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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. P & Z Minutes Page 3 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. P & Z Minutes 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. P & Z Minutes Page 5 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