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HomeMy WebLinkAbout20210105 Planning Commission MinutesMINUTES OF PLANNING COMMISSION JANUARY 5, 2021 6:00 PM The meeting was called to order at 6:03 pm by Chair Fiorendino. Commission Members present- Vargas, Hoium, Novitsky, and Fiorendino. Commission Members present through Zoom- Sahnow, Kaiser, and Schill Also present were Aaron Chirpich (Community Development Director), Shelley Hanson (Secretary), and Bob Kirmis from NAC Consultants. APPROVAL OF MINUTES Motion by Hoium , seconded by Novitsky, to approve the minutes from the meeting of December 1, 2020. A Roll Call vote was taken of the members. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2021-0101 APPLICANT: JEFF ENGLER/MPLS SAW CO. LOCATION: 83140T" AVENUE NE REQUEST: SITE PLAN APPROVAL Chirpich explained that Minneapolis Saw Company has submitted plans for a proposed building addition to the existing commercial structure. The expansion is needed to provide additional retail and shop space. The proposed addition is a single level L-shaped design of 1,814 square feet. 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 before issuing of a building permit. Zoning Ordinance The subject property is located in the Central Business District, as are the south and east properties. The properties located to the west and north are located in the R2B Zoning District. The use of the property is permitted under the Central Business District as retail sales. The property meets all applicable setbacks for the property under the Central Business District zone. Comprehensive Plan The Comprehensive Plan guides this area for commercial uses. The proposal for a building addition with commercial business intentions is consistent with the Comprehensive Plan's goals and intent. This project follows under the following goal of the Comprehensive Plan: Goal: Promote the reinvestment of properties in commercial and industrial sectors. Planning Commission Minutes Page 2 January 5, 2021 Design Guidelines The subject property is located within the Design Guideline Overlay District and is governed by the "Central Avenue, Central Business District" standards. The Design Guidelines intend to make the City more aesthetically appealing by requiring minimum standards for new construction along Central Avenue and 40th Avenue. The building is proposed to have stucco walls that will match/blend with the existing structure walls in color in texture with a flat roof on the new addition; the applicant is proposing two windows on the south elevation of the building. The proposed addition will match the setback of the existing building. All the proposed changes above meet the design guidelines. Parking City Code does not require off-street parking in the Central Business District Zoning. However, the site is proposing two new parking spots on the eastern portion of the site providing a total of 19 on -site parking spots. The parking stalls east of the building take direct access via a public alley. This is a legal non -conforming condition that is grandfathered in and is acceptable to remain. All of the parking stalls meet the City dimensional standards. The applicant noted that the top floor had two residential units which include a one bedroom unit and a two bedroom unit. The Central Business District does require that the applicant meet the residential parking standard which will require one parking stall per bedroom. This standard requires three parking spots. This is addressed as part of the total parking count. Signs / Landscaping There are no proposed changes to the landscaping or signage. The proposed addition meets the requirements as required by the Design Guidelines. Outdoor Storage During the site inspection of the property outdoor storage was seen around the existing garage and staff recommends the elimination of outdoor storage and that storage is limited to the existing garage and the new addition storage. FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: a. The Site Plan conforms to all applicable requirements of this article. The applicable Zoning Code requirements have been met. b. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. The Comprehensive Plan guides this area for Commercial Use. The project is consistent with the City's goal to promote growth and reinvestment in the City's commercial properties. Planning Commission Minutes Page 3 January 5, 2021 c. The Site Plan is consistent with any applicable area plan. The use is a permitted use within the Central Business district. The building addition meets the zoning requirements and Design Guidelines. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right- of-way. The use of the property is a permitted use within the Central Business District zoning. The proposed building addition enhances the building's function and appearance. The investment in the building addition adds value to the site and will not adversely impact adjoining properties. Based on the findings of this report, Staff recommends that the Planning Commission approve the Site Plan for the proposed addition to the Minneapolis Saw Company located at 831401" Ave NE, subject to certain conditions of approval. Questions/Comments from members: Hoium noted the drive aisle between the garage and the corner of the building is 16 ft 10 in. he questioned whether that was enough space, especially for an emergency vehicle. Chirpich stated it is an unusual layout but a normal drive aisle is 12 feet. He told members that the Fire Dept. had reviewed the plan and they didn't have any concerns about it. He said the building and garage were accessible from various sides so this isn't an issue. Vargas noted there is an overhang on the garage which lessens the distance and that the closest fire hydrant is at the NW corner of the site. Again, Chirpich stated that the Fire Dept did not have any issues about the plan. Sahnow asked if the addition would trigger the need to bring the property into full compliance since the parking/driveway is considered legal non -conforming at present. Chirpich explained that the non- conforming aspect cannot be expanded, however the parking/drive access is not being altered, so it is ok. He went on to state that the building itself is conforming, so the addition would be allowed. Sahnow then questioned the exterior finish on the 401" Avenue side of the addition. He noted that the proposal states that stucco or efface would be used, so the owner was asked which one they had decided to use. The owner and his architect stated they planned on using efface. Sahnow stated that efface was not an approved exterior finish per the Design Guidelines for the front of the building along 401" Avenue. He told members that stucco or stone would have to be used instead. Sahnow read the excerpt from the Design Guidelines that addresses this. Efface can be used on the rear of the building, just not on the front. Fiorendino asked the owner and his architect to come to the podium. Dennis Fahedy, Architect, said it would be difficult to match the current brick/stone look, so that is why they had planned on using the efface material. However, he and the owner agreed that if there is an issue about using efface, they can use stucco instead. Planning Commission Minutes Page 4 January 5, 2021 Public Hearing Opened. There was no one present to speak on this matter. Public Hearing Closed. Sahnow wanted to add a 41" condition to the Site Plan Approval that would restrict the use of efface along the 401" Avenue side. The other members agreed. Motion by Sahnow , seconded bySchill, to waive the reading of Resolution No. 2021-PZ01, there being ample copies available to the public. Roll Call Vote was taken. All ayes. MOTION PASSED. Motion by Hoium , seconded by Kaiser, to approve a Site Plan for the proposed building addition to be located at 831 40t" Ave NE, and subject to the following conditions: 1. The building shall meet all requirements found in the Fire Code and the Building Code. 2. The Building and Site Plans adhere to the building and site plans dated 1210112020. 3. The applicant will remove the outdoor storage and confine storage to the existing garage and the proposed building addition storage. 4. Stucco, or any other approved exterior finish per the Design Guidelines, must be used for the exterior finish for the side facing 40t" Avenue NE. A Roll Call Vote was taken: All ayes MOTION PASSED. RESOLUTION NO. 2021— PZ01 A Resolution of the Planning Commission approving a Site Plan for the proposed addition to the Minneapolis Saw Company building located at 83140th Avenue NE, Columbia Heights, MN 55421 (PIN 35-30-24-41-0031) Whereas, a proposal (Case 2021-0101) has been submitted by the Minneapolis Saw Company to the Planning Commission, requesting Site Plan Review from the City of Columbia Heights at the following site: LOCATION: 83140th Avenue NE (35-30-24-41-0031) LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Site Plan Review for an addition to the Minneapolis Saw Company building located at 83140th Ave NE, Columbia Heights, MN 55421 Planning Commission Minutes Page 5 January 5, 2021 Whereas, the Planning Commission held a public hearing as required by the City Zoning Code on January 5, 20211 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: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right- of-way. Further, be it resolved, that the attached conditions, maps, and other information shall become part of this 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. CONDITIONS: 1. The building shall meet all requirements found in the Fire Code and the Building Code. 2. The Building and Site Plans adhere to the building and site plans dated 12/01/2020. 3. The applicant will remove the outdoor storage and confine storage to the existing garage and the proposed building addition. 4. Stucco, or any other approved exterior finish per the Design Guidelines, must be used for the exterior finish for the side facing 401" Avenue NE. Passed this 5th day of January, 2021 Offered by: Hoium Seconded by: Kaiser Rob Fiorendino, Chair Roll Call: A Roll Call vote was taken Ayes: All ayes Abstain: Shelley Hanson, Secretary Planning Commission Minutes Page 6 January 5, 2021 CASE NUMBER: 2021-0102 APPLICANT: AMRISH PATEL-ROCKY'S GYM LOCATION: 700 40T" AVE REQUEST: ZONING ORDINANCE AMENDMENT & CONDITIONAL USE PERMIT Chirpich stated that Amrish Patel, on behalf of Rocky's Gym, has requested approval of a Zoning Ordinance Amendment and Conditional Use Permit to accommodate the establishment of a 24-hour "boutique gym" upon a 9,375 square foot site located at 700 40th Avenue between Monroe and Quincy Streets. The applicant plans to convert an existing 3,510 square foot building located on the site (which is presently vacant) into a health/fitness club. In this regard, the use would occupy the entire building. The site is bordered on the north by the Greater Life Church, on the south by Huset Park, on the east by a commercial use and on the west by a single-family residential home. The site is presently zoned LB, Limited Business which presently does not make an allowance for health or fitness clubs. As a result, the approval of a Zoning Ordinance amendment to allow the use in the LB District (as a conditional use) must precede action on the requested conditional use permit approval. Chirpich told members that any change would be setting precedence for all LB zoned properties. According to the applicant, the gym will focus on "one on one" training and small group classes with access to cardio and weight machines. Gym members will be able to access the gym via a key fob with 24-hour surveillance. The applicant also anticipates the offering of some unique fitness classes including yoga in the adjacent park. The applicant expects a "higher end" clientele which relies on customer service rather than volume. COMPREHENSIVE PLAN The Comprehensive Plan guides the majority of the 401" Avenue corridor, which includes the subject site, for "transitional development." In this regard, the Plan states the following: Development in this area will focus on strengthening the residential character of 40th Avenue and allow for opportunities of neighborhood retail/commercial activity (50% residential/50% commercial). Commercial/retail development will consist of a mix of neighborhood service -oriented development and varying densities of residential development. These uses will enhance the pedestrian scale and provide connection between the two commercial areas. Streetscaping and amenities will be used to provide a pedestrian focus and strengthen linkages between Central and University Avenues. ZONING ORDINANCE AMENDMENT The subject site is zoned LB, Limited Business. The purpose of the district is as follows: To provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by roadways. Planning Commission Minutes Page 7 January 5, 2021 The applicant had originally requested a rezoning of the subject site to GB, General Business to accommodate the proposed health/fitness club. Recognizing that the 401" Avenue corridor includes numerous single family residential uses and that the City's Comprehensive Plan specifically directs only neighborhood service uses, concern exists that the allowance of all uses allowed in the GB, General Business District could result in the establishment of future uses which could create significant compatibility concerns (i.e., automobile repair, carwashes, taprooms etc.). Further concern relates to the establishment of a spot zoning district which is generally considered a poor planning practice. To accommodate the proposed use, Staff recommends the processing of a Zoning Ordinance amendment which would allow health and fitness clubs of a limited size within the LB, Limited Business District as a conditional use. To align with the purpose of the LB District, it is specifically suggested that the following conditions be imposed as part of conditional use permit processing: (Chirpich reviewed all the conditions) 1. The health/fitness club shall exhibit a gross floor area no greater than 4,000 square feet. 2. The use shall be served by a minor collector or higher classification roadway. 3. To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. 4. An appropriate transition area shall be provided between the use and adjacent property by landscaping, screening or other site improvements consistent with the character of the neighborhood. 5. The parking supply requirements of Section 9.105.L(10) shall be satisfied via off-street parking or a combination of off-street parking and off -site parking. Off -site parking shall be located no more than 400 feet from the main entrance of the use being served. 6. The City Council may establish limited business hours as a means of ensuring compatibility with surrounding uses. A draft Zoning Ordinance amendment which would make an allowance for health/fitness clubs as a conditional use in the City's LB, Limited Business District was included in the agenda packet.. Chirpich again stated that approval of the Zoning Ordinance amendment should precede action on the conditional use permit as approval of the amendment establishes the mechanism necessary to accommodate the proposed use. Questions/comments from members: Fiorendino stated that right now this use is not allowed in the LB district. The City would need to approve this amendment in order to allow it. Hoium stated that community centers, recreational centers, and brew pubs are already approved uses, so he doesn't see any problem approving this. Chirpich said it is already an approved use in other zoning districts, but not in this one. The LB district is geared toward retail, office use, and service businesses. Planning Commission Minutes Page 8 January 5, 2021 Vargas stated he thinks this would be updating an old obsolete ordinance. He said times have changed and he considers this a service business which is what we want in this zoning district. Kaiser asked if Chirpich had any insght as to why this wasn't included in the LB District before. Chirpich said he didn't know as the code was written before he started working for the City. Chirpich felt this type of business would be compatible and doesn't see it as a nuisance. He said the biggest issue is the parking requirements, but he noted it is near the ramp and two churches so a joint agreement could be made to use their parking lots. Fiorendino asked the other members if anyone objected to this type of use. Schill wanted clarification —Are we changing the zoning to General Business so it is a permitted use or are we making an amendment to allow this use in a Limited Business District. Chirpich responded that this is allowing Fitness Clubs into the LB classification with a CUP. Spot zoning would not be recommended. Fiorendino stated that by approving the amendment that would require a CUP in order to operate in an LB zoned property, each future request would be handled on a case by case basis. It does not become a "permitted use". The general consensus was they agreed to the amendment. CONDITIONAL USE PERMIT 1. Access Primary access to the site is proposed from the north via 401" Avenue. A secondary access from the south via an existing alley is also proposed. To be noted is that the proposed access from 401" Avenue is a one-way route, a result of angled parking stalls which are proposed along the western boundary of the site. Thus, business patrons will need to exit the site via the alley to the south. 2. Off -Street Parking Parking Supply. The submitted site plan illustrates a total of 14 off-street parking stalls. The Zoning Ordinance does not include a specific off-street parking supply requirement for health/fitness clubs. Rather, the Ordinance states that supply requirements are to be determined by Staff. So NAC Consultants did an analysis and according to a reference document entitled Parking Generation by the Institute of Transportation Engineers, a parking supply ratio of 5.9 spaces for each 1,000 gross square feet of floor area is recommended. Using this standard, a total of 21 spaces would be required of the proposed gym (5.9 x 3.51 gsf = 20.7 spaces). In this regard, a parking supply deficit of 7 spaces exists. Planning Commission Minutes Page 9 January 5, 2021 While plans exist to improve 401" Avenue and provide on -street parking opportunities at a future point, no off-street parking spaces presently exist adjacent to the subject site. To address the parking supply deficit issue, it is recommended that the applicant demonstrate an ability to provide 21 off-street parking stalls should the need arise (as proof of parking). The Zoning Ordinance makes an allowance for off -site parking for commercial uses provided such parking area is located no more than 400 feet from the main entrance of the use being served. In this regard, it is recommended that the applicant pursue an off -site parking agreement with the Greater Life Church located directly north of the subject site. The City would require a written agreement be filed with Anoka County in order to memorialize it. Parking Area Setbacks. Within LB zoning districts, the following parking area setbacks are imposed: Front Yard: 12 feet Side Yard: 5 feet Rear Yard 5 feet Existing parking areas upon the subject site extend to all lot lines. In this regard, the existing parking area is considered a legally non -conforming condition as it fails to meet the City's current parking area setback requirements. Staff made some adjustments to the owner's proposal so that vehicles would enter off 401" Avenue and park diagonally toward the building and then exit to the alley. This would eliminate less headlight glare on the residential property to the west if parking were allowed facing the fence. Parking Stall Dimensions. According to the Ordinance, parking stalls must measure not less than 9' x 20' in size. While the proposed parking stalls illustrate the proper 9-foot width, they are shown to measure only 18 feet in depth. In this regard, the illustrated stall depths should be increased to 20 feet. To be recognized is that with such change, a drive aisle width of only 12 feet will remain. While functional for smaller and mid -size vehicles, such dimensions are expected to be problematic for larger vehicles such as full-size pick-up trucks. Disabled Parking. According to the American Disability Act, one accessible parking space must be provided for parking facilities having 1 to 25 stalls. Therefore, as a condition of site plan approval, it is recommended that one off-street parking space be provided and so designated for use by disabled persons. 3. Business Hours As previously indicated, the subject site is bordered on the west by a single-family home. Recognizing that the applicant has proposed a 24-hour business operation, concern exists that nighttime activities could negatively impact the adjacent single family residential use. Of specific concern is headlight glare and vehicle noise. etc. In this regard, the Planning Commission should provide specific recommendation related to the acceptability of the proposed 24-hour business operation and the need to limit business hours. Chirpich told members he had received feedback from two parties opposing the proposal. One was included in the agenda packet and he read the other one to the members. Planning Commission Minutes Page 10 January 5, 2021 4. Landscaping / Screening No new landscaping has been proposed upon this subject site. Considering that the entire site is hard - surfaced, landscaping opportunities are extremely limited. Presently, a fence exists along with west property line of the site to screen commercial activities from the neighboring residential use. If the City determines that the proposed 24-hour business operation is acceptable, it is suggested that steps be taken to minimize impacts. In this regard, consideration should be given to relocating the proposed angled parking stalls along the west facade of the building in a manner similar to that illustrated below such that the parking area drive aisle is located along the west property line and vehicle headlights face east (rather than west). AVE S. Design Guidelines The subject site lies within the 40th Avenue Design District of the City's Design Guidelines. Considering that the applicant intends to utilize an existing building with no physical exterior modifications, most of the design recommendations of the Design Guidelines are not considered applicable. Primary changes to the exterior are considered cosmetic in nature. In this regard, the following changes are proposed: Planning Commission Minutes Page 11 January 5, 2021 • Exterior color change to black • New wall signage • A mural on the west facade of the building To be noted is that the Design Guidelines do provide recommendations related to building color. In this regard, the Design Guides state the following: Building colors should accent, blend with, or complement surroundings. Principal building colors should consist of subtle, neutral or muted colors with low reflectance (e.g., browns, grays, tans, dark or muted greens, blues and reds). "Warmtoned" colors are encouraged because of their year-round appeal. No more than two principal colors may be used on a facade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. As indicated above, the Design Guidelines suggest subtle, neutral or muted colors with low reflectance (e.g., browns, grays, tans, dark or muted greens, blues and reds). Further, the Guidelines make an allowance for building murals such as that proposed by the applicant. It is the opinion of Staff that the proposed building color (black) is "warm -toned" as referenced in the Design Guidelines. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines certain findings of fact that must be met in order for the City to approve 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. Upon approval of the Zoning Ordinance amendment, the proposed use shall be considered a permitted conditional use in the LB, Limited Business District. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. With conditions imposed to endure compatibility, the use will be in harmony with the purpose of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. With conditions imposed to ensure compatibility, the use will 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 use will not substantially diminish the use of property in the immediate vicinity. Planning Commission Minutes Page 12 January 5, 2021 (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. The use will be compatible with the appearance of the existing or intended character of the surrounding area. (fJ The use and property upon which the use is located are adequately served by essential public facilities and services. The use and property upon which the use is located is adequately served by essential public facilities and services. (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. Traffic generated by the proposed use is within the capabilities of 401" Avenue which serves the subject property. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. The use will not have a negative cumulative effect upon uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. As a condition of conditional use permit approval, the use must comply with applicable Zoning Ordinance regulations. RECOMMENDATION Staff recommends that the Planning Commission recommend the following to the City Council: A. Approval of a Zoning Ordinance amendment which makes an allowance for health/fitness clubs which do not exceed 4,000 square feet in size (gross floor area) as a conditional use in the City's LB, Limited Business District. B. Approval of the Conditional Use Permit for property at 700 40t" Avenue (PID 35-30-24-41-0147) subject to certain conditions. Questions/comments from members: Fiorendino asked if the signage depicted on the drawing was the appropriate size. He said he thought it looked large. Chirpich said the signage had not been analyzed yet, nor have any plans been submitted. He said staff would make sure the signage is compliant if this moves forward. Planning Commission Minutes Page 13 January 5, 2021 Hoium noted that the curb cut off 401" Avenue shown on the picture of the site would interfere with the staff's proposed parking plan along the side of the building. Chirpich stated staff would take another look at that and a couple of the parking spaces may have to be moved back. Hoium said that most of the customers would probably use the street parking along 401" Avenue which could be a problem for the residences to the west. Novitsky also was concerned this may be a problem. Chirpich stated this is the primary problem for the LB District. He was asked whether a sign could be installed designating the street as residential parking only. Chirpich stated that would be something that would need to be addressed by Anoka County and the Traffic Commission. Chirpich stated that the curb cut can't be changed since this is on a County Road. He also said that changes are planned for 401" Avenue to make it more pedestrian friendly which may restrict on street parking. Fiorendino asked if we can require a condition that they put up a sign directing customers to park in the rear. Sahnow favors staff's parking plan and suggested a change to the rear parking. He also thinks the fence on the west side needs replacing. He said it could possibly be more opaque and sturdy. He asked if we could make it a condition to replace it. There was a discussion regarding this since the fence possibly belongs to the homeowner to the west. Fiorendino asked the other members if they had any issue with the business being open 24 hours. Novitsky thought the hours should be restricted -not open all night since it is next to residential area. Fiorendino agreed with that. Kaiser also agreed it should be restricted and close by midnight. He said this district is all about compromise of blending businesses and residential use and this provides that. Sahnow and Schill also agreed with this concept. Hoium didn't see a reason to restrict the hours. He didn't feel many would access the facility during the middle of the night anyways. Vargas agreed with Hoium. Amrish and Jeri Patel (3721 2 % St) are the applicants. They responded to the members main concern regarding parking. They expect that nearby residents will walk or bike to the facility. They are willing to put up signs telling customers where they can park. The Patel's said they spoke to church representatives and will get an agreement in place. They are somewhat flexible with the 24 hours of operation request. He explained there probably wouldn't be many that use the facility late at night. Mr Patel said they wouldn't staff the facility at night —that members would use their key fob for access and that security cameras would be in place. Mr Patel told members that he has not talked to the neighbor yet, but he is willing to do so and to replace the fence if the neighbor would be ok with that. He said he can't see that noise would be an issue as most people use their own headphones while working out so no loud music would be played. He said if issues arise being open 24 hours, they could adjust that. Mr Patel asked if there are other gyms that are open 24 hours in Columbia Heights. Chirpich said yes, but they are in different zoning districts. Fiorendino told the Patels that if they object to the restricted hours, they should go to the City Council and make their case as they have the final say in this matter. Planning Commission Minutes Page 14 January 5, 2021 Chirpich explained it is hard to come back and impose conditions on a CUP after it has been approved. He told members the hours of operation have to be decided now, that we can't change that later. Vargas asked if we could add a condition that the CUP would be revoked if the Police are called for a specified number of calls. Chirpich said that may be difficult to enforce. Sahnow wants to add a condition to upgrade the fence. Kaiser asked how we can do this as we shouldn't force the residential neighbor to upgrade the fence if it is theirs. The consultant Planner, Bob Kirmis, stated it can be documented as a condition in a general manner that they try to work together to make an improvement to the fence if both parties agree. This way it is documented that the commission was concerned this may be an issue and that the subject was discussed. Public Hearing Opened. No one was present to speak further on this matter. Public Hearing Closed. Motion by Hoium , seconded by Kaiser, to waive the reading of Ordinance No. 1663, there being ample copies available to the public. Roll Call vote was taken. All ayes. MOTION PASSED. Motion by Hoium , seconded by Schill , to recommend that the City Council approve Ordinance No. 1663, as presented. Roll Call Vote was taken. Ayes- All ayes Nays - MOTION PASSED. This will go to the City Council for the first reading January 11tn ORDINANCE NO. 1663 AN ORDINANCE AMENDING CHAPTER 9.110 OF THE CITY CODE OF 2001 TO ESTABLISH HEALTH/FITNESS CLUBS NOT EXCEEDING 4,000 SQUARE FEET IN AREA AS A CONDITIONAL USE IN THE CITY'S LB, LIMITED BUSINESS ZONING DISTRICT The City of Columbia Heights does ordain: Section 1 9.110 (D)(3) of the City Code of 2001 is hereby amended to read as follows, to wit: Planning Commission Minutes Page 15 January 5, 2021 (2) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § c 104 Administration and Enforcement, and the regulations for specific uses set forth in § 9, Q7, Specific Development Standards: (a) School, vocational or business. (b) School, performing/visual/martial arts. (c) Licensed day care facility, child or adult. (d) Government maintenance facility. (e) State licensed residential care facility. (f) Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing. (g) Bed and breakfast home, when accessory to a single-family dwelling. (h) Community center. (i) Recreational facility, indoor. (j) Recreational facility, outdoor. (k) Single-family dwelling, when accessory to a commercial use. (1) Food service, limited (coffee shop/deli). (m) Hospital. (n) Museum/gallery. (o) Retail sales, not exceeding 2,500 square feet in area. (p) Hotel or motel. (q) Fences greater than six feet in height. (r) Brewer taproom, not exceeding 2,000 barrels of malt liquor a year. (s) Brew pub, not exceeding 2,000 barrels of malt liquor a year. (t) Health/fitness clubs➢ not exceeding 4y000 dross square feet in area. Section 2 9.107 of the City Code of 2001 (Specific Development Standards) is hereby amended to add the following, to wit: Health/fitness clubs in LB, Limited Business Districts. (a) The health/fitness club shall not exceed 4,000 gross square feet in area. (b) The use shall be served by a minor collector or higher classification roadway. (c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. Planning Commission Minutes Page 16 January 5, 2021 (d) An appropriate transition area shall be provided between the use and adjacent property by landscaping, screening or other site improvements consistent with the character of the neighborhood. (e) The parking supply requirements of Section 9.105.L(10) shall be satisfied via off-street parking or a combination of off-street parking and off -site parking. Off -site parking shall be located no more than 400 feet from the main entrance of the use being served. (f) The City Council may establish limited business hours as a means of ensuring compatibility with surrounding uses. Section 3 9.107 of the City Code of 2001 (Specific Development Standards) is hereby amended such that the "health/fitness clubs" conditional use referenced in Section 2 above is inserted into the Section in alphabetical order. Motion by Hoium , seconded by Kaiser, to waive the reading of Resolution 2021-XX, there being ample copies available to the public. Roll call vote was taken. All Ayes. MOTION PASSED. Motion by Kaiser, seconded by Vargas, to recommend that the City Council approve Resolution 2021-XX, a resolution approving the conditional use permit as presented, subject to the following conditions: 1. Business hours, deemed appropriate by the City Council to ensure land use compatibility, shall be established. Said hours have been determined by the Council to be 5:00 a.m. to Midnight. 2. The applicant shall provide 21 off-street parking stalls for the proposed use. The required off -site parking stalls shall be secured with a shared parking agreement. This legally binding contract shall be reviewed by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the conditional use permit. 3. Illustrated off-street parking stall depths shall be increased from 18 feet to 20 feet in depth. 4. One off-street parking space shall be provided and so designated for use by disabled persons. 5. To minimize negative impacts upon the adjacent single-family home to the west, consideration be given to relocating the proposed angled parking stalls along the west facade of the building such that the parking area drive aisle is located along the west property line and vehicle headlights face east (rather than west). 6. The use of black as a primary building color is approved. 7. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 8. Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 9. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 10. All exterior lighting shall be downcast with a shielded light source as not to adversely impact neighboring residential properties. Planning Commission Minutes Page 17 January 5, 2020 11. All new site signage shall be subject to sign permit. 12. The site and elevation plans included in this submittal, shall become part of this approval. 13. The applicant will work with the owner of the residential property to the west to improve the fencing to provide better screening between the properties. A Roll Call vote was taken. Ayes- All ayes. Nays - The following Resolution will go before the City Council at the January 1 lth meeting. RESOLUTION NO. 2021-XX A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a Health/Fitness Club not exceeding 4,000 square feet in area to be located at 700 40th Avenue NE. Whereas, a proposal (Case #2021-0102) has been submitted by Amrish Patel to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 700 40th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.110 (D) (3) (2) (t), to allow a Health/Fitness Club not exceeding 4,000 square feet in area to be located in the Limited Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on January 5, 2021; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning 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; 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: FINDINGS OF FACT (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. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. Planning Commission Minutes Page 18 January 5, 2021 (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (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. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (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. (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the districts in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use 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. The Conditional Use Permit is 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: CONDITIONS 1. Business hours, deemed appropriate by the City Council to ensure land use compatibility, shall be established. Said hours have been determined by the Council to be 5:00 a.m. to Midnight. 2. The applicant shall provide 21 off-street parking stalls for the proposed use. The required off -site parking stalls shall be secured with a shared parking agreement. This legally binding contract shall be reviewed by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the conditional use permit. 3. Illustrated off-street parking stall depths shall be increased from 18 feet to 20 feet in depth. 4. One off-street parking space shall be provided and so designated for use by disabled persons. 5. To minimize negative impacts upon the adjacent single-family home to the west, consideration be given to relocating the proposed angled parking stalls along the west facade of the building such that the parking area drive aisle is located along the west property line and vehicle headlights face east (rather than west). 6. The use of black as a primary building color is approved. 7. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 8. Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. 9. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 10. All exterior lighting shall be downcast with a shielded light source as not to adversely impact neighboring residential properties. 11. All new site signage shall be subject to sign permit. Planning Commission Minutes Page 19 January 5, 2021 12. The site and elevation plans included in this submittal, shall become part of this approval. 13. The applicant will work with the owner of the residential property to the west to improve the fencing to provide better screening between the properties. OTHER BUSINESS The next scheduled meeting is Tuesday, February 2, 2021 at 6 pm. Chirpich told members there is one case for a minor subdivision that will be considered at this meeting. The meeting was adjourned at 7:32 pm. Respectfully submitted, Shelley Hanson Secretary