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2015-03-03 P&Z
Columbia ®Heig -ht s Planning and Zoning Commission Meeting Tuesday, March 3, 2015 7 pm Columbia Heights City Hall 590 401h Avenue NE Columbia Heights, MN 55421 1. Roll Call a. Approval of December 2, 2014 Meeting Minutes 2. Public Hearings a. Case # 2015 -0301, Conditional Use Permit Leslie Delisi, Applicant Frattallone's Ace Hardware b. Case # 2015 -0302, Conditional Use Permit Julie Johnson, Applicant First Lutheran Church 3. Other Business a. League of MN Cities Land Use Training b. Blockbuster Redevelopment Site c. Sarna's LED Sign d. Connie Buesgens, Central Valu Center 4. Adjourn DRAFT MINUTES OF PLANNING AND ZONING COMMISSION ,MBER 2, 2014 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Kinney, and Szurek. Members Absent: Lee and Fiorendino Also present were Loren Wickham (Asst. Community Development Director), Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, Bobby Williams. Motion by Little, seconded by Kinney, to approve the minutes from the meeting of September 3, 2014. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2014 -1201A APPLICANT: Randy Rauwerdink, Venture Pass DEVELOPMENT: Central Gateway Plaza LOCATION: 5220 Central Avenue NE REQUEST: Site Plan Approval Randy Rauwerdink, representing Venture Pass Partners is requesting Site Plan Approval for the property located at 5220 Central Ave. NE. Venture Pass Partners is proposing to renovate the existing vacant building to create a multi- tenant commercial retail facility. Additionally, the applicant is requesting to subdivide and plat the existing lot into two lots of record to allow for a second freestanding restaurant to be constructed on the southern portion of the lot. ZONING ORDINANCE The property located at 5220 Central Ave. NE is located in the General Business (GB) Zoning District. The properties to the north, south and west are located in the General Business (GB) Zoning District and the properties to the east are located in the City of Fridley and consist of commercial uses. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Renovating the existing vacant building to accommodate a multi- tenant commercial retail facility and constructing a freestanding restaurant on the property is consistent with the City's Comprehensive Plan. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the "Highway District" standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new Planning & Zoning Minutes Page 2 December 2, 2014 construction along Central Avenue and 40`" Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. The following components are requirements of the Design Guidelines Highway District: • Buildings may be set back a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. • The primary fagade(s) of buildings of 40 feet or more in width should be articulated into smaller increments through the techniques such as using of different textures or contrasting, but compatible, materials; dividing storefronts with separate display windows and entrances or incorporating arcades, awnings, window bays, balconies or similar ornamental features. • Building height shall be a minimum of 22 feet. • Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor fagade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. • The building should have a well - defined front fagade with primary entrances facing the street. • Building colors should accent, blend with, or complement surroundings. • No more than two principal colors may be used on a fagade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. • All buildings should be constructed of high- quality materials, including the following: Brick, Natural Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three dimensional character. Jumbo brick may be used on up to 30 percent of any fagade, provided that it is used only on the lower third of the building wall. • Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of contrasting color are encouraged in new construction. • Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year - round basis while providing adequate visibility for pedestrians. In general, both of the proposed buildings meet the design guidelines. Since the building to the north will be renovated on the location of the previous building on the site, the parking will be located in the front of the building. The new building on the southern portion of the property will have parking in the front and rear. Signage will be addressed when the applicant or tenant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. SITE PLAN 1. Parking According to City Code, commercial uses such as retail sales are required to provide 1 parking stall per 300 square feet of gross floor area. According to the site plan, the combined square footage for both the existing and newly constructed building will total 10,873 gross square feet, making the requirement for this development is 36.24 parking stalls. The proposed development will have 57 parking stalls, and meets the parking requirement outlined in the City's code. Planning & Zoning Minutes Page 3 December 2, 2104 2. Access Currently, the site has access from TH 65 /Central Avenue. I have attached the Minnesota Department of Transportation's Review Letter for further reference. FINDINGS OF FACT 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 all applicable Design Guidelines for the property. The Zoning Code requirements are achieved. b. The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. Renovating the existing vacant building to accommodate a multi - tenant commercial retail facility and constructing a freestanding restaurant on the property is consistent with the intent of the Comprehensive Plan. 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. The proposed renovation of the existing building and construction of a freestanding building meets all the minimum setback requirements and all Design Guideline requirements. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Staff recommends approval of the Site Plan Application for this project. Questions from members Little questioned whether the planned changes to the existing building, including the windows, will meet the Design Guidelines. Holmbeck stated the requirements would all be met. Little expressed his appreciation that the package was so detailed and complete which eliminated the number of questions he had. Kinney asked if the windows would be transparent, regular windows. Randy Rauwerdink, VP from Venture Pass stated they would be. Kinney then asked about the landscaping planned for the site. Holmbeck responded that shade trees, evergreens, ornamental trees and shrubs would be added to the site as depicted on page L 101 of the submitted plans. Kinney questioned whether there was adequate parking behind the building for deliveries, and access to the rear of this building as well as to the separate building in the rear that Herringer operates his business out of She wondered whether they would have to share parking areas. Holmbeck and Hettinger stated there are separate parking areas for each building and that access will not be a problem. Planning & Zoning Minutes Page 4 December 2, 2014 Little then asked Rauwerdink if the building was being built on speculation or if tenants were already lined up. Rauwerdink stated they are in active discussion with several possible tenants, but cannot disclose their identities at this time as nothing has been actually signed. Rauwerdik explained to members that the front of the existing building will be remodeled that will include new windows and stone work. The south end will also have some windows added, but none on the north side due to maintaining the structural integrity of the building. Landscaping will be added to the north side to improve the appearance. The driveways and accesses to the properties will be maintained and are protected through recorded easements. Trash receptacles will be located on the lower level behind the building to hide it from view. The use of the lower level will continue to be used by Hettinger as well as the old Comcast building located behind this building. Kinney asked when construction would begin. He replied they are hoping to break ground by spring. Public Hearing Opened No one was present to speak on this issue. Public Hearing Closed. Motion by Kinney, seconded by Little, to waive the reading of Resolution No. 2014 -PZ04, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Kinney, seconded by Little, to adopt Resolution No. 2014 -PZ04, being a resolution approving the site plan for the Central Gateway Plaza, subject to the following conditions: 1. Applicant must meet the requirements outlined in the attached report from Public Works Director, Kevin Hansen. 2. Applicant must submit for review, elevation drawings for the proposed second freestanding building. The elevation drawings shall be similar in style and design as the proposed renovated building. Staff will review the drawings and ensure they meet the requirements of the zoning code and the Design Guidelines. 3. Applicant must meet the requirements outlined in the attached report from the Minnesota Department of Transportation. All ayes. MOTION PASSED. Planning & Zoning Minutes Page 5 December 2, 2014 RESOLUTION NO. 2014 -PZ04 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE RENOVATION AND CONSTRUCTION AT THE CENTRAL GATEWAY PLAZA LOCATED AT 5220 CENTRAL AVENUE NE. WHEREAS, a proposal (Case #2014 -1201) has been submitted by Randy Rauwerdink, of Venture Pass Partners, to the Planning and Zoning Commission requesting site plan approval from the City of Columbia Heights at the following site: ADDRESS: 5220 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new commercial freestanding restaurant and the renovation of the existing building on the property. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December 2, 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 accepts and adopts the following findings: I. 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. FURTHER, BE IT RESOLVED that the attached conditions, maps, and other information shall become part of this site plan and approval; and in granting this site plan the city and the applicant agree that this site plan approval 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 must meet the requirements outlined in the attached report from Public Works Director. Kevin Hansen. Planning & Zoning Minutes Page 6 December 2, 2014 2. Applicant must submit for review, elevation drawings for the proposed second freestanding building. The elevation drawings shall be similar in style and design as the proposed renovated building. Staff will review the drawings and ensure they meet the requirements of the Zoning Code and the Design Guidelines. 3. Applicant must meet the requirements outlined in the attached report from the Minnesota Department of Transportation. Passed this 2 °d day of December, 2014 Offered by: Kinney Seconded by: Little Roll Call: All Ayes Attest: Shelley Hanson Secretary CASE NUMBER: APPLICANT: LOCATION: REQUEST: Marlaine Szurek, Chair 2014 -1201B Randy Rauwerdink, Venture Pass 5220 Central Avenue NE. Preliminary /Final Subdivision Plat At this time, the applicant has requested a Preliminary & Final Subdivision Plat per Code Section 9.104 (L) & (M), for the property located at 5220 Central Avenue NE. The applicant wishes to split the existing lot into two commercial lots. The Preliminary Plat and Final Subdivision Plat would allow the current unused lot to become financially viable and open for the development of a freestanding commercial restaurant on the southern portion of the lot and the renovation of the existing building on the northern portion of the lot. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial, which is the proposal for this site. ZONING ORDINANCE The property located at 5220 Central Avenue NE is located in the General Business (GB) Zoning District. The properties to the north, south and west are located in the General Business (GB) Zoning District and the properties to the east are located in the City of Fridley and consist of commercial uses. Planning & Zoning Minutes Page 7 December 2, 2014 DESIGN GUIDELINES The subject property is located within the Design Guidelines Overlay District and is governed by the "Highway District" standards within the Design Guidelines. I have referenced the requirements in Planning Report (1). FINDINGS OF FACT (Minor Subdivision/Lot Split) Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a) The proposed Preliminary Plat conforms to the requirements of City code Section 9.115. This is correct (b) The proposed subdivision is consistent with the Comprehensive Plan. This is correct. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant Final Plat. They are as follows: (a) The Final Plat substantially conforms to the corresponding preliminary Plat. This is correct. (b) The Final Plat conforms to the requirements of City Code Section 9.115. This is correct. Staff recommends the Planning and Zoning Commission approve the proposed Preliminary and Final Subdivision Plat request made by Randy Rauwerdink of Venture Pass Partners for the property located at 5220 Central Avenue NE. Questions from members: Kinney asked if they are splitting this into two parcels because it will be two separate owners. Rauwerdink stated it is because it will be two separate buildings so it should be on two separate parcels for tax purposes. He said it may one day have two separate owners but that is not the reason for the split. Planning & Zoning Minutes Page 8 December 2, 2014 Little asked how many accesses there are to this property. It was noted that there is one off 53rd Avenue that comes up through US Bank property —there is one off Central Ave in front of US Bank —there is one off Central between US Bank and 5220 Central and an access at the controlled intersection at 52nd Avenue. The entrances and drive isles are shared by all the businesses from 5150 to US Bank as there is no official service road to access the business sites. Little then asked what the setback of the existing structure would be from the new lot line. Holmbeck said the existing building will be 5 feet from the lot line and the two buildings will be separated by 25 feet to accommodate a drive tbru for the new building. Kinney asked if the storm water plan would cover both properties. Holmbeck said the Public Works Director had reviewed this and his comments were included in the report provided to members and did cover the entire site. Public Hearing Opened David Lu, the owner of the mall from 5150 -5176 Central Avenue stated he is concerned with increased traffic congestion at the controlled intersection at 52nd Avenue which is the entrance for customers to access his mall. Little asked him if he had suggestions to improve the traffic flow. Little thought this access was better than most businesses have since it does have a stop light to help control the incoming and out -going traffic. Lu suggested widening the entrances off Central Avenue, and not to build the new separate building. Little said the new building has already been approved in the previous case and motion. He went on to say that MnDot reviewed these plans and made their comments. Any additional accesses or changes to existing ones have to be approved by MnDot. He went on to say that these accesses served all the businesses in years past when this building was open for business and there never seemed to be a huge problem. He also told Lu that he probably will benefit from the increased traffic and the redevelopment next to him as more people will notice tenants in his mall also. Szurek asked Lu about his pylon sign and thought that a monument sign was required by our code. Lu stated the sign company applied for the permit and it was approved by staff. Szurek stated if the sign were moved to a different location on the site it would allow more room for better traffic flow. Public Hearing Closed Motion by Little, seconded by Kinney, to waive the reading of Resolution No. 2014 -90, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Little, seconded by Kinney, that the Planning and Zoning Commission recommends that the City Council approve the Preliminary and Final Subdivision Plat for the property located at 5220 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: Planning & Zoning Minutes Page 9 December 2, 2014 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall provide required utility and drainage easements for all newly created lots and shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. The applicant shall be responsible for filing the approved subdivision survey with the Anoka County Recorder's Office. The approved Preliminary Plat and Final Subdivision Plat shall become invalid if the subdivision is not filed with the Anoka County Recorder's Office within one (1) year of the date of City Council action. All ayes. MOTION PASSED. The following Resolution will go to the City Council December 8, 2014. RESOLUTION NO. 2014 -90 RESOLUTION APPROVING A PRELIMINARY PLAT AND FINAL SUBDIVISION PLAT FOR 5220 CENTRAL AVENUE NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case 92014 -1201) has been submitted by Randy Rauwerdink of Venture Pass Partners to the City Council requesting Preliminary Plat and Final Subdivision Plat approval from the City of Columbia Heights at the following site: ADDRESS: 5220 Central Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Preliminary Plat and Final Subdivision Plat for the property located at 5220 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on December 2, 2014; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed Preliminary Plat and Final Subdivision Plat 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, that the City Council accepts and adopts the following findings: (a) The proposed Preliminary Plat conforms to the requirements of City code Section 9.115. (b) The proposed subdivision is consistent with the Comprehensive Plan. Planning & Zoning Minutes Page 10 December 2, 2014 (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. (d) The Final Plat substantially conforms to the corresponding preliminary Plat. FURTHER, BE IT RESOLVED that the attached conditions, survey, and other information shall become part of this Preliminary Plat and Final Subdivision Plat and approval; and in granting this Subdivision the city and the applicant agree that this request shall become null and void if the subdivision has not been filed with the Anoka County Recorder's Office within one (1 ) calendar year after the approval date. CONDITIONS ATTACHED: The Planning Commission approves the Preliminary Plat and Final subdivision Plat for 5220 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: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall provide required utility and drainage easements for all newly created lots and shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. The applicant shall be responsible for filing the approved subdivision survey with the Anoka County Recorder's Office. The approved minor subdivision shall become invalid if the subdivision is not filed with the Anoka County Recorder's Office within one (1) year of the date of City Council action. Other New Business A. Updated Single Family Rental Map and Foreclosure Map Holmbeck passed out maps showing the number of properties that have rental licenses and the properties that have been through the foreclosure process since 2007. Little asked if there was a cap on the number of rentals we could have in the city. Holmbeck stated there was not a cap. He then asked if the Huset Park Association had a cap on the number and was told there is a 5% cap and that an approval letter from the Association is required to get a rental license. Planning & Zoning Minutes Page 11 December 2, 2014 B. League of MN Cities Land Use Training Update Wickham reminded members he had sent an e-mail regarding an on -line course the City would like them to take at their convenience. He told them he would like to see the class completed by January I" if at all possible. He will have the information re -sent to each member and told them it would take about an hour of their time. Wickham explained the City receives reduced rates for Insurance that covers any type of land use claims that could potentially occur. C. Sarna's Sign Kinney appreciates Sarna's Business in our City, however she has a concern over their illuminating signage. She feels it is way too bright and a distraction to traffic. Little agreed with Kinney and said it is actually to the point of being dangerous. Holmbeck told members they have been receiving a lot of complaints about the signage recently. She said a letter was sent to them earlier in the year to tone down the sign and that they contacted a company who supposedly brought the sign into compliance, but it appears to have changed again. Members felt the white and green background were especially offensive and should be eliminated totally. Holmbeck said staff would address this matter with Mr. Sarna again. D. 4001 University Avenue There again seems to be a lack of progress on this project. Members want the owner and contractor put on notice again that they need to continue with this project or the City will have to take action to remedy the problem. Little suggested the City require Performance Bonds or Proof of Funding for future projects to eliminate situations such as this one has been. E. Comprehensive Plan Kinney asked when the process will begin to update the Comp Plan. Wickham told her that a memo was given to members just to notify them that we will have to undertake this project over the course of the next few years. He said the real process begins in 2016. It was noted the next meeting would be Tuesday, January 6, 2014 The meeting was adjourned at 8:00 pm. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS CASE NUMBER: 2015 -0301 DATE: February 18, 2015 PLANNING REPORT TO: Columbia Heights Planning Commission APPLICANT: Leslie Delisi, Frattallone's Ace Hardware 3527 Lexington Ave N Arden Hills, MN 55126 LOCATION: 4340 Central Avenue NE Columbia Heights, MN 55421 REQUEST: Conditional Use Permit for Outdoor Sales PREPARED BY: Elizabeth Holmbeck, Associate Planner INTRODUCTION Leslie Delisi, representing Frattallone's Ace Hardware, is seeking a Conditional Use Permit (CUP) that would allow outdoor garden sales in the parking lot of the Columbia Heights Value Center (4340 Central Avenue NE). The Columbia Heights Ace Hardware store applied for an Interim Use Permit (temporary) to operate its first outdoor garden sale last spring. This year the store is applying for a CUP, which will run with the property and allow for outdoor sales throughout the year, without the need to apply in the future. Outdoor Sales requires a Conditional Use Permit per code Section 9.110 (E) (3) (i). ZONING ORDINANCE The property located at 4340 Central Ave. NE is located in the GB, General Business Zoning District. Adjacent properties to the north and south are zoned LB, Limited Business and R -2A, One and Two Family Residential. The properties to the east are zoned GB, General Business and the properties to the west are zoned R -2A, One and Two Family Residential. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Allowing seasonal outdoor sales is consistent with the City's Comprehensive Plan. City of Columbia Heights Planning Commission March 3, 2015 Frattallone's Ace Hardware - Conditional Use Permit Case # 2015 -0301 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: (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. Outdoor Sales or display is specifically listed as a Conditional Use in the General Business (GB) 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 existing parking lot to operate seasonal outdoor sales, which is a compatible use to the existing commercial uses in the Valu Center Mall. (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 seasonal outdoorsales. (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. This is correct. (fJ 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 outdoor sales display area is not anticipated to create traffic issues. At this time the parking lot has ample space available to accommodate the outdoor seasonal Page 2 of Columbia Heights Planning Commission March 3, 2015 Frattallone's Ace Use Permit Case # 2015 -0301 display area and provide plenty of parking for customers. 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 outdoor sales display area. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMMENDATION Staff recommends approval of the proposed Conditional Use Permit for Seasonal Outdoor Seasonal Sales at 4340 Central Ave NE. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for Seasonal Outdoor Sales located at 4340 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: 1. The nature of the use associated with this facility shall be limited to seasonal sales. 2. Outdoor agricultural /produce sales located within the public right -of -way are prohibited. 3. Outdoor storage and display under the canopy along the building storefront is prohibited. 4. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 5. Music or amplified sounds shall not be audible from adjacent residential properties. 6. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty - two (32) square feet per sign. 7. The outdoor storage shall be located as indicated on the site plan 8. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. ATTACHMENTS • Draft Resolution • Location Map • Application • Applicant's Narrative • Site Plan Page 3 RESOLUTION NO. 2015-20 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR SEASONAL OUTDOOR SALES AT FRATTALLONE'S ACE HARDWARE -4340 CENTRAL AVE. NE. COLUMBIA HEIGHTS WHEREAS, a proposal (Case #2015 -0301) has been submitted by Leslie DeLisi, representing Frattallone's Ace Hardware to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4340 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for seasonal outdoor sales. WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on March 3'a, 2015; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission 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 City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings: 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 betaken 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. CONDITIONS ATTACHED: 1. The nature of the use associated with this facility shall be limited to seasonal sales. 2. Outdoor agricultural/produce sales located within the public right -of -way are prohibited. 3. Outdoor storage and display under the canopy along the building storefront is prohibited. 4. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 5. Music or amplified sounds shall not be audible from adjacent residential properties. 6. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. 7. The outdoor storage shall be located as indicated on the site plan 8. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. Passed this 9`s day of March 2015 Offered by: Seconded by: Roll Call: Attest: Katie Bruno Council Secretary Mayor Gary L. 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NE OL'U14911.^ ElrHTS r 055 ,a 1 rrn 4357 0 M M M �� 42NU AVL NF NMI 4t , 415,1 '1157, 4137 31 raisn NJa eu 0 nrmi Ptcm Flown 9pmga(:af1 L 301 42 59 1 4239 Z 4225 LL: Z, W al Ji Hi ZI J. UI b� 970 41 m o 0 0 m c � o oc Scale 1.4800 INIID AVtNE _I1_- 01/19/201S MON 11:23 FAX CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(H) PRESENT ZONING; PRESENT LAND USE PLAN DESIGNATION: To be filled out by Applicant; DATE RECEIVED; DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: (a 001/009 PROPOSED NAME OF DEVELOPMENT:. (I /nom SS�/Zf PROJECT ADDRESSILOCATION: �iSO L8f1 �� `elf LON PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: 6 a (attach separate page if necessary): a written namWe describing the Intended use of the property and v m�� th he nropase and intent the use that h2�'e the Zoning been and to .. _ 11 Ina GUn7Ni cilviu °rc ..3..11 FHONZZ 5 - &L jl � FAX w APPLICANT ai3r]�A^�` /l Li9+ PAGER —CELL# i0 "3'3(a0 -3�3g E -MAIL 8I j � aJ� — ' ADDRESS (� }i`t '0— CITY i 1 Yt qd --= STATE FEE OWNER OF PROPERTY e. ADDRESS , ) 6 74975 t � 1 _ PHONE CITY t STATE Page 1 of 2 ZIP ZIP7 7 02/12/2015 TEU 15:37 FAX 01/10/2015 NON 11:24 FAX CITY OK COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION Q002/004 THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND PEVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUOMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET F11GINEERINO REOUIREMENTS SET 9Y THE CITY ENGINEER OR CONTAINED IN THE CITY CODE, ITEMS TO BE eIVEN TO APPLICANT WITH APeiICAT10N A. AppllcaWn Gheddist 0. Sched1le of Plaonkm and Zoning Comml?slOP Maefts A`i Cfi P' ;CAIVtit 4 SubrattaI as r6Qhkett5n the attached eppsee0m 0e1 a10ng what Is Ptoposed'br tha Property. S. TWO Copies of a Cat of property owners wlthln 360 feet of the subject prOPeRy =. APPLICATION 1!EE9: A. $200,00 Conditional Use Parmlt Fee _E . TOTAL AMOUNT RECEIVED CITY RECEIPT NUMSER, i0. DATE RECEIVED Acknowledgement: The underaigned hereby represents upon att of tht pentkles of law. for the WPM of Inducing the City of COIumWa Heights to lake the aabon heleln.mquesled, that all statements herein art We and that as work herein mentioned ws! be done In accorbncewith the Ordkmnces Of the CRy of GdumDla Revised: 2006 Approved by the caumbla H ppffa Planning �mbia It"hte C ttv C�ai On Pege2 ot2 160011,001 01/19/2016 VON 11:24 FAX Frattallone's ACE Hardware 3527 Lexington Ave N Arden Hills, MN 55126 We are applying for the use of a portion of the parking lot for a temporary garden tenter. It would be similar in size to the Linder's structure that occupied the area In front of the former Rainbow Foods. We believe it would be compatible with the existing businesses and welcomed by the surrounding community. Thank you for your consideration, Q003/004 u r p UZ /Z9 /ZUl5 IUL 11:07 FAA ooi; out CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2015 -0302 DATE: February 20, 2015 TO: Columbia Heights Planning Commission APPLICANT: Julie Johnson, First Lutheran Church LOCATION: 1555 401h Avenue NE Columbia Heights, MN 55421 REQUEST: Amend Conditional Use Permit for Charter School PREPARED BY: Elizabeth Holmbeck, Associate Planner INTRODUCTION Julie Johnson, representing First Lutheran Church, is seeking to amend the property's Conditional Use Permit (CUP) to increase the number of rooms used for the Charter School (Prodeo Academy). The Church previously applied for a CUP in May of 2013, and was granted approval. Since then the school has been in operation at the property located at 1555 40th Avenue NE. As part of the first CUP'S approval, a condition was put on the permit that the total classrooms used by the school would not exceed 10. Currently the school is growing and in need of more classrooms for the current number of students enrolled. The applicant feels that there is an adequate amount of space at the church to allow the charter school to operate in 18 classrooms. The church will continue their operations as usual. A School, Public or Private, K -12 requires a Conditional Use Permit per code Section 9.109 (E) (3) (c). ZONING ORDINANCE The property located at 1555 40th Ave. NE is zoned R -1, Single Family Residential, as are the properties to north, east and west. The properties to the south are zoned R -2A, One and Two family residential and Park and Open Space. Schools are permitted as a Conditional Use in Residential Districts. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for Religious Institution. A school inside a religious institution meets the spirit and intent of the Comprehensive Plan. FINDINGS OF FACT r of Columbia Hei First Lutheran Church Planning Commission itional Use Permit March 3, 2015 Case # 2015 -0302 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: (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. Schools, public or private, K -12 are specifically listed as a Conditional Use in the R -1, Single Family District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Religious Institution. The proposed use is not changing the current use, rather just adding to it. A church and school are both in harmony and meet the general intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use as a school will not impose hazards or disturbing influences on neighboring properties. The subject property was originally built as a school. There is more than enough room at the church to accommodate the schools classroom needs and parking needs. (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 charter school to the church. (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 the school. (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. Page 2 City of Columbia Heights Planning Commission March 3, 2015 First Lutheran Church - Conditional Use Permit Case # 2015 -0302 The original use of the subject site was for a school, at which time the parking lot was built appropriately. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Considering the church was previously a school there should be no negative cumulative effect. (i) The use complies with all other applicable regulations for the district in which it is located. This is correct. RECOMMENDATION Staff recommends approval of the proposed Conditional Use Permit for a school at 1555 40 'h Ave NE, Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for a school located at 1555 40`h Avenue 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: 1. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives ATTACHMENTS • Draft Resolution • Location Map • Application • Applicant's Narrative • Site Plan Page 3 RESOLUTION NO. 2015-21 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER SCHOOL AT FIRST LUTHERAN CHURCH -1555 40'h AVENUE NE WHEREAS, a proposal (Case #2015 -0302) has been submitted by Julie Johnson, representing First Lutheran Church to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 155540th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Conditional Use Permit for Charter School. WHEREAS, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on March 3rd, 2015; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission 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 ofuses, 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: 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 yea after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. Passed this 9`s day of March 2015 Offered by: Seconded by: Roll Call: Attest: Katie Bruno Council Secretary Mayor Gary L. Peterson 1555 40th Ave NE __ RcLj TERRA CF � -1•' __- !/., —� A ? /L�y_ _J./ 4134 %y 4137 4133 %j 4130 4137! /� \ o Y a 1�17Z,1119 +.' 4128 QO 4133 4127 f— 764129 // 4126 f/ 412 4127 14119 4107 4112 r--all 10 %�,,, 4101 % �yryy/ P� yam % ^y'b' 5E NE 41ST AVE NE 41STAVE NE e� 4065 1508,// y� you 4057 v w % % 4056 °m n ! 4053 00 / 4055 /j 4050 4046 ! ._ —� • C— 4047 ro / % 4041 ,� %+ 4044 4040 4041 9 4036 z % 403 4030 ! / + q/4037 4035 ,= Ov'k ' 4030 '^ 4029 //�-- - a 4027 40/ 20 j ti /' /404O 10 1 1 7 O 4020 4015 = 4019 4010 4009 4011 4007 165 000 5 440(` % 0 m N N m O m m gp05 40TH AVE NE 40TH AVE NE 40 O 3991 wdy ' 3 987 3 988 e M1 m '798 '79 d) 3985 ,y OSTANDER J ei7 3979 3974 y 3979 N j i PARK�o 3975 3970 J m 3973 .7 ,7 9.J 9�J 3971 3964 "� m ,796'969 q, J19 \ SOa 3961 _ 1 3963 3958 rn 3967 ~ e �s < 3949 �'� 6J m 3947 3948 ss 3955 3952 '7 - QO '�sy w Stale 12400 N 3941 3944 - 399b S, 3945 3936 z 3937 3938 3947 3940 '719 p0 3941 3932 3935 3934 — JS 7� ;; ,59 3939 3934 3926 3929 _s 3933 Ae en fYClu flown 9penypf :0:6 CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(H) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION: DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant: i� f PROPOSED NAME OF DEVELOPMENT: �; r5 f Lt�� fie vrzr, Lr�.0 CLYC- PROJECT ADDRESS /LOCATION: 155 s �I[� A u e- l y E LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): PRESENT USE OF PROPERTY: CkLLv C h CLy\C\ ("ka v- "f e tr S C h b n I PROPOSED USE OF PROPERTY: o0 fn� Sa-m2. — 11"\CvrciS2cx Space ttirCfr�lr�e2 ��� REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and justification for your request. Describe any modifications and /or limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICANT V U-I E- JO k So n PHONE -Z3 -799-96-r. 3 FAX -163 -7 &j t'j -Oq$ % E -MAIL CiL) el0v)nsOY1 COMPAGER ADDRESS (SS5 140" AJ e N CITY CoIUYA�i0, [AeiC\kfS FEE OWNER OF PROPERTY ADDRESS CITY CELL # STATE l "I I V ZIP .5S C/ 2- 1 `101361101 STATE Page 1 of 2 FAX ZIP CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY CONDITIONAL USE PERMIT APPLICATION A. Submittals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200.00 Conditional Use Permit Fee TOTAL AMOUNT RECEIVED $ '2-pp .o 0 CITY RECEIPT NUMBER ('p� � DATE RECEIVED 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: SIGNATURE (If different from Applicant) DATE DATE '. 6(aibeck- U-IA �I I- COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised: 2006 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 F jrSt Columbia Heights, MN Lutheran Church 1555 40th Avenue N.E., Columbla Heights, MN 55421 763.788.9653 W W W.flCCh.org January 2015 Amending: CONDITIONAL USE APPLICATION FOR FIRST LUTHERAN CHURCH OF COLUMBIA HEIGHTS In July 2013, we received approval from the City of Columbia Heights to begin leasing space to Prodeo Academy Charter School. At this time we request approval for the Charter School, Prodeo Academy, to increase the space used by the charter school up to 18 classrooms (see attached map of building), plus office space and share with First Lutheran use of the fellowship hall, gym and choir room. There may be future building of a wall to divide a room or two and perhaps take down a temporary wall between Ezra and Resource Room. Prodeo Academy's school hours are 7 am to 3:45 pm Monday through Friday, mid - August to mid - June each year. There are approximately 66 children in each grade, three classes per grade. The Charter School began with 66 kindergarten students in August 2013. The following year, an additional 66 kindergarten students were enrolled, adding to the first graders. We would like to continue this pattern for the next several years. Approximately 20 teachers, administrative employees and volunteers of the school use our parking lot. This number may double over the next several years. Our parking lot has 206 parking spaces. See attached site plan. Property Owner Signature: On Behalf of First Lutheran Church (see attached Corporate Resolution) lie Johnso us1ness Administrator CORPORATE RESOLUTION I, Suzy Vescio, do hereby certify that at a meeting of the Council of First Lutheran Church of Columbia Heights, Minnesota a corporation organized under the laws of Minnesota, held on the 25th day of January 2014 at which said meeting a quorum was present and voting throughout, the following resolution, upon motion made, seconded and carried was duly adopted and is now in full force and effect: RESOLVED, that the President, Vice - President, Treasurer, Julie Johnson, Business Administrator ; or any one of such officers be and they are fully authorized and empowered to purchase, invest in, acquire, sell, assign, transfer or otherwise dispose of any and all types and kinds of securities including but not limited to stocks, bonds, debentures, notes, rights, options, warrants, certificates of and every kind and nature whatsoever; and to enter into agreements, contracts and arrangements with respect to such security transactions whether or with securities related individuals or agents; to execute, sign or endorse on behalf of and in the agreements and to affix the corporate seal on same. I further certify that the authority thereby conferred is not inconsistent with the Charter or By -Laws of this Corporation, and that the following is a true and correct list of officers of this Corporation as of the present date: Officers: Suzy Vescio, President David Maurer, Vice President John Peterson, Treasurer Kathy Ballard, Secretary In witness whereof I have set my hand this day, January 25, 2014. Suzy Vesc' resident |J / � ! | � § \ JE w �2® . 3 2\ ;§§ « /E = 6 7 ) © z 7 = fm\� ] 2 n § 0 « | � /I 7 6. -R Q - 2£ ).! ) !! �!� § \ w �2® . 3 2\ ;§§ « /E = 6 7 ) © z 7 = fm\� ] 2 n § 0 Ik ILL ° /I 7 6. -R Q - 2£ ).! ) !! �!�