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