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HomeMy WebLinkAbout09-01-2020 Planning Commission PacketCOLUMBIA HEIGHTS PLANNING COMMISSION    NOTICE OF CONDUCTING MEETING BY A COMBINATION   OF IN‐PERSON AND ELECTRONIC MEANS    Following a determination by City Manager Kelli Bourgeois, and emergencies declared  by the United States, The State of Minnesota, and the Columbia Heights Mayor & City Council,  the Columbia Heights Planning Commission Meeting Scheduled for Tuesday, September 1, 2020  at 6:00 pm will, pursuant to Minn. Stat. § 13D.021, occur by a combination of in‐person and  electronic means. Members of the public who wish to attend may do so by attending in‐person  in the Council Chambers at City Hall or by calling 1‐312‐626‐6799 and entering meeting ID 829  3528 3727 at the scheduled meeting time. Comments can be submitted ahead of the meeting to  ehammond@columbiaheightsmn.gov or by calling (763) 706‐3670        If there are any questions about this notice or attending/calling in to the meeting,  please contact the Community Development Department at (763) 706‐3670. The meeting  location for this meeting is the Council Chambers at Columbia Heights City Hall located at 590  40th Ave NE, Columbia Heights, MN 55421.       Board of Appeals and Adjustments (Planning Commission) Meeting September 1, 2020 6:00 p.m. Columbia Heights City Hall 590 40th Avenue NE Columbia Heights, MN 55421 September 1, 2020 Planning Commission Agenda 1. Call to Order and Roll Call 2. Approve Minutes a. Approval of June 2, 2020 Planning Commission meeting minutes. 3. Public Hearing a. Appeal of City Council decision, made by the passage of Resolution No. 2020-54, approved at the July 13, 2020 City Council meeting Applicant: Harry Frankman, Attorney on behalf of Jeff Bahe and Robert Williams, Property Owners Subject Property: 683 39th Ave NE Columbia Heights, MN 55421 4. Other Business a. Reminder: Planning Commission meeting Tuesday, October 6, 2020, 6:00 p.m. 7. Adjourn CITY OF COLUMBIA HEIGHTS BOARD OF APPEALS AND ADJUSTMENTS (PLANNING COMMISSION) PLANNING REPORT 683 39th Avenue NE. CASE NUMBER: 2020-0901 DATE: September 1, 2020 TO: Board of Appeals and Adjustments (Planning Commission) APPLICANT: Harry Frankman, Attorney on behalf of Jeff Bahe and Robert Williams DEVELOPMENT: NA LOCATION: 683 39th Avenue NE., Columbia Heights, MN 55421, PID 35-30-24-43-0039 REQUEST: Appeal City Council decision, Resolution No. 2020-54 PREPARED BY: Elizabeth Hammond, City Planner INTRODUCTION The Planning Commission serves as the City’s Board of Appeals and Adjustments. Please review the duties of the Board of Appeals and Adjustments and the appeals procedure outlined below. City Zoning Code Chapter 9 .104 (B) (4) (c) - Board of Appeals and Adjustment duties: In accordance with M.S. § 462.354, as it may be amended from time to time, the City Council has designated the Planning Commission as the Board of Appeals and Adjustments. As such, the Planning Commission shall have the following additional responsibilities: (1) Hear and make decisions on all applications for an appeal of any administrative order, requirement, determination or final decision made by the Zoning Administrator or other official in the administration of this article. City Zoning Code Chapter 9 .104 (E) - Appeals Procedure: (1) Right of appeal. At any time within 30 days after a written order, requirement, determination or final decision has been made by the Zoning Administrator or other official in interpreting or applying this article, except for actions taken in connection with prosecutions for violations thereof, the applicant or any other person affected by such action may appeal the decision. (2) Application for appeal. An appeal must be made by filing a written notice of appeal addressed to the Zoning Administrator and Planning Commission, and stating the action appealed as well as the specific grounds upon which the appeal is made. (3) Public hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the appeal in accordance with the requirements of this section. After the close of the hearing, the Planning Commission shall render its findings. City of Columbia Heights Board of Appeals (Planning Commission) September 1, 2020 Planning Report Page 2 BACKGROUND At this time, Harry Frankman, Attorney for Jeff Bahe and Robert Williams has filed an Appeal of City Council Resolution No. 2020-54, approved by the City Council at the July 13, 2020 City Council meeting. The resolution revoked a Conditional Use Permit to allow for outdoor storage of vehicles for the property located at 683 39th Ave NE. The meeting minutes from the July 13, 2020 City Council meeting are attached. The Appeal before you is in response to a written order sent to the property owner on July 16, 2020 (attached), and claims that the property is not in violation of the conditions of the permit, and that the City did not provide a reasonable time period to comply with the alleged violations of the Conditional Use Permit. The Conditional Use Permit was approved in 2006. Staff has attached the meeting minutes from the Planning Commission and City Council meetings that took place in 2006 when the Conditional Use Permit was discussed and approved by the City. ZONING ORDINANCE The subject property located at 683 39th Ave. NE. is located in the Industrial Zoning District as are the properties to the south, east and west. The properties to the north are located in the Public and Open Space District. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for Industrial uses. FINDINGS OF FACT There are no Findings of Fact specifically outlined in the City’s Code, which must be met in order to approve an Appeal. The Board of Appeals has the authority to make a ruling on the request based on the evidence presented by the applicant. However, the Board of Appeals must make findings when approving or denying the request. RECOMMENDATION In the case of an Appeal, staff does not make a recommendation to the Board of Appeals. It is up to the Board to make a determination on the request. The Board of Appeals must make a motion to deny or approve the appeal. There is no Resolution document to approve or sign; rather a letter will be sent to the applicant following the meeting, stating the Board’s finding. Sample Motion and Findings Motion: Move to deny the appeal made by Harry Frankman, attorney on behalf of Jeff Bahe and Robert Williams for the property located at 683 39th Ave NE based on the following findings: 1. The property is not in compliance with the Conditional Use Permit granted in 2006, by the passage of Resolution No. 2006-02. 2. The City Council held a public hearing on July 13, 2020 on the revocation of the Conditional Use Permit. The owner received notice of the hearing approximately one month prior to the hearing. City of Columbia Heights Board of Appeals (Planning Commission) September 1, 2020 Planning Report Page 3 3. The property owner has had adequate time, since the year 2006 to comply with the conditions listed on the permit, which is an agreement between the City and the property owner. 4. The property owner did not comply with conditions 1, 4, 6 and 7 stated on the permit on the date of the hearing, and the City Council voted to revoke the permit. 5. The Planning Commission has heard the property owner’s appeal of this decision. Based on all evidence presented, the Board of Appeals finds that the appeal should be denied. ATTACHMENTS Appeal Documents from Applicant Location Map Notice to Owner- City Council Decision Notice to Owner – CUP Revocation Hearing Resolution No. 2020-54 City Council Minutes from the July 13, 2020 meeting Resolution No. 2006-02 Letter to City Council- January 9, 2006 meeting City Council Minutes from the from the January 9, 2006 meeting Staff Planning Report to Planning Commission from the January 3, 2006 meeting Planning Commission minutes from the January 3, 2006 meeting Approved Site Plan (Survey) with parking setbacks City of Columbia Heights | Community Development 590 40th Ave NE, Columbia Heights, MN 55421 ▪ Ph: 763-706-3670 ▪ www.columbiaheightsmn.gov July 16, 2020 Jeff’s Bobby and Steve’s Auto World 3701 Central Avenue NE Columbia Heights, MN 55421 NOTICE OF REVOCATION – FINAL NOTICE Re: Revocation of Conditional Use Permit, 683 39th Ave NE. Columbia Heights, MN 55421 (PID # 35-30-24-43-0039) Dear Property Owner: This letter is to notify you that on July 13, 2020 the Columbia Heights City Council approved Resolution No. 2020-54 (attached), revoking the Conditional Use Permit on file for the property located at 683 39th Ave NE (PID # 35-30-24-43-0039). The property cannot be used for vehicle storage. All vehicles stored on the lot must be removed immediately. A compliance inspection will occur on or after Friday, July 24, 2020. I’ve also included the list of permitted uses in the (I- 2 Industrial) zoning district. As you determine the future use on the property, it is important to contact the City with clarification for specific standards that may apply. If you have any questions about the permitted or conditional uses allowed on the property or other zoning related questions, please contact the Community Development Department at (763) 706-3673. Sincerely, Elizabeth Hammond, City Planner Community Development Department C: City Manager City Attorney Community Development Director Chief of Police Fire Chief Public Works Director Enclosure: Resolution No. 2020-54 I-2 Industrial Zoning District Permitted Uses City of Columbia Heights | Community Development 590 40th Ave NE, Columbia Heights, MN 55421 ▪ Ph: 763-706-3670 ▪ www.columbiaheightsmn.gov 683 39th Ave NE June 17, 2020 Jeff’s Bobby and Steve’s Auto World 3701 Central Avenue NE Columbia Heights, MN 55421 Re: Conditional Use Permit, 683 39th Ave NE. Columbia Heights, MN 55421(Property ID 35-30-24-43- 0039) Dear Property Owner: On January 9, 2006 the City Council approved Resolution No. 2006-02 (attached), approving a Conditional Use Permit for the property at 683 39th Ave NE. The property is not in compliance with the conditions of the Conditional Use Permit and therefore has been scheduled for a public hearing and revocation. The public hearing to revoke the Conditional Use Permit is scheduled to occur on July 13, 2020. If you have any questions regarding this letter, please contact the Community Development Department at (763) 706-3670. Sincerely, Elizabeth Hammond, City Planner Community Development Department C: 683 39thAve NE Columbia Heights, MN 55421 City Manager Community Development Director Chief of Police Fire Chief Public Works Director Enclosure: Resolution No. 2006-02 RESOLUTION NO. 2020-54 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving revocation pursuant to City Code 9.104 (H) (8), of a Conditional Use Permit granted to Jeff Bahe of Jeff Bobby and Steve's, for the property located at 683 39 th Ave NE. Whereas, the property located at 683 39 th Ave NE, does not comply with the conditions agreed upon between the Property Owner and the City, Whereas, pursuant to City Code 9.104 (P) (2) (a) written notice setting forth the causes and reasons for the proposed Council action contained herein was given to the Property Owner on June 17, 2020 of a public hearing to be held on July 13, 2020, Now, therefore, in accordance with the foregoing, and all ordinances and regulations ofthe City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. On January 9, 2006, the City Council approved Resolution No. 2006-02 approving a Conditional Use Permit for Jeff Bahe of Jeff's Bobby and Steve's within the City of Columbia Heights. 2. The Conditional Use Permit was to allow outdoor storage in an industrially zoned district. 3. The City and the Property Owner agreed to eleven (11) conditions of approval for the Conditional Use Permit. 4. On July 13, 2020, the City performed an inspection and found that the property does not comply with the conditions of the Conditional Use Permit. 5. On July 13, 2020 the City Council held a public hearing at approximately 7:00 pm in the City Council Chambers of City Hall and approved the revocation of the Conditional Use Permit due to the fact that conditions 1, 4, 6, 7, and 8 of the Conditional Use Permit have not been achieved. ORDER OF COUNCIL Therefore, the Conditional Use Permit is hereby revoked. Passed this 13th day of July, 2020. Offered by: Seconded by: Roll Call: Attest: Buesgens Novitsky Ayes: Buesgens, Murzyn Jr., Novitsky, Schmitt; Abstain: Williams Donna Schmitt, Mayor cil Secretary OFFICIAL PROCEEDINGS CITY OF COLUMBIA HEIGHTS CITY COUNCIL MEETING JULY 13, 2020 The following are the minutes for the regular meeting of the City Council held at 7:00 pm on Monday, July 13, 2020, in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. 1. CALL TO ORDER/ROLL CALL Mayor Schmitt called the meeting to order at 7:00 pm. Present: Mayor Schmitt; Councilmember Buesgens; Councilmember Murzyn, Jr.; Councilmember Novitsky; Councilmember Williams Also Present: Lenny Austin, Police Chief; Jeff Bahe; Kelli Bourgeois, City Manager; Aaron Chirpich, Community Development Director; Anthony Cologne; Elizabeth Hammond, City Planner; Kevin Hansen, Public Works Director; Walter Moreno; Nicole Tingley, City Clerk 2. PLEDGE OF ALLEGIANCE 3. MISSION STATEMENT, Read by Mayor Schmitt Our mission is to provide the highest quality public services. Services will be provided in a fair, respectful and professional manner that effectively address changing citizen and community needs in a fiscally-responsible manner. 4. APPROVAL OF AGENDA Motion by Councilmember Murzyn, Jr., seconded by Councilmember Novitsky, to approve the agenda as presented. All Ayes, Motion Carried 5-0. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITION, ANNOUNCEMENTS, GUESTS A. Recognition of Departing Board & Commission Members Mayor Schmitt acknowledged and thanked departing Board and Commission members: Kevin McDonald, Park & Recreations Commission 2003-2020; Leonard Olson, Traffic Commission 2011-2020; David Payne, Park & Recreation Commission 2002-2020; Steve Smith, Library Board 2011-2020; and Marlaine Szurek, Planning Commission 1986-2020. 6. CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A. Approve Minutes of the City Council MOTION: Move to approve the amended minutes of the City Council Meeting of June 22, 2020. B. Accept Board and Commission Meeting Minutes MOTION: Move to accept the minutes of the Park & Recreation Commission Meeting of December 4, 2019. MOTION: Move to accept the minutes of the EDA Meeting of June 8, 2020. City Council Minutes July 13, 2020 Page 2 C. Revise Date on Gambling Permit, Immaculate Conception Church MOTION: Move to direct the City Manager to forward a letter to the State Charitable Gambling Control Board indicating that Immaculate Conception Church has requested a date change on its application for a Gambling Permit. The original date was August 8, 2020, and the revised date is September 13, 2020. This new date will accommodate securing the license from the State of Minnesota and printing/selling the raffle tickets. D. Resolution No. 2020-53 Designating Election Judge Salaries for the 2020 State Primary and General Elections MOTION: Move to waive the reading of Resolution No. 2020-53, there being ample copies to the public. MOTION: Move to adopt Resolution No. 2020-53, being a resolution designating election judges and salaries for the 2020 State Primary and General Elections. E. Approve Expenditure for Office Remodel MOTION: Move to authorize the Police Chief to expend $30,000.00 for the remodel of Police Department offices to change the two Sergeant offices for use by the two Captains, with money to come from the Police Department’s 2020 operating budget. F. Approve Purchase of Tasers MOTION: Move to authorize the Police Chief to expend $40,000.00 for the purchase of 35 new X26P Tasers for Officers and Community Service Officers, with money to come from the Police Department’s 2020 operating budget. G. Approve Contract with Kimley-Horn to Perform a Risk and Resiliency Assessment and Emergency Response Plan MOTION: Move to approve the contract with Kimley-Horn and Associates to perform the federally-mandated Risk and Resiliency Assessment and updating the City’s Emergency Response Plan. H. Approve Plans and Specifications and Authorization to Seek Bids for the Demolition of Office Building and Parking Ramp at 3989 Central Avenue and 950 40th Avenue MOTION: Move to approve the plans and specifications for demolition of the building and parking ramp at 3989 Central Avenue and 950 40th Avenue, City Project 2011, and authorize staff to seek bids. I. Approve Construction Management Contract for the Demolition of Office Building and Parking Ramp at 3989 Central Avenue and 950 40th Avenue MOTION: Move to approve the Construction Management contract for the demolition of the office building at 3989 Central Avenue and parking ramp at 950 40th Avenue, City of Columbia Heights Project 2011, in the amount of $53,500.00 and authorize the Mayor and City Manager to enter into a contract for the same. City Council Minutes July 13, 2020 Page 3 J. Final Payment for Zone 3 Crack Sealing, City Project 1801 MOTION: Move to accept the work for 2020 Zone 3 Crack Sealing, City Project 1801, and authorize final payment of $23,676.24 to Northwest Asphalt and Maintenance of Thief River Falls, Minnesota. K. Authorization to Enter into a Joint Powers Agreement with the City of Fridley to Replace Fencing on University Avenue MOTION: Move to authorize the Mayor and City Manager to enter into a Joint Powers Agreement with the City of Fridley for the removal and/or replacement of fencing along University Avenue from 37th Avenue to 53rd Avenue. L. Approve Business License Applications MOTION: Move to approve the items as listed on the Business License Agenda for July 13, 2020, as presented. M. Review of Bills MOTION: Move that in accordance with Minnesota Statute 412.271, subd. 8, the City Council has reviewed the enclosed list of claims paid by check and by electronic funds transfer in the amount of $916,283.53. Councilmember Williams requested removal of items H and I from the Consent Agenda, as he wished to abstain from voting on those items. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to approve the Consent Agenda items minus items H and I. All Ayes, Motion Carried 5-0. Motion by Councilmember Novitsky, seconded by Councilmember Buesgens, to approve Consent Agenda items H and I. Ayes: Buesgens; Murzyn, Jr.; Novitsky; Schmitt. Abstain: Williams. Motion Carried 4-0-1. 7. PUBLIC HEARINGS A. Resolution No. 2020-54, a Resolution Approving the Revocation of the Conditional Use Permit for the Property Located at 638 39th Avenue NE Planner Hammond provided background information, stating Resolution No. 2006-02 approved a Conditional Use Permit (CUP) January 9, 2006, for the property identified as 683 39th Avenue NE, which allowed for the property to be used for outdoor storage of vehicles waiting for repair at Jeff’s Bobby and Steve’s Auto World. When the CUP was approved, 11 conditions were added to the permit. Staff notified the owner on June 17, 2020, that the CUP was not in compliance with the agreed-upon conditions and scheduled for a public hearing revocation. The 11 conditions were cited: 1. The outdoor storage shall be located within the setback requirements of the I-2, Industrial District. 2. There shall be no outdoor storage of materials located on the public right-of-way. 3. There shall be no storage of junk vehicles used for parts on the premises. 4. All vehicles stored on the premises shall be currently licensed and insured. City Council Minutes July 13, 2020 Page 4 5. There shall be no cars for sale on the property and customers shall not buy vehicles from the site. 6. The area used for outdoor storage shall be surfaced with a hard surface material approved by the City Engineer. A grading and drainage plan shall also be approved by the City Engineer prior to use of the property. 7. A six-foot-tall wooden privacy fence of at least 80% opacity shall be installed along the northern property line. Any type of fence allowed by City Ordinance, no less than six-feet high and 80% opaque, shall screen the remainder of the outdoor storage area. 8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 9. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 10. The privacy fence shall be placed 20 feet from the front property line. 11. There shall be no storage of materials between the fence and the front property line. Because not all of the conditions (outdoor storage, junk vehicles, licensing and fencing) are in current compliance, Planner Hammond and City staff recommend revocation of the Conditional Use Permit. Mayor Schmitt opened the public hearing. Jeff Bahe, owner of Jeff’s Bobby & Steve’s Auto World, referred to the screening on the 39th Avenue side as being in compliance with the City’s directive. He stated that COVID-19 has limited their ability to sell cars at auction, increasing the number on site from 300 to 600. His understanding was that there never was an issue inside the lot, though outside on the 39th side he had issues with neighbors parking in his assigned area. His lot has provided storage for the Minnesota State Patrol, Minnesota Teen Challenge, the City’s towed vehicles for 16 years (noting that DWI-forfeiture vehicle plates have to be pulled) and Mothers Against Drunk Driving. Mr. Bahe said without lots his company will go out of business and he will do whatever he needs to do to rectify the situation, hopefully with help from the City. Mayor Schmitt inquired as to whether Mr. Bahe was the owner of the property when the CUP was approved in 2006, and he said he was. Councilmember Buesgens said the CUP authorized vehicles to be parked in the lot for repair and said it appears other vehicles are being parked in the lot for other reasons. Mr. Bahe said the other cars have been impounded on the lot until those drivers have gone to court and COVID-19 has limited his company to have auctions every six weeks, which would free up the space of about 50 vehicles. Councilmember Buesgens next inquired about the tarp fencing, and Mr. Bahe said it has been in place there since 2006. She asked whether he is looking for other places outside the City to relocate his towed vehicles, and he said not currently; she indicated it may be to his advantage to do so if his upcoming plan to request rezoning is not approved. Councilmember Novitsky said Mr. Bahe has stated that he has used the lot for non-CUP-permitted uses from day one and Councilmember Novitsky’s issue is not with the fencing but with the use of the lot. City Council Minutes July 13, 2020 Page 5 Councilmember Murzyn, Jr. asked Mr. Bahe as to how many citations he has received from 2006 to now stating CUP noncompliance; and he responded he’d received none regarding inside the lot but perhaps a few for the outside, though he’d had no problem until there was perhaps a change in City leadership. Councilmember Murzyn, Jr. said he has sympathy for the situation but if other businesses have been in compliance, then Jeff’s Bobby & Steve’s Auto World also needs to be in compliance. Mr. Bahe said he will be working to clear the lot as soon as possible. Mayor Schmitt said there were other issues last year when cars were parked at Huset Park and Unique Thrift Store, so there have been other times when there has been an excess of vehicles and so it is not just this time as a result of the COVID-19 pandemic. Anthony Cologne, interpreter for Walter Moreno of Moreno Towing & Auto Repair, said Mr. Moreno received a letter in the mail stating that all the cars he has on his lot need tabs or plates on them but some of his customers buy cars at auction and not all come with plates. He is asking the City what he can do about that, also noting that no cars are parked in the front parking lot any longer. Councilmember Murzyn, Jr. said he would like to know what violations were indicated on the letter and the City would work with him on them. Mayor Schmitt reassured them that the issue on the evening’s agenda was regarding the CUP revocation for Jeff’s Bobby & Steve’s Auto World. Planner Hammond added that she has spoken with the owner of Moreno Towing & Auto Repair and he is working on the issues in question with the tenants. She said the only thing the City asks is that owners comply with City standards. Councilmember Buesgens inquired about the fencing for Jeff’s Bobby & Steve’s Auto World. Planner Hammond said there is a chain-link fence with vinyl-coated woven fabric on the east side, what appears to be a chain-link fence with a black tarp on the south lot line, a wooden fence on the north and there is a building on the west. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to close the public hearing and waive the reading of Resolution No. 2020-54, there being ample copies available to the public. Ayes: Buesgens; Murzyn, Jr.; Novitsky; Schmitt. Abstain: Williams. Motion Carried 4-1. Attorney Hoeft said that revocation of a CUP requires written findings of what conditions are in violation and asked that the specific conditions that have not been complied with be cited in Resolution 2020-54. He identified item #1 (outdoor storage), #4 (licensed and insured vehicles), #6 (drainage), #7 (fencing) and #8 (storage, access aisles). Responding to Council’s question, Planner Hammond clarified that the front fence is 20 feet from the south property line. She said City staff did not find a grading and drainage plan on file but the area was indeed paved. Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to adopt Resolution No. 2020-54 based on noncompliance of conditions #1, #4, #6, #7 and #8, being a resolution approving the revocation of the Conditional Use Permit for the property located at 683 39th Avenue NE. Ayes: Buesgens; Murzyn, Jr.; Novitsky; Schmitt. Abstain: Williams. Motion Carried 4-0-1. Mayor Schmitt asked for clarification as to what steps will be forthcoming regarding the property since its CUP has now been revoked. City Council Minutes July 13, 2020 Page 6 Planner Hammond said there can now be no vehicles on the property waiting for repairs, no inoperable vehicles on the site and no storage of inoperable vehicles on the site. The property is identified as an industrially-zoned property and there are specific standards to be met; she said she would be happy to meet with the property owner to discuss further if he wished. 8. CITY COUNCIL AND ADMINISTRATIVE REPORTS Councilmember Buesgens attended the online League of Cities Conference; attended the City Council and Staff Goal-Setting Session and said she looked forward to its presentation; and continues to volunteer at the Lomianki Park on the Blooming Sunshine Garden, where garlic will soon be harvested, and she encouraged residents to check the postings on Facebook’s Blooming Sunshine page. Councilmember Murzyn, Jr. attended the Council’s work session. Councilmember Novitsky volunteered at the Recycling Center last Saturday and reported that multiple bags and boxes of items were recycled and anyone interested in serving would be welcome to help the Kiwanis Club there any Saturday. Mayor Schmitt listened to the CDC School Opening Guidelines webinar last Tuesday, which she said was informative and the CDC specified that they are guidelines only and every school needs to dictate its own policy. She noted that the head of the pediatric society, since closing down due to the pandemic, reported cases for child abuse have dropped 51%; but Mayor Schmitt doesn’t believe that, since children are not being seen by teachers at their schools and so children need to get back to school. Mayor Schmitt will be participating in several Zoom meetings this week and said she has been encouraged to see several City businesses reopen. Manager Bourgeois reported that the City Council and Staff Goal-Setting Session was held within the past two weeks and the facilitator has provided the draft report, which will require a few tweaks, and then he will provide a presentation to the City Council. She is working with staff on the Care’s Act funding allocation, and there will be meeting with the Council on Monday, July 20, at 2:00 pm to go over expenses to date, anticipated expenses and what to do with the remainder to provide a grant program to businesses. She said Director Chirpich is working with other Anoka County cities on creating a consistent program throughout. Manager Bourgeois is working with division heads on budget planning. ADJOURNMENT Motion by Councilmember Buesgens, seconded by Councilmember Novitsky, to adjourn. All Ayes, Motion Carried 5-0. Meeting adjourned at 7:58 pm. Respectfully Submitted, ___________________________________ Nicole Tingley, City Clerk/Council Secretary RESOLUTION NO. 2006-02 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 #2005-1201) 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: 683 - 39th Avenue NE LEGAL DESCRIPTION: Lots 6 and 7, Block 1, 2nd Subdivision of Block F, Columbia Heights Annex, Anoka County, Minnesota. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.111 (E)(3), to allow outdoor storage in an industrially zoned district. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on JanualY 3, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect ofthe proposed conditional use permit upon the health, safety, and welfal'e 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 ofthe 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 ofthis 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 (J) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS A TT ACHED: 1. The outdoor storage shall be located within the setback requirements of the I - 2, Industrial District. 2. There shall be no outdoor storage of materials located on the public right-of-way. 3. There shall be no storage of junk vehicles used for parts on the premises. 4. All vehicles stored on the premises shall be currently licensed and insured. 5. There shall be no cars for sale on the property, and customers shall not buy vehicles from the site. 6. The area used for outdoor storage shall be surfaced with a hard surface material approved by the City Engineer. A grading and drainage plan shall also be approved by the City Engineer, prior to use of the property. 7. A 6-foot tall wooden privacy fence of at least 80% opacity shall be installed along the northern property line. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall screen the remainder of the outdoor storage area. 8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 9. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 10. The privacy fence shall be placed 20 feet from the front property line. 11. There shall be no storage of materials between the fence and the front property line. Passed this 9th day of January 2006 Offered by: Diehm Seconded by: Kelzenberg Roll Call: Ayes: Peterson, Nawrocki, Diehm, Kelzenberg Abstention: Williams Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary COLUMBIA HEIGHTS CITY COUNCIL LETTER Meeting of: January 9, 2006 AGENDA SECTION: Items for Consideration NO: ORIGINATING DEPARTMENT: Community Development CITY MANAGER’S APPROVAL ITEM: Resolution 2006-02, Conditional Use Permit for outdoor storage at 683 – 39th Avenue NE. Case #2002-1201 BY: Jeff Sargent, City Planner DATE: January 5, 2006 BY: BACKGROUND: At this time, Jeff Bahe d/b/a Jeff’s Bobby and Steve’s, is requesting a Conditional Use Permit (CUP) to allow outdoor storage in an industrially zoned area located at 683 – 39th Avenue NE. Currently, Jeff’s Bobby and Steve’s utilizes a triangular piece of property just northeast the Jeff’s Bobby and Steve’s Autoworld to store customers’ vehicles that the service station works on. In an effort to help clean up the current storage site, Mr. Bahe has purchased the property at 683 – 39th Avenue NE to use for the storage of these vehicles. The triangular piece of land, located at 3827 Central Avenue requires a CUP for shared parking, which will be applied for at the February 7, 2006 Planning and Zoning Commission meeting. The attached site plan indicates that Mr. Bahe will be in full conformity with the City Code as it pertains to outdoor storage in an industrially zoned area. The proposed use is consistent with the Comprehensive Plan, as the plan dictates this area as Industrial. One concern brought up at the P+Z meeting pertained to the proposed 6-foot privacy fence to be located on the property. Upon further investigation into this matter, City Staff feels that it would be beneficial to the public if the proposed fence were placed 20 feet from the front property line. Currently there is no principal structure on the site. If there were, however, the minimum front yard setback for the building would be 20 feet. Staff feels that placing the privacy fence 20 feet from the front lot line would vastly improve sight lines for motorists entering and exiting neighboring businesses. The Planning Commission approved the site plan and recommended approval of the CUP subject to the following conditions of approval. As a result of requiring the fence to be placed 20 feet from the front property line, two (2) additional conditions of approval have been added after the P+Z meeting took place. The conditions are as follows: 1. The outdoor storage shall be located within the setback requirements of the I-2, Industrial District. 2. There shall be no outdoor storage of materials located on the public right-of-way. 3. There shall be no storage of junk vehicles used for parts on the premises. 4. All vehicles stored on the premises shall be currently licensed and insured. 5. There shall be no cars for sale on the property, and customers shall not buy vehicles from the site. 6. The area used for outdoor storage shall be surfaced with a hard surface material approved by the City Engineer. A grading and drainage plan shall also be approved by the City Engineer, prior to use of the property. 7. A 6-foot tall wooden privacy fence of at least 80% opacity shall be installed along the northern property line. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall screen the remainder of the outdoor storage area. 8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 9. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. 10. The privacy fence shall be placed 20 feet from the front property line. 11. There shall be no storage of materials between the fence and the front property line. RECOMMENDATION: The Planning Commission held a public hearing on January 3, 2006 and recommended that the City Council approve Conditional Use Permit based on the stated conditions, with a 3-0 vote. RECOMMENDED MOTIONS: Move to waive the reading of Resolution 2006-02, there being ample copies available to the public. Move to approve Resolution No. 2006-02, permitting the operation of an outdoor storage facility located at 683 – 39th Avenue NE, subject to the conditions stated in the Resolution. Attachments: Resolution No. 2006-02, Planning Report, Area Map, Survey COUNCIL ACTION: CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-1201 DATE: November 21, 2005 TO: Columbia Heights Planning Commission APPLICANT: Jeff Bahe, Jeff’s Bobby and Steve’s LOCATION: 683 – 39th Avenue NE REQUEST: Conditional Use Permit for Outdoor Storage PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Jeff Bahe d/b/a Jeff’s Bobby and Steve’s is requesting a Conditional Use Permit (CUP) to allow outdoor storage in an industrially zoned area located at 683 – 39th Avenue NE. Currently, Jeff’s Bobby and Steve’s utilizes a triangular piece of property just northeast the Jeff’s Bobby and Steve’s Autoworld to store customers’ vehicles that the service station works on. In an effort to help clean up the current storage site, Mr. Bahe has purchased the property at 683 – 39th Avenue NE to use for the storage of these vehicles. PLANNING CONSIDERATIONS Consistency with Zoning Ordinance The property located at 683 – 39th Avenue NE is zoned I-2, Industrial District, as are the properties to the east, west and south. The property to the north is a park overlay, and is the site of Huset Park. The Zoning Code at Section 9.111 (E)(3) allows for outdoor storage as a Conditional Use. The Specific Development Standards at Section 9.107 state the criteria in which the outdoor storage shall be used. These standards state the following: a) The outdoor storage area shall be accessory to a commercial or industrial use. The storage area will be accessory to Jeff’s Bobby and Steve’s Autoworld, which is a commercial use. City of Columbia Heights Planning Commission November 21, 2005 Jeff’s Bobby and Steve’s - Conditional Use Permit Case # 2005-1201 Page 2 b) Outdoor storage within the public right-of-way is prohibited. The proposed location for the outdoor storage is located fully within the property boundaries. A condition will be implemented prohibiting storage on the public right-of-way. c) All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. The setback requirements for the I-2 District are as follows: Front yard: 20 feet Side yard: 12 feet Rear yard: 24 feet The survey accompanying the CUP application indicates that these setback requirements would be met. d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. This criterion shall not apply to this site, as there is no principal structure. e) The storage area shall be fenced and screened from adjacent uses and the public right-of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six (6) feet in height and no less than 80% opaque on a year round basis. The survey accompanying the CUP application indicates that a 6-foot tall privacy fence will be erected around the perimeter of the site. The applicant has also agreed to install a wooden privacy fence at 6-feet in height on the north lot line, adjacent to Huset Park. f) All goods, materials and equipment shall be stored on an impervious surface. The survey accompanying the CUP application indicates that an impervious surface would be installed for the storage of the vehicles. A hard surface requirement for the storage area will be a condition of the CUP. g) All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. h) The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. City of Columbia Heights Planning Commission November 21, 2005 Jeff’s Bobby and Steve’s - Conditional Use Permit Case # 2005-1201 Page 3 Consistency with Comprehensive Plan The Comprehensive Plan designates the property as industrial use. The proposal is consistent with the intent of the City’s 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. Outdoor storage is specifically listed as a Conditional Use in the I-2, Industrial 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 Industrial use. 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 outdoor storage is intended for vehicles, which will be stored an adequate distance from the property line as to not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for outdoor storage for the proposed CUP would help ensure that the uses of properties in the immediate vicinity would not be diminished in any capacity. (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. Outdoor storage in an industrially zoned area would be consistent with the character of the surrounding area, which is zoned industrial to the east, west City of Columbia Heights Planning Commission November 21, 2005 Jeff’s Bobby and Steve’s - Conditional Use Permit Case # 2005-1201 Page 4 and south. The property to the north has a park overlay and is currently used as a park. The applicant has agreed to install a wooded privacy fence along the northern property line to help reduce the collateral effects that storing vehicles on this site might present. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 683 – 39th 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. The nature of outdoor storage, especially on a property with no principal structure, does not and will not generate an excess of traffic, and will not create traffic congestion. Measures will be taken to ensure that on-site circulation is provided. (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. Being that outdoor storage is allowed in the Industrial District with a CUP, it is assumed that there would be no negative cumulative effect of the proposed use on other uses in the immediate vicinity. (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. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for outdoor storage subject to conditions of approval outlined below. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for outdoor storage, 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 within the setback requirements of the I-2, Industrial District. City of Columbia Heights Planning Commission November 21, 2005 Jeff’s Bobby and Steve’s - Conditional Use Permit Case # 2005-1201 Page 5 2. There shall be no outdoor storage of materials located on the public right-of-way. 3. There shall be no storage of junk vehicles used for parts on the premises. 4. All vehicles stored on the premises shall be currently licensed and insured. 5. There shall be no cars for sale on the property, and customers shall not buy vehicles from the site. 6. The area used for outdoor storage shall be surfaced with a hard surface material approved by the City Engineer. 7. A 6-foot tall wooden privacy fence of at least 80% opacity shall be installed along the northern property line. Any type of fence allowed by City Ordinance, no less than 6 feet high and 80% opaque shall screen the remainder of the outdoor storage area. 8. All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. 9. The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. ATTACHMENTS  Draft Resolution  Location Map  Survey / Site Plan