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HomeMy WebLinkAbout20191001_Planning_MinutesMINUTES OF PLANNING COMMISSION OCTOBER 1, 2019 6:00 PM The meeting was called to order at 6:00 pm by Chair Szurek. Commission Members present- Novitsky, Hoium, Schill, Kaiser, and Szurek. Members Absent: Fiorendino and Sahnow Also present were Elizabeth Hammond (Planner), Shelley Hanson (Secretary), and John Murzyn (Council Liaison). APPROVAL OF MINUTES Motion by Schill, seconded by Kaiser, to approve the minutes from the meeting of September 4, 2019. All ayes. MOTION PASSED. CASE #: 2019-1001 APPLICANT: Tapia Investments LLC LOCATION: 4230 Central Ave NE REQUEST: Zoning Amendment-rezoning Hammond explained that Pedro and Amanda Tapia, of Tapia Investments, LLC are requesting to rezone their property located at 4230 Central Avenue NE. The property is currently zoned Limited Business Commercial, and the property owners are requesting to change the designation to General Business Commercial. This zoning change would allow the property to accommodate additional types of uses in the future. Currently with the Limited Business classification, the owners are limited to certain types of uses for the site, whereas changing this designation would open up the property to additional types of businesses, and be beneficial for the owners in keeping the space fully leased. Attached for your consideration is the list of permitted and conditional uses for the limited and general business zoning districts. ZONING ORDINANCE The subject property is located in the Limited Business Zoning District, as are the properties to the north. The properties to the south and east are located in the General Business District. The properties to the west are located in the R2A Residential District. COMPREHENSIVE PLAN The Comprehensive Plan guides this property for commercial uses. The rezoning request would open the property up to additional commercial uses in the future. The request is in line with the overall future land use designation for the corridor and is consistent with the City’s Comprehensive Plan. FINDINGS OF FACT Hammond said that Section 9.104(F) (5) requires four findings of fact to be made when a zoning amendment petition is made. The findings of fact are as follows: The amendment is consistent with the Comprehensive Plan This is correct. The property is guided for commercial uses. Planning Minutes Page 2 Oct 1, 2019 (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. This is correct. The proposed rezoning would allow for a wider variety of business to be located on the property, strengthening the commercial corridor and vitality along Central Avenue. (c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. This is correct. The majority of the surrounding property is already zoned General Business. The exception is the properties on the block to the west, which are zoned R2A Residential, and the properties to the north which are zoned Limited Business. (d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. In 2014, the Planning Commission and City Council approved the rezoning of the property immediately to the south, to General Business. The applicant has included the meeting minutes for your reference. This property shares a boundary with the subject property and the structure itself is actually built over the property line, where the two properties share a wall. It makes sense to rezone this parcel as well, to be consistent with the types of uses allowed in the southern portion of the building. Additionally, the trend of development and redevelopment along Central Avenue has historically promoted Central Avenue as the main commercial corridor for Columbia Heights. The Limited Business zoning classification is can be restrictive, whereas, the General Business district would allow the types of uses that are compatible with the majority of Central Avenue. Staff recommends that the Planning Commission recommend approval of the proposed rezoning of the property located at 4230 Central Avenue NE. Questions/comments from members: Hoium questioned whether the new business located at this site is an allowed use in the Limited Business zoning district. He is concerned with the number of massage businesses locating in our city. Hammond explained that it is an allowed use in both the Limited Business and General Business zoning districts. She told members that the applicant is requesting the re-zoning to make it consistent with the south building that went through this process a couple years ago. It will make the property available to more business options so he can fill the vacancies. Hammond stated that it is consistent with the goals detailed in our Comprehensive Plan. Szurek asked if he can put anything he wants in the building. Hammond said it would depend on what type of business it is. The applicant knows he must check with the City to ensure it is a permitted use and must also abide by any building code requirements. Planning Minutes Page 3 Oct 1, 2019 Public Hearing was opened: There was no one present to speak on this matter. Public Hearing was closed. Motion by Kaiser, seconded by Hoium, to waive the reading of Resolution No. 2019-75, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Kaiser , seconded by Hoium , that the Planning and Zoning Commission recommends the City Council approve Resolution No. 2019-75, rezoning the property located at 4230 Central Avenue NE from ‘Limited Business’ to ‘General Business’. All ayes. MOTION PASSED. The following Resolution will go to the City Council at the October 14, 2019 meeting. RESOLUTION NO. 2019-75 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Zoning Amendment for the property located at 4230 Central Avenue NE. Whereas, a proposal (Case # 2019-1001) has been submitted by Tapia Investments, LLC to the City Council requesting a Zoning Amendment from the City of Columbia Heights at the following site: ADDRESS: 4230 Central Avenue NE, Columbia Heights, MN 55421 (PID: 35-30-24-14-0075) LEGAL DESCRIPTION: On file at City Hall. REQUEST: Zoning Amendment (Rezoning) Whereas, the Planning Commission held a public hearing as required by the City’s Zoning Code on October 1, 2019; Whereas, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Rezoning 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: Planning Minutes Page 4 Oct 1, 2019 FINDINGS OF FACT (a) The amendment is consistent with the Comprehensive Plan (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. (c)) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. (d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. 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 hereby rezones the property at 4230 Central Avenue NE to “General Business”. CASE #: 2019-1002 APPLICANT: We Fix Everything LOCATION: 4435 Central Avenue NE REQUEST: Site Plan Review Hammond stated that We Fix Everything has submitted plans on behalf of Pepe’s Multiservicios for a proposed attached accessory structure (garage) to be located on the subject property. The proposed garage is 912 square feet. The site plan indicates that the proposed accessory structure will be accessed off the existing entry point to the parcel, which is on Central Avenue NE. The garage meets the City’s Zoning Code requirements for setbacks and height. The Section 9.104 (N) of the Zoning Ordinance requires that all new plans for development other than one and two family residences, be reviewed and approved by the Planning Commission prior to the issuance of a building permit. ZONING ORDINANCE The subject property is located in the General Business Zoning District, as are the properties to the north and south. The properties to the west are located in the R2A Residential Zoning District. The properties to the east are located in the R2A Residential and R2B Residential Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for commercial uses. The proposal for a new garage associated with the commercial business is consistent with the goals and intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the “Central Avenue, Highway District” standards within the Design Guidelines. The intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue and 40th Avenue. Planning Minutes Page 5 Oct 1, 2019 Much of the guidelines do not apply to this proposal as the guidelines are intended for the principal structure and use on the property. In this case the applicant is simply proposing to build the garage on the property for storage associated with the business which is operated out of the primary structure and existing detached garage on the parcel. The proposal will allow for the vehicles currently parked in this location to be enclosed. The building is proposed to have steel siding with a pitched asphalt roof. The applicant is proposing two windows on the south elevation of the building. There are no proposed changes to the site’s parking layout, landscaping or signage. Due to the property being located in the Design Guidelines and the visibility off Central Avenue, staff has added a condition that the materials of the siding be changed to match the existing structures on the property, which are stucco. Additionally, staff added conditions that two trees be planted on the southwestern corner of the property and that signage complies with City Sign Code regulations. 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: The Site Plan conforms to all applicable requirements of this article. This is correct. The applicable Zoning Code requirements are achieved. The Site Plan is consistent with the applicable provisions of the City’s Comprehensive Plan. The Comprehensive Plan guides this area for Commercial Uses. Staff believes the proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. The Site Plan is consistent with any applicable area plan. This is correct. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed Site Plan meets all the development standards outlined in the Zoning Code and will be required to meet Design Guidelines outlined previously. The applicant isn’t proposing to use the parcel in a different manner than used previously; therefore, the properties in the immediate vicinity of the proposed garage should not be adversely impacted. The loading and unloading of product will now be screened from adjacent properties, minimizing further any impact on adjacent property. Staff recommends approval of the Site Plan for the proposed attached accessory structure to be located at 4435 Central Avenue NE, subject to certain conditions of approval. Planning Minutes Page 6 Oct 1, 2019 Questions/comments from members: Hoium asked if the existing garage shown on the site plan is part of this property. Hammond said it was. He is concerned that the request is for vehicle storage and that the applicant would be using this site for auto repair, (this assumption was partly due to the name of the applicant “We Fix Everything”). Hammond stated that the applicant is aware that auto repair is not an allowed use. Properties along Central Avenue would need at least an acre in order to have an auto related business, and this site is not that large. She said the applicant is actually the contractor who submitted the request on behalf of the owner, Jose, who runs “Pepe Multi Services” business out of this location. Hammond explained that Pepe’s gathers merchandise that is shipped to other countries. Szurek asked if the existing garage would be removed. Hammond told them no. The proposed garage will be added onto the back of the house and will be used to house their vehicles as the other garage is used for storage of the merchandise. Szurek then asked about their signage. Hammond stated they have a monument sign , anothersign on the front of their building, as well as one on the fence. She said staff would be working with the owner to bring them into compliance as part of this process and signage is addressed in condition number 6. Hammond told members that staff will be addressing sign violations along Central and 40th Avenue over the next few months as several businesses are non-compliant. Public Hearing Opened. The applicant was asked if the owner also lives in this property and he said they do not, it is used strictly for business purposes. Public Hearing Closed. Motion by Hoium, seconded by Novitsky, to waive the reading of Resolution No. 2019-PZ04, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schill, seconded by Kaiser, to approve Resolution No. 2019- PZ04, being a resolution approving a Site Plan for the proposed accessory structure to be located at 4435 Central Avenue and subject to the following conditions: The building and site shall be meet all requirements found in the Fire Code and the Building Code. Storm water runoff from the new garage must be directed to street. Storm water runoff cannot be directed onto adjacent properties. The proposed steel siding is not permitted and shall be changed to stucco to match existing structures on the property. The elevation plans must be updated to show stucco as the siding materials, prior to the issuance of a building permit. The Building Plans need to be signed by a licensed design professional and approved by the Building Official, prior to the issuance of a Building Permit. Planning Minutes Page 7 Oct 1, 2019 All other applicable local, state, and federal requirements shall be met at all times. Signage on the property must comply with City Sign Code regulations. The signage on the balcony fencing shall be removed. Two trees shall be planted on the southwestern corner of the property. The trees shall be at least 5 feet from the western and southern property line. The applicant will see the City Forester to determine what kind of tree will be planted. The tree will be planted within six (6) months of the project being complete. All ayes. MOTION PASSED. RESOLUTION NO. 2019 – PZ04 A Resolution of the Planning Commission approving a Site Plan for the construction of an attached accessory structure on the property located at 4435 Central Avenue NE. Whereas, a proposal (Case #2019-1002) has been submitted by We Fix Everything to the Planning Commission, requesting Site Plan approval from the City of Columbia Heights at the following site: LOCATION: 4435 Central Avenue NE, Columbia Heights MN 55421 (PID 36-30-24-22-0043) LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of an attached accessory structure to be located on the subject property Whereas, the Planning Commission held a public hearing as required by the City Zoning Code on October 1, 2019; Whereas, the Planning Commission has considered the advice and recommendations of City staff regarding the effect of the proposed Site Plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, be it resolved, the Planning Commission of the City of Columbia Heights after reviewing the proposal, accepts and adopts the following findings: The site plan conforms to all applicable requirements of this article. The site plan is consistent with the applicable provisions of the City’s Comprehensive Plan. The site plan is consistent with any applicable area plan. 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 approval; and in granting this approval the City and the applicant agree that this approval 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. Planning Minutes Page 8 Oct 1, 2019 CONDITIONS 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. Storm water runoff from the new garage must be directed to street. Storm water runoff cannot be directed onto adjacent properties. 3. The proposed steel siding is not permitted and shall be changed to stucco to match existing structures on the property. The elevation plans must be updated to show stucco as the siding materials, prior to the issuance of a building permit. 4. The Building Plans need to be signed by a licensed design professional and approved by the Building Official, prior to the issuance of a Building Permit. 5. All other applicable local, state, and federal requirements shall be met at all times. 6. Signage on the property must comply with City Sign Code regulations. The signage on the balcony fencing shall be removed. 7. Two trees shall be planted on the southwestern corner of the property. The trees shall be at least 5 feet from the western and southern property line. The applicant will work with the City Forester to determine what kind of trees will be planted. The trees will be planted within six (6) months of the project being complete. Passed this 1st day of October, 2019 Offered by: Schill __________________ ____________ Seconded by: Kaiser Marlaine Szurek, Chair Roll Call: All Ayes Ayes: Abstain: ____________________________________ Shelley Hanson, Secretary CASE #: 2019-1003 CASE WITHDRAWN APPLICANT: Mike Zipper LLC LOCATION: 1601 37th Avenue NE REQUEST: Conditional Use Permit Planning Minutes Page 9 Oct 1, 2019 OTHER BUSINESS Hammond shared the 2020 Planning Commission schedule with the members. The next regular meeting will be Tuesday, November 5, 2019. Motion by Schill, seconded by Novitsky, to adjourn the meeting at 6:30 pm. Respectfully submitted, Shelley Hanson Secretary