HomeMy WebLinkAboutMarch 8, 2006
PLANNING AND ZONING COMMISSION
MINUTES OF THE MEETING
March 8, 2006
7:00 PM
The meeting was called to order at 7:0S pm by Chairperson Szurek.
Roll Call:
Commission Members present-Thompson, Fiorendino, Schmitt, Peterson and Szurek.
Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson
(Secretary).
Motion by Peterson, seconded by Schmitt, to approve the minutes from the meeting of January 3, 2006.
All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2006-0301
Linder's Greenhouses, Inc.
4300 Central Avenue, Rainbow Parking Lot
Conditional Use Permit for Seasonal Sales
Linder's Greenhouse has applied for a Conditional Use Permit to allow the operation of a seasonal mini-
garden center for flowering plants and retail sales. According to Section 9.106 (G)(S) of the Zoning
Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits
the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to
operate the garden center for 90 days, from AprillSth through July ISth (see attached letter).
The attached site plan illustrates the configuration of two structures plus a patio area in front. This site
plan and configuration remains unchanged from previous years. A fence will enclose the patio and
connect to each structure. The greenhouse structures will be the same as previous years with four, six -
foot doors remaining open at all times during business hours. There will be at least four fire
extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject
parcel are preexisting and comply with zoning regulations. The two structures and patio will displace
approximately 30 parking spaces and a drive aisle.
This will be the Linder's 17'h year operating a temporary greenhouse at this location in Columbia
Heights.
Heritage Real Estate 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 flower sales.
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PAGE 2
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 classification for this property located at 4300 Central Avenue is GB, General Business
District. Retail uses are allowed in this zoning district.
Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires
that commercial uses provide I 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 30
parking spaces for the greenhouses, the site still has 598 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.
Please note that the Fire Department has reviewed the proposal and has no concerns regarding it.
Findings of Fact
Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to
grant a conditional use permit.
I. 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.
2. 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. Seasonal agricultural
sales are allowed as conditional uses in all residential districts.
3. The use will not impose hazards or disturbing influences on neighboring propelties.
The closest residential property to the south is over 300 feet from the proposed temporary use. In
addition, the amount of space dedicatedfor the greenhouse sales is relatively small at
approximately I,OOO 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 garden center as proposed will have no impact on the use of adjacent properties.
PLANNING & ZONING COMMISSION MINUTES
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PAGE 3
5. The use will be designed, constructed, operated and maintained in a manner that is compatible
with the appearance of the existing or intended character ofthe surrounding area.
Linder's has been in operation for 16 years at this location, with the City experiencing no
complaints. The proposed garden center 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.
7. 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 garden center will not significantly increase the traffic on the public
streets, and the site is large enough to handle additional interior traffic.
8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity.
As indicated by prior descriptions, the garden center should not have a negative impact on other
uses in the immediate vicinity, which are zonedfor 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.
Staff recommends that the Planning Commission recommend that the City Council approve the
Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined below.
Ouestions bv Members:
Fiorendino questioned if the fence goes to the wall as the sketch shows, or whether it should show a 20
foot access as noted in the conditions for approval. Sargent explained that the Fire Chief does want
to see an access perimeter of 20 ft between the tent and the rear wall. It was noted that it was not
set up that way last year, but for safety reasons, he would like to see it enforced this year.
Szurek doesn't understand the need for the 20 ft access as emergency vehicles can access from the
roadway that runs N/S through the lot from 43rd Ave to 44th Ave. She felt it would drastically cut
down on the storage space of plants in the rear.
Gary Peterson thought that these annual Conditional Use Permits could be done administratively.
However, the Zoning Ordinance requires they must be run through the Commission.
Public Hearing Opened:
No one was present to speak on this issue, therefore, the hearing was closed.
PLANNING & ZONING COMMISSION MINUTES
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Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommend the City
Council approve the Conditional Use Permit for seasonal agricultural sales at 4300 Central Avenue NE
ji'om April 15 through July 15, 2006, 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.
2. A $500 deposit shall be submitted to the Community Development Department prior to
installation of the structures on the site. The deposit shall be refunded after the Conditional Use
Permit expires and the site has been cleaned up.
3. The proposedfence must be 20feetfi'om the retaining wallfor safety vehicular access.
All Ayes. MOTION PASSED.
The attached draft Resolution will go to the City Council at the March 13, 2006 meeting.
RESOLUTION NO. 2006-43
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
LINDER'S GREENHOUSES, INC
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-0301) has been submitted by Linder's Greenhouses, Inc. to the
City Council requesting a conditional use permit from the City of Columbia Heights at the following
site:
ADDRESS: 4300 Central Avenue.
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code
Section 9.110 (E)(3)(e), to allow outdoor sales or display.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code
on March 8, 2006;
WHEREAS, the City Council has considered the advice and recommendations of the Planning
Commission regarding the effect of the proposed conditional use permit upon the health, safety, and
welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility
of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding
areas; and
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PAGE 5
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after
reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning
Commission:
I. 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.
2. The use is in harmony with the general purpose and intent of the Comprehensive Plan.
3. The use will not impose hazards or distributing influences on neighboring properties.
4. The use will not substantially diminish the use of property in the immediate vicinity.
5. 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.
6. The use and property upon which the use is located are adequately served by essential public
facilities and services.
7. 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.
8. The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses in the immediate vicinity.
9. The use complies with all other applicable regulations for the district in which it is located.
FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall
become part of this permit and approval; and in granting this permit the city and the applicant agree that
this permit shall become null and void if the project has not been completed within one (1) calendar
vear after the approval date, subject to petition for renewal of the permit.
CONDITIONS ATTACHED:
1. The outdoor storage shall be located as indicated on the site plan.
2. A $500 deposit shall be submitted to the Community Development Department prior to
installation of the structures on the site. The deposit shall be refunded after the Conditional Use
Permit expires and the site has been cleaned up.
3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access.
Passed this _ day of March 200_
Offered by:
Seconded by:
Roll Call: Ayes: Nays:
Mayor Gary L. Peterson
PLANNING & ZONING COMMISSION MINUTES
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PAGE 6
CASE NUMBER:
APPLICANT:
REQUEST:
2006-0302
City of Columbia Heights
Zoning Amendment to the Zoning Code as it relates to the Swimming
Pools and Hot Tubs
BACKGROUND:
The Current City of Columbia Heights Zoning Code requires that all swimming pools, the rear yard, or
the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six
(6) feet in height, with a self-closing gate capable of being secured with a lock so as to prevent
uncontrolled access by children. The Zoning Code does not specifically mention hot tubs, nor does it
define above-ground, in-ground, or hot tub pools. A recent concern from a resident prompted City Staff
to look into the question as to whether a hot tub would require the installation of a 6- foot high fence for
safety purposes. Staff feels that because hot tubs come equipped with a child-resistant cover, this would
suffice the security measure that the 6- foot tall fence attempts to achieve.
ANALYSIS:
City Staff has polled other cities in the area to see how this question is addressed elsewhere. It was
discovered that most other cities do not differentiate between hot tubs and swimming pools, classifying
both as one and the same. The City of White Bear Lake has recently adopted an ordinance relating to
hot tubs that addresses this issue. The ordinance adopted in White Bear Lake does not require a 6- foot
high fence for a hot tub, rather relies on the child-resistant cover for the child's protection.
The requirement for a 6-foot high fence around an aboveground or in-ground pool is for several reasons.
This first is for the general safety and welfare of the public. The fence acts as a physical barrier that
would prohibit small children from accessing the property and gaining entrance into the pool. A second
reason for the fence is for privacy. A fence helps deflect some amount of noise, which is typical when
an outdoor recreational pool is in use, as well as being a visual barrier into and out of the pool area.
By nature, Staff feels that hot tubs in general are less intrusive, and are used for different purposes.
Generally, the noise generated by hot tubs users would be substantially less than those using an
aboveground or in-ground pool. Also, because hot tubs are equipped with lockable covers, this would
prevent the access into the hot tub from children in the area.
CONSISTENCY WITH COMPREHENSIVE PLAN:
The Comprehensive Plan is not affected in any way with the proposed zoning amendment.
PLANNING & ZONING COMMISSION MINUTES
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FINDINGS OF FACT:
The City Council shall make the following findings before granting approval of a request to amend the
City Code. These findings are as follows:
a) The amendment is consistent with the comprehensive plan.
The Comprehensive Plan is not affected in any way with the proposed zoning amendment.
b) The amendment is in the public interest and is not solely for the benefit of a single property
owner.
The proposed amendment would allow the public to obtain a hot tub without the requirement
of also constructing a 6-foot tall fence around the hot tub. This is in the public's interest as it
would decrease the overall cost of the project of installing a hot tub, while maintaining the
public safety due to the lockable covers that hot tubs provide.
c) 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.
This amendment is not changing the zoning classification of a particular property.
d) 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
This amendment is not changing the zoning classification of a particular property.
City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed
zoning amendment as outlined in the attached draft ordinance. This amendment would allow hot tubs to
be installed in the city without the requirement of a 6-foot tall fence surrounding it providing the added
provisions in the ordinance are met. The zoning amendment also adds definitions of an aboveground,
in-ground, and hot tub swimming pool.
Ouestions bv Members:
Peterson asked if a 6 ft. fence could be used in lieu of a locked cover, and was told yes. He asked how
the 5 ft. setback was arrived at. Sargent explained that is the standard setback for structures and
swimming pools now.
Schmitt asked if this will apply to soft sided tubs as well. Sargent stated that if it meets the definition
established in this amendment, than yes, it would. Schmitt felt privacy would be more of a concern with
hot tub use, and Sargent stated that would be up to the discretion of the owners to decide.
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MEETING OF MARCH 8, 2006
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Thompson asked ifthe City Attorney had looked at the proposed Ordinance. Sargent said that he hadn't
yet, but this is just the first reading and he will review it prior to the second reading.
Peterson thought fencing might be more appropriate for the neighbors of those who have hot tubs for
privacy reasons. While that is something to consider, it is not something that should necessarily be
required by the City. It should be up to the residents to decide for themselves.
Fiorendino asked if permits are required for the installation of hot tubs. Hanson explained that no
building permit was required, however if a gas line were run to a heater, this may require a permit
depending on the setup.
Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommend the City
Council approve the text amendments as outlined in the attached draft ordinance. All ayes. MOTION
PASSED.
The attached draft Ordinance will go to the City Council March 13, 2006.
DRAFT ORDINANCE NO. XXXX
BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005, RELATING
TO SWIMMING POOLS AND HOT TUBS
The City of Columbia Heights does ordain:
Chapter 9, Article I, Section 9.103 of the Columbia Heights City Code, is proposed to include the
following additions:
~ 9.103 DEFINITIONS.
SWIMMING POOL, ABOVE GROUND. All swimming pools that are constructed so that thc edge
of the pool is greater than three and one-half (3.5) feet above ground grade or has a capacity of
more than three-thousand (3,000) gallons of water.
SWIMMING POOL, HOT TUB. All pools that are intended for hydro-therapeutic massage and
relaxation purposes that have a capacity of less than seven-hundred fifty (750) gallons of water,
including such pools generally constructed with a filter unit(s), pump(s), water jet(s), molded
seating and a heating unit(s). Any hot tub greater than 750 gallons of water shall be considered an
aboveground pool for regulatory purposes.
SWIMMING POOL, IN-GROUND. All swimming pools constructed so that the pool edge is level
with the ground grade.
Chapter 9, Article 1, Section 9. I06 (C)(4) of the Columbia Heights City Code, is proposed to include the
following additions and deletions:
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!l 9.106 GENERAL DEVELOPMENT PROVISIONS.
(C) Accessory uses and structures.
(4) Private swimming pools and courts. All private swimming pools, tennis courts, ball courts
and other private recreational facilities are subject to the following standards:
(a) [NO CHANGES]
(b) [NO CHANGES]
(c) [NO CHANGES]
(d) [NO CHANGES]
(e) [NO CHANGES]
(f) Hot tubs shall not be located within five (5) feet of any side yard or rear lot line, or
within any required front yard. Such pools shall be equipped with a child-resistant,
lockable cover in lieu of a six-foot tall fence. Hot tubs are permitted on attached or
detached decks if it can be proven that the deck is engineered to be structurally
sound enough to support the bearing load of the hot tub.
Ef)(g) Lighting shall be so oriented as not to cast light on adjacent properties.
fg1(h) The facility shall not be located within any drainage or utility easement.
W(i) Any accessory mechanical apparatus shall be located at least 330 feet from any residential
structure on an adjacent lot.
fBG) All swimming pools containing more than 3,000 gallons or with a depth in excess of 42
inches (3.5 feet) shall require a building permit from the city.
Section 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
First Reading:
Second Reading:
Date of Passage:
,2006
,2006
Offered by:
Seconded by:
Roll Call:
Mayor Gary L. Peterson
Attest:
Patricia Muscovitz, Deputy City Clerk
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PAGE 10
CASE NUMBER:
APPLICANT:
LOCATION:
2005-1202
Schafer-Richardson
West side of Huset Park between 5th St. N.E. and University Avenue (Park
View)
Phase 2, Final Plat
REQUEST:
At this time, Schafer-Richardson is requesting a Final Plat for Phase 2 of the Huset Park Development.
The name of the proposed plat will be Huset Park, Second Addition.
Phase 2 contains 12.8 acres. It is part of a larger 28-acre redevelopment area known as the Huset Park
Development. Phase 1 was reviewed by the Planning Commission and approved by the City Council in
June of 2005. Phase 2 includes 5 two-story townhome buildings and 17 three-story townhome
buildings. There are 32 units in the two-story townhomes and 122 units in the three-story ca1'l'iage
homes, for a total of 154 units tlu'oughout the proposed development. Each unit has two parking spaces
in the building and two in the driveway. There are an additional 93 parking spaces in parking bays or on
the private streets throughout Phase 2.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
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. This ensures the consistency with the Comprehensive Plan for the area.
ZONING
A concept site plan was prepared in 2004 by the developer as part of the preliminary development
agreement entered into with the City. The concept plan was found to be compatible with the provisions
of the Transit Oriented Mixed-use Zoning District. This zoning 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. The concept site plml showed a density of less than 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 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.
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PAGE 11
DESIGN GUIDELINES
The City Staff has prepared 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.
The guidelines 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 submitted plans meet all the requirements for the Design Guidelines imposed for
this development.
ANALYSIS
When the preliminary plat for Phase 2 was presented to the Planning and Zoning Commission,
there were three issues that the Commission wanted to be addressed prior to Final Plat approval.
The three issues included: the requirement for a landscaped fence separating the development
from University Avenue to closely resemble the fence used in the Fridley townhouse development
on the southwest corner of Mississippi Street and University Avenue, the requirement for a third
unit type that will be used throughout the development, and the requirement for a suitable
setback of the buildings from the Uuiversity Avenue street curb. Schafer/Richardson and Ryland
Homes has worked closely with the City to achieve these requirements.
Landscape Fence
The proposed landscape fence will be a black metal fence with brick pillars placed approximately 78
feet apart from one another. There will be 10 pillars installed along 780 feet of frontage on University
Avenue. Landscaping in the form of both deciduous and coniferous trees will be dispersed and
intermixed along the length of the fence and will provide an effective and aesthetic screening
mechanism for the development. The proposed plans for the fence indicate that the design would be
very similar to the fence used in the Fridley development (as presented in Figure 4).
The fence located on the nOlth side of the development, separating the townhouses from the commercial
building to the nOlth, shall be constructed of a 6-foot tall privacy fence, with a minimum of 80% opacity
on a year-round basis, to be approved by the City Planner. (as presented in Figure 5)
Third Unit Tvpe
Ryland Homes has successfully incorporated a third-unit type throughout the Phase 2 portion of the
development as directed by the Planning and Zoning Commission and City Staff. The third unit type is
called the Craftsman and is a three-story townhome with a tuck-under two-stall garage in the rear (as
presented in Figure 6). The fronts of these buildings will include a fieldstone band along the bottom 1/3
of the structure, with pillared porches, and two bands of different sized, heavy gauge (.042") vinyl
siding. City Staff will require that 19 of the end caps for these buildings will incorporate the field stone
work along the bottom 1/3 ofthe buildings, as outlined in Exhibit E (as presented in Figure 8) of the
Development Contract for Phase 2. The overall design of the buildings will also incorporate gabled
roofs with shake accents, meeting city staffs expectations on requirements for the third unit type.
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Building Setbacks
During the Preliminary Plat process, Ryland Homes proposed 2 rows of buildings that were located
substantially closer to the University Avenue curb line than the other buildings in the development. The
Planning aod Zoning Commission required that the two sets of buildings located closer to the curb be
placed at a setback consistent with the remainder of the development. The proposed plans indicate that
the two rows of buildings are now located further away from the University Avenue curb line, and
consistent with the setbacks of the remainder ofthe development. The setbacks of the buildings from
University Avenue are as follows:
Building #12:
Building #16:
Building #34:
Building #36:
Building #20:
Building #23:
Building #25:
82 feet
79 feet
91 feet
89 feet
79 feet
78 feet
77 feet
The average setback of the buildings along University Avenue to the curb line of University Avenue is
82 feet, which would meet all health and safety standards imposed by the City of Columbia Heights and
the State of Minnesota.
Street Lighting
The street lighting used throughout Phase 2 of the development will incorporate a black fluted column,
with a capped acorn-style bulb (as presented in Figure 7). The street lighting will be privately owned and
maintained by the association established for this development. The design for this lighting is also
consistent with the public streetlights that the City uses tln'oughout the Huset Park area.
Landscaping
The applicants have submitted a landscape plan for the entire development. This plan indicates the
different types of plantings throughout the general development as well as the specific plantings around
each building. The landscape plan also indicates the location of the proposed decorative fence
separating Phase 2 from University A venue. All green spaces throughout the development shall
incorporate automatic irrigation with rain shut-off gauges.
FINDINGS OF FACT
Final Plat
Section 9.104 (L) of the Columbia Heights zoning code requires that the City Council make each of the
following findings before approving a final plat:
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1. The final plat substantially conforms to the approved preliminary plat.
Several issues needed to be resolved before the approval of the Final Plat for Phase 2. The
following issues have been resolved:
1. Ensuring a minimum 75-foot setback of all buildings from University Avenue.
The proposed Final Plat indicates that all units have been set back a distance between 77
and 91 feet, satisfying the requirement.
2. Incorporating a third unit type in Phase 2 of the development. The approval of Phase 2
was contingent on the Planning and Zoning Commission approving the third unit type
throughout the development.
The third unit type incorporates a different design element not seen in other townhouse
developments, and will be the newest building type used by Ryland Homes. This unit type
meets all architectural design guidelines that have been established for this development
as well. One major difference between this unit type and the ones used in Phase 1 is the
incorporation of stonework throughout the building, as opposed to brick. (As presented in
Fig. 6)
3. Incorporating a decorative fence with appropriate landscaping along University Avenue,
to reflect the same design used in the new townhouse development in Fridley.
The Final Plat for Phase 2 includes a black steel fence with brick pillars along University
Avenue. This design satisfies the condition imposed on the Preliminmy Plat. (As
presented in Fig. 4)
4. Ensuring the approval of all the necessary street vacations throughout the development.
The City is processing the vacation for the University Avenue frontage road vacation. It
should be noted that the City Council would not be able to approve the Final Plat for
Phase 2 until the approval of the University A venue frontage road vacation has taken
place. (Sargent advised that this vacation has been completed).
5. Ensuring adequate access for emergency vehicles throughout the development. Fire
Chief Gorman has reviewed the plans for the Final Plat and did not indicate that this was
a continued issue. He was, however, concerned with the on-street parking, as it would
limit the access to one side of the buildings.
2. The final plat conforms to the requirements of g9.ll4.
99.114 is the Subdivision Regulations section of the City's Zoning ordinance. Conforming to this
section would require the appropriate information to be submitted to the City for Final Plat
approval. The applicants have met this requirement.
Staff recommends that the Planning Commission forward its approval of the Final Plat of the Huset Park
Second Addition, to the City Council, subject to the conditions discussed and noted.
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PAGE 14
Questions bv Commission members:
Thompson questioned the utility plans and the landscaping plans that were enclosed in the packets. He
said it looked as though trees and plantings will be done on top of the watermain running along
University Avenue. He said that there should be clear access in case repairs are needed to that line in
the future.
Merrie Sjogren from Shafer Richardson stated the watermain still needs to be located and moved. It
will be located at least 10 ft away from the fence and any plantings.
Thompson then stated he felt the street design was fine, but the curbs aren't that durable and are not
designed to hold up well under construction. He recommended other curb types that other cities have
found to work well. Sjogren responded that the curb designs stated on the plans meet city specs and are
adequate for residential use. Kevin Hansen, Public Works Director was present and verified that they do
meet the City's requirements. He explained they are using a 0-4-12 design. He said he can suggest the
shoe be modified which would affect the width, but he cannot make it a requirement.
Fiorendino asked what sidewalks are common and public as noted in conditions for approval. Sargent
explained that those that are adjacent to streets that any resident cml use are included in the conditions.
The sidewalks to individual residences with steps up to the entrances are not included and do not need to
meet ADA requirements.
Szurek stated that when this project was originally proposed, it was plaillled to be totally owner
occupied. Now 5% could be rental, ffild she felt that was misleading. Sargent said that's a state
requirement. Merrie Sjogren from Shafer Richardson said it is their intent that all the units be owner
occupied, but it is hard to control that, so they have put a maximum cap on it in hopes of doing so.
Brian Sullivan from Ryland Homes said they try to limit the number of units sold to known investors to
5%. By putting the clause in the Homeowner's Association Documents, once any units are identified
as rental, they are informed that once a renter leaves, the unit has to be sold or the owner would have to
move into the unit. Eventually, over time, this ensures that almost all the units are owner occupied.
Another issue discussed was the requirement that 10-20% ofthe units be considered affordable housing.
The members asked exactly what this meant. Sullivan explained this is a requirement for the grant clean
up money that was used for the redevelopment project. He explained that it relates to the sales price of
the units which targets a $213,000 figure. He said that several of the interior units meet this target price
point as long as a lot of upgrades aren't added, so the requirement should be met.
Schmitt questioned the comment about the commercial use being consistent with the Comprehensive
Plan when there hasn't been any proposed yet. Sargent explained that it is part of the overall project and
will be included in the plans for Phase III.
PLANNING & ZONING COMMISSION MINUTES
MEETING OF MARCH 8, 2006
PAGE 15
Thompson asked about the policy for keeping the streets clean and free of mud. He said the streets were
very muddy when he visited the site this week. Sullivan said they are swept twice a week and that
Public Works has been keeping track of this and reporting any problems in between sweepings. He said
they are trying to stay on top of the mess to the best of their ability, and he will pass on the
commissioner's comments.
The Public Hearing was Opened:
No one was present to speak on this issue, so the Public Hearing was closed.
Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Council approve
the Final Plat of The Huset Park, Second Addition Subdivision based on the following conditions:
I. The Homeowner's Association (HOA) Documents shall reflect that no more than five percent (5%) of
all units shall be rental units, The Developer's Contract shall also indicate this through reference to
the HOA documents,
2. The Common Interest Community documents shall clearly state the responsibilities of the City and
homeowner '.I' association related to streets and utilities.
3, All streets with the exception of Lookout Place, storm water, street lighting, signage and striping
serving the development shall be privately owned and maintained.
4. The developer must provide the City with locatable references for service lines, such as swing ties
and GPS coordinates.
5, All common and public sidewalks shall meet ADA requirements for pedestrian ramps and grade,
6, All green areas shall incorporate automatic irrigation with rain shut-off gauges.
7 The pillars used for the fencing along University Avenue shall be brick to match the color of stone used
on the Craftsman style of building. The location of the pillars shall be consistent with the locations
outlined in Figure 4 as presented.
8, The fence located on the north side of the development, separating the townhouses from the commercial
building to the north, shall be constructed of a 6-foot tall privacy fence, with a minimum of 80% opacity
on a year-round basis, to be approved by the City Planner,
9. The third unit-type used throughout the Phase 2 Development shall be the Craftsman-style building
depicted in Figure 6 as presented.
IO. All vinyl siding used on the buildings within the development shall be of a heavy gauge (0.042 '') material.
II. The lighting used throughout the development must follow the lighting design as portrayed in Figure 7 as
presented.
PLANNING & ZONING COMMISSION MINUTES
MEETING OF MARCH 8, 2006
PAGE 16
12. The stonework on the front of the Craftsman type of building shall be incorporated on 19 of the units
specifically mentioned in Exhibit E of the Developer's Contract throughout the development, and shall
cover the bottom 1/3 of the buildings, as approved by the City Planner.
13. The number of affordable units throughout the development shall be between 10-20% of the total number
of units.
All ayes. MOTION PASSED.
This will go to the City Council at one of the March 2006 meetings.
NEW BUSINESS
None
MISCELLANEOUS
None.
The meeting was adjourned at 8: 15 pm
Respectfully submitted,
Shelley Hanson
Secretary