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HomeMy WebLinkAboutJanuary 6, 2004CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. cohtntbia-heights..u~.us MEMBERS Ted Yehle, Chair Donna Schmitt Gary Peterson Phi~lip Baker Marlaine Szurek PLANNING AND ZONING COMMISSION MEETING 7:00 P.M. TUESDAY, JANUARY 6, 2004 CITY HALL COUNCIL CHAMBERS 590 N.E. 40'r" AVENUE o e o o Roll Call. Minutes from the Planning and Zoning Commission meetings of October 28, 2003 and November 4, 2003 Public Hearings: Case # 2004-0101 Minor Subdivision Request, Resolution 2004-01 Parkside Village Townhomes 2"d Addition, 51st Avenue NE Osborne Builders New Business: Purchase of NEI Property at 825 41st Avenue NE Miscellaneous: Zoning Bulletin Adjourn 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 MINUTES OF THE REGULAR MEETING OCTOBER 28, 2003 7:00 PM The meeting was called to order at 7:00 pm by Chairperson, Ted Yehle. Roll Call: Commission members present- Peterson, Szurek, Schmitt, Bakerl and Yehle. Also present were Tim Johnson (City Planner), Bob Streetar (Community Development Director), Kevin Hansen (Public Works Director), Shelley Hanson (Secretary), Tami Ericson (Council Liaison), and Ciara Schlicting (From Dahlgren, Shardlow, and Lrban). Motion by Szurek, seconded by Schmitt, to approve the minutes from the meeting of September 2, 2003 as submitted All ayes. MOTION PASSED. PUBLIC HEARINGS Case #: 2003-1014-15 Preliminary Plat, Site Plan Review of Grand Central Lofts Applicant: Nedegaard Custom Homes Address: 4707, 4747, 4757, 4801, 4811, 4849 Central Avenue NE, Columbia Heights, MN Zoning: Transit Oriented Mixed Use Development District Nedegaard Custom Homes has requested the approval of the Preliminary Plat and Site Plan of properties located at 4707, 4747, 4757, 4801, 4811, and 4849 Central Avenue NE. Bob Streetar, Community Development Director, provided some background on the site and how a task force made up of residents, business owners, and the developer worked together to arrive at the concept being proposed in this plan. He then introduced Ciara Schlicting from Dahlgren, Shardlow, and Uban who made the presentation to the Commission and people in attendance. Ms. Schlicting explained this project is bounded by 49th Avenue on the north, Cheery Heights Neighborhood on the east, 47tn Ave on the south, and Central Avenue on the west. This new project area will be referred to as Grand Central Lofts. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 2 An application has been made by Nedegaard Custom Homes ("the Developer"), the owner of the subject property, for Preliminary Plat approval and Site Plan review for the Grand Central Lofts, a redevelopment of the Kmart Site. Proposed are 218 units of for-sale housing with price points ranging from $170,000 to $330,000. The housing includes three condominium buildings containing 66 units each and 20 townhomes in four groupings, with associated open space. Future phases of development will include a community center and commercial uses. Two actions will be taken by the Planning Commission--one for the Preliminary Plat and one for the Site Plan. The Preliminary Plat review only pertains to the portion of the Kmart redevelopment area that contains the vacant Kmart store and parking lot and the Arby's site. The Site Plan review pertains to the entire residential portion of the site plan except for design of the townhomes. The community center building design will be reviewed at such time as the final program and design of the center has been determined. The commercial site plan and building design will be reviewed as part of a future development phase. The Grand Central Lofts Site Plan has been designed in accordance with the goals and objectives of the Kmart Redevelopment Concept Plan developed by the Kmart Advisory Group under the guidance of the City Council. In May 2003, the City of Columbia Heights initiated a planning process for the Kmart Site for the purpose of creating a redevelopment plan for the outdated and mostly vacant retail center. Goals of the plan include more employment oppommities within the City, new housing option previously not available in the City, increased oPpommities for transit use, amenities to promote walking and biking, and an improved image and vitality of Central Avenue. A City Council-established citizen advisory group and the Developer worked closely to create the Concept Plan to meet the needs of both the community and the Developer. Planning Considerations Comprehensive Plan 1) Approval of the Comprehensive Plan designation for this site was recommended by the Planning Commission on August 2, 2003; approved by the City Council on August 11, 2003; and approved by the Metropolitan Council on August 21, 2003. 2) The Comprehensive Plan designation for the property is Transit Oriented Development. Specifically, the Comprehensive Plan states that these areas "will focus on the commuting needs of Columbia Heights residents. As a result, a higher percentage of service-oriented commercial/retail development will be necessary with high-density residential development providing the. balance of the development. Mixed-Use pedestrian-oriented development near transit nodes'will provide oppommities for high-density residential and neighborhood commercial development. Redevelopment of these areas will also provide the opportunity for pedestrian linkages to other parts of the community and improvement of the overall non- motorized circulation system within the community that will help improve the image of Columbia Heights." PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 3 3) The proposed Kmart redevelopment complies with the Comprehensive Plan designation: · The development is located along an existing transit route; · New residents will be able to commute to work via the existing transit routes; · The development will occur in phases, with the initial phase being high-density residential development. Subsequent phases will include commercial development and a community center. Patrons of the existing and new commercial areas will be able to patronize any new business via transit; · A high percentage of the area will continue to provide service-oriented commercial/retail along Central Avenue and new higher densi/y residential uses will balance the development and provide a transition'from commercial development to the adjacent residential areas; and · The development will provide pedestrian connections to and through the subject properties. Zoning Ordinance 4) 5) 6) 7) The zoning classification for the property is Mixed-Use District. The Planning Commission recommended approval of the rezoning on September 2, 2003. The first reading of the City Council for the rezoning was held on September 22, 2003. The second reading of the City Council was held on October 13, 2003. Rezoning officially takes effect on November 13, 2003. The purpose of the Mixed Use District is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly environment and pedestrian connections to and from residential development and transit facilities. The mix of land use shall be flexible to help facilitate a successful development. The minimum density allowed is 12 units/acre and the maximum density is 20 units/acre. The proposed Kmart redevelopment complies with zoning designation. The size of the subject property is approximately 14.91 acres. A total of 218 units are proposed for the site, for a density of 14 units/acre. Residential uses are comprised of three condominium buildings containing 66 units each and four groupings oftownhomes containing a total of 20 units. The proposed plat is divided into four outlots. Outlot A contains the three condominium buildings, community center and pond; Outlot B contains the 20 townhome units, open space, and ponds; Outlot C will contain commercial uses in future phases of development; and Outlot D is comprised of a sloped landscaped buffer that will be privately owned and maintained. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28,2003 PAGE 4 Circulation, Access, Parking and Sidewalks 8) Circulation through the site is provided through a new public right of way that hms along the western boundary of the site from 47th Avenue to 49th Avenue. A privately-maintained interior roadway circulates through the rest of the site providing access to the condominium garages and townhome garages, as well to the community center site and on-street parking spaces. 9) 10) 11) 12) The new right-of-way access at47th Avenue does not align directly with Tyler Street but is off set. It is not the ideal alignment, but given site constraints, City Staff finds it acceptable. The parking requirement for multiple family buildings is two covered spaces per every two- bedroom unit and one covered space for every one-bedroom unit. The condominium buildings meet this requirement. Each building contains a total of 66 units. There will be a maximum of 62 2-bedroom units and a minimum of 4 1-bedroom units. There will be 128 garage spaces per building, satisfying the requirements for both 1- and 2-bedroom units. The parking requirement for townhomes is two covered spaces per unit. There are 20 units, each with a two-car garage, for a total of 40 parking spaces. Additionally, there are 83 on-street parking spaces, for a total of 507 spaces at the development. The performance standards for the Mixed Use District require sensitivity to adjacent usable open space and include pedestrian/bicycle connections to enhance existing circulation patterns. The development will provide approximately 5 acres of green space (34% of site area) and .77 acres of sidewalks (5% of site area). The green space includes areas of open space surrounding ponds and buildings. The sidewalks consist of trails around open space areas, along the edges of the condominium buildings and sun'ounding the interior edge of the development. When Outlot C is developed in a later phase, the internal sidewalk on the 47th Avenue side of the development will be extended to Central Avenue. Additionally, staff encourages the extension of the sidewalk east toward Fillmore. The Fire Department indicated that access to the condominium buildings may be restricted. The comer radii of the privately-maintained interior roadway, which circulates around the condominiums, may not allow emergency vehicles (e.g., fire trucks) to move around freely. The turning radii of the interior roadways need to accommodate emergency vehicles. The on-street vehicle parking shown around two of the condominium buildings, Block 2 and Block 3, may restrict the access of fire equipment. Before final plat approval, the Site Plan will need to assure that adequate access to the condominium buildings is provided. Also, the location of the proposed fire hydrant located on the south side of 47th Avenue does not benefit the site due to topography. A fire hydrant should be located on the south side of Outlot A. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 5 Transit 13) The transit stop servicing northbound traffic currently stops just north of 47th Avenue, directly in front of Arby's. The transit stop servicing southbound traffic currently stops on the Hilltop side of Central, on the northwest side of 47th and Central. The development currently includes a sidewalk along the edge of the residential development along 47th Avenue, and will include a sidewalk link to Central Avenue as part of the development of the commercial parcel, Outlot C. The City Staff and the Developer have talked with Metro Transit about possible site improvements to the Metro Transit stops along the west side of Central Avenue to enhance transit use fi'om the development. The city and Developer agree that these improvements are crucial to drawing transit users from the development. Lot Lines and Setbacks 14) Building setbacks in the zoning district are regulated by the final site plan and development agreement approved by the City Council, based on the following findings: a) the setbacks provided adequate distances from uses in adjacent districts, and b) the setbacks maintain and enhance the character of the neighborhood in which the mixed-use development is located. The setbacks shown on the site plan provide adequate distances to adjacent properties and provide an urban character on the interior of the develOPment appropriate for mixed use development. 15) The preliminary plat and site plan show proposed land swaps occurring with the property at 4811 Central Avenue for the purpose of right-of-way configuration and the property at 4849 Central Avenue for the purpose of maximizing the amount of right-of-way, and therefore buffering, between the proposed roadway and the property located at 1040 49t~ Avenue. These land swaps must be completed and reflected on the final plan prior to approval of the final plat. Landscape Plan 16) The Developer has submitted a Landscape Plan in accordance with the requirements for site plans in the Zoning Ordinance. The Landscape Plan is well done and consistent both with the Zoning Ordinance and with the Highway District Design Guidelines. In fact, the Landscape Plan exceeds many of the requirements of the Ordinance with respect to plant sizes and quantities. The one aspect in which the Landscape Plan does not meet the Zoning Ordinance concerns coniferous plantings, although we believe the intent of the Zoning Ordinance is met. The Ordinance requires that the plantings include 25 percent Evergreens. The plans show 17 percent. However, the plan provides an excess of the required amount of street trees, with one tree per 30 feet rather than the required one tree per 50 feet. We believe that these additional streets trees maintain the integrity of the landscape design and balance out the need for additional evergreens. Adding more evergreens would mean removing street trees, and we find the plan as shown to be preferable. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 6 Minor revisions should be made to the Landscape Plan prior to final plat approval, with respect to the following issues: · The list of trees is extensive and should be reorganized to show the breakdown of trees into different categories and/or planting hierarchies for the site to ensure the trees are falling into appropriate categories (such as street tree species, open space species, water/pond edge species, and buffer/slope species). Specifically, certain trees shown would not be acceptable as street trees, such as Silver Maple or Willows; therefore categories should be clarified. · The stairway to 47th Avenue is shown on the site plan but is not noted on the Landscape Plan. This note should be added. · The plantings shown at the edge of trails ahd ponds are noted to be 6 to 8 ft in height. Confirmation should be made that the heights of these plants do not impact views into and out of.the open space. · A typical planting plan should be provided to show the types of plantings that will occur at the edge of private patios in the courtyard areas of the condominium buildings. · The Landscape Plan should include a note that addresses slope and general drainage. · Consideration should be given to breaking up the repetition of the privacy wall adjacent to the property at 1040 49th Avenue through varied heights of plants, such as shrubs and perennials. 17) The landscape plan shows buffering through plantings, fencing and a boulder retaining wall to buffer the property at 1040 49th Avenue from the new public roadway and access at 49th Avenue. The landscape plan is appropriate for purposes of providing an aesthetic and safety buffer, subject to confirmation to the City Engineer that adequate sight triangles are preserved from the new roadway toward 49th Avenue. Maintenance 18) The private elements of the developmer~t, including all buildings, private roads, sidewalks, ponds, open space, landscaping, including the landscape buffer adjacent to 1040 49th Avenue, and all utilities out of the public right of way will be maintained by the Grand Central Loft Homeowners Association in accordance with approved Homeowners Association covenants. Highway District Design Guidelines The Columbia Heights Design Guidelines were created to guide developers and businesses in the design of expansions, renovations or new construction of buildings or parking within the Central Avenue and'40th Avenue commercial corridors, and to assist City officials and staff in reviewing development proposals. The guidelines are mandatory, but the City may permit alternative approaches that meet the objectives of the design guidelines. The design district that is applied to the Grand Central Lofts is the Highway District. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 7 Architectural Guidelines 1) 2) 3) 4) Building Placement Objective: To orient non-residential buildings toward the street in order to improve its walkability, while creating oppommities for more internally-focused residential development. Residential buildings may be oriented toward Central Avenue or toward internal streets or courts, with side fagade parallel to Central Avenue. Fagades parallel to Central Avenue should be well-detailed and service areas should not be located along the Central Avenue frontage. The frontage should be appropriately landscaped. · The development meets this objective. The residential development is separated fi:om Central Avenue by existing commercial development. The residential development is focused toward internal courtyards and streets. The rear fagades of the western most condominium building and townhome grouping is parallel to Central Avenue and is well- detailed. Appropriate Iahdscaping is provided. Primary Facades and Roof Treatment Objective: To encourage attached residential and mixed- use buildings that are compatible with the prevailing single-family residential surroundings. Residential buildings may be designed with flat or pitched roofs. A variety of roof shapes and parapet details are encouraged; however, non-structural, purely decorative roof elements should be avoided. · The development meets this objective., The condominiums have a flat r6of and the entries and windows on the first floor relate to human scale. · The townhomes have pitched roofs with a variety of peak heights. The townhomes are complementary to the design of houses in adjacent neighborhoods and evoke the same design as the "northeast Minneapolis bungalow." Building Width and Fagade Articulation Objective: To add visual interest and variety to buildings and emphasize the pedestrian scale. The primary facades of buildings should be 40 ft. or more in width and should be articulated into smaller increments by following methods listed in the Design Guidelines to lessen apparent bulk. · The minimum fagade width of the cbndominium buildings exceed the 40 ft. requirement and are articulated into smaller increments by projections and balconies. · The minimum fagade widths of the townhome groupings exceed the 40 ft. requirement. The facades are articulated in part through windows, door and garage door placement. The facades are also articulated through the use of complementary materials, including stone veneer, stucco, copper roof structures over bay windows, decorative half timbering, and cedar brackets and along with other facade ornamentation. Building Height Objective: To create increased sense of enclosure, diminish the perceived width of the street, and provide opportunities for upper-story housing, offices or studios. Two and three story buildings are strongly encouraged. All buildings shall have a minimum cornice height of 22 feet. This height is adequate to achieve the building height objective, conveying a multi-story appearance even if the building has only one occupied floor. · The condominium buildings are 4 stories and approximately 43 ft. from foundation to the roof. · The townhomes are one and two stories. They have a maximum height of 36.5 feet and have the appearance of two stories. These buildings are in keeping with nearby single- and two-family housing units. 5) 6) 7) 8) PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 8 Transparency - Window and Door Openings Objective: To reflect the character of existing storefront commercial buildings, enliven the streetscape and enhance security by providing views into and out of buildings. For residential buildings, a minimum of 20 percent of primary (street facing) fagades and 15 percent of each side or rear facade shall consist of window and door openings as specified in the guidelines. · The condominium building contains entries, balconies and windows along the fi:ont and rear fagades and balconies and windows along the side facades to meet this requirement. The window shape, size and patterns emphasize the organization of the fagade and the definition of the building. · The townhomes include window and door openings to provide sufficient views out of buildings, and to provide a human scale and pleasant pedestrian experience. Entries Objective: To establish the visual impi)rtance of the primary street entrance, and to ensure that entries contribute 'to the visual attractiveness of the building and are readily visible. For residential buildings, primary building entrances should face the primary abutting public street or walkway, or be linked to that street by a clearly defined and visible walkway or courtyard. Additional secondary entrances may be oriented to a secondary street or parking area. Porches, steps, pent roofs, roof overhangs, hooded fi:ont doors or similar architectural elements should be used define the primary entrances to all residents. · The condominiums meet the objectives. · The townhomes meet the objectives. Rear Facade and Entries Objective: To improve the appearance of rear faCades, orient customers parking or walking to the rear of buildings, and provide safe and convenient access to all building entrances. · Each of the faq:ades of the condominium buildings and townhomes will be designed to the same high standard and meet this requirement. Building Materials Objective: To ensure that high-quality, durable and authentic building materials are used in residential and nonresidential construction. All buildings should be constructed of high-quality materials, including the following: brick; natural stone; precast concrete units and concrete block, provided that the surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three-dimensional character; stucco; jumbo brick may be used on up to 30 percent of any fagade, provided that it is used only on the lower third of the building wall; wood, consisting of horizontal lap siding with an exposure no greater than 5 inches or wood shakes (surfaces must be painted); synthetic wood (fiber cement) siding resembling horizontal lap siding. · The condominiums will be constructed of brick, stucco and siding. According to the Developer, the condominium exterior materials will be approximately 20 percent brick with two different colors, 20 percent stucco and about 60% acceptable siding materials. Final building plans shall be subject to the review and approval of the City Staff to ensure that the building materials and design meet the requirements of the Urban Design Guidelines for the HighwaY District. · The townhomes will be constructed of stucco with stone veneer and decorative half timbers. They will complement the materials used on the condominium buildings. Final building plans shall be subject to the review and approval of the City Staff to ensure that the building materials and design meet the requirements of the Urban Design Guidelines for the Highway District. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 9 9) lO) Rooftop Equipment Objective: To ensure that views of rooftop equipment from public streets or pedestrian ways are minimized. All rooftop equipment shall be screened from view from adjacent streets, public rights-of-way and adjacent properties. Preferably, rooftop equipment should be screened by the building parapet, or should be located out of view from the ground. · According to the Developer, rooftop equipment will be designed in accordance with this requirement. Final building plans for the condominium and townhouse buildings shall be subject to the review and approval of the City Staff to confirm that this requirement is met. Building Colors Objective: To ensure that building colors are aesthetically pleasing and compatible with their surroundings. Building colors should accent, blend with, or complement sun'oundings. Principal building colors should ~onsist of subtle, neutral or muted colors with low reflectance. Warm-toned'colors are encouraged. No more than two principal colors may be used on a faf adc. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building fagades. · The condominiums meet this requirement. · The townhomes meet this requirement. 11) Architectural Detailing Objective: To encourage new building design that echoes the design of the few iconic buildings that remain in Columbia Heights - notably the Heigh/s Theater - while enlivening building fagades and contributing to a human-scaled environment. Architectural details such as ornamental cornices, arched windows and warm-toned brick with bands of contrasting color are encouraged in new construction. The contemporary adaptation of historic and vernacular residential, institutional and commercial styles found in Columbia Heights and in Northeast Minneapolis is encouraged. · The condominium buildings meet this requirement. · The townhomes meet this requirement. Site Design Guidelines 12) Parking Location Objective: To improve the appearance and convenience of parking lot circulation for vehicles and pedestrians by breaking the parking area up into smaller units. · Parking for the condominiums is provided in underground garages and parking for the townhomes is provided in two-car garages. Visitor parking is located along the privately- maintained roadway, in accordance with these requirements. 13) Parking Area Screening Objective: To soften the appearance of parking areas when viewed from an abutting street or sidewalk and to screen parking areas from residential yards. · The landscape plan for the development illustrates that these requirements are met. 14) Structured Parking Objective: To ensure that parking structures are compatible with sun'ounding buildings and make a positive contribution to the streetscape. Entrance drives to structured parking (including underground parking) should be located and designed to minimize interference with pedestrian movement. Pedestrian walks should be continued across driveways. · The underground condominium parking garages will project out between 1 to 4 feet above ground according to the site topography. According to the Developer, these will be architecturally designed to match the Highway District Design Guidelines. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 10 Placement and Screening of Service, Loading and Storage Areas Objective: To screen viexvs of service and loading areas, and to ensure that the noise impacts of these functions are fully contained and not audible from surrounding streets and properties. Screening must be provided in accordance with the Zoning Ordinance. · The landscape plan for the development illustrates that these requirements are met. 16) Pedestrian and Bicycle Access Objective: To ensure that pedestrians and bicyclists have safe and convenient access to all business establishments to all business establishments. · The proposed development includes a sidewalk and trail network throughout the site. This includes trails around ponds with open space areas, along the edges of the condominium buildings and surrounding the interior edge of the development. When Outlot C is developed in a later phase, the internal' sidewalk on the 47th Avenue side of the development will be eXtended to Central Avenue. Additionally, staff encourages the extension of the sidewalk east toward Fillmore. The development also includes a sidewalk connection to the 49th Avenue right-of-way. · A completion of a link should be provided from the interior trail system on Outlot B west toward the public roadway. A link currently exists to the gazebo, and then from the gazebo to the pool. A link should also extend around the outside edge of the pool west to the roadway. 17) Signs Objective: Signs should be architecturally compatible with the style, composition, materials, colors and details of the buildings and with other signs on nearby buildings. Signs should be an integral part of the building design. · According to the Developer, there will a monument sign for the project. Detailed plans for the sign must be submitted to City Staff for review and approval to confirm that the sign meets the Design Guidelines prior to final plat approval. Lighting Objective: To ensure that safe and attractive lighting levels are provided around all buildings and parking areas, without excessive glare or brightness. Exterior lighting should be the minimum necessary for safety and security. Lighting should be designed to coordinate with building architecture and landscaping. Building mounted fixtures compatible with building facades are encouraged. · The Developer has submitted a site lighting plan showing the location of site lighting. · Lighting fixtures must be reviewed and approved by City Staff to ensure conformance with Design Guidelines, prior to final plat approval. · The Developer must submit a lighting spread pattern map to the City Engineer for review and approval that shows boarder illumination not to exceed the maximum allowable foot candles at the property line, prior to final plat approval. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 11 Kmart Redevelopment Concept Plan The Grand Central Lofts Site Plan has been designed in accordance with the goals and objectives of the Kmart Redevelopment Concept Plan developed by the Kmart Advisory Group under the guidance of the City Council. In May 2003, the City of Columbia Heights initiated a planning process for the Kmart Site for the purpose of creating a redevelopment plan for the outdated and mostly vacant retail center. Goals of the plan include more employment opportunities within the City, new housing option previously not available in the City, increased opportunities for transit use, amenities to promote walking and biking, and improving the image and vitality of Central Avenue. A City Council-established citizen advisory group and the Developer worked closely to create the Concept Plan to meet the needs of both the cormnunity and the Developer. Residential Goal The Grand Central Lofts site plan meets the stated goal for residential development, which is to "provide the City of Columbia Heights a variety of housing types, styles and choices to meet the needs of the community. The main objectives for the residential development include: · Provide a diversity of housing choices that will satisfy customer preferences for'this location · Support appropriate urban housing densities along with performance standards to create financial value and achieve strong purchasing power to support neighborhood service businesses. · Promote a redevelopment concept that creates an attractive urban neighborhood that includes housing amenities such as decks, open spaces, gathering areas, recreational amenities, pedestrian ways, landscaping and green spaces to ensure a safe functional and desirable living environment. · Successfully integrate the new neighborhood into the surrounding older established . neighborhoods. · Require high quality community design and construction standards." Parks, Open Spaces and Natural Environment Goal The Grand Central Lofts site plan meets the intent of the stated goal for open space, being that the redevelopment "will include a neighborhood park that will act as the focal point for the neighborhood and provide an amenity to the surrounding community. A series of trails and landscaped boulevards will connect the park to the elements within the development and to the adjacent neighborhoods. A stairway connection will also be provided from the development up to 47th Avenue to provide access to the adjacent neighborhoods. The existing slope along the eastern edge of the site will be enhanced with terraced walls, native landscape materials and stormwater enhancements. Other sloped areas throughout the development will receive the same type of treatments." The concept plan suggested that the location of the open space extend westward to abut the Central Avenue commercial development. This created a view and connection from Central Avenue into the open space. The Grand Central lofts, site plan provides ponding and the community center site adjacent to the new right of way, east of the commercial development, limiting the view of the interior open space from Central Avenue. Consideration should be given as to how the view and connection from Central Avenue to the open space may be enhanced. PLANNING & ZONING MINUTES OCTOBER 28, 2003 PAGE 12 Therefore, it is the recommendation of staff and the task force to approve the Preliminary Plat as it is found to meet the following Findings of Fact established in Section 9.411 (6) of the Zoning Ordinance for Preliminary Plats. 1. The proposed Preliminary Plat conforms to the requirements of the Subdivision Ordinance. 2. The proposed subdivision is consistent with the Comprehensive Plan. The proposed subdivision contains parcel and !and subdivision layout that is consistent with good planning and site engineering design principles. Site Plan Staff also recommends approval of the Site Plan as it also meets the following Findings of Fact established in Section 9.413 of the Zoning Ordinance for Site Plan Review. 1. The Site Plan conforms to all applicable requirements of this Ordinance. 2. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. o The Site Plan is consistent with the applicable area plan. The Site Plan has been designed in accordance with the goals, objectives and concept plan of the Kmart Site Redevelopment Concept Plan. 4. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. At this time Commission Chair Yehle opened up the Public Heating. He reminded residents that no one is guaranteed a view forever. He listed several examples around Columbia Heights and Minneapolis of views that have changed due to re-development. Kevin Doty of 1845 Fairway Dr. asked who would be responsible for infra-structure improvements such as water and sewer. He also questioned plans for rain water/storm water nmoffand whether any of the new housing will be used for Section 8 purposes. Kevin Hansen, Public Works Director answered his questions. He told him it is the responsibility of the developer to pay for the infrastructure changes and improvements for the project. And these residential units are not for Section 8 housing. They will be sold in the range of $170,000 to $330,000 and are geared to be owner-occupied. Ken Myhre of 114! Cheery Lane has lived there since 1990. His concern was his nice view being taken away and he feels the present owners in the neighborhood shouldn't be ignored. He was shown projected views that were taken from three points in Cheery Heights. After seeing what the view is projected to look like, he thought the plans were acceptable. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 13 John Kalata of 1144 Khyber Lane said the height of the proposed construction was lowered from 52 feet to 43 feet. He thinks that was a nice compromise and acceptable. He is pleased with the cooperation shown by the developer to accommodate some of the concerns of area residents. It was also explained that a retaining wall and a double row of trees will be placed along the east side of the development to buffer the new units from the Cheery Heights Neighborhood. John Feges from Nedegaard Homes explained the placement of the sidewalks and how they will tie into those on 49th Avenue. Pastor Bob Lyndes said he is in favor of the development. He said it will bring people to this community, add to our propertY' tax revenue, increase school revenues, and be an asset to the community as a whole. Keith Dreyer of 1041 49th Avenue is concerned about the added traffic on 49th Ave with the opening of the new road. He believes the traffic count is already too high on that street. Kevin Hansen reported that a traffic study had been done in August and it was adjusted for seasonal changes such as school being in session. The study showed that it wouldn't create problems except possibly during the morning school rush. The sight distances coming in and out of the proposed street location were designated as good. He said the study indicated approximately 900 vehicles per day would be added to the current traffic count of 5400 on 49th Ave with the new development. He said the traffic count on Central Avenue is approximately 28,000 ,p~er d,ar~Y, and that MN DOT is currently doing a timing study of the lights on Central Avenue from 40 - 53 and that the timing of the lights may be changed to help traffic flow. Commission member Baker asked about the big hill behind K-Mart and how it would be stabilized. Kevin Hansen explained that the storm water currently drains to the north to 49th Avenue and is not directed down the hill. He said Engineered plans will be submitted and reviewed as part of the development building review process for any/etaining wall or erosion control due to the change of elevations between this property and the existing neighborhood to the east. Kevin Hansen was asked about the existing watermain and whether it could be re-used. He said if it is in good condition, they would have the right to do so. Bruce Nawrocki of 1255 Polk Place asked whether the developer would be responsible for the expense of putting the new road in to 49th Avenue. He was told, yes. Mr. Nawrocki also wanted to make sure the conditions of approval were read to those in attendance for the record. Schmitt asked about the ponds that will be created. She wanted to know if they were going to have water in them at all times or just used for storm water. She was told they would hold water all the time, but the level..would go up due to storm water nmning into those ponding areas from time to time. With that the hearing was closed. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 14 Preliminary Plat Motion by Peterson, seconded by Szurek to recommend that the City Council approve the Preliminary Plat of Subdivision subject to the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. An approved Preliminary Plat shall be valid for a period of one year from the date of City Council approval. In the event that a final plat is not submitted within this time period, the Preliminary Plat will become void. 2. The proposed land swaps shown on the preliminary plat concerning the properties located at 4811 and 4849 Central Avenue must be completed and reflected on the final plat prior to final plat approval. .... 3. The Developer must obtain the approval of Anoka County on the 49th Avenue access prior to approval of final plat. 4. The Developer must submit plans to MnDOT for review and recommendation prior to approval of final plat. 5. The public roadway curbing should be a B618 design. 6. The City's requirement for intersection clear zone or a 30-foot triangle must be maintained at the public road access on 49th and 47th Avenues. '7. The Developer must make a park dedication contribution in the amount of $163,5OO prior to approval of the final plat. 8. If stormwater is to be conveyed off site following the same discharge route as it currently follows, the preliminary plat must include a utility easement. This utility easement must be added to the preliminary plat prior to review of the preliminary plat by the City Council. 9. Data on the public road curve should be included on the preliminary plat prior to review of the preliminary plat by the City Council. 10. The written legal description on the preliminary plat should be reviewed as the distances do not match what is shown on the drawing. The legal description must be corrected prior to review of the preliminary plat by the City Council. 11. The Developer must explain why there is a change in the public road right-of-way width from 50' to 55' and back to 50' to the satisfaction of the City Engineer or revise the right of way width per the direction of the City Engineer prior to review of the preliminary plat by the City Council· 12. A storm water management plan, meeting the requirements of City Code Section 9.609 will be required prior to final plat approval. 13. Catchment area maps and stormwater water calculations must be submitted and approved prior to final plat approval. 14. The proposed surface water ponding plan generally meets the minimum requirements for the l O0-year storm event. Please provide supporting documentation for the WRMP policy of "new development shall incorporate storm water controls to prevent any increase in peak disch, arge rates, "for the critical storm event. 15. The existing K-Mart property drains through a CMP storm line into Central Avenue, through private property. The condition of the line requires replacement to Central. 16. A detailed erosion control plan should be prepared and submitted with the final plans. 17. If the project is going to be phased, the erosion control plan should be representative of the phasing plan. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28,2 003 PAGE 15 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. All Ayes. A site gradingplan will be requiredprior to.finalplat approval If the site will not be mass graded, a phasing plan should be included £f the proposed retaining wall exceeds f our feet in height, the final plans should include a wall design by a registered engineer. Any site grading prior to .final plat approval will require an excavation permit, obtained from the Engineering department. The Developer must address how will the steep slopes on the entire east side, part of the south and bordering the westerly commercial property will be restored and maintained with the submittal of the .fnal plat. An NPDES permit will be required All public utilities shall meet the City of Columbia Heights specifications. All utility work shall be consistent with the City of Columbia Heights specifications, at a minimum. The plans should indicate what existing watermain will be utilized and what main will be abandoned. The method of abandonment (or removal) should also be indicated. All public watermain should be minimum 8 inch in diameter. Include adequate valving for water main isolation. The Development shall provide the City of Columbia Heights with as-built drawings of all newly constructed utilities. The Homeowners Association covenants will be submitted to the City Attorney and City Engineer for review and approval prior to final plat approval. Afire hydrant should be located on the south side of Outlot A. MOTION PASSED. Site Plan Motion by Yehle, seconded by Peterson to approve the application for Site Plan, including the design of the condominium buildings, based on the Findings of Fact and subject to the following conditions of approval that have been found to be necessary ensure compliance with the requirements of the Zoning and Development Ordinance: 1. The approval of a Site Plan by the Planning Commission shall be valid for a period of one year. 2. Final building plans for the condominium and townhouse buildings shall be subject to the review and approval of the City Staff to ensure that the building design meets the requirements of the Urban Design Guidelines for the Highway District, prior to issuance of any building permits. 3. All outstanding items listed under Highway District Urban Design Guidelines on pages 5- 9 of this report must be submitted to City Staff. 4. Detailed plans for the monument sign must be submitted to City Staff for review and approval to confirm that the sign meets the Design Guidelines prior to final plat approval. 5. £ighting fixtures must be reviewed and approved by City Staff to ensure conformance with Design Guidelines, prior to final plat approval 6. The Developer must submit a lighting spread pattern map to the City Engineer for review and approval that shows boarder illumination not to exceed the maximum allowable foot candles ai the property line, prior to final plat approval. 7. The Developer must work with City Staff and the Fire Department to assure that the Site Plan provides adequate building access and circulation for emergency vehicles, prior to final plat approval. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES OCTOBER 28, 2003 PAGE 16 NEW BUSINESS None MISCELLANEOUS Yehle reminded members of the joint Holiday Dinner that will be held December 10 at Murzyn Hall to honor those who volunteer their time on various boards and commissions. He also reminded members of the regular meeting on Tuesday, November 4, 2003 at 7 pm when plans will be reviewed for Heights Rental Center that will be located on 51st Court. Motion by Baker, seconded by Schmitt to adjourn the meeting at 8:30pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Secretary PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING NOVEMBER 4, 2003 7:00 PM The meeting was called to order at 7:00 pm by Chairperson, Ted Yehle. Roll Call: Commission members present- Peterson, Szurek, Schmitt, Baker, and Yehle. Also present were Tim Johnson (City Planner), Shelley Hanson (Secretary), and Tami Edcson (Council Liaison). Approval of the October 28, 2003 minutes was tabled until the December meeting as commission members did not have time to review them prior to the meeting. PUBLIC HEARINGS Case #: 2003-11 '16-17 Site Plan Approval, Conditional Use for Outdoor Storage Applicant: Columbia Heights RentalwRJ Ryan Construction Address: 5045 & 5065 51st Court, Columbia Heights, MN Zoning: General Business This is a request from R.J. Ryan and Columbia Heights Rental for Site Plan Review to construct a new facility on the vacant land behind White Castle on 51st Court, and a request for a Conditional Use Permit to allow for outdoor storage accessory to the business. Columbia Heights Rental Center recently purchased the vacant land behind White Castle on 51st Court for the purpose of constructing a new rental center. They own all 3 vacant parcels which include 5045, 5065, and 5075 51st Court totaling 2 acres, but are only proposing to construct on the south 2 parcels of 1.02 acres. They have proposed to build a new 5,500 square foot (40 X 136) retail and office showroom store housing equipment for rent. The plans are to construct a new facility fronting on 51 st Court facing west that showcases design features consistent with the new Columbia Heights Design Guidelines. The proposed construction schedule from start to completion is approximately 4 months, beginning next spring. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 2 The north floor plan of the facility is being designed to offer an office/showroom, with the rest of the building functioning as a party goods and industrial equipment storage area. The proposed site design will include an off-street parking facility on the north side of the building, which will also provide access to the rear loading and storage area via an access gate. There will also be a fenced-in paved area on the east side designated for outdoor towable storage items and operable Rental Center vehicles and equipment. There will be an access gate on the south side of the site to allow for vehicles and rental equipment to exit. The site has no pdor building history, and as such has always been a vacant parcel of land. In 1991 the City of Columbia Heights approved a site plan for a 2-story office complex, which was never built. Planning Considerations: Comprehensive Plan: The 2001 City Comprehensive Plan designates the property for future commercial use, which promotes commercial service development such as what is proposed. Zoning Ordinance: The Zoning Classification for the property is General Business. Offices, and retail sales and service businesses are permitted uses in this district. Outdoor Storage is allowed by conditional use. Highway District Design Guidelines The Columbia Heights Design Guidelines were created to guide developers and businesses in the design of expansions, renovations or new construction of buildings or parking within the Central Avenue and 40th Avenue commercial corridors, and to assist City officials and staff in reviewing development proposals. The guidelines are mandatory, but the City may permit alternative approaches that meet the objectives of the design guidelines. The design district that is applied to this site is the Highway District. The applicant has designed the site plan and elevations in harmony with the goals and objectives of the Columbia Heights Design Guidelines, even though as mentioned before, aren't officially adopted yet. 1) Building Placement Objective: To orient non-residential buildings toward the street in order to improve its walkability, while creating opportunities for more internally-focused residential development. Nonresidential buildings should have a well-defined front facade with entrances facing the street. a. The development meets this objective. The development features well-defined front, and side facades visible from 51't Court and Central Avenue. 3) 4) 5) 6) PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 3 2) Primary Facades and Roof Treatment Objective: Nonresidential or mixed-use buildings may be designed with fiat or pitched roofs. The base or ground floor of the building should include elements that relate to the human scale, including texture, projections, doom and windows, awnings, canopies or ornamentation. · The development meets this objective. The building proposed has a fiat roof, with entries, a variety of pedestrian-friendly doors and windows, color variations, many canopies, and defined building texture that relate to the human scale and help to define the primary faEade. Building Width and Facade Articulation Objective: To add visual interest and variety to buildings and emphasize the pedestrian scale. The primary facades of buildings should be 40 ft. or more in width and should be articulated into smaller increments by following methods listed in the Design Guidelines to lessen apparent bulk. · The building facade has been broken up broken up through several techniques and meets this requirement. The facades are articulated in part through window and door openings, various textures including stamped aggregate finishes, and smooth troweled accent bands. The facades are also articulated around the entire building with burgundy canvas awnings, along with decorative light fixtures. Building Height Objective: To create increased sense of enclosure, diminish the perceived width of the street. Two and three story buildings are strongly encouraged. All buildings shall have a minimum cornice height of 22 feet. This height is adequate to achieve the building height objective, conveying a multi-story appearance even if the building has only one occupied floor. o The building is one story in height. The cornice height will actually be 24 feet at the northwest entry point, but will achieve a consistent cornice height of 22 feet around the building and will have the appearance of a two-story building. Transparency - Window and Door Openings Objective: To reflect the character of existing storefront commercial buildings, enliven the streetscape and enhance security by providing views into and out of buildings. For commercial or office uses, a minimum of 20 percent of primary (street facing) fac,.ades and 15 percent of any two side or rear fa(~ades shall consist of window and door openings as specified in the guidelines. · The proposed building contains entries, doors and windows along the front, side and rear facades that meet this requirement. The window shape, size and pattems emphasize the organization of the facade and the definition of the building. Entries Objective: To establish the visual importance of the primary street entrance, and to ensure that entries contribute to the visual attractiveness of the building and are readily visible. For nonresidential buildings, primary building entrances should face the pdmary abutting public street or walkway, or be linked to that street by a clearly defined and visible walkway or courtyard. Additional secondary entrances may be odented to a secondary street or parking area. Entries shall be designed with a variety of attractive features. · The bulTding meets the objectives as the building provides two entrances, one facing 51st Court and the other facing the off-street parking lot. The entry features a raised parapet, display windows, and canvas awnings. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 4 7) 8) Rear Far_,.ade and Entdes Objective: To improve the appearance of rear far,,ades, odent customers parking or walking to the rear of buildings, and provide safe and convenient access to all building entrances. · The rear entry has been designed with a canvas awning and meets this requirement. Building Materials Objective: To ensure that high-quality, durable and authentic building materials are used. All buildings should be constructed of high-quality materials, including the following: brick; natural stone; precast concrete units and concrete block, provided that the surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three-dimensional character; stucco; jumbo brick, and EIFS. Buildings 100 feet or more in width shall employ at least two masonry types or colors on the pdmary far,,.ade. · The building will be constructed of a precast t=abcon material with an aggregate finish. The applicant has proposed a new product type stamped aggregate finish in two complementary colors that give the wall a textured look and achieve a three- dimensional character. Staff believes this to be a design that meets the objectives and intent of the guidelines. The primary facade is proposed with two masonry colors; an off-white and plum finish. 9) Rooftop Equipment Objective: To ensure that views of rooftop equipment from public streets or pedestrian ways are minimized. All rooftop equipment shall be screened from view from adjacent streets, public rights-of-way and adjacent properties. Preferably, rooftop equipment should be screened by the building parapet, or should be located out of view from the ground. · Any rooftop equipment will be designed in accordance with this requirement. The cornice height will be approximately. 4 feet higher than the actual roof line which will be sufficient for screening any mechanical rooftop units. 10) Building Colors Objective: To ensure that building colors are aesthetically pleasing and compatible with their surroundings. Building colors should accent, blend with, or complement surroundings. Principal building colors should consist of subtle, neutral or muted colors with Iow reflectance. Warm-toned colors are encouraged. No more than two principal colors may be used on a fa(;ade. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building fac,,ades. · The building meets this requirement. Wa/Tn-toned plum and off-white co/ors are the primary colors proposed for the front and side facades. A smooth trowel rose-colored accent band is featured on the front facade. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 5 11) 13) 14) 15) 16) Architectural Detailing Objective: To encourage new building design that echoes the design of the few iconic buildings that remain in Columbia Heights - notably the Heights Theater - while enlivening building facades and contributing to a human-scaled environment. Architectural details such as ornamental cornices, arched windows and warm-toned brick with bands of contrasting color are encouraged in new construction. The contemporary adaptation of historic and vernacular residential, institutional and commercial styles found in Columbia Heights and in Northeast Minneapolis is encouraged. · The building meets this requirement as thb building is designed with warm-toned and contrasting colors and architectural detailing. 12) Awning Objective. To encourage the use of awnings as a way to shelter customers, reduce glare and conserve energy, and provide additional accent color to building facades. Where awnings are desired, canvas or fabric awnings should be used, rather than wood or metal. · Red Canvas awnings are featured on all the building elevations and meet this requirement. Parking Location Objective: To ensure than buildings, rather than parking lots dominate the appearance of the streetscape. · Parking for the building is proposed on the north side and is set behind the building facade so as to soften the paved area in accordance with these requirements. Parking Area Screening Objective: To soften the appearance of parking areas when viewed from an abutting street or sidewalk and to screen parking areas from residential yards. Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscaping and decorative fencing or similar features to screen parked cars. · The landscape plan proposes a COmbination of trees, shrubbery, and decorative fencing that meets this requirement, and also provides necessary screening from adjacent residential properties. Placement and Screening of Service, Loading and Storage Areas Objective: To screen views of service and loading areas, and to ensure that the noise impacts of these functions are fully contained and not audible from surrounding streets and properties. Screening must be provided in accordance with the Zoning Ordinance. · The 6-foot high fence and the landscape screening proposed meet this requirement.. Signage Objective: Signs should be architecturally compatible with the style, composition, materials, colors and details of the buildings and with other signs on nearby buildings. Signs should be an integral part of the building design. · According to the Developer, wall signage is proposed on the west building facade. Plans for signage must be submitted to City Staff for review and approval to confirm that the signage meets the Design Guidelines and Zoning Ordinance requirements. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4,2 003 PAGE 6 17) Lighting Objective: To ensure that safe and attractive lighting levels are provided around all buildings and parking areas, without excessive glare or brightness. Exterior lighting should be the minimum necessary for safety and security. Lighting should be designed to coordinate with building architecture and landscaping. Building mounted fixtures compatible with building fagades are encouraged. · The Developer has submitted a site lighting plan showing the concentrations and location of site lighting in accordance with City requirements. Complementary building mounted fixtures are proposed. Non-residential building/parking setbacks: · Minimum front yard building setback is 15 feet; The proposed building meets this requirement as it is 15 feet from the property line. While the building foundation is set back at 15 feet, the ordinance allows for architectural features such as awnings to be p/aced in the setback areas. · Minimum rear yard building setback is 20 feet; The proposed building meets this requirement, as it is 55 feet from this property line. · Minimum side yard building setback is 0 feet; The proposed building meets this requirement, as it is more than 50 feet from either side property lines. · Minimum parking setbacks are 15 feet from the front and 5 feet from the side and rear property lines; Off-street parking proposed meets City reguirements as parking is located 15 feet from the front property line, 5 feet from the side property line, and 15 feet from the rear property line. Parking area requirements: Minimum requirements for office/showroom are one space per every 300 square feet of gross floor area; Outdoor storage requires one space per 3,000 square feet; The site plan shows 22 off-street parking spaces proposed, with the requirement being 19. There is one handicapped space shown which meets accessibility requirements. The parking lot will be accessible from 51~t Court, and as mentioned will feature a 6-foot high chain-link fence with privacy slats to conceal the outdoor towable storage area. It should be noted that the lighting plan for the parking and storage areas submitted provides details on the footcandle measurements. These measurements meet the City requirements for lighting intensity. In addition, the site plan shows an outdoor propane tank and related equipment in the northeast comer of the parking lot. In accordance with safety guidelines, the propane tank wi//be protected by steel bo/lards spaced accordingly around the equipment. There are no screening guidelines required for propane tanks, however the landscaping plan and decorative fencing proposed will help to minimize this necessary site feature. However, propane tanks are required to be a minimum distance of 25 feet from adjacent structures, which this site plan accomplishes. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 7 Landscaping/screening: The site plan proposal also includes a landscaping plan, which provides details on plant and tree numbers, locations, and species. The ordinance requires a minimum of one tree for every 50 feet of street frontage, or a minimum of 4 trees for every one-acre of lot area covered by buildings, parking area, etc. The site requires 11 trees per landscape standards. The Design Guidelines also require that parking areas adjacent to public streets or sidewalks be screened with a combination of landscape material and decorative fencing sufficient to screen parked cars. The landscaping plan includes 25 trees consisting of maple, spruce, and crab varieties. In addition, a variety of shrubbery, rock mulch, and sod is proposed for groundcover, as well as a landscaped curb island designed to break up the parking lot area. The plan proposed exceeds minimum City landscaping standards. The trees, shrubbery and decorative fencing proposed along 51't Court as you enter the parking lot will provide a nice screening feature. In addition, the non hard-surface areas on the project site will be sodded and mulched, and an underground irrigation system will be installed for all sod and planting areas. It should also be mentioned that because of proximity to the proposed fence and changing elevations on site, it is anticipated that all or most of the existing trees on the east side of the site will have to be removed. The contractor will make every effort to save existing trees, but this may not be feasible. However these trees will be replaced by additional plantings such as Colorado Blue Spruce and Flowering Crab varieties that will be consistently spaced as a vegetative buffer along the easterly property line. Access; Grading/Drainage; Water~Sewer Issues: The proposed building will be served by Central Avenue but specifically by 51st Court, which should provide for adequate ingress and egress. The existing roadway system is sufficient to handle anticipated traffic flow related to the site. City Engineer Kevin Hansen has also reviewed the site plan and grading/drainage and utility plans. The plan directs the stormwater and impervious surface runoff to an on-site pond and away from adjacent properties. The City Engineer has indicated that the plans proposed are adequate, with some minor changes to be made before excavation and building permit review. The Fire Department has also reviewed and approved the plans with no concerns. Performance Standards - Outdoor Storage Areas: · Outdoor storage area shall be accessory to a commercial or industrial use. The outdoor storage area proposed is an accessory part of the rental center business. · Outdoor storage within the public right of way is prohibited. The outdoor storage area will not impact the public right of way. · All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. The outdoor storage area meets all the required setbacks from property lines. · Outdoor stqmge areas shall be located in rear or side yards behind the front building line of the principal structure. The outdoor storage area is located behind the building line facing 51st Court and continues around to the rear of the building. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 8 · The storage area shall be fenced and screened from adjacent uses and the public right- of-way. Required screening shall consist of a fence, wall, berming, and/or vegetation no less than 6 feet in height and no less than 80% opaque on a year round basis. The proposed outdoor storage area will be screened by a 6 foot high chain-link fence with privacy slats that will achieve the desired opacity, and will be complemented by additional plantings to provide a landscape buffer. · All goods, materials and equipment shall be stored on an impervious surface. All outdoor storage and driving areas are proposbd to be paved. · All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. The storage and pick-up area provides ample space to meet this requirement. · The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. The 6-foot high privacy fence along with the proposed vegetation and plantings will achieve the objective of concealing outdoor storage items other than operable truck and equipment rental Conditional Use Permit Required Findings: The Zoning Ordinance requires that certain findings are necessary in order to determine if outdoor storage meets the identified standards from the zoning ordinance. These standards are: · The use is one of the conditional uses listed for the zoning district in which the property is located; Outdoor storage is listed as a conditional use in the GB District. · The use is in harmony with the general purpose and intent of the Comprehensive Plan; Retail and office/showroom uses and their accessory storage are allowed in the GB District. · The use will not impose hazards or disturbing influences on neighboring properties; The accessory outdoor storage proposed will be screened with both fencing and plantings so as to provide an appropriate buffer from adjacent residential properties. · The use will not substantially diminish the use of property in the immediate vicinity; The accessory outdoor storage proposed should not have the effect of substantially diminishing adjacent uses of property. · The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area; The accessory storage proposed will be appropriately fenced/screened with plantings that should blend in with the existing character of the district, and should not negatively impact the existing character of the vicinity. The property has always been zoned for commercial use and as such meets the intent of the district guidelines. The outdoor storage proposed for the site includes towable items and rental trucks. Only rental trucks would be visible from adjacent properties. Also, the facility will continue to operate under similar hours, which are typically 7 am to 6 pm, Monday through Saturday. · The use and property upon which the use is located are adequately served by essential public facilities and services; The property is currently served by adequate public roadways and necessary City utilities. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 9 · Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic; The proposed Columbia Heights Rental Center office/showroom should not generate excessive traffic that the existing 51st Court roadway system can,t handle. · The use will not cause a negative cumulative effect on other uses in the immediate vicinity; As indicated by prior descriptions, the proposed office/showroom and related accessory storage area should not have a negative impact on other uses in the immediate vicinity. Because the site is located a block east of Central, and is located behind White Castle, the site will be more sheltered from passerby, but will be partially visible from Central Avenue. · The use complies with all other applicable regulations for the district in which it is located; As determined by staff, the use complies with the applicable regulations of the General Business District and Design Guideline Overlay District. Site Plan Review Required Findings: The Zoning Ordinance requires that certain findings are necessary before approvir~g a site plan: · The site plan conforms to all applicable requirements of this Ordinance; Per staff review, the site plan meets all applicable requirements of the GB District. · The site plan is consistent with the applicable provisions of the City's Comprehensive Plan; The proposed use is compatible with the future commercial land use designation for this parcel. · The site plan is consistent with any applicable area plan; The proposed use is compatible with all City plans and guidelines for this district. · The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way; There are no anticipated adverse impacts of the proposed facility on the adjacent area. Therefore, Staff recommends approval of the Site Plan proposal and CUP for Columbia Heights Rental to construct a new 5,500 square foot structure with outdoor storage on the property at 5045 and 5065 51st Court. Yehle expressed his desire to see the property developed with such a nice looking business. Schmitt asked whether the business would have a monument sign or just the wall signage as indicated on the plans. Johnson said the only thing proposed at the present time is the wall signage on the building. She then questioned the 6-7 ft high fence around the storage area. She thought there was a six foot maximum height. Johnson explained that in a commercial zone a 6-8 foot height is allowed. Most of the outside storage items will be in the enclosed area, so it will not be an eyesore to the surrounding properties. Schmitt asked whether the 25 trees being planned for the site were new trees or if that number included some of the existing trees. Johnson indicated .the owners want to save as many of the existing trees and buffer vegetation as possible, but the 25 trees mentioned in the plan are the number of new trees being added to the site. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 10 Schmitt questioned whether the holding ponds were designed to hold water at all times or just when storm water fills them. Johnson stated the ponds will be located on the south side of the building and that the Public Works Director is requesting they be fenced for safety purposes. The Public Works Director stated in his report that the designed ponding areas would be sufficient to handle the storm water drainage. Baker asked whether the garbage dumpsters would be placed in the fenced area to the east of the building. The owner responded that the business doesn't generate much garbage and yes, the dumpster would be placed in that area. Frank Novotny of 1061 Polk Place expressed concern that his house is at a higher elevation than this property and he is concerned about his view if a lot of items would be stored outside, and drainage problems. Johnson answered his questions about the storage items and went over the landscaping being proposed for the site that will buffer the business from the existing homes located to the east of the property. Victor Weiz of 1051 Polk Place also was concerned about the amount of outside storage that would occur. The owners spoke with him and he seemed satisfied with the information he was given. Motion by Szurek, seconded by Baker, to approve the Site Plan for Columbia Heights Rental for a 5,500 square foot facility, on the properties at 5045 and 5065 51't Court, as the Site Plan meets required findings and subject to the following conditions of approval that have been found necessary to ensure compliance with the requirements of the Zoning and Development Ordinance: 5. All ayes. All required state and local codes, permits, licenses and inspections will be met and in full compliance. Final review and approval of grading/drainage, utility plans by City Engineer and Fire Chief. Approved landscaping and screening shall be installed in conjunction with site development and prior to issUance of a final certificate of occupancy. Cash escrow of'S1,500 shall be submitted for engineering inspection and erosion control. The approval of the Site Plan shall be valid for a period of one year. MOTION PASSED. Peterson commended staff for the presentation and completeness of the staff report. He stated that the detailed information provided makes it easier to make an educated decision regarding projects brought before the members. Motion by Yehle, seconded by Peterson, to recommend the City Council approve a Conditional Use Permit for Columbia Heights Rental to allow for outdoor storage in conjunction with the primary business at 5045 and 5065 51~ Court as the requested Conditional Use Permit for outdoor storage meets all required performance standards and required findings. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES NOVEMBER 4, 2003 PAGE 11 The Conditional Use Permit will go to the City Council for their apprOval on November 10, 2003. Szurek commended the owners on the design of the building. She likes the colors and thinks it meets the objectives of the Design Guidelines. She also stated she is glad they are staying in Columbia Heights. The owners then thanked Planner Johnson for his help and guidance in preparing the plans for consideration. They thought staff did a good job offering suggestions that were workable to accomphsh their goal. ' NEW BUSINESS None MISCELLANEOUS Yehle wanted to comment on something he had recently observed while shopping locally. He witnessed several items being . discarded in local parking lots that made the site look trashy. He encouraged residents to take care of our community and to help keep it clean. He wants to portray a better image of our community. Peterson invited the residents of the community to attend the 3rd Annual Holiday Kick Off that will be held on November 29 at Murzyn Hall. The funds raised by this event will go to the future Community Activity Center for the youth of our City. There will be a social hour starting at 5:30 pm, with dinner, a silent auction, and entertainment to follow. Anyone interested in attending can obtain tickets from him or by stopping by Jeff, Bobby and Steve's. The cost is $20/each. Motion by Peterson, seconded by Szurek, to adjourn the meeting at 8:00 pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson Secretary Case: 2004-0101 Page: 1 CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE #: 2004-0101 DATE: December 30, 2003 TO: Columbia Heights Planning Commission APPLICANT: Osbome Builders LOCATION: Parkside Village 2"d Addition (5:1st Avenue) REQUEST: Minor Subdivision - Plat Adjustment PREPARED BY: Tim Johnson, City Planner Introduction: This is a request from Osbome Builders for Minor Subdivision approval for Parkside Village Townhomes. Osborne is proposing to reduce the overall number of units in the de. velopment from 25 to 22, make lot line adjustments to the otginal plat, and adjust the building footprints accordingly. The site was platted as Parkside Village by Nedegaard Homes and approved by the City in July 2002. The first building site of 6 units facing 51st Avenue was constructed and finished in 2003. Osbome'Builders has purchased the remaining three building sites from Nedegaard Custom Homes and will assume the developer role for build-out of this project. Nedegaard Custom Homes has decided to focus on other pdority projects, such as Grand Central Lofts (Kmart) and Ramsey Town Center. Osborne Builders have proposed to change the current platted footprints for each building site, slightly modify the floor plans, and drop one unit from each remaining-building site. The first six-unit building facing 51st Avenue was previously constructed, and will not change. The existing infrastructure and bituminous surface including visitor parking for the site was also previously constructed and will function 'as is'. The formedy approved building footprints will be adjusted slightly to accommodate a modified floor plan that is better suited to current housing market demand. This action will be taken by the Planning Commission: · Motion on the Minor Subdivision (approval of Resolution 2004-01) Plannin.q Considerations: Comprehensive Plan: The 2001 City Com. prehensive Plan designates the property for high-density residential use, which is proposed for this site. Zoning Ordinance: Case: 2004-0101 Page: 2 The Zoning Classification for the property is R-3 (Multi-Family). The proposed use will not change and meets the ~ning classification. Highway District Design Guidelines: The site is not in the Design Guidelines ara, and as such this requirement is'not applicable. Site Plan Requirements: The proposed minor subdivision does not significantly impact the former site plans. There will be some very slight modifications in roof lines, topography, but the former approved elevations will not change. The overall site plan is modified slightly by the proposed minor subdivision. The only substantive and recognizable change is the reduction of 3 total units from the odginal approvals. The access, parking areas, easement areas, walkway around the perimeter of the development, and the trail connection to Sullivan Lake Trail are not impacted by this proposal. Site Plan review is not required for this proposal as the changes are minor in nature. However, the new site plan, elevations, and floor plans have been included for your reference. Residential building setbacks/lot coverage: · Minimum front yard building setback is 30 feet; The existing building meets this requirement as it is 30 feet from the property line. · Minimum rear yard building setback is 30 feet; The proposed building m~ets this requirement, as it is 30 feet f/om this property line. The ordinance does allow for architectural features as encroachments up to 3 feet into the/equired setback area. · Minimum side yard building setbacks is 20 feet; The proposed buildings meet this requirement, as they are more than 20 feet from either side property lines. · Maximum building lot coverage is 35% of the total site. The total site area is 2.27 acres (99,138) square feet. The proposed building sites cover approximately 32, 683 square feet or32.9% of the site and meet this requirement. Platting: Parkside Village was formedy platted as: · Block 1, Lots 1-5 (This is being replaced by Block 3, Lots 1-4) · Block 2, Lots 1-7 (This is being replaced by Block 2, Lots 1-6) · Block 3, Lots 1-6 (The building was built, this legal will not change) · Block 4, Lots 1-7 (This is being replaced by Block 1, Lots 1-6) Minor Subdivision Required Findings: The Zoning Ordinance requires that certain findings are necessary in order to confirm that the minor subdivision proposed meets the identified standards from the zoning ordinance. These findings are: · The proposed subdivision of land will not result in more than three (3) lots. Although this minor subdivision is made up of 16 land parcels, these 16 parcels are not newly created parcels. They were platted in 2002. There are actually 3 less parcels in the newly proposed minor subdivision. · The proposed subdivision of land does not involve the vacation of existing easements. The existing drainage and utility easements will be maintained for the site. · All lots to be created by the proposed subdivision conform to lot area and width requirements established for the Zoning District in which the property is located; The Case: 2004-0101 Page: 3 proposed lots meet all Zoning Dist#ct standards pertaining to lot requirements. · The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property; Dedication of#ght-of-way is not required for this project. The current access for the property is not changing. · The property has not previously been divided through the minor subdivision provisions of this ordinance; The property was platted in 2002, and has not since been subdivided or modi§ed. · The proposed subdivision does not hinder the conveyance of land; The proposed subdivision does not affect land conveyance. · The proposed subdivision does not hinder the. making of assessments or the keeping of records related to assesments; The p~oposed subdivision does not impact assessments and related records. · The proposed subdivision meets all of the design standards specified in Section 14 (Subdivision Regulations); The minor subdivision proposed meets all required Subdivision Regulations specified in Section 14. CONCLUSION Recommendation: Staff recommends approval of the Minor Subdivision proposal from Osbome Builders to modify the original Parkside Village plat. Recommended Motion: Move to recommend City Council approval of Resolution 2004-01, a Minor Subdivision for Parkside Village 2nd Addition, as the IVinor Subdivision meets required findings, and subject to the following conditions of approval that have been found necessary to ensure compliance with the requirements of the Zoning and Development Ordinance: All required state and local codes, permits, licenses and inspections will be met and in full compliance. The applicant shall provide required utility and drainage easements for all newly created lots and shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing pdor to subdivision, except when such fees have been applied to the property as part of a previous subdivision. The applicant shall be responsible for filing the approved subdivision survey with the Anoka County Recorder's Office. The approved minor subdivision shall become invalid if the subdivision is not filed with the Anoka County Recorder's Office within one (1) year of the date of City Council action. Attachments: Minor Subdivisi~)n/Oveday map; Narrative; Resolution 2004-01; Site Plan; Elevalions; Floor Plans OSBORNE BUILDERS, INC. 5869 HACKMANN AVE NE FRIDLEY MN 55432 OFFICE: (763) 502-6765 CELL: (612) 363-6512 12-17-03 To the City Planning Commission and City Council of Columbia Heights. I, John Osborne, president of Osborne Builders Inc, have purchased three building sights from Nedegaard Construction. The three sights are located in Parkside Village, 2 blocks west of Central Ave. and on the north side of 51st Ave. The three building sights will complete Parkside Village's town home structures. The sights have been approved previously to accommodate 2-7 unit buildings and 1-5 unit building. It is the intension of Osborne Builders Inc. to build 2-6 unit buildings and 1-4 unit building in place of what was originally approved by the City of Columbia Heights. The proposed buildings will astatieally represent the building presently on the property. The dimensions of the proposed buildings have slightly changed yet still meet setbacks and easement requirements set forth by the city. Sincerely, John D. Osborne, president Osborne Builders Inc. RESOLUTION NO. 2004-01 SUBDIVISION REQUEST CITY OF COLUMBIA HEIGHTS 590 - 40TH AVENUE N.E. COLUMBIA HEIGHTS, MN 55421 I, John Osborne, President of Osborne Builders, Hereby requests a minor subdivision of property legally described as: Block 1, Lots 1-5; Block 2, Lots 1-7; Block 4, Lots 1-7 and all of Outlot A; Parkside Village; Auditor's Subdivision No. 51, Anoka County, Minnesota. THE DESCRIPTIONS HENCEFORTH TO BE: Block 1, Lots 1-6; Block 2, Lots 1-6; Block 3, Lots 1-4 and all of Outlot A; Parkside Village 2nd Addition; Auditor's Subdivision No. 51, Anoka County, Minnesota Any pending or future assessments will be levied according to the new split as approved this day. Any lot split given approval shall become invalid if the resolution, motion or other Council action approving the said lot split is not filed with the County Recorder within one (I) year of the date of the Council action. PLANNING & ZONING DEPARTMENT ACTION: Signature of Owner, Notarized This ~ day of ,2004 Owner's Address Offered by: Telephone No. Seconded by: Roll Call: Zoning Officer SUBSCRIBED AND SWORN TO BEFORE ME this ~. day of ,2004 CITY COUNCIL ACTION: Notary Public This __ day of Offered by: Seconded by: Roll Call: ,2004. Secretary tothe Council FEE $150.00 Julienne Wyckoff, Mayor DATE PAID 12-17-03 RECEIPT No.: 45604 Iz O0'6LL ~ .~,~.68 S 3 ,,~Z.9~.68 S Z I I I I I I I I John Oliver ~ A~l~t~a, ln~ A~ /-~k. JI.Jl I k../I \ ~.~ S 8g"36'23" Ir 224.00 125,17 I N~_Y. C: C~ --I (.,r) C: u I N 89'¢4.'24' W 179.00 ) I I I ~) rj ", / I I I ,x LI V H 89*44'24.' W 179.00 m CE E~ --~ (/) (f) CE CD --~. N 8g'44'24" W 224.00 I; PARKSIDE VILLAGE 2ND ADDITION COLUMBIA HEIGHTS, MN FOR: OSBOURNE BUILDERS PRELIMINARY PLAT DESIGN BY: DRAWN BY: CHECKED BY; D~ FILE: TEXT FILE: FILE NO.: PMW 1268 PRE PLAT 1268.20-101 DESCRIP130N ~ :'ON a',e ~-o'o .... .or.~ ~o'.-.,~.or~,.,,..e DNla'llRIB :~u ~ ~,-~ (-,)~.-~-.~. r..) 8~3091n8 3N~nOBSO L '--~ I I---I I F--~ I 7--1 I J ~ ~- I -- I ...... I I ~-- I -- 8 '· j ::[ --~--' L ~--' '-' ~l JkJ V I II/ x ~:J~Jt ~1( ~', ,,, -~ ,,., ~ .~ r ,.~ ~ ......... ~ ..... ~ .... ~- :~ I~ ';' ~O']~NO ~_ '~, .~. (/) Z' -- L f--~ I I---I I i---~ I 7--1 I  -- I -- I ...... I I ~-- I -- j =:[ ---}--' L ~;..H--','-'l v_/?-;'i ,-m 8 i -'~ / \ \-/'7 i-I I A q~-II~.X J' I -[~./ V I II/ \ ~-J~d t '~.~J(-1 wi('''~ T~I ,,, -~ ,,., I .~ r ,.= ~q ,~T ~J I I t.. I I I ,,_~ - ~ ..... ~--a ..... I- J--F-n r-- ~--~ - ......... j_ ..... ~. .... ~ ~. oo-e/., M .,~',tt.., · ~_ ,~ v :o'::no _~- .)_ '*;, .~'. r , c I . CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E.. Columbia Heights. MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: ww~:ci, cohunbia-heights, mn.us COMMUNITY DEVELOPMENT DEPARTMENT Mayor Julienne Wyckoff Councilmembers Bobby Williams Tarnmera Ericson Bruce Ketzenberg Bruce Nawrocki City Manager Walter R. Fehst Date: To: From: Re: December 26, 2003 Planning and Zoning Commission Tim Johnson, City Planner Acquisition of NEI property at 825 41st Avenue NE The existing NEI property at 825 41st Avenue NE is in the process of being acquired by the Columbia Heights EDA. State statute requires that the Planning Commission be notified of the intent to purchase land. However, At this time no specific redevelopment plan has been proposed for the site. The EDA intends to acquire this parcel in anticipation of clearance/demolition of the currently distressed building, for a potential redeveloPment oppommity. Minnesota Statute 462.356 requires that if a City has a Comprehensive Plan, it must notify the Planning Commission of the intent to purchase or sell land. The City Comprehensive Plan designates this property for Transit-Oriented Development and the Zoning is R-4, Multi-Family Residential. Future housing or a mixed-use project for this site would be consistent with the City Comprehensive Plan. Recom tn ended Motion: Move to convey to the Columbia Heights City Council that the purchase of the NEI property located at 825 41st Avenue NE by the Columbia Heights EDA would comply with the City's Comprehensive Plan. THE CiTY Of COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT or THE PROVISION OF SERVICES EQUAL OPPortUNiTY EMPLOYER u.I co ~ n- _j ._1 · I 50TH ANNIVERSARY Zoning Bulletin VOLUME 50 QU13tLAN PC,'BLISHINO GROUI' www. zoningbulletin, com in thin issue: Nonconforming Use -- Ice cream stand owner claims denial of menu expansion discriminatory .......................................... Page 2 Adult Entertainment w Board ignores its own study's findings. Page 3 Conditional Use -- Permit imposes conditions on use of ambulance sirens ............... ; ...................................................... Page 4 Variance -- Owner claims denial of variances for mentally ill housing was discriminatory ..................................................... Page 5 Discrimination w Other restaurants had drive-through windows approved .......................... ; ........................................ Page 6 Discrimination ~ City denies building permit for low-income housing ..................................................................................... Page 7 g g~, Proof of racially discriminatory intent or purpose was required to show a violation of the Equal Protection Clause. The statements of the city residents, and of the mayor sufficed. Given the fact racial stereotypes prevalent in our society associated blacks with crime, drugs, and lower class status the statements could have been viewed as expressions of racial bias against blacks." Buckeye Community Hope Foundation, see Page 7. Publisher: E. Michael Quinlan, Esq. Manaot'ing Editor: Patricia J. Lloyd, Esq. Editor in Chief: Dustin C. Rowles, Esq. Editors: Amy Williams Bemstein, Sarah Pascarella, Patrycja Pasek, Carol Johnson Perkins, Esq., Amanda M. Telford, Elizabeth A. Wheeler, Esq.. Graphic Design: Carolyn Hoy, Jennifer Fleming The publisher is not en~a~md in rendedng ~ or ~ professional advice and assumes.no res~:~nsibility f~r the tlen~ ~ncl ar~ nflen aneciflc to o~o iurisdictio~ only. The gllormalic~ ner~ln 18 flor I~m~ r,.~na t~ ~, [ ~. ~ ,u~ t~ ~ ~, ~ , attorney or other professional The entire content of this ~r~.._m'.i~s. ~c~:~ri~.~t~d~b~. the p~. b~she, r a.n,.d...m_E_n~, ~orl~intc~arin~al w~out prior permission, contac~ Copyright C~aranco use. Contact punster ~or other roonnt m~u~. We r,~pect your privacy., you do not w~.. ni your nam~ third parties, please lei us kn by ng you . Quinlan Publishing Group ^s,,,, Publishing Co. ZONING BULLETIN ISSN 0514-7905 23 Drydock Ave., Boston, MA 02210-2387 (617) 542-0048 fax: (617) 345-9646 email: info@quinlan.com http://www.quinlan.com Copyright~2002 Page 8 www. zoningbulletin, com Z.B. The foundation sued the city, requesting a court to order building permits issued and seeking damages based on racial bias in violation of the Equal Pro- tection Clause. The foundation argued the city improperly gave effect to the racial bias of the citizens by allowing the referendum. The city requested judgement without a trial to dismiss the Foundation's claims. On appeal, the federal district court granted the city judgement without a trial and dismissed the Foundation's racial discrimination claims. The court stated that the city's evidence of discriminatory intent was lacking; it had merely followed the city charter, which required it to postpone issuing building per- mits until the referendum vote. DECISION: Judgment reversed.- A trial was' needed on the Foundation's claims of racial discrimination. Proof of racially discriminatory intent or purpose was required to show a violation of the Equal Protection Clause. The statements of the city residents, and of the mayor sufficed. Given the fact racial stereotypes prevalent in our society associated blacks with crime, drugs, and lower class status the state- ments could have been viewed as expressions of racial bias against blacks. As such, by opposing the housing project, the city gave effect to the racial bias of the citizens. Because the city acted to effectuate the racially motivated desires of residents, and because it knowingly pursued policies that appeased those who expressed bigoted views by allowing the referendum, the city could have violated the Equal Protection clause. Thus the lower court should have denied the request to dismiss the Foundation's claims, and the case had to go to trial. CitatiOn: Buckeye Community Hope Foundation v. City of Cuyahoga Falls, 6th U.S. Circuit Court of Appeals, No. 99-4555 (2001). The 6th Circuit has jurisdiction over Kentucky, Michigan, Ohio, and Tennessee. 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