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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 4220 Central Avenue NE. 43RD AVE NE 4257 4256 1251 4250 X17 4246 11 4240 4238 y N 1 4228 Z 9 4224 1 4220 m 4276 Is y 4208 )5 4201 4204 42ND AVE NE 4157 4156 = 4153 r 4149 4148 z 4145 4144 y Y 4141 4740 u a 4137 4136 413 5 29 41 43RD AVE NE 4257 4256 4250 4245 4244 4241 4240 4237 4236 4273 4230 4225 4224 4219 4220 4216 4211 4210 4206 4205 4200 Aw—phe..a rhwna p,,2011 4257 4256 4117 4253 4250 4113 4315 4249 4240 4243 w Z 4237 J Z r 4233 4230 a z i r, W 4227 I � m — Y z 4221 4 a n 4217 4213 o 4207 v 4201 42ND AVE NE 1900 1 900 I, Aw—phe..a rhwna p,,2011 PUBLIC SAFETY 4117 ,5ENTER (PSC) COLUMBIA °D 4113 4315 HEIGHTS FIRE 4109 TATION �S OLUM51A I HEIGHTS POLICE #1 4105 4101 Aw—phe..a rhwna p,,2011 4 0 0 4258 4239 42 V2 AVE NE s 4225 l0 P4 4219 Rm 42 11 O O O O O O 42ND AVE NE ° 97D 4315 m °' #1 i r, 4101 WARGO 0 COURT z I, m 4 0 0 4258 4239 42 V2 AVE NE s 4225 l0 P4 4219 Rm 42 11 O O O O O O 42ND AVE NE AC8I8 41ST AVE NE o v i r, 4101 WARGO ! COURT z I, m AC8I8 41ST AVE NE 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 T� 1 1 ti O W m N a 5 J N N N a J F- f r r� 1- c�. i' a r Z ti O N s a A N r N 00 � n m Z a Z r � m z � D 7 D m m Z m 2 O 0 m n O N O 'a C rj m 3 D ti m m r D < _ m m r � m 2 O a 3 v 2 S Z A N V 'O D Z D z m D r• r -r i v: r, -T> A N N O n C m T Z m A � D r r D m mr A n m O~ � O m r D T O m O � 2 Z N A a `n °o s N �\ V v: r, -T> A N N O n C m T Z m A � D r r D m mr A n m O~ � O m r D T O m O � 2 Z N A 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