HomeMy WebLinkAbout2014-09-03Shad(t,y
Columbia ®Heights
Planning and Zoning Commission Meeting
Wednesday, September 3, 2014
7pm
Columbia Heights City Hall
59040`h Avenue NE
Columbia Heights, MN 55421
1. Roll Call
a. Approval of July 1, 2014 Meeting Minutes
2. Public Hearings
a. Case # 2014 -0901, Zoning Amendment /Rezoning
Le Nguyen, Applicant
4220 Central Avenue NE.
I Other Business
4. Adjourn
MINUTES OF
PLANNING AND ZONING COMMISSION
July 1, 2014
7:00 PM
The meeting was called to order at 7:00 pm by Chair Marlaine Szurek.
Commission Members present- Little, Kinney, Fiorendino, and Szurek. (Lee arrived at 7:09 pm)
Also present were Joseph Hogeboom (Community Development Director), Elizabeth Holmbeck
(Planner), and Shelley Hanson (Secretary).
Motion by Fiorendino, seconded by Little, to approve the minutes from the meeting of June 3, 2014.
All ayes. MOTIONPASSED.
PUBLIC HEARINGS
CASE NUMBER: 2014 -0608 (Continued)
APPLICANT: Abed Hereimi, Done Right Food/Filfillah Restaurant
LOCATION: 4301 Central Avenue NE.
REQUEST: Site Plan Approval
INTRODUCTION
Holmbeck explained that Abed Hereimi, representing Done Right Food and Filfillah Restaurant has
requested Site Plan Approval for a proposal to enclose a portion of the outside walkway /sidewalk in
front of the restaurant located at 4301 Central Ave. NE. The applicant was before the Planning and
Zoning Commission on June 3, 2014. At that time, the Site Plan submitted was deemed incomplete.
At the request of the Planning and Zoning Commission, the applicant has now resubmitted an
updated Site Plan. Staff has met with the applicant and toured the site. The addition would add extra
searing and additional office space for the restaurant and catering establishment staff. Holmbeck
reviewed the drawings provided by the applicant with the members.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area as Commercial. The proposed addition is consistent with
the intent of the Comprehensive Plan.
ZONING ORDINANCE
The Subject Property is located in the GB, General Business Zoning District. The properties to the
north, south, east and west of the Subject Property are also located in the General Business Zoning
District.
DESIGN GUIDELINES
The proposed addition to the existing commercial building will have no impact on the overall
character of the surrounding area.
P & Z Minutes
Page 2
July 1, 2014
FINDINGS OF FACT (Site Plan Approval)
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 the requirements of the Zoning Ordinance.
b. The site plan is consistent with the applicable provisions of the city's Comprehensive Plan.
This is correct.
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.
This is correct.
Staff recommends the Planning and Zoning Commission approve the Site Plan for the proposed
addition to the property located at 4301 Central Avenue NE. subject to conditions of approval
outlined in the recommended motion provided to members.
Questions /comments from members:
Little asked if they would still have windows facing the front exterior. The applicant said they
would.
Szurek thanked them for submitting more detailed drawings, so the members knew what they were
approving. She asked when construction would begin. The applicant stated he would start when
Ramaddan is over.
Public Hearing opened.
No one was present to address this issue.
Public Hearing closed.
P & Z Minutes
Page 3
July 1, 2014
Motion by Fiorendino, seconded by Kinney, to waive the reading of Resolution No. 2014 -PZ03, there
being ample copies available to the public. All ayes. MOTIONPASSED.
Motion by Fiorendino, seconded by Kinney, to adopt Resolution No. 2014 -PZ03, being a resolution
approving a site plan, for the proposed addition to the property located at 4301 Central Ave. NE.,
subject to the following conditions:
I. Applicant shall install signs directing customer and employee parking within the site.
2. The building and site shall meet all requirements found in the Fire Code and the Building
Code.
3. All City Storm Water Management requirements, as well as Watershed District requirements,
shall be achieved for this property.
4. All other applicable local, state and federal requirements shall be met at all times.
All ayes. MOTIONPASSED.
RESOLUTION NO.2014 -PZ03
RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN
FOR AN ADDITION TO THE EXISTING BUILDING LOCATED AT 4301 CENTRAL AVENUE NE.
WHEREAS, a proposal (Case #2014 -0608) has been submitted by Abed Hereimi representing Done Right
Food & Filfillah Restaurant, to the Planning and Zoning Commission requesting site plan approval from the
City of Columbia Heights at the following site:
ADDRESS: 4301 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING:
building located at 4301 Central Avenue. NE.
Site Plan Approval for an addition to the existing
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on July
1, 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 reviewing the proposal and the recommendation of the Planning and Zoning
Commission, 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.
P & Z Minutes
Page 4
July 1, 2014
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. Applicant shall install signs directing customer and employee parking within the site.
2. The building and site shall meet all requirements found in the Fire Code and the Building Code.
3. All City Storm Water Management requirements, as well as Watershed District requirements, shall
be achieved for this property.
4. All other applicable local, state and federal requirements shall be met at all times.
Passed this I" day of July, 2014
Offered by: Fiorendino
Seconded by: Kinney
Roll Call: All ayes
Marlaine Szurek
Chair
Attest:
Shelley Hanson
Secretary
Other New Business
A memo was enclosed in the packets along with the handout that staff has prepared for applicants
who will be seeking a Site Plan approval. It will achieve consistency and ensure quality information
is provided to the commission for their review. Hogeboom explained that applicants will need to
provide accurately scaled drawings, showing dimensions of existing and proposed buildings,
topography, access to and from site, parking, landscaping plans, elevation drawings, and dimensions
of doors and windows. Staff will review applications and if the plans are missing information they
will be deemed incomplete and the applicant will be notified within 10 days.
Little suggested that maybe the setbacks should also be noted. He thinks the handout will help
applicants provide the information the members need to review before approving projects. There was
a discussion about when surveys would be required versus just locating property irons as part of the
building permit and construction process.
P & Z Minutes
Page 5
July 1, 2014
Szurek agreed that the handout will be a good tool for all those involved. She then asked Hogeboom
the status of the new restaurant at 49`° and Central. Hogeboom told her that the project has just about
been completed and the owner is working on additional financing so it has stalled the opening, but it
should be soon. She then asked about the project at 40a' and University that has been very slow to
progress. He told her the delay in that project is due to the owners not providing the proper
documents and plans to the various parties and that he can't decide what type of business he wants to
pursue at that location.
It was noted the next meeting would be Wednesday, August 6th.
The meeting was adjourned at 7:25 pm.
Respectfully submitted,
Shelley Hanson
Secretary
CITY OF COLUMBIA HEIGHTS PLANNING REPORT
CASE NUMBER: 2014 -0901
DATE: August 28, 2014
TO: Columbia Heights Planning Commission
APPLICANT: Le Nguyen
LOCATION: 4220 Central Avenue NE.
REQUEST: Zoning Amendment for Rezoning of Parcel
PREPARED BY: Elizabeth Holmbeck, Associate Planner
INTRODUCTION
At this time, Le Nguyen (property owner) is requesting a rezoning of the property located at
4220 Central Avenue NE. from Limited Business District (LB) to General Business District
(GB). According to the applicant, it has been hard to find and retain tenants since the
building was purchased in 2007, due to the economic downturn. Additionally, the owners
have lost potential tenants, because the proposed uses were not permitted in the Limited
Business Zoning District. Recently, El Taco Loco, a taco food truck that currently operates
in the parking lot outside of the building, approached the owner and requested to rent
indoor space. With the food trucks success and popularity, the hope is to expand the
business and allow for the business to stay open during the winter months by adding a
small restaurant in the building. This is only possible if the property is rezoned, as the
current zoning only allows for prepackaged food. Finally, if the property is rezoned, to
General Business, there would be more opportunities for the owner to allow various types
of businesses to locate in building.
COMPREHENSIVE PLAN
The Comprehensive Plan currently guides the property for Commercial Use. Therefore,
the rezoning of the property from Limited Business to General Business would be
consistent with the intended use of the property, and thus consistent with the
Comprehensive Plan.
ZONING ORDINANCE
The property is located in the LB, Limited Business Zoning District. The properties to the
north are zoned LB, Limited Business. The properties to the south are zoned GB, General
of Columbia Heights Planning Commission
Zoning Amendment, Rezoning
Se
3, 2014
Case # 20
Business District. The properties to the east are zoned LB, Limited Business and GB,
General Business. The properties to the west zoned R2A, One and Two Family
Residential.
FINDINGS OF FACT
Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make
each of the following four findings before approving a zoning amendment:
The amendment is consistent with the Comprehensive Plan.
The Comprehensive Plan currently guides the property for Commercial uses.
Therefore, the rezoning of the property from Limited Business to General Business
would be consistent with the intended use of the property, and thus consistent with
the Comprehensive Plan.
2. The amendment is in the public interest and is not solely for the benefit of a
single property owner.
This is correct. The proposed rezoning will allow for a wider variety of
businesses to be located at the property, thus strengthening our commercial
corridor along Central Avenue.
3. Where the amendment is to change the zoning classification of a particular
property, the existing use of the property and the zoning classification of
property within the general area of the property in question are compatible with
the proposed zoning classification.
This is correct.
4. Where the amendment is to change the zoning classification of a particular
property, there has been a change in the character or trend of development in
the general area of the property in question, which has taken place since such
property was placed in the current zoning classification.
The trend of development and redevelopment along Central Avenue has promoted
Central Avenue as the main commercial corridor for Columbia Heights. The Limited
Business zoning classification is restrictive in allowing the types of uses that are
compatible with the remainder of Central Avenue. The General Business zoning
classification is more consistent with the types of uses along Central Avenue.
RECOMMENDATION
Staff recommends approval of the proposed Zoning Amendment for the rezoning of the
property located at 4220 Central Avenue NE.
Page 2
City of Columbia Heights Planning Commission September 3, 2014
Zoning Amendment, Rezoning Case # 2014 -0901
Motion: Move to waive the reading of Resolution No. 2014 -65, there being ample copies
available to the public.
Motion: The Planning Commission recommends that the City Council approve Resolution
No. 2014 -65, being a resolution approving the Zoning Amendment for the rezoning of the
property located at 4220 Central Ave. NE.,
Attachments
• Resolution 2014 -65
• Application
• Location Map
• List of Businesses
• Applicant's Drawing
• Applicant's Narrative
Page 3
RESOLUTION NO. 2014-65
RESOLUTION APPROVING A ZONING AMENDMENT FOR REZONING THE
PROPERTY LOCATED AT 4220 CENTRAL AVENUE NE.
WHEREAS, a proposal (Case #2014 -0901) has been submitted by Le Nguyen to the City Council
requesting a Zoning Amendment from the City of Columbia Heights at the following site:
ADDRESS: 4220 Central Avenue NE.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: A Zoning Amendment for rezoning the
property located at 4220 Central Avenue NE.
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning
Code on September 3, 2014;
WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations
of the City staff regarding the effect of the proposed Zoning change 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.
WHEREAS, the Planning Commission has reviewed and recommends approval of the proposed
rezoning from LB, Limited Business District to GB, General Business District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights
after reviewing the proposal, that the City Council rezones 4220 Central Avenue NE. to "General
Business District', and accepts and adopts the following findings of the Planning Commission:
The amendment is consistent with the Comprehensive Plan.
2. The amendment is in the public interest and is not solely for the benefit of a single property
owner.
3. Where the amendment is to change the zoning classification of a particular property, the
existing use of the property and the zoning classification of property within the general area of the
property in question are compatible with the proposed zoning classification.
4. Where the amendment is to change the zoning classification of a particular property, there has
been a change in the character or trend of development in the general area of the property in
question, which has taken place since such property was placed in the current zoning classification.
Passed this 80' day of September 2014,
Offered by:
Seconded by:
Roll Call:
Attest:
Katie Bruno
City Clerk/Council Secretary
Mayor Gary L. Peterson
CITY OF COLUMBIA HEIGHTS
ZONING AMENDMENT APPLICATION
To be filled out by City:
CASE NO.:
APPLICABLE ORDINANCE NO.: 9.104(F)
PRESENT LAND USE PLAN DESIGNATION:
REZONING ZONING AMENDMENT
DATE RECEIVED:
DATE OF LETTER OF COMPLETION:
APPROVAL DATE PER STATUTE:
REVIEW PERIOD EXTENDED:
To be filled out by Applicant:
PROJECT ADDRESS /LOCATION: 49-10 CEIVIKAL AVE Mf-? C- OLVMB(A HEI6HTStMNSSya1
LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary):
C- OLUMBiA it66lfT5 ANNEX TO MIN heOLi , ANOYA COi)NTX.MIyVNFSoTA L015 -1s,
� LK `A7, c.oL H'I-A ANNEX
PRESENT ZONING OF PROPERTY: LI M I TE () gU 5 I N ES5
PROPOSED ZONING OF PROPERTY: (2ENELAL 9U51NE55
SECTION NUMBER OF TEXT TO BE CHANGED:
REASON FOR REQUEST (please provide a written narrative that explains how the existing use of the
property and the zoning classification of other property within the general area are compatible with the
proposed zoning classification. Also describe whether there has been a change in the character or trend of
development in the general area that has taken place since the property was originally placed in its current
zoning classification. If applicable, provide the existing text that you are requesting be changed and provide
the proposed text.)
APPLICANT LE a6VYEN PHONE 76 3 °,�a (-U31$ FAX -76 3 -5/{a- $j1 7
E -MAIL bQ +P I." a" yC 60. corn PAGER
CELL # -74 3 -,221 ._U 31 ?
ADDRESS 4 q L+,, LA KLJ Q R
CITY U LU LADES STATE M A/ ZIP -55-0 f cf
FEE OWNER OF PROPERTY ELT P RO pE RTl ES LLC
ADDRESS _6q LI6 LAKE D9, PHONE 763 — ,2.2,1 — 631R FAX 7k3 - R 7
CITY LINO STATE MN ZIP 5Sb 14
Page 1 of 2
CITY OF COLUMBIA HEIGHTS
ZONING AMENDMENT APPLICATION
THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF
APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED.
ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION
A. Application Checklist
B. Schedule of Planning and Zoning Commission Meetings
A. Application submitted as required in the attached application checklist.
B. Two copies of a list of property owners within 350 feet of the subject property (for rezoning).
APPLICATION FEES:
A. $545.00 Zoning Amendment
CITY RECEIPT NUMBER e( o q
TOTAL AMOUNT RECEIVED $
DATE RECEIVED 'S "10 ly
Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of
inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true
and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia
Heights and the State of Minnesota:
X ?-4— I y
APPLICANT SIGNATURE DATE
ER SIGNATURE (If different from Applicant)
� -� -I
DATE
COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE
Revised 2005 Approved by the Columbia Heights Planning Commission on
Approved by the Columbia Heights City Council on
Page 2 of 2
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LIST OF CURRENT BUSSINESSES /TENANTS AT 4220 CENTRAL AVE NE, COLUMBIA
HEIGHTS, MN 55420:
1) COREY GRAHAM — Unit# 207 — BARBER SHOP
2) ANTONIO VIDAL— Unit #205 —TACO TRUCK
3) ROSA AUCAQUIZHPI — Unit# 103 — FACIAL
4) ANNA HOANG — Unit# 101— INSURANCE AGENCY
5) KEN BETZ — Unit# B — PLUMBING & DRAIN CLEANING
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Le Nguyen & Thinh Huynh
6946 Lake Dr
Lino Lakes, MN 55014
August 5, 2014
City Development Committee
Columbia Heights, MN
Reg: Rezoning -4220 Central Ave NE, Columbia Heights, MN 55421
To Whom It May Concern:
We're the owners of the property at 4220 Central Ave NE, Columbia Heights, MN 55421. We're writing
this letter to explain why we'd like to change the zoning for our property. Since we purchased this
property in 2007, the market has gone down tremendously and we have lost many Tenants as many
small businesses had to close their businesses. We've been struggling to survive and keep the property
in good condition despite the fact that we do not collect enough rents to pay for the mortgage and
utilities for this property. We also have lost a number of potential Tenants because their businesses
were not allowed in the Limited Zoning for our property.
Our current Tenant, Antonio Vidal, has been renting a unit to run his Taco Truck business successfully
and would like to bring it inside the building in the winter, but the Limited Zoning would not allow him
to do so. We really need him to stay and bring in other businesses to keep the building alive. Without
him, we will not be able to keep this property and might have to be foreclosed by the Lender.
If we were granted to change the zoning to General Business, it'd open up many opportunities for us to
attract other potential Tenants and therefore will be able to keep our property in good condition as we
always do. We hope that you understand our situation and help us to bring more good businesses to
the area to build a good and strong neighborhood.
Thank you very much for your consideration.
Sincerely,
Le Nguyen & Thinh Huynh