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HomeMy WebLinkAboutApril 4, 2000CITY OF COLUMBIA HEIGHTS $90 40TH AVENUE N.H., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES April 4, 2000 MEMBERS Tom Ramsdell, Chair Kevin HBnson Ted Yehle Stephan Johnson Daniel Shattuck The April 4, 2000 Planning and Zoning Commission meeting was called to order by Chairperson Ramsdell at 7:00 p.m. Members present were Yehle, Johnson, Shattuck and Ramsdell. Commissioner Hanson was not in attendance. Also present were Joe Hollman (City Planner), Kathryn Pepin (Secretary to the Planning and Zoning Commission), Ken Anderson (Community Development Director), and Jim Hoeft (City Attorney). MOTION by Yehle, seconded by Shattuck, to approve the minutes from the meeting of March 14, 2000 as presented in writing. Voice Vote: All Ayes. Motion passed. NEW BUSINESS A. Public Hearing Variance Case #2000-0407 Mike Wilder RE: 4451 N.H. 5t" St. Columbia Heights, Mn. Mr. Hollman informed the Commission that this case had been withdrawn by the applicant. No action taken. B. Public Hearing P.U.D., Rezoning, Variance Case #2000-0408 Real Estate Equities Dev. Co. RE: 825 N.E. 41" Ave., 4150 And 4156 Central Ave. Columbia Heights, Mn. Mr. Hollman presented the request of Real Estate Equities Development Company for a Conditional Use Permit to allow a Planned Unit Development (PUD) for the construction of a 50 unit senior assisted living building and 22 units of affordable rental townhomes. He stated that the rental townhomes will consist of four buildings referring to the site plans submitted. Buildings A and B will contain six units each, and Buildings C and D will both contain five units. In addition to the Planned Unit Development, Mr. Hollman stated that the property is being replatted noting that the request before the Commission for the April meeting is for a preliminary review of the PUD and Plat. Mr. Hollman informed the Commission that the affordable rental units would be developed at 13.33 units per acre. The development will be a combination of 19 Low Income Housing Tax Credit (LIHTC) units and 3 "Hollman" units Multiple Housing Opportunities Program (MHOP). The following provides an approximate summary of rents. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 2 MHOP Units · One 2-bedroom unit $260 per month · One 3-bedroom unit 8260 per month · One 4-bedroom unit 8260 per month LIHTC Units · Seven 2-bedroom units 8635 per month · Five 3-bedroom units 8730 per month · Four 3-bedroom deluxe units 8730 per month · Three 4-bedroom units 8810 per month Mr. Hollman stated that the assisted living senior building will consist of 50 units (beds). There will be a total of 41 assisted living units and 9 memory units for alzheimer care. He noted that the floor plan indicates that there will be a coffee cafe. He explained that Staff had been originally informed by the applicant that the coffee shop would be utilized only by residents and staff and would not be open to the public as a commercial operation. However, that status has changed to a coffee shop open to the public. He did not have any specifics as far as size or seating capacity of the coffee shop, but stated that it would have to go through the Conditional Use Permit process and would be required to provide a minimum of about 20 parking spaces which could necessitate a parking variance. Mr. Hollman stated that there is also a request to rezone the property located at 825 N. E. 41" Avenue from R-2, One and Two Family Residential, to R-4, Multiple Family Residential. A rezoning of the property located at 4150 Central Avenue N.E. and 4156 Central Avenue N.E. from CBD, Central Business District, to R-4, Multiple Family Residential is also requested. A five (5) foot height variance is being requested to allow the senior building to be 40 feet in height as opposed to 35 feet in height which is the current maximum height allowed in the R-4 District. Mr. Hollman informed the Commission that during the spring of 1998, the Minnesota Design Team visited Columbia Heights for a weekend and held two town meetings to facilitate community discussion and make recommendations for improvements. One of their recommendations was the creation of a transition block on the subject property which would consist of a variety of life cycle housing opportunities. In response to this recommendation, the City applied for 8771,000 of Livable Communities Demonstration Account funds from the Metropolitan Council to help finance the project. At the time of the application, the project consisted of 18 affordable rental units, 70 affordable independent living senior units, and 26 owner-occupied townhomes. In December, 1998, the City was informed that we were awarded a 9rant in the amount of 8575,000 for the project, 830,000 of which was budgeted for the completion of a Master Redevelopment Plan for Downtown Columbia Heights. He noted that the grant application was prepared in cooperation with Real Estate Equities Development Company as the applicant and Crest View Corporation which is partnering with Real Estate Equities on the assisted living senior building. The property at 825 N.E. 41'~ Avenue contains NEI College of Technology which has occupied the property since 1982. The original building was constructed in 1926 and was added to in 1951. It was first used as the High School for Independent School District 13 and was later turned into the Junior High School. The property at 4150 PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 3 Central Avenue N.E. is currently a vacant lot owned by the Columbia Heights Economic Development Authority (EDA). The property 4156 Central Avenue N.E. is currently occupied by Citywide Locksmith. He noted that the applicant has unsuccessfully attempted to enter into a purchase agreement with the property owner of 4156 Central Avenue. As a result, the applicant has requested that the EDA use the power of eminent domain to acquire the property. The EDA will formally consider this request at their special meeting on April 11, 2000. Mr. Hollman informed the Commission that the surrounding property on the east is zoned CBD, Central Business District, and is used commercially. The property to the north is zoned both RB, Retail Business, and R-2, One and Two Family Residential. The property zoned RB is currently vacant, but is the site of a planned office building. Most of the property to the north is used residentially. The property to the south is also a combination of commercial, residential, and institutional. The area to the west of the subject property is zoned R-2 and is used residentially. Rezoninq Mr. Hollman reiterated that 825 N.E. 41" Avenue is zoned R-2, One and Two Family Residential; 4156 Central Avenue is zoned CBD, Central Business District; and 4150 Central Avenue is zoned CBD, Central Business District. This request is to rezone all three properties to R-4, Multiple Family Residential. He further explained that applicable permitted uses in the R-4 District include multiple family dwelling structures, nursing homes, and public and private schools. Multiple family dwelling structures and nursing homes are not permitted in the R-2 or CBD Districts, therefore, the rezoning is necessary to accommodate the proposed uses. He added that the City's Comprehensive Plan designates 825 N.E. 41't Avenue for future medium density residential development and the two properties on Central Avenue for future commercial development. Medium density residential development should consist of four, six, and eight-family townhouse buildings. The Plan states that appropriate zoning for medium density residential is R-3, Multiple Family Residential. The commercial designation is designed to accommodate uses allowed in the Limited Business, Retail Business, and Central Business Districts. He noted that the LB District allows multiple family buildings as a permitted use and nursing homes as a Conditional Use. It was his opinion that the request is generally consistent with the intent of the Comprehensive Plan. However, he noted that Plan includes a designation for high density residential which would accommodate apartments. Appropriate zoning for the high density residential designation is R-4, Multiple Family Residential. Mr. Hollman stated that because the owner-occupied townhouse units have been removed from the development, the proposal is less consistent with the intent of the Plan than when the grant application was submitted. However, because the subject property is designated for both commercial and medium density residential, and because the development is being processed as a Planned Unit Development, rezoning the property to R-4 is more appropriate than the R-3 designation. It is staff's opinion that the project is still generally consistent with the intent of the Comprehensive Plan. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 4 The draft 2000 Comprehensive Plan designates the area for future transit-oriented development and it is also identified as a potential redevelopment area. The Plan states that areas designated for transit-oriented development will include service-oriented commerciallretail development with high-density residential development providing the balance of the development. The proposal is consistent with this recommendation. Mr. Hollman noted that because the project is subject to the use of eminent domain on the property at 4156 Central Avenue NE, staff will recommend that action taken on the rezoning request be subject to the successful completion of the eminent domain process. Planned Unit Development Mr. Hollman stated that the purpose of a Planned Unit Development is to encourage flexibility in the design and development of land in order to promote its appropriate use. The following requirements apply to the Planned Unit Development: The tract of land shall be served with city sewer and water and have not less than 75 feet of public right- of-way frontage. The subject property is served by city sewer and water, and the property greatly exceeds 75 feet of frontage. No principal building shall be nearer than its height to the rear or side lot line when such line abuts an R-1 or R-2 District. Provided that the rezoning is approved, the proposed lots will not abut an R-1 or R-2 District. No building within the development shall be nearer to another building than 1/~ the sum of the height of the two buildings. The project as proposed meets this requirement. Private access ways shall be 24 feet or more in width. Having scaled the access ways on the plan it appears that it is 22 feet in width at its most narrow point (driveways onto 41" and 42"" Avenue NE), so the access way will need to be widened to 24 feet in these areas. No building shall be located less than 15 feet from the back of the curb on roadways and access ways, and three feet on service roads. The proposed senior building will be roughly 20 feet from the back of the curb along Central Avenue and 37 feet from the back of the curb along 42"" Avenue. The proposed Building B of the rental units will be roughly 30 feet from the back of the curb along 41" Avenue, and the proposed Building D is 26 feet from the existing alley. Guest parking ratio shall be one space for each four units with no unit having a distance greater than 200 feet to such space. Mr. Hollman noted that the Zoning Ordinance requires 1.5 spaces for each dwelling unit in the R-4 District, one of which shall be a garage, therefore, 33 parking spaces are required for the rental units (17 garage spaces). Also, six (6) additional spaces are required for the guest parking ratio. The proposal includes 44 spaces (22 garages) for the rental units which meets minimum parking PLANNING AND ZONING COMMISSOIN REGULAR MEETING- MINUTES APRIL 4, 2000 Pa§e § requirements as 39 total parking spaces are required. An open space system shall be designed showing recreational areas equal to at least 10% of the site area and served by a pedestrian oriented path system. It is intended that natural areas be included as part of the open space system. The proposal includes a sidewalk system which will serve the rental units, connecting that portion of the development to 41't Avenue. Also included in the proposal is an open area between building D and C on Lot 1 which is approximately 6,800 square feet in size. This area will contain playground equipment. He noted that the subject property does not currently contain any "natural" areas, but it is staff's opinion that the proposed storm water pond can be landscaped in a manner that will make it a passive amenity for the project. The pond area is roughly 9,§39 square feet in size. This, along with the open playground area, combines for approximately 17% of the area subject to redevelopment. Provided that the storm water pond is landscaped in an attractive manner, the proposed open space system meets the intent of the Ordinance. A sewer-water public utility system to serve the project shall be submitted, said system shall indicate a fire hydrant distribution to the approval of the Fire Chief and in total to the City Council. This information is subject to review and approval by the Public Works Department and Fire Department. A street light system shall be submitted for approval and all wires shall be below ground. At this point, staff has not seen a lighting plan, but will recommend that one be provided as a condition of approval for the final plan review. Plat Mr. Hollman stated that before a final plat is submitted to the City, the developer is required to submit a tentative or preliminary plat. The proposed plat indicates that the site will be divided into the following lots: A. Lot 1 will be approximately 1.6 acres in size and will contain the 22 rental units. B. Lot 2 will be roughly .65 acres and will contain the assisted living building. C. Lot 3 will be roughly 5.2 acres and will contain NEI College of Technology and related on-site parking. He noted that the proposed map does not label the property as Lot 3, so this will need to be amended prior to approval of a final plat. A number of new easements are being proposed, and some existing easements will need to be vacated. A. Outlot A- drainage and utility easement for the relocated storm water pond. He noted that the storm PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 6 water pond is currently located where the assisted living building is proposed. The size and location of the proposed pond is subject to review and approval by the Public Works Department. The existing drainage and utility easement for the storm water pond and related piping needs to be vacated. A proposed drainage and utility easement is proposed around the rental units for a proposed sanitary sewer line and water main to serve the four buildings. There is a portion of a drainage and utility easement that encroaches into the proposed Lot 1 that will need to be vacated. Having reviewed the proposed plat, Mr. Hollman indicated that staff has a number of concerns that should be addressed prior to approval of a final plat. Alley- Currently, there is a north-south alley that is located west of the existing commercial properties along Central Avenue which connects 41't and 42"" Avenues. The proposed senior building is located over the existing alley, so that portion of the right-of-way will need to be vacated. Also, the proposed plat does not indicate that the right-of-way will be redirected around the senior building out to 42"" Avenue. Staff is recommending that the plat be amended to show the alley right-of-way being redirected to 42"" Avenue. He noted that staff has safety concerns about the proposed alley which will contain two 90 degree turns, so staff will recommend as part of any final approvals that the directional changes be clearly signed and marked, and a traffic impact barrier be provided at the point where the alley turns away from Central Avenue to travel around the proposed senior building. On-street parking- The plat will need to be amended to illustrate relocated property boundaries for NEI to accommodate the property to be acquired by the City for on-street parking along 41" Avenue and Jackson St. Lot 3- As mentioned above, the Plat will need to be amended to label the property occupied by NEI College of Technology as Lot 3. Accessway - The accessway, as proposed, is intended to be shared by NEI, the rental units, and the assisted living building. Currently, the plat shows certain property lines as being located in the middle of the accessway. Staff will recommend that the accessway be labeled and described as an outlot for the purpose of shared access. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 7 Parkinq and Traffic Circulation As mentioned above, guest parking ratio shall be one space for each four units with no unit having a distance greater than 200 feet to such space. He noted that the Zoning Ordinance requires 1.5 spaces for each dwelling unit in the R-4 District, one of which shall be a garage, therefore, 33 parking spaces are required for the rental units (17 garage spaces). Also, six (6) additional parking spaces are required for the guest parking ratio. The proposal includes 44 parking spaces (22 garage) for the rental units which meets minimum parking requirements, as 39 total parking spaces are required. The amount of parking proposed for the rental units meets requirements. For the purposes of parking and zoning requirements, the assisted living senior building is being considered a nursing home. He noted that the Zoning Ordinance does not specifically identify assisted living senior facilities as a use, so the most closely related use needs to be used which is either a nursing home or a multiple family building. It is staff's opinion that the proposed facility is more closely related to a nursing home than it is a multiple family building. A nursing home requires at least one parking space for each two beds for which accommodations are offered. The proposed assisted living building will have 50 units (beds), so a total of 25 parking spaces are required for the building. The proposed plan indicates that 15 spaces will be provided for use by the assisted living building, all of which are designed to back directly into the public alley. As a result, a parking variance will need to be granted for the assisted living component of the project or an additional 10 parking spaces will need to be created. He noted that staff has inquired about the possibility of a shared parking agreement with NEI College of Technology. It was explained that this has not been discussed and is an unlikely possibility. The proposal indicates that 422 parking spaces will remain on-site for use by NEI College of Technology. The Zoning Ordinance requires vocational schools to have one parking space for every 2 118 students based upon actual enrollment which is the greatest number of students enrolled and are in attendance at one time. According to information provided to staff, NEI currently has 350 full-time students and 250 part-time students (600 total). Based on the minimum parking regulations, they are required to have 282 on-site spaces. As mentioned above, 422 spaces will remain on-site which meets minimum parking requirements for NEI. Of these 422 parking spaces, 366 will be standard size, 46 will be compact, and 10 will be handicapped-accessible. Mr. Hollman noted that the Zoning Ordinance allows schools with over 300 parking spaces to utilize compact parking provided that not more than 40% of the spaces are compact and the spaces are not less than 8 feet wide by 18 feet in length. The proposed compact spaces are 8.5 feet wide by 18.5 feet in length and roughly 11% of the total spaces will be compact, so this is in compliance with the Ordinance. The standard spaces are described as 9 feet wide by 18.5 feet in length with a 27 foot drive aisle. The required length of a parking space is 20 feet, therefore, the plans will need to be amended to accommodate 20 foot spaces. This will shorten the width of the drive aisles to 24 feet which is a satisfactory distance for safe traffic circulation. NEI College of Technology is maintaining the position that they will need 500 parking spaces to meet projected parking demands. As a result, the development proposal is including an additional 84 parking spaces which will be constructed on-street. 55 parking spaces are proposed to be located along 41" Avenue and 29 are proposed along PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 8 Jackson Street. As mentioned earlier, additional right-of-way will need to be acquired to accommodate this on- street parking. The proposed development will utilize an existing access from 42"" Avenue and a new access will be created off 41" Avenue. He noted that the Traffic Commission had reviewed and approved the proposed accesses but were opposed to the on street parking. The proposed on-street parking spaces generate safety concerns as well as maintenance concerns, but, he added that on-street parking can also have a traffic calming effect which can benefit traffic circulation in the area. The proposed development will accommodate internal traffic circulation though the addition of residential units on the site will generate some additional traffic on the surrounding system that is not currently there. Mr. Hollman indicated that one point of concern pertains to the configuration of Jackson Street in the project. Currently, Jackson St. is a one-way road south from 42"" Avenue where the public right-of-way ends roughly 200 feet south of 42n~ Avenue. Traffic can still travel through the site either in the parking lot west of NEI or through the parking lot north of NEI. He noted that this is an existing condition, but staff will recommend that the one-way system and private drives be clearly marked and signed. Life Cycle Housinq Study The Life Cycle Housing Study which was completed for the City in May, 1998, recommended that 99 ownership townhouses be constructed in the City by 2010, and it also recommended the construction of additional housing for seniors. The Study stated that 131 rental assistance certificates be added for affordable rental units in the City, but new affordable rental should not be constructed in the City unless it is subsidized. The proposed rental units will receive subsidies through the Minnesota Housing Finance Agency, Metropolitan Council, and other sources, so it is consistent with the recommendation in the Study. However, construction of affordable rental units was not identified as a priority for the City. Hei§ht Variance As mentioned earlier, the proposed assisted living senior building will be a maximum height of 40 feet. The maximum height allowed in the R-4 District is 35 feet so a variance is necessary. Mr. Hollman informed the Commission that Section 9.105(3)(d) of the Zoning Ordinance states the following: "In recommending a variance, it shall be found that by reason of narrowness, shallowness, or shape of lot or where by reason of exceptional topography, soil conditions, tree number or location or water conditions the owner of such lot would have an undue hardship in usin9 his lot in a manner customary and legally permissible within the rules of the zoning district." In order for a variance to be 9ranted, hardship needs to be established. He stated that the height of the building at Central Avenue was measured to be 26 feet which meets the maximum height requirement, but the grade elevation drops west of Central, so in order to maintain a level roof line, the maximum height of the building is 40 feet from grade where the grade drops. It is staff's opinion that topography PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 9 of the property creates a legitimate hardship on which to base an approval of the variance. Miscellaneous The Police Department has stated that they are supportive of the assisted living senior building component of the project, but they suggest that secure parking and adequate lighting be provided to deter theft and vandalis~n. They also stated that they have some major concerns with the affordable rental component. They are concerned that the City currently has several areas of high density residential that take a great deal of City resources. The Police Department is also concerned about the proposed diagonal parking in front of NEI, particularly regarding safety issues. He referred to the memo dated March 27, 2000, from the Police Chief providing detailed information regarding these concerns. One possible alternative to the on-street parking along 41" Avenue is the construction of another on-site parking lot between the building occupied by NEI and 41" Avenue. This would alleviate concerns about on-street parking but it would also create more impervious surface in the area and would remove some of the existing green/open space in the area. Mr. Hollman added that if the Planning and Zoning Commission felt it important to remove the on-street parking along 41't Avenue, the developer could be requested to design a parking lot in this area prior to plan approval. Mr. Hollman informed the Commission that the plans do not indicate proposed locations for waste material storage. The Columbia Heights Zoning Ordinance requires that waste material storage be located and fenced so as to be removed from public view. He added that Staff will recommend that the plans be amended to accommodate waste material storage. The assisted living senior building is required to have at least one loading berth that is no less than 12 feet in width, 25 feet in length, and 14 feet in height. The location of this loading berth shall not be located less than 50 feet from the lot line of an abutting lot in an "R" District and it shall not occupy front yards or side streets. Also, the loading berth shall be located with appropriate means of vehicular access to a public street or alley so as not to interfere with traffic. You will note that the plans accommodate an arced driveway off 42"" Avenue which is large enough to accommodate a loading berth. This berth is more than §0 feet from an abutting residential lot and does not occupy a side street, so it is in compliance with the Ordinance. The Zoning Ordinance requires that screening be provided between commercial and residential uses. Mr. Hollman stated that Staff will recommend that the plans be amended to provide screening between the proposed development and the existing commercial development east of the subject property. Chairperson Ramsdell opened the public hearing and requested the developer to speak first. Keith Jans, Vice-President of Real Estate Equities, was present to give an overview of the proposed project. He indicated that the target date for commencing construction is July/August of 2000 starting with the rental PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 10 townhomes first. He stated that his company currently manages 1100 units in the Metro area and own 22 units. Chairperson Ramsdell stated that the response to Iow income housing by the public is usually negative and asked Mr. Jans to describe what the qualifications would be for the Iow income housing. Mr. Jans stated that the rents charged would be equal to the market rate with a two bedroom unit renting for 863§ and a three bedroom unit renting for 8730 a month. There are also income maximums to qualify depending on the size of the family unit. Commissioner Shattuck asked what the vacancy rate was of the units Mr. Jans company manages and what percentage might be receiving public assistance. Mr. Jans responded that there is less than a 1% vacancy rate with about 10-20% receiving public assistance or on the Section 8 Program. Chairperson Ramsdell stated that the Traffic Commission denied the on street parking and also stated that the Police Department has indicated problems with the diagonal parking. He was concerned that the accessway behind the senior housing unit was a 90 degree turn. He asked Mr. Jans if these issues had been addressed. Mr. Jans responded that the accessways were actually 24 feet in width. He explained that the diagonal parking design was the most cost effective way to be able to accommodate the demands of NEI for their required 500 minimum parking spaces. The property owner of 4219 Jackson Street was present to express her concerns with parking at NEI stating that the lot can be full at certain times of day during the winter. The property owner of 4204 Jackson Street was present to ask if anyone had looked at the properties Real Estate Equities owned or operated to see what kind of appearance those sites presented. Terry Troy, representing Real Estate Equities, was also present. He stated that the company had been in business for thirty years and must be doing something right in order to stay in business. Some of the properties the company operated were located in Hopkins, St. Paul and he offered to provide City Staff with a list for people to obtain and visit if they desired. Commissioner Shattuck asked Mr. Troy if the company had built similar structures. Mr. Troy responded that they had but all developments vary greatly in one respect or another. Commissioner Johnson asked about financing for the project. Mr. Troy replied that there is a process that they go through for bids, etc. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 11 Virginia Novitsky of 4256 Van Buren Street was present to state that over the years she has had a problem with sewer backups as have other people in the neighborhood. She added that when there is a heavy rain, the storm drain covers in the street pop. She also expressed a concern with the extra traffic that will be generated from this proposed project going to Rainbow through the neighborhood. She felt the project was to laroe for the land area. She also brought up the fact that when Rainbow was approved, the streets were reconstructed to handle the heavier traffic (truck traffic) going to Rainbow for deliveries. She stated that the burden of the cost for the thicker streets fell on the taxpayers of the area. She did not want to see this happen again. Commissioner Yehle asked staff who would be responsible for the costs to install increased sewer capacity if needed for this development. Ken Anderson, Community Development Director, responded that the developers would be responsible for on site sewer and water installations, and storm water pipe system. Chairperson Ramsdell informed the audience members that the Planning and Zoning Commission was a recommending body to the City Council and that this case was a preliminary review of the proposed project, adding that it was the City's attempt to gather public input regarding the project and to be able to address the many concerns and issues before the final plan is considered. He stated that there would be other meetings reviewing this proposal before all is said and done. Councilmember Szurek was in attendance and asked the developers what the significance was of the company being responsible for the project for a minimum of 15 years. She also inquired if the 15 year time period had anything to do with the Livable Communities Grant the city received. Mr. Jans stated that fifteen years was the minimum holding period for investment on equity, the equity partnership ends at fifteen years. He did state that the units could then be marketed to the public. The fifteen year period does not have anything to do with the grant received by the city. Councilmember Szurek asked if the Federal Government put any restrictions on the development due to the grant or if the units could be purchased later by individuals. Mr. Jans responded that it was a possibility but not a common practice. Commissioner Shattuck asked if the tax increment financing portion was part of the grant money. Mr. Anderson stated that the tax increment financing will be considered by the EDA. Joe Marthe of 4227 Van Buren Street was present. He asked if the parking at NEI determines how many students are allowed. He also added his concerns with the amount of traffic that would be added to Van Buren Street with this project. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 12 Harry Wilcox, Facilities Manager for NEI, stated that he has witnessed raw sewage backup co-mingled with storm water at the school verifying as fact the concerns of an earlier homeowner. He felt the City should resolve the sewage problem as he has seen it floating in the school parking lot after a heavy rain. He added that the school had about 900 students in 1982 but the enrollment has declined through the years. Shirley Barnes, representing CrestView Corporation, stated that CrestView has been in the community since 1952. The new residence opened in June of 1999 and is full with a waiting list proving that there is a great need for affordable senior housing in this area. Elderly want to stay where they have lived for years and feel comfortable with the shopping, nursing, etc. Their facility that is proposed will not require as much parking area as very few of the residents have vehicles and there would not be as many staff as at a skilled care facility. She stated that Real Estate Equities is a company that they know will work for them. Chairperson Ramsdell asked how CrestView will manage the coffee shop opened to the public adding that the parking requirements would have to be addressed for that type of use based on the seating capacity or square footage. Ms. Barnes added that it had not yet been fully addressed. Bev Sanderson of 4206 Van Buren Street stated that she has experienced the sewer backup and she lives at the top of the hill. She also expressed concern with the holding pond as she has small children and worried about mosquitos and disease contracted from them. She also asked if the housing units could be owned rather than rental. She inquired if the project would be put to a vote by the public. Roger Peterson of 4113 Quincy Street stated that the combination of traffic from NEI, Immaculate Conception Church and School and the church on Van Buren Street plus the neighborhood traffic could max the roads in the area.. He asked where the visitors to the proposed development are going to park. Mr. Hollman stated that there are parking areas designated for parking on site. Commissioner Shattuck felt the number of parking spaces the Zoning Ordinance currently requires for apartment buildings are too Iow indicating that the figures used are 1970's criteria and that needs to be considered. Commissioner Yehle expressed his concern with the commentary received regarding the insufficiency of the sewer system in the area and directed staff to look into the problem. Chairperson Ramsdell closed the public hearing. Motion by Yehle, seconded by Johnson, to recommend to the City Council the adoption of Ordinance 1411 which is an Ordinance rezoning 825- 41" Avenue N.E., 4150 Central Avenue N.E., and 4156 Central Avenue N.E. to R-4, Multiple Family Residential District, as the proposal is generally consistent with the intent of the City Comprehensive Plan, subject to the following condition: Successful acquisition of 4156 Central Avenue N.E. through eminent domain by the Columbia Heights Economic Development Authority. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 PAGE 13 Commissioner Shattuck asked the City Attorney what the chances are with the eminent domain process. Attorney Hoeft replied that there would be nothing to chance, if the EDA approves the taking of the property by eminent domain, it will be done, it would be a matter of what dollar factor. Voice Vote: All Ayes. Motion passed. Motion by Yehle, seconded by Ramsdell, to recommend to the City Council the approval of the five foot height variance for the proposed assisted living senior building as topography of the property creates a hardship. Voice Vote: All Ayes. Motion passed. Motion by Yehle, seconded by Shattuck, to recommend to the City Council the approval of the preliminary plan for the planned unit development at 825- 41`t Avenue N.E., 4150 Central Avenue N.E., and 4156 Central Avenue N.E., subject to the following conditions: 1. City Council adoption of Ordinance 1411, rezoning the subject property to R-4, Multiple Family Residential District. 2. City Council approval of the five foot height variance for the proposed assisted living senior building. 3. Successful negotiation of a purchase agreement between the applicant and NEI College of Technology. 4. Successful negotiation of a development agreement(s) between the applicant and the Columbia Heights Economic Development Authority. 5. City Council approval of the preliminary and final plat for the project. 6. The plat shall be modified to include the following: a. The plat shall be amended to illustrate the alley right-of-way through the property; b. The plat shall be amended to illustrate relocated property boundaries for NEI to accommodate property to be acquired by the City for on-street parking; c. The property occupied by NEI will need to be labeled as a Lot; d. The private accessway will need to be labeled and described as an outlot for the purpose of shared access. 7. The creation and vacation of pertinent easements shall be approved by the City. 8. The private accessway will need to be no less than 24 feet in width. PLANNING AND ZONING COMMISSION REGULAR MEEETING - MINUTES APRIL 4, 2000 PAGE 14 9. The landscaping plan shall be amended to accommodate landscaping in and around the stormwater pond to create an open space amenity in the area. 10. The proposed public utility system will need to be reviewed and approved by the Public Works Department. 11. Drainage and Grading plans will need to be reviewed and approved by the Public Works Department. 12. Plans will need to be approved by the Columbia Heights Fire Department for emergency vehicle access and hydrant distribution. 13. A lighting plan shall be submitted for review and approval as part of the final plan review. 14. Directional changes in the public alley shall be clearly signed and marked, and a traffic impact barrier shall be provided at the point where the alley turns away from Central Avenue to travel around the proposed senior building. 15. A parking variance for the assisted living senior building will need to be applied for and approved, or additional parking spaces will need to be provided to meet minimum requirements. 16. The plan shall be amended to illustrate the standard parking spaces as 20 feet in length. 17. The traffic circulation system shall be clearly signed and marked on the site, including identification of any one-way systems and private accessways. 18. The plans shall be amended to accommodate waste material storage. 19. The plans shall be amended to provide screening between the proposed development and the existing commercial development east of the subject property. Voice Vote: All Ayes. Motion passed. **THIS CASE TO APPEAR ON THE APRIL 24, 2000 CITY COUNCIL AGENDA. Public Hearing Appeal Case #2000-0409 Genuine Parts Company RE: 4043 Central Ave. Columbia Heights, Mn. Mr. Hollman presented the request of Genuine Parts Company to appeal a determination made by the Columbia PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 15 Heights Building Official stating that the portion of the Columbia Heights Mall occupied by NAPA Auto Parts at 4043 Central Avenue NE cannot be painted blue. Mr. Hogman explained that the original site plan for the mall was approved in 1981. During the regular meeting of March 2, 1999, the Planning and Zoning Commission approved a site plan to allow the build-out of the Columbia Heights Mall. Also, in April, 1999, the Planning and Zoning Commission approved a site plan to allow the construction of the Columbia Heights Transit Hub in the northwest corner of the property. The surrounding property on the north, south, and west is zoned CBD, Central Business District, and is used commercially. The property to the east is zoned R-4, Multiple Family Residential, and is occupied by Parkview Villa and Labelle Condominiums. Mr. Hollman informed the Commission that the determination of the Building Official was based on the following: The original site plan for the Mall was approved in September, 1981. At that time, the site plan for the Mall and the office building at 3989 Central Avenue N.E. were reviewed as part of the same development proposal. The staff report for that review (attached) stated that the Mall will have a similar motif as the office building. Tho lower half of the Mall will be a brick fascia and the upper half of the building will have aluminized metal panels. Based on this information, it is staff's understanding that the intent was to maintain a similar appearance for the two structures. As a result, Mr. Hollman stated that it has been determined that painting that portion of the building that is occupied by NAPA blue will create an inconsistent appearance between the buildings and would not be allowed. According to the applicant, NAPA's appeal is based on the fact that they need to paint the building blue for their national image and retail exposure. Mr. Hollman noted that staff has evaluated Section 9.117A of the Columbia Heights Zoning Ordinance which regulates signage in the City to determine if painting the building blue is considered signage. The Ordinance defines sign as follows: "A structure, device, advertisement, advertising device or visual representation intended to advertise, identify or communicate information to attract the attention of the public for any purpose and without prejudice to the generality of the foregoing. A sign includes symbols, letters, figures, graphics, or forms painted or otherwise affixed to a building or structure intended to attract the attention of the public for any purpose. This definition includes a structural or non-structural device which borders, illuminates, animates or projects the visual representation." Based on this definition, it is staff's opinion that painting the building blue does no'[ constitute signage. Even though the intent of the request is to create additional retail exposure, Mr. Hollman felt painting the building does not meet the definition of a sign. Commissioner Shattuck asked who is the owner of the mall and his take on the matter. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 16 Mr. Hollman stated that he had spoken with Robert Grootwasink, owner of the mall, and Mr. Grootwasink objected to the tenant space being painted blue but would allow an awning to be installed similar to that of the StarBar. Tom PhJllippi was present representing NAPA. He stated that it was his understanding that the owner had given NAPA the approval to paint the tenant space blue. He informed the Commission that the blue was necessary as a national identification mechanism. Commissioner Shattuck felt the blue would detract from the appearance of the rest of the mall. Commissioner Yehle was concerned by the differing comments by the owner of the mall. Commissioner Johnson asked Mr. Phillippe if the color of the exterior of the tenant space was addressed in their lease. He stated that when he signed his lease, it was very clear what could and could not be done. He agreed that a canopy may be the answer. Councilmember Szurek stated that the City Council would not be amenable to painting the tenant space blue and probably prefer to see a colored canopy or lighted awning. Motion by Shattuck, seconded by Johnson, to deny the appeal of the determination made by the Columbia Heights Building Official stating that the portion of the Columbia Heights Mall occupied by NAPA Auto Parts at 4043 Central Avenue N.E. can not be painted blue. Voice Vote: All Ayes. Motion passed. STAFF REPORTS: A. Mr. Hollman informed the Commissioners that the Government Training Service is providing classes that would be advantageous to the Commissioners in their duties on the Planning and Zoning Commission. He provided them with a list and dates of classes and asked them to respond back to him regarding the class or classes of their choice and dates and he will take care of registration and payment. B. Mr. Hollman informed the Commission that the draft Comprehensive Plan is ready to proceed through the public hearing process. He suggested that a special Planning and Zoning commission meeting be held preferably the end of April with an open house beginning at 6:30 p.m. for informal review of the draft plan and then conduct the formal public hearing at 7:00 or 7:30 p.m. If problems with the plan arose, the Commission could table the plan for changes or if no opposition, the plan could be recommended for approval to the City Council. Discussion was held on an agreeable date. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES APRIL 4, 2000 Page 17 C. Ken Anderson informed the Commission that a Technical Advisory Commission has been formed between the cities of Columbia Heights and Fridley to conduct a joint study on how to capitalize on the Medtronic development in respect to needs for housing, restaurants, hotels, etc. In addition, he added that a Joint Task Forcehas been formed that will be made up of a Planning and Zoning representative from each city, one HRAIEDA Commissioner, representatives for the respective City Councils, and a business representative with David Behlow, Supeintendent of School District 13, as chair. The goal is to take advantage of the new employees that will fill the Medtronic facility and their needs for housing, etc. and to work together to "corner the market" for a hotel/conference center, restaurants and housing developments in our areas. He stated the the intent was to have the study completed by November of this year to be presented to the City Councils for approval by January 2001. He added that this development would have a significant impact on the entire area of Columbia Heights and Fridley. Mr. Anderson stated that a RFP has been prepared for a consultant to do a land use and marketing study on where we can identify areas for redevelopment for housing, etc. in Columbia Heights and Fridley before they go to Blaine or Andover, etc. Motion by Shattuck, seconded by Johnson, to adjourn the meeting at 9:45 p.m. Voice Vote: All Ayes. Motion passed. R e spe ct f u lieu b mit~te~d.~----/-~ , Kathryn Pepin Secretary to the Planning and Zoning Commission kp