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HomeMy WebLinkAbout01-05-2021 Planning Commission Packet Planning Commission Meeting January 5, 2021 6:00 p.m. Columbia Heights City Hall 590 40th Avenue NE Columbia Heights, MN 55421 NOTICE THAT THIS MEETING MAY BE CONDUCTED BY A COMBINATION OF IN -PERSON AND ELECTRONIC MEANS Following a determination by City Manager Kelli Bourgeois, and emergencies declared by the United States, The State of Minnesota, and the Columbia Heights Mayor & City Council, this meeting may, pursuant to Minn. Stat. § 13D.021, occur by a combination of in -person and electronic means. In all meeting formats whether solely in -person or a combination of in- person and electronic means, members of the public who wish to attend may do so by attending in-person or by calling 1-312-626-6799 and entering meeting ID: 894 3258 3713 and passcode: 080180 at the scheduled meeting time. If there are any questions about this notice or attending/calling in to the meeting, please contact the City Clerk at (763) 706-3611. January 5, 2021 Planning Commission Agenda 1. Call to Order and Roll Call 2. Approve Minutes a. Approval of December 1, 2020 Planning Commission meeting minutes. 3. Public Hearing a. Site Plan Review, Minneapolis Saw Expansion Jeff Englar 831 40th Avenue NE b. Text Amendment – Ordinance 1663, and Conditional Use Permit Amrish Patel 700 40th Avenue NE 4. Other Business a. Reminder: Planning Commission meeting Tuesday, February 2, 2021, 6:00 p.m. 7. Adjourn 1 MINUTES OF PLANNING COMMISSION DECEMBER 1, 2020 6:00 PM The meeting was called to order at 6:05 pm by Vice Chair Sahnow. Commission Members present- Sahnow, Hoium, Novitsky, and Vargas. Commission Members present through Zoom- Schill and Kaiser Members Absent: Fiorendino Also present were Aaron Chirpich (Community Development Director), Shelley Hanson (Secretary), and Connie Buesgens (Council Liaison). APPROVAL OF MINUTES Motion by Hoium, seconded by Novitsky, to approve the minutes from the meeting of November 4, 2020. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2020-1201 APPLICANT: CONTRACTORS CAPITAL COMPANY LLC LOCATION: UNASSIGNED ADDRESS KNOWN AS HUSET PARK OUTLOT B REQUEST: FINAL PLAT APPROVAL Chirpich explained that Contractors Capital Company has applied for Final Plat Review for Huset Park Outlot B (unassigned address). The site is located south of Huset Park at the corner of Jefferson Street and Huset Parkway. The site when developed will include a total of 29 assisted living units and memory care units. The Site Plan and Preliminary Plat were approved/recommended for approval at the February 4, 2020 Planning Commission Meeting, the applicant is now submitting the Final Plat which needs to be approved prior to construction. ZONING ORDINANCE The site is currently platted as an Outlot from the adjacent townhomes. As part of this application, the subject site being platted to “Westgate of Columbia Heights”. The property owner will be dedicating land back to the City to accommodate for the right of way (where the roundabout is located). The applicant will also be dedicating full perimeter easements for drainage and utility. Once the Final Plat is approved, a new address will be issued for the property. The property is located in the Mixed Use Zoning District, along with the properties to the south and west. Properties to the north are located in the Public and Open Space District, and the properties to the east are located in the Light Industrial District. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for high density residential development. The Comprehensive Plan aims to ensure housing for the projected aging population is accommodated throughout the City. Constructing a senior living community designed for aging in place, with graduated care options is consistent with the City’s Comprehensive Plan. 2 Page 2 Dec 1, 2020 FINAL PLAT 1. Easement Dedication The proposed plat will include a fifteen foot drainage and utility easement on the north side of the property and the remaining sides around the perimeter of the property will include a five foot drainage and utility easement. There is an easement over the drainage system under the parking lot. 2. Right-of-Way Dedication According to the survey that was submitted with the application, a portion of the site protrudes into Jefferson Street NE and the roundabout. The applicants have proposed to reconfigure the property lines to eliminate this issue. 3. Park Dedication The proposed plat will not include a land dedication. Rather, the applicants will make a financial contribution to satisfy this requirement. This will be secured in the development contract. FINDINGS OF FACT Section 9.104 (M) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant a Final Plat, they are as follows: (a) The final plat substantially conforms to the approved preliminary plat. This is correct. (b) The final plat conforms to the requirements of Section 9.116 [Subdivision Ordinance]. This is correct. Staff recommends the Planning Commission recommend that the City Council approve the Final Plat as presented subject to the conditions listed in the motion provided. Questions/comments from Members: One of the members noted that the renderings in the packet don’t clearly show the entrances. Chirpich explained that the Plat and Site Plan are different, and therefore, not all the Site Plan details were provided for this case. The final plat is what is being considered tonight which establishes the legal description, including the subdivision name and recording of the Easements and Right of Way dedications. Vargas was concerned about the storm sewer and sanitary sewer connections as the elevations and information provided look as though they would flow backwards. He questioned whether they would be using the existing manhole and lines depicted on the drawings. Chirpich stated some of the information on the drawings may not be accurate, but all the underground sewer issues will be addressed at the Site Plan approvals. The maps and information provided for this meeting are for establishing the Plat itself, along with the easements for utilities and roadway purposes. He went on to explain that an escrow will be obtained as part of the developmen t agreement and the City Engineer will oversee all drainage, elevations, and utility work during the Site Plan review and the construction process. 3 Page 3 Dec 1, 2020 Public Hearing Opened. No one was present to speak on this matter. Public Hearing Closed. Motion by Sahnow, seconded by Novitsky, to waive the reading of Resolution No 2020-_____, there being ample copies available to the public. Roll call vote: All ayes. MOTION PASSED. Motion by Sahnow, seconded by Hoium, to recommend that the City Council approve the Final Plat as presented, subject to the following conditions: 1. An approved Final Plat shall be valid for a period of one (1) year from the date of the City Council approval and must be recorded within that timeframe. In the event that a Final Plat is not recorded within this time period, the Plat will become void. 2. The property owner and the City shall enter into Development Contract governing site improvements and shall be executed by the property owner and the City prior to the issuance of a building permit. 3. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. 4. The applicant shall provide documentation for an easement dedication over the drainage system in the parking lot area. Said documentation shall be provided upon completion of the project. 5. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 6. Developer shall pay park dedication fees as outlined in the Development Contract. 7. Developer will provide record plans or as-built drawings to the City following project completion. Roll Call Vote: All ayes- Nays: None MOTION PASSED The attached Resolution will go to the city Council at the December 14th meeting. RESOLUTION NO. 2020-_____ A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Final Plat for Contractor Capital Company, LLC. Whereas, a proposal (Case # 2020-1201) has been submitted by Contractors Capital Company, LLC to the City Council requesting Final Plat Approval from the City of Columbia Heights at the following site: 4 Page 4 Dec 1, 2020 ADDRESS: 35-30-24-43-0125 (unassigned address) known as remnant parcel LEGAL DESCRIPTION: Outlot B, Huset Park, Anoka County, Minnesota THE APPLICANT SEEKS THE FOLLOWING: Final Plat Approval per Code Section 9.104 (M) Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zon ing Code on December 1, 2020; Whereas, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Final Plat 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 Section 9.104 (M) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Final Plat. They are as follows: (a) The final plat substantially conforms to the approved preliminary plat. (b) The final plat conforms with the requirements of Section 9.116. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Final Plat; and in granting approval the City and the applicant agree that the Plat shall become null and void if not recorded with Anoka County within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. An approved Final Plat shall be valid for a period of one (1) year from the date of the City Council approval and must be recorded within that timeframe. In the event that a Final Plat is not recorded within this time period, the Plat will become void. 2. The property owner and the City shall enter into Development Contract governing site improvements and shall be executed by the property owner and the City prior to the issuance of a building permit. 3. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. 4. The applicant shall provide documentation for an easement dedication over the drainage system in the parking lot area. Said documentation shall be provided upon completion of the project. 5. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 6. Developer shall pay park dedication fees as outlined in the Development Contract. 7. Developer will provide record plans or as-built drawings to the City following project completion. 5 Page 5 Dec 1, 2020 CASE NUMBER: 2020-1202 APPLICANT: SEH/CITY OF COLUMBIA HEIGHTS LOCATION: 3939 CENTRAL AVE NE REQUEST: CONDITIONAL USE PERMITS/WIRELESS COMM TOWER & FENCE Chirpich stated that SEH on behalf of the City of Columbia Heights has requested a Conditional Use Permit (CUP) to construct a wireless communication tower and a CUP to construct a fence surrounding the tower, at the property located at 3939 Central Ave NE. The tower and fence will be installed behind the library on the southeast corner of the property adjacent to and north of 39th Ave. Plans have been submitted illustrating the proposed location and specifications of the tower and fence design. The new tower is being constructed to relocate cell antennas that were on top of the roof at the former bank building at 3989 Central Avenue. As part of the redevelopment of that site, the City has agreed to construct the new tower. The primary tenant in top position on the new tower will be AT&T. The tower is being designed to hold up to three additional carriers for a total of four. The additional carriers have not been identified at this time. The Planning Commission must hold a public hearing and make a recommendation to the City Council on the CUP’s. The following analysis is provided for your consideration. ZONING ORDINANCE The Zoning Ordinance has specific requirements for the installation of a new wireless communication tower, and staff has reviewed the requirements to confirm that the proposed tower achieves those standards.  The tower will be 180 feet in height. The Zoning Code allows towers exceeding 80 ft. in height to be located in the Central Business District with a Conditional Use Permit.  The fence is 60 ft. by 60 ft. in size, 8 ft. in height and will surround the perimeter of the tower. The Zoning Code allows non-residential fences up to 8 ft. in height without the necessity for a land use variance. However, fences over 6 ft. in height require a CUP.  The tower will be a monopole design limiting the overall footprint, with four levels of antennae brackets on the top allowing for four tenants. In order to limit the number of towers in the City and foster shared use of the towers, the Zoning Code requires that all new wireless communications towers be constructed with excess capacity for co-location, based on the height of the tower. In this case, due to the height of the proposed tower, the code requires that the tower allow for up to three additional users (communication providers).  The tower is designed to fold onto itself completely.  The tower meets the setback requirement to the nearest lot line. The code requires that the tower (if a collapsible design) must be a distance equal to 20% of the tower height away from the nearest lot line. The tower height is 180 feet in height, and 20% of the height is 36 feet. The tower will be 57 feet from the south lot line (nearest lot line), achieving the setback requirement.  The zoning code requires a visual impact analysis to be required as part of the application submittal for any tower over 80 ft. in height. There are photos attached taken from various distances around the city illustrating the towers visual impact.  The Zoning code requires that the new tower meet separation requirements from existing towers. The distance that is required to be achieved is determined by the height of the existing and proposed tower. In this case, both the new and existing tower exceed 151 ft. and per the code, the new tower must be a minimum of 1,000 ft. from the existing tower. The nearest existing tower is 1, 600 ft. from the new tower achieving this requirement. 6 Page 6 Dec. 1, 2020 FINDINGS OF FACT The City Council shall make each of the following findings before granting a conditional use permit: (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. The Zoning code specifically allows towers exceeding 80 ft. in height to be located in the Central Business District upon approval of a CUP. The Zoning code specifically requires that fences greater than 6 ft. in height require a CUP. Because this is a non-residential fence and used for a use in a commercially zoned property the fence can be up to 8 feet without the need for a variance. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. This is correct. (c) The use will not impose hazards or disturbing influences on neighboring properties. This is correct. Staff does not anticipate there to be any hazards or disturbing influences on neighboring properties due to the tower and fence construction. (d) The use will not substantially diminish the use of property in the immediate vicinity. This is correct. (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. This is correct. The area surrounding the tower will be surrounded with a fence and landscaping buffer minimizing the visual impact to the best extent possible. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. (f) 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. This is correct. Staff does not anticipate there to be any effect on the traffic to local surrounding public streets or on site circulation of traffic. (g) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. This is correct. Other than a minimal visual impact, the tower will not have a negative effect on the other uses in the area. (h) The use complies with all other applicable regulations for the district in which it is located. This is correct. Applicable regulations are achieved. Staff recommends approval of the Conditional Use Permit for the Wireless Communication Tower and the 8 ft. tall fence surrounding the tower, subject to certain conditions of approval that were noted for the members. 7 Page 7 Dec. 1, 2020 Questions/comments from the members: Hoium asked about the tower being designed to fold into itself completely. Chirpich said it is required to be designed this way so if it is ever subjected to high winds or a storm it will collapse into itself and then to the ground, preventing it from falling onto adjacent properties. Vargas asked if any of the slopes and elevations will be altered. Chirpich stated that the tower will be placed near the south property line where the soil conditions are the best, and not much site work will be required. Kaiser asked what the tower and fence will look like at ground level. Will the screening obscure just the fence or part of the tower compound itself. Chirpich said the details haven’t been decided yet, but the trees will remain and additional trees and bushes will be planted to screen as much of the compound as possible. Kaiser then asked if there were other viable locations considered. Chirpich stated this location was the preferred site by At & T and Crown Castle and was the one chosen as part of the negotiation process. Others that were considered included property behind the Public Safety building, and the rooftop of Park View Villa. Kaiser went on to comment that he disagreed with the statement in the Findings of Fact that this was in harmony with the purpose and intent of the comprehensive plan. He said he worked on that committee and thought that this piece was slated for redevelopment of some kind. Chirpich told members that redevelopment of this site was considered at one time if the City could obtain the site that Heights Rental sits on so the property could be combined to make a larger site. However, Heights Rental is happy with their present location so they have no desire to sell. Once it was discovered that the soil conditions of this site are poor, it would be cost prohibitive to correct for a small development. Chirpich went on to say that soil borings done for the proposed tower have determined that placement of the tower has to be on the south end of the property as it is the most stable. Kaiser said he can’t support this CUP request due to the reasons he has expressed. Hoium asked how high the old NE Bank Building was where the old towers were located. Chirpich said the building was 6 stories high (he would guess approximately 90 feet) with the antennas located on the roof. Chirpich stated that Engineers for AT & T designed the height of the new tower, and it will have upgraded technology, but he is uncertain what exactly the capacity will be. Hoium asked if the City will receive revenue from the leases on this tower. Chirpich explained that as part of the out of court settlement, Crown Castle will continue to lease out the tower space to other entities, and that the City and Crown will share the rent revenues 50/50. Schill asked if the City received any feedback from neighbors in the area. Chirpich stated he heard from Heights Rental and they were not concerned about the height of the tower, but wanted to make sure the access off 39th Avenue would not be eliminated. He said he had not received any other comments regarding this matter, even though notices were sent to an expanded area since it encompassed anyone within 350 feet of the entire Library site, not just the small parcel where the tower will be located. 8 Page 8 Dec 1, 2020 Sahnow asked if the Commission will be looking at the landscaping plans at a later date. Chirpich said that staff will handle this administratively and it will not come back to the Commission. However, he said that 10 feet of trees and landscaping around the fenced compound will be enforced. Sahnow then asked if the tower will have a light at the top. Chirpich said it will not have a light, as the threshold for that is 200 feet high. Schill asked for clarification of the relationship between AT & T, Crown Castle and the City. Chirpich told members it is complicated and that the City tried to remove Crown Castle as the middle man through eminent domain, but the process to go through the courts was costly and was holding up the sale to Alatus so that project could move forward. Therefore, the settlement was that the City has agreed to let Crown Castle continue to run the leases for the tower, and that AT & T will lease through them, with all future revenue being split between Crown and the City as part of the out of court settlement. Agreeing to a new site for the tower was a necessary piece, to allow the other project to proceed. From a practical stand point, by sharing the future revenue the City will recoup some of its costs. Public Hearing Opened: No one was present to speak on this matter. Public Hearing Closed. Kaiser’s final comments were that he understands how frustrated staff may be with the results of the negotiations, but he thinks that neighbors may regret not fighting this once they see how high the tower is. He still thinks this is a site with high potential and that placement of a utility tower off Central Avenue is not what the Comp Plan intended. He doesn’t think it is in the City’s best interest. Motion by Sahnow, seconded by Novitsky, to waive the reading of Resolution No 2020-____, there being ample copies available to the Public. Roll call vote: All ayes. MOTION PASSED. Motion by Sahnow, seconded by Hoium, to recommend the City Council approve the Conditional Use Permit for the Wireless Communication Tower and the 8 ft tall fence surrounding the tower, subject to the following conditions: 1. The area surrounding the tower/fence shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from surrounding property. The standard buffer shall consist of a landscaped strip 10 feet wide outside the perimeter of the compound. Existing mature growth and natural land forms on the site shall be preserved to the maximum extent possible. 2. All required state and local codes, permits, licenses and inspections will be met and in full compliance. Roll Call: ayes-Vargas, Hoium, Novitsky, and Sahnow Nays- Kaiser and Schill 9 MOTION PASSED. Page 9 Dec 1, 2020 The following Resolution will go to the City Council at the December 14th meeting. RESOLUTION NO. ______ A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a wireless communication tower and fence 8 feet in height for the property located at 3939 Central Ave NE. (PID 36-30-24-33-0158) Whereas, a proposal (case 2020-1202) has been submitted by SEH on behalf of the City of Columbia Heights, requesting a Conditional Use Permit for a wireless communication tower and a fence to be 8 feet in height at the following site: ADDRESS: 3939 Central Ave NE. PID 36-30-24-33-0158 LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING: Conditional Use Permits Whereas, the Planning Commission held a public hearing as required by the City Zoning Code on December 1, 2020; Whereas, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Conditional Use Permits 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. (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. 10 Page 10 Dec 1, 2020 Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit approval; and in granting this Conditional Use Permit approval, 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. This approval is subject to certain conditions 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. The area surrounding the tower/fence shall be landscaped with a buffer of plant materials that effectively screens the view of the tower compound from surrounding property. The standard buffer shall consist of a landscaped strip 10 feet wide outside the perimeter of the compound. Existing mature growth and natural land forms on the site shall be preserved to the maximum extent possible. 2. All required state and local codes, permits, licenses and inspections will be met and in full compliance. OTHER BUSINESS The next scheduled meeting is Tuesday, January 5, 2021 at 6 pm. Chirpich said the meeting will likely take place since we have two cases to consider at this time. The first is approving the expansion of Mpls Saw on 40th Avenue and the second is a text amendment to allow a Health and Wellness Center to go into the buildings at 700-704 40th Avenue. Council Liaison, Connie Buesgens, thanked the Commission members for the opportunity to observe and work with them during her time as the Liaison to the Commission. She explained that the City Council will be re- assigning members to the various commissions for 2021, and she may become the liaison for a different commission. She believes it is an excellent way to gain knowledge about the role each commission plays in the overall process of reviewing information and giving input to the City Council. Motion by Hoium, seconded by Schill to adjourn the meeting at 7:04 pm. Respectfully submitted, Shelley Hanson Secretary 11 CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2021-0101 DATE: January 5, 2021 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Minneapolis Saw Company DEVELOPMENT: Minneapolis Saw Company Building Addition for additional retail/storage space LOCATION: 831 40th Ave NE, Columbia Heights, MN 55421 REQUEST: Site Plan Review (Under 1 Acre) PREPARED BY: Daniel Elder, NAC Consultant City Planner INTRODUCTION 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. 12 City of Columbia Heights Planning and Zoning Commission January 5, 2021 Planning Report Page 2 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 grandfather 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 me et 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. 13 City of Columbia Heights Planning and Zoning Commission January 5, 2021 Planning Report Page 3 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. RECOMMENDATION 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 831 40th Ave NE, subject to certain conditions of approval. Motion: Move to waive the reading of Resolution No. 2021 -PZ01, there being ample copies available to the public. Motion: Move to approve a Site Plan for the proposed building addition to be located at 831 40th 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 12/01/2020. 3. The applicant will remove the outdoor storage and confine storage to the existing garage and the proposed building addition storage. . ATTACHMENTS Resolution No. 2021-PZ01 Application Narrative Location Map Site Plan/Elevations Survey 14 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 831 40th 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: 831 40th 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 831 40th Ave NE, Columbia Heights, MN 55421 Whereas, the Planning Commission held a public hearing as required by the City Zoning Code on January 5, 2021; Whereas, the Planning Commission has considered the ad vice 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. 15 Resolution No.2019-PZ02 Page 2 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. Passed this 5th day of January, 2021 Offered by: ______________________________ Seconded by: Rob Fiorendino, Chair Roll Call: Ayes: Abstain: ____________________________________ Shelley Hanson, Secretary 16 17 18 1 The Dennis Batty & Associates Group, Inc. architects & planners 22770 Imperial Avenue North Forest Lake, Minnesota 55025 Phone 651-464-3756 Fax 651-464-3794 Email dennisbatty@dennisbatty.com December 7, 2020 Aaron Chirpich, City Planner City of Columbia Heights 590 - 40th Avenue NE Columbia Heights, MN 55421 Re: Site Plan Review Application for Proposed New Addition for the Minneapolis, Saw Company Dear Aaron, The following is a cover letter including narrative for a proposed new addition for the existing building for the Minneapolis Saw Company located at 831 - 40th Avenue NE. PROJECT SCOPE The project includes a single level L-shaped 1,814 square foot addition to the existing 3,823 square foot footprint of the existing building The existing building houses a retail store and repair shop for the Minneapolis Saw Company that retails and repairs numerous small engine products for the construction, lawn mowing, snow removal, recreation and tree removal industries. The proposed addition will expand the retail and shop spaces in the existing building. The proposed addition will be L-shaped in plan, have 10’ to 12’ exterior side walls with a minimal pitch (flat) roof and a 2’ roof overhang. The addition exterior walls will be stucco (EIFS) with a will match/blend with the existing structure walls in color and texture. The roof will be rubber membrane with a green pre-finished roof edge fascia and soffit. Exterior doors and windows will match those in the existing building. The overall height of the proposed addition will be 10 feet for the retail portion matching the height of the one-story part of the existing building and 12 feet for the shop addition portion. A portion of the existing building is two-story and is 26’-0” in overall height. 19 Minneapolis Saw Company Narrative Letter December 7, 2020 2 No change in the amount of imperious coverage on the site is proposed as a part of the project. No change in current storm water control and management is proposed as a part of the project. No change in the site landscaping is proposed as a part of the project. No change in the grade is proposed as a part of the project. The new addition floor will be set at the same elevation as the existing building floor. The current site contains 17 marked out parking spaces. The Owner proposes to mark out two additional spaces on the east side of the site just south of the garage identified as spaces 8 & 9 on the site plan bringing the total to 19, the number required by city ordinance for a building of this square footage. (5,637 sf divided by 300sf/space = 18.79, round up to 19 spaces.) 40TH AVENUE DISTRICT - DESIGN GUIDELINES The property, on which the addition will be built, lies within the 40th Avenue Design District and would therefore come under the Columbia Heights Design Guidelines. I have reviewed the guidelines document as posted on the City of Columbia Heights website for specific items and standards that would logically relate to accessory structures and apply to the addition being proposed. The following is my review and response to the guidelines as they would relate to the proposed structure. (The phrase or wording in italics is from the guidelines with our response following. Page 5 Nonresidential and mixed use building facades should be flush with the sidewalk… Since this project is an addition to an existing building and the existing building is set back from the 40th Avenue side property line, we propose to set the addition back so that it matches the setback of the existing building. Page 8 Primary Facades and Roof Treatments. Nonresidential…buildings may be designed with pitched or flat roofs… The proposed addition will have flat roofs. Page 9 Building Width and Facade Articulation…Objective: To reflect building widths characteristic of existing …commercial buildings on 40th Avenue… The proposed garage will set back 23’-9” from the 40th Avenue property line and match the setback of the existing building. Page 10 …All buildings shall have a minimum cornice height of 22 feet… Our assumption is that this requirement would apply to larger buildings or buildings more than one story in height. Our intention is to match the height of the existing building on the 40th Avenue side of the building which is 10 feet. 20 Minneapolis Saw Company Narrative Letter December 7, 2020 3 Page 11 Transparency: Window and door Openings… The width of the 40th Avenue (south) side of the proposed addition will be 19’-4”. The proposed design adds two large windows in this façade that will match the size and proportion of the existing windows on this same side of the existing builng. Page 16 …All buildings should be constructed of high-quality materials, including the following:...concrete block…Stucco… The attached drawings show the building exterior to faced with stucco (EIFS). Page 17 …Building materials of similar quality should be used on front side, and rear facade… See the attached building elevations which show stucco (EIFS) on all sides of the proposed addition. Page 26 Parking area… The current site contains 17 marked out parking spaces. The Owner proposes to mark out two additional spaces on the east side of the site just south of the garage identified as spaces 8 & 9 on the site plan bringing the total to 19, the number required by city ordinance for a building of this square footage. (5,637 sf divided by 300sf/space = 18.79, round up to 19 spaces.) Page 29 Landscape… No changes are proposed to the existing landscaping on the property. Page 31 Signs… No additional signage is proposed on this addition. No change is proposed in the existing signage on this property. (End of response to Design Guidelines.) SUMMITAL DOCUMENTS The following documents/items/drawings are included as a part of this site plan review application submittal. 1. This cover letter including the project narrative dated December 7, 2020. 2. Completed Site Plan Application dated December 7, 2020. 3. Photos showing the area of the site where the proposed addition will be placed. 4. Architectural drawings that contains site plan, floor plan, exterior elevations. 5. Certificate of Survey that shows existing site. Includes topography. 6. Check for $500 made out to the City of Columbia Heights for application fee. (End of Submittal Documents) 21 Minneapolis Saw Company Narrative Letter December 7, 2020 4 If you have questions or need additional information please contact me. Sincerely, Dennis Batty, AIA The Dennis Batty & Associates Group, Inc., Architects and Planners 22 PROPERTY LINE PR O P E R T Y L I N E PR O P E R T Y L I N E PROPERTY LINE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PARKING FOR 19 CARS 23 24 25 26 The Dennis Batty & Associates Group architects & engineers incorporated MINNESOTA 22770 IMPERIAL AVENUE N. FOREST LAKE, MN 55025 EMAIL: info@dennisbatty.com PHONE: 651-464-3756 FAX: 651-464-3794 MISSOURI 3242 WEST WINDWARD PASS SPRINGFIELD , MO 65810 EMAIL: info@dennisbatty.com PHONE: 417-889-8540 FAX: 417-889-1644 DRAWN BY: COMMISSION NUMBER: ISSUE DATE: PLOT DATE: 9/1/2020 REVISIONS: PROPOSED ADDITION TO MINNEAPOLIS SAW COMPANY 831 - 40TH AVENUE NE COLUMBIA HEIGHTS, MN ELEVATIONS A3.0 ST A P L E A R E A ST A P L E A R E A PRELIMINARY NOT FOR CONSTRUCTION NO ENTITIES THIS AREA NO ENTITIES THIS AREA NO ENTITIES THIS AREA NO ENTITIES THIS AREA NO ENTITIES THIS AREA NO ENTITIES THIS AREA SITE PLAN 1 A1.0 1" = 8'-0" SOUTH ELEVATION1 A3.0 1/8" = 1'-0" 2'-0" 3'-0" 10 ' - 6 " 1' - 6 " VE R I F Y EXISTING BUILDING PROPOSED ADDITION STUCCO TO MATCH EXISTING INSULATED CLAD WINDOW METAL FASCIA TO MATCH EXISTING EXISTING STUCCO EXISTING STONE EAST ELEVATION2 A3.0 1/8" = 1'-0" 10 ' - 6 " 1' - 6 " STUCCO TO MATCH EXISTING INSULATED CLAD WINDOW METAL FASCIA TO MATCH EXISTING EXISTING STUCCO NORTH ELEVATION3 A3.0 1/8" = 1'-0" EXISTING BUILDINGPROPOSED ADDITION EXISTING STUCCO STUCCO TO MATCH EXISTING INSULATED CLAD WINDOW INSULATED ROLL UP DOOR EXISTING STAINED WOOD 27 28 CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2021-0102 DATE: January 5, 2021 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Amrish Patel DEVELOPMENT: Rocky’s Gym LOCATION: 700 40th Avenue REQUEST: Zoning Ordinance Amendment and Conditional Use Permit PREPARED BY: Bob Kirmis, Consultant City Planner INTRODUCTION 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. 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. 29 City of Columbia Heights Planning and Zoning Commission January 5, 2021 Planning Report Page 2 COMPREHENSIVE PLAN The Comprehensive Plan guides the majority of the 40th 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. 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 40th 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: 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 30 City of Columbia Heights Planning and Zoning Commission January 5, 2021 Planning Report Page 3 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 s erved. 6. The City Council may establish limited business hours as a means of ensuring compatibility with surrounding uses. Attached for the Planning Commission’s consideration is 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. To be noted is 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. CONDITIONAL USE PERMIT 1. Access Primary access to the site is proposed from the north via 40th Avenue. A secondary access from the south via an existing alley is also proposed. To be noted is that the proposed access from 40th 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. 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. 31 City of Columbia Heights Planning and Zoning Commission January 5, 2021 Planning Report Page 4 While plans exist to improve 40th 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 to 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. 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. 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. 32 City of Columbia Heights Planning and Zoning Commission January 5, 2021 Planning Report Page 5 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 façade 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). 5. 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:  Exterior color change to black  New wall signage 33 City of Columbia Heights Planning and Zoning Commission January 5, 2021 Planning Report Page 6  A mural on the west façade 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 façade 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. 34 City of Columbia Heights Planning and Zoning Commission January 5, 2021 Planning Report Page 7 (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. (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. (f) 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 40 th 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. 35 City of Columbia Heights Planning and Zoning Commission January 5, 2021 Planning Report Page 8 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 floo r area) as a conditional use in the City’s LB, Limited Business District. Motion: Move to waive the reading of Ordinance No. 1663, there being ample copies available to the public. Motion: Move to recommend that the City Council approve Ordinance No. 1663, as presented. B. Approval of the Conditional Use Permit for property at 700 40 th Avenue (PID 35-30- 24-41-0147) subject to certain conditions. Motion: Move to waive the reading of Resolution 2021-XX, there being ample copies available to the public. Motion: Move to recommend that the City Council approve Resolution 2021-XX, a resolution approving the conditional use permit as presented, subject to the followin g 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 ______ a.m. to _______ p.m. 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. 6. 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 façade 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). 7. The use of black as a primary building color is approved. 36 City of Columbia Heights Planning and Zoning Commission January 5, 2021 Planning Report Page 9 8. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 9. 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. 10. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 11. All exterior lighting shall be downcast with a shielded light source as not to adversely impact neighboring residential properties. 12. All new site signage shall be subject to sign permit. 13. The site and elevation plans included in this submittal, shall become part of this approval. ATTACHMENTS Ordinance No. 1663 Resolution No. 2021-XX Application Applicant Narrative Resident Email Site Plan Building Perspective Floor Plan 37 Ordinance No. _______? 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: (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 conditio nal uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, 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. (l) 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 4,000 gross 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. 38 City of Columbia Heights - Ordinance Page 2 (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. (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 o ff-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 ens uring 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. Section 4 This Ordinance shall be in full force and effect from and after 30 days after its passage. First Reading: Offered by: Seconded by: Roll Call: Second Reading: Offered by: Seconded by: Roll Call: Date of Passage: Amáda Márquez Simula, Mayor Attest: Nicole Tingley, City Clerk 39 City of Columbia Heights - Ordinance Page 3 40 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 surrou nding 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 whi ch 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. (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. 41 City of Columbia Heights - Council Resolution Page 2 (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 fo und 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 _______ a.m. to ________ p.m. 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 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 façade 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 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 p.m. and 6:00 a.m. 10. All exterior lighting shall be downcast with shielded light sources as not to adversely impact neighboring residential properties. 11. All new site signage shall be subject to a sign permit. 42 City of Columbia Heights - Council Resolution Page 3 12. The site and elevation plans included in this submittal, shall become part of this approval. ORDER OF COUNCIL Passed this 8th day of March, 2021. Offered by: Seconded by: Roll Call: Amáda Márquez Simula, Mayor Attest: Nicole Tingley, City Clerk 43 COLUMBIA cli HEIGHTS 0 ZONING AMENDMENT APPLICATION ORDINANCE NO.: 9.104 (F) This application is subject to review and acceptance by the aty. Applications will be processed only if all required items are submitted. PROPERTY I NFOf1 All ON Project Mdress' Location: Legal Description of property: Resent zoning of property: Roposed zoning of property: ct ion Number of text to be changed: PROPERTY OWNE R (As it appears on property title): Company! Individual (please print): Undara LLC Contact Person (please print): Steven Nelson Mailing Mdress: 704 40th Ave NE Oty: Columbia Heights sate: MN Zp: 55421 Daytime Phone: 763-788-8888 Cell FThone: 612-242-4702 E-mail Address - snelson©heights-electric.com Sgnature/ te: P, / 12-3-2020 APPLICANT: Company/Individual (please print): Contact Person (please print): Mailing jAjd ress Oty: Daytime Phone: E-mail Address'. Sgnature/ L1te: State: Zip: Cell Phone: Page 1 of 2 Amrish Patel 3721 2 1/2 St NE Columbia Heights MN 55421 Amrish Patel 6123882762Pateleyes@hotmail.com 700 to 704 40th Ave 75 x 125 Lots 30,31,&32, Block 65 Columbia Heights Annex to Mpls, Anoka County,MN Limited Business District General Business (fitness facility) 44 COLUMBIA110), HEIGHTS REASON FOR REQUEST (please provide a written narrative that explains how the existing use of the property and the zoning classification of other property within the general area are compatible with the proposed zoning classification. Also describe whether there has been a change in the character or tend of development in the general area that has taken place since the property was originally placed in its current zoning classification. If applicable, provide the existing text that you are requesting be changed and provide the proposed text.) FOR OFFICE USE ONLY CASE NO: APPLICATION REC'D BY: DATE APPLICATION REC'D: $500.00 APPLICATION FEE REC'D: RECEIPT NUMBER: Approved by Planning & Zoning Commission on Approved by City Council on Revised June 2017 Page 2 of 2 45 1 Mitchell Forney From:pateleyes <pateleyes@hotmail.com> Sent:Thursday, December 3, 2020 2:34 PM To:Aaron Chirpich Subject:Narrative, zoning application Attachments:CH Zoning Application.pdf; CivilPlans-SITE.pdf; Floor_Plan+-+Rocky's+Fitness.11.24.20.pdf This message originated from outside the City of Columbia Heights email system. Use caution when clicking hyperlinks, downloading pictures or opening attachments. If necessary, contact sender by phone. WHEN IN DOUBT, THROW IT OUT! Sent from my T-Mobile 4G LTE Device -------- Original message -------- From: Kim Jary Date: 12/3/20 10:25 AM (GMT-06:00) To: pateleyes@hotmail.com Subject: Narrative Rocky’s Gym is about providing the residents of Columbia Heights a nearby, 24-hour boutique gym. It will be located at 700 40th Ave NE, and will occupy all three units. The biggest complaint from customers attending gyms, is that they are too crowded. Many facilities are congested, the hours are limited, & people feel a bit self conscious going to larger establishments. We will focus on one on one training, small group classes, with access to cardio and weight machines. Members will be able to access the gym via key fob, with 24 hour surveillance, giving people the flexibility they need. This area in Columbia Heights is craving a fitness center nearby to our parks and golf course. The location is ideal for us in that we can provide unique classes, like yoga in the park, outdoor classes, which in turn will help strengthen that community feel. Most of our target members will live relatively close, there is ample parking for the service we are providing, many will walk or bike. We had the pleasure of speaking with Larry from Greater Life Tabernacle across the street from this property, asking if we could use additional spaces in their lot if needed. He informed us that would be acceptable, except for certain hours on Sundays due to Sunday service. He also gave permission for the city to contact him if there are further questions. We believe this area needs more of a high-end gym, compared to the other local gyms around us. Our target audience will be middle to upper-class, and will rely on service rather than sheer volume. Because of the convenience of a 24 hour operation we will be able to demand a higher price, and attract the fitness enthusiast that’s tired of the crowds. People are willing to spend more on monthly dues for that convenience, and are within 5-10 minutes of the facility. 㐶 2 We will sign members up directly at the facility, and also online. Our main marketing will be through the web, social media, direct mail, advertisements in local papers, lead boxes, and referrals. Software will be developed to help members track their fitness progress. Primary revenue streams will be through monthly dues, personal training, & merchandise. My dog Rocky, is an American Staffordshire, whom I rescued. I was intimidated at first, being how big he is. 11 years later, he is truly man’s best friend. Starting a fitness routine can be intimidating. Gyms can be intimidating. At Rocky’s, we pride ourselves on being a community gym where everyone feels welcomed. I have lived in Columbia Heights for over 15 years, and would like to contribute to the growth of the city. Amrish The linked image cannot be displayed. The file may have been mov ed, renamed, or deleted. Verify that the link points to the correct file and location. Sent from my iPad 㐷 1 Mitchell Forney From:Bob <farragut3040@yahoo.com> Sent:Thursday, December 17, 2020 2:09 PM To:Aaron Chirpich Subject:Health and fitness club Isn't there a requirement for so many parking spaces off the street? The businesses next door do a lot of parking in front of our house. It's not the realty. They don't create much traffic and they park in front of their building. It's the other business that is in their building that keeps blocking access to our house. We are at 716 40th Avenue NE. Access to the buildings are through the front. So I'm afraid that people will not utilize the small parking areas at the side and rear of 700 40th. This is going to be a problem if they get a lot of people coming there. People do not park in back of 710 as it is now. There have been quite a few occasions that my neighbor and I have had about people parking in front of our homes. There was a sign on the building next door (710) that said one hour parking at one time. It may still be there, I'm not sure, but then people park in front of our house. We really do not want that type of business here. No other fitness place is located in a residential neighborhood. If there is a way to put up signs in front of our home that says residential parking only that may curb the issue. A suggestion I think should be taken seriously. Thank you. Robert Dondelinger Jodi Dondelinger 㐸 10 5.0' 12.0' 5.0' 5.0' 40TH AVE 4 8.5' (TYP.) 18.0' (TYP.) 9.0' (TYP.) 15.2' 15.4' 53° ON E W A Y DA T E : 12 . 1 . 2 0 2 0 CH E C K E D B Y : E . B e a z l e y DR A W N B Y : A . A n d e r s o n PR O J E C T N O . : 2 0 X X X RE V I S I O N : 0 PR E L I M I N A R Y NO T F O R C O N S T R U C T I O N 5 A z a l e a D r . Co c o a B e a c h , F L SU B M I T T A L T O C I T Y O F C O C O A B E A C H , F L O R I D A 9. 4 . 2 0 2 0 EXH1 PA R K I N G E X H I B I T RIGHT OF WAY EASEMENT PROPERTY LINE APPROXIMATE EXISTING BUILDING Feet 1" = 10' 201005 NOTES: ·ZONED LB - LIMITED BUSINESS DISTRICT ··PARKING SETBACKS ···FRONT: 12' ···SIDE: 5' ···REAR: 5' ·MIN DRIVE AISLE WIDTH: 24' ·PARKING STALL DIMENSIONS: L = 20' W = 9' (ABUTTING CURB AT NARROWEST DIM: L = 18' 㐹 50 7' 0" x 7' 0" 11' 0" 16' 2" 4' 0" 2' 4"2' 8" 5' 10" 8' 1" 78' 0" 45' 0" 78' 0" 45' 0" 40' 4" 35' 4" 9' 4"10' 8"10' 8"2' 4" 6' 2"2' 8"2' 8"6' 2" 5' 0" x 5' 0" 8' 0" x 5' 0" 14' 0" 8' 4" 5' 4" 27' 4" 5' 0" 4' 4"0 0 WH Lockers OFFICE MECHANICAL STORAGE Restroom Restroom FRONT DOOR WAITING AREA 㔱 1 Mitchell Forney From:Kevin Hansen Sent:Wednesday, December 23, 2020 10:36 AM To:Mitchell Forney Cc:Aaron Chirpich Subject:RE: Planning Commission Draft Report Review Mitch – I have no comments on Minneapolis Saw – the addition is small enough that our storm water req’mnts do not kick in and offer no other engineering comments. For Rocky’s Gym, my concern is the same as what is presented in the consultant plan review – is parking adequate? For 40th Avenue – we continue to engage the County to seek funding – but it is not at the level where we even have any concept level layouts for what the road may become. So I would not count on on-street parking as that may change. KH From: Mitchell Forney Sent: Wednesday, December 23, 2020 10:20 AM To: Ryan Smith; Lenny Austin; Kevin Hansen; Charlie Thompson Cc: Aaron Chirpich Subject: Planning Commission Draft Report Review Gentlemen, The Planning Commission will be reviewing two Planning cases at their January 5th meeting. I have attached the planning case’s Draft reports for your review. Please provide any comments to either Aaron or myself by the end of the day on December 29th. Thanks, Mitch Mitchell Forney | Community Development Coordinator City of Columbia Heights | Community Development Department 590 40th Avenue NE | Columbia Heights, MN 55421 mforney@columbiaheightsmn.gov Direct: (763) 706-3674 Main: (763) 706-3670 Disclaimer: Information in this message or attachment may be government data and thereby subject to the Minnesota Government Data Practices Act; may be subject to attorney-client or work product privilege; may be confidential, privileged, proprietary, or otherwise protected. The unauthorized review, copying, retransmission, or other use or disclosure of the information is strictly prohibited. If you are not the intended recipient of this message, please immediately notify the sender of the transmission error and then promptly delete this message from your computer system. 㔲 City of Columbia Heights | Community Development 590 40th Avenue NE, Columbia Heights, MN 55421 ▪ Ph: 763-706-3670 ▪ Fax: 763-706-3671 ▪ www.columbiaheightsmn.gov Rockys Gym.pdf 12/28/20 Re: Rocky’s Gym 700 40th Ave. A gym in this location must comply with MN Rules Chapter 1306.0020 Subp. 2 and be equipped with an automatic sprinkler system. If you have any questions please call (763)706-3677. Sincerely, Ryan Smith Building Official 53