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HomeMy WebLinkAbout3-3-15 minutes DRAFT MINUTES OF PLANNING AND ZONING COMMISSION MARCH 3, 2015 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Fiorendino, Kinney, Lee, and Szurek. Also present were Loren Wickham (Asst. Community Development Director), Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Fiorendino, seconded by Little, to approve the minutes from the meeting of December 2, 2014. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2015-0301 APPLICANT: Frattalone’s Hardware LOCATION: 4340 Central Ave NE REQUEST: Conditional Use Permit Holmbeck told members that 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. Planning & Zoning Minutes Page 2 March 3, 2015 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 outdoor sales. (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. (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 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 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. Planning & Zoning Minutes Page 3 March 3, 2015 (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 Seasonal Outdoor Seasonal Sales at 4340 Central Ave NE. Questions/comments from members: Fiorendino asked if it was going to be the same size and location of the Linder’s tent. Holmbeck said it would be the same size and location of the tent they had last year in front of their store. Kinney stated that the site plan should have indicated those two items. She doesn’t feel comfortable approving the CUP without the information as this is a permanent approval that stays with the property. Szurek suggested that Ace Hardware provide this information on the Site Plan prior to the City th Council consideration at the March 9 meeting. Public Hearing was Opened. No one was present to speak on this. Public Hearing Closed. Motion by Kinney, seconded by Fiorendino, that the Planning Commission recommends 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: The nature of the use associated with this facility shall be limited to seasonal sales. 1. Outdoor agricultural/produce sales located within the public right-of-way are prohibited. 2. Outdoor storage and display under the canopy along the building storefront is prohibited. 3. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 4. Music or amplified sounds shall not be audible from adjacent residential properties. 5. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty- 6. two (32) square feet per sign. Planning & Zoning Minutes Page 4 March 3, 2015 The outdoor storage shall be located as indicated on the site plan and the size shall be 7. provided. If parking becomes an issue the applicant shall submit a transportation plan to staff to 8. address parking alternatives. th All ayes. MOTION PASSED. The following Resolution will go to the Council March 9. RESOLUTION NO. 2015- 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 rd Zoning Code on March 3, 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. Planning & Zoning Minutes Page 5 March 3, 2015 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. 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 and the size provided. 8.If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. th Passed this 9 day of March 2015 Offered by: Kinney Seconded by: Fiorendino Roll Call: All ayes Planning & Zoning Minutes Page 6 March 3, 2015 CASE NUMBER: 2015-0302 APPLICANT: First Lutheran Church th LOCATION: 1555 40 Avenue NE. REQUEST: Conditional Use Permit Holmbeck explained that 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 th The property located at 1555 40 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 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. Planning & Zoning Minutes Page 7 March 3, 2015 (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. 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. Planning & Zoning Minutes Page 8 March 3, 2015 Holmbeck stated that she had received one e-mail from a neighboring resident that complained about the drop off and pick up location that the buses use. Since the teachers and staff park stst along 41 Avenue and the buses pick up and drop off students along 41 Avenue, this negatively impacts traffic and the ability for residents to park near their own homes. Holmbeck passed out a copy of the e-mail to the members. She then told members that the Church is aware of this complaint and will try to remedy the situation. Staff recommends approval of the proposed th Conditional Use Permit for a school at 1555 40 Ave NE. Questions/comments from members: Kinney asked if the request meets all the other code requirements. Holmbeck stated it did. Kinney then asked what the new classrooms would be used for. Holmbeck told her they are ndrd expanding to accommodate the addition of 2 and 3 grade class space. Fiorendino asked if there was adequate parking if the expansion is approved. Holmbeck stated the property has a large parking lot already so that is not an issue. He then asked if they are stst legally allowed to park along 41 Avenue and to also use 41 Avenue as a pick up and drop off center for buses. Holmbeck stated it was allowed. Fiorendino thought it would be a better idea to do this in the parking lot on the south side of the building. Public Hearing was Opened. st Kurt & Renee Meyer of 1629 41 Avenue live just north of the Church. They are not opposed to the expansion of the school, however, they do think the school should be using the parking lot on site so that the neighborhood is not disrupted. Mrs. Meyer is starting a home day care business st and because the teachers/staff park along 41 Avenue in front of her home, and the buses also st park along 41 Avenue, this prohibits anyone from accessing her property from the street. st Rick Campion, Executive Director of the School, admitted that staff is parking along 41 Avenue st and a few of them on Tyler Street. He stated that the buses are only on 41 Avenue for a short time in the mornings and may be there slightly longer for the afternoon pick up. As the discussion progressed the members were told that the classrooms are closest to the entrance st along 41 Avenue and it is the most direct route for the students to use. If they move the bussing area to the parking lot the students would have to be directed through the inside of the building. st Since school personnel is limited in the mornings, 41 Avenue was the best option for them. Mr. st Campion suggested that buses be allowed to continue their drop off in the mornings on 41 Avenue and then use the parking lot for pick up in the afternoon, and that he will notify all staff to park in the parking lot. Planning & Zoning Commission Minutes Page 9 March 3, 2015 All the Commission members concurred that the entire school staff should be parking in the parking lot and wanted that added as a condition of the approval. Then the discussion continued as to where the bus pick up and drop off should be. Szurek asked if the school had considered using Tyler Street for the bus area. She said that is where the buses used to line up when it was Silverwood School. Campion said that could work but that students would have to use the entrance on the NW corner of the site, which would require them to walk along the sidewalk about 50-70 feet instead of 20 feet as they do now. The members didn’t feel that was out of line or a safety issue as they would be on the sidewalk leading to the entrance. Little said an easy solution would be to use the parking lot for all school parking and bussing. This would be the safest for the children and would alleviate any neighborhood traffic issues. Kinney stated she wouldn’t approve this without a solution to deal with the traffic issues as determined by Public Works. Holmbeck said that the Public Works Director had already reviewed this case and had no comments regarding traffic/parking changes. Szurek told members that the Planning & Zoning Commission can recommend a solution to the City Council as a condition for approval of this request so they can make the final decision. Based on that the following recommendation was made: Motion by Kinney, seconded by Little, that the Planning Commission recommends the City th Council approve the Conditional Use Permit for a school located at 1555 40 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: The City reserves the right to require the applicant to submit a transportation plan if traffic 1. issues arise in the future. All bus drop-offs in the morning will occur on Tyler Street. 2. All bus pick-ups in the afternoon will occur in the parking lot. 3. All school staff will park in the parking lot. 4. Roll Call: All ayes. MOTION PASSED. Planning & Zoning Minutes Page 9 March 3, 2015 RESOLUTION NO. 2015- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A CHARTER th SCHOOL AT FIRST LUTHERAN CHURCH-1555 40 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: th ADDRESS: 1555 40 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 rd Code on March 3, 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 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. Planning & Zoning Minutes Page 10 March 3, 2015 CONDITIONS ATTACHED: 1.The City reserves the right to require the applicant to submit a transportation plan if traffic issues arise in the future. 2.All bus drop-offs in the morning will occur on Tyler Street. 3.All bus pick-ups in the afternoon will occur in the parking lot. 4.All school staff will park in the parking lot. th Passed this 9 day of March 2015 Offered by: Seconded by: Roll Call: Other New Business A.League of MN Cities Land Use Training Holmbeck reminded members to take the on-line course if they haven’t already done so. B.Update on Blockbuster Redevelopment Site Holmbeck told members that Noodles & Co. and Chipotle have both committed to adding a store at this site. There are a couple more tentative businesses that are still in the negotiations stage. Chipotle will be in the new stand-alone building and will not have a drive-thru isle as originally proposed. C.Sarna’s Sign After the last meeting, staff contacted Mr. Sarna and explained that several complaints had been received regarding their illuminating signage. Mr. Sarna was very cooperative and immediately made adjustments to the brightness of the sign and contacted staff to ensure it was now within an acceptable range. D.Connie Buesgens-Discuss Concept for use of Central Valu Center Holmbeck told members that Ms. Buesgens wanted to share a possible use of the mostly vacant mall with members based on a similar one that was redeveloped near the west coast. She was unable to attend the meeting at the last minute, but any information received will be forwarded to the members. Planning & Zoning Commission Minutes Page 12 March 3, 2015 E.Resignation of Commission Members Christ Little told members that he is resigning his position on the commission as he will be moving out of the City in April. And Tracey Kinney told members that she is not renewing her position and her term expires in April also. So we have two vacant positions to be filled. There are no cases for an April meeting so the next meeting should be Tuesday, May 5, 2015. The meeting was adjourned at 7:55 pm. Respectfully submitted, Shelley Hanson Secretary