HomeMy WebLinkAbout4-1-14 P & Z Min
MINUTES OF
PLANNING AND ZONING COMMISSION
April 1, 2014
7:00 PM
The meeting was called to order at 7:00 pm by Chair Marlaine Szurek.
Commission Members present- Little, Fiorendino and Szurek
Commission Members absent – Kinney and Lee
Also present were Joseph Hogeboom (Asst. Community Development Director), Elizabeth Holmbeck
(Intern), and Gary Peterson (Council Liaison).
Motion by Fiorendino, seconded by Little, to approve the minutes from the meeting of March 4, 2014.
All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2014-0401
APPLICANT: Iglesia Pentecostal Unida/Enrique Pimentel
LOCATION: 4230 Central Avenue NE
REQUEST: Conditional Use Permit for Religious Facility
Holmbeck told members that Enrique Pimentel, is representing Iglesia Pentecostal Unida, and they
are seeking a Conditional Use Permit to operate a religious facility at 4230 Central Ave. NE. A
religious facility requires a Conditional Use Permit in the Limited Business District per code Section
9.110 (D) (3) (a). The applicant is requesting to use the existing office space to operate a non-profit
church that provides small group counseling to members of the community during religious meetings.
The group consists of around eight people currently, and the applicant said if the group grew to a
larger size, a different location would be appropriate in the future. At the present time the group
meets three times a week on Tuesday evenings, Saturday evenings, and Sunday mornings.
ZONING ORDINANCE
The property located at 4230 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 religious facility to operate
small group counseling is consistent with the City’s Comprehensive Plan.
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:
P & Z Minutes
Page 2
April 1, 2014
(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.
Religious Facilities 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 applicant will be
using the space as a meeting place for counseling, which is a compatible use to commercial.
(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
religious facility.
(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
religious facility.
(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.
The proposed religious facility is not anticipated to create traffic issues. If parking becomes
an issue, staff reserves the right to request a transportation plan from the applicant.
(h)The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
There is no anticipated negative cumulative effect associated with the addition of the religious
facility.
(i)The use complies with all other applicable regulations for the district in which it is located.
This is correct.
Staff recommends approval of the proposed Conditional Use Permit for a religious facility at 4230
Central Ave NE.
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April 1, 2014
Public Hearing Opened:
Joyce Thompson, 4240 Van Buren St. NE, stated that she had concern about the type of counseling
services that would occur in the building. Ms. Thompson questioned whether or not the proposed use
would solicit counseling services to homeless people and to “thugs”. Ms. Thompson stated that the
neighborhood has had enough problems with vandalism and crime, and that the approval of the
proposed use would add to the problem. Ms. Thompson worried that the use would become a hang-
out spot for youth, and stated that she would consider constructing an electric fence around her
property if crime increases. Ms. Thompson requested clarification of the proposed hours of
operations.
Mayor Peterson stated that he believed the proposed use would be an asset to the neighborhood, and
that concerns about crime associated with the use are unwarranted.
Richard Walquist, 2409 Silver Ln., St. Anthony, stated that he has owned the subject property since
1962. Mr. Walquist stated that there have been a few problem tenants over the years, but he has dealt
with all of them appropriately. Mr. Walquist believes that Iglesia Pentecostal Unida will be a low-
impact user in the building, and that it will operate during non-peak hours.
Enrique Pimentel, Pastor of Iglesia Pentecostal Unida, stated that the church is a national Christian
organization. The counseling services provided will center on marriage counselling, as well as drug
and crime prevention counseling for youth in the church. Mr. Pimentel stated that the church will
operate on Tuesday and Saturday evenings and Sunday mornings.
Public Hearing Closed.
Motion by Fiorendino, seconded by Little, that the Planning Commission recommends the City
Council approve the Conditional Use Permit for a religious facility located at 4230 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:
The nature of the use associated with this facility shall be limited to small group gatherings.
1.
If membership grows to 50 or more members, the applicant must contact the Building Official to
2.
discuss possible Building Code and Fire Code issues. The Building Official, in coordination with
the Fire Department, may require structural modifications to the building at that time.
If parking becomes an issue the applicant shall submit a transportation plan to staff to address
3.
parking alternatives.
Roll Call:
th
The following Resolution will go to the City Council at the April 14 meeting.
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Page 4
April 1, 2014
RESOLUTION NO. 2014-20
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
A RELIGIOUS FACILITY AT 4230 CENTRAL AVENUE NE
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS,
a proposal (Case #2014-0401) has been submitted by City Staff to the City Council requesting a
conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 4230 Central Avenue NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code
Section 9.110 (D), to allow a religious facility to operate in the Limited Business (LB) Zoning District
WHEREAS,
the Planning Commission has held a public hearing as required by the city Zoning Code on April
st
1, 2014;
WHEREAS,
the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed conditional use permit 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 City Council of the City of Columbia Heights after
reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning
Commission:
1. 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.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. The use will be designed, constructed, operated and maintained in a manner that is compatible with
the appearance of the existing or intended character of the surrounding area.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services.
7. 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.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
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.
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April 1, 2014
CONDITIONS ATTACHED:
1. The nature of the use associated with this facility shall be limited to small group gatherings.
2. If membership grows to 50 or more members, the applicant must contact the Building Official to
discuss possible Building Code and Fire Code issues. The Building Official, in coordination with
the Fire Department, may require structural modifications to the building at that time.
3. If parking becomes an issue the applicant shall submit a transportation plan to staff to address
parking alternatives.
th
Passed this 14 day of April 2014
NEW BUSINESS
Hogeboom gave members an update regarding the possible Zoning Text Amendment to allow
educational institutions in commercially zoned areas. Hogeboom stated that staff intends to meet with
representatives from the Columbia Heights School District in the coming weeks, and plans to bring a
recommendation forward to the Planning and Zoning Commission in May.
Hogeboom informed the Commission that Frattallone’s Ace Hardware will be going before the City
Council on April 14 to seek approval of an Interim Use Permit to allow temporary outdoor garden
sales. Hogeboom explained that typically Interim Use Permits go before the Planning and Zoning
Commission for approval; however, Ace Hardware would like to begin sales in late April and
unfortunately missed the April Planning and Zoning Commission meeting application deadline.
The meeting was adjourned at 7:35 pm.
Respectfully submitted,
Joseph Hogeboom
Acting Recording Secretary