HomeMy WebLinkAbout2013-03-05CITY OF COLUMBIA HEIGHTS
590 - 4016 Avenue NE, Colombia lleights, MN 554243878 (763) 706 -3600 7'DD (763) 706 -3692
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MEMBERS:
Mmiaine Snuck, Chair
Rob Fiorendino
Chris Little
Tracey Kinney
Keith Roberts
PLANNING AND ZONING COMMISSION MEETING
7:00 PM TUESDAY, MARCH 5, 2013
CITY HALL COUNCIL CHAMBERS
590 - 40TH AVENUE NE
1. Roll Call
Minutes February 5, 2013 meeting
2. Public Hearings:
Case #2013 -0103, Site Plan Review for a proposed restaurant addition with outdoor
seating
EIN Karem Properties LLC
4920 Central Avenue
Case #2013 -0203, Interim Use Permit for outdoor greenhouse
Linders Greenhouse
4300 Central
3. New Business
4. Other Business
5. 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 natural environment and the heritage of the built environment.
• Exercise fair, honest, and independentjudgment.
• Abstain from participation when they may directly or indirectly benefit from a
planning decision.
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
FEBRUARY 5, 2013
7:00 PM
The meeting was called to order at 7:00 pm by Chair Marlaine Szurek.
Commission Members present- Little, Fiorendino, Kinney, and Szurek
Also present were Sheila Cartney (Asst. Community Development Director), and Shelley Hanson
(Secretary) and Gary Peterson (Council Liaison).
Motion by Fiorendino, seconded by Little, to approve the minutes from the meeting of.Ianuary 2,
2013. All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2013 -0102
APPLICANT: Tier 2 Funding
LOCATION: 470i and Central Ave NE Grand Central Lofts 2i° Addn.
REQUEST: Preliminary Plat Approval, Vacation of Drainage and Utility
Easements, Site Plan Approval
Cartney explained that at this time, the applicant is requesting three approvals to build 9 detached
single family homes. They are as follows:
1. A Preliminary /Final Plat approval.
2. The vacation of Drainage and Utility Easements.
3. A Site Plan Approval.
The original plan was approved for 11 attached townhome units.
BACKGROUND
In 2003, a site plan was approved for three condominium buildings containing 66 units each and 21
townhomes in six groupings, with associated open space and a community center. The request is to
"replat" the townhome lots and outlet (leaving the condos and community center as is). The
townhomes were originally platted as Lots 1 -4, Block 1, Lots 1 -4 Block 2, Lots 1 -2 Block 3, Lots 1 -3
Block 4, Lots 1 -4 Block 5, Lots 1 -4 Block 6, and Outlet B, Grand Central Lofts Second Addition. The
community center is Lot 1 Block 7, Grand Central Lofts Second Addition. Ten townhouses have been
built at this time. The townhouses were approved with a stucco and stone veneer finish with a half -
timber decorative accent.
COMPREHENSIVE PLAN
The subject property is guided Transit Oriented Development in the 2010 Comprehensive Plan.
Transit - oriented development land use areas typically include a mix of retail, office and higher
density residential uses, and are located along University Avenue and Central Avenue due to the
frequency of transit service along these corridors. Replacing townhomes with small lot single family
homes is consistent with the comprehensive plan designation and goals.
P & Z Minutes
Page 2
February 5, 2013
ZONING ORDINANCE
The subject site is zoned MDX, Mixed Use District as are the properties to the south. The properties
to the east are zoned R -2A, One and Two Family Residential and the properties to the north are zoned
R -1 Single Family Residential, the properties to the west are zoned GB, General Business.
Preliminary /Final Plat
As stated before the applicant is proposing the reduce the remaining 11 townhouse lots down to 9
single family lots, by way of Preliminary and Final Plat. This will also cause some drainage and
utility easements to be vacated. The townhouses that are built will remain as originally platted as well
as the community center. The new Plat Cottages at Grandview will create Lots 1 -9 Block 1, Outlot A
and Outlot B. Each house will be platted on their own lot. The majority of the lots will be 4,050
square feet while two lots will be 4,350 square feet (originally 2,460). The existing drainage and
utility easements for Lots 1 -3 Block 4, Grand Central Lofts Second Addition will be vacated and
rededicated with the Cottages at Grandview Plat. The roads will remain private, but will be installed
in accordance with Engineering standards plates.
Site Plan Approval
As previously explained the applicant is proposing a new plat to create 9 single family lots replacing
the 11 previously approved attached townhouses. The subject site is located in the Highway District
of the Design Guidelines. The new single family homes will be part of the association however the
exact details have not been worked at the time this report was written.
LOTS: The subject property is zoned Mixed Use and does not have specific lot size and setback
requirements. The average proposed lot is 4,050 square feet and two lots are 4,250 square feet. The
proposed setbacks are from— 15 feet, rear= 10 feet, sides =5 feet. Each lot will have their own driveway
and garage for parking.
BUILDING DESIGN:
The design guidelines specifically allow the following materials for residential development in the
Highway District: wood, consisting of horizontal lap siding with an exposure no greater than 5 inches
or wood shakes; surfaces must be painted; Synthetic wood (fiber cement) siding resembling
horizontal lap siding, such as Hardiplank and similar materials. As proposed the single family homes
will meet this requirement. A hardboard LP siding is proposed with wood and shake accents similar
to what is on the townhouses now. The color scheme is neutral (attached).
LANDSCAPING:
A majority of the original landscaping requirements have been met. The applicant will install 8 -9
evergreen trees in the backyard of the new lots.
P & Z Minutes
Page 3
February 5, 2013
FINDINGS OF FACT
Preliminary Plat
Section 9.104 (K) of the Columbia Heights zoning code requires that the City Council make each of
the following findings before approving a preliminary plat:
The proposed preliminary plat conforms to the requirements of §9.115.
Code Section 9.115 is the Subdivision Regulations. The preliminary plat application meets
all the requirements outlined in this section.
2. The proposed subdivision is consistent with the Comprehensive Plan.
Replacing townhomes with small lot single family homes is consistent with the comprehensive
plan designation and goals.
3. The proposed subdivision contains parcel and land subdivision layout that is consistent with
good planning and site engineering design principles.
The preliminary plat reduces the number of lots and units in the same area in an attempt to
promote good planning design principles.
Vacation
Section 9.104 (I) of the Columbia Heights zoning code requires that the City Council make each of
the following findings before vacating a street, or other public alley or right -of -way:
1. No private rights will be injured or endangered as a result of the vacation.
Drainage and utility easements are being vacated with the new plat on account of the new lot
configuration. These easements serve the same purpose as originally approved.
2. The public will not suffer loss or inconvenience as a result of the vacation.
The drainage and utility easements that are being vacated are due to lot configuration and
new drainage and utility easements will placed on the new lots, therefore serving the same
purpose; there is no loss or inconvenience.
Site Plan Approval
Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the
following findings before approving a site plan:
The site plan conforms to all applicable requirements of this article
The site plan conforms to parameters of the Mixed Use Zoning District and the Design
Guidelines, and conforms to all other applicable requirements of the code.
2. The site plan is consistent with the applicable provisions of the city's comprehensive plan.
The site plan is consistent with the Comprehensive Plan, as it is a redevelopment initiative
that will provide housing along the Central Avenue corridor and provide a mixed use near
transit.
P & Z Minutes
Page 4
February 5, 2013
The site plan is consistent with any applicable area plan.
There is no applicable area plan far this section of the city.
4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the
public right -of -way.
The subject site is surrounding by residential and commercial uses. The proposal reduces the
number of units and lots lessening the impact to the area.
Cartney told members that the water connections need to be made to the main and that they will be
altered somewhat from the original plan. The developer is working with the Public Works
Department to do the appropriate connections per the City's requirements. Staff recommends
approval of the Preliminary Plat, the Vacation of Drainage and Utility Easements, and the Site Plan.
uestions from members:
Little asked if these homes would be part of an HOA. Cartney responded that they would be part of
the Master Association and possibly part of the townhouse association as well. Those details are still
being worked out by attorneys. He wanted to know if there were any restrictions in the previous plan
regarding the units being used as rental property. Cartney said she believed there was, but doesn't
know the exact percentage. That issue will be dictated by the association documents.
Kinney asked if there would be terracing behind the units due to the steep elevation change, and if
there would be any fencing restrictions since the yard areas are so small. Kinney also was concerned
that she didn't see any plans for sidewalks in front of the homes and this is supposed to be a
pedestrian friendly development as it is in the Transient Oriented Zoning District.
Brent Hislop from Synergy and Tom Koosman from Tier 2 (Builder) were present to answer
questions. Hislop stated it is their intent and the HOA's that these units be owner occupied. He
believes the documents will require 90% + be owner occupied. I-Iislop then addressed the elevation
issues and stated the rear elevations will be similar to what was originally planned if the attached
townhomes would have been constructed. He said these detached homes will have lookout
basements and the properties will be re- graded accordingly and evergreens will be planted behind the
units. Hislop also stated that it will be written into the HOA does that fencing will not be allowed.
Fiorendino asked why the developer decided to change from townhouses to detached style homes on
small lots to finish this portion of the development. I-Iislop said the market went through a big
change over the last 6 years and this proposal is to meet the current market demand. He said this type
of housing is more attractive to today's buyers.
Little asked what price point they would be looking at for these units. Hislop thought they would be
in the price range of $250,000- $300,000.
P & Z Minutes
Page 5
February 5, 2013
Public Hearing Opened:
Paul Biernat from 1070 Grandview Court was there to represent the Condo Building Association and
the Master Association. He wanted to make sure the builder and developer are aware of certain
issues:
1. The drainage on this entire site is poor. There is flooding and water issues on several of the
lots. The drainage pond Pills up for at least a day or more and believes that the basements of
the proposed homes will flood.
2. The extra water hook ups that aren't used will have to be capped. He wants that done on the
inside of the water line so the street is not disturbed. He would also like to see as many of the
unused comnections get re- purposed for the irrigation system as possible. The Associations do
not want the integrity of the private street that was just resurfaced damaged in any way.
Hislop agreed with Mr. Biernat and the associations. There will probably be three connections not
used for the water lines to the new homes. He is proposing to use two of them for the irrigation
system. However, there still may be a need to cap one or more of the hookups and this will require
cutting into the street. He has discussed this with the City Engineer who has stated this proposal is
inconsistent with City procedure based on an Ordinance passed by the City Council. The City
Engineer cannot grant permission to violate an Ordinance. The City Council is the only body who
can grant exceptions to Ordinance requirements.
Szurek stated this matter will be noted in the minutes of the meeting for the City Council's
consideration.
Hislop stated that both he and the builder don't want water issues in the basements either. He will
double check with the City Engineer to confirm that the current drainage pond design was approved
as adequate for the previous development plan. It is possible that something in the system is plugged
which may affect how the system functions. I-Ie said this new plan will have less impervious surface
so it shouldn't make it worse if it was designed correctly to begin with.
John Bush from 1070 Grandview Court said he bought his condo as a retirement place. He said the
building is basically young professionals with no children or those close to retirement. I-Ie was
concerned that the demographics of the area will be changed and he doesn't feel it is a "family
oriented area ". He also mentioned the steep elevations and the open drainage pond as not being a
safe environment for children. He realizes that when times are tough, plans get changed, but he
doesn't want to see the wrong thing done. He stated he thinks the City owes something to the present
owners.
Fiorendino asked what he thought would be a better use. Bush said he would rather see townhomes
constructed as they wouldn't attract families, and to wait longer for that market to pick up.
Fiorendino reminded him that it has been almost 10 years with no progress on that site, and he feels
the proposed plan is actually similar to what was originally proposed, except the living units are
P & Z Minutes
Page 6
February 5, 2013
detached from one another. Bush then went on about the inspector not doing a good job inspecting
when the condo buildings were built. He said the windows are poor quality and the units are cold and
there is flooding during heavy rains on most of the grounds. These matters are not necessarily
inspection related, but quality of construction materials for the most part.
Little asked the builder if all the units would be built on speculation of sale. Hislop said they would
first construct a model home and when that sells they would start another. Little told Bush that he
lives in a townhouse himself and that children live in townhouses too, and there is no way to dictate
what type of unit people with children should buy. The market has changed and many young
families prefer to be part of associations so they do not have the yard work and outside maintenance
to contend with. Little asked I-Iislop if he had done a market study. I-Iislop stated that they have
worked with the Builder's Association and various Realtors who state this is the type of housing
buyers are now looking for. Buyers are looking for units to have enough space, without common
walls, and no yard maintenance. This project would most likely attract young professionals who
work or seek entertainment downtown and this location provides easy access for that.
Kinney again stated that she is concerned that' /4 of the development had sidewalks and that none are
planned for this east side.
Linda Arnold from 4813 Grand Ave is President of the Townhouse Board. She questioned Kinney
about her concern regarding the sidewalks. Kinney stated it is a general requirement for this zoning
district. I-Iislop stated that after reviewing the pictures of the development there are no sidewalks
currently along the west side or north side townhouses. The only place there is sidewalks is along the
south side of the townhouses, and around the Community Center. That was the way the original plan
was approved.
Arnold explained that the 9 new units will be part of the Master Association. She doesn't know if it
will also be part of the townhouse association or a separate association. Lawyers are working on it so
it hasn't been decided yet. It was agreed that the rental restrictions should be similar to the other
associations. She stated that the neighbors would like to see 3 BR, plus lofts or dens, rather than 4
BR homes which would certainly attract families with children. Arnold told the Commission that
they did a straw poll at their meeting the other night and that 18 out of 19 were in favor of the
development.
Renee Tasaka from 1120 Lincoln Terrace got a letter regarding this project and didn't understand
why. Fiorendino explained she got the letter because she lives close to the area, but she has no direct
involvement or responsibility regarding the construction.
There was a question about the height of the proposed houses compared to the townhouses that were
originally planned. Hislop stated the height the houses are the same as the townhouses that are
currently on site. He again reviewed the plan to minimize the elevation or slope behind the houses.
Kristin Erickson of 4837 Grand Ave is concerned about the pond flooding once more roofs are added
that will drain into it.
P & Z Minutes
Page 7
February 5, 2013
Karen Kukiella of 4858 Grandview Court said the City Engineer should look at the water ruining out
of the Cheery Heights neighborhood onto their property. Some of the drainage is diverted directly
onto the Grandview site. She said that if some of that water was re- directed it may alleviate some of
their issues. She said the water from Cheery Heights has washed out the boulder retaining walls in
the past. Kukiella said there at least three houses that direct their gutters onto the Grandview site.
Szurek stated that is good information and that it will be passed onto the City Engineer so it can be
looked into further.
Fiorendino asked what input the Engineering has in this process. Cartney explained that the City
Engineer reviews and approves the Preliminary Plat and the final Site Plan. Cartney will forward the
information discussed at this meeting to him.
Andrea owns one of the townhomes on the south end which is on a flatter lot. She said that even her
lot floods and has standing water on it when it rains.
Public Hearing, Closed.
Fiorendino told the audience that the Commission will be approving the Site Plan and vacation of the
easements, but the City Council is the approving body for the Preliminary Plat. So this item will go
to the City Council at the February 11, 2013 meeting.
Motion by Fiorendino, seconded by Kinney, that the Planning Commission recommend the City
Council approve the preliminary plat based on following 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. Each lot will require erosion control measures — they need to be installed and inspected by
the City prior to any site activities beginning (as lots are built).
2. Catch basin inlet protection shall be provided on the downstream catch basins.
3. All work within public easement shall be inspected by the City Engineering Department. 24-
hour advance notice of an inspection is required.
4. At the street cuts — the street restoration shall be in accordance with Engineering standard
plates. The pavement wear course was placed in 2012, which requires curb to curb pavement
restoration.
5. Curbing installation shall meet City standard plate requirements.
6. New sewer and water service installations and service disconnects shall be inspected by
Public Works.
7. That the capping of the water connections be brought to the City Council's attention for
consideration. (As referenced in these minutes -- page 5).
All ayes. MOTIONPASSED.
P & Z Minutes
Page 8
February 5, 2013
Motion by Fiorendino, seconded by Kinney, that the Planning Commission recommends approval of
the requested vacation of drainage and utility easements. All ayes. MOTIONPASSED.
Motion by Fiorendino, seconded by Kinney, to waive the reading of Resolution No. 2013 -PZ01, there
being ample copies available to the public. All ayes. MOTION PASSED.
Motion by Fiorendino, seconded by Kinney, to adopt Resolution No. 2013 -PZOI, being a resolution
approving a site plan for 9 single family lots located at Grandview Cottages subject to the following
conditions:
1. The approved plans are limited to 9 detached single family homes
2. The styles of homes are limited to the three plans that are shown as Plan A,B,C on Concept
Elevations Sheet received December 3, 2012
3. Exterior color package is limited to the colors presented on color package sheet dated
received on December 3, 2012
All ayes. MOTION PASSED.
RESOLUTION NO.2013 -PZOI
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN
FOR THE CONSTRUCTION OF 9 SINGLE FAMILY HOMES LOCATED AT COTTAGES AT
GRANDVIEW WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2013 -0102) has been submitted by Tier 2 Funding to the Planning and Zoning
Commission requesting a site plan approval from the City of Colmnbia Heights at the following site:
ADDRESS: Cottages at Grandview (47 °i and Central Ave)
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the
construction of a 9 single family homes located at Cottages of Grandview (47 °i and Central Avenue NE).
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
February 5, 2013;
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:
P & Z Minutes
Page 9
February 5, 2013
1. The site plan conforms to all applicable requirements of this article.
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 (1) calendar year alter the
approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The approved plans are limited to 9 detached single fmnily homes
2. The styles of homes are limited to the three plans that are shown as Plan A,B C on Concept
Elevations Sheet received December 3, 2012
3. Exterior color package is limited to the colors presented on color package sheet dated received on
December 3, 2012.
Passed this 5 °i day of February 2013.
Offered by: Fiorendino
Seconded by: Kinney
Roll Call: All ayes
Chair
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.
Tier 2 Funding Date
OTHER BUSINESS
There was no other business.
The meeting was adjourned at 8:00 pm.
Respectfully submitted,
Shelley Hanson
Secretary
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2013 -0301
DATE: March 5, 2013
TO: Columbia Heights Planning Commission
APPLICANT: EIN Karem Properties LLC
LOCATION: 4920 Central Avenue
REQUEST: Site Plan Approval
PREPARED BY: Sheila Cartney, Assistant Community Development Director
INTRODUCTION
At this time, Mr. Maher Ismail is requesting a site plan approval for an addition to the
existing building at 4920 Central and for the construction of an outdoor patio located in
the front and side of the building for his proposed restaurant Maher's, (former Nalapak
Restaurant). In 2008 the former Nalapak Restaurant received Site Plan approval for an
outdoor patio in front of the restaurant with 16 seats; the applicant is increasing the
outdoor patio to the south side of the building and the seating to 40 seats.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for Commercial related activities. One of the
goals of the Comprehensive Plan is to promote reinvestment in properties by the
commercial and industrial areas. The proposed project is consistent with the
Comprehensive Plan, as it is a reinvestment into an existing commercial building. The
type of use of the building as a restaurant is also consistent with the designated
Comprehensive Plan guidance.
ZONING ORDINANCE
The property is located in the General Business District (GB), as are the properties to
the north, south and east. The properties to the west are zoned R -213, One and Two
Family Residential. The parcel is also located within the Design Guidelines Highway
District, and will be subject the regulations for such properties.
PARKING.
The City Code requires the number of parking stalls equal to 30% of the building
capacity of the restaurant, which is 140, requiring 42 parking stalls. With the proposed
City of Columbia Heights Planning Commission March 5, 2013
Maher's Site Plan, 4920 Central Avenue Case # 2012 -0301
outdoor seating area, the restaurant will have 40 additional seasonal seats. The parking
ordinance does not provide parking requirements for outdoor seating, but based on
seating capacity 12 more stalls would be required for a total of 54 stalls. According to
the submitted site plan 55 stalls are onsite. The applicant proposes to re- stripe the
parking lot to make access and parking easier.
The outdoor seating will be surrounded with removable planters and will not be fenced
in. Again the City Ordinance does not address patio seating, but other patios in the city
have been fenced in. The proposed restaurant is not planning to serve alcohol, which
has been one of the main factors for fencing in the outdoor patios.
The property is located along Central Avenue, and will be subject to the Design
Guidelines for the "Highway District ".
DESIGN GUIDELINES
The proposed Mediterranean restaurant located at 4920 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 40t 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.
EXTERIOR DESIGN.
As proposed the existing building will have a false second story added to the front of the
building. Not only will this increase the building height to 33 feet, which is consistent
with design guidelines, the addition will also add different textures, awnings and
ornamental features to the front and sides of the building again consistent with design
guidelines. Large brick faced pillars will be added to the front and sides as accents. The
existing blue on the building will be covered in stucco and painted with neutral browns.
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.
2. The site plan is consistent with the applicable provisions of the city's
comprehensive plan.
Page 2
City of Columbia Heights Planning Commission March 5, 2013
Maher's Site Plan, 4920 Central Avenue Case # 2012 -0301
The proposed project is consistent with the Comprehensive Plan, as it will
promote reinvestment in properties by the commercial and industrial sectors.
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.
RECOMMENDATION
Move to waive the reading of Resolution No. 2013 -PZ02, there being ample copies
available to the public.
Move to adopt Resolution No. 2013 -PZ02, being a resolution approving a site plan, for
an addition and outdoor eating area for a proposed Mediterranean Restaurant, subject
to the following condition:
1. The parking stalls must meet the minimum width and length requirements of the
Zoning Ordinance as well as the drive aisle width.
2. The outdoor patio seating is limited to 10 tables with four chairs each (for a total
of a 40- seating area)
3. The addition shall be consistent with the plans dated received February 27,
2013
ATTACHMENTS
• Resolution
• Location Map
• Site Plan
Page 3
RESOLUTION NO.2013 -PZ02
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A
SITE PLAN FOR AN ADDITION AND APPROVAL OF AN OUTDOOR PATIO FOR A
RESTAURANT AT 4920 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA
HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case 42013 -0301) has been submitted by EIN Karem Properties LLC, to
the Planning and Zoning Commission requesting a site plan approval from the City of Columbia
Heights at the following site:
ADDRESS: 4920 Central Avenue
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the
construction of a building addition and approval of an outdoor patio for 10 tables and 40
seats at a restaurant located at 4920 Central Avenue.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on March 5, 2013;
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.
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 1
calendar year after the approval date, subject to petition for renewal of the permit.
Resolution No. 2013 -PZ02
CONDITIONS ATTACHED:
2
1. The parking stalls must meet the minimum width and length requirements of the Zoning
Ordinance as well as the drive aisle width.
2. The outdoor patio seating is limited to 10 tables with four chairs each (for a total of a 40-
seating area)
3. The addition shall be consistent with the plans dated received February 27, 2013
Passed this 5°i day of March 2013.
Offered by:
Seconded by:
Roll Call:
Ayes:
Nays:
Chair
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.
EIN Karem Properties LLC Date
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CASE NUMBER: 2013 -0203
DATE: March 5, 2013
TO: Columbia Heights Planning Commission
APPLICANT: Linder's Greenhouses, Inc.
LOCATION: 4300 Central Avenue, Rainbow Parking Lot
REQUEST: Interim Use Permit for Seasonal Sales
. .�
PREPARED BY: Sheila Cartney, Assistant Community Development Director
INTRODUCTION
Linder's Greenhouses has applied for an Interim Use Permit to allow the operation of a
seasonal mini - garden center for flowering plants and retail sales. The specific
development standards for an outdoor sales /display establishment are found in Section
9.107 (C)(28), and will be added as conditions of approval for this permit. This will be
Linder's 24th year operating a temporary greenhouse at this location in Columbia
Heights.
The attached site plan illustrates the configuration of two structures plus a patio area in
front. This site plan and configuration remains unchanged from previous years. A
fence will enclose the patio and connect to each structure. The greenhouse structures
will be the same as previous years with four, six -foot doors remaining open at all times
during business hours. There will be at least four fire extinguishers in the Flower Mart
and all smoking will be prohibited. 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.
City of Columbia Heights Planning Commission March 5, 2013
Linder's Greenhouse - Interim Use Permit Case # 2013 -0203
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.
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:
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 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.
3. 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 greenhouse 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.
Page 2
City of Columbia Heights Planning Commission March 5, 2013
Linder's Greenhouse - Interim Use Permit Case # 2013 -0203
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.
Linder's has been in operation for 24 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.
RECOMMENDATION
Staff recommends that the Planning Commission approve the Interim Use Permit for
seasonal agricultural sales subject to conditions of approval outlined below.
Motion: The Planning Commission approves the Interim Use Permit for seasonal
agricultural sales at 4300 Central Avenue NE from April 15 through July 15, 2013,
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 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 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.
5. The outdoor storage shall be located as indicated on the site plan.
Page 3
i of Columbia Heil
Linder's Green
hts Planning Commission
Interim Use Permit
March 5, 2013
Case # 2013 -0203
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.
ATTACHMENTS
• Location Map
• Resolution
• Letter from Linder's
■ Site Plan
• Elevations
Page 4
Z
RESOLUTION NO.2013 -PZ01
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN
INTERIM USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY
OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2013 -0203) 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, 2011 to July 15, 2013.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning
Code on March 5, 2013;
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 Commnission 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 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 disturbing 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. 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 1
calendar year after the approval date, subject to petition for renewal of the permit.
Resolution No. 2013 -PZO1
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 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.
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 51" day of March 2013,
Offered by:
Seconded by:
Roll Call:
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.
Date
Linder's Flower Marts
Mr. Jeff Sargent February 1, 2013
City of Columbia Heights
590 40th Ave NF.
Columbia Heights, MN 55421 -3878
Dear Mr. Sargent,
Attached to this letter is my application for the 2013 Linder's Flower Mart at the Central Value
Mall at 44th and Central. The season for 2013 is planned to be from April 15 thru July 15. We plan
to start the set -up about the end of March, as we always done. The season corresponds to all the
other seasons which we have been at this location. We are eager to return for our twenty- fourth
successful year in Columbia Heights.
We have developed a very loyal customer base in Columbia Heights who looks forward to our
returning year after year. They always want the consistent quality that we provide as well as our
excellent customer service. Linder's considers Columbia Heights to be one of our best Flower Mart
locations.
We will be locating in the same location as we have for these past years.
1. There is no parking adjacent to the Flower Mart. We do not allow smoking and place many
signs to that effect. Smoking is harmful to the plants.
2. There are four 6 foot doors which remain open at all times during business hours.
3. There will be at least two fire extinguishers in the Flower Mart
4. The flammability information on the poly is in the enclosed material.
If you have any questions about this application please call me. I will address any issues promptly.
We feel we are an asset to this community and want to grow here to meet our customers needs.
Please let me know when this item will be on the agenda for consideration. I look forward to a
successful spring season in 2013 in Columbia Heights.
Any questions or concerns please call me at 612- 685 -7993 or email caiocellaglinders.com.
Sincerely,
Caio Cella
General Manager Flower Mart Division
www.Linders.com
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