Loading...
HomeMy WebLinkAboutNovember 8, 2000CITY OF COLUMBIA HEIGHTS 590 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN 55421-3878 (612) 782-2800 TDD 782-2806 PLANNING ANO ZONING COMMISSION REGULAR MEETING- MINUTES November 8, 2000 MEMBERS Tom Romsdell, Chair Donna Schmitt Ted Yehle Stephan Johnson Temmera Ericson The November 8, 2000 Planning and Zoning Commission meeting was called to order at 7:00 p.m. by Chairperson Ramsdell. Members present were Schmitt, Ericson, Yehle, and Ramsdell. Commissioner Johnson was not in attendance. Also present were Kathryn Pepin (Secretary to the Planning and Zoning Commission), and Tim Johnson (City Planner). MOTION by Yehle, seconded by Ericson, to approve the minutes from the meeting of October 3, 2000 as presented in writing. Voice Vote: All Ayes. Motion passed. NEW BUSINESS Public Hearing Conditional Use Permit Case #2000-1127 Allen D. Rue RE: 4000 N.E. 6th Street Columbia Heights, Mn. City Planner, Tim Johnson, presented the request of Mr. Allen Rue for a Conditional Use Permit to operate the former A & W Restaurant building at 4000 N.E. 6th Street as a drive-in restaurant on a seasonal basis from approximately April to October. He stated that the surrounding property on the south, west and east is zoned RB, Retail Business and is used commercially. The property to the north is zoned and used residentially. The subject property is located in the RB, Retail Business District. Section 9.113(2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for a drive-in business in the RB District and is subject to the following requirements: Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m. for those serving food or drink. The proposed hours of operation for the Hy-lander Drive-In are proposed to be Monday through Thursday from 10:30 a.m. to 10:00 p.m.; Friday and Saturday from 10:30 a.m. to 11:00 p.m.; Sunday from 10:30 a.m. to 9:00 p.m. This proposal meets requirements. The entire area shall have a drainage system approved by the City Engineer. The City Engineer has no concerns regarding this proposal as this lot is existino and there are no surface or grade chanoes proposed. The entire area other than that occupied by the structure or plantings shall be surfaced with a material which will control dust and drainage to the approval of the City Engineer. The entire lot is currently hard surfaced which meets this requirement. 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 NOVEMBER 8, 2000 Page 2 A box curb at least six (6) inches above grade shall separate the public walk from the lot except at approved entrances or exits. Box curbing or zero lot line landscaping would not be required as the majority of the lot currently has unrestricted access onto 40~' Avenue and 6t~ Street. Staff would not recommend the installation of box curbing in front of the building along 40"' Avenue as this would restrict walk-up access to the business. The lighting shall be accomplished in such a way as to have no direct source of light visible from the public right-of-way or adjacent residential use. Mr. Johnson informed the Commission that the minimum yard and density requirements are as follows: Lot frontage shall be a minimum of forty (40) feet and lot width shall be a minimum of fifty (50) feet. The subject parcel has approximately 129 feet of lot frontage and width on 40~ Avenue. No structure shall exceed three (3) stories or thirty-five (35) feet whichever is lesser. The existing structure is well under this requirement at approximately fifteen (15) feet. No building shall be erected within ten (10) feet of any alley abutting the narrowest width of the lot. The existing building meets this requirement. Minimum lot area shall be 6,000 square feet. The existing parcel is 5,184 square feet falling short of the requirement. However, the lot is considered legal non-conforming and is considered "grandfathered". The Front Yard Setback shall be fifteen (15) feet. The existing structure is approximately 2.4 feet from the front property line. However, the structure is considered legal non-conforming as long as the structure is not added onto. Side Yard Setback shall be 0 feet. The closest Side Yard Setback is §.4 feet from 6t~ Street which meets requirements. Rear Yard Setback shall be ten (10) feet. The existing building is approximately 18 feet from the rear property line which meets requirements. The floor area ratio shall not exceed 1.0. The building has a 0.07 floor area ratio which meets requirements. Mr. Johnson stated that the applicant is not proposing any structural changes, however there will be exterior enhancements made to the building as they pertain to redesign and remodeling. The applicant is proposing to repair the roof as well as renewing the canopy and its lights. Visual improvements would include replacement of front sidewalk, seal coating the existing driveway, as well as adding building and directional signage. The proposal would PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 3 include repair of broken curb and pavement, along with seal-coating and re-striping. There is an existing privacy fence that is located on the rear of the property which satisfies the ordinance for buffering residential properties from commercial properties. Mr. Johnson informed the Commission that parking requirements for a restaurant are at least one space for each three seats based on capacity design. However, the drive-in proposed does not have interior seating, so it would be exempt from this requirement. From the site plan proposed, there will be nine (9) drive-in service lanes. He added that there are currently no off-street parking requirements for drive-in restaurants. He indicated that Staff has spoken to the Public Works Department regarding existing access directly onto 40th Avenue for the proposed business. Public Works has no issues as all of the drive-in spaces of A & W formerly had direct access onto 40"' Avenue and the new proposal will utilize the same pattern. He directed their attention to the site plan for the property. Mr. Johnson stated that solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained for such purposes. The site plan shows an existing dumpster on the northwest corner of the lot which the Hy-Lander Drive-In will continue to use. They will be required to fence the dumpster. The site plans submitted also show lighting on site to remain as is, with proposed lighting under the canopy to be repaired for the walk up window. The current Zoning Ordinance does not address minimum landscaping standards for existing commercial sites. It was Mr. Johnson's opinion that the City Comprehensive Plan designates this area for future Commercial development adding that one goal of the Land Use and Redevelopment Plan is to improve the commercial viability of the 40th Avenue corridor while protecting nearby residential neighborhoods and the Plan promotes the rehabilitation of existing development land in the City. The proposal should not negatively impact any adjacent residential areas and will provide an appropriate reuse of an existing commercial drive-in building. The proposal seems consistent with the City Comprehensive Plan. Mr. Johnson stated that staff has reviewed Section 9.104(3)(f) of the Zoning Ordinance which addresses non- conforming uses, and has determined that the existing structure is non-conforming, but the former use and proposed use of the structure conform to the RB District. However, the lot is non-conforming as it is less than §,000 square feet in size. Because of the lot size, the proposed drive-in use is severely restricted at this site. In addition, the existing building is non-conforming as it relates to setbacks. However, the applicant has not proposed to add onto the existing structure. Future additions would not be possible due to the lot size. Chairperson Ramsdell asked about parking on 40th Avenue in front of the building and drive lanes. He suggested that signage be installed for "no parking" in that area. Commissioner Schmitt suggested that parking be allowed in the area in front of the building for pick-up of food from the walk-up window. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 4 The proposed owners, Allen Rue and Mike Clairmont, were present to state their intentions as far as exterior renovations stating that the canopy would be repaired as well as the roof, deteriorated wood replaced, siding work, etc. Mr. Rue stated that the interior appears to be very clean with little work necessary on the inside. They assured the Commissioners that the building will look 110% better when completed. They added that they would like to allow parking on the street in front of the site when they are not open in order to accommodate the neighboring businesses. Council Representative Szurek had concerns regarding their proposal and requested additional paperwork to be submitted prior to the CUP being forwarded to the City Council indicating the proposed renovations and a completion rendering. She also requested staff to arrange for the Building Official to conduct a walk thru of the building to compile a list of items that must be replaced/repaired. Mr. Rue questioned the amount of signage they would be allowed for the site. Planner Johnson stated that the pole sign existing would have to be removed as it was non-conformino to the Sign Ordinance Section of the Zoning Code but wall signage on the building would be allowed. ChairPerson Ramsdell opened the public hearing. The public hearing was closed as no one was present to speak reoarding this case. Motion by Yehle, seconded by Ericson, to recommend to the City Council the approval of the Conditional Use Permit to allow the operation of The Hy-Lander Drive-In at 4000 N.E. §'~ Steeet, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The existing freestanding sign on the west side of the lot must be removed as it is non-conforming. All future signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. 3. Staff would recommend to post no parking signs along 40th Avenue for the drive-in spaces to continue to have direct access to 40th Avenue without being blocked in by parked vehicles. 4. Solid waste material shall be so located and fenced as to be removed from public view or shall be kept in an enclosed building. 5. Hours of operation shall be confined to the period between 10:00 a.m. and 1:00 a.m. 6. Lighting shall be accomplished in such a way so as to have no direct source of light visible from the public right-of-way or adjacent residential properties. 7. Prior to opening, all repairs deemed necessary by the City Building Official must be completed. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 5 Voice Vote: All Ayes. Motion carried. **THIS ITEM TO APPEAR ON THE NOVEMBER 13, 2000 CITY COUNCIL AGENDA. Public Hearing RezoninglPlat Case #2000-1128 Real Estate Equities Re: 825 N.E. 41" Avenue Columbia Heights, Mn. Mr. Johnson presented the request of Real Estate Equities for Preliminary and Final Plat approval of the overall site encompassing NEI, the proposed new senior living building, the rental townhomes, and the Ostrander parcel. The Preliminary and Final Plat proposes to vacate some existing easements, and to establish some new easements. There are also alley vacations proposed as well as new alley right-of-way dedication with the Plat. There is an additional request for rezoning of the Ostrander parcel at 4157 Jackson Street NE from R-2 (single and two-family) to R-4 (multi-family), which was recently purchased by Real Estate Equities but wasn't included as part of the original rezoning approval. The Ostrander piece covers lots 29 and 30, Block 39, Columbia Heights Annex to Minneapolis. Mr. Johnson provided some background regarding the project stating 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 grant 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 (the applicant) and Crest View Corporation which is partnering with Real Estate Equities on the assisted living senior building. Mr. Johnson further stated that 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 located at 4150 Central Avenue N.E. is currently a vacant lot owned by the Columbia Heights Economic Development Authority (EDA). The property located at 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 N.E. As a result, the applicant has requested that the EDA use the power of eminent domain to acquire the property. However, as of the preparation of this agenda, negotiations are in process to complete a voluntary sale. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page § Mr. Johnson stated 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 City Planner Johnson stated that the City Comprehensive Plan designates 4157 Jackson Street for future medium density 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. Appropriate zoning for the high density residential designation is R-4, Multiple Family Residential. 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 original rezoning was necessary to accommodate the proposed uses. As previously mentioned, 825 N. E. 41" Avenue is zoned R-2, One and Two Family Residential; 4156 Central Avenue N.E. is zoned CBD, Central Business District; and, 4150 Central Avenue N.E. is zoned CBD, Central Business District. The original request to rezone all three properties to R-4, Multiple Family Residential was approved by the Planning Commission and passed onto the City Council in the spring of 2000. The matter will be taken up again at the next Council meeting on November 13, 2000. This new approval would incorporate the proposed rezoning of the Ostrander parcel as well as the former rezoning of the rest of the NEI site. Because the owner-occupied townhouse units have been removed from the proposal, the concept is less consistent with the intent of the Comprehensive 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. Mr. Johnson informed the Commission that the draft 2000 Comprehensive Plan designates the NEI site 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 commercial/retail development with high- density residential development providing the balance of the development. He stated that the proposal is consistent with this recommendation. Although the Ostrander piece hasn't been proposed for development other than for parking lot purposes, it will be reviewed as part of an overall site rezoning at the next City Council meeting. Plat Planner Johnson stated that the plat submitted indicates that the site will be divided into the following lots: PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 7 1. Lot 1, Block 2 will be approximately 1.6 acres in size and will contain the 22 rental units. 2. Lot 1, Block 3 will be roughly .65 acres and will contain the assisted living building. Lot 1, Block 1 will be roughly 5.4 acres and will contain NEI College of Technology, the Ostrander parcel, and related on-site parking. A number of new easements are being proposed, and some existing easements will need to be vacated. Outlot A- drainaoe and utility easement for the relocated storm water pond. He noted that the storm water pond is currently located where the assisted living building is proposed. The size and location of the proposed pond is subject to final 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. Hedlund Engineering has submitted a list and description of all easements and right-of-ways to be created and vacated in the Final Plat approvals. Having reviewed the proposed plat, Mr. Johnson stated that staff has identified some issues that need to be addressed as part of the approval of preliminary and final plat. Alleys- 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. He noted that staff has safety concerns about the proposed alley which will contain two 90 deoree 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 (guardrail) be provided at the point where the alley turns away from Central Avenue to travel around the proposed senior building. Staff would recommend that a guardrail be placed next to the drainage pond (Outlot B), as a safety measure. The second alley that needs to be vacated is the north/south dead end alley abutting the Ostrander parcel (Lots 29, 30; Block 39) on the east side, and perpendicular to 42"" Avenue. This alley needs to be vacated in conjunction with the plat and the rezoning as it currently serves no purpose. The vacation of this alley would allow for future NEI off-street parking according to the site plan. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 8 MnDOT Metro Division has reviewed the Final Plat proposed and has submitted comments in a letter dated October 30, 2000. In their review, MnDOT found the Plat acceptable and did not offer any suggestions for change. I have also spoken with Paul Bertleson from the Anoka County Surveyor's office regarding the Final Plat, and he did not express any concerns. Anoka County surveyors and engineers will review the Final Plat before it is filed to ensure that it meets their requirements. Miscellaneous Mr. Johnson stated that the Police Department has not expressed any concerns with the Plat or proposed rezoning. He referred to the memo dated March 27, 2000, from the Police Chief for more detailed information regarding these concerns. He added that the Fire Department has not expressed any concerns with the Final Plat or the proposed rezoning. The Fire Department initially had concerns regarding the lack of fire lanes along 41" Avenue, but this issue appears to be addressed in the newest site plans. However, these are not plat issues. In summary, Mr. Johnson stated that the positive aspects of this proposal would be that the rezoning of 4157 Jackson will allow for the entire NEI parcel to maintain consistent zoning, and allow for future transit oriented development to occur. In addition, the negative aspects of this proposal would be that the rezoning of the Ostrander parcel will not create any new tangible benefit or development as it is being proposed to be used for overflow parking for NEI. Mr. Johnson stated that Staff would recommend approval of Ordinance 1411 which is an Ordinance rezoning the subject property to R-4, Multiple Family Residential, as the proposal is generally consistent with the intent of the City Comprehensive Plan and would be subject to the successful acquisition of 4156 Central Avenue through the eminent domain process. Commissioner Schmitt was concerned that noise from traffic on Central Avenue would be a problem for the senior building. ChairPerson Ramsdell opened the public hearing. The public hearing was closed as no one wished to speak regarding this issue. Motion by Ericson, seconded by Yehle, to recommend to the City Council the adoption of Ordinance # 1423 which is an Ordinance rezoning 4157 Jackson Street NE to R-4, Multiple Family Residential District, as the property has been acquired by Real Estate Equities, and the proposal is generally consistent with the intent of the City Comprehensive Plan. Motion by Ericson, seconded by Ramsdell, to recommend to the City Council the approval of the Preliminary and Final Plat for the NEI site and all that property identified on the plat as submitted at 825- 41't Avenue NE, 4150 Central Avenue NE, and 4156 Central Avenue NE, and including 4157 Jackson Street NE, subject to the following conditions: PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 9 1. City Council adoption of Ordinance #1411, rezoning the subject property to R-4, Multiple Family Residential District. 2. The applicants will need to demonstrate interest in the property (i.e. ownership) before the City Council will approve the Final Plat. 3. Successful negotiation of a development agreement(s) between the applicant and the Columbia Heights Economic Development Authority. 4. The creation and vacation of pertinent drainage and utility easements shall be added to the plat and shall be approved by the City and the Public Works Department. §. The creation and vacation of alley right-of-ways as shown on the plat. 6. 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. A guardrail shall also be provided next to the drainage pond (Outlot B) as a safety measure. 7. The traffic circulation system and all right-of-ways shall be clearly signed and marked on the plat. 8. Utility companies shall be notified prior to any utility easement vacations that currently house utilities. 9. The Plat should be amended to reflect and spell out Block for legal description on plat. 10. The City Attorney and City Engineer shall review and approve the plat before recording. Voice Vote: All Ayes. Motion passed. *THESE ITEMS TO APPEAR ON THE NOVEMBER 13, 2000 CITY COUNCIL AGENDA. C. Site Plan Review Case #2000-1129 Washburn McReavy RE: 4101 Central Ave. Columbia Heights, Mn. City Planner, Tim Johnson, presented the request of Washburn McReavy for site plan approval to allow the former Norwest Bank Building to be converted into a Washburn McReavy Funeral Home at 4101 Central Avenue N.E. The proposed building is roughly 6,480 square feet with the proposed garage addition. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 10 He stated that the property to the north and east is zoned CBD, Central Business District, and is used commercially. There is also adjacent property to the east that is zoned R-4, Multi-Family and is used residentially. The surrounding property to the south and west is zoned CBD, and is used commercially. The subject property is zoned CBD. According to Section 9.112(1) of the Columbia Heights Zoning Ordinance, funeral homes are not listed as a specific permitted use in this district. However, they are listed as a permitted use in the LB (Limited Business District). He informed the Commission that Staff and the City Attorney have reviewed the permitted uses in the CBD and believe that Funeral Homes are similar in nature to the uses generally permitted in this district. Because the existing Taylor Funeral Home located on 40~ Avenue is currently in the Central Business District, the Washburn McReavy Funeral Home proposed in the CBD appears to also be an appropriate use. The intensity and land use impact of a funeral home in the Central Business District seems to be consistent with the listed permitted uses and can be considered a permitted use. The new draft zoning ordinance also addresses funeral homes as being allowed in the CBD District. Mr. Johnson stated that the Minimum Yard and Density Requirements are as follows: The Floor Area Ratio shall not exceed 6.0. The proposed Floor Area Ratio is .17, which meets the minimum requirements. Minimum frontage shall be twenty (20) feet. The current site has approximately two hundred feet of frontage, meeting requirements. The Front Yard Setback shall be one (1) foot. The existing building is approximately eight (8) feet from the front property line, meeting requirements. Mr. Johnson added that parking requirements for undertaking establishments are based on the maximum seating capacity of the business. According to Section 9.116(4)(v) of the Zoning Ordinance, one (1) parking space is required for each five (5) seats. A site plan submitted indicates that Washburn McReavy Funeral Home will have a maximum fixed seating capacity of one hundred fifty four (154). The site plan proposed shows forty three (43) off- street parking spaces, of which two are handicapped. In addition, one (1) space is required for each 250 square feet of floor area not used for seating. According to staff calculations, thirty nine (39) parking spaces are required, therefore, the site plan meets the requirements. Although the ordinance does not require it, the access aisles proposed for this newly configured lot are at least twenty four (24) feet. The Zoning Ordinance requires that all open off-street parking areas shall provide a bumper curb of five (5) to seven (7) inches high around the perimeter of the parking area and a curb of no less than five (5) feet from a building that has parking around it. The site plan indicates that there will be perimeter concrete curb provided along with a curb and concrete sidewalk along the building. Mr. Johnson informed the Commission that Staff has reviewed the new garage addition proposed on the east side of the building which will be built to match the existing structure and which meets all required setbacks from property lines. The garage addition will be used for casket display and funeral vehicle storage. With this addition, new landscaping is being proposed. New trees and landscaping will be planted on the north and west sides of the PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 11 building, as well as new sodding and an irrigation system. New lighting is also proposed on site, along the Central Avenue entrance as well as the along the perimeter of the lot for security and aesthetic purposes. Mr. Johnson added that Staff will need to follow up to ensure that the lighting plan does not exceed three (3) foot candles at the property line. At this point, staff hasn't reviewed any specific plans for signage, although the applicant has indicated that they are planning on installing flush mounted signage into the existing vacant cans which housed the former signage. Mr. Johnson stated that Staff recommends approval of the site plan to allow for Washburn McReavy Funeral Home to occupy the former Norwest Bank Building and to construct a 1,680 square foot garage addition at 4101 Central Avenue N.E., subject to the conditions listed in the recommended motion. He added that the Public Works, Police and the Fire Departments have received the plans and have expressed no concerns with the proposal. Staff also spoke with a MnDOT official regarding this change in use which abuts a trunk highway. The MnDOT official indicated that he didn't anticipate any changes or concerns with this proposal, however, MnDOT will do a final review before occupancy. Commissioner Schmitt asked staff if the building was large enough to serve the purpose of a funeral home. Bill McReavey was present and stated that they operate multiple locations in the area and that the Robbinsdale site was smaller than this location but the most efficient. He added that they should not have any problem with an operation at this site. Chairperson Ramsdell opened the public hearing. The public hearing was closed as no one was present to speak regarding this case. Motion by Ramsdell, seconded by Yehle, to approve the site plan to allow Washburn McReavy Funeral Home to occupy the existing building at 4101 Central Avenue N.E. and to allow for the construction of a 1680 square foot garage addition, subject to the following conditions: A lighting plan will need to be reviewed and approved by staff before any additional lighting is installed on the site. 2. MnDOT site plan review of site access for change in use will be required prior to certificate of occupancy. All proposed signage must be submitted on the City prescribed application form and must fully comply with the Zoning Ordinance. Voice Vote: All Ayes. Staff Reports: PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 12 A. PUD Aqreement for NEI. Mr. Johnson referred to a copy of a Planned Unit Development Agreement prepared by attorneys for the City of Columbia Heights, NEI College of Technology and the Columbia Heights Transition Block LLC who is the developer. This agreement outlines the specific development standards and concessions proposed to be given to NEI and its counterparts as part of the redevelopment process. He informed the Planning and Zoning Commission that specific concessions related to variances include setback variances for the townhome buildings, parking arrangements, open space conveyance and park dedication. The major concession allows NEI to be able to rebuild their building in the same footprint and at the same height as the existing structure if the structure would be destroyed or damaged in any way which was a major issue for NEI who was unwilling to follow through on any deal without this language. Mr. Johnson stated that it would be necessary for the Commission to make a motion regarding the agreement and forwarding it on to the City Council for final review. Mr. Ken Anderson, Community Development Director informed the Commission that the Traffic Commission, at their meeting of November 6, 2000, denied an on-street parking request for the project. The request consisted of 44 on- street parking spaces on 41" Avenue between Quincy and Van Buren Streets and eleven spaces on the east side of Jackson Street just south of 42"" Avenue. All the proposed on-street parking spaces are proposed to be parallel parking and by permit only between the hours of 7:00 a.m. to 3:00 p.m. Monday through Friday for staff and employees of NEI. These spaces would fulfill the 500 space obligations of NEI He added that final action would be taken by the City Council at their meeting of November 13, 2000. Chairperson Ramsdell was concerned with the many unknowns as far as the parking section. Ken Anderson stated "that the Parking Agreement itself is really outside the bounds of responsibility of the Plannino and Zoning Commission and that is why it was referred to the Traffic Commission. Staff is receommending that the Planning and Zoning Commission take action on other issues as outlined by Mr. Johnson in the agenda". He suggested that they not base their decision on the one issue of parking. Commissioner Schmitt was confused by the 1,000 student limit on Page 9 and asked if off-site students were considered as off-site could happen in the future. Ken Anderson stated that the 1000 student population came from when NEI originally located in Columbia Heights when their enrollment was closet to 1000 where now it is half that. He assumed that NEI was comfortable with the 1000 figure because if there were more than 1000 students on site, the parking would not comply. He felt it was not necessary to include off-site student enrollment in the agreement. Keith Jans, representing Real Estate Equities, was present. He stated that he had just had the opportunity to review the agreement and wanted to point out some clarifications or changes. On Page 3 of the agreement in the third whereas, the name of the plat should be Northwestern 2"" Addition instead of the "Real Estate Equities Addition" as stated. In addition, on Page O, paraoraph d, reference is made to the number of on-site parking spaces which should read 456 parking stalls on-site with 44 off-site permit spaces. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 13 Ken Anderson stated that the City Attorney will be closely reviewing the document for any necessary changes prior to the signature of the final document. Commissioner Schmitt asked about the underground indoor parking that was recommended by the Police Department and if that was for the senior housing. She also asked if the parking allowances included parking spaces for staff. Ken Anderson stated that underground indoor parking was proposed very early on in the project. After further study it has now been determined that underground indoor parking was not feasible as there is not a need. He explained that as most of the people in the senior housing complex average 70 years of age and do not have vehicles or drive any longer. The parking needs for this buildino have been determined to be approximately one parking space for each two units for a total of 25 parking spaces and would be on-site surface parking. He added that these spaces would include those for staff. Marlaine Szurek, City Council liaison, interjected that Royce Place has a parking lot that is virtually empty and mostly used by staff. She felt that most seniors give up their cars when they move into this type of housing. Chairperson Ramsdell agreed stating that approximately three occupants of Royce Place still drive. Shirley Barnes, CEO of Crestview, was present and stated that the need for additional parking is not needed as she has seen at Royce Place. There the average age is 84 years and the people there need day to day assistance with such things as dressino and some suffer from memory loss. She stated that the national statistic for assisted living parking spaces is .5 space per unit. Ken Anderson informed the Commission that, if in the future, items of concern would arise that would be of mutual concern to all parties in the agreement, the PUD could be reviewed. Motion by Ramsdell, seconded by Yehle, to recommend to the City Council the approval of the Planned Unit Development Agreement between the City of Columbia Heights, NEI College of Technology and Columbia Heights Transition Block LLC and to authorize the Mayor and City Manager to enter into an agreement for the same. Voice Vote: All Ayes. B. Tower Ordinance. City Planner, Tim Johnson, presented the revised Tower Ordinance for review. He indicated the areas the Planning Commission had requested changed at the October meeting. He added that a moratorium on Telecommunications and Antennae is in effect until December 7, 2000. He stated that on Page 7, Item 5e was changed to allow towers less than 80 feet in Residential Districts and the PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 14 LB District by Conditional Use Permit rather than by variances as previously proposed. Page 8, Item 5f was added to not allow towers greater than or equal to 80 feet in height in Residential or Limited Business Districts. Commissioner Yehle also noted that concerns were stated regarding the maximum number of co-locators on a tower or existing support which is addressed on Page 9, Item 7a. Commissioner Schmitt asked if there were any existing towers. Commissioners Yehle and Ramsdell stated there were and gave the locations. Discussion was again held regarding Page 24, Item l§a, Annual Registration Requirements. Concerns were voiced at the previous meeting regarding the need for this requirement and what other cities require such annual registration. Staff did not see the need for this provision as it would add another layer of paperwork to what is already required. Concerns with notification to the city when use of a tower or wireless facility is discontinued are addressed in 1 § f on Page 26. The Commissioners were not certain if the annual registration requirement was necessary and were in favor of referring it to the City Council for further discussion as to the necessity. Ken Henke, member of the Telecommunications Commission, was present. He stated that the annual registration would apply to all towers and communication structures and the process could become quite cumbersome. He also felt the Telecommunication Commission has not had adequate opportunity to "grill" the attorney and get questions answered. To the best of his knowledge, the Telecommunications Commission has not seen the revised ordinance. Mr. Henke indicated that he had concerns that he wanted to document but had not had adequate time to review this revised ordinance. Tim Johnson stated that he had contacted Linda Magee, Staff liaison to the Telecommunication Commission, and she indicated that they had adequately reviewed this ordinance. The Commissioners recommended that Mr. Henke submit his documented concerns to the City Council so that the proposed ordinance can be passed on for action. Motion by Ericson, seconded by Yehle, to recommend to the City Council the approval of Ordinance #1424, Columbia Heights Tower Siting Ordinance for the City of Columbia Heights, Minnesota, subject to review of Section 15, Annual Registration Requirements, as Ordinance #1424 as presented is generally consistent with Federal Telecommunication standards, and reflects the City of Columbia Heights development standards as they relate to telecommunication requests. Voice Vote: All Ayes. C. Zoning Ordinance. Due to the late hour of the meeting, this item was tabled until a work session scheduled for November 27, 2000 at 6:00 p.m. in the main City Hall Conference Room. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES NOVEMBER 8, 2000 Page 15 Motion by Yehle, seconded by Schmitt, to adjourn the meeting at 10:10 p.m. Voice Vote: All Ayes. Motion carried. Respectfull/y'~ubmitted, Kathryn Pepin Secretary to the Planning and Zoning Commission kp