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HomeMy WebLinkAbout2006-04-04 Minutes PLANNING AND ZONING COMMISSION MINUTES OF THE MEETING April 4, 2006 7:00 PM The meeting was called to order at 7:00 pm by Chairperson Szurek. . Roll Call: Commission Members present-Thompson, Fiorendino, Peterson and Szurek. Schmitt arrived at 7:03 pm. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of March 8, 2006. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2006-0201 APPLICANT: Jeff Bahe, Jeff’s Bobby and Steve’s LOCATION: 3827 Central Avenue REQUEST: Conditional Use Permit for Off-street Parking On September 14, 1998, Dr. Gary Good, owner of the property located at 3827 Central Avenue, was given a Conditional Use Permit (CUP) to allow an off-street parking lot in the R-3, Multiple Family Residential District. Shortly thereafter, Jeff’s Bobby and Steve’s Autoworld bought the land to use as their own. On September 19, 2000, Tim Johnson (City Planner) wrote Mr. Williams a letter (a copy was enclosed in the agenda packets) explaining that the original CUP had become null and void because certain conditions of the CUP were not fulfilled within a one-year period after approval. The letter also stated that Mr. Williams would need to reapply for a second CUP prior to utilizing the property as a parking lot for his business. Jeff Bahe, d/b/a Jeff’s Bobby and Steve’s Autoworld, has recently applied for and received a CUP for an outdoor storage lot in the City of Columbia Heights. During the application process, City Staff reviewed the files pertaining to the Autoworld’s properties and determined that a second CUP had yet to be approved for the property located at 3827 Central Avenue. At this time, Mr. Bahe is requesting a CUP to allow for off-street parking in the R-3, Multiple Family Residential District, for his business per Code Section 9.109 (G)(3)(f). The only vehicles allowed to park in this parking lot will be those vehicles that have had repairs already made, and employees’ vehicles. The subject property has been used for the past 8 years as a storage lot for impounded vehicles, or vehicles waiting to be worked on. Mr. Bahe’s request would enable the current property to be cleaned up and used in a manner consistent with City Code. PLANNING & ZONING COMMISSION MINUTES PAGE 2 APRIL 4, 2006 PLANNING CONSIDERATIONS Consistency with Zoning Ordinance The subject property is located in the R-3, Multiple Family Residential District, as are the properties to the north. The properties to the west and south are zoned GB, General Business, the same zoning classification as Jeff’s Bobby and Steve’s Autoworld. The properties to the east are zoned R-2A, One and Two Family Residential. The Zoning Code at Section 9.109 (G)(3)(f) states that off-street parking is allowed in the R-3 District for an adjacent conforming commercial use, as a Conditional Use, provided the lots are in common ownership, the lots are not separated by a public right-of-way and the lots front on the same public right- of-way. The two lots in question are under common ownership and front on the same public right-of- way, being a common alley. Consistency with Comprehensive Plan The Comprehensive Plan designates the property as medium density residential use. Being that off- street parking is allowed as a Conditional Use, the proposed use of the land would be consistent with the Comprehensive Plan. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City 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. Off-street parking is specifically listed as a Conditional Use in the R-3, Multiple Family Residential District in the City of Columbia Heights. (b)The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this property as medium density residential. The proposed use of the land would be consistent with the Comprehensive Plan. (c)The use will not impose hazards or disturbing influences on neighboring properties. The neighboring properties most affected by this proposal are the residents to the immediate east. These properties are situated above the subject property and are oriented to Reservoir Boulevard to the east. The subject property has been used as a storage lot for the past 8 years, with as many vehicles as possible occupying the lot. The proposed CUP would ensure that the number of vehicles stored on the property could not exceed the number of striped parking spaces. For this reason, there will be less vehicles stored on the property than ever before, making the situation less obtrusive to the neighbors. PLANNING & ZONING COMMISSION MINUTES PAGE 3 APRIL 4, 2006 (d)The use will not substantially diminish the use of property in the immediate vicinity. The use of the properties in the immediate vicinity will remain the same. As stated previously, the property will only be allowed to store a set amount of vehicles, far less than the number of vehicles that have been stored on the site for the previous 8 years. (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. Specific conditions regarding the use of this property will be outlined in the Resolution approving the Conditional Use Permit. These conditions will ensure that the use will be operated and maintained in a manner compatible with the appearance of the character of the area. (f)The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 3827 Central Avenue NE meets this criterion. (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. There will be less traffic congestion than previously due to the fact that fewer vehicles will be permitted to be stored on the property. (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. Any negative effect that this use has had on the immediate vicinity will be diminished because of the fact that fewer vehicles will be permitted to be stored on the property. (i)The use complies with all other applicable regulations for the district in which it is located. The proposed use will comply with all other applicable regulations for the district. Staff recommends that the Planning Commission recommend the City Council approve the Conditional Use Permit for off-street parking, subject to the conditions of approval provided in the recommended motion. Questions by Members: Peterson questioned if the intention is to use the lot for employee parking and vehicles that have been repaired, and waiting to be picked up, then tow trucks would not be used to deliver or remove vehicles from this site. Mr. Bahe, the owner, stated that is correct. It is not a public parking area and employees would be parking and removing the vehicles. He also stated that the site would be configured differently and would be re-striped. Peterson asked if additional lighting would be added as he had a concern about it affecting neighbors in the area. Mr. Bahe stated no additional lighting would be installed. The alley lights currently in place are sufficient. Schmitt asked if the area would continue to be used for the summer car shows. Mr. Bahe said it may, if it is an approved use of the site. Jeff Sargent, Planner, said he would look into this and let him know. PLANNING & ZONING COMMISSION MINUTES PAGE 4 APRIL 4, 2006 The Public Hearing was Opened: No one was present to speak on this issue. The Public Hearing was closed Motion by Thompson, seconded by Schmitt, that the Planning Commission recommends the City Council approve the Conditional Use Permit for off-street parking, 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 will be met and in full compliance. 2.Any new lighting used to illuminate the off-street parking area shall be shaded or diffused as to deflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff. 3.A six-foot high fence shall be erected along the property line abutting a residential district and shall be at least 80% opaque. 4.A bumper curb of 5-7 inches high is required around the perimeter of the parking area. 5.There shall be a minimum of two feet of open space maintained between the required bumper curb surrounding the parking area and the property line. 6.Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan, which have been approved by the Department of Public Works. 7.The parking lot will need to be striped, with required parking stalls measuring 9’ x 20’. A minimum drive aisle width of 24 feet must be maintained at all times. 8.The parking lot may not be used for the storage of inoperable vehicles, junk vehicles, vehicles for sale, or vehicles scheduled for repair at Jeff’s Bobby and Steve’s Autoworld. All vehicles stored on the lot shall have current license tabs. 9.The number of vehicles stored in the parking lot is limited to the number of striped parking stalls on site. A parking detail will be submitted to the Planning Department indicating the maximum number of parking stalls available on the site. Fiorendino asked about the requirement of a 6 ft. high privacy fence along the east side abutting the Apartment Building. Currently, there is a 6 ft high cyclone fence along that property line with no screening material. Mr. Bahe explained he does not wish to make this a privacy fence as he has had a lot of problem with vandals hopping that fence and breaking into the vehicles stored on site. He fears if screening is added it will increase the amount of vandalism of the vehicles. Sargent explained it is a requirement of the Zoning Code that a fence with at least 80% opaqueness be installed when a commercial property abuts a residentially zoned property such as this. He also pointed out that the number of cars will be limited to 17, a reduction from the 30+ cars that have been stored there previously. This in itself will increase visibility of the site and should help to deter any trespassing on the site. PLANNING & ZONING COMMISSION MINUTES PAGE 5 APRIL 4, 2006 There was a discussion regarding the requirement in this circumstance. Szurek agreed with Mr. Bahe and didn’t feel an opaque fence was necessary as the parking area being discussed abuts the parking lot of the apartment building for the most part. And the elevation of the Apartment site is higher than the 3827 Central site, so tenants will still overlook the parking lot even if the 6 ft fence is screened. Sargent said there is a mesh material that could be attached to the present fence that does not completely block visibility, but would meet the 80% opaque coverage required. The possibility of tabling this to seek a variance of this condition was discussed. However, it was decided there is no hardship, which is necessary in order to obtain a variance. Fiorendino reminded the members, their responsibility is to uphold the code as it is written. We cannot make exceptions to the rule, even though in some circumstances it may make sense. The code is written to represent what is best in “most” cases, and decisions must be made to ensure that issues conform with the code requirements. Therefore, the motion will stand as made with the noted conditions, including the need for a privacy fence along the property line abutting the apartment property. All ayes. MOTION PASSED. The attached Resolution will go to the City Council at the April 10, 2006 meeting. DRAFT RESOLUTION NO. XXXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR JEFF BAHE OF JEFF’S BOBBY AND STEVE’S WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0201) has been submitted by Jeff Bahe to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3827 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(f), to allow off-street parking in the R-3, Multiple Family Residential District. PLANNING & ZONING COMMISSION MINUTES PAGE 6 APRIL 4, 2006 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 4, 2006; 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: 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. All required state and local codes will be met and in full compliance. 2. Any new lighting used to illuminate the off-street parking area shall be shaded or diffused as to deflect the light away from the adjoining property and a lighting plan will need to be reviewed and approved by staff. 3. A six-foot high fence shall be erected along the property line abutting a residential district and shall be at least 80% opaque. 4. A bumper curb of 5-7 inches high is required around the perimeter of the parking area. 5. There shall be a minimum of two feet of open space maintained between the required bumper curb surrounding the parking area and the property line. 6. Driveways shall not exceed 6% grade and the parking lot shall be graded according to a drainage plan, which have been approved by the Department of Public Works. 7. The parking lot will need to be striped, with required parking stalls measuring 9’ x 20’. A minimum drive aisle width of 24 feet must be maintained at all times. 8. The parking lot may not be used for the storage of inoperable vehicles, junk vehicles, vehicles for sale, or vehicles scheduled for repair at Jeff’s Bobby and Steve’s Autoworld. All vehicles stored on the lot shall have current license tabs. PLANNING & ZONING COMMISSION MINUTES PAGE 7 APRIL 4, 2006 9. The number of vehicles stored in the parking lot is limited to the number of striped parking stalls on site. A parking detail will be submitted to the Planning Department indicating the maximum number of parking stalls available on the site. Passed this __ day of April 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary CASE NUMBER: 2006-0401 APPLICANT: James Sarna, Sarna’s Restaurant LOCATION: 3955 University Avenue REQUEST: 2-foot parking stall length variance At this time, James Sarna, d/b/a/ Sarna’s Restaurant, is requesting a 2-foot parking stall length variance throughout the project, per Code Section 9.106 (L)(7)(a). The proposed restaurant will be approximately 6,000 square feet in area, with a seating capacity of 180 people. On October 24, 2005, City Council approved the Preliminary Plat and three (3) variances for this project, including a 10-foot setback variance for hard surface parking, an 8-foot height variance for the monument sign, and a 35 square foot area variance for the monument sign. The City Council has also approved the first reading for the vacation of Lookout Place, which traverses through the property. PLANNING CONSIDERATIONS The property is zoned GB, General Business, as are the properties to the north, west and the east (along th 40 Avenue). The property also abuts some residential properties along the eastern property line zoned R-3, Multiple Family Residential. The properties to the south are zoned I-1, Industrial. PLANNING & ZONING COMMISSION MINUTES PAGE 8 APRIL 4, 2006 The proposed building will be approximately 6,000 square feet with a seating capacity of 180 patrons. The Zoning Code would require 54 parking stalls based on the maximum seating capacity of the restaurant at 180 people. Currently, the proposed development includes 74 parking stalls on site, based on a parking stall configuration of 9 feet wide by 20 feet deep. Based on projected project costs, as well as the size and capacity of the building, the applicant has concluded that more parking would be necessary on site to accommodate for more patrons needed to make the restaurant economically feasible. The proposed variance would shorten the parking stall length from 20 to 18 feet, and would create an additional 15 parking stalls for a total of 89 stalls on site. The applicant feels that 89 parking stalls would be sufficient in conducting the restaurant business. The applicants and City Staff have conducted some research as to the minimum parking stall lengths in different cities throughout the metro. This information was provided in the agenda packets. City Staff was most interested in those cities that most closely resemble Columbia Heights, as well as larger cities in the area. It was determined that the cities of Crystal, New Brighton, St. Louis Park, Brooklyn Park, and Brooklyn Center require only an 18-foot parking stall length. The exception for Brooklyn Park was for head-on-head parking, in which the parking stall length increased to 19.5 feet. CONSISTENCY WITH THE COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards “Transit Oriented Development”. The Comprehensive Plan states that this classification focuses on the commuting needs of Columbia Heights residents. As a result, a higher percentage of service-oriented commercial/retail development will be necessary with high-density residential development providing the balance of the development. With the Schaefer/Richardson and Ryland Homes project just to the south of the proposed Sarna’s Restaurant, this type of use fits perfectly with the goals of the Comprehensive Plan. FINDINGS OF FACT The following are required findings that the City Council must make before approving a variance request in the City of Columbia Heights: 1.Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of hardship this article would cause undue . The applicants stated that the site in its entirety has been extremely difficult to work with because of the preexisting conditions imposed on it. The proposed location for the building is the only place it can be placed due to existing utilities. Based on the size of the building the applicants feel that strict adherence to the parking code would result in inadequate parking for the overall project. If the variance was not granted, the applicants feel that the excess parking required for the project would spill into the surrounding residential neighborhoods. Granting the variance would enable the project to be self-contained and would minimize the impact of the restaurant to the neighboring residential area. PLANNING & ZONING COMMISSION MINUTES PAGE 9 APRIL 4, 2006 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The use of the property is a restaurant in the GB, General Business District. The configuration of the property, along with the size of the restaurant and the property yield a small number of parking stalls available to the remainder of the site. These conditions are unique to this particular piece of property attempting to accommodate a full-service restaurant. Other similarly zoned parcels would not encounter the same encumbrances as this particular piece of land. 3.The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The provisions of the Zoning Code require a 20-foot parking stall. The difficulty in this situation is that the restaurant would not be able to function on the parcel if there were only 74 parking stalls on site. At the time of the variance request, the applicants did not have a legal interest in the property, and are seeking a variance to fulfill the needs of the restaurant. 4.The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The particular use of a restaurant in a Transit-Oriented Development, as described in the Comprehensive Plan, is consistent with the intent of the Comprehensive Plan. Granting the variance would not alter this. 5.The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. Granting of this variance would be beneficial to the welfare of the general public, as it would not encourage restaurant patrons to park in the residential neighborhoods, or along heavily traveled roadways. The success of Sarna’s Restaurant hinges on the amount of parking that the property can accommodate. The request of a 2-foot variance to the parking stall length is not extraordinary when compared to other similar cities in the metro area. By granting this variance, the restaurant will be able to add an additional 15 parking stalls, further ensuring that the patrons would not be parking in the residential neighborhood to access the restaurant. For these reasons, Staff recommends approval of the variance with the noted conditions. Questions by Members: Fiorendino asked how many of the spaces will be 18 feet in length. Sargent stated that all of them would be configured at this length if approved. Schmitt questioned if this is acceptable for the handicapped spaces also. Sargent explained that there will be 4 handicap spaces. The length of which will also be 18 feet, however they must provide for a 96 inch access isle for each of these handicap parking spaces. PLANNING & ZONING COMMISSION MINUTES PAGE 10 APRIL 4, 2006 Peterson asked about the four future spaces noted in the drawing in the NW corner. Sargent explained this small piece of property is still owned by MN DOT. If this property can be obtained, it will provide four more spaces. Peterson also questioned the 18 ft. length in the head to head parking spaces. He felt this may be inadequate, especially if there will be parking blocks versus painted striping. Sargent stated he believed it would be painted striping and that this shouldn’t be an issue according to other cities that have allowed this adjusted length policy. He said the 9 ft. width of the spaces and the 24 ft. aisle spaces provide adequate room for maneuvering Peterson asked whether the re-configured layout would provide adequate space for the dock trucks to maneuver through the lot to gain access to the unloading dock of the neighboring property as agreed to. Sargent explained the turning radius and aisle spaces should be sufficient for the delivery trucks. Peterson wanted to know how this plan differs from the one originally submitted. Sargent said the changes were minor. The building location was altered slightly and some of the parking areas were curved a bit. He pointed out this plan is more neighbor friendly. It will allow for more parking in the lot, which will reduce the amount of parking on the surrounding streets. Peterson was happy to see more on-site parking, and would like to see no street parking allowed at all. However, Sargent said that would be hard to do as they are public streets. He also reminded the members, they are voting on the length of the spaces, not the number of spaces. Peterson asked how the figure of 54 required spaces is arrived at. Sargent explained it it determined by the Zoning Code that requires 30% of the restaurant’s capacity. And the original plan provided approximately 74 spaces. The new configuration with the 18 ft. length adjustment would allow approximately 89 stalls on site. He felt this is a more realistic number. The Public Hearing was Opened: No one was present to speak on this matter. The Public Hearing was closed: Motion by Fiorendino, seconded by Schmitt,that the Planning Commission approve the 2-foot parking stall length variance for the Sarna’s Restaurant with the following conditions: 1.All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2.All access isles for handicap accessible parking shall be at least 96 inches. 3.Four (4) handicap parking spaces are required for 76-100 total parking spaces. All ayes. MOTION PASSED. upon execution and return of this document to the City Planning Office. contingent The attached draft Resolution will go to the City Council at the April 10, 2006 meeting. PLANNING & ZONING COMMISSION MINUTES PAGE 11 APRIL 4, 2006 RESOLUTION NO. XXXX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR JAMES SARNA OF SARNA’S RESTAURANT WHEREAS , a proposal (Case # 2006-0401) has been submitted by James Sarna to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3955 University Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance as per Code Section 9.106 (L)(7)(a). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on April 4, 2006; WHEREAS , the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED , that the attached conditions, plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance 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. All application materials, maps, drawings and other descriptive information submitted with this application shall become part of the permit. 2. All access isles for handicap accessible parking shall be at least 96 inches. 3. Four (4) handicap parking spaces are required for 76-100 total parking spaces. Passed this __ day of April 2005 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary PLANNING & ZONING COMMISSION MINUTES PAGE 12 APRIL 4, 2006 CASE NUMBER: 2006-0402 APPLICANT: Dan Terzich, Frattallone’s Hardware Store th LOCATION: 2261 - 37 Avenue NE REQUEST: Conditional Use Permit for Seasonal Sales Frattallone’s Ace Hardware has applied for a Conditional Use Permit to allow the operation of a seasonal mini-garden center for flowering plants and retail sales. According to Section 9.106 (G)(5) of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The applicant thth proposes to operate the garden center for 90 days, from April 15 through July 15 (see attached letter). The attached site plan illustrates the 21’x48’ tent location, which will be located directly in front of Ace Hardware. This site plan and configuration remains unchanged from previous years. The greenhouse structure will be the same as previous years with two, six-foot doors remaining open at all times during business hours. There will be at least two fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The greenhouse will displace approximately seven parking spaces. th This will be the Frattallone’s 13 year operating a temporary greenhouse at this location in Columbia Heights. PLANNING CONSIDERATIONS Consistency with Comprehensive Plan The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City’s Comprehensive Plan. Consistency with Zoning Ordinance ▪ The Zoning Map classifies the property as GB - General Business. Retail uses are allowed in this zoning district. The Frattallone’s proposal will impact approximately seven parking spaces. Overall, the proposed tent will have relatively little impact on the site, as there is currently an abundance of parking spaces and drive aisle access will not be impacted. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. 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: Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the GB - General Business District. PLANNING & ZONING COMMISSION MINUTES PAGE 13 APRIL 4, 2006 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan: The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as greenhouses, is a permitted use in the commercial areas. 3. The use will not impose hazards or disturbing influences on neighboring properties: The outdoor tent and related business proposed will be placed in the southeasterly portion of the parking lot away from residential properties and should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity: The garden center as proposed will have no impact on the use of adjacent properties. 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: Frattallone’s has been operating a seasonal greenhouse at this location for 12 years, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. The use and property upon which the use is located are adequately served by essential public facilities and services: The property is currently served by adequate public roadways and necessary utilities. 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: The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity: As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 9. The use complies with all other applicable regulations for the district in which it is located: As determined by staff, the use complies with the applicable regulations of the GB General Business District. Staff recommends that the Planning Commission recommend the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to two conditions included in the recommended motion. Questions by Members: No questions. PLANNING & ZONING COMMISSION MINUTES PAGE 14 APRIL 4, 2006 The Public Hearing was opened: No one was present to speak on this issue. The Public Hearing was closed: Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends that the City th Council approve the Conditional Use Permit for seasonal agricultural sales at 2261 - 37 Avenue NE thth from April 15 through July 15, 2006, 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.The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. All Ayes. MOTION PASSED . The attached draft Resolution will go to the City Council at the April 10, 2006 meeting. DRAFT RESOLUTION NO. XXXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FRATTALONE’S ACE HARDWARE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2006-0402) has been submitted by Frattalone’s ACE Hardware Stores to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: th ADDRESS: 2261 – 37 Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(e), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on April 4, 2006; 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: 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. PLANNING & ZONING COMMISSION MINUTES PAGE 15 APRIL 4, 2006 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 outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. Passed this __ day of April 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary NEW BUSINESS None MISCELLANEOUS Sargent updated the members on the Linders Greenhouse case that was approved last month. He spoke with the applicant and he said there was no problem setting up the greenhouse and maintaining the required 20 ft. access to the rear of the tent. The meeting was adjourned at 8:00 pm Respectfully submitted, Shelley Hanson Secretary