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HomeMy WebLinkAbout2013-12-03CITY OF COLUMBIA HEIGHTS 590 - 40 "' Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 TIM (763) 706-3692 Visit our ivebsite at: ivww ci eolternLia- Geinhts.nm.as PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, DECEMBER 3, 2013 CITY HALL COUNCIL CHAMBERS 590 -40TH AVENUE NE 1. Roll Call Minutes June 18, 2013 meeting 2. Public Hearings: Case #2013 -1201, Site Plan Approval Louie Abuhkader, Applicant 4001 University Ave. NE. 3. New Business 4. Other Business 5. Adjourn MEMBERS: Marlaine Szurck, Chair Rob Piorendino Chris Little Tracey Kinncy Grace Lee 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 independent judgment. • Abstain from participation when they may directly or indirectly benefit from a planning decision. DRAFT COPY OF PLANNING AND ZONING COMMISSION MINUTES OF THE SPECIAL MEETING JUNE 18, 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 Absent- Lee Also present were Sheila Cartney (Asst. Community Development Director). Motion by Fiorendino, seconded by Kinney, to approve the minutes from the meeting ofJune 4, 2013. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2013 -0603 APPLICANT: Renaissance Fireworks LOCATION: 4005 Central Avenue NE REQUEST: Interim Use Permit Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4005 Central Avenue. The specific development standards for an outdoor sales /display establishment are found at Section 9.107 (C)(20), and will be added as conditions of approval for this permit. This will be the Renaissance's 9 "' year operating a fireworks tent at this location in Columbia Heights. The attached site plan illustrates the configuration and orientation of the fireworks tent to Central Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent prior to the business opening for operation. 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 4005 Central Avenue is CBD, Central Business District. Fireworks tents are allowed as Interim Uses in this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that conmiercial uses provide I parking space for each 300 square feet of use. Therefore, the existing 87,500- square foot cormnercial building is required to have 263 parking spaces. After using P &Z Minutes June 18, 2013 Page 2 the 13 parking spaces for the tent, the site will still have 282 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. Fireworks tents are an Interim Use in the CBD, Central 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 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. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded from adjacent residential uses. 4. The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent 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. The fire department will conduct an on -site survey prior to the business opening. All state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. 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 fireworks tent will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. The use will not cause a negative cumulative effect on other uses in the immnediate vicinity. As indicated by prior descriptions, the fireworks tent should not have a negative impact on other uses in the immediate vicinity, which are all zoned commercial. P &Z Minutes June 18, 2013 Page 3 Staff recommends that the Planning Commission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined below. Questions from members: Little and Szurek commented on how they were not happy that the applicant did not show up to the meeting especially since they requested the special meeting. Public Hearing Opened. No one present Public Hearing _Closed. Motion by Szurek, seconded by Fiorendino, to waive the reading of Resolution No. 2013 PZ03, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Kinney, to adopt Resolution No. 2013 -PZ03, being a Resolution approving an Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 19 to July 5, 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: The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. a. The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right -of -way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6 Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off-street parking provided one -site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty -two (32) square feet. All ayes. MOTION PASSED. P &Z Minutes June 18, 2013 Page 4 RESOLUTION NO.2013 -PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR RENAISSANCE FIREWORKS, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2013 -0603) has been submitted by Renaissance Fireworks to the Planning and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4005 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for a fireworks tent and sale for a period of no more than 90 days, per Code Section 9.110 (F)(4)(a). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 18,2013; 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 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. CONDITIONS ATTACHED: The Planning Commission approves the Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 19 to July 5, 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: P &Z Minutes June 18, 2013 Page 5 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. a. The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department. 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right-of-way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of oft - street parking provided one -site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty-two (32) square feet. Passed this I8 °i day of June 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. Mark Lazarehic Date CASE NUMBER: 2013 -0604 APPLICANT: Renaissance Fireworks LOCATION: 4300 Central Avenue REQUEST: Interim Use Permit for Seasonal Sales Renaissance Fireworks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4300 Central Avenue. Specific development standards for an outdoor sales /display establishment are found at Section 9.107 (C)(20), and will be added as conditions of approval for this P &Z Minutes June 18, 2013 Page 6 permit. This will be the Renaissance's 9t" year operating a fireworks tent in Columbia Heights and the first at this location. The attached site plan illustrates the configuration and orientation of the fireworks tent to Central Avenue. The plans will have to meet all applicable Fire Code regulations prior to operation. 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. Fireworks tents are allowed as Interim Uses 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. The proposed fireworks tent will occupy 15 parking stalls. After subtracting 30 parking spaces for the Linder's Greenhouses, the site still has 583 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 (I-I) 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. Fireworks tents 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 designates the properly for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed temporary use should not have any detrimental impact on neighboring properties because of its proximity to Central Avenue and because it is shielded ftrom adjacent residential uses. 4. The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent as proposed will have no impact on the use of adjacent properties. P &Z Minutes June 18, 2013 Page 7 The use will be designed, constructed, operated and maintained in a mamier that is compatible with the appearance of the existing or intended character of the surrounding area. The fare department will conduct an on -site survey prior to the business opening. All state requirements regarding fireworks sales will be complied with before the fire department will allow the operation of the business. 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 fireworks tent 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 fireworks tent should not have a negative impact on other uses in the immediate vicinity. Staff recorniends that the Planning Connnission approve the Interim Use Permit for a fireworks tent subject to conditions of approval outlined below. Questions from members: none Public Hearing Opened. No comments Public Hearing Closed. Motion by Szurek seconded by faorendino, to waive the reading of Resolution No. 2012 -PZ04, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Kinney, adopt Resolution No. 2012 -PZ04, being a resolution approving an Interim Use Permit to allow Renaissance Fireworks to operate a fireworks tent located at 4300 Central Avenue NE, from June 19 to July 5, 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. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. A. The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department. P &Z Minutes June 18, 2013 Page 8 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFTA Chapter 1124. 3. Fireworks tents located within the public right -of -way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. S. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6 Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off - street parking provided one -site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty -two (32) square feet. RESOLUTION NO.2013 -PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTERIM USE PERMIT FOR RENAISSANCE FIREWORKS WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2013 -0604) has been submitted by Renaissance Fireworks 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 a fireworks tent and sale, per Code Section 9.110 (E)(4)(a). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on June 18,2013; 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 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. P &Z Minutes June 18, 2013 Page 9 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. CONDITIONS ATTACHED: The Planning Commission approves the Interim Use Permit for a fireworks tent at 4005 Central Avenue NE, from June 19 to July 5, 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. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Community Development Department and the Fire Department. a) The Fire Department must inspect the above mentioned areas before any sales can take place and a fireworks sales fee must be paid to the Fire Department 2. The sale of fireworks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right- of-way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. 7. The fireworks tent shall not reduce the amount of off - street parking provided one -site below the level required for the principal use. 8. Signage shall be limited to two (2) professionally made signs, with a combined square footage not exceeding thirty -two (32) square feet. Passed this 18 °i day of June 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. Mark Lazarehic Date P &Z Minutes June 18, 2013 Page 10 OTHER BUSINESS Little questioned if we could expand the Interim Use Permit timeframes rather than approving them yearly. Cartney explained that the current ordinance allows for a maximum of 90 days per calendar year. Szurek mentioned she would like to speak to the City Council about alternatives so we aren't doing the same permits every year, that they could be done administratively or for longer periods of time. Cartney told members there will not be a meeting in July since no cases were received prior to the deadline. The meeting was adjourned at 7:15pm. Respectfully submitted, Shelley Hanson Secretary I MI W-11 WMAAM CASE NUMBER: 2013 -1201 DATE: December 3, 2013 TO: Columbia Heights Planning Commission APPLICANT: Louie Abuhkader LOCATION: 4001 University Avenue NE REQUEST: Site Plan Approval for New Restaurant PREPARED BY: Joe Hogeboom, Assistant Community Development Director INTRODUCTION Louie Abuhkader, in collaboration with Radwan Construction and Barr - Nelson, Inc., is proposing to construct and operate a restaurant /delicatessen on the property located at 4001 University Ave. NE. The applicant has obtained Site Plan approval in December, 2012 for the construction of a gas station. The applicant has since reconsidered the use of the site, and has determined that it is a more appropriate location for a restaurant. The previous building on this site was a gas station, which was destroyed by a fire. The building that is currently under construction is located on the original building pad. As part of the new proposal, the general configuration of the site is consistent with the original Site Plan that was approved. However, due to the change of use, a new Site Plan approval process is required. This property is located within the boundaries of the 40th Avenue Design Guidelines District. The proposed Site Plan does achieve the standards established for the District. The proposed restaurant is planned to be called "Kader Cafe', and will specialize in Greek and Palestinian cuisine. ZONING ORDINANCE The property located at 4001 University Avenue is located in the General Business (GB) Zoning District. The properties to the north and east are located in the Multiple Family (R -3) Residential Zoning District and the properties to the south are located in the General Business (GB) Zoning District. The properties across University Avenue to the west are located in the Multiple Family (R -3) Residential Zoning District. City of Columbia Heights Planning Commission December 3, 2013 4001 University Avenue — Site Plan Review Case # 2013 -1201 COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Constructing a new restaurant is consistent with the City's Comprehensive Plan. DESIGN GUIDELINES The subject property is located in the 40th Avenue Design Guidelines District. The following components are requirements of the Design Guidelines District: • The building should have a well- defined front fagade with primary entrances facing the street. • The building should be designed with pitched or flat roofs. • The base floor of the building should include elements that relate to human scale including texture, projections, doors, windows, awnings, canopies or ornamentation. • Building height shall be a minimum of 22 feet. • Window and door openings should comprise at least 30% of the area of the ground floor of the primary street fagade. A minimum of 20% of any two sides or rear facades at ground level shall consist of window and door openings and a minimum of 15% of all upper story facades shall consist of window or balcony door openings. • Building materials should be high - quality, durable and authentic. Primary materials can consist of brick, natural stone, precast concrete, and stucco. The two finishes on the building are precast veneer ( "Mammoth Stone Series ") and prefinished metal siding ( "Una- clad" Delta Concealed). • Parking should be located behind buildings, when feasible. In general, the proposed building meets the design guidelines. Parking will be located in front of the building because the building was constructed in the location of the previous building on the site. The current proposal is consistent with the gas station Site Plan that was approved in December, 2012. Signage will be addressed when the applicant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. Page 2 City of Columbia Heights Planning Commission December 3, 2013 4001 University Avenue — Site Plan Review Case # 2013 -1201 SITE PLAN As previously mentioned, the proposed building is located within the existing foundation space of the original building. The footprint of the building is 2,400 square feet. The General Business Zoning District setbacks, which are 15 feet in the front yard and 20 feet in the rear yard, are achieved with this proposal. The former gas pumps and canopy structure were removed in early November. 1. Parking City Code requires 30 parking spaces for the proposed use (including both the building and the outdoor patio). According to the site plan all parking can be accommodated onsite. According to the Site Plan, parking visible to the north will be screened by vegetative cover, and parking visible to the east will be screened by a fence. 2. Access Currently, the site has three curb cut accesses. One access is located on the Highway 47 Frontage Road, and two accesses are located on 40th Avenue (CSAH 2). Anoka County plans to create a right turn lane from 40th Avenue to University Avenue in the future. Therefore, under the direction of the City Engineer, the applicant intends to remove the westernmost access on 40th Ave. 3. Other Issues The fagade of the building has changed slightly since the original Site Plan was approved in 2012. The primary change is the removal of several second -story windows on the west - facing and south - facing facades. Despite the changes, the current Site Plan remains in compliance with the requirements of the 40th Avenue Design Guidelines District. Because the proposed use has changed from a gas station to a restaurant, the Site Plan now displays a 32 -seat patio. The patio is proposed to be fenced and covered by a pergola roof. Because the patio is on the side of the building that is adjacent to residential properties, staff recommends restricting the patio's hours of operation. FINDINGS OF FACT Section 9.104 (N) 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. Page 3 City of Columbia Heights Planning Commission December 3, 2013 4001 University Avenue - Site Plan Review Case # 2013 -1201 The site plan meets all applicable Design Guidelines for the property with a slight deviation in parking location. The Zoning Code requirements are achieved. b. The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. Constructing a new restaurant is consistent with the intent of the Comprehensive Plan. 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. With consolidating the entrances off 40th Avenue to one entrance, adverse impacts are lessoned on the public right -of -way. RECOMMENDATION Staff finds that the proposal for Kader Cafe is consistent with the City's Comprehensive Plan, and therefore recommends approval of the proposed Site Plan, subject to the following conditions: 1. All application materials, maps /plans, drawings and descriptive information submitted with this application shall become part of the permit. 2. Any new signage incorporated into the building or site shall meet the requirements of the 40th Avenue Design Guidelines District, and shall be approved through the Sign Permit process. 3. The memorandum from the Public Works Director /City Engineer, dated November 13, 2013, shall be a component of this approval. 4. The sidewalk and median on the south side of the building shall be changed from a width of 6 feet to a width of 7 feet to better accommodate front vehicle overhang and pedestrian access. 5. The existing payphone and clothing drop box on the southwest side of the site shall be removed prior to the issuance of a Certificate of Occupancy. 6. The location of the future gas meter shall be shown on all future plans. Page 4 City of Columbia Heights Planning Commission December 3, 2013 4001 University Avenue — Site Plan Review Case # 2013 -1201 The two proposed parking spaces adjacent to the patio area on the north side of the building shall not be constructed, and shall be removed from future site plans. 8. Future site plans must clarify the driveway location off of the Highway 47 Frontage Road, as well as surface runoff from the east side of the site. 9. The building shall be sprinkled. 10. Parking areas adjacent to residential properties shall be screened with fencing and /or landscaping that is 80% opaque year round. 11. The visual appearance of the trash enclosure shall be consistent with the visual appearance of the building. 12. The fence along the east side yard property line shall be repaired and made compliant with the City's property maintenance standards. 13. The hours of operation of the outdoor patio are restricted from open -9 pm on Sundays through Thursdays and open -10 pm on Fridays and Saturdays. Move to waive the reading of Resolution No. 2013 -PZ03, there being ample copies available to the public. Move to adopt Resolution No. 2013 -PZ03, being a resolution approving a site plan for a new restaurant located at 4001 University Avenue NE. ATTACHMENTS • Draft Resolution • Location Map • Memorandum from the Public Works Director /City Engineer dated November 13, 2013 • Site Plan • Elevations • Photos Page 5 CITY OF COLUMBIA HEIGI -ITS Public Works Department TO: JOE HOGEBOOM ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR FROM: KEVIN HANSEN PUBLIC WORKS DIRECTOR/CITY ENGINEER DATE: November 13, 2013 SUBJECT: 4001 University Avenue Site Plan Review I have reviewed the final plan submittal packet dated October 22nd, 2013 and have the following requirements /comments for final plan approval: General • If the existing parking lot is disturbed, erosion control shall be required to prevent soil from leaving or tracking off the site. This may include a vehicle tracking pad where all construction traffic is routed through. • All construction traffic shall access the site off of 40 °i Avenue. • Site /Civil work shall be inspected by the City Engineering Department (connection to public utility system). 24 -hour advance notice of an inspection is required. • The plans show the westerly most access off of 40t" Avenue as closed, and widening the easterly access off 40"' Avenue for this property. Anoka County Highway has review /approval of driveway access on their County Road system. (sheet CP -1) • The sewer service into the property that is connected to the sanitary manhole shall be disconnected if not in use. If intended to be reused, the sanitary sewer service shall be televised to evaluate its condition, and if found acceptable — lined. • The existing water service shall be disconnected at the main in accordance with City code. • The sidewalk and median provided on the south side of the building is shown at a width of 5' -0 ". Staff would recommend this width be either 6' -0" or 7 " -0" to better accormnodate front vehicle overhang and pedestrian access. (sheet CP -I) • At the SW corner of the site — please remove the pay phone and clothing drop. (sheet CP -I) • At the SW corner of the site — the existing pylon sign is shown to remain. Would a sign be better oriented parallel to, and closer to the 40 °i Avenue ROW? (sheet CP -1) • At the NW entrance off of the University Service Drive, there are three notations for existing curb and gutter to remain — please clarify. Also, is this drive intended to be one -way? (sheet CP -1) • On the east side of the building behind the dumpster — a notation is made "surface runoff into streets and...." — please clarify. (sheet CP -1) If you have any questions or need filrther information, please contact me at (763) 706 -3705. C: Lauren McClanahan, Public Works Superintendent Kathy Young, Assistant City Engineer KH:kh G: \Users\Public Works \plan revicas\20I0 \Savers_Pinal Site Plan.doc RESOLUTION NO. 2013 -PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW RESTAURANT AT 4001 UNIVERSITY AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2013 -1201) has been submitted by Louie Abuhkader, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4001 University Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval forthe construction of a new restaurant building located at 4001 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required bythe city Zoning Code on December 3, 2013; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regardingthe 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 reviewingthe proposal, thatthe 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 -PZ03 CONDITIONS ATTACHED: 1. All application materials, maps /plans, drawings and descriptive information submitted with this application shall become part of the permit. 2. Any new signage incorporated into the building or site shall meet the requirements of the 40th Avenue Design Guidelines District, and shall be approved through the Sign Permit process. 3. The memorandum from the Public Works Director /City Engineer, dated November 13, 2013, shall be a component of this approval. 4. The sidewalk and median on the south side of the building shall be changed from a width of 6 feet to a width of 7 feet to better accommodate front vehicle overhang and pedestrian access. 5. The existing payphone and clothing drop box on the southwest side of the site shall be removed prior to the issuance of a Certificate of Occupancy. 6. The location of the future gas meter shall be shown on all future plans. 7. The two proposed parking spaces adjacent to the patio area on the north side of the building shall not be constructed, and shall be removed from future site plans. 8. Future site plans must clarify the driveway location off of the Highway 47 Frontage Road, as well as surface runoff from the east side of the site. 9. The building shall be sprinkled. 10. Parking areas adjacent to residential properties shall be screened with fencing and /or landscaping that is 80% opaque year round. 11. The visual appearance of the trash enclosure shall be consistent with the visual appearance of the building. 12. The fence along the east side yard property line shall be repaired and made compliant with the City's property maintenance standards. 2 13. The hours of operation of the outdoor patio are restricted from open -9 pm on Sundays through Thursdays and open -10 pm on Fridays and Saturdays. Resolution No. 2013 -PZ03 Passed this 3`d day of December, 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. 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