COMPREHENSIVE PLAN The Comprehensive Plan designates the property as Transit Oriented Development. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. ZONING ORDINANCE The property located at 4707 Central Avenue NE is zoned MXD, Mixed Use Development District, as are the properties to east. The property to the north is zoned GB, General Business and the properties to the south are zoned R-3, Multiple Family Residential. The City of Hilltop is located to the west. PARI~ING REQUIREMENTS. The Zoning Code requires one (1) parking stall for each 300 square feet of gross office/retail space and enough parking to accommodate 30% of a restaurant's seating capacity. The proposed development includes approximately 36,000 square feet of office/retail space and the Buffalo Wild Wings restaurant will have a seating capacity of 228 patrons. In total, this requires 189 parking stalls. The development, which includes the two-story parking ramp, provides for 206 on-site parking stalls total. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a minimum of one over-story tree for each 20 spaces or fraction thereof as well. The property at 4707 Central Avenue has approximately 1,000 feet of street frontage along Central Avenue, 47th Avenue and Grand Avenue, and incorporates 206 parking stalls. This requires 20 trees and 11 over-story trees. The proposed plans indicate a total of 31 trees, 26 of which are over-story trees, meeting the City's minimum requirements. STORMWATER MANAGEMENT. Roughly 50% of the storm water from this site will be collected in an underground infiltration system, with the remainder diverted to the City's storm sewer pipe located in Central Avenue. The City is currently working with the developer in order to upsize the diameter of the storm sewer pipe, which is currently at capacity use. DESIGN GUIDELINES The property at 4707 Central Avenue is located in the Design Overlay Highway District and is subject to a set of specific development standards as outlined in the Design Guidelines. Some of the following areas of interest are as follows: PLANNING & ZONING COMMISSION MINUTES PAGE 13 MARCH 3, 2009 BUILDING PLACEMENT. Buildings shall have a well-defined front fa~ade with entrances facing the street. Larger buildings may be oriented perpendicular to the street provided that at least one entrance facing the street is provided. The proposed buildings will be oriented so that their well-defined front facades face Central Avenue. The Aldi's building will be perpendicular to Central Avenue, but the main Aldi 's entrance will face the street. BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet, in order to give the impression of a two-storied structure. The Aldi building is 23 feet in height, and the building to the south is a two-storied structure. Both of the buildings meet the minimum height requirement. PRIMARY FACADES. The base or ground floor of the building should include elements that relate to the human scale, including te~ture, projections, doors and windows, awnings, canopies or ornamentation. The proposed building incorporates all of these criteria, giving an appropriate mix of window coverage, projections, awnings and ornamentation suitable for the pedestrian scale. BUILDING MATERIALS. The building will incorporate rock face block, brick, stone, pre-finished metal panels and EIFS, which are all acceptable building materials for the district in which the building is located. FINDINGS OF FACT Site Plan Approval Section 9.104 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requirements of this article. The site plan meets all setback, building density, parking and Design Guidelines criteria pertaining to the Zoning Code. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan designates the property as Transit Oriented Development. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity or the public right-of-way. The Grand Central Commons site has been a redevelopment priority for the City of Columbia Heights and provides an opportunity for 36,000 square feet of new office and retail development along the major commercial corridor of Columbia Heights. The proposed plans for the construction of the two buildings meet all zoning and design guideline requirements, and the parking ramp will be an unobtrusive service to the public. For these reasons Staff recommends approval of the site plan for 4707 Central Avenue. PLANNING & ZONING COMMISSION MINUTES PAGE 14 MARCH 3, 2009 Questions from Members: Peterson asked if the reduction in parking spaces was due to the ramp size being reduced or the parking spaces being larger. Sargent stated the actual size of the ramp is being reduced. The second story (upper level) is being reduced and will no longer be connected to the commercial building to the north. The revised, smaller ramp will be less costly to build. Schmitt asked if an outdoor smoking area is part of the design. Sargent said there is a canopied area across the front of the building that may provide for this, but there are no plans for a specific patio area at this time. Schmitt stated she is happy that Buffalo Wild Wings would be moving to this location as was shown on the plans. Mr. .Khoyratty said he is hopeful they will be part of the plan. Thompson questioned whether both buildings and the ramp would be built at the same time, or if it would be in phases. Sargent replied that several issues with the financing and development agreements are still being negotiated, but the commission should assume that it will all happen at one time as presented. If anything in this plan is altered it would be addressed by the EDA and the City Council. Sargent told members their role is to approve or deny the plan as presented based on whether it meets the requirements or not. Public Hearing Opened: No one was present to speak on this matter. Public Hearin~ Closed. Motion by Schmitt, seconded by Thompson, to waive the reading of Resolution No. 2009-PZ04, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Thompson, seconded by Schmitt, to adopt Resolution No. 2009-PZ04, being a resolution approving a new site plan for the commercial development plan for the Grand Central Commons located at 4707 Central Avenue. All ayes. MOTION PASSED. RESOLUTION NO. 2009-PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A 36,000 SQUARE FOOT OFFICE/RETAIL DEVELOPMENT LOCATED AT 4707 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-0304) has been submitted by Ehtesham Khoyratty to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: PLANNING & ZONING COMMISSION MINUTES PAGE 15 MARCH 3, 2009 ADDRESS: 4707 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of an office/retail development located at 4707 Central Avenue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 3, 2009; 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 surrounding 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 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 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 ~) calendar pvear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. New tenants of the development would not need an additional site plan approval in order to obtain a sign permit for new signage, as long as the proposed signs meet the minimum Zoning Code standards. Passed this 3rd day of March 2009, Offered by: Thompson 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. Ehtesham Khoyratty Date PLANNING & ZONING COMMISSION MINUTES PAGE 16 MARCH 3, 2009 NEW BUSINESS None at this time. OTHER BUSINESS Sargent reminded members that a joint meeting will be held with the City Council on March l lth to hear the presentation by Bonestroo on the Comprehensive Plan Update. This will be an open meeting to obtain comments and input from the public regarding the goals established in this plan for our City over the ne~t ten years. The meeting was adjourned at 7:45 pm. Respectfully submitted, Shelley Hanson Secretary