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HomeMy WebLinkAboutOctober 4, 2005 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: www.ci.columbia-heights.mn.us MEMBERS: Marlaine Szurek, Chair Donna Schmitt Rob Fiorendino Mike Peterson David Thompson PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, OCTOBER 4,2005 CITY HALL COUNCIL CHAMBERS 590 40TH AVENUE NE 1. Roll Call 2. Minutes from the Planning and Zoning Commission Meeting of August 16, 2005 3. Public Hearings: . Vacation of a portion of Lookout Place Right-of- Way Site Plan! Preliminary Plat Variance for a 10 foot parking setback Variance for an 8 foot height sign Variance for a 35 foot area for a sign Case #2005-1001/Sama's Restaurant 4. New Business: None 5. Other Business: None 6. Adjourn The Responsibility of the Planning Commission is to: . Faithfully serve the public interest. . Represent existing and future residents, and base our decisions and recommendations on the Comprehensive Plan and Zoning Ordinance. . Recognize the rights of citizens to participate in planning decisions. . Protect the natural environment and the heritage of the built environment. . Exercise fair, honest, and independent judgment. . Abstain from participation when they may directly or indirectly benefit from a planning decision. 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 SPECIAL MEETING AUGUST 16,2005 7:30 PM The meeting was called to order at 7:30 pm by Chairperson Szurek. Roll Call: Commission Members present-Thompson, Fiorendino, Peterson, and Szurek. Members Absent- Schmitt Also present were Perry Thorvig (City Planners-from Dahlgren, Shardlow, and Uban), Shelley Hanson (Secretary), and Tami Ericson Diehm (Council Liaison). Motion by Fiorendino, seconded by Peterson, to approve the minutes from the meeting of July 7, 2005. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: 2005-0801 Schafer Richardson South side of Huset Park from JeffersonlMadison Street to 5th St -Industrial Pk Redevelopment Area (Park View) Final Plat (Phase I) and Vacation of a part of 5th Street REQUEST: PREPARED BY: Perry Thorvig, Consultant Planner Introduction Schafer Richardson requests approval of: 1. The final plat for the Phase 1 of the redevelopment of the industrial area south of Huset Park, and 2. The vacation of parts of sth St. N.E. north and south of the new Huset Parkway. Phase 1 is part of a larger 28-acre redevelopment area that the developers are now calling Park View. Phase 1 contains 123 dwelling units on approximately 11 acres of land (11.18 dwelling units/acre). There are 46 two-story townhomes and 77 three-story carriage home units. There are no public streets proposed within the project. PLANNING & ZONING COMMISSION MINUTES PAGE 2 AUGUST 16, 200S Planning Considerations 1. The preliminary plat was approved by the City Council on June 13, 200S. 2. The plat was approved based on the condition that the applicant revise the plat slightly to account for the minor realignment of Sth St. N.E. where it intersects with Huset Parkway and that a development agreement, be prepared that specifies the responsibilities of the developer and the City. 3. In order to vacate a street, it must be found that the street is no longer needed for any public purpose. Notice of the vacation was sent to the abutting property owners and the utility companies. No abutting property owners objected. Qwest and CenterPoint Energy have facilities in the street that must be protected by way of easement. Their responses are as follows: Qwest has buried facilities along the east curb line of Sth Street. These facilities must be protected by way of easement. The applicant's site plan does not show any building over these facilities. CenterPoint Energy has a natural gas main in the east half of Sth Street and needs to have this facility protected by an easement. This is not in an area where the developer proposed to build. Findings of Fact for Final Plat Section 9.412 (6) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a final plat: 1. The final plat substantially conforms to the approved preliminary plat. The final plat does substantially conform to the approved preliminary plat. Only the requested changes to the alignment of 5th Street NE. have been made pursuant to staff instructions. 2. The proposed subdivision conforms to the requirements of the Subdivision Ordinance. The final plat conforms to the requirements of the Subdivision Ordinance. Findings of Fact for Vacation of 5th Street The street is not needed for any public purpose and can be vacated provided easements are retained for existingfacilities in the right of way for Qwest and CenterPoint. Therefore, staff recommends that the Planning Commission recommend approval the final plat based on the finding that the final plat substantially conforms to the preliminary plat. and Staff also recommends that the Planning Commission recommend approval of the requested vacation of Sth Street N.E. provided easements are preserved for Qwest and CenterPoint Energy. PLANNING & ZONING COMMISSIOIN MINUTES PAGE 3 AUGUST IS, 200S Questions/comments from Commissioners: The Commissioners were in agreement that the easement should be a blanket easement for all utilities that may need to use the underground area to provide service to residents in the future. They were concerned that by preserving the easement specifically for Qwest and Centerpoint, this prohibits the use by any other utility such as cable, DSL lines, or other future technology in this area. Thorvig said he would check with Kevin Hansen from Public Works, the two above mentioned utility companies, and Ryland Homes before this goes to the City Council to ensure the wording of a "general utility easement" is acceptable. Fiorendino questioned why it is necessary for Sth St to meet at a 90 degree angle. Thorvig said it is customary to do so when possible as it is safer to do so and provides better visibility. By vacating this small piece, it allows the streets to line up better. Fiorendino then asked if the general utility easement were approved, would the cable company have access to the space also. He was told, yes, they may have access to the space provided all the necessary permits were obtained and they did not disturb the existing utilities. The permit application process including review of the plans would ensure that co-using the space would be acceptable. Szurek stated she has received several phone calls asking when the development on Central Avenue is starting. It seems people are confused with the sales trailer at the old Burger King site. They think townhomes are being constructed there. She suggested Ryland put up better signage to clarify the 39th and Central site is for sales only. The Public Hearing was opened. No one wished to speak. So the Public Hearing was closed. Motion by Fiorendino, seconded by Thompson, to recommend the City Council approve the final plat based on the finding that the final plat substantially conforms to the preliminary plat. All ayes. MOTION PASSED. Motion by Peterson, seconded by Thompson, to recommend the City Council approve the requested vacation of 5th Street NE. provided a utility easement be preserved. All ayes. MOTION PASSED. NEW BUSINESS None MISCELLANEOUS None The meeting was adjourned at 7:S0 pm. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2005-1001 DATE: September 21,2005 TO: Columbia Heights Planning Commission APPLICANT: James Sarna LOCATION: Southeast Corner of University Avenue and 40th Avenue A portion of Lookout Place Right-of-Way REQUEST: Preliminary Plat, Vacation, Site Plan, three Variances PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, James Sarna is requesting six (6) approvals. They are as follows: 1. The Preliminary Plat for Sarna's Addition. 2. The Site Plan for Sarna's Addition. 3. A 10-foot front yard setback variance for hard surface setbacks from a public right-of-way per Code Section 9.612, subd. 7.g. 4. An 8-foot height variance for a monument sign per Code Section 9.616, subd. 12.a.iii. 5. A 35 square foot area variance for a monument sign per Code Section 9.616, subd. 12.a.iii. 6. A partial vacation of the Lookout Place right-of-way as described in Appendix A. Mr. John Sarna is proposing to construct a new 6,000 square foot restaurant on the southeast corner of University Avenue and 40th Avenue. This project will incorporate 5 different properties currently owned by the Economic Development Authority (EDA), as well as the vacation of a portion of Lookout Place. Three different variances will be needed as well. The first is a setback variance to gain adequate parking space for the patrons. The second and third variance requests are for the monument sign promoting the business, and located on the southeast corner of University Avenue and 40th Avenue. City of Columbia Heights Planning Commission Sarna's Restaurant proposals September 21, 2005 Case # 2005-1001 PLANNING CONSIDERATIONS The project is located on the southeast corner of University Avenue and 40th Avenue, and is located within the Design Overlay District of 40th Avenue. Properties located in this district are subject to stricter design guidelines when discussing the placement of the building on the lot, the height of the building, architectural details of the building, and signage. The design guidelines build on and complement recently completed streetscape improvements to the Central Avenue business district. There were developed by City staff, consultants and a Task Force with representatives from the City Council, Planning Commission, area business and landowners, and interested citizens, and are intended on being mandatory. It is assumed that the intent of the guidelines should be met, however, it is understood that there may be many ways to achieve the same design objectives. The City may permit alternative approaches that, in its determination, meet the objective(s) of the design guideline(s) equally well. The City may also waive any guideline when specific physical conditions of the site or building would make compliance more difficult or inappropriate. The property is also located in the GB, General Business District, and is adjacent to University Avenue. Being that the project is on the fringe of the 40th Avenue Design Corridor, and is also a focal entry point into the City's downtown business district, enforcement of the design guidelines will be subjective to the overall design objectives that the City would like to see enforced. FINDINGS OF FACT Preliminary Plat Section 9.411 (6) of the Columbia Heights zoning code requires that the City Council make each of the following findings before approving a preliminary plat: 1. The proposed preliminary plat conforms to the requirements of Section 14 of this ordinance. Section 14 of the ordinance requires that the preliminary plat contains the necessary information needed to approve it as such. The submitted application for the Sarna's Addition is acceptable to be approved as a Preliminary Plat. 2. The proposed subdivision is consistent with the Comprehensive Plan. The Comprehensive Plan guides this area towards "Transit Oriented Development". The Comprehensive Plan states that this classification focuses on the commuting needs of Columbia Heights residents. As a result, a higher percentage of service- Page 2 City of Columbia Heights Planning Commission Sarna's Restaurant proposals September 21, 2005 Case # 2005-1001 oriented commercial/retail development will be necessary with high-density residential development providing the balance of the development. With the Schaefer/Richardson and Ryland Homes project just to the south of the proposed "Sarna's Restaurant", this type of use fits perfectly with the goals of the Comprehensive Plan. 3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. The site layout does have some issues. They are as follows: a) Drive aisle width. On the northwestern portion of the parking lot, the preliminary plat indicates that one of the drive aisles only be 20 feet in width as opposed to the City Code requirement of 24 feet. All other drive aisles and parking stall lengths meet City Code requirements. City Staff feels that because this will not be a major drive aisle, the 20-foot width aisle would suffice the needs of traffic circulation throughout the site. If the developer were to increase the size of the drive aisle to meet City Code requirements, two additional parking stalls would have to be removed. b) 6-foot wooden fence. City Code requires that a 6-foot tall wooden privacy fence be erected between any new commercial developments and adjacent residential properties. There is one portion of the property on the northwest comer of the lot that abuts residentially zoned property. In lieu of a 6-foot high fence, the applicant has proposed to install 6-foot tall arborvitae trees, spaced at an interval that would in essence create a solid wall. City Staff feels that natural vegetation would be more aesthetically pleasing than a wooded fence. A condition will be imposed on the applicant that the arborvitae tress planted in this area shall be a minimum of 6 feet in height. c) On-site pondina. The applicants are not proposing any type of on-site ponding. The development will rely on two catch basins at the south end of the site to control rainwater runoff and carry it to the City's sanitary sewer lines located within the Lookout Place right-of-way and adjacent alleyway. The sanitary sewer line will be sized to accommodate a 1 O-year event, with little interference or ponding in the parking lot. During a 100-year event, however, there will be some significant ponding on the south portion of the parking lot (up to 6 inches) until the rain subsides and is carried on through the catch basins to the sanitary sewer lines. The applicants are also considering using the rooftop as a means of ponding, but would rather not pursue that option. d) 334 - 40th Avenue. The design layout of the new plat, in association with all vacations, new sidewalks and alleyway reconfigurationslt,has decreased the access for Mr. Gondek, whom resides at 334 - 40 A venue, into his business. The applicant has agreed to enter into an easement to grant Page 3 City of Columbia Heights Planning Commission Sarna's Restaurant proposals September 21, 2005 Case # 2005-1001 access to Mr. Gondek through the development property to gain access into his property. e) Enaineerina considerations. Kevin Hanson has reviewed the plat and found that there are several technical changes typical with all plats that must be made in order to assure that the utilities are installed properly and up to City and State requirements. Several conditions of approval are included in the recommendation to address Mr. Hanson's concerns. Site Plan Section 9.413, subd. 4 of the Columbia Heights Zoning Code requires that the Planning Commission make each of the following findings before approving a site plan: 1. The site plan conforms to all applicable requirements of the Ordinance. As stated previously, the project site is located in the Design Guideline Corridor of 4dh A venue, and is also adjacent to University A venue. The applicant wants to take advantage of motor vehicle traffic along University Avenue because of the site's proximity to this major thoroughfare. For this reason, the site does not conform to the design guidelines in some respects. They are as follows: a) The buildina does not meet the setback or orientation reauirements. The design guidelines specify that building facades should be flush with the sidewalk or set back no more than 10 feet for at least sixty percent (60%) of the length of the front fagade. At intersections, these building should "hold the corner", that is have street facades at or near the sidewalk on both streets. The proposed restaurant sits at an angle to both the eastern and southern lot lines, with an approximate 1-foot setback to each property line. The design standards would require the building to be placed at the intersection of University A venue and 4dh A venue, at a setback of no more than 10 feet from the northern and eastern lot lines. City Staff feels that because the front of the building faces University A venue, some discretion pertaining to the setbacks can be made. In this case, the proposed location of the building makes the most sense and would achieve the same goals as outlined in the design standards for 4dh Avenue. b) Buildina heiaht. The design guidelines require that all buildings shall have a minimum cornice height of 22 feet, to convey a multi-story appearance even if the building has only one occupied floor. The proposed 6,000 square foot restaurant is only one story in height with a height of approximately 16 feet. Because of the site's location in Page 4 City of Columbia Heights Planning Commission Sarna's Restaurant proposals September 21, 2005 Case # 2005-1001 relation to University A venue, as well as the function of the building, City Staff feels that this is an acceptable height that would meet the objectives of the design guidelines. Staff also feels that the exterior architectural features of the building will offset the need for this building to appear as if it is 2 stories in height. c) Parkin~ issues. The design guidelines specify that off-street parking in the 4d A venue District be located to the side or rear of buildings, with a maximum of fifty percent (50%) of the lot frontage being occupied by parking. The placement of the building on the site makes it difficult to achieve this specification. The site has 74 parking stalls on site, with 42 stalls located in front of the building along 40th Avenue (56.7%). Again, the applicants would like the front of the building to be adjacent to University Avenue. City Staff has no problems with an extra 5 stalls being located in front of the restaurant adjacent to 4dh Avenue. A 10-foot setback variance will also be required for hard surface parking along the University A venue right-of-way. d) Sianaae. The underlying zoning (GB, General Business) allows for a pylon sign on this site, as it is adjacent to University A venue. The design guidelines specify that only a monument sign may be incorporated in the 4dh A venue Corridor. The proposed monument sign requires two variances due to the proposed height and square footage of the sign. 2. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The project is consistent with the general direction established in the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. A concept plan for the area has been accepted by the city and Design Guidelines have been adopted. Staff has found the project to be in compliance with the standards to an extent that would make this project beneficial to the City. All other design features not in compliance with the design guidelines have also been approved by City Staff based on the project using sound planning standards. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The proposed 6,000 square foot restaurant is positioned away from abutting residential uses and in an area that minimizes the impact on property in the Page 5 City of Columbia Heights Planning Commission Sarna's Restaurant proposals September 21, 2005 Case # 2005-1001 immediate vicinity. The exterior building materials used on the restaurant will compliment the design guidelines and will add aesthetic appeal to the area. Variances Section 9.407, subd. 6 of the Columbia Heights Zoning Code requires that the Planning Commission make each of the following findings before approving a variance: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this Ordinance would cause undue hardship a) 1 O-foot setback variance for parkina. The minimum setback requirement for parking surfaces is 15 feet from the lot line. The applicant would like to place his parking lot 5 feet from the lot line. For this reason, a 10-foot setback variance is required. The applicant stated that the extra 900 square feet that will be acquired through this variance request would enable the restaurant to install needed parking stalls to ensure sufficient customer access. The on-site parking would also ensure that patrons would not park in the surrounding residential areas. The variance request is located adjacent to University A venue where 30 feet of a 60- foot right-of-way will be obtained from the MnDOT. MnDOT would retain the other 30 feet, leaving 35 feet of green space between the parking lot and University Avenue. City Staff feels that this request is justified. b) 8-foot heiaht variance for Sian. The maximum height for a monument sign is 8 feet. The applicant would like to construct a 16-foot tall sign. For this reason, an 8-foot height variance is required. The applicant stated that the proposed monument sign will be approximately 35 feet from University A venue, and the additional height is needed so motorists can see the sign in a timely fashion. There is also a fence along University A venue that would completely screen the sign if it were only 8 feet in height. The monument style fence would meet the design guidelines criteria, and the stated hardship would justify the proposed variance. c) 35 square foot area variance for Sian. The maximum square footage for a monument sign is 40 square feet. The applicant would like to construct a monument sign with 75 square feet of signage on both faces. For this reason, a 35 square foot area variance is required. The applicant stated that the larger sign is needed so it can be seen more easily from motorists traveling quickly along University A venue. The increased size will also keep the sign in proportion to its proposed height. City Staff feels that the stated hardship justifies the variance request and has no problems with the proposal. Page 6 City of Columbia Heights Planning Commission Sarna's Restaurant proposals September 21, 2005 Case # 2005-1001 2. The conditions upon which the variance(s) is (are) based are unique to the specific parcel of land involved and area generally not applicable to other properties within the same zoning classification. This is a unique parcel in that it is located within the 4dh A venue Design Corridor and has frontage along University Avenue. The only other parcel in the City with these conditions is the Marathon Gas Station parcel across the street. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having a legal interest in the property. The land on which the parcel lays causes the two hardships for the variances needed for the monument sign. The variances are needed to gain visibility from passersby along University Avenue in a timely manner so they can make the turn onto 4dh A venue, and into the restaurant. The applicant causes the parking lot setback variance. It is possible to reconfigure the restaurant and parking on the site and eliminate the variance request. The current configuration is one that the applicant feels will be most economically rewarding, as it gives the restaurant the needed parking stalls to access the restaurant. 4. The granting of the variance(s) is in harmony with the general purpose and intent of the Comprehensive Plan. As previously mentioned, the proposed restaurant meets the Comprehensive Plan for this area. The associated variances would help the restaurant function in a manner that would allow the restaurant to remain at its proposed site. The variances would be in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance(s) will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development, or value of property or improvements in the vicinity. City staff feels that the proposed project will do just the opposite. A restaurant use in the proposed location will be an asset to the community, and will be beneficial to the enjoyment, use and value of properly or improvements in the vicinity. Vacation Section 9.409, subd. 6 of the Columbia Heights Zoning Code requires that the Planning Commission make each of the following findings before approving a vacation of a street, alley, or public right-of-way: 1. No private rights will be injured or endangered as a result of the vacation. Page 7 City of Columbia Heights Planning Commission Sarna's Restaurant proposals September 21, 2005 Case # 2005-1001 The vacation will enable the applicant to have sufficient parking tor the restaurant patrons. In this case, no private rights will be injured or endangered. 2. The public will not suffer loss or inconvenience as a result of the vacation. Although the public right-ot-way will be taken away, the project will incorporate a pedestrian sidewalk that connects the east and southeast residential components ot the area to 40th A venue and the restaurant. For this reason, the public will not suffer loss or inconvenience as a result ot the vacation. Conclusion The final plat needs to reflect any site plan changes resulting from the comments above. Assuming those issues can be resolved, the preliminary plat can be approved. It is expected that the final plat will need to be modified a bit between the time the preliminary plat is approved and the final plat is submitted for approval. It should be noted that the vacation process takes two public hearings, a first and second reading, by the City Council until it becomes valid. The vacation does not go into effect until 30 days after the second reading of the ordinance is approved. Recommendation Motion: That the Planning Commission approve the site plan based on the following conditions: 1. A row of arborvitae shall be planted at a minimum of 6-feet in height and spaced as to create a full screening barrier along the western property line abutting the residentially zoned parcels. 2. Screening and/or landscaping has been shown on the plan along the entire perimeter. Please provide a landscape plan indicating plant types, sizes and species. Motion: That the Planning Commission recommends that the City Council approve the preliminary plat based on 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. The development agreement must reflect an agreement between the City and the developer on what utilities and streets within the project will be the City's long-term maintenance and repair responsibilities. 2. The Plat should identify the name of the proposed development. Page 8 City of Columbia Heights Planning Commission Sarna's Restaurant proposals September 21, 2005 Case # 2005-1001 3. University Avenue is a MnDOT roadway, and 40th Avenue is an Anoka County roadway. Please provide the City with their respective review comments of the Development plans. 4. A 30-foot "turnback" from MnDOT for the University Avenue Service Drive is included in the preliminary plat. MnDOT's position on removals, landscaping and fencing of this area needs to be clarified before final platting. 5. The University Avenue Service Drive is still used for 3901 Lookout Place. Therefore, an alternate access should be developed for 3901 Lookout and installed by the Developer prior to the removal of the University Service Drive in this area. 6. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as indicated on the SWPPP plan. All construction access will be limited off of 40th Avenue. Due to the traffic volume on 40th Avenue, frequent street cleaning may be necessary. 7. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter. 8. If any existing curb and gutter grades are less than one percent (1 %) at the driveway cuts, provide a concrete cross gutter. 9. All erosion control measures shall be installed and inspected by the City prior to any site activities beginning. 10.Any site grading prior to final plat approval will require an excavation permit, obtained from the Engineering department. 11.An NPDES permit will be required, at the time of construction. Additional erosion control measures along the southerly property line are recommended, due to the natural slope of the property. The City also reserves the right to require additional erosion control measures during construction, as conditions warrant. 12.AII restoration of turf areas in the Public Right-of-Way (ROW) shall be by four (4) inches of topsoil/sodding. 13. All work within Public ROW shall be inspected by the City Engineering Department. Twenty four (24) hour advance notice of an inspection is required. 14. The alley connection shown by the Developer connecting the existing east-west concrete alley to access Summit Avenue is acceptable. The Final Plans shall include a design detail meeting City requirements for alley construction. 15. A north-south sidewalk connection has been shown extending to 40th Avenue to the north and Summit Avenue to the south. The Final Plans shall include a design Page 9 City of Columbia Heights Planning Commission Sarna's Restaurant proposals September 21, 2005 Case # 2005-1001 detail meeting the City requirements for pedestrian ramps and grade. 16.AII utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights specifications for materials and installation. 17. Disconnect any existing utility service stubs in accordance with Public Works requirements. 18. The final plans should include signage for the alley change of direction. 19.AII sidewalks shall meet ADA requirements for pedestrian ramps and grade. 20.At final plan submittal, the developer must provide plan/profile sheets for the utilities. Motion: That the Planning Commission recommends that the City Council approve the 10- foot front yard setback variance for parking, the 8-foot height variance for the monument sign and the 35 square foot area variance for the monument sign. Motion: Thatthe Planning Commission recommends approval of the requested vacation of the portion of Lookout Place as described herein based on 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. The proposed easement for the existing utilities be extended 5 feet further west to accommodate the existing water main line, to be approved by the City Engineer. 2. The closure and removal of the existing Lookout Street section shall be the responsibility of the Developer. 3. The second reading of the proposed vacation will not occur until the City Council approves the preliminary and final plats. 4. The approval of the vacation is contingent on the utility companies (namely CenterPoint Energy, Comcast Cable, Qwest, and Xcel Energy) giving approval of the vacation. Attachments . Figure 1: Location Map . Figure 2: Preliminary Plat . 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ON(}(UiDtJ3(]f'l(l ( L t'7 . t\t....1 VI' _I ,HO .. ~~~~ ~ kU~ :::::::!::-.:... :: :-: -.- :: . : -- ~ . ~ S ~~j/\ I ~,In:; I I Jt I ( a31YJV~ 39 01 l (' ) -:.] II', i -1 f\ \ I t II ~ - J! \ V ^ :- ----L9 9[< 3..60_g.{O 5,--- ,-1.\\ 1:t .. ~ III ~l".. .. , ). ---9 31OHNVI'I ON H'l'S) ~JrIN3^ \j ,~11 S CJ:3 ^ \ N n \ Appendix A Leaal Description for the Vacation of Lookout Place (As provided by Kurth Surveying, Inc.) That part of Lookout Place lying between 2 lines: the northerly line being the westerly extension of the north line of Block 68, Columbia Heights Annex to Minneapolis, to the easterly line of State Trunk Highway No. 47 and the southerly line being drawn from the most southwesterly corner of Lot 17, Block 68, Columbia Heights Annex to Minneapolis, to the southeast corner of the north half of Lot 2, as determined by proportional measurements along the east and west lines. Rearrangement of Block E, Columbia Heights Annex to Minneapolis.