HomeMy WebLinkAbout12-03-19 Planning Commission Packet
Planning Commission Meeting
December 3rd, 2019
6:00 p.m.
Columbia Heights City Hall
590 40th Avenue NE
Columbia Heights, MN 55421
20191203_PC_Agenda
1. Call to Order and Roll Call
2. Approve Minutes
a. Approval of October 1st, 2019 Planning Commission meeting minutes.
3. Other Business
a. Acquisition of 230 40th Avenue NE – Resolution 2019-PZ05
4. Other Business
b. Our next Planning Commission meeting will be on Tuesday January 7th, at 6:00 p.m.
7. Adjourn
MINUTES OF
PLANNING COMMISSION
OCTOBER 1, 2019
6:00 PM
The meeting was called to order at 6:00 pm by Chair Szurek.
Commission Members present- Novitsky, Hoium, Schill, Kaiser, and Szurek.
Members Absent: Fiorendino and Sahnow
Also present were Elizabeth Hammond (Planner), Shelley Hanson (Secretary), and John Murzyn (Council
Liaison).
APPROVAL OF MINUTES
Motion by Schill, seconded by Kaiser, to approve the minutes from the meeting of September 4, 2019. All ayes.
MOTION PASSED.
CASE #: 2019-1001
APPLICANT: Tapia Investments LLC
LOCATION: 4230 Central Ave NE
REQUEST: Zoning Amendment-rezoning
Hammond explained that Pedro and Amanda Tapia, of Tapia Investments, LLC are requesting to rezone their
property located at 4230 Central Avenue NE. The property is currently zoned Limited Business Commercial,
and the property owners are requesting to change the designation to General Business Commercial. This
zoning change would allow the property to accommodate additional types of uses in the future. Currently with
the Limited Business classification, the owners are limited to certain types of uses for the site, whereas
changing this designation would open up the property to additional types of businesses, and be beneficial for
the owners in keeping the space fully leased. Attached for your consideration is the list of permitted and
conditional uses for the limited and general business zoning districts.
ZONING ORDINANCE
The subject property is located in the Limited Business Zoning District, as are t he properties to the north. The
properties to the south and east are located in the General Business District. The properties to the west are
located in the R2A Residential District.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this property for commercial uses. The rezoning request would open the
property up to additional commercial uses in the future. The request is in line with the overall future land use
designation for the corridor and is consistent with the City’s Comprehensive Plan.
FINDINGS OF FACT
Hammond said that Section 9.104(F) (5) requires four findings of fact to be made when a zoning amendment
petition is made. The findings of fact are as follows:
(a) The amendment is consistent with the Comprehensive Plan
This is correct. The property is guided for commercial uses.
Planning Minutes
Page 2
Oct 1, 2019
(b) The amendment is in the public interest and is not solely for the benefit of a single property owner.
This is correct. The proposed rezoning would allow for a wider variety of business to be located on the
property, strengthening the commercial corridor and vitality along Central Avenue.
(c) Where the amendment is to change the zoning classification of a particular property, the existing use
of the property and the zoning classification of property within the general area of the property in question
are compatible with the proposed zoning classification.
This is correct. The majority of the surrounding property is already zoned General Business. The exception is
the properties on the block to the west, which are zoned R2A Residential, and the properties to the north
which are zoned Limited Business.
(d) Where the amendment is to change the zoning classification of a particular property, there has been a
change in the character or trend of development in the general area of the property in question, which has
taken place since such property was placed in its current zoning classification.
In 2014, the Planning Commission and City Council approved the rezoning of the property immediately to
the south, to General Business. The applicant has included the meeting minutes for your reference. This
property shares a boundary with the subject property and the structure itself is actually built over the
property line, where the two properties share a wall. It makes sense to rezone this parcel as well, to be
consistent with the types of uses allowed in the southern portion of the building.
Additionally, the trend of development and redevelopment along Central Avenue has historically promo ted
Central Avenue as the main commercial corridor for Columbia Heights. The Limited Business zoning
classification is can be restrictive, whereas, the General Business district would allow the types of uses that
are compatible with the majority of Central Avenue.
Staff recommends that the Planning Commission recommend approval of the proposed rezoning of the
property located at 4230 Central Avenue NE.
Questions/comments from members:
Hoium questioned whether the new business located at this site is an allowed use in the Limited Business
zoning district. He is concerned with the number of massage businesses locating in our city. Hammond
explained that it is an allowed use in both the Limited Business and General Business zoning districts. She told
members that the applicant is requesting the re-zoning to make it consistent with the south building that went
through this process a couple years ago. It will make the property available to more business options so he
can fill the vacancies. Hammond stated that it is consistent with the goals detailed in our Comprehensive Plan.
Szurek asked if he can put anything he wants in the building. Hammond said it would depend on what type of
business it is. The applicant knows he must check with the City to ensure it is a permitted use and must also
abide by any building code requirements.
Planning Minutes
Page 3
Oct 1, 2019
Public Hearing was opened:
There was no one present to speak on this matter.
Public Hearing was closed.
Motion by Kaiser, seconded by Hoium, to waive the reading of Resolution No. 2019-75, there being ample
copies available to the public. All ayes. MOTION PASSED.
Motion by Kaiser , seconded by Hoium , that the Planning and Zoning Commission recommends the City Council
approve Resolution No. 2019-75, rezoning the property located at 4230 Central Avenue NE from ‘Limited
Business’ to ‘General Business’. All ayes. MOTION PASSED.
The following Resolution will go to the City Council at the October 14, 2019 meeting.
RESOLUTION NO. 2019-75
A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Zoning
Amendment for the property located at 4230 Central Avenue NE.
Whereas, a proposal (Case # 2019-1001) has been submitted by Tapia Investments, LLC to the City Council
requesting a Zoning Amendment from the City of Columbia Heights at the following site:
ADDRESS: 4230 Central Avenue NE, Columbia Heights, MN 55421 (PID: 35-30-24-14-0075)
LEGAL DESCRIPTION: On file at City Hall.
REQUEST: Zoning Amendment (Rezoning)
Whereas, the Planning Commission held a public hearing as required by the City’s Zoning Code on October 1,
2019;
Whereas, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed Rezoning upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air,
danger of fire, and risk to public safety in the surrounding areas;
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of the City of Columbia Heights makes the following:
Planning Minutes
Page 4
Oct 1, 2019
FINDINGS OF FACT
(a) The amendment is consistent with the Comprehensive Plan
(b) The amendment is in the public interest and is not solely for the benefit of a single property owner.
(c)) Where the amendment is to change the zoning classification of a particular property, the existing use
of the property and the zoning classification of property within the general area of the property in question
are compatible with the proposed zoning classification.
(d) Where the amendment is to change the zoning classification of a particular property, there has been a
change in the character or trend of development in the general area of the property in question, which has
taken place since such property was placed in its current zoning classification.
Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia
Heights, the City Council of the City of Columbia Heights hereby rezones the property at 4230 Central Avenue
NE to “General Business”.
CASE #: 2019-1002
APPLICANT: We Fix Everything
LOCATION: 4435 Central Avenue NE
REQUEST: Site Plan Review
Hammond stated that We Fix Everything has submitted plans on behalf of Pepe’s Multiservicios for a proposed
attached accessory structure (garage) to be located on the subject property. The proposed garage is 912
square feet. The site plan indicates that the proposed accessory structure will be accessed off the existing
entry point to the parcel, which is on Central Avenue NE. The garage meets the City’s Zoning Code
requirements for setbacks and height. The Section 9.104 (N) of the Zoning Ordinance requires that all new
plans for development other than one and two family residences, be reviewed and approved by the Planning
Commission prior to the issuance of a building permit.
ZONING ORDINANCE
The subject property is located in the General Business Zoning District, as are the properties to the north and
south. The properties to the west are located in the R2A Residential Zoning District. The properties to the east
are located in the R2A Residential and R2B Residential Zoning District.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for commercial uses. The proposal for a new garage associated with
the commercial business is consistent with the goals and intent of the Comprehensive Plan.
DESIGN GUIDELINES
The subject property is located within the Design Guideline Overlay District, and is g overned by the “Central
Avenue, Highway District” standards within the Design Guidelines. The intent of the Design Guidelines is to
make the City more aesthetically appealing, by requiring a set of minimum standards for new construction
along Central Avenue and 40th Avenue.
Planning Minutes
Page 5
Oct 1, 2019
Much of the guidelines do not apply to this proposal as the gu idelines are intended for the principal structure
and use on the property. In this case the applicant is simply proposing to build the garage on the property for
storage associated with the business which is operated out of the primary structure and existing detached
garage on the parcel. The proposal will allow for the vehicles currently parked in this location to be enclosed.
The building is proposed to have steel siding with a pitched asphalt roof. The applicant is proposing two
windows on the south elevation of the building. There are no proposed changes to the site’s parking layout,
landscaping or signage. Due to the property being located in the Design Guidelines and the visibility off Central
Avenue, staff has added a condition that the materials of the siding be changed to match the existing
structures on the property, which are stucco. Additionally, staff added conditions that two trees be planted on
the southwestern corner of the property and that signage complies with City Sign Code regulations.
FINDINGS OF FACT
Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City
to approve a Site Plan. They are as follows:
a. The Site Plan conforms to all applicable requirements of this article.
This is correct. The applicable Zoning Code requirements are achieved.
b. The Site Plan is consistent with the applicable provisions of the City’s Comprehensive Plan.
The Comprehensive Plan guides this area for Commercial Uses. Staff believes the proposed Site Pl an for the
property is consistent with the intent of the Comprehensive Plan.
c. The Site Plan is consistent with any applicable area plan.
This is correct.
d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public r ight-
of-way.
The proposed Site Plan meets all the development standards outlined in the Zoning Code and will be required
to meet Design Guidelines outlined previously. The applicant isn’t proposing to use the parcel in a different
manner than used previously; therefore, the properties in the immediate vicinity of the proposed garage should
not be adversely impacted. The loading and unloading of product will now be screened from adjacent
properties, minimizing further any impact on adjacent property.
Staff recommends approval of the Site Plan for the proposed attached accessory structure to be located at
4435 Central Avenue NE, subject to certain conditions of approval.
Planning Minutes
Page 6
Oct 1, 2019
Questions/comments from members:
Hoium asked if the existing garage shown on the site plan is part of this property. Hammond said it was. He is
concerned that the request is for vehicle storage and that the applicant would be using this site for auto
repair, (this assumption was partly due to the name of the applicant “We Fix Everything”). Hammond stated
that the applicant is aware that auto repair is not an allowed use. Properties along Central Avenue would
need at least an acre in order to have an auto related business, and this site is not that large. She said the
applicant is actually the contractor who submitted the request on behalf of the owner, Jose, who runs “Pepe
Multi Services” business out of this location. Hammond explained that Pepe’s gathers merchandise tha t is
shipped to other countries.
Szurek asked if the existing garage would be removed. Hammond told them no. The proposed garage will be
added onto the back of the house and will be used to house their vehicles as the other garage is used for
storage of the merchandise. Szurek then asked about their signage. Hammond stated they have a monument
sign , anothersign on the front of their building, as well as one on the fence. She said staff would be working
with the owner to bring them into compliance as part of this process and signage is addressed in condition
number 6.
Hammond told members that staff will be addressing sign violations along Central and 40 th Avenue over the
next few months as several businesses are non-compliant.
Public Hearing Opened.
The applicant was asked if the owner also lives in this property and he said they do not, it is used strictly for
business purposes.
Public Hearing Closed.
Motion by Hoium, seconded by Novitsky, to waive the reading of Resolution No. 2019-PZ04, there being ample
copies available to the public. All ayes. MOTION PASSED.
Motion by Schill, seconded by Kaiser, to approve Resolution No. 2019- PZ04, being a resolution approving a Site
Plan for the proposed accessory structure to be located at 4435 Central Avenue and subject to the following
conditions:
1. The building and site shall be meet all requirements found in the Fire Code and the Building Code.
2. Storm water runoff from the new garage must be directed to street. Storm water runoff cannot be
directed onto adjacent properties.
3. The proposed steel siding is not permitted and shall be changed to stucco to match existing structures
on the property. The elevation plans must be updated to show stucco as the siding materials, prior to
the issuance of a building permit.
4. The Building Plans need to be signed by a licensed design professional and approved by the Building
Official, prior to the issuance of a Building Permit.
Planning Minutes
Page 7
Oct 1, 2019
5. All other applicable local, state, and federal requirements shall be met at all times.
6. Signage on the property must comply with City Sign Code regulations. The signage on the balcony
fencing shall be removed.
7. Two trees shall be planted on the southwestern corner of the property. The trees shall be at least 5 feet
from the western and southern property line. The applicant will see the City Forester to determine what
kind of tree will be planted. The tree will be planted within six (6) months of the project being complete.
All ayes. MOTION PASSED.
RESOLUTION NO. 2019 – PZ04
A Resolution of the Planning Commission approving a Site Plan for the construction of an attached
accessory structure on the property located at 4435 Central Avenue NE.
Whereas, a proposal (Case #2019-1002) has been submitted by We Fix Everything to the Planning
Commission, requesting Site Plan approval from the City of Columbia Heights at the following site:
LOCATION: 4435 Central Avenue NE, Columbia Heights MN 55421 (PID 36-30-24-22-0043)
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of an attached
accessory structure to be located on the subject property
Whereas, the Planning Commission held a public hearing as required by the C ity Zoning Code on October 1,
2019;
Whereas, the Planning Commission has considered the advice and recommendations of City staff regarding
the effect of the proposed Site Plan upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air,
danger of fire, and risk to public safety in the surrounding areas;
Now, therefore, be it resolved, the Planning Commission of the City of Columbia Heights after reviewing the
proposal, accepts and adopts the following findings:
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.
Planning Minutes
Page 8
Oct 1, 2019
CONDITIONS
1. The building and site shall be meet all requirements found in the Fire Code and the Building Code.
2. Storm water runoff from the new garage must be directed to street. Storm water runoff cannot be
directed onto adjacent properties.
3. The proposed steel siding is not permitted and shall be changed to stucco to match existing structures
on the property. The elevation plans must be updated to show stucco as the siding materials, prior to
the issuance of a building permit.
4. The Building Plans need to be signed by a licensed design professional and approved by the Building
Official, prior to the issuance of a Building Permit.
5. All other applicable local, state, and federal requirements shall be met at all times.
6. Signage on the property must comply with City Sign Code regulations. The signage on the balcony
fencing shall be removed.
7. Two trees shall be planted on the southwestern corner of the property. The trees shall be at least 5
feet from the western and southern property line. The applicant will work with the City Forester to
determine what kind of trees will be planted. The trees will be planted within six (6) months of the
project being complete.
Passed this 1st day of October, 2019
Offered by: Schill ______________________________
Seconded by: Kaiser Marlaine Szurek, Chair
Roll Call: All Ayes
Ayes:
Abstain:
____________________________________
Shelley Hanson, Secretary
CASE #: 2019-1003 CASE WITHDRAWN
APPLICANT: Mike Zipper LLC
LOCATION: 1601 37th Avenue NE
REQUEST: Conditional Use Permit
Planning Minutes
Page 9
Oct 1, 2019
OTHER BUSINESS
Hammond shared the 2020 Planning Commission schedule with the members.
The next regular meeting will be Tuesday, November 5, 2019.
Motion by Schill, seconded by Novitsky, to adjourn the meeting at 6:30 pm.
Respectfully submitted,
Shelley Hanson
Secretary
CITY OF COLUMBIA HEIGHTS
PLANNING AND ZONING COMMISSION
PLANNING REPORT
230 40th Avenue NE, Columbia Heights, MN 55421
CASE NUMBER: N/A
DATE: December 3, 2019
TO: Columbia Heights Planning and Zoning Commission
APPLICANT: N/A
DEVELOPMENT: N/A
LOCATION: 230 40th Ave NE, Columbia Heights, MN 55421
REQUEST: Review the Proposed Acquisition of 230 40th Ave NE, and Determine if
it Conforms to the Comprehensive Plan – Resolution 2019-PZ05
PREPARED BY: Mitchell Forney, Community Development Coordinator
INTRODUCTION
In July 2017, the Columbia Heights Economic Development Authority (the “EDA”) initiated the
Commercial Revitalization Program (the “Program”) with the approval of EDA Resolution 2017-
18, a program which was created to revitalize the commercial corridors throughout the City of
Columbia Heights (the “City”), specifically through the acquisition of properties identified as
nonconforming under the current zoning code of the City. Nonconforming properties acquired
through the Program are held for the purposes of eventual redevelopment. However, pursuant
to State Statue, Section 462.356, Subdivision 2, the Planning and Zoning Commission (the
“Planning Commission”) in and for the City is required to review and ultimately determine that
the proposed acquisition of real property conforms to t he Comprehensive Plan of the City.
Therefore, the EDA has requested that the Planning Commission review the acquisition of 230
40th Avenue NE, Columbia Heights, MN 55421 (the “Subject Property”) to determine if its
acquisition conforms to the Comprehensive Plan of the City.
COMPREHENSIVE PLAN
The proposed acquisition of the Subject Property responds to several goals and policies
adopted in the Comprehensive Plan of the City, specifically in Chapter 2: Land Use and Chapter
4: Economic Development. Below are the specific goals and policies from the Comprehensive
Plan that directly and indirectly correlate to the conformity of the proposed acquisition.
City of Columbia Heights December 3, 2019
Planning Report Page 2
LAND USE AND REDEVELOPMENT
Goal: Preserve and enhance the existing viable commercial and industrial areas within the
community.
Goal: Provide mechanisms for successful redevelopment of vacant lands and targeted
areas within the community.
ECONOMIC DEVELOPMENT
Goal: Enhance the economic viability of the community.
1. Encourage the continuation and enhancement of existing industries within the
community.
2. Rehabilitate, or where necessary, redevelop substandard and/or functionally obsolete
commercial development through private means or, if necessary, public means.
Goal: Promote reinvestment in properties by the commercial and industrial sectors.
2. Encourage existing industries and businesses to expand within the community.
4. Promote high quality development and redevelopment opportunities within the
community.
RECOMMENDATION
Motion: Move to adopt Resolution 2019-PZ05, a resolution finding that the proposed
acquisition of certain land for redevelopment purposes by the Columbia Heights Economic
Development Authority is consistent with the City of Columbia Heights’ Comprehensive Plan.
ATTACHMENTS
1. Location Map (1 Page)
2. Resolution 2019-PZ05 (2 Pages)
230 40th Ave NE
November 8, 2019
0 110 22055 ft
0 30 6015 m
1:1,200
Disclaimer: Map and parcel data are believed to be accurate, but accuracy is not guaranteed. This is not a legal document and should not be substituted for a title search,appraisal, survey, or for zoning verification.
RESOLUTION NO. 2019-PZ05
A RESOLUTION FINDING THAT THE PROPOSED ACQUISITION OF CERTAIN
LAND FOR REDEVELOPMENT PURPOSES BY THE COLUMBIA HEIGHTS
ECONOMIC DEVELOPMENT AUTHORITY IS CONSISTENT WITH THE CITY OF
COLUMBIA HEIGHTS’ COMPREHENSIVE PLAN.
WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”)
proposes to purchase certain property (the “Property”) located at 230 40th Avenue NE in the City
of Columbia Heights (the “City”) and described on the attached Exhibit A, for the purposes of
eventual redevelopment; and
WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City Planning and
Zoning Commission to review the proposed acquisition or disposal of publicly-owned real
property within the City prior to its acquisition or disposal, to determine whether in the opinion
of the Planning and Zoning Commission, such acquisition or disposal is consistent with the
comprehensive municipal plan; and
WHEREAS, the Planning and Zoning Commission has reviewed the proposed acquisition of the
Property, and has determined that the Property is located in an area of the City designated for
transitional development within the City’s comprehensive plan, that the Authority’s purpose is to
redevelop the Property consistent with this use, and that the proposed acquisition is therefore
consistent with the City’s comprehensive plan.
NOW, THEREFORE BE IT RESOLVED by the Planning and Zoning Commission of the
City of Columbia Heights, that the acquisition of the Property by the Authority is consistent with
the City’s comprehensive municipal plan, and will promote the correction of a nonconforming
property and redevelopment consistent with the transitional development designation of the
Property.
BE IT FURTHER RESOLVED that this resolution be communicated to the Board of
Commissioners of the Authority.
ORDER OF THE PLANNING AND ZONING COMMISSION
Passed this 3rd day of December, 2019
Offered by:
Seconded by:
Roll Call:
Marlaine Szurek, Chair
Attest:
Shelley Hanson, Secretary
EXHIBIT A
Description of Property
Lot Seventeen (17), Rearrangement of Block “E”, Columbia Heights Annex to Minneapolis,
according to the duly recorded plat thereof in the County of Anoka and State of Minnesota.