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HomeMy WebLinkAboutNovember 3, 2004PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING NOVEMBER 3, 2004 7:00 PM The meeting was called to order at 7:15 pm by Chair Peterson. Roll Call: Commission Members present- Fiorendino, Szurek, Peterson, Schmitt, and Baker. Also present were Ellen Berkelhamer and Pat Smith (City Planners), Shelley Hanson (Secretary), and Tami Ericson (Council Liaison). Motion by Baker, seconded by Schmitt, to approve the minutes from the meeting of October 5,. 2004. All ayes. MOTION PASSED. PUBLIC HEARINGS Case 2004-1101 Final Plat Amendment-Grand Central Lofts 4707-4747 Central Avenue NE Nedegaard Custom Homes Introduction Planner Berkelhamer reported that Nedegaard Custom Homes has made an application for final plat amendment for the Grand Central Lotts development. The applicant seeks approval of a plat revision to add one more townhome unit to the development. The City Council previously approved a development that contained 20 townhomes and up to 210 condominium units. The final plat revision would increase the number of townhome units to 21. Planning Considerations Density The proposed increase in one townhome unit does not significantly increase the density on site. The previously approved final plat anticipated 230 units on a site of 14.91 acres, which yields a density of 15.42'acres. The increase to a maximum of 231 units will yield a density of 15.49 acres. The Mixed Use zoning district in which the development is located allows an overall density of 12-20 units per acre. By changing the size of each townhouse to 60 feet deep, and making better use of the adjoining space, it allowed a change from 3 units to 4. Park Dedication The applicant will be required to pay an additional $750 in park dedication fees for the new townhome unit. This fee is payable at the time of building permit, in accordance with the Development Contract executed by 'the City Council and the developer. The Development Contract will be revised and brought to the City Council to reflect the additional dwelling unit. PLANNING & ZONING COMMISSION MINUTES PAGE 2 NOVEMBER 3, 2004 Approved Site Plan Changes The developer has requested an increase in townhome units from 20 to 21 units. 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. 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 because the increase in units doesn't increase the density significantly, doesn't reduce open space significantly, and doesn't impact parking on site because the townhome unit contains the two required garage spaces. Findings of Fact 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 substantially to the approved 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. Staff, therefore, recommends approval of the Final Plat Amendment. Baker asked if the design of the townhomes has changed from what was originally reviewed by the Planning & Zoning Commission. Roger Humphrey, Engineer, stated that the original drawing submitted was of Lindsay Court which is a development in New Brighton. They have changed the outside architecture slightly from what was previously shown in order to better match the design of the condo buildings. He said they will probably bring back updated drawings to the Commission to review before construction begins. Bruce Nedegaard gave an update of the progress on the site. He reported that footings have been done for the garage portion and concrete/foundation work and the utilities will be underway next week. There is a projected completion date of the fa'st building by August 1, 2005. The condos will range in value from $180,000-$320,000 and the townhomes will range in value from $250,000-$325,000. The public hearing was closed. PLANNING & ZONING COMMISSION MINUTES PAGE 3 NOVEMBER 3, 2004 Motion by Szurek , seconded by Fiorendino, that the Planning and Zoning Commission recommend that the City Council 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: Upon approval of a final plat, the applicant shall be responsible f or 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 dedicate 27fi. of right of way to Anoka County along the 49th Avenue access. The Developer must install a sidewalk along the 47a Avenue right-of-way from the west boundary of the property east toward Fillmore, and include a sidewalk link to Central Avenue as part o the development of the commercial parcel, Outlot C. The Developer must make a park dedication contribution in the amount of $173,250 (or $750 per unit) prior to building permit issuance, in accordance with the Development Agreement. The Homeowners Association covenants will be submitted in a form acceptable to the City Attorney, in accordance with the Development Agreement. 6. If the proposed retaining wall exceeds four feet in height, the final plans should include a wall. design by a registered engineer. The Development shall provide the City of Columbia Heights with as-built drawings of all newly constructed utilities, in both hardcopy and electronic (.dwg) format. 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, including the landscape and signage plan. A copy of Anoka County's acceptance of the right turn lane construction and lane restriping on,49th Avenue must be provided to the City Engineer. All ayes. Motion passed. This will go to the City Council November 8, 2004. PLANNING & ZONING COMMISSION MINUTES PAGE 4 NOVEMBER 3, 2004 Case #2004-1102 Conditional Use Permit for Temporary Use-Christmas Tree Sales Jesse Collard 4300 Central Ave NE Introduction Planner Smith explained that Jesse Collard has applied for a Conditional Use Permit to allow temporary sales of Christmas trees at 4300 Central Avenue NE. According to Section 9.607 of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that a seasonal agricultural sales may occur to 90 days. The applicant proposes to sell Christmas trees for 29 days, from November 26t~ through December 25th (see attached letter). The attached site plan shows the proposed location of the sales area in the east side of the parking lot. Approximately 46 parking spaces will be used to display Christmas trees and construct a temporary shelter for the cashier. Heritage Property is the property owner, and although they did not sign off on the application, they have submitted a letter permitting the applicant use of the parking lot for the Christmas tree sales (see attached letter). Planning Considerations Consistency with Comprehensive Plan The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. Consistency with Zoning Ordinance The Zoning Map classifies the property as GB - General Business. Retail uses are allowed in this zoning district. Existing parking exceeds zoning requirements. Section 9.612 of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900-square-foot commercial building is required to have 483 parking spaces. After using the 46 parking spaces for Christmas tree sales, the parking lot the site still has 582 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. Section 9.611 of the Zoning Ordinance requires that lighting fixtures have of a downcast, Cut-off type that conceals the light source from view and prevents light from shining on adjacent properties. In addition, lighting shall not exceed one-half foot-candle as measured at the closest residential property line and three feet as measured at the closest street curb. Please note that the Fire Department has reviewed the proposal and has not concerns regarding it. PLANNING & ZONING COMMISSION MINUTES PAGE 5 NOVEMBER 3, 2004 Findings of Fact Section 9.408 of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator: Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the GB - General Business District. The use is in harmony with the general purpose and intent of the Comprehensive Plan: The Comprehensive Plan guides the subject property for commercial use. Retail sales, such as Christmas trees sales, is a permitted use in the commercial areas. The use will not impose hazards or disturbing influences on neighboring properties: The closest residential property to the south is over 300 feet from the proposed temporary use. In addition, the amount of space dedicated for the Christmas tree sales lot is relatively small at approximately 1,000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity: The outdoor storage as proposed will have no impact on the use of adjacent properties. 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 Christmas tree sales lot will consist of approximately 200 Christmas trees on display, temporary lighting and an 8 'x12' temporary shelter for the cashier. The area will be lighted USing lO-foot posts. The temporary lights shall meet zoning requirements that limit the lighting levels to one-half foot-candles at residential property lines. Thus, the proposed temporary use should not negatively impact the existing character of the vicinity. 6. 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 utilities. 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 traffic generated by the Christmas tree sales will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. o The use will not cause a negative cumulative effect on other uses in the immediate vicinity: As indicated by prior descriptions, the Christmas tree sales should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 9. 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 GB General Business District. PLANNING & ZONING COMMISSION MINUTES PAGE 6 NOVEMBER 3, 2004 Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasonal agricultural sales subject t° conditions of approval outlined below. Baker asked if the area would be fenced in, and was told, no. · There will be a 8 x 12 ft shelter for the cashier/worker on site. It was noted this is much the same as the Linder's Greenhouse that operates each spring. Motion by Schmitt , seconded by Szurek, that the Planning Commission recommends that the City Council approve the Conditional Use Permit for seasonal agricultural sales at 4300 Central Avenue NE from November 26 through December 25, 2004, subject to certain 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. The outdoor storage shall be located as indicated on the site plan. A $500 deposit shall be submitted to the Community Development Department prior to display of Christmas trees. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. That every attempt will be made to get this on the Council agenda of November 8tn. All ayes. MOTION PASSED.. Baker asked whether Mr. Collard could set up the display before November 26th. Planner Smith stated he could set up the area as he has a 90 day time frame for set up, sales, and clean up of the site. November 26m was the date he thought he would begin sales. NEW BUSINESS No new business. MISCELLANEOUS No miscellaneous items. Motion by Baker, seconded by Szurek to adjourn the meeting at 7.'40pm. All ayes. MOTION PASSED. Respectfully submitted, Shelley Secretary