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HomeMy WebLinkAbout2017-04-04 P&ZCH COLUMBIA HEIGHTS Planning and Zoning Commission Meeting April 4th, 2017 7:OOpm Columbia Heights City Hall 590 40th Avenue NE Columbia Heights, MN 55421 1. Swearing in of re- appointed Planning and Zoning Commissioner. a. Adam Schill 2. Call to Order and Roll Call. a. Approval of March 7th, 2017, Planning and Zoning Commission Meeting Minutes 3. Public Hearing a. Case # 2017 -0401, Final Plat (Proposed Planet Fitness Development) Vacant Parcels on 51st Court NE, Columbia Heights, MN 55421 Aisling Fitness, LLC 4. Adjourn 4 -4 -17 MINUTES OF PLANNING AND ZONING COMMISSION MARCH 7, 2017 7:00 PM The meeting was called to order at 7:05 pm by Chair Szurek. Commission Members present- Novitsky, Fiorendino, Hoium, Schill, and Szurek Also present were Elizabeth Holmbeck (Planner), Larry Pepin (Building Official), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting of February 7, 2017. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2017 -0301 APPLICANT: Venture Pass Partners LLC LOCATION: 4707 Central Avenue REQUEST: Final Plat Approval Holmbeck explained that 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: (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. P & Z Minutes Page 2 March 7, 2017 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. Questions from members: Hoium asked if the retaining wall was part of the approval of the final plat. Holmbeck said that engineer designed plans will be submitted later. Hoium then asked if setbacks and drainage will be handled by staff as part of the construction process. Holmbeck told him that was correct. Fiorendino asked if the property would be re- zoned. Holmbeck said it is not being re- zoned, that it will remain as a Mixed Use classification. Public Hearing Opened. No one wished to speak on this issue. Public Hearing Closed. Motion by Hoium, seconded by Fiorendino, to waive the reading of Resolution No. 2017 -19, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Hoium, seconded by Fiorendino, that the Planning and Zoning Commission recommends that the City Council approve the Final Plat for the property located at 4 70 7 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. All ayes. MOTION PASSED. The following Resolution will go to the City Council March 13th P & Z Minutes Page 3 March 7, 2017 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 6. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 7. 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. 8. 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. 9. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 10. 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. P & Z Minutes Page 4 March 7, 2017 CASE NUMBER: 2017 -0302 APPLICANT: ASA, LLC LOCATION: 4048 Central Avenue REQUEST: Appeal Holmbeck told members that ASA, LLC has filed an Appeal to the Planning and Zoning Commission which acts as the City's Board of Appeals. She reviewed the duties of the Board of Appeals and the Appeal procedure outlined in the City's Zoning Code. Board oppeals and Adjustment duties: In accordance with M.S. § 462.354, as it may be 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. (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 Holmbeck told members that the Appeal before them is in response to a written order sent to the property owner on January 27, 2017 that was provided in the agenda packet. 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 submitted a letter detailing the Appeal, and a number of pictures of the building and surrounding outdoor area. Upon review staff found that the proposed use does not meet the following specific development standards: 1. For adult daycare facilities, at least 150 square feet of outdoor area for seating or exercise will be provided for each adult under care. P & Z Minutes Page 5 March 7, 2017 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. 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. P & Z Minutes Page 6 March 7, 2017 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 Holmbeck told members that 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. Questions /comments from members: Fiorendino asked Holmbeck the reason she had for denying their building plans. She explained to members that she's the first person to look at Building permit plans to ensure construction meets setbacks and Zoning Code requirements. Even though this type of business is a permitted use in the CBD, she noticed that the site did not meet all the requirements of the Zoning Ordinance. Therefore, she denied the issuance of the permit and the use of the building for an Adult Daycare Facility. Fiorendino asked her what she felt about the rear parking situation. She thought it was reasonable to allow the parking and the drop off area to be in the rear of the building since Central Avenue is such a busy road. Holum stated that it is not the Commission's job to "like the ordinance requirements ", it is their job to determine if it "meets the requirements ". Szurek asked how many clients they would have. Holmbeck said the number of clients is determined by Anoka County as the licensing agency, and is based on the size of the interior space. Szurek then asked the Building Official when he became aware of their desire to use the building as an Adult Daycare. Pepin stated he noticed construction was going on in the building and there hadn't been a permit issued for the site, so he put a Stop Work Order on the project. After speaking with the new owner, he told them they needed permits for the interior remodeling and for a sprinkler system. When plans were brought in for review it became apparent they first had to deal with whether they could actually use the facility as planned , which is why the case is now before the Board. It is also now apparent that they continued with the remodeling and installed the sprinkler system, without permits being issued to do so. Szurek said she has an issue with people who buy properties and don't follow proper procedures to ensure they can meet zoning regulations and when they fail to obtain the proper building permits to do remodeling or construction. Szurek asked how another business down the street that is basically the same type of facility was allowed to go in. Pepin explained that a previous Planner saw that it was a "permitted use" in that zoning district, but failed to look at the other requirements pertaining to this use. P & Z Minutes Page 7 March 7, 2017 Ella Selyukou is the owner of Millennium Center for the Performing Arts. She explained their program to the Commission. She explained their clients are usually elderly, have disabilities, or mental /memory issues. They operate at other locations throughout the metro area (New Hope, Eagan, and Plymouth) and none of these cities have an outside space requirement. Most of the clients can't move around without assistance. Ella stated they occasionally take clients out to parks or to malls, especially in the summer, but not in winter as the clients are not very mobile. She said they would provide an outside patio area in the rear for those that are up to being outside. She was under the assumption that they only need to provide 150 sf for each person that is actually outside. Szurek believed that the code states 150 sf for each person being cared for at the facility. Holmbeck read the actual language of the code and the Board agreed the requirement is for each person being cared for within the facility. Szurek said it may mean that the code needs to be changed. She didn't feel the Board could grant waivers or exceptions to the code, it is their job to enforce the existing code. Novitsky said the code requires the outside area be fenced with a 5 ft high fence. He is concerned that they would not be able to provide that space and to also allow enough parking for the apartments and a client drop off area, especially when there is snow. Holmbeck told members that parking for the workers in the CBD is not required. They plan on providing one parking space for each apartment (4) as required, and they plan to re- design the rear door to make it handicap accessible and allow for a drop off area, which leaves them enough room for a small patio area. She said they have, therefore, made an attempt to meet the intent of the code. Sal Bell who owns the building and is partnering with Millennium apologized to the Board for doing work without permits. He said he trusted his contractor to take care of this. He thought the permits were pulled. He spoke again of how the rear area would be used. He told members that clients are typically there for about 6 hours a day and are provided with access to music, artwork, and social interaction in a safe environment. He also stated that since the other business 2 doors down is operating a similar type of business, that an exception to the code should be allowed since they are making an attempt to meet it to the best of their ability. Szurek asked Holmbeck why they are even considering this since it doesn't meet the requirements. Holmbeck explained that according to the City Attorney, the Board has the authority to make exceptions to the rules if there is a reasonable option provided. Hoium asked who determines how much space is required per person on the interior of the building for this type of use. Holmbeck stated that the inside space required is determined by the licensing authority which is the County and she believes that amount is 40 sf per client. The outside space is determined by local Zoning Ordinance, and the State and /or County does not address this. Teshite Wako from the Orono Chamber of Commerce spoke on behalf of the daycare business and owner that they provide needed services and to consider granting the appeal. Another person spoke on behalf of the business also and told members that the owners had asked if this property was zoned properly for an Adult Daycare before they purchased it. They were told by the Planner it was, but they were not told about the outside space, or extra requirements, or they wouldn't have purchased this particular building. P & Z Minutes Page 8 March 7, 2017 Fiorendino said it sounds like there are a couple of different things to be considered. He felt the job of the Board is to decide if the request meets our code or not, and if staff interpreted the code correctly. He personally thinks the code is wrong, and asked if there was a process for changing it. Holmbeck explained that the Commission, or an individual, or business owner can approach the City Council to request the Code be amended. If the City Council is in favor of doing this they will direct staff to research language of other surrounding cities and to bring information back to them for consideration. An amendment to the Code could then be prepared and the City Council would need to go through the Public Hearing and approval process. Novitsky and Hoium agreed the code doesn't make sense, but it is what is required. Schill asked Holmbeck if they actually had the authority to make an exception. Holmbeck said she believed so. Fiorendino said he disagreed with that and again reiterated that he thought their job is to decide if staff originally interpreted the code correctly. Holmbeck said no matter what decision they make they must give a Finding of Fact (reason) for doing so. Schill said he would like to see more detail of how the rear area would be laid out. He would like to see a drawing with measurements and where everything would be placed, along with proper measurements. He said the pictures provided didn't really prove that everything would fit back there. Holmbeck said they have 3 options: to approve, to deny, or to table for more information. However, we must provide a decision to the applicant within 60 days per State Statute. Motion by Hoium, seconded by Novitsky, to deny the Appeal of Specific Development Standards of the Zoning Code of the City of Columbia Heights for the use of 4048 Central Avenue as an Adult Daycare facility, as it does not meet the Zoning Code requirement regarding the amount of outside space that must be provided. All ayes. MOTION PASSED. Hoium suggested the applicant submit a more detailed depiction of the rear area to the City Council for the meeting on Monday night. Motion by Fiorendino, seconded by Schill to make a request to the City Council to review the Zoning Ordinance requirements for Adult Daycare Facilities especially in regards to the outside space requirement. All ayes. MOTION PASSED. There was a brief discussion about how many daycare facilities we are getting along the Central Avenue Business corridor. Szurek thought the long range vision of the downtown area was to encourage more retail businesses, small restaurants, etc. to generate foot traffic and entertainment options. She thought it may be a good time to place a moratorium on additional daycare businesses going in until staff can gather more information regarding the actual number and the impact it has on the area. It was made clear that this moratorium would not affect the decision the City Council would make regarding the site considered tonight. Motion by Szurek, seconded by Hoium to consider placing a moratorium on Adult Daycare and Child Daycare facilities along the CBD. All ayes. MOTIONPASSED. P & Z Minutes Page 9 March 7, 2017 OTHER BUSINESS There were no other updates. The meeting was adjourned at 8:20 pm. Respectfully submitted, Shelley Hanson Secretary CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2017 -0401 DATE: March 23, 2017 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Aisling Fitness, LLC DEVELOPMENT: Planet Fitness LOCATION: Unassigned addresses. Three vacant lots located on 51s' Court NE. See attached location map. REQUEST: Final Plat Approval PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION On behalf of Planet Fitness, Aisling Fitness, LLC has requested Final Plat Approval per Code Section 9.104 (M), for the vacant site located behind La Casita and White Castle. The site is comprised of three vacant lots, which do not have assigned addresses: Property Identification Numbers (PIN): 25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, and 25- 30 -24 -22 -0066. The applicant is proposing to re -plat the property to allow for a fitness facility to be constructed on the south end of the site. The Preliminary Plat and Site Plan were approved by the Planning and Zoning Commission and City Council in January 2017. Since then, the applicant has submitted construction plans for review. The construction permit will not be issued until the Final Plat is approved for recording purposes with the Anoka County Recorder's Office. ZONING ORDINANCE The site is currently comprised of three properties which are located in the General Business Commercial Zoning District. The properties to the north are located in the City of Fridley. The properties to the east are located in the One and Two Family, and Built as Duplexes Residential Zoning District. The properties to the south and west are located in the General Business Commercial Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for commercial land use. Commercial development on the longstanding vacant commercial property is consistent with the City's Comprehensive Plan. City of Columbia Heights Planning and Zoning Commission April 4, 2017 Planning Report Page 2 FINDINGS OF FACT Section 9.104 (M) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant Final Plat Approval. They are as follows: (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 Aisling Fitness, LLC on behalf of Planet Fitness for the properties located on 51St Court NE., (PIN: 25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, and 25- 30 -24- 22- 0066). Motion: Move to waive the reading of Resolution No. 2017 -29, 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 three vacant properties located on 51St Court NE., (PIN:25- 30 -24 -23 -0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066), 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 of filing and recording written easements with the Anoka County Recorder's Office. 3. 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. 4. Separate permanent easements will need to be placed over 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. 5. The applicant shall meet the requirements outlined in the attached report from the City's Building Official, dated 3/24/17. City of Columbia Heights Planning and Zoning Commission April 4, 2017 Planning Report Page 3 ATTACHMENTS Resolution No. 2017 -29 Application Location Maps Building Official Report Dated: 3/24/17 Preliminary Plat (approved 1/9/17) Final Plat RESOLUTION NO. 2017 -29 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Final Plat for Aisling Fitness, LLC for the Three (3) vacant lots located at 51St Court NE. Whereas, a proposal (Case # 2017 -0401) has been submitted by Aisling Fitness, LLC to the City Council requesting Final Plat Approval from the City of Columbia Heights at the following site: ADDRESS: Three (3) vacant lots located at 51St Court NE (Property Identification Numbers (PIN): 25- 30- 24 -23- 0018, 25- 30 -24 -23 -0017, and 25- 30- 24 -22- 0066). 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 April 4, 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 Final Plat Approval. 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. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. 3. 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. 4. Separate permanent easements will need to be placed over 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. City of Columbia Heights - Council Resolution Page 2 5. The applicant shall meet the requirements outlined in the attached report from the City's Building Official, dated 3/24/17. ORDER OF COUNCIL Passed this 10th day of April, 2017 Offered by: Seconded by: Roll Call: Donna Schmitt, Mayor Attest Katie Bruno, City Clerk /Council Secretary CITY OF COLUMBIA HEIGHTS PRELIMINARY / FINAL SUBDIVISION PLAT APPLICATION To be filled out by City. CASE NO.: DATE RECEIVED: APPLIC. ORD.: 9.104(K) 9.104(L), 9.114(A) - 9.114(D) DATE LETTER OF COMPLETION: PRESENT ZONING: APPROVAL DATE PER STATUTE: PRESENT LAND USE PLAN DESIGNATION: REVIEW PERIOD EXTENDED: PRELIMINARY PLAT FINAL PLAT X To be filled out by Applicant: PROPOSED NAME OF PLAT: PF Columbia Heiqhts PROJECT ADDRESS /LOCATION: 5045, 5065 & 5075 51St Court NE, Columbia Heights, MN 55421 LEGAL DESCRIPTION OF PROPERTY INVOLVED (attach separate page if necessary): Attached PRESENT USE OF PROPERTY: Undeveloped PROPOSED USE OF PROPERTY: Commercial Fitness Center REASON FOR REQUEST (please attach a written narrative describing your request and justification for approval. The narrative must fully describe the proposal to insure its compatibility with surrounding uses and its consistency with Zoning requirements and the Comprehensive Plan.) APPLICANT AF Columbia Heights LLC PHONE 610.659.6014 FAX E -MAIL rpetrone comcast.net PAGER CELL # ADDRESS 175 Strafford Ave., Suite 310 CITY Wayne STATE PA ZIP 19087 FEE OWNER OF PROPERTY Gem Properties — Mark Moser ADDRESS 3901 Central Ave NE PHONE 763.781.3351 FAX 763.781.9889 CITY Columbia Heights STATE MN ZIP 55421 Page 1 of 2 CITY OF COLUMBIA HEIGHTS PRELIMINARY I FINAL SUBDIVISIO 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 PRELIMINARY PLAT APPLICATION A. Plat submittals as required in the attached application checklist, showing how the property is to be subdivided. ITEMS TO ACCOMPANY FINAL PLAT APPLICATION A. Plat submittals as required in the attached application checklist, showing how the property is to be subdivided. APPLICATION FEES: A. $500.00 Preliminary Plat Fee + escrow B. $100.00 Final Plat Fee 500, C' 0 $ /0 C:> . C' 0 TOTAL AMOUNT RECEIVED $ (-ec)0,00 CITY RECEIPT NUMBER - bL+LpH3 DATE RECEIVED 1 2/S-// Lp 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 F;leig,�ts aUd the State of Minnesota: f- ER SIGNATURE (if different from Applicant) ajl� I 1� ?-/f 11 11 -7 5121t`7__ COMMUNITY DEVELOPMENT STAFF MEMBER AND TITLE DATE Revised: 2005 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 Subject Vacant Parcels 0 5201 1 r 595 521 2 5217 i • 510a ! F + I b208 .-52ND AVE NE ft 1950 J + } 5126 1 R _,gym 418 AV .F _ _ - Rte,%, \. G 0 +n ! 111111 1 r, }0 1070 Sa ?9 I .;` 'r 6} ` - 00 12AVE NF - � � 59tftAYE NE - r� .: � .— —^ _ W �' C. D _ --- � - - -_.� a __...- � 7999 sole s 1GR9 �PCRCE TER RE jj 50.01 n m s m f 5090 t S89 e loss .� f� — a.� .. 507H AVE NE 90TH AVE - .. - _ _�._ -�.,,� '•--_ J . .- r {= _ .... loci is N � E C!t f CENTRAL AVE NE M / CH 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 3/24/2017 Elizabeth Holmbeck City Planner Re: Planet Fitness 5045 51St Court Columbia Heights, MN 55421 Dear Elizabeth: I offer the following comments for consideration in approving the final site plan for the above referenced project. All site preparation shall be in accordance with the Report of Geotechnical Exploration and Review from American Engineering Testing, Inc. Report No. 01 -07010 dated 10/27/2016 and Report No. 01- 07010A dated 1/20/2017. This includes excavation, backfilling, drainage and subsurface drainage of the site. Sincerely, 0'4CA�� (t? �� Lawrence R. Pepin Building Official #2379 Final plat review coments . docx a v fV O O� QZ J Ot v tL d t0 a m E O D 5 0 d U Lot 1 Block 1 PF Columbia Heights i': ��'"__'� `°: �, °:emu m�:°�u «�nu°,.,d, , •ice I;r' - I Nf°s°iias6P \� �:1' �\ \ \N00 °Od53�2'�W \3p5.29(m) 305.60 (p) \ Wogd fens N00 °14'26 "Wr, 308.35 (m) 308.00 (P) "• ° _ _— « _ — r < �•' « —, ®oo.d _�` —�D 1 �" \ S�enamtink f,&. �__ .� -- -- -------- vi n m -- ° - -- - -- 4�nopoe _ < 1 = « 1 12" we Stomp F w L 71 C. 1�x YVV v 0 r r� v ', './ � € o j 163/ /'a � II l(f E� \ j n to _ "P _ � `., altl/ T fag° rLot 1 qx /` I I f�z �I °Block IW r, � � I p«.�n a "" 153.48 (mZ- 154.00'(P) sg �+ °° 154.47 °(m) 154.00�P) \ 1 5 10'03 "E 236. m 236.51 d - / "_ - NO '09'43"W- 07.95 ° 308.00 I T h ram s I N i,,.. st g`x IS "storm <3 1 111 C <r I - oft minpps Parking Lot / %j�0 °�$ 5 E � y+ I ✓ Btumineus Par ng Lo I IJI I m m ssa. `J vv I ID' ------ so______ � - area ender construction- � -_____ -- - so - - - - -- I I I saw 4esoi V fP M, SUrve"ed That part a Lot 3, Block 11 Columbia Court, Anoka County, Min -1uU -. lying Easterly of a Ilne described as hgows: Linetype & Symbol Legend Commencingat theNarihee. cornerofNtd 111, thence South 1911grses 56 minutes DO seconds West, mad basis for bseoogs, 150.00 feet along the North Iine of said Lot 1, to the point of beginning of the Rne to ® UTILITY MANHOLE © AIR COMMONER be desuibed, thence Soot, 00 degrees 31 minutes 23 se oeds East a distance of 236.51 feet, thence South , —TO To— FIBER OPTIC degrees 35 minutes 09 seconds West a distance of 35.00 feel, thencr South 0 degrees 31 minutes 23 semnds oas— G 81M, iO -° SIGN ® SOLURD East a distance of 70.00 feet to a Point on the South Rne pf sold Lot 1, dms of 185.00 feet Westerly from Southeast corner of said Lot 1, and saN Iine there terminating. — I — WATERMAIN � SANITARY MANHOLE 0 SOIL BORING —> >— SANITARY SEWER STORM MANHOLE And CATCH BASIN » STORM SEWER © TELEPHONE BOX _ Lots 2 and 3, Block 3, Celumbta Court, Anoka County, Minnesota. CB BEEHIVE OVERHEAD IITILmES TELEPHONE MANHOLE ® CLEAN OUT Abstract property TELEPHONE LINE ® ELECTRICIGI,x. ORMER ELECTRIC LINE ® ELECTRIC BOX Ge._rel Notes ® TRAFFIC StGNAL —nv rn— [ABLE LINE Q ELECTRIC MANHOLE — O— O— ° —° —o— GOARDRAB. TRAFFIC LIGHT ar- FIAG POLE 1. Bearings arc assumM. ❑ ❑ ❑ WOODEN FENCEME ® CABLE TV BOX < FLARED END SECTION 2. SRI Address: 5095, 5065 and 5075 51st Court NE, Columbia HeigF-1, MN 55421. — " — " —s— CHAINLTNK FENCELME ® ELECUUM METER 90 GAS VALVE BARBED WIRE FENCE © GAS METER }_ HANDICAP SYMBOL 3.n ft Or2T" 1, 4 !.' efhetrve date (. det. erI1 d to 5. outs,d,. the 1,— annual chance floodplain) per Flood Insurance Rate Map, Community BLOCK RET WALL ® WATER METER WATER MANHOLE B HANDHOLE 4. The Gross land area is 92,913'1- square het or 2.1330 + / -acres 30 15 0 75 30 tip t>a WATER VALVE 9 FOUND IRON MONUMEM H IRO SCALE IN FEET O SET IRON MONUMENT _ POWER POLE 0 C95T IRON MONUMENT 5. The current Zoning for the subject property u GB (General Businasr Dishict) per the Cky of Columbia HeigM1t's:oninp map dated October 2035. (m) MEASURED 6. M "Wing easements to remain in pla no request far v tion ­posed. (d) DESCRMION MINNESOTA CERTIFICATION I ho ofy State oft this vta.y' plan or report was prepared by me a, under my direst supervision and that I am a duty Lkensed Land Surveyor under the D.- this "4th day of O-ber, 2016. Rory L Synstelien Minnesota Lks— No. 94565 rory ®htpa.com I be-by certified that this plan, specification or report was prepared by me or under my direct supervision and that / am a duly Ueensed Land Surireyor under the laws of the State of Minnesota Rory L. Svnstelien Date lao"tx Derr Reg, N0. 44565 DLA EDWARD 7710Goiden Trfagienrive let 952St1.%60 Pda l4dtie, Midacsota6i3Y1 >s,o fi.tnm Steine Constri�on 3614 473 11 'T" 1 Engineering Suwying '7 0 Landscape Architecture HANSEN TIORP R UJNNEN QSON, Inc client Aisling Fitness LLC Proied Planet Fitness 51st Street Court Columbia Heights, MN Issued Poor Q9 SPR 2 -Si6 Sheet Tine Preliminary Plat Protect Number EFA:16.046 �� HTPO:16 -105 Found iron pipe RLS 16456 PF COLUMBIA HEIGHTS N00 °10'52 "W 613.60 .. " I ♦, Fonnd capped 2 I o Found iron pipe --------- - - - - -- o — — — — — — — 7 Pepe ----- - - - - -- -------- - - - - -- �— RLS415]O —r— t , 1 $ m a I 1 Drainage and utility easement ver ' c ? i plat of COLUMBIA COURT I 1 RV BLOCK i 1 a !i o; X51 I Z _ o' cV I x� mal , I o Found Iron pipe ° `o u RLS 9807 ,t I Is O V O I'1 O U) i Found open iron pipe 00 7 O LO C, 01 c, M Found iron pipe Found iron pipe V) ..0 00 RLS 4807 R. 15604 S00 °10'52 "E KNOW ALL PERSONS BY THESE PRESENTS: That Aisling Fitness, LLC, a Minnesota limited liability company, owner of the following described property: 70.00 (S00 031'23 "E) That part of Lot 1, Block 1, COLUMBIA COURT, Anoka County, Minnesota, lying Easterly of a line described as follows: Commencing at the Northeast corner of said Lot 1, thence South 89 degrees 56 minutes 00 seconds West, assumed basis for bearings, 150.00 feet along the North line of said Lot 1, to the point of beginning of the line to be described, thence South 00 degrees 31 minutes 23 seconds East a distance of 236.51 feet, thence South 89 degrees 35 minutes 09 seconds West a distance of 35.00 feet, thence South 00 degrees I 31 minutes 23 seconds East a distance of 70.00 feet to a point on the South line of said Lot 1, distance of 185.00 feet Westerly from Southeast corner of said Lot 1, and said line there terminating. And Lots 2 and 3, Block 1, COLUMBIA COURT, Anoka County, Minnesota. Abstract Property Has caused the same to be surveyed and platted as PF COLUMBIA HEIGHTS. - IIn witness whereof said Aisling Fitness, LLC, a Minnesota limited liability company, has caused these presents to be signed by Its proper officer this day of . 20_ Signed: Aisling Fitness, LLC Chief Manager STATE OF MINNESOTA COUNTY OF This Instrument was acknowledged before me this _day of liability company. ' Notary Public, County, Minnesota My commission expires 20_ by Chief Manager of Alsling Fitness, LLC, a Minnesota limited SURVEYORS CERTIFICATE I Rory L. Synstelien do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of 20_ IRory L. Synstelien, Licensed Land Surveyor Minnesota License No. 44565 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _day of INotary Public, County, Minnesota I My commission 20_ by Rory L. Synstelien. Y52 "W 308.00 Found iron pipe RLS 40062 City of Columbia Heights County of Anoka Sec. 25, Twp. 30, Rng. 24 Z ----..mr- (S00 °31'23 "E) Deed Calls • Found iron pipe For the purpose of this plat, the north line of Lot 1, Block 1, COLUMBIA COURT is assumed to bear N89 °43'29 "W 30 15 0 15 30 60 SCALE IN FEET 1 INCH = 30 FEET So so CITY COUNCIL City Council, City of Columbia Heights, Minnesota This plat of PF COLUMBIA HEIGHTS was approved and accepted by the City Council of the City of Columbia Heights, Minnesota at a regular meeting thereof held this day of 20_, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City of Columbia Heights, Minnesota By: Mayor By: Clerk COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of 2p By: Larry D. Holum Anoka County Surveyor COUNTY AUDFTOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land herembefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of 20 Property Tax Administrator 8Y Deputy COUNTY RECORDER/REGISTRAR OF TITLES County of Anoka, State of Minnesota I hereby certify that this plat of PF COLUMBIA HEIGHTS was filed in the office of the County Recorder /Registrar of Titles for public record on this day of 20_, at o'clock .M. and was duly recorded in Book Page as Document Number 1 County Recorder /Registrar of Titles 1 Engineering • Surveying ;1 By Deputy Landscape Architecture � J HANSEN THORP PELLINEN OLSON, Inc. i w o I Y pia ZS?I , I v O o0 30 I o ' E� LOT La 33 you 1 dzi o� �m I �o 'D •¢ tin i to ; u ) ' { Z --- - - - - - 1 30 - Found cavpee iron pipe S00 010'52 "E 236.5 __, -, (S00 031'23 "E) PF COLUMBIA HEIGHTS N00 °10'52 "W 613.60 .. " I ♦, Fonnd capped 2 I o Found iron pipe --------- - - - - -- o — — — — — — — 7 Pepe ----- - - - - -- -------- - - - - -- �— RLS415]O —r— t , 1 $ m a I 1 Drainage and utility easement ver ' c ? i plat of COLUMBIA COURT I 1 RV BLOCK i 1 a !i o; X51 I Z _ o' cV I x� mal , I o Found Iron pipe ° `o u RLS 9807 ,t I Is O V O I'1 O U) i Found open iron pipe 00 7 O LO C, 01 c, M Found iron pipe Found iron pipe V) ..0 00 RLS 4807 R. 15604 S00 °10'52 "E KNOW ALL PERSONS BY THESE PRESENTS: That Aisling Fitness, LLC, a Minnesota limited liability company, owner of the following described property: 70.00 (S00 031'23 "E) That part of Lot 1, Block 1, COLUMBIA COURT, Anoka County, Minnesota, lying Easterly of a line described as follows: Commencing at the Northeast corner of said Lot 1, thence South 89 degrees 56 minutes 00 seconds West, assumed basis for bearings, 150.00 feet along the North line of said Lot 1, to the point of beginning of the line to be described, thence South 00 degrees 31 minutes 23 seconds East a distance of 236.51 feet, thence South 89 degrees 35 minutes 09 seconds West a distance of 35.00 feet, thence South 00 degrees I 31 minutes 23 seconds East a distance of 70.00 feet to a point on the South line of said Lot 1, distance of 185.00 feet Westerly from Southeast corner of said Lot 1, and said line there terminating. And Lots 2 and 3, Block 1, COLUMBIA COURT, Anoka County, Minnesota. Abstract Property Has caused the same to be surveyed and platted as PF COLUMBIA HEIGHTS. - IIn witness whereof said Aisling Fitness, LLC, a Minnesota limited liability company, has caused these presents to be signed by Its proper officer this day of . 20_ Signed: Aisling Fitness, LLC Chief Manager STATE OF MINNESOTA COUNTY OF This Instrument was acknowledged before me this _day of liability company. ' Notary Public, County, Minnesota My commission expires 20_ by Chief Manager of Alsling Fitness, LLC, a Minnesota limited SURVEYORS CERTIFICATE I Rory L. Synstelien do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeled on this plat. Dated this day of 20_ IRory L. Synstelien, Licensed Land Surveyor Minnesota License No. 44565 STATE OF MINNESOTA COUNTY OF HENNEPIN This instrument was acknowledged before me this _day of INotary Public, County, Minnesota I My commission 20_ by Rory L. Synstelien. Y52 "W 308.00 Found iron pipe RLS 40062 City of Columbia Heights County of Anoka Sec. 25, Twp. 30, Rng. 24 Z ----..mr- (S00 °31'23 "E) Deed Calls • Found iron pipe For the purpose of this plat, the north line of Lot 1, Block 1, COLUMBIA COURT is assumed to bear N89 °43'29 "W 30 15 0 15 30 60 SCALE IN FEET 1 INCH = 30 FEET So so CITY COUNCIL City Council, City of Columbia Heights, Minnesota This plat of PF COLUMBIA HEIGHTS was approved and accepted by the City Council of the City of Columbia Heights, Minnesota at a regular meeting thereof held this day of 20_, and said plat is in compliance with the provisions of Minnesota Statutes, Section 505.03, Subd. 2. City Council, City of Columbia Heights, Minnesota By: Mayor By: Clerk COUNTY SURVEYOR I hereby certify that in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of 2p By: Larry D. Holum Anoka County Surveyor COUNTY AUDFTOR/TREASURER Pursuant to Minnesota Statutes, Section 505.021, Subd. 9, taxes payable in the year 20 on the land herembefore described have been paid. Also, pursuant to Minnesota Statutes, Section 272.12, there are no delinquent taxes and transfer entered this day of 20 Property Tax Administrator 8Y Deputy COUNTY RECORDER/REGISTRAR OF TITLES County of Anoka, State of Minnesota I hereby certify that this plat of PF COLUMBIA HEIGHTS was filed in the office of the County Recorder /Registrar of Titles for public record on this day of 20_, at o'clock .M. and was duly recorded in Book Page as Document Number 1 County Recorder /Registrar of Titles 1 Engineering • Surveying ;1 By Deputy Landscape Architecture � J HANSEN THORP PELLINEN OLSON, Inc.