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HomeMy WebLinkAbout2014-01-07 Minutes MINUTES OF PLANNING AND ZONING COMMISSION January 7, 2014 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Fiorendino, Kinney, Lee and Szurek Also present were Joseph Hogeboom (Asst. Community Development Director), Shelley Hanson (Recording Secretary), Elizabeth Holmbeck (Intern), and Gary Peterson (Council Liaison). Motion by Fiorendino, seconded by Kinney, to approve the minutes from the meeting of December 3, 2013. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2014-0101 APPLICANT: Basha Mediterranean Wood Grill LOCATION: 4920 Central Ave NE REQUEST: Site Plan Approval Maher and Ann Ismail, representing MAI Construction, are requesting to amend the approved Site Plan for the Basha Mediterranean Wood Grill restaurant, located at 4920 Central Ave. NE. The applicant had obtained Site Plan approval in March, 2013 for the construction of the restaurant. At the time, the applicant proposed to construct a 40-seat outdoor patio on the south side of the building. The applicant now desires to enclose the patio, and utilize second floor space for a patio. As part of the new proposal, the general configuration of the site is consistent with the original Site Plan that was approved. However, due to the addition of enclosed space, a new Site Plan approval process is required. ZONING ORDINANCE The property located at 4920 Central Ave. NE is located in the General Business (GB) Zoning District. The properties to the west are located in the Duplex (R-2B) Residential Zoning District and the properties to the north, south and west are located in the General Business (GB) Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Constructing a new restaurant is consistent with the City’s Comprehensive Plan. P & Z Minutes Page 2 January 7, 2014 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 th standards for new construction along Central Avenue and 40 Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. As part of the initial Site Plan approval, the building had a second story added to the front of the building. This increased the building height to 33 feet, which is consistent with design guidelines. The addition also added different textures, awnings and ornamental features to the front and sides of the building that were consistent with design guidelines. Large brick faced pillars have been added to the front and sides as accents. The former blue color on the building has been replaced with stucco that has been painted with neutral browns. Signage will be addressed when the applicant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. SITE PLAN 1.Parking City Code requires the number of parking stalls equal to 30% of the building capacity of the restaurant. In consultation with the City Attorney’s office, “building capacity” is understood to be number of seats in a restaurant. In this case, the proposed restaurant will have 120 indoor seats, and 40 outdoor seats. Therefore the restaurant is required to have 48 striped parking spaces. According to the submitted site plan, 55 striped parking spaces are provided. 2.Access Currently, the site has access to Central Avenue, as well as to a service drive to the west. No changes to access have been proposed since the initial Site Plan approval in March, 2013. 3.Other Issues Because the new proposed patio is elevated and is visible to residential properties to the west, staff is recommending that it be screened on the west side. No seating will be offered in the interior space of the building’s second level; however, a stairway and elevator access to the patio will be provided in the interior space. All applicable Building Code requirements must be met for this to take place. P & Z Minutes Page 3 January 7, 2014 FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a.The site plan conforms to all applicable requirements of this article. The site plan meets all applicable Design Guidelines for the property. The Zoning Code requirements are achieved. b.The site plan is consistent with the applicable provisions of the city’s Comprehensive Plan. The Comprehensive Plan guides this area as Commercial. Constructing a new restaurant is consistent with the intent of the Comprehensive Plan. c.The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d.The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed building meets all the minimum setback requirements and all Design Guideline requirements. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Staff recommends approval of the amended Site Plan now before the Commission. Questions from members: Lee asked why sprinklers are being required now and not at the last Site Plan approval. Hogeboom told her it is because the space is being expanded, so it triggers the sprinkler requirement. The entire main floor and enclosed porch area will be sprinklered. Kinney wanted clarification that there will be 40 seats in the main floor porch area and 40 additional seats on the second story patio and whether the parking requirements are still met with the additional seating. Hogeboom said the requirements are met and he also noted that there will not be any additional indoor seating on the second level, only on the patio on the south side of the building. Little commented that it seemed that he went ahead and constructed the patio area prior to getting the Site Plan approval being sought at this meeting. P & Z Minutes Page 4 January 7, 2014 Szurek questioned whether there really is enough parking. She is concerned for the neighbors in the area as she feels the parking will be inadequate during Ramadan. She stated she understands it meets the Zoning Ordinance requirements and that the owner cannot control where people park, but she also realizes this is an issue with other businesses in the area and want the owner to be aware that there could be a problem. Hogeboom stated that staff is aware of this issue and that Police are monitoring and enforcing parking violations in a more rigorous manner. Fiorendino stated it meets the requirements and that we can’t change the requirements based on “anticipated” problems. They agreed that it is something that will have to be dealt with if parking becomes an issue at certain times. Maher Ismail said he will make any accommodations necessary and stated that he hopes it won’t be an issue. He said customers don’t usually stay long during Ramadan. They tend to come and eat and leave within an hour’s time. Public Hearing Opened. No one was present to speak on this issue. Public hearing Closed. Motion by Fiorendino, seconded by Little, to waive the reading of Resolution No. 2014-PZ01, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Little, to adopt Resolution No. 2014-PZ01, being a resolution approving a site plan, for an addition and outdoor eating area for the proposed Basha Mediterranean Wood Grill Restaurant, subject to the following conditions: 1.The parking stalls must meet the minimum width and length requirements of the Zoning Ordinance as well as the drive aisle width. 2.The second floor outdoor patio seating is limited to a total of a 40-seats. 3.The building shall be sprinkled, according to the requirements found in the Fire Code. 4.Screening of at least 80% opacity shall be installed on the west edge of the second floor patio. 5.The addition shall be consistent with the plans dated received August 26, 2013. P & Z Minutes Page 5 January 7, 2014 RESOLUTION NO. 2014-PZ01 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW RESTAURANT AT 4920 CENTRAL AVENUE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2014-0101) has been submitted by MAI Construction, to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 4920 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new restaurant building located at 4920 Central Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 7, 2014; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission 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 ATTACHED: 1. The parking stalls must meet the minimum width and length requirements of the Zoning Ordinance as well as the drive aisle width. 2. The second floor outdoor patio seating is limited to a total of a 40-seats. P & Z Minutes Page 6 January 7, 2014 3. The building shall be sprinkled, according to the requirements found in the Fire Code. 4. Screening of at least 80% opacity shall be installed on the west edge of the second floor patio. 5. The addition shall be consistent with the plans dated received August 26, 2013. Passed this 7th day of January, 2014, Offered by: Fiorendino _______________________ Seconded by: Little Chair Roll Call: All ayes ____________________________________ Secretary Shelley Hanson Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Maher Ismail Date ______________________________ Ann Ismail Date CASE NUMBER: 2014-0102 APPLICANT: Antonio Vazquez Vidal th 5932 4 St. NE Fridley, MN 55432 DEVELOPMENT: Dulceria La Central, LLC. LOCATION: 4220 Central Avenue NE REQUEST: Conditional Use Permit for Retail Sales Antonio Vazquez Vidal, representing Dulceria La Central, LLC., is seeking a Conditional Use Permit to operate a candy store at 4220 Central Ave. NE. A candy store, which is considered “retail”, requires a Conditional Use Permit in the Limited Business District. P & Z Minutes Page 7 January 7, 2014 ZONING ORDINANCE The property located at 4220 Central Ave. NE is located in the Limited Business (LB) Zoning District. Adjacent properties to the north, south and east zoned General Business (GB) and Limited Business (LB), and properties to the east are zoned One and Two Family (R-2A) Residential. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. Allowing a retail business to operate is consistent with the City’s Comprehensive Plan. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: (a)The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. e Rtail sales are specifically listed as a Conditional Use in the Limited Business (LB) Zoning District. (b)The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Commercial use. The proposed use is commercial in nature. (c)The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in additional noise, odor or vibration and should not disrupt neighboring properties. (d)The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by adding a small retail establishment. (e)The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. There will be no physical changes to the appearance of the existing building to accommodate the candy store. (f)The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. P & Z Minutes Page 8 January 7, 2014 (g)Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The proposed candy store is not anticipated to create traffic issues. (h)The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. There is no anticipated negative cumulative effect associated with the addition of the candy store. (i)The use complies with all other applicable regulations for the district in which it is located. This is correct. Staff recommends approval of the proposed Conditional Use Permit for a retail establishment at 4220 Central Ave NE. Questions from Members: Little said this is a challenging site due to the small amount of parking area. He feels this type of business is a good use for the site. Fiorendino asked if the license applicant would be making changes to the building at all. The applicant said the Dept. of Agriculture is requiring a couple minor modifications (correct in bathroom and to the curbing or base of the exterior). Other than that, he will not be doing any further remodeling. Lee asked if this was the site that the Taco Wagon sits on. Antonio Vidal said, yes, that the Taco Wagon is his. He said he already rents a space in the building to store items in and that he decided he might as well use the space for something else also. Kinney asked if accommodations would be made so that customers of the food wagon would be allowed to eat inside. Hogeboom said that is not the intent. The Dept of Agriculture only allows the retail sale of pre-packaged candy and other similar items. It is to be used for strictly retail purposes. Public Hearing Opened. No one was present to speak on this matter. P & Z Minutes Page 9 January 7, 2014 Public Hearing Closed. Motion by Little, seconded by Kinney, that the Planning Commission recommends that the City Council approve the Conditional Use Permit for a retail establishment located at 4220 Central Avenue NE subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: The nature of sales associated with this business shall be limited to prepackaged candy 1. and complimentary items. If parking becomes an issue the applicant shall submit a transportation plan to staff to 2. address parking alternatives. This item will go to the City council at the January 13, 2014 meeting. RESOLUTION NO. 2014- RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR A RETAIL ESTABLISHMENT AT 4220 CENTRAL AVENUE NE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2014-0102) has been submitted by City Staff to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4220 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (D), to allow a retail sales operation in the Limited Business (LB) Zoning District WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 7, 2014; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: P & Z Minutes Page 10 January 7, 2014 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED , that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The nature of sales associated with this business shall be limited to prepackaged candy and complimentary items. 2. If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. NEW BUSINESS Hogeboom told members that the City of Columbia Heights and the City of Fridley is holding a small business seminar on Saturday, January 25, 2014. It will be held at the Islamic Center in Fridley at 11 am and will last approximately 2 hours. The Twin Cities North Chamber of Commerce will also be assisting with this venture. Some of the items that will be discussed are as follows: *Zoning Ordinances and how they impact permitted use of a site *Licenses and permits that may be required in order to operate a particular business or to do remodeling to accommodate the needs of that business. *Information on how to obtain Legal Advice *Operating Capital/Funding Resources for a small business *Where to find assistance in setting up a business plan The meeting was adjourned at 7:40 pm. Respectfully submitted, Shelley Hanson Secretary