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
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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
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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.
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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.
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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.
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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:
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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.
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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:
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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.
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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
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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:
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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.
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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
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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.
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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