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HomeMy WebLinkAbout2017-03-07 P&ZCH COLUMBIA HEIGHTS Planning and Zoning Commission Meeting March 7, 2017 7:00pm Columbia Heights City Hall 590 401" Avenue NE Columbia Heights, MN 55421 1. Call to Order and Roll Call. a. Approval of February 7", 2017 Planning and Zoning Commission Meeting Minutes 2. Public Hearings a. Case # 2017 -0301, Final Plat 4707 Central Ave. NE, Columbia Heights, MN 55421 Venture Pass Partners, LLC b. Case # 2017 -0302, Appeal 4048 Central Ave. NE, Columbia Heights, MN 55421 ASA, LLC 3. Adjourn 03 -07 -17 MINUTES OF PLANNING AND ZONING COMMISSION FEBRUARY 7, 2017 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Michael Novitsky was sworn in as the new Planning & Zoning Commissioner, Commission Members present- Hoium, Novitsky, and Szurek Members Absent: Fiorendino and Schill Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting ofJanuary4, 2017. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -0201 APPLICANT: Venture Pass Partners LLC LOCATION: 4707 Central Avenue REQUEST: Site Plan Approval Holmbeck stated that Venture Pass Partners, LLC has applied for Site Plan Review on behalf of Hy -Vee Inc., for the vacant parcel located at 4707 Central Avenue NE., Columbia Heights, MN 55421. The applicant will be re- platting the property to allow for a convenience store to be built on the south parcel and a future restaurant on the north parcel. The proposal includes a 4,500 square foot convenience store with gasoline sales and a coffee shop with a drive -up. There will be 12 gasoline dispenser positions on the site. Additionally, a number of exterior site improvements are proposed including a retaining wall along the east side of the parcel boundary and landscape improvements throughout the site. Holmbeck went on to explain that the applicant is currently searching for a tenant for the north end of the vacant property to be redeveloped at a later date. As of now, the applicant is looking at potential tenants that would be considered fast food or fast casual dining. Site plans for the northern end of the site will be brought to the Planning and Zoning Commission once a tenant is secured and formal elevations and site plan documents can be drawn up. A narrative was provided by the applicant. ZONING ORDINANCE The property located at 4707 Central Avenue NE., is located in the Mixed Use Zoning District, as are the properties to the east. The properties to the north are located in the General Business Commercial Zoning District. The properties to the south are located in the Multiple Family Residential Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for mixed use development (commercial, residential and institutional uses), and specifically transit oriented development. Developing the vacant parcel to include commercial uses which complement the existing residential development is consistent with the goals and intent of the Comprehensive Plan. The Comprehensive Plan designates areas that are next to public transit to be used for mixed use development with convenient pedestrian access. P & Z Minutes Page 2 February 7, 2017 The proposed development will enhance the pedestrian connection from Central Avenue to the neighborhoods to the east. There are existing transit stops located on both sides of the street on the corner of 47th and Central Avenue. To the north, the pedestrian bridge spans across Central Avenue at 49th Avenue connecting Central Avenue to the City's main education facilities. The proposed commercial development will help to calm the vehicular traffic in the area by providing a more close up, street presence. Holmbeck told members that the City recently secured a grant to fund a pedestrian safety improvement project along the Central Avenue Corridor from 47th Avenue to the City's northern boundary at 51 s` Avenue. This grant will include funding for landscaping, street lighting and sidewalk improvements. The proposed commercial development in combination with the City's grant initiative along this stretch of the corridor will help to provide a welcoming pedestrian accessible environment and reduce pedestrians crossing at inappropriate locations. 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 construction along Central Avenue and 40th 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 and how the applicant has attempted to meet the guidelines: • Buildings maybe setback a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. The proposed building does not meet this guideline as it is located 130' feet from the property line along Central Avenue. The Design Guidelines do allow for exceptions in the cases where topography or other physical conditions would prevent parking areas from being located to the rear of the building. In this case due to the proposed use being a gas station where the primary function is the fuel station, the pumps are located right off Central Avenue. In addition, there is a drive -up for the proposed attached coffee shop which needed to be located along the rear of the building. • The primary facade(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. The proposed building meets this guideline. The building is articulated into smaller increments which define the different elements of the store (coffee shop and gas station). • Building height shall be a minimum of 22 feet. The proposed building meets this guideline with elevations which are staggered. The building will be 20' at the lowest faVade, 22' at the medium faVade height and 24'8 " at the highest fagade. P & Z Minutes Page 3 February 7, 2017 • Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. The proposedplan meets this guideline on the front and sides of the building, however there is only one window shown on the rear side of the building. This window is for the coffee shop drive thru. • The building should have a well - defined front facade with primary entrances facing the street. The proposed building will have a well - defined front facade, with the primary entrance facing Central Avenue. • Building colors should accent, blend with, or complement surroundings. The colors that are proposed are neutral, coincide with the company's recognizable grocery and coffee shop brand, and should complement the surrounding area. • No more than two principal colors may be used on a facade 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. The proposed building will consist of ivory (beige) and Kansas (red) colored brick. There will be grey aluminum storefront framing, throughout the entire building. Starbucks will have a dark Grey and brown facade. The plan also shows an accent awning /window covering to be green. • 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 facade, provided that it is used only on the lower third of the building wall. The proposal meets this guideline. The building will be constructed primarily of brick. • Architectural details such as ornamental cornices, arched windows and warm -toned brick with bands of contrasting color are encouraged in new construction. The proposal meets the intent of this guideline. The proposal includes ornamental cornices, warm toned brick, and contrasting warm neutral tones of colored brick. • 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. The proposed landscape plan includes a variety of canopy and understory trees, shrubs, and perennials and grasses to be planted around the perimeter of the site, which meets the City's Landscaping requirements and will provide adequate screening. The larger, taller trees will be planted along the south and east side of the property to screen the building and parking areas from the adjacent residential uses. P & Z Minutes Page 4 February 7, 2017 SITE PLAN 1. Parking The proposed plan identifies 29 parking stalls for the gas station and coffee shop part of the site. Staff believes this number is adequate, as it meets the minimum zoning requirement. For convenience facilities, the Zoning Code requires 6 spaces plus 1 parking space per 300 sq. ft. of gross floor area (total of 21). The proposal identifies future proposed parking for the north property which will be subject to parking requirements once a tenant is established. 2. Access The site will be served by two access points off Central Avenue. One entrance currently exists, off Central Avenue on the north end of the site, and the second is onto 47s' Avenue servicing the south end of the site. MNDOT has received the plans and a review is pending. 3. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing to plant trees and shrubs which will complement the layout of the development. There will be canopy and understory trees, shrubs, and perennials and grasses to be planted around the perimeter of the site, which meets the City's Landscaping requirements and will provide adequate screening. 4. Lot Dimension, Height and Setback Requirements The proposed plan does not have specific requirements called out in the ordinance, as the property is Zoned Mixed Use. Properties with this zoning designation do not have specific setback or dimensional requirements. This is in order to remain flexible for development proposals. Staff believes the proposal does show reasonable setback, height and dimensional information. 5. Other The proposal includes a preliminary rendering for a monument sign, and wall signage. However, signage will be addressed when the property owner or tenant applies for a Sign Permit at a later date. Signage must be consistent with Design Guidelines and with City Code. Unless a Conditional Use Permit is required, the sign permit process is handled administratively by Community Development Staff. 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 applicable 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 for Mixed Use Development. Staff believes the proposed Site Plan for 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 parcel. P & Z Minutes Page 5 February 7, 2017 d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right - of -way. The proposed Site Plan for meets all the general development standards outlined in the Zoning Code and achieves the majority of the Design Guidelines outlines previously. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Staff recommended approval of the proposed Site Plan for the Hy -Vee Convenience Store to be located at 4707 Central Avenue NE. Questions from members: There were no questions. Public Hearing Opened Paul Biemat from 1070 Grandview Court #306 wanted to express the concerns of the homeowner's association and himself about the type of retaining wall that may be used. He hopes they will use the same boulder wall design that is currently used along the east side of the development. Dale Parks, an Engineer from Westwood Professional Services, and is working with Hy -Vee on this project, was present to answer questions. He said their plans for the wall are preliminary at this time. He said they will most likely use some type of stone or matsuri ball materials for the wall that will be designed by a Licensed Engineer. This will be submitted to staff at a later date. Szurek asked Mr. Parks whether the sign was going to be a monument sign or a pedestal sign. She said the plan submitted was unclear on this matter. Parks said the rendering was only meant to reserve a space for the sign and that they are aware that they will need to submit a plan for approval for this at a later date. Parks said they have not discussed the signage with staff as of this time. Szurek said she thought the building will look very nice and fit in with the City's Design Guidelines. Parks said they have similar structures in Brooklyn Park and Oakdale. Public Hearing Closed P & Z Minutes Page 6 February 7, 2017 Motion by Hoium , seconded by Novitsky, to waive the reading of Resolution No. 2017 -PZ02, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Hoium, seconded by Novitksy, to adopt Resolution No. 2017- PZ02, being a resolution approving a Site Plan, for the proposed Hy- Vee Convenience Store, subject to the following conditions: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. The proposed building requires afire suppression system. A permit will need to be submitted to the Building Official prior to construction. 3. The applicant will be responsible for installing two new stop signs at each of the driveway exits (47th Avenue and Central Avenue). 4. Trash and /or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 5. There shall be no deliveries, loading or unloading ofgoods and materials between the hours of 10:00 pm and 6.00 am. 6. All exterior lighting shall be downcast as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 7. Mechanical equipment shall be placed and /or screened so as to minimize the visual impact on adjacent residential properties and from public streets. Recognizing that the property has a significant grade change, any rooftop equipment will need to be adequately screened from the adjacent residential to the east. Plans detailing how any rooftop units are to be screened must be submitted with the building permit. 8. The applicant shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated January 25th, 2017. 9. All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 10. Site and elevation plans included in this submittal, shall become part of this approval. 11. Any requirements outlined by the Minnesota Department of Transportation must be met ( MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 12. All other applicable local, state, and federal requirements shall be met at all times. All ayes. MOTIONPASSED. RESOLUTION NO. 2017 — PZ02 A Resolution of the Planning and Zoning Commission approving a Site Plan for the construction of a Convenience Store on the vacant parcel located at 4707 Central Avenue NE. Whereas, a proposal (Case #2017 -0201) has been submitted by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. to the Planning and Zoning Commission, requesting Site Plan Approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue NE, Columbia Heights, MN 55421. LEGAL DESCRIPTION: On file at City Hall. P & Z Minutes Page 7 February 7, 2017 THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a Convenience Store with gasoline sales, and a Coffee Shop with drive up service on the vacant parcel located at 4707 Central Avenue NE. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on February 7, 2017; Whereas, the Planning and Zoning Commission has considered the advice and recommendations of 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; Now, therefore, be it resolved, the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, accepts and adopts the following findings: 1. 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 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: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. The proposed building requires a fire suppression system. A permit will need to be submitted to the Building Official prior to construction. 3. The applicant will be responsible for installing two new stop signs at each of the driveway exits (47'' Avenue and Central Avenue). 4. Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 5. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 6. All exterior lighting shall be downcast as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior to construction. 7. Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent residential properties and from public streets. Recognizing that the property has a significant grade change, any rooftop equipment will need to be adequately screened from the adjacent residential properties to the east. Plans detailing how any rooftop units are to be screened must be submitted with the building permit. 8. The applicant shall meet the requirements outlined in the attached report from the Public Works Director /City Engineer, dated January 25th, 2017. 9. All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 10. Site and elevation plans included in this submittal, shall become part of this approval. 11. Any requirements outlined by the Minnesota Department of Transportation must be met (MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 12. All other applicable local, state, and federal requirements shall be met at all times. P & Z Minutes Page 8 February 7, 2017 rRoll d this 7th day of February, 2017 ed by: Hoium nded by: Novitsky Marlaine Szurek, Chair Call: All ayes Shelley Hanson, Secretary CASE NUMBER: 2017 -0202 APPLICANT: Venture Pass Partners LLC LOCATION: 4707 Central Avenue REQUEST: Preliminary Plat Holmbeck stated that Venture Pass Partners, LLC has also applied for Preliminary Plat Approval on behalf of Hy -Vee Inc. for the vacant parcel located at 4707 Central Avenue NE. The site is currently one lot of record and the applicant is requesting to re -plat the property to create two separate lots. The plat would allow for two separate developments to occur on the property; a convenience store to be built on the south end in conjunction with the future Hy -Vee Grocery Store, and a future fast casual restaurant on the north end. State Building Code prevents constructing a new building over a property line. Furthermore, in order to obtain a Certificate of Occupancy for the property, the lot lines must be removed. ZONING ORDINANC The property located at 4707 Central Avenue NE., is located in the Mixed Use Zoning District, as are the properties to the east. The properties to the north are located in the General Business Commercial Zoning District. The properties to the south are located in the Multiple Family Residential Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for mixed use development (commercial, residential and institutional uses), and specifically transit oriented development. Developing the vacant parcel to include commercial uses which complement the existing residential development is consistent with the goals and intent of the Comprehensive Plan. FINDINGS OF FACT 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. P & Z Minutes Page 9 February 7, 2017 (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Staff recommended that the Planning and Zoning Commission recommend approval of the proposed Preliminary Plat request made by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. for the property located at 4707 Central Avenue NE. Ouestions from members: Hoium said this is one big lot now and that they won't be building over any lot lines at this time, so he wondered why they were dividing the lot now. Holmbeck said they could split it at a later date, but chose to do it now so once they secure the future tenant for that site, it will be ready for Site Plan approval and construction. Public Hearing Opened There were no additional questions or comments. Public Hearing Closed Motion by Hoium, seconded by Novitsky, to waive the reading of Resolution No. 2017 -15, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Hoium, seconded by Novitsky, that the Planning and Zoning Commission recommends the City Council approve the Preliminary Plat for the property located at 4707 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 be responsible for the cost offiling and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one Year fi-om the date of the City Council approval In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. All ayes. MOTIONPASSED. The following Resolution will go to the City Council at the February l? meeting. P & Z Minutes Page 10 February 7, 2017 RESOLUTION NO. 2017-15 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat for Venture Pass Partners, LLC. Whereas, a proposal (Case # 2017 -0202) has been submitted by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. to the City Council requesting Preliminary Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue NE, Columbia Heights, MN 55421. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING• Preliminary Plat Approval per Code Section 9.104 (L). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on February 7, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Preliminary 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; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines 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. (b) The proposed Subdivision is consistent with the Comprehensive Plan. (c) The proposed Subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary Plat; and in granting approval the City and the applicant agree that the Plat shall become null and void if a Final Plat is not submitted to the City Council within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. An approved Preliminary Plat shall be valid for a period of one Year from the date of the City Council approval. In the event that a Final Plat is not submitted to the City Council within this time period, the Preliminary Plat will become void. OTHER BUSINESS Staff has chosen the Consultant for the Comprehensive Plan update. P & Z Minutes Page 11 February 7, 2017 The meeting was adjourned at 7:21 pm. Respectfully submitted, Shelley Hanson Secretary CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -0301 DATE: February 24, 2017 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Venture Pass Partners, LLC DEVELOPMENT: Hy -Vee Convenience Store & Future Development LOCATION: 4707 Central Avenue NE., Columbia heights, MN 55421 REQUEST: Final Plat Approval PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION On behalf of Hy -Vee, Inc., Venture Pass Partners, LLC has applied for Final Plat Approval for the vacant parcel located at 4707 Central Avenue NE. The site is currently one lot of record and the applicant is requesting to re -plat the property to create two separate lots. The plat would allow for two separate developments to occur on the property; a convenience store to be built on the south end in conjunction with the future Hy -Vee Grocery Store, and a future fast casual restaurant on the north end. The Preliminary Plat was unanimously recommended for approval at the February 7th Planning and Zoning Commission meeting, and unanimously approved by the City Council at the February 13th meeting. ZONING ORDINANCE The property located at 4707 Central Avenue NE., is located in the Mixed Use Zoning District, as are the properties to the east. The properties to the north are located in the General Business Commercial Zoning District. The properties to the south are located in the Multiple Family Residential Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for mixed use development (commercial, residential and institutional uses), and specifically transit oriented development. Developing the vacant parcel to include commercial uses which complement the existing residential development is consistent with the goals and intent of the Comprehensive Plan. FINDINGS OF FACT Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant a Final Plat. They are as follows: City of Columbia Heights Planning and Zoning Commission March 7, 2017 Planning Report Page 2 (a) The Final Plat substantially conforms to the approved Preliminary Plat. This is correct. (b) The Final Plat conforms to the requirements of 9.115. This is correct. RECOMMENDATION Staff recommends that the Planning and Zoning Commission recommend approval of the proposed Final Plat request made by Venture Pass Partners, LLC on behalf of Hy -Vee, Inc. for the property located at 4707 Central Avenue NE. Motion: Move to waive the reading of Resolution No. 2017 -19, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the Final Plat for the property located at 4707 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. Any requirements outlined by the Minnesota Department of Transportation must be met ( MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 3. Easements will need to be placed over the storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 4. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 5. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. ATTACHMENTS Resolution No. 2017 -19 Application Location Map Preliminary Plat (approved 2/13/17) Final Plat RESOLUTION NO. 2017 -19 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Final Plat for Venture Pass Partners, LLC. Whereas, a proposal (Case # 2017 -0301) has been submitted by Venture Pass Partners, LLC on behalf of Hy- Vee, Inc. to the City Council requesting Final Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 4707 Central Avenue NE, Columbia Heights, MN 55421. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Final Plat Approval per Code Section 9.104 (M). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on March 7th, 2017; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Final 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; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (M) (6) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Final Plat. They are as follows: (a) The Final Plat substantially conforms to the approved Preliminary plat (b) The Final Plat conforms to the requirements of 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Final Plat; and in granting approval the City and the applicant agree that the Plat shall become null and void if a Final Plat is not recorded with the Anoka County Recorder's Office within one (1) calendar year after the approval date. CONDITIONS I. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Any requirements outlined by the Minnesota Department of Transportation must be met (MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 3. Easements will need to be placed over the storm water BMP's to be installed, and the easements will need to be on a recordable document, accepted by Anoka County Recorder's Office. 4. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. City of Columbia Heights - Council Resolution Page 2 5. Upon approval of the Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. Passed this 13th day of March, 2017 Offered by: Seconded by: Roll Call: Attest Katie Bruno, City Clerk /Council Secretary ORDER OF COUNCIL Donna Schmitt, Mayor OF COLUBIA HEIGHTS PRELIMINARY/ CITY FINAL SUBDIV IIS€ON PLAT APPLICATION To be filled out by City: CASE NO.: APPLIC. ORD.: 9.104(K) 9.104(L), 9.114(A) -9.114 ( D DATE RECEIVED: PRESENT ZONING. ) DATE LETTER OF COMPLETION: PRESENT LAND USE PLAN DESIGNATION: APPROVAL DATE PER STATUTE: PRELIMINARY PLAT FINAL PLAT REVIEW PERIOD EXTENDED: ����.a..........-- --- - - --- To be )l led out by Applicant.. PROPOSED NAME OF PLAT. Central Avenue Ventures PROJECT ADDRESS /LOCATION: 4707 Central Avenue NE, Columbia Heights MN LEGAL DESCRIPTION OF PROPERTY INVOLVED PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: (attach separate page if necessary): REASON FOR REQUEST (please attach a written narrafive describing your request and justf(rcation for approval The narrative must fully describe the propose, to insure !ls compahbpity with syrrounding uses and its consistency with Zoning requirements and the Comprehens we Plan) APPLICANT VentureP cc Part t T C PHONE 612.801 4313 FAX E-MAIL trauwerkk@v— enturepass net PAGER CELL # ADDRESS 19620 Waterford Court CITY Shorewood STATE MN ZIP 55331 FEE OWNER OF PROPERTY Anchor Bank, National Association ADDRESS 1600 Utica Avenue S t1400 PHONE L6Srj ?y7 -13ry FAX f 6 W 97p -401 CITY SL Louis Park STATE iyIN ZIP 55416 Page 9 oft CITY OF COLUMBIA HEIGHTS PRELIMINARY / FINAL SUBDIVISION PLAT 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 Gn/F I TO APPLICANT WITH APPLICATION A. Procedures Manual B. Application Checklist C. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY PRELIMINARY PLAT APPLICATION A Plat submittals as required in the attached application checklist, showing how the property is to be subdivided, B. Two copies of a list of property owners within 350 feet of the subject property. ITEMS TO ACCOMPANY FINAL PLAT APPLICATION A. Plat submittals as required in the attached application checidist, showing how the property is to be subdivided. APPLICATION FEES• A $5tNL00 Preliminary Plat Fee + escrow B. $100.00 Final Plat Fee C. Park Dedication Fee D. City Sewer Availability Charge (SAC) E. City Water Availability Charge (tNAC) F. Other $ 500.00 $ 100.00 $ TBD $ TBD $ TBD $ TOTAL AMOUNT RECEIVED $ 650.4W 60000 CITY RECEIPT NUMBER —Le L41 36 DATE RECEIVED I I ? /1-7 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 thal9k work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights frl the State of Minnesota: K. slvn HNo Revised: 2005 .6d 311-7 Approved by the Columbia Heights Planning Commission on Approved by the Columbla Heights City Council on Page 2 of 2 AI c "ob��# 4707 Central Ave AIN CH COLUMBIA -HEIGHTS CITY Of COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -0302 DATE: February 27, 2017 TO: Planning and Zoning Commission (Board of Appeals) APPLICANT: ASA, LLC DEVELOPMENT: Adult Daycare LOCATION: 4048 Central Avenue NE., Columbia Heights, MN 55421 REQUEST: Appeal Specific Development Standards of the Zoning Code PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION At this time, ASA, LLC has filed an Appeal to the Planning and Zoning Commission which acts as the City's Board of Appeals. Please review the duties of the Board of Appeals and the Appeal procedure outlined in the City's Zoning Code. Board of Appeals and Adjustment duties? In accordance with M.S. § 462.354, as it maybe amended from time to time, the City Council has designated the Planning Commission as the Board of Appeals and Adjustments. As such, the Planning Commission shall have the following additional responsibilities: (1) Hear and make decisions on all applications for an appeal of any administrative order, requirement, determination or final decision made by the Zoning Administrator or other official in the administration of this article. (2) Hear and make decisions on all applications for a variance from the literal provisions of this article. Appeals Procedure: (1) Right of appeal. At any time within 30 days after a written order, requirement, determination or final decision has been made by the Zoning Administrator or other official in interpreting or applying this article, except for actions taken in connection with prosecutions for violations thereof, the applicant or any other person affected by such action may appeal the decision. (2) Application for appeal. An appeal must be made by filing a written notice of appeal addressed to the Zoning Administrator and Planning Commission, and stating the action appealed as well as the specific grounds upon which the appeal is made. 4048 Central Avenue NE. City of Columbia Heights Planning and Zoning Commission March 7, 2017 Planning Report Page 2 (3) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the appeal in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall render its findings. BACKGROUND The Appeal before you is in response to a written order sent to the property owner on January 27, 2017 (attached). A building permit was submitted to the Community Development Department to remodel the existing commercial building located at 4048 Central Avenue NE. Staff reviewed the application and found that, while an Adult Daycare facility is a permitted use, the proposal does not meet certain development standards for such a use outlined in the Zoning Code. The property owner is proposing to use the first floor of the building to operate an Adult Daycare. The upper floor has existing residential apartment units, which are not a part of this proposal. The property owner has submitted a letter detailing the Appeal, and a number of pictures of the building and surrounding outdoor area (attached). Upon review staff found that the proposed use does not meet the following specific development standards: I. For adult daycare facilities, at least 150 square feet of outdoor area for seating or exercise will be provided for each adult under care. 2. The use shall provide a designated area for the short-term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk. According to the property owner's letter, the proposed Adult Daycare will be operated by The Millennium Center for Performing Arts, which focuses on an arts -based alternative social services and enrichment program for adults. The clients under care will have opportunities for outdoor exercise by walking or utilizing the company's transportation services to one of the area parks. The letter also states that from time to time the clients are taken to area malls or other indoor community areas for exercise. The property owner has proposed to designate a drop -off and pick -up location at the rear of the building. There is currently an entrance at the rear of the building which the owner will be renovating to make it handicap accessible. The proposed drop -off and pick -up location is for the rear of the building rather than the front door (per City Code) because the rear of the building provides a safer location with less traffic. Also, the applicant has stated that it is difficult to consistently find parking right outside the front door. ZONING ORDINANCE The subject property located at 4048 Central Ave. NE. is located in the Central Business Zoning District as are the properties to the north, south, and east. The properties to the west are located in the Multiple Family Residential Zoning District. The proposed Adult Daycare is a permitted use in the Central Business Zoning District. City of Columbia Heights Planning and Zoning Commission March 7, 2017 Planning Report Page 3 COMPREHENSIVE PLAN The Comprehensive Plan designates this area for commercial uses. The proposed use is commercial in nature. DESIGN GUIDELINES The subject property is located in the Design Guidelines Overlay District and is subject to the Central Business District standards. If the property owner makes any of the following modifications, adherence to the guidelines would be required: • New construction or additions. • Any exterior changes, including repainting, with the exception of replacement or repair of existing materials. Minor alterations such as repainting may be handled administratively, as determined by the City Planner. • Any internal remodeling or expansion activity that increases the overall size of the building by 10 percent or more. • Any development or expansion of parking areas that would result in a lot with more than four parking spaces. At this time, the property owner has not proposed to make such enhancements to the site. SITE PLAN The applicant has submitted a floor plan /site plan of the interior first floor area and exterior area, as well as a number of pictures to illustrate how the building is proposed to be used. FINDINGS OF FACT There are no Findings of Fact specifically outlined in the City's Code, which must be met in order to approve an Appeal. However, the Board of Appeals must make findings to approve or deny the request. The Board of Appeals has the authority to make a ruling on the request based on the evidence presented by the applicant. RECOMMENDATION In the case of an Appeal, staff does not make a recommendation to the Board of Appeals. It is up to the Board to make a determination on the request. The Board of Appeals must make a motion to deny or approve the appeal. There is no Resolution document to approve or sign; rather a letter will be sent to the applicant following the meeting, stating the Board's finding. If the Board of Appeals denies the request, the property owner has the right to appeal to the City Council for a final ruling. ATTACHMENTS Location Map Zoning Administrator's Written Order Zoning Code Requirements: Daycare Center Property Owner's Appeal Letter Floor Plan Pictures: Interior and Exterior 1A 1- 4048 Central Avenue NE. • 1 n ; 56 W R1F�F�` a Arid Plmlo� Flaxn &poop ef.016 COLUMBIA . HEIGHTS City of Columbia Heights I Community Development 59040 th Ave NE, Columbia Heights, MN 55421 • Ph: 763 - 706 -3670 • Fax: 763 - 706 -3671 • www.columbiaheightsmn.gov January 27th, 2017 ASA, LLC 10102 Florida Circle N. Brooklyn Park, MN 55445 To whom it may concern: I have reviewed the plans submitted along with the Building Permit application dated 1/17/17, for the property located at 4044 -4048 Central Avenue NE. I regret to inform you that the use you are proposing for the property does not meet the City's Specific Development Standards identified in the Zoning Ordinance (attached). Adult and Child Daycare facilities as well as Community Centers have Specific Development Standards which guide how a use can operate on properties where the use is permitted. In this case the proposed uses do not meet certain standards in the Ordinance. In order to operate on the subject property as you intend you must make a formal appeal to the City outlining how the proposed uses will or will not meet the Specific Development Standards. If the proposed uses do not meet the standards as outlined, you must request a waiver, and indicate how you plan to address the requirements of the Zoning Ordinance in another fashion. The Board of Appeals has the authority to hear and make decisions on any appeal of any administrative order, requirement, determination or final decision made by the Zoning Administrator or other official in the administration of the Zoning Ordinance. An appeal request should be addressed to the Zoning Administrator and Planning and Zoning Commission. There is a $185.00 fee to file a written appeal. Once you have filed an appeal, the request will go before the Board of Appeals for review and for a formal public hearing. I have attached the section of the City's Zoning Ordinance that outlines the appeal process. For your reference I have also attached the Specific Development Requirements for an Adult and Child Daycare and a Community Center. I have also attached the schedule for the Board of Appeals /Planning and Zoning Commission's regular meetings for 2017. You must submit your appeal request by the application deadline as indicated on the application schedule. Please review the attached information. If you have any questions, don't hesitate to reach out to me at(763)706 -3673. Sincerely, Alt(-- Elizabeth Holmbeck, City Planner /Zoning Administrator Notification to Appeal ASA LLC January 27th, 2017 Page 2 ATTACHMENTS Appeal Instructions (Zoning Ordinance) Specific Development Standards (Zoning Ordinance) Planning Application Schedule C: Jim Hoeft, City Attorney Larry Pepin, Building Official Shelley Hanson, Licensing/Permit Secretary Joe Hogeboom, Community Development Director RDC Architects, Architect Prima Construction, Contractor City of Columbia Heights, Zoning Ordinance: Chapter 9, Section 9.107 (C) (16) (C) (16) Day care center. (a) The building and any exterior fenced areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. (b) The play area shall be located away from the main entrance to day care, and shall be contained with a fence constructed of masonry, painted or treated wood or metal, at least five feet in height. (c) For child day care facilities, at least 75 square feet of outside play area shall be provided for each child under care. (d) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided for each adult under care. (e) The use shall provide a designated area for the short-term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk. (f) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. (g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. (h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. (i) Day care centers located in a school or religious institution building originally constructed for use as a school or religious institution shall be considered a permitted accessory use, provided the standards contained herein are met. 0) Day care centers located within an existing commercial or industrial facility and used only by employees of the operation conducted on the site shall be considered a permitted accessory use, provided the standards contained herein are met. Presented by: ASA LLC To: The zoning administrator and planning and zoning commission at the city of Columbia Heights We are ASA LLC owner of the property located in 4044 -4046- 4048 Central Ave .NE Columbia Heights and operator of Millennium center for performing arts We would like to bringyour attention to the matter of opening an Adult Day care business in 4044 -4048 Central Ave space " We decided to purchase the mixed use property in Columbia heights back in March 2015 because we found out lots ofgood things about the city and we wanted to bring in our investment to it and since we purchased the property ourgoal was to upgrade and make the property more presentable and upgrade it to the highest standards while working closely with the city officials and the fire department because we believe in cooperating with the local authorities to thrive and succeed while respecting the laws and regulations. We have a great idea for an Adult day care business that caters to senior citizens in need of a safe, nurturing energetic, healthy and entertaining environment to spend few hours of their day socializing and learning new skills like art, poetry and music and that's why the name of the business is Millennium center for performing arts (MCPA) the company is been in the industry for 10 years. Our mission is to provide participants with the strong artistic, intellectual and practical foundations and provides the means to actively explore the beauty, diversity, complexity and challenges of the world around us. We strive for our clients to develop their own unique creative voice, their imagination and their understanding of their self value and positively motivate them, we do have highly trained staff members including dietitian, nurse and care takers and we also provide transportation to all our clients from their homes to the center and also we provide them with trips to the local outdoor parks and many mall visits in a safe comfortable transit Van which is driven by a professional licensed driver who is committed to their safety and well being and that bring us to one of the reasons we are submitting this appeal, according to the zoning code for the city of Columbia Heights we can not operate in the space located at 4044 -4048 Central Ave because we don't have sufficient outdoor space, the zoning code states that the needed space is 150 sq ft per client under care we actually do have an outdoor surface of approximately 1500 sq ft that can be used as a designated drop off point for our clients since it's located right behind the building and connected by a rear door that we can make it accessible for them to go in and out safely we can even make it handicap accessible the other reason this will be perfect because it's almost impossible to find a parking spot in the front of the building on Central Ave during business hours and on weekends as well because there just not enough street parking in front of the property. We can also designate an outdoor space for our clients as well since there is plenty of space in the back of the property because the tenants in the apartments upstairs are only using 3 to 4 parking spots. we also have the Wargo court park which is right next door and within a walking distance to us besides all that we actually do offer trips to many local parks with amazing views and outdoor spaces like Huset park located at 3965, Person St NE, Columbia Heights, MN 55421 Ramsdell park located at 4956 ,7ohnson St NE, Columbia Heights, MN 55421 Prestemon park located at 3900 NE McKinley St, Columbia Heights, MN 55421 Ostrander park located just few blocks away at Polk st NE and 40th Ave. We would appreciateyour assistance and genuinely be grateful if the zoning administrator and the planing and zoning commission grant us the honor to start this business at 4044- 4048 Central Ave NE Columbia Heights it will be a great addition to the city especially that our clientele come from d ferent walks of life and backgrounds we do know how much the city of Columbia heights encourages diversity in its communities. We would do our best to work with the city officials like we have been doing since day one we just need your cooperation and assistance in this matter so we can bring in this business to this great city and hopefully if this goes well we can invest more money by purchasing more properties and generate more money for the city. We do understand and respect the zoning laws and codes also the building officials regulations because we know that it's allfor the safety and the well being of the clients and trust us we do share that same opinion and we do care about our clients and tenants that's why we chose the Adult day care industry because for us it's not just about making money it's about providing a high level of excellence in serving our dear clients and our tenants in the apartments above the proposed space we actually so far we have invested close to .$150, 000.00 in the property and in the space itselffrom adding an additional water supply and installing a state of the art sprinklers system to remodeling the structure of the space that was vacant and deserted foryears by the previous landlord and we also installed a staircase for the tenants living in the apartments above which gave them access to an emergency exit that could save their lives. Please keep in mind that we came up with the idea of opening an adult day care business in Columbia Heights the nice feedback and encouraging comments from our neighbor Ms Shelly the owner of the adult day care business Public health solutions inc which serves dfrent types of clientele and offers different services then us her business is located 2 doors down from our space located at 4030 Central Ave NE, Columbia Heights, MN 55421 which we know that she doesn't currently have a total of 200 sq ft of outdoor space for her clients. Please keep in mind that we had many opportunities to start this business in other cities that was ready for us to operate right away but we declined because we love the City of Columbia Heights that were proud offor winning the 2016All American City award and continues to show how much care it has for its community so it will be a great honor for us to provide services like adult day care to the local communities We have attached few pictures to present to you our case and to showyou the physical structure of the propery and the surrounding areas and buildings. We thankyou for the privilege ofyour time and we hope we can work positively together on this matter. pcemE co,v7A-cT SAL 6UL AT ('1'0v2o07 aD �Mov • Corh C-✓+1A• L � 9 9"ail 3� �� - •��.4:- � � ,.�— W Z ZQ? 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