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HomeMy WebLinkAbout9-3-14 P & Z Min MINUTES OF PLANNING AND ZONING COMMISSION SEPTEMBER 3, 2014 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Fiorendino, Lee, and Szurek. Members Absent: Kinney Also present were Loren Wickham (Asst. Community Development Director), Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Little, to approve the minutes from the meeting of July 1, 2014. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2014-0901 APPLICANT: Le Nguyen LOCATION: 4220 Central Avenue NE. REQUEST: Zoning Amendment/Rezoning Holmbeck explained that 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 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. Planning & Zoning Minutes Page 2 September 3, 2014 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: 1.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. Staff recommends approval of the proposed Zoning Amendment for the rezoning of the property located at 4220 Central Avenue NE. Questions/Comments from members: Little asked if a restaurant would be allowed as a Conditional Use if the zoning stayed at Limited Business. Holmbeck stated that only a Deli or Coffee Shop type restaurant with pre-packaged foods would be allowed. He then asked why it wasn’t zoned General Business in the first place. He noted that some of the properties in this block along Central Ave are GB and some are LB. Fiorendino stated he thinks LB zoning is used when properties abut residential areas, although both the zoning districts in this block abut residential areas to the rear. Little asked if neighboring properties were notified of this case. Holmbeck told him they were and that no one contacted her with any comments or concerns. Little said he would support this if it helps them attract businesses to locate there as the site is narrow and parking is limited, so it is a challenge. Planning & Zoning Minutes Page 3 September 3, 2014 Fiorendino asked if any structural changes or additions would be made to the building. Holmbeck stated that kitchen equipment may have to be added to accommodate preparation of the food. He asked if that would have to come before the Commission again for a Site Plan approval. Holmbeck stated it would if the restaurant decides to proceed with their plans. She told members plans would also need to go to through the building permit process, as well as Anoka County Health Dept. Holmbeck reminded members that they are just approving the re-zoning of the property tonight which is the first step that is needed to allow more business uses for this site. Lee asked if the re-zoning was for the 4220 Central Avenue building only. Holmbeck explained that the long building is actually two addresses (4220 & 4230 Central), owned by two different parties, even though they look like one parcel. This request is for the 4220 Central Avenue address (south portion of the building) only. Fiorendino asked if the city had considered re-zoning both addresses. Holmbeck stated that the owner of the other parcel would have to make a request to do so. He was notified of this hearing and did not contact staff to express an interest in re-zoning his property also. Public Hearing. There was no one present to speak on this matter. Public hearing closed. Motion by Fiorendino, seconded by Little, to waive the reading of Resolution No. 2014-65, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Little,that the Planning Commission recommends 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. All Ayes. MOTION PASSED. This will go to the City Council at the September 8, 2014 meeting. 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. P & Z Minutes Page 4 September 3, 2014 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: 1. 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. th Passed this 8 day of September 2014, Other New Business Wickham reminded members they were invited to attend a panel discussion by the Urban Land Institute called Navigating the New Normal. This discussion panel that will take place Thursday, September 11, 2014, at Murzyn Hall from 5-7 pm. The City Council, City Staff, EDA Members, and Planning & Zoning Commission members are all invited to attend this discussion about re- development trends and a realistic outlook about the possibilities particular to our community due to demographics, transportation, and the overall real estate market. Wickham then told members that Holmbeck would be sending out information regarding an on-line Land Use seminar offered by the League of MN Cities. City Councilmembers and P & Z Commission members will be asked to participate in this educational opportunity which in turn will qualify the city for a reduction in Insurance premiums. P & Z Minutes Page 5 September 4, 2014 Wickham also invited members to another community event being held Saturday, September 27, 2014 on the old Mady’s site. Staff is working with a consultant to organize the event that will include local businesses, food vendors, local artists/musicians, etc. The purpose of the event is to gather input from residents and community leaders on what they would like to see developed on the empty site. The cost of the event is covered by an Active Living Grant that the City was awarded, and will be held rain or shine. Tents will be used if the weather is questionable. th It was noted the next meeting would be Tuesday, October 7, 2014. The meeting was adjourned at 7:25 pm. Respectfully submitted, Shelley Hanson Secretary