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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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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