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HomeMy WebLinkAbout3-5-13PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MARCH 5, 2013 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Kinney, Roberts, and Szurek Members Absent- Fiorendino Also present were Sheila Cartney (Asst. Community Development Director), and Shelley Hanson (Secretary) and Gary Peterson (Council Liaison). Motion by Kinney, seconded by Roberts, to approve the minutes from the meeting of February 5, 2013. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2013-0301 APPLICANT : EIN Karem Properties LLC LOCATION: 4920 Central Avenue NE REQUEST: Site Plan Approval Cartney explained that 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-2B, 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 outdoor seating area, the restaurant will have 40 additional seasonal seats. The parking ordinance does not provide parking P & Z Minutes Page 2 March 5, 2013 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 40th 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: The site plan conforms to all applicable requirements of this article The proposed site plan meets all the requirements pertaining to setbacks, parking, and public access for the district in which it is located. The site plan is consistent with the applicable provisions of the city’s comprehensive plan. The proposed project is consistent with the Comprehensive Plan, as it will promote reinvestment in properties by the commercial and industrial sectors. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. P & Z Minutes Page 3 March 5, 2013 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. Staff recommends approval of the Site Plan. Questions from members: Kinney asked if the parking area had to be screened. Cartney explained that it is not required on the north or south side of the property since those are also commercial properties, and that there is currently a six foot fence along the west side of the property to separate the commercial and residential sites. Kinney then asked if the sidewalk along Central Avenue would be kept. Cartney stated that the sidewalk is actually part of the Highway Right of Way and that it would not be changed. Kinney then asked if the 33 foot height of the façade was to match the height of the Liquor Store. Cartney explained to members that the extra height is a requirement of the Design Guidelines and that they are able to go as high as 35 feet. The building will be higher than the Liquor Store next door, but is within the guidelines. The owners feel the added height will make it more noticeable and will attract customers. Little welcomed the new design and thinks it looked nice. Public Hearing Opened. The new owners, Mr. & Mrs. Maher and their architect were present to answer any questions. No one else was present to speak on this issue. Public Hearing Closed. Motion by Little, seconded by Kinney, to waive the reading of Resolution No. 2013-PZ02, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Little, seconded by Kinney, 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 conditions: The parking stalls must meet the minimum width and length requirements of the Zoning Ordinance as well as the drive aisle width. The outdoor patio seating is limited to 10 tables with four chairs each (for a total of a 40-seating area) The addition shall be consistent with the plans dated received February 27, 2013. All ayes. MOTION PASSED. P & Z Minutes Page 4 March 5, 2013 Cartney told members that this item will go before the City Council as a courtesy at the March 11, 2013 meeting. 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 #2013-0301) 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: The site plan conforms to all applicable requirements of this article. The site plan is consistent with the applicable provisions of the city’s comprehensive plan. The site plan is consistent with any applicable area plan. 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. CONDITIONS ATTACHED: The parking stalls must meet the minimum width and length requirements of the Zoning Ordinance as well as the drive aisle width. The outdoor patio seating is limited to 10 tables with four chairs each (for a total of a 40-seating area) The addition shall be consistent with the plans dated received February 27, 2013. P & Z Minutes Page 5 March 5, 2013 Passed this 5th day of March 2013. Offered by: Little 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. _______ EIN Karem Properties LLC Date CASE NUMBER: 2013-0203 APPLICANT: Linder’s Greenhouses, Inc. LOCATION: 4300 Central Avenue, Rainbow Parking Lot REQUEST: Interim Use Permit for Seasonal Sales Cartney told members that 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. P & Z Minutes Page 6 March 5, 2013 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: 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. 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 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. 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 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. P & Z Minutes Page 7 March 5, 2013 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. 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: Roberts asked if this is the same situation as previous years. Cartney said it is the same request and that they have operated at this location for 24 years. Public Hearing Opened: No one was present to speak on this issue. Public Hearing Closed. Motion by Kinney, seconded by Roberts, that 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: Outdoor agricultural/produce sales located within the public right-of-way are prohibited. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. The outdoor storage shall be located as indicated on the site plan. 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. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. All ayes. MOTION PASSED. P & Z Minutes Page 8 March 5, 2013 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 Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 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. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The use will not impose hazards or disturbing influences on neighboring properties. The use will not substantially diminish the use of property in the immediate vicinity. 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. 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. 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: Outdoor agricultural/produce sales located within the public right-of-way are prohibited. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. P & Z Minutes Page 9 March 5, 2013 The outdoor storage shall be located as indicated on the site plan. 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. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Passed this 5th day of March 2013, Offered by: Kinney Seconded by: Roberts 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. Date OTHER BUSINESS Cartney welcomed new member, Keith Roberts to the Planning & Zoning Commission and looks forward to working with him. She encouraged him to contact her with any questions he may have regarding his role. The meeting was adjourned at 7:20 pm. Respectfully submitted, Shelley Hanson Secretary