HomeMy WebLinkAboutNovember 27, 2000CITY OF COLUMBIA HEIGHTS
$90 40TH AVENUE N.E., COLUMBIA HEIGHTS, MN $5421-3878 (6 ! 2) 782-2800 TDD 782-2806
PLANNING AND ZONING COMMISSION
SPECIAL MEETING- MINUTES
November 27, 2000
MEMBERS
Tom Ran=dell, Chair
Donna Schmitt
Ted Yehle
Stephan Johnson
Tammera Ericson
The November 27, 2000 special meeting of the Planning and Zoning Commission was called to order at 6:25 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), Ken
Anderson {Community Development Director), and Tim Johnson (City Planner).
NEW BUSINESS:
Public Hearing
Final PUD
Case #2000-0408
Real Estate Equities
Re: 825 N.E. 41" Avenue
Columbia Heights, Mn.
Mr. Tim Johnson, City Planner, informed the Commission that this case is a request for a Conditional Use Permit to
allow for Final Planned Unit Development (PUD) for the construction of a 50 unit senior assisted living building and
22 units of affordable rental townhomes. The rental townhomes will consist of four buildings. Buildings 1 and 2
will contain six units each, and Buildings 3 and 4 will both contain five units. He further stated that the Planning
Commission had approved the Preliminary Planned Unit Development in April 2000 and the City Council approved
the Preliminary Planned Unit Development at their November 13, 2000 meeting.
Mr. Johnson added that the affordable rental units will be developed at 13.33 units per acre. In addition, the
development will be a combination of 19 Low Income Housing Tax Credit (LIHTC) units and 3 Hollman units,
Multiple Housing Opportunities Program (MHOP). In addition, the assisted living senior building will consist of 50
units with of a total of 68 beds. There will be a total of 41 assisted living units and 9 memory care units.
Mr. Johnson provided a brief history of 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,
$30,000 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 and Crest View Corporation, who is partnering with Real Estate Equities on the assisted living senior
building.
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
SPECIAL MEETING- MINUTES
NOVEMBER 27, 2000
PAGE 2
NEI College of Technology has occupied the property at 825 N.E. 41" Avenue since 1982. He informed the
Commission that the original building was constructed in 1926 and was added onto 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 Central Avenue is currently a vacant lot owned by the Columbia Heights Economic Development Authority
(EDA). The property at 4156 Central Avenue is currently occupied by Citywide Locksmith, who has agreed to sign
a letter of intent to sell this property. The closing date is set for December 20, 2000. The property at 4157
Jackson Street has recently been acquired by Real Estate Equities.
As previously mentioned, 4157 Jackson Street and 825 N.E. 41't Avenue are 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. Mr. Johnson informed the Commission that the applicants have requested to rezone all
four properties to R-4, Multiple Family Residential, which will require a second reading at the City Council meeting
on November 27, 2000 for passage.
Mr. Johnson 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 adding that 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 rezonings are approved, the proposed lots will not abut an R-1 or R-2
District.
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No building within the development shall be nearer to another building than one-half the sum of the height
of the two buildings. The project as proposed meets this requirement.
Private access ways should be 24 feet or more in width. All access ways proposed shall have final review
and approval by Public Works.
No building shall be located less than 15 feet from the back of the curb on roadways and access ways, and
3 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"d Avenue NE. The proposed Building
2 of the rental units will be roughly 30 feet from the back of the curb along 41" Avenue NE, and the
proposed Building 4 is 25 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. 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 spaces are required for the rental units (17
PLANNING AND ZONING COMMISSION
SPECIAL MEETING- MINUTES
NOVEMBER 27, 2000
PAGE 3
garage spaces). In addition, six (6) additional spaces are required for the guest parking ratio. The proposal
includes 44 spaces (22 garage) for the rental units which meets minimum parking requirements as 39 total
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 NE. Also included in the proposal is an open
area between buildings 4 and 3 on Lot 1 which is approximately 6,800 square feet in size. He noted that
the subject property does not currently contain any "natural" areas, but the applicants have proposed
landscaping in a manner that will make it a passive amenity for the project. The pond area is roughly 9,539
square feet in size. This along with the open area combines for approximately 17% open space. The
applicants have submitted a landscape plan that proposes plantings along 41't Avenue and plantings in and
surrounding the townhome buildings. There are also plantings proposed around the senior complex. The
applicants have not proposed any landscaping along 42nd Avenue between Jackson Street and Van Buren
Street NE.
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. The proposed systems
have been reviewed and approved by the Public Works and Fire Departments.
A street light system shall be submitted for approval and all wires shall be below ground. Staff has
reviewed a revised lighting plan that does not exceed three foot candles at the property line.
As previously mentioned, the 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. Johnson 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). In addition, 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 spaces are required. He stated that the amount of parking proposed for the rental units
meets requirements.
Tim Johnson informed the Commission that for the purposes of parking and zoning requirements, the assisted living
senior building is being compared to a nursing home. He noted that the Zoning Ordinance does not specifically
identify assisted living senior facilities as a use, therefore, the most closely related use would be a nursing home. A
nursing home requires at least one parking space for each two beds for which accommodations are offered.
However, he stated that according to assisted living industry standards, one parking space is required for each two
units provided. The proposed assisted living building will have 50 units, therefore, under industry standards, a total
of 2§ parking spaces are required for the building, with 25 spaces proposed.
PLANNING AND ZONING COMMISSION
SPECIAL MEETING- MINUTES
NOVEMBER 27, 2000
PAGE 4
He added that the proposal indicates that 456 spaces will remain on-site for use by NEI College of Technology. The
Zonino 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 previously mentioned,
456 spaces will remain on-site which exceeds minimum parking requirements for NEI.
Mr. Johnson stated that the NEI College of Technology has maintained the position that they will need 500 parking
spaces to meet projected parking demands. As a result, the development proposal includes 44 on-street 'NEI permit
parking only' spaces from 7:00 a.m. to 3:00 p.m., Monday through Friday, excluding holidays, which will be utilized
on Jackson Street and 41" Avenue. 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 the proposed
accesses and recommended approval.
Mr. Johnson distributed copies of a faxed letter received at 4:49 p.m. today from the attorneys for NEI stating six
objections to this development. The letter states that they object to the current form of the PUD agreement as
follows:
Senior Housing Parking: the 25 spaces allocated to the Senior Housing parcel pursuant to Section 2D of
the Agreement are inadequate for the use of the property as a nursing home, per the City's Zoning Code,
Section 9.116(4)(n), which requires .5 spaces for each of the 68 beds planned for the Senior Housing
parcel.
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Senior Housing Density: The minimum lot area, per Zoning Code Section 9.110(4), is 10,000 square feet
for the first 4 units and 1,§00 square feet for each additional unit. As applied to the Senior Housing
parcel, the minimum lot size for the 50 unit project is 79,000 square feet. The Senior Housing parcel is
less than 79,000 square feet.
Rental Townhomes Density: NEI has not received satisfactory assurances that the Rental Townhomes
Parcel complies with the maximum density requirements of Section 9.110(4)
Senior Housing Height: There is no indication in the Agreement that the City complied with the
measurement standards set forth in Section 9.103(10) regarding measurement of building height. The
variance which has already been granted permits a maximum height of 40 feet. NEI needs adequate
assurances that the code measurement standards have been applied and will permit the construction of the
Senior Housing project pursuant to the project plans.
Characterization of NEI Use as Private Nonprofit Vocational School: Throughout the Agreement,
NEI is characterized as for "nonprofit" purposes. Because this characterization prohibits NEI, or its
successors, from using the NEI parcel for profit as well as nonprofit purposes, it is objectionable.
PLANNING AND ZONING COMMISSION
SPECIAL MEETING- MINUTES
NOVEMBER 27, 2000
PAGE 5
o
Utility Easements on New Plat Map: The proposed plat of the new subdivision creates utility easements
on the north and west sides of the subdivision, as well as the portion of Jackson Street which extends
onto the subdivision. We have not yet received a full-scale drawing of the new plat and, because we are
unable to determine whether NEI's parking and/or other rights are affected, we object to these easements
as well.
Mr. Johnson addressed each concern. In regard to #1, the Senior Housing Parking, he stated that the parking has
been addressed in terms of industry standards as the current Zoning Ordinance does not address this type of use. In
regard to #2, Senior Housing Density, Mr. Johnson stated that according to R-4 District guidelines, minimum lot
area shall be 10,000 square feet for the first four units. Each additional unit shall provide 1,500 square feet of lot
area. PUD Agreement evidently does not address density calculations for senior housing units. As applied to the
senior housing parcel, minimum lot area for 50 units should be 79,000 square feet. The senior housing parcel has
27,366 square feet. This leaves them 51,634 square feet less than that required. This can be added to the PUD
Agreement if need be. Regarding #3, Mr. Johnson stated that the maximum density of the townhome project
exceeds city requirements and is a nonissue. Regarding #4, Mr. Johnson stated the height of the senior housing
building was granted a five foot height variance by the City Council to allow a 40 foot height. He stated that #5
would have to be addressed by the City Council. Regarding #6, Mr. Johnson stated that the plat has been approved,
the utility easements vacated and new easements on the plat have been addressed at the City Council level.
Commissioner Yehle questioned the language for Condition #6 of the recommended motion pertaining to the
replacement of plantings and landscape materials. He asked that the motion state that "replacement plantings must
be installed at the sole expense of the developer in accordance with the approved landscaping plan rather than the
current language stating that "plantings to be installed". The Commission members concurred with this
recommendation.
Commissioner Ramsdell questioned Condition #5 of the recommended motion regarding the turning radius of the
alley and how that would be corrected to accommodate large semi-trucks with trailers.
Ken Anderson, Director of Community Development, was present and stated that several questions had been raised
by abutting commercial property owners regarding the possible inability for the delivery trucks serving the
commercial business to navigate the proposed turns in the alley. He stated that the City Public Works Director has
received templates from MnDOT to see if what is being proposed would work. He added that the City wanted to
reserve the right to make sure a problem did not occur with the alley width/radius. He added that the alleys are not
designed to accommodate heavy truck traffic.
Jack Pfaff, property manager of 4110 Central Avenue, was present to voice his general concern with the proposed
alley changes in order to accommodate his tenants and their delivery needs.
Commissioner Ramsdell stated that the concern would be also for future tenants needs as well as for the current
tenants.
PLANNING AND ZONING COMMISSION
SPECIAL MEETING- MINUTES
NOVEMBER 27, 2000
PAGE §
Ron Clark, owner of the 4110 Central property, was pre§sent to state that his tenants have no control over the
types of trucks that are used for delivery. He named three tenants that have delivery by eighteen wheelers any
where from once a month to six times per month. The alley is utilized for these deliveries.
Commissioner Ramsdell asked Mr. Clark if his concerns were with both turns in the proposed alley. Mr. Clark
responded in the affirmative.
Commissioner Ramsdell directed these concerns to the developer, Keith Jans, and stated that the turns should be
referred to a civil engineer for reconfiguration to accommodate the larger delivery vehicles. However, he stated that
alleys are not designed to carry semi-traffic. He added that he would hope the City Public Works Director would
look at "worse case scenarios" and felt that there was enough room to work it out in both areas.
Ron Clark stated that he was looking for a "spirit of cooperation" from the developer in this regard.
Ken Anderson stated that the Condition//5 of the recommended motion should take care of the concerns regarding
the alley radius.
Chuck Dettman, representing NEI, was present. He asked if the utility easements would be five or ten feet wide.
Staff stated ten foot width. He was concerned about whether the easements would allow the city to store snow
on the easement or if it was only for underground use. Staff informed him that the utility easement was only for
access to underground utilities.
Jim Rummel, representing Immaculate Conception Church, was present to state that storm water runoff was a
serious problem the last few years in the area and felt the storm sewer was not adequate as they have experienced
backup into their buildings. He understood that no improvements were being proposed to the area at this time but
asked if any improvements were proposed in the future.
Commissioner Ramsdell stated that there is a plan in place to eventually replace storm water systems in this sector
and referred him to the Public Works Director, Kevin Hansen. Mr. Ramsdell added that this development should not
make the problem worse.
Mr. Anderson stated that in the PUD Agreement, there is language pertaining to the on-street parking permits for
NEI on an annual basis. He added that NEI already issues parking permits to faculty and students. He suggested
that the Agreement be amended to allow NEI to issued the on-street parking permits. Commissioner Ramsdell
agreed that would be between the City, NEI and the Police Department.
Discussion was held regarding how to word an additional condition to the motion regarding the on-street parking.
Amy Demond, an attorney for Real Estate Equities, was present, and suggested that an amendment be made
regarding the on-street parking to read "Modify Section 3B of the PUD Agreement on Page 10 under "Issuance of
Permits" to reflect that NEI and the City agree upon a mutually acceptable permit issuance system for on street
parking".
PLANNING AND ZONING COMMISSION
SPECIAL MEETING- MINUTES
NOVEMBER 27, 2000
PAGE 7
Motion by Erickson, seconded by Ramsdell, to recommend to the City Council approval of the Conditional Use
Permit for the Final Planned Unit Development and accompanying PUD Agreement at 825 N.E. 41" Avenue, 4157
Jackson Street, 4150 Central Avenue, and 4156 Central Avenue, subject to the following conditions:
City Council adoption of Ordinances # 1411 and 1423, rezoning the subject properties to R-4, Multiple
Family Residential District.
City Council adoption of Parking Ordinance # 1426, to allow for 44 'NEI on-street permit parking only'
spaces.
Directional changes in the public alley shall be clearly signed and marked, and a traffic impact barrier and
guardrail shall be provided at the point where the alley turns away from Central Avenue to travel around
the proposed senior building, as well as a fence erected along the alley abutting Outlot B for safety
measures.
4. All engineered plans and specifications are subject to City Engineer review and approval.
The turning radius at the corner of the 14 foot wide alley intersection with the 23 foot wide alley (Outlot
D) is subject to City Engineer review and approval.
Landscape materials and plantings must be guaranteed to survive a minimum of two years. Replacement
plantings must be installed at the sole expense of the developer in accordance with the approved
landscaping plan.
Successful negotiation and approval of a development agreement(s) between the applicant and the
Columbia Heights Economic Development Authority/City of Columbia Heights.
Modify the PUD agreement on Page 10, Section 3B, Issuance of Permits, to reflect that NEI and the City
agree upon a mutually acceptable permit issuance system for on-street parking.
Voice Vote: All Ayes. Motion carried.
**THIS ITEM TO APPEAR ON THE CITY COUNCIL AGENDA FOR NOVEMBER 27, 2000.
STAFF REPORTS.
Tim Johnson explained the process to date regarding the rewrite of the City Zoning Ordinance. The following is
the discussion that entailed regarding the amendments and necessary changes to be made in addition to basic
typographical errors.
PLANNING AND ZONING COMMISSION
SPECIAL MEETING- MINUTES
NOVEMBER 27, 2000
PAGE 8
On page 4-2, discussion was held regarding the Development Review Committee and the fact that the Committee
shall be City Staff members as appointed by the City Manager. It was stated by staff that prior to applications
being sent on to the Planning and Zoning Commission, the information provided is submitted to the Public Works
Department, the Fire Department and the Building Official for review and comment.
On Page 4-3 under duties of the Planning Commission, #2 (Hear and make recommendations to the City Council
regarding all applications for an interim use permit) was supposed to be strikken.
On Page 4-3, #5 in same area was supposed to be strikken.
On Page 4-4, 9.403(6), Required Action. Discussion was held as to the proper time frames and if this pertained to
plats. It was noted that staff would check State Statute and refer to City Attorney. City Attorney stated that
there are separate statutes for plats and to incorporate the additional language. Recommended language: "Pursuant
to Minnesota Statutes 15.99, all applications for land use or development approval shall be approved or denied
.......................... ~ ........." ' -- c~t~ .......... per State Statute unless extended pursuant
~/Itlllll MU UQy~ IIUIII kll; UQLG IL~ UIII~IQI OllU ~UUIIII~,~IOII as ~
to Statute or a time waiver has been granted by the applicant".
On Page 4-5, 9.404(1)(a) Discussion was held regarding the generalized statement that everything requires
publication in the official newspaper which is not done currently and would be costly. It was determined that the
type of notification be listed for each type of action. Staff will be providing the list of actions to the City Attorney
and the Attorney will provide us with which type of notification is required for each action.
Page 4-5, 9.404(1)(b) the distance for notification to property owners should be changed to 300 feet, not 350.
Page 4-6, 9.405(3) shall have the last sentence amended to read "After the close of the hearing, the Planning
Commission shall render its findings".
Page 4-6, 9.405(4) shall be strikken.
Page 4-8, Section 9.407(6)(1) discussion was held as to how to indicate that economic hardship shall not be a
factor in determining a hardship. In referring this to the City Attorney, Mr. Hoeft stated that we should not add any
language regarding this as the "Required Findings" states that the City Council must find that each of the five
conditions exist in order to grant a variance and that we do not want economic hardship to even be considered. Jim
stated that if economic hardship is not addressed in the section, it is not allowed. He recommended not adding it.
Page 4-8, 9.408(1), the last sentence shall be amended to read "A conditional use permit is granted for a specific
use of a specific property, and may not be transferred to subsequent owner". The City Attorney stated that the
State Statute states that a conditional use permit may be transferred "as long as conditions agreed upon are
observed".
PLANNING AND ZONING COMMISSION
SPECIAL MEETING- MINUTES
NOVEMBER 27, 2000
PAGE 9
Page 4-10, #9, Discontinuance. Discussion resulted in change to read "When a conditional use has been established
and is discontinued for any reason for a period of one-year six months or longer .... "
Page 4-10, strike Section 9.409 Interim Use Permit.
Page 4-11, 9.410(4), change "the Planning Commission" to "the Traffic Commission" in both areas of paragraph.
Page 4-15, 9.415{2), Site Plan Review. Shall be amended to read "All site development plans for new development
or additions to nxisting structuros, other than one and two family residences, shall be reviewed and approved by
the Planning and Zoning Commission and Development Review Committee prior to the issuance of a building
permit". The second sentence shall be strikken.
Page 4-1§, #4, Required Findings, the second sentence should read "All findings and decisions of the Committee
a.,a., .or p,a., auuj.k., t~ app.a, t~ tho~,,,y ........... ,,,,,,,,.,," shall be forwarded to the Planning and Zoning Commission
for final decision. The next sentence should read "Th6 D~',~,~t ~vi~w C~,,-~,,'~",tm Planning and Zoning
Commission shall make each of the following findings before approving a site plan:"
Page 4-16, #5, Conditions of Site Plan Approval, shall read "The Development Review Committee and Planning
and Zoning Commission may impose conditions of approval on any site plan and require guarantees deemed
necessary to ensure compliance with the requirements of this Section".
Page 4-15, #6, Changes to Approved Site Plan, first sentence shall read "An approved site plan may not be changed
or modified without the approval of the City Zoning Administrator".
Page 4-16, #7, Expiration of Site Plan Approval, shall read "The approval of a site plan by th6 C~v~-,~nt
6ommittee Planning and Zoning Commiasion shall be valid for a period of one year.
Page 4-17, 9.417(3), Violations and Penalties, shall read "Any person, firm or corporation -~",~[;.t[~, violating any
of the provisions...".
The review at the regular meeting of the Planning and Zoning Commission will continue with Section 9.501, Page 5-
1.
Motion by Ericson, seconded by Yehle, to adjourn the meeting at 9:25 p.m. Voice Vote: All Ayes. Motion passed.
Secretary to the Planning and Zoning Commission
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