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HomeMy WebLinkAboutJuly 7, 2004PLANNING .~ND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JULY 7, 2004 7:00 PM The meeting was called to order at 7:00 pm by Secretary Shelley Hanson. Roll Call: Commission Members present-Peterson, Schmitt, Baker, Szurek. Also present were Ellen Berkelhamer (City Planner), Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). ELECTION OF NEW CHAIR PERSON: Due to the resignation of Ted Yehle, Commission member Baker made a motion, seconded by Schmitt to appoint Gary Peterson to serve as Chair for this Commission. All ayes. MOTION PASSED. SWEARING IN NEW MEMBER: Our new Commission Member, Rob Fiorendino, was sworn in to serve on the Planning and Zoning Commission with his term expiring April 2006. The Commission members welcomed Rob. Motion by Schmitt, seconded by Peterson, to approve the minutes from the meeting of April 16, 2004. All ayes. MOTION PASSED. PUBLIC HEARINGS Case 2004-0701 Final Plat of Subdivision/Signage Plan 4747 Central Avenue NE Nedegaard Custom Homes Grand Central Lofts (Generally bounded by 49t" Street on the north, Cheery Heights neighborhood on the east, 47"~ Street on the. south and Central Avenue on the west) In October 2003, Nedegaard Custom Homes ("the Developer"), the owner of the subject property, received Site Plan approval and a recommendation of Preliminary Plat approval from the Planning Commission for the Grand Central Lofts, a residential redevelopment of the Kmart Site. In November 2003, the City Council approved the Preliminary Plat of subdivision for the Grand Central Lofts. On July 7, 2004, the Developer appeared before the Planning Commission for review of the Final Plat of subdivision and additional Site Plan review for approval of the sign design. The two actions to be taken by the Planning Commission, therefore, will be a motion on the Final Plat and a motion on the Site Plan concerning signage. PLANNING & ZONING COMMISSION MINUTES PAGE 2 JULY 7, 2004 Planning Considerations Consistency with Comprehensive Plan, Zoning Ordinance and Design Guidelines As discussed by the Planning Commission and City Council during the review of the Preliminary Plat, the development is in conformance with the City's Comprehensive Plan and Zoning Ordinance requirements for the Transit Oriented Mixed Use District and with the Design Guidelines for property in the Highway District. Consistency with Preliminary Plat The Preliminary Plat addressed the entire portion of the Kmart redevelopment area that contained the vacant Kmart store and parking lot and the Arby's site. The Final Plat covers this same area but at this time only plats individual lots for the three condominium buildings, one grouping of three townhome units, the community center site, the Arby's site, the stormwater retention area, and a portion of the new public roadway extending from 47th Avenue NE. A second final plat will be brought forward by the Developer in the near future to plat the remainder of the townhome units and the remainder of the public road. The final plat is being brought forward in two pieces because the Developer has not yet acquired all of the property or easements necessary to construct the entire length of the public road from 47th Avenue NE to 49th Avenue NE. City staff has no concems with the division of the final platting process in this manner. 49th Avenue Right-of-Way o Since the approval of the Preliminary Plat, Anoka County has reviewed the proposed development plan and determined that an additional 27 ft. of right-of-way must be dedicated to the County from the new 49"~ Avenue access west to Central Avenue for the future installation of a right-turn lane into the development. The Developer has shown this proposed dedication at the intersection of the new public street and 49~ Avenue, covering all of the property controlled by the Developer adjacent to 49~h Avenue at this time. Signage Plan Section 9.1205 of the Zoning Ordinance provides Performance Standards for mixed-use developments, including that signage shall be allowed in conformance with the approved site plan and development agreement, and that freestanding monument signs shall use the same extedor materials as the principal buildings. When the Planning Commission originally reviewed the Site Plan, the Developer had not yet prepared a signage plan. A condition of approval .of the Preliminary Plat was that the signage plan be submitted and reviewed prior to Final Plat approval. The signage plan for two monument signs has now been submitted, and staff finds that the plan meets the intent of the Design Guidelines, which require the following for freestanding signs: · Ground or monument signs are allowed. · Sign materials, colors and architectural detailing should be similar to those of the principal building. · The area around the base of the sign should be landscaped. All signs are subject to review and approval of sign permit applications, and all signs must comply with required setbacks and requirements for intersection clear zones, maintaining a 30 ft. triangle at the public road access on 49th and47th Avenues. PLANNING & ZONING COMMISSION MINUTES PAGE 3 JULY 7, 2004 Site Plan Changes Approved Administratively At the time of the Preliminary Plat approval, the Developer proposed to construct 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 include a community center and commercial uses. While preparing the Final Plat, the Developer determined that it could accommodate 70 units in each of the three condominium units for an overall total of 230 residential units in the development. Section 9.413 of the Zoning Ordinance addresses changes to approved site plans and states that "(a)n approved site plan may not be changed or modified without the approval of the City Zoning Administrator (City Planner). If the proposed change is determined by the Zoning Administrator to be minor in nature, a revised site plan may not be required. In all other cases, a revised site plan shall be submitted for review and approval in accordance with this Section." The City Planner and Community Development Director determined that that the proposed increase in units constituted a minor change as long as each building contained the parking spaces required to accommodate the increase in units. The City's Zoning Ordinance requires that for multi-family structures, one parking space be provided for every one-bedroom unit and two parking spaces be provided for every two-bedroom unit. With 32 one bedroom units and 38 two bedroom units, 108 parking spaces are required. Each building is proposed to contain 112 parking spaces, which exceeds this requirement. The City Planner, Community Development Director, Public Works Director and Assistant Fire Chief all reviewed the plans for the proposed increase in units and reviewed the layout of the proposed internal parking area to ensure that parking for the additional four units per building was able to be accommodate pursuant to the Zoning Ordinance and Building Code. Therefore, through this planning report, the City Planner is approving the increase from 66 units per condominium building to 70 units per building. Findings of Fact Final Plat Based on the discussion above, the Final Plat of Subdivision is found to meet the following Findings of Fact established in Section 9.412 (6) of the Zoning Ordinance for Final Plats. 1. The Final Plat substantially conforms to the approved Preliminary Plat. The Final Plat conforms to the approved preliminary plat and includes revisions or modifications that were listed as conditions of approval of the preliminary plat. 2. The Final Plat conforms to the requirements of the Subdivision Ordinance. The list of attached conditions of approval ensures that the Final Plat conforms to the requirements of the Subdivision Ordinance. PLANNING & ZONING COMMISSION MINTUES PAGE 4 JULY 7, 2004 Site Plan: Signage Plan Based on the discussion above, the Site Plan is found to meet 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. The signage plan meets the applicable requirements for Signs in the MXD Mixed Use Distdct contained in the Zoning Ordinance. 2. The Site Plan is consistent with the applicable provisions of the City's Comprehensive Plan. The signage plan complies with the Zoning Ordinance, the tool for implementing the Comprehensive Plan. 3. 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. The proposed monument signs will be required comply with all required setbacks and the City's requirement for intersection clear zones and maintain a 30 ft. triangle at the public road access on 49"' and 47th Avenues. Recommendation Staff recommends approval of these requests. Planner Berkelhamer stated that all the items noted in the memo from the Public Works Director have been met, as well as the three bumpouts required by the fire Dept. Planner Berkelhamer explained that staff will remove whatever conditions have been met before it is presented to the City Council at the August 9"~ meeting. QUESTIONS FROM COMMISSION MEMBERS Commission member Baker asked how much the elevation would be changed at this site. Roger Humphrey, the Engineer for this project, stated the area where the condo building will be placed will remain about the same, the ponding area will be changed approximately 4-5 feet and there will be approximately 10 feet taken off the bank. There was a discussion regarding the design and market value of the condo units. With the revised plans, there will be 230 finished unit ranging in price from $170,000 to $330,000. Three of the units are being custom designed at over $600,000. There is multi-generational interest in the units and upscaled designs are the most sought after. Commission member Fiorendino asked what the time frame was for completing phase 2. Community Development Director, Bob Streetar stated the entire project will take about 3-4 years. It should take about 30-60 more days. to get the rest of the easements. PLANNING & ZONING COMMISSION MINUTES PAGE 5 JULY 7, 2004 The meeting was then opened up for the Public Hearing. Robert Bamick of 2300 40~h Avenue asked how many parking spaces are required per unit, and whether there had been any consideration for company parking. He also inquired about the mix of values and wanted to know the exact number of units at each pdce range. Planner Berkelhamer responded that the Zoning Ordinance reqdires a parking unit for each bedroom, therefore 108 spaces are required for each building, and 112 are actually being planned. These will be provided for in the underground parking area. Additional street parking will also be available for visitor parking. Architect John Feges answered questions about the design and pdcing of the units. He said by re-designing some of the units into 2 story units and better utilizing the corner spaces, they were able to add a few units to each building. He could not provide the exact number of units at each value, as that will change during construction as people who purchase the uhits upgrade items along the way. The Headng was closed. Motion by Szurek, seconded by Fiorendino, to make a recommendation to the City Council to approve the Final 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. Upon approval of a final plat, the applicant shall be responsible for filing and recording the final plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a final plat is not recorded within this time period, the final plat will become void. 2. 'The DeveloPer must acquire the necessary Property and easements from 4757 Central Avenue NE for right-of-way and retaining wall purposes pdor to final plat approval. 3. The Developer must dedicate 27 ft. of dght of way to Anoka County along the 49th Avenue access. 4. The Developer must install a sidewalk along the 47th Avenue right-of-way from the west boundary of the property east toward Fillmore, and include a sidewalk link to Central Avenue as part of the development of the commercial parcel, Outlot C. 5. The Developer must provide bump outs of the sidewalk for Fire Department access on each of the 3 read sides of Blocks 2 and 3, designed per the direction of the Fire Department. 6."The curbing location and radii need to be adjusted slightly, per information provided by the City Engineer, to provide access for emergency vehicles prior to final plat approval. 7. The Developer must make a park dedication contribution in the amount of $172,500 ($750 per unit for 230 units) pdor to approval of the final plat. 8. The Homeowners Association covenants will be submitted to the City Attorney and City Engineer for review and approval prior to final plat approval. 9. 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 candies at the property line, pdor to final plat approval. 10. All construction traffic shall be directed through the vehicle tracking pad. Central Avenue access should be blocked or a second vehicle pad will be required. PLANNING & ZONING COMMISSION MINUTES PAGE 6 JULY 7, 2004 11. 12. 13. If the proposed retaining wall exceeds four 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. An NPDES (National Pollution Discharge Elimination System) permit and project SWPPP (Storm Water Pollution Prevention Plan) will be required. 14. The City reserves the dght to require additional erosion control measures during construction. 15. Perimeter erosion control measures shall be installed and inspected by the City prior to major grading activities beginning. 16. 17. 18. 19. 20. 21. The temporary sediment basin shall be constructed dudng the very initial stages of site grading. The Surface Water Management plan is currently being reviewed. Vehicle tracking offsite shall be the responsibility of the Development to clean as required by the City. The plan drawings should provide a schedule or indicate manhole diameters when larger than 48 inch is required. All utilities (water main, sanitary sewer and storm sewer) shall meet the City of Columbia Heights specifications. Additional valving should be provided to provide for adequate valving for water main isolation. See attached sheet for locations. 22. The construction plans should provide elevation data on the proposed 'Stormceptor Chamber.' 23. 24. 25. 26. The Developer shall provide the City of Columbia Heights with as-built drawings of all newly constructed utilities, in both hardcopy and electronic(.dwg) format. The curb and gutter detail on sheet 10 for B612 should be changed from an 18 to 12 inch gutter length. The condo unit(s) 6-inch DIP water main service plugs should be rodded back a minimum of two pipe lengths. The vertical pipe crossing adjustment on sheet 16 shall be tied or megaluged at all vertical bends. 27. The City's requirement for intersection clear zone, or a 30-foot tdangle must be maintained at the public road access on 49th and 47th Avenues, including the landscape plan. 28. On sheet 23 in the left plan view, the MH labeled as #1 should be relabeled as #2. PLANNING & ZONING COMMISSION MINUTES PAGE 7 JULY 7, 2004 29. Horizontal curve data on the public street and radii for the connections to the public street must be provided to the City Engineer. 30. A copy of Anoka County's acceptance of the work on 49th Avenue as it relates to County Access Permit requirements must be provided to the City Engineer. Mr. Barnick asked if $172,500 had been deposited yet (Condition #7) for the park Dedication fees. He couldn't understand how the Commission could approve the final plat if this was one of the conditions that needed to be met. It was then explained that the Commission only makes recommendation to the City CounCil and that they are the approving body. If all the conditions are met the project can then move forward, otherwise the motion to approve becomes void if the conditions are not satisfied. And the fees in question are used for park related improvements. Commissioner Peterson asked the purpose of the Fire Bumpouts. Planner Berkelhamer explained these areas were required by the Fire Dept. to ensure clear access to the building from the street. The curb line juts out into the street so no other vehicles can park there. This reserves the space for Emergency Vehicles to access the building and/or yard area. All ayes. MOTION PASSED. Chair Peter'Son opened the Public Hearing of the signage Plan amendment of the Site Plan. Commission member Baker asked about how the signage would be lit. Planner Berkelhamer explained they would be lit from behind. She stated the brick on the signs would match the brick on the buildings. The Public Hearing was closed. Motion by Schmitt, seconded by Szurek, to recommend the City Council approve the Signage Plan element of the Site Plan, 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. A maximum of two monument signs shall be allowed. .. at each entrance to the development. One monument sign shall be allowed Each monument sign shall.comply with all required setbacks and the City's requirement for intersection clear zones and maintain a 30 ft. tdangle at the public road access on 49"' and 47"' Avenues. All ayes. The monument sign at the 49"~ Avenue entry may not be located within any area that may in the future be dedicated to Anoka County for additional right-of-way. The developer shall make an application for sign permits in accordance with the zoning Ordinance. The sign(s) must be consistent with the signage plan. All signs are subject to review and approval of the sign permit application. MOTION PASSED. PLANNING & ZONING COMMISSION MINUTES PAGE 8 JULY 7, 2004 Case 2004-0702 Comprehensive Plan Amendment Zoning Map Amendment (Rezoning).From Industrial to Transit Oriented Development Industrial Park Redevelopment Area- Industrial Park Redevelopment Area 317 37th Avenue NE; 450, 515, and 517 38th Avenue NE; 510, 550, 600 and 820 39th Avenue NE; and 3700, 3800, 3801 and 3901 5th Street NE ]:ntroduction The City of Columbia Heights has requested a change in the Comprehensive Plan's future land use designation of properties generally bounded by Huset Park on the north, Jefferson Street NE on the east, 37~ Avenue NE on the south and University Avenue NE on the west, referred to here as the Industrial Park. The application requests a change in land use designation from Industrial to Transit Odented Development. Planner Berkelhamer explained the differences between the Comprehensive Plan Amendment and the Zoning Map amendment. When a Comp Plan is amended, the City has 9 months to amend the zoning maps. These two issues are being done at the same time as this has been studied for some time already. In November 2003, the City adopted the City of Columbia Heights Industrial Area Redevelopment Plan to set a framework for redevelopment options for the portion of the city generally located south of Huset Park, north of 37,' Avenue NE and east of University Avenue NE. The objectives of the 2003 Industrial Area Redevelopment Plan were to provide a catalyst for change in the area, with an emphasis on identifying land uses that could be supported in today's market place; establishing an improved land use pattern that would be financially feasible; identifying a redevelopment effort that involved immediate implementation and substantial change over the next five years; and establishing a new land use pattern that furthered community objectives. The Plan proposed two different land use concepts for the area, with one option being all housing and the other option including a mix of housing and industrial uses. After the adoption of the Industrial Area Redevelopment 'Plan, the City applied for and received several grants to investigate and clean up contamination in the Industrial Park. In May 2004, the City entered into a preliminary development agreement with Schafer Richardson, a developer that currently owns or has plans to purchase about 90 percent of the property in the Industrial Park. The preliminary development agreement calls for Schafer Richardson to redevelop the Industrial Park as a predominantly residential neighborhood with some mixed residential and commercial use. ' However, the adopted Comprehensive Plan does not currently allow for mixed-use developments within the subject area. The Comprehensive Plan currently guides the subject area for "Industrial" uses. Since the Comprehensive Plan is the framework for guiding zoning and development decisions, it must be amended to change the land use. designation of the Industrial Park to be consistent with the concepts proposed in the Industrial Area Redevelopment Plan. The City has therefore made an application to change the Comprehensive Plan land use designation for the subject area from Industrial to Transit Oriented Development. PLANNING & ZONING COMMISSION MINUTES PAGE 9 JULY 7, 2O04 Transit Oriented Development allows mixed-use pedestrian-oriented development near transit nodes that will provide new opportunities 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. This Comprehensive Plan land use designation is the same as the deSignation used for the Kmart Redevelopment site. Chapter 9 of the City Code requires that the Planning Commission prepare recommendations to the City Council regarding changes to the Comprehensive Plan. This proposed Comprehensive Plan amendment is on the City Council's August 9, 2004 meeting agenda. The City Council may vote to approve the amendment, subject to Metropolitan Council review. The Metropolitan Council will consider whether the amendment would have any impacts to regional systems. After the August 9 meeting, the Comprehensive Plan amendment will be sent to the Metropolitan Council for review. Once the Metropolitan Council review is completed and if the City Council has approved the amendment, the City will continue implementation activities for the Industrial Area Redevelopment Plan, including a rezoning of the area and establishing a Tax Increment Finance (TIF) District. In the future, the City will also review and consider development plans proposed for the subject properties. It should be noted that the City Council will not take action on the Comprehensive Plan amendment or rezoning until such time as a final Development Agreement has been entered into with Schafer Richardson. Planning Considerations The property is currently used and zoned for industrial purposes, and is surrounded by a variety of land uses including industrial, residential, and parks and open space (F!gure 1). University Avenue NE is located, to the west of the site, with industrial uses beyond University. Residential uses, industrial uses, and Huset Park are located to the north of the site. Industrial uses are located to the east of the site, with residential uses beyond the industrial area. Open space and industrial and residential uses are located south of the site. The southernmost portion of the site borders the City of Minneapolis, which includes the Columbia Park Community Gardens. The total size of the redevelopment area is approximately 28 acres. The subject properties are guided and zoned Industrial (Figure 2 and Figure 3). These designations do not provide the flexibility needed to accommodate mixed-use residential/commercial redevelopment projects, given the limited permitted uses allowed under each land use category. The 2001 Comprehensive Plan established three (3) Mixed-Use land use categories: Transit Odented Mixed-Use, Community Center Mixed-Use, and Transitional Mixed-Use. The purpose of creating the Mixed-Use districts was to "facilitate redevelopment and enhancement efforts in targeted areas of the community." The Industrial Park redevelopment area is a section of the community that has been officially targeted for redevelopment since the adoption of the Comprehensive Plan. PLANNING & ZONING COMMISSION MINUTES PAGE 10 JULY 7, 2OO4 The Transit Odented Mixed-Use designation is the most appropriate Mixed-Use designation for the subject properties. Both the Community Center Mixed-Use district and the Transitional Mixed-Use District are tied to specific geographic'areas within the community. The Community Center Mixed- Use district is intended to guide the redevelopment of lands in the vicinity of City Hall. The Transitional Mixed-Use District is intended to guide the redevelopment of lands along 40th Avenue from City Hall to Central Avenue. Cdteria for the location of Transit Oriented Mixed-Use district only requires that the district be located in areas along existing transit routes. The site is also walking distance to both University and Central Avenues. 5. The Comprehensive Plan provides a description of areas guided Transit Odented Mixed-Use. Specifically, the Comprehensive Plan states that "Mixed-Use pedestrian-oriented development near transit nodes will provide opportunities 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." 6. The Industrial Area Redevelopment Plan dated November 2003 provides the framework for determining the most appropriate land use designation. The Plan is consistent with the description of the Transit Oriented Mixed-Use District (see item 5 above): · The study area is located along an existing transit route (University Avenue); · New residents will be able to commute to work via the existing transit routes; · Potential patrons will continue to access existing business via transit and likewise, will be able to patronize any new business via transit; · The plan will provide pedestrian connections to and through the subject properties. 7. The concept site plan prepared by Schafer Richardson as part of the City's preliminary development agreement is consistent with the Metropolitan Council's regional policies for "developed" communities, the classification for Columbia Heights. The Metropolitan Council's residential density guidelines for Developed communities are 5 units plus per acre, with higher densities in locations with convenient access to transportation corridors. The overall residential development proposed for the Industrial Park is approximately 20 units per acre. In addition to density guidelines, the redevelopment plan supports other Metropolitan Council policies such as reinvestmentJredevelopment, providing a mix of uses, planning pedestrian and bicycle connections between workplaces, residences, retail and services, using mixed use development and transit oriented development zoning, increasing density along University Avenue NE to support transit services, providing a mix of residential types and densities to provide the opportunity for lifecycle and affordable housing, and reclaiming contaminated lands for redevelopment. 8. The proposed Comprehensive Plan amendment is consistent with the goals contained in the Comprehensive Plan, including, but not limited to: · Goal: Strengthen the image of the community as a desirable place to live and work. The Transit Oriented Mixed-Use designation provides new housing and job opportunities in close proximity to one another. · Goal: Provide opportunities and mechanisms for successful redevelopment of targeted areas within the community. The land use change will support the implementation of the Industrial Park Redevelopment Plan. · Goal: AdVOcate high quality development and redevelopment within the community. Urban design guidelines and.an overall redevelopment plan will help ensure high quality development: PLANNING & ZONING COMMISSION MINUTES PAGE 11 JULY 7, 2OO4 · Goal: Provide a variety of life-cycle housing opportunities within the community. A new Mixed-Use Distdct will provide new residential opportunities in areas previously limited to industrial use only. · Goal: Strengthen areas of commercial and civic activity by introducing complementary housing development. The new Mixed-Use District will introduce housing opportunities mixed with commercial activity adjacent to civic activities at Huset Park, Mur'zyn Hall, and City Hall. · Goal: Increase pedestrian and bicycle safety in residential neighborhoods. The Industrial Area Redevelopment Plan adopted by the City in 2003 proposes streetscape enhancements, which include improved sidewalk/trails and pedestrian level lighting. · Goal: Manage and maintain the investment in 'the existing roadway system. The Industrial Park Redevelopment Area will be served by the existing roadway system, with enhancements to the reconstructed parkway (currently 5th Street NE and 39~ Avenue NE) and will provide a new internal circulation system within the site. Given the description of the Transit Oriented Mixed-use designation, the consistency of the Industrial Park Redevelopment Plan with the Transit Oriented Mixed-Use description, and the consistency of the proposed Comprehensive Plan amendment with the goals of the' adopted Comprehensive Plan, staff recommends amending the Comprehensive Plan, contingent upon Metropolitan Council review, to change the land use designation of the subject properties from Industrial to Transit Oriented Development. Planner Berkelhamer explained if the zoning is changed, The Industrial uses would become non- conforming. Minor alterations and repairs would be allowed, but not major expansions of the businesses in this area. Until recently, if fire would damage non-conforming businesses more than 50%, they would not have been allowed to rebuild. But legislators recently changed that ruli'ng and businesses can now rebuild if done so in a certain time frame. The development agreement is scheduled to go before the City Council August 9~. If the development agreement is not executed, these amendments to the Comp Plan and Zoning Maps/Ordinance will not be made. Commission member Fiorendino asked if there was a plan for the surrounding area, and whether there were any plans to re-zone the other properties. Council member Ericson stated that just the first phase is bei.ng addressed at this time. Randy Schumacher, Project Manager for this re-development project stated'that Schaffer-Richardson now owns about 90% of the property in the Phase I area and that they are negotiating with the business owners in Phase 2 and 3. ' Commission member Schmitt asked what percent of the properties are now occupied. Schumacher responded that only about 20% of the area in the Schaffer-Richardson building is occupied and about 50% of the Old Minneapolis Electric Steel Building. The Public Hearing was opened. Robert Barnick of 2300 40t~ Avenue and owner of the building at 500 38t~ Avenue stated he is whole heartedly in favor of redeveloping the area and improving the tax base. His concern with the amendment to the Comp Plan and Zoning Ordinance is the reference to curb appeal and the parkway planned for the area. His business is left out. He feels it should also be included in the rezoning to Transit Oriented now so this doesn't need to be addressed again at a later date. He doesnrt understand why a few businesses lying adjacent to the Phase I area are being left out. PLANNING & ZONING COMMISSION MINUTES PAGE 12 JULY 7, 2004 Schumacher stated it would make sense to include the surrounding buildings in the area being changed, however, the buildings in question are not very old and therefore, would be too expensive to purchase and relocate the businesses now. Commission member Peterson asked why the properties couldn't be re-zoned and then allow them to continue to use as Industrial businesses until they choose to sell or re-develop a later time. Council member Ericson stated this should be studied further as it may limit the owners in the use of the building and the marketability of the buildings if they would try to sell them. Mr. Steve Jonak 533 37th Ave asked about the status of Kremer-Davis on 39th Avenue which is in the middle of the re-development area. It was explained that Schaffer-Richardson is still negotiating with them for the site. He also expressed his concern about how the re-development will affect access to his business. Schumacher told him that is a site plan issue and would be a part of that approval process. Usually aspects of the site plan cannot negatively impact other businesses. The question was raised whether these surrounding properties could be re-zoned at a later time. Planner Berkelhamer stated that re-zoning could be done as an extension of the current change being made at a later time. Scott Smith of 450 38th Ave asked how the Commission could take any action like this when a moratorium is in place. It was explained that the moratorium restricts the property owners, not the city, from making necessary changes for development. Mr. Smith then stated that he hasn't been contacted by anyone regarding this project. Schumacher responded that he had indeed been contacted several times and that he has been uncooperative regarding the soil tests and clean up thus far. He also stated that Smith is in the 3rd phase and has time to plan accordingly to move his business and negotiate with developers. Gilbert Becker of 635 39th Ave was concerned with future assessments for screening and buffering between his Industrial business and the residential development that is planned. He wants to know if he will be limited in how he operates his business now that residential property will be abutting his business property. He was told that the buffering between the two uses is usually done as part of the development and is paid for by the developer. Mr. Barnick asked whether there was a bond in place to ensure the development takes place. Bob Streetar told him this is what the development agreement is for and that Schaffer-Richardson has picked up the expenses so far. Streetar stated he would be happy to provide any figures and reports Mr. Barnick wants. The Public Hearing was closed. Motion by Baker, seconded by Schmitt, to recommend the City Council approve the Comprehensive Plan amendment for the Industrial Park area, contingent upon Metropolitan Council review, to change the land use designation from Industrial to Transit Oriented Development. PLANNING & ZONING COMMISSION MINUTES PAGE 13 JULY 7, 2004 CASE NUMBER: APPLICANT: LOCATION: 2004-0702 City of Columbia Heights Industrial Park Redevelopment Area 317 37th Avenue NE; 450, 515, and 517 38th Avenue NE; 510, 550, 600 and 620 39th Avenue NE; and 3700, 3800, 3801 and 3901 5th Street NE REQUEST: Rezoning of Property from I-1 Industrial to MXD Mixed Use District Introduction. The City of Columbia Heights has requested the rezoning of properties generally bounded by Huset Park on the north, Jefferson Street NE on the east, 37"' Avenue NE on the south and University Avenue NE on the west, referred to here as the Industrial Park. The application requests a change in zoning from I-1 Industrial to MXD Mixed Use District. The site is approximately 28 acres and is compdsecl of several industrial buildings, outdoor storage areas, and parking lots. Immediately pdor to considering this rezoning request, the City is considering a request to amend the Comprehensive Plan to change the land use designation of the subject property from Industrial to Transit Odented Development, subject to the review of the Metropolitan Council. The Planning Commission's motion on the Comprehensive Plan would be taken first, in order for planning tasks to occur first and for any action on the rezoning to be consistent with and implement the Comprehensive Plan. Chapter 9 of the City Code requires that the Planning Commission prepare recommendations to the City Council regarding changes to the Official Zoning Map to redesignate zoning boundaries of property. This proposed rezoning is on the City Council's August 9th meeting agenda. It should be noted that the City Council will not take action on the ComprehenSive Plan amendment or rezoning until such time as a final Development Agreement has been entered into with Schafer Richardson, the property developer. Planning Considerations When evaluating a rezoning request it is important to consider how the proposed zoning change fits in with the surrounding area. The property is currently used and zoned for industrial purposes, and is surrounded by a vadety of land uses including industrial, residential, and parks and open space. University Ave NE, a major arterial roadway, and industrial uses across University Ave NE are located to the west of the site. Residential uses, industrial uses, and Huset Park are located to the north of the site. Industrial uses are located to the east of the site with residential uses beyond the industrial area. Open space and industrial and residential uses are located south of the site. The southernmost portion of the site borders the City of Minneapolis, which includes the Columbia Park Community Gardens. The rezoning would make existing industrial uses within the subject property boundaries non- conforming uses. However, it is anticipated that all of the subject property will ultimately be redeveloped as residential or mixed residential/commercial uses. In the meantime, if properties are not redeveloped until later phases, they will have legal non-conforming status. According to Section 9.502 of the Zoning Ordinance, legal non-conforming uses have the right to continue, but may not be enlarged, increased or expanded. Minor repairs and routine maintenance of a structure containing or related to a non-conforming use are permitted. Recent legislation also allows nonconforming uses that .have been destroyed by more than 50 percent of market value to be rebuilt within 180 days. PLANNING & ZONING COMMISSION MINUTES PAGE 14 JULY 7, 2004 The rezoning cannot be adopted until after a Comprehensive Plan Amendment has been adopted. The Metropolitan Council must review the Comprehensive Plan amendment before it is enacted. Once the Planning Commission makeS its recommendation, it will be forwarded to the City Council. The City Council may vote to approve the Comprehensive Plan amendment, but the approval will be subject to Metropolitan Council review. Staff will submit a Comprehensive Plan Amendment changing the future land use from Industrial to Transit Oriented Development once the City Council takes its action. Rezoning will not occur until after the City Council has amended the Comprehensive Plan. The rezoning of the Industrial Area would then be consistent with the new Comprehensive Plan designation of Transit Oriented Development. Although no application has been made at this time for Site Plan Review or subdivision approval, a concept site plan has been prepared by the anticipated developer of the subject area as part of the preliminary development agreement entered into with the City. The concept plan is compatible with the provisions of the Transit Oriented Mixed Use District. This district calls for a flexible mix of uses with a minimum residential density of 12 units per acre and a maximum density of 20 units per acre, unless otherwise approved by the City Council. At this time, the concept site plan shows a density of just under 20 units per acre. The subject property is located adjacent to a transit corridor (University Avenue NE) and will include a trail connection linking the new residential and mixed use neighborhood to and through Huset Park. The trail will be constructed as part of the parkway along 39th Ave NE. The City Staff is in the process of preparing Design Guidelines to be applied to the redevelopment of the subject property. These guidelines are directly based on the existing City Design Guidelines adopted in 2003 so that the guidelines for the Industrial Park redevelopment area will be consistent, to the extent relevant, with the city's adopted design principles. The guidelines will include characteristics that are appropriate to the residential and mixed use character of the Industrial Park redevelopment area, and not those aimed at highway, strip or suburban architecture and development. The purpose of the Mixed-Use District is to promote efficient use of existing City infrastructure; ensure sensitivity to surrounding neighborhoods, create linkages between compatible areas of the City; provide appropriate transitions between uses; ensure high quality design and architecture; create good pedestrian circulation and safety; promote alternative modes of transportation; and increase the quality of life and community image of Columbia Heights. The proposed Industrial park redevelopment will be designed as a pedestrian friendly mixed-use project that will accomplish these goals. Rezoning these properties to the MXD Mixed-Use District will allow for the creation of a neighborhood in-fill residential urban style development project. Properties will be redeveloped into a traditional community development pattern allowing for pedestrian connections and creating linkages and enhancing accessibility to the site. The proposed Industrial Area Plan will enhance the tax base as a result of the future assessed values of the site. The Transit-Oriented Mixed-Use District requires that the mix of land use include two or more of the following uses: residential, commercial and industrial. The proposed Industrial Park redevelopment will meet this requirement by including predominantly residential uses with some mixed use commercial/residential uses. PLANNING & ZONING COMMISSION PAGE 15 JULY 7, 2004 MINUTES 10. The minimum size of a mixed-use development in the Transit Oriented District must be 5 acres. The subject property would meet this requirement, as the total size is approximately 28 acres Findings of Fact Section 9.406 of the Zoning Ordinance states that the City must make the following findings before granting approval of a rezoning request to change district boundaries on the official zoning map: 1. The amendment is consistent with the Comprehensive Plan. The proposed rezoning is consistent with a proposed amendment to the Comprehensive Plan for the subject property. Immediately prior to the application for the rezoning, the Planning Commission will consider an application for an amendment to the Comprehensive Plan to change the land use designation of the subject property from Industrial to Transit Odented Development. The Comprehensive Plan amendment will then be sent to the City Council, which may vote to approve the amendment subject to Metropolitan Council review. It is anticipated that the City Council will review this matter in August 2004. 2. The amendment is in the public interest and is not solely for the benef'rt ora single property owner. The rezoning is in the interest of the general public for several reasons. It will allow for redevelopment that will expand the City's tax capacity, diversify its tax base, and attract subsequent development. Rezoning will also allow for redevelopment that encourages the use and leads to the enhancement of Huset Park, with new trails leading from the new residential/mixed use neighborhood to the park. Additionally, the rezoning will lead to the clean up of contaminated soils and existing pollutants on the site, prior to its redevelopment as the new residential/mixed-use neighborhood. Finally, residents of the community will also benefit because the rezoning will allow for redevelopment that provides significant housing along a major existing transit corridor (University Avenue). Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing use of the property is Industrial. It is currently surrounding by industrial, residential and open space uses. Once rezoned, development may occur that will greatly enhance both adjacent and nearby land uses by bringing the redevelopment area into compatibility with those uses. Historically, the industrial area and its uses have operated side-by-side with the City's existing residential neighborhoods without any meaningful buffer. As a consequence, there is the need to eliminate incompatible land uses. New residential and mixed-use residential/commercial development will achieve this goal by creating a separation through new parkway/landscaping improvements and the location of a mixed use building serving as a buffer between residential and industrial uses to the east of the Industrial Park. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. PLANNING & ZONING COMMISSION MINUTES PAGE 16 JULY 7, 2004 The proposed rezoning is the genesis for the transformation of the area. In November 2003, the City adopted the City of Columbia Heights Industrial Area Redevelopment Plan to establish a framework for redevelopment options for the greater industrial area. The objective of the 2003 Industrial Area Redevelopment Plan'was to provide a catalyst for change in the area, with an emphasis on identifying land uses that could be supported in today's market place; establishing an improved land use pattern that would be financially feasible; identifying a redevelopment effort that involved immediate implementation and substantial change over the next five years; and establishing a new land use pattem that 'furthered community objectives. The proposed rezoning will allow for development to occur within such a framework. Other land use changes or improvements are taking place in the general area, to which the proposed zoning would be consistent. To the south of the property in Minneapolis is a former Cargill processing plant, formerly considered a heavy industrial use. The plant was removed and is now being used as public open space. Also, the City of Columbia Heights-is currently preparing a plan for the expansion and improvement of Huset Park. Staff recommends approval of the request. Planner Berkelhamer stated this will go to the City Council at the August 9"' meeting if the Development Agreement is executed pdor to that date. Chair Peter'son opened the Public Hearing for comments or questions. Most of the questions were already asked under the first part of this tandem motion. Motion by Szurek, seconded by Fiorendino, to recommend the City Council approve the rezoning of the Industrial Park properties from/- 1/ndustrial to MXD Mixed Use District (Transit Oriented Mixed Use). Ail ayes. MOT/ON PASSED. NEW BUSINESS Councilmember Ericson informed the Commission that the subject of Rental Housing within our community recently came up at a council meeting. The Council asked that the Planning & Zoning Commission set up a work session to address the issue. They would like to know what other cities are doing about the number of rental units, the maintenance of these properties, and whether any restrictions have been put in place as to the number allowed in each city. The Council would then like the Commission to make a recommendation to them. MISCELLANEOUS Chair person Gary Peterson publicly thanked Ted Yehle for his service on the Commission. The next regular meeting is scheduled for August 3rd, which is National Night Out. Due to this conflict the meeting will be changed to Wednesday, August 4th. Motion by Szurek, seconded by Schmitt, to adjourn the meeting at 9.'45 pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Hanson ~ Secretary