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HomeMy WebLinkAbout2014-01-07590 - 40'" Avenue NE, Columbia Heights, MN 55421 -3878 (763) 706 -3600 Too (763) 706 -3692 Visit ourrvebsite tit: h w eixolwnbia- hei26ts.mnt.us PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, JANUARY 7, 2014 CITY HALL COUNCIL CHAMBERS 590 -40TH AVENUE NE 1. Roll Call Minutes December 3, 2013 meeting 2. Public Hearings: Case #2014 -0101, Site Plan Approval Basha Mediterranean Wood Grill, Applicant 4920 Central Ave. NE Case #2014 -0102, Conditional Use Permit Dulceria La Central 4220 Central Ave. NE 3. New Business 4. Other Business 5. Adjourn MEMBERS: Marlaine SAUck, Chair Rob Fiorendino Chris Little 'ri acey Kinney 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. MINUTES OF PLANNING AND ZONING COMMISSION ;MBER 3, 2013 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Fiorendino, Kinney, Lee and Szurek Also present were Joseph Hogeboom (Asst. Community Development Director), Shelley Hanson (Recording Secretary), Elizabeth Holmbeck (Intern), and Gary Peterson (Council Liaison). Motion by Fiorendino, seconded by Kinney, to approve the minutes from the meeting of June 18, 2013. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2013 -1201 APPLICANT: Louie Abuhkader LOCATION: 4001 University Avenue NE REQUEST: Site Plan Approval 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 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 40 °i 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. P &Z Minutes December 3, 2013 Page 2 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 40t" Avenue Design Guidelines District. The following components are requirements of the Design Guidelines District: • The building should have a well- defined front fapade 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. 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. P &Z Minutes December 3, 2013 Page 3 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 401" Avenue (CSAH 2). Anoka County plans to create a right turn lane from 401" Avenue to University Avenue in the future. Therefore, under the direction of the City Engineer, the applicant intends to remove the westernmost access on 40°i Ave. 3. Other Issues The fa9ade 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 40`x' 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. 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 40'h Avenue to one entrance, adverse impacts are lessoned on the public right -of -way. P &Z Minutes December 3, 2013 Page 4 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: All application materials, maps /plans, drawings and descriptive information submitted with this application shall become part of the permit. This includes changes requested from the Public Works Director. 2. Any new signage incorporated into the building or site shall meet the requirements of the 401i 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. This must be shown on the final plans. 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. 13. The hours of operation of the outdoor patio are restricted from open -9 pin on Sundays through Thursdays and open -10 pm on Fridays and Saturdays. P &Z Minutes December 3, 2013 Page 5 14. The Public Works Director is requiring a $5,000 Bond or cash deposit for storm water and erosion control. Hogeboom stated that the applicants have been told the revised plans with all the requirements listed above must be submitted prior to the City Council meeting on December 9, 2013, since they failed to get the revisions to him before this meeting. Questions from members: Szurek asked if they had to have a storm water pond on site. Hogeboom said Public Works did not require this but noted that storm waters cannot be directed to neighboring sites. She then asked how soon till they expect this project to be completed. Szurek stated many projects in the City are taking far longer than expected and this creates eyesores for the various neighborhoods. She asked if there is a deadline under the permit process. Hogeboom stated that the Community Development Director planned to meet with the City Attorney on December 0' to see if the City can add a condition of a Completion Bond that would grant the City the right to demolish the building if construction becomes delayed again for an extended period of time such as it has this year. Little thought this would be a good idea. According to information he received he said the fire took place in November 2011, the permit to demolish the damaged building wasn't taken out till April 2012. Then a Site Plan was approved for the new building in December 2012, but the permit wasn't obtained until April 2013 and very little work has been done over the last 6 months. Now they are coming before the Commission with a change of plans for a different use mid - stream. He wanted to know why they changed the use and why so little progress has been made in two years. He said this site negatively affects the whole area. The applicant stated he is still fighting with his Insurance Company and therefore, money has been tight as he was trying to finance this as he went. He recently sold a building in south Minneapolis and now has the funds to complete this project. Mr. Abuhkader stated that he decided to use the site as a restaurant as his ability to sell gas declined once the University Avenue service road was closed near 40 °i Avenue. He said the allowed flow of traffic will better serve this property as a restaurant use so it was strictly a business decision. Szurek asked if the applicants were aware of the Design Guidelines for the exterior of the building. Hogeboom stated they were and the exterior would be similar to what was originally proposed and will be close to the exterior finish of Sarna's. It will be brick, stucco, and burnished block. Mr. Radwan (contractor) asked if the back of the building could be hardy board. Hogeboom stated he would have to check the Design Guidelines to see if that still meets the requirement. He will get back to them on this. Gary Peterson stated he thought the Board was being too restrictive and that we should work with the P &Z Minutes December 3, 2013 Page 6 applicants to get the project completed. I-Ie said he liked the idea of Hardy Board on the back side and felt it was a good product and would be faster to install, yet it would look nice. Mr. Radwan said it is his intent to be done by April of 2014. He said they may add decks in the future, but the main structure should be done by Spring so they can open for business. Kinney asked if the City had the power to require a Completion Bond. Hogeboom stated that is a question the City Attorney will answer prior to the City Council meeting on Monday. She said she thinks the change to a restaurant is a better use of the property. She also understands the financial issues they have encountered and appreciates the fact they are now able to move forward again. She questioned the parking area on the west side and lack of bump -outs to protect cars. Hogeboom said the entry off University Avenue is one of items he has asked them to provide more detail on. Kimsey also thought they need more of a buffer where the pine trees are currently located. Radwan stated they will be adding some additional landscaping which should match the design Sarna's has. Szurek asked if the applicant was aware of the restricted hours of operation for the patio area? They stated they are aware of them and had no problem with that. They want to be a good business partner with the residents nearby. Hogeboom said they had a survey done for the purpose of putting up a new fence and that may help to serve as a sound barrier. Szurek stated she thinks the neighbors will be happier with a restaurant use than a gas station, but she hopes it gets completed in a timely fashion. Lee asked if Sarna's patio hours were restricted in any way. Hogeboom stated that their patio faces University Avenue and does not abutt any residences. This particular site has residential uses on two sides of it. Public I-Iearine Opened. Joan Dobbs, 4024 4"' Street -said she is concerned about additional noise generating from the patio use that will impact the neighbors. She said they already get a lot of noise from the Academy /daycare, the Hookah Lounge, and Sarna's. She stated that these businesses have also created a parking nightmare for the area as they park up and down 4 "' Street and 401" Avenue. She said the businesses operating around them currently make it harder for the residents to enjoy their homes and yards. Radwan stated that they do not intend on serving alcohol so that should help keep noise to a minimum. Szurek stated she hopes the privacy fence will help alleviate some of the noise and distraction. Dobbs noted that the Academy operating behind them only has a cyclone fence and therefore, they do hear all the activity there until at least 7 pm. P &Z Minutes December 3, 2013 Page 7 Peterson stated we have building codes in place to ensure construction is up to code, and we have the Zoning Code which addresses noise and design issues, but the biggest issue that can't always be addressed is where commercially zoned properties abut residential zoned properties. This makes it hard for both parties to use their properties as they are allowed to. Peterson said the discussion tonight has made the applicants aware of the neighbor's concerns so hopefully they will do their best to be considerate. He suggests they be good neighbors and work together. Dobbs asked what the second story would be used for. The applicant stated it would be used for office and storage space. Nicholas Dobbs, 4024 01 St -He thought a fence was a condition of the original site plan. Is it now? Hogeboom stated there was not a condition for an 8 foot fence in the original plan, just that screening be done by a fence or landscaping. He stated that the only conditions recommended tonight, is that the fence must be repaired or replaced so that it is compliant with property maintenance standards. The applicant has expressed his intent to have a fence there to serve as a sound barrier. Lee asked if another condition could be added to require an 8 foot fence. Hogeboom said it could be added, and they would then be required to obtain a Conditional Use Permit and a building permit. Peterson said he thought that is something for them to consider at a later time when they make a final decision about replacing the fence or to use landscaping, or a combination of both. Fiorendino stated that there are 14 conditions attached to this Site Plan Approval, and it is the Board's job to oversee the changes indicated to make sure they comply with the City's Codes. He explained the Board does not have the legal authority to dictate the use of the site or their business hours (with the exception of the patio area because of the impact to neighbors). He said the 14 conditions that are attached should help deal with most of the issues that have been raised. Little again expressed his desire to require a Completion Bond as an additional condition. The other members didn't feel that was necessary. Public Hearing Closed. Motion by Fiorendino, seconded by Kinney, to waive the reading of Resolution No. 2013 -PZ03, there being ample copies available to the public. Roll Calk Fiorendino, Kinney, Lee, & Szurek -ayes and Little- abstained. MOTIONPASSED. Motion by Fiorendino, seconded by Kinney, to adopt Resolution No. 2013 -PZ03, being a resolution approving a site plan for a new restaurant located at 4001 University Avenue NE, subject to the 14 conditions as noted Roll Call: Fiorendino, Kinney, Lee, and Szurek -ayes and Little- abstained. P &Z Minutes December 3, 2013 Page 8 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 for the construction of a new restaurant building located at 4001 University Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 3, 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. CONDITIONS ATTACHED: 1. All application materials, maps /plans, drawings and descriptive information submitted with this application shall become part of the permit. P &Z Minutes December 3, 2013 Page 9 2. Any new signage incorporated into the building or site shall meet the requirements of the 401i 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. 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. 14. The Public Works Director is requiring a $5,000 Bond or cash deposit for storm water and erosion control. Passed this 3rd day of December, 2013, Offered by: Fiorendino Seconded by: Kinney Ayes: Fiorendino, Lee, Kinney, & Szurek Abstain: Little Chair P &Z Minutes December 3, 2013 Page 10 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. Louie Abuhkader Date NEW BUSINESS Hogeboom notified members that the meeting scheduled for December I It" with the Met Council's Thrive MSP 2040 regarding transit plans for the seven county metro area has been cancelled. He said a meeting will be re- scheduled in the spring so they can review the draft plan with City officials. Hogeboom updated the members on the following: • Mady's is in the process of being demolished. • Maher's (4920 Central Ave) will be coming back to the Board in January for a Site Plan Approval for changes they have planned. • Rainbow Foods will be leaving January 8°i and the owners of the Mall will try to find a new tenant for that space. Szurek brought up a couple issues she wants staff to check into. First, the residents at two tri- plexes in her neighborhood continually park on the street overnight even though there is a parking lot for them to use. She said that the Police Dept. have not ticketed the cars and she said her neighbors are upset with the lack of response or action when they have called. The second issue is regarding complaints she has received about sparking on 43`s Avenue in front of the residences by the customers of the Filfillah Restaurant on 43` and Central. She also wants staff to check on the use of a shed by the business on the residential property behind it to see if it is a legal use. Peterson said there was an agreement for parking made at the time of their original Site Plan approval that their customers were supposed to use the parking lot of the Car Wash for their overflow parking, so they wouldn't park along 43`s Avenue. Staff will have to contact the business to remind them of this. The meeting was adjourned at 8:25 pm. Respectfully submitted, Shelley Hanson Secretary CASE NUMBER: 2014 -0101 DATE: December 30, 2013 • ♦ , TO: Columbia Heights Planning Commission APPLICANT: MAI Construction 1018 Grant Circle South Anoka, MN 55303 DEVELOPMENT: Basha Mediterranean Wood Grill LOCATION: 4920 Central Avenue NE REQUEST: Amended Site Plan Approval for New Restaurant PREPARED BY: Joe Hogeboom, Assistant Community Development Director INTRODUCTION Maher and Ann Ismail, representing MAI Construction, are requesting to amend the approved Site Plan for the Basha Mediterranean Wood Grill restaurant, located at 4920 Central Ave. NE. The applicant had obtained Site Plan approval in March, 2013 for the construction of the restaurant. At the time, the applicant proposed to construct a 40 -seat outdoor patio on the south side of the building. The applicant now desires to enclose the patio, and utilize second floor space for a patio. 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 addition of enclosed space, a new Site Plan approval process is required. ZONING ORDINANCE The property located at 4920 Central Ave. NE is located in the General Business (GB) Zoning District. The properties to the west are located in the Duplex (R -213) Residential Zoning District and the properties to the north, south and west are located in the General Business (GB) Zoning District. City of Columbia Heights Planning Commission Basha Mediterranean Wood Grill — Site Plan Review COMPREHENSIVE PLAN January 7, 2013 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 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. As part of the initial Site Plan approval, the building had a second story added to the front of the building. This increased the building height to 33 feet, which is consistent with design guidelines. The addition also added different textures, awnings and ornamental features to the front and sides of the building that were consistent with design guidelines. Large brick faced pillars have been added to the front and sides as accents. The former blue color on the building has been replaced with stucco that has been painted with neutral browns. Signage will be addressed when the applicant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. SITE PLAN 1. Parking City Code requires the number of parking stalls equal to 30% of the building capacity of the restaurant. In consultation with the City Attorney's office, "building capacity" is understood to be number of seats in a restaurant. In this case, the proposed restaurant will have 120 indoor seats, and 40 outdoor seats. Therefore the restaurant is required to have 48 striped parking spaces. According to the submitted site plan, 55 striped parking spaces are provided. 2. Access Currently, the site has access to Central Avenue, as well as to a service drive to the west. No changes to access have been proposed since the initial Site Plan approval in March, 2013. Page 2 of Columbia Heights Pla Commission Basha Mediterranean Wood Grill - Site Plan Review 3. Other Issues January 7, 2013 Because the new proposed patio is elevated and is visible to residential properties to the west, staff is recommending that it be screened on the west side. No seating will be offered in the interior space of the building's second level; however, a stairway and elevator access to the patio will be provided in the interior space. All applicable Building Code requirements must be met for this to take place. 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. The site plan meets all applicable Design Guidelines for the property. 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. The proposed building meets all the minimum setback requirements and all Design Guideline requirements. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. RECOMMENDATION Move to waive the reading of Resolution No. 2014 -PZ01, there being ample copies available to the public. Move to adopt Resolution No. 2014 -PZ01, being a resolution approving a site plan, for an addition and outdoor eating area for the proposed Basha Mediterranean Wood Grill Page 3 City of Columbia Heights Planning Commission Basha Mediterranean Wood Grill — Site n Review Restaurant, subject to the following condition: January 7, 2013 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 second floor outdoor patio seating is limited to 10 tables with four chairs each (for a total of a 40- seating area). 3. The building shall be sprinkled, according to the requirements found in the Fire Code. 4. Screening of at least 80% opacity shall be installed on the west edge of the second floor patio. 5. The addition shall be consistent with the plans dated received August 26, 2013. ATTACHMENTS • Resolution No. 2014 -PZ01 • Location Map • Site Plans • Elevations • Photos Page 4 RESOLUTION NO. 2014 -PZ01 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW RESTAURANT AT 4920 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2014 -0101) has been submitted by MAI Construction, 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 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 4920 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required bythe City Zoning Code on January 7, 2014; 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 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. 2014 -PZ01 CONDITIONS ATTACHED: Page 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 second floor outdoor patio seating is limited to 10 tables with four chairs each (for a total of a 40- seating area). 3. The building shall be sprinkled, according to the requirements found in the Fire Code. 4. Screening of at least 80% opacity shall be installed on the west edge of the second floor patio. S. The addition shall be consistent with the plans dated received August 26, 2013. Passed this 7th day of January, 2014, Offered by: Seconded by: Roll Call: Ayes: Abstain: Secretary Shelley Hanson Chair 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. Maher Ismail Date Ann Ismail Date CASE NUMBER: 2014 -0102 DATE: December 30, 2013 TO: Columbia Heights Planning Commission APPLICANT: Antonio Vazquez Vidal 5932 4" St. NE Fridley, MN 55432 DEVELOPMENT: Dulceria La Central, LLC. LOCATION: 4220 Central Avenue NE REQUEST: Conditional Use Permit for Retail Sales PREPARED BY: Joe Hogeboom, Assistant Community Development Director INTRODUCTION Antonio Vazquez Vidal, representing Dulceria La Central, LLC., is seeking a Conditional Use Permit to operate a candy store at 4220 Central Ave. NE. A candy store, which is considered "retail ", requires a Conditional Use Permit in the Limited Business District. ZONING ORDINANCE The property located at 4220 Central Ave. NE is located in the Limited Business (LB) Zoning District. Adjacent properties to the north, south and east zoned General Business (GB) and Limited Business (LB), and properties to the east are zoned One and Two Family (R -2A) Residential. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Allowing a retail business to operate is consistent with the City's Comprehensive Plan. City of Columbia Heights Planning Commission January 7, 2013 Dulceria La Central, LLC. - Conditional Use Permit Case # 2014 -0102 FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Retail sales are specifically listed as a Conditional Use in the Limited Business (LB) Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Commercial use. The proposed use is commercial in nature. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in additional noise, odor or vibration and should not disrupt neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by adding a small retail establishment. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. There will be no physical changes to the appearance of the existing building to accommodate the candy store. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (g) Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on -site circulation of traffic. Page 2 City of Columbia Heights Planning Commission January 7, 2013 Dulceria La Central, LLC. - Conditional Use Permit Case # 2014 -0102 The proposed candy store is not anticipated to create traffic issues. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. There is no anticipated negative cumulative effect associated with the addition of the candy store. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMMENDATION Staff recommends approval of the proposed Conditional Use Permit for a retail establishment at 4220 Central Ave NE. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for a retail establishment located at 4220 Central Avenue NE 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 nature of sales associated with this business shall be limited to prepackaged candy and complimentary items. 2. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. ATTACHMENTS • Draft Resolution • Location Map Page 3