HomeMy WebLinkAboutNovember 8, 2006
PLANNING AND ZONING COMMISSION
MINUTES OF THE REGULAR MEETING
NOVEMBER 8, 2006
7:00 PM
The meeting was called to order at 7:00 pm by Chairperson, Marlaine Szurek.
RollCall:
Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek.
Also present were Jeff Sargent (City Planner), Shelley Hanson (Secretary), and Bruce Kelzenberg
(Council Liaison).
Motion by Peterson, seconded by Fiorendino, to approve the minutes from the meeting of October 3,
2006. All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE:
APPLICANT:
LOCATION:
REQUEST:
2006-1102
Eric Wade Russell
3806 Jacksou Street
VARIANCE A 5-foot side yard setback variauce to the north, a 15-
foot side yard setback variance to the south for a new house, and two
3-foot side yard setback variances for a driveway.
INTRODUCTION
At this time, Wade Russell is requesting four (4) variances in association with the construction of a new
house located just south of the house located at 3806 Jackson Street. Two variances are needed for the
placement of the principal structure on the property. They include a 5-foot side yard setback variance to
the north lot line and a IS-foot side yard setback variance to the south lot line, per Code Section 9.109
(C). The other two variances are needed for the placement of a shared driveway. Both properties will
require a 3-foot side yard setback variance for the driveway per Code Section 9.109 (C).
The applicant proposes to construct a new house just south ofthe existing house located at 3806 Jackson
Street. The current legal description of the property in question describes two separate lots. Because
these are buildable lots of record, the applicant is able to split these parcels through Anoka County, and
request the necessary variances through the City of Columbia Heights. The lots of records are
undersized according to today's lot size requirements in the R-3 District. However, there is a provision
in the Zoning Code that allows the construction of a new principal structure on a buildable lot of record,
as long as the lot of record meets 60% of the minimum lot area or lot width requirements for the district
in which it is located.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area towards Low Density Residential, and the proposed use is a
single-family residence. The use is consistent with the types of uses found in Low Density
classifications. The proposal will include a new house and garage on the southern parcel and a new
garage for the existing structure on the northern parcel.
PLANNING & ZONING COMMISSION MINUTES
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NOVEMBER 8, 2006
ZONING CODE
The property is zoned R-3, Limited Multiple Family Residential District, as are all the properties in the
area. The R-3 District requires the following minimum setback requirements:
Front yard:
Side yard:
Corner side yard:
Rear yard:
Average Requirement
20 feet
30 feet
25 feet
The applicant's lot is located in the middle of the 3800 block of Jackson Street and is 40 feet in width.
Any new improvement to the property would have to meet the minimum side yard setback of 20 feet.
Given this, the current setback requirements would make it impossible for the applicant to build
anything on her propelty without first obtaining a variance to do so. If this property were located in the
R2-A, One and Two Family Residential District, no variance would be required for the side yard
setbacks for the proposed building.
Code Section 9.106 (B)(4) of the Zoning Code states that a lot of record shall be deemed a buildable lot
provided it has frontage on a public right-of-way and meets the setback and area requirements for the
district in which it is located, or adjusted to conform as follows: a lot or lot of record upon the effective
date of [the code] which is in a residential district and which doe not meet the requirements of [the code]
as to area or width, may be utilized for single-family detached dwelling purposes provided the
measurements of such lot meets 100% of the front yard, side yard and rear yard setback requirements for
the district in which it is located and 60% of the minimum lot area or lot width requirements for the
district in which it is located. The parcel in which the applicant would like to construct a new house is
40' X 129.15', or 5,166 square feet in area, or 79.5% of the minimum standard. Given that the lot area
requirements are met, the applicant would still require the setback variances in order for this property to
be considered buildable.
FINDINGS OF FACT
The following are required findings that the
request:
1.
City Council must make before approving a variance
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 article would cause undue hardship.
The hardship for this property is that the prope1ty is not wide enough to accommodate any type
of new construction. The minimum setback requirements imposed by the Zoning Code disallow
the applicant to construct anything on the property. For this reason, the applicant is unable to use
her land in the same manner as other residents in the R-3 District.
The topography of the property along the alley is excessive as well. An option that the applicant
has is to orient the garages towards the alley. This would be extremely difficult to do, as it
would require excessive land excavation. Utilizing a shared driveway for the properties would
enable the applicant to construct the garages without the hardship of extensive excavation.
PLANNING & ZONING COMMISSION MINUTES
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NOVEMBER 8, 2006
2, The conditions upon which the variance is based are unique to the specific parcel of land
involved and are generally not applicable to other properties within the same zoning
classification.
The subject parcel is a 40-foot lot in the R-3 District. The conditions upon which the variance is
based are unique to all 40-foot lots in the R-3 District. By conducting a survey of all single-
family houses in the R-3 District, it was determined that the average lot width for these parcels
was approximately 51 feet.
3. The difficulty or hardship is caused by the provisions of this article and has not been created
by any person currently having a legal interest in the property,
The provisions of the Zoning Code require setback standards that are too extreme for this
particular piece of propelty in the R-3 District. In the R2-A District, this proposed building
would not require setback variances, The applicant has not created the hardship being used to
justify the granting of the variance requests,
4, The granting of the variance is in harmony with the general purpose and intent of the
Comprehensive Plan.
The intent of the Comprehensive Plan for this area is to promote Low Density Residential
housing, Improvements on a pre-existing low-density parcel are consistent with the purpose and
intent ofthe Comprehensive Plan,
5, The granting of the variance 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,
Granting these variance requests would SUPPOlt the type of housing that the Comprehensive Plan
support. The addition of a new house in the area would be consistent with the type of housing
surrounding it. The addition of a garage for the existing principal structure would also bring the
existing property in more compliance, as the Zoning Code requires a minimum 20' x 20' garage
on all residential properties,
After reviewing this variance application, Staff concludes that the setback requirements for the R-3
District peltaining to one and two family dwellings do not allow the construction of a single family
home, Granting the applicant's variance requests would allow the applicant to use the property in the
same fashion as any other single-family dwelling owners can utilize theirs in the R-3 District. Staff
recommends approval of the variance requests,
Ouestions from Commission members:
Szurek asked whether the lot had been split yet. Sargent explained that the parcel was originally platted
as two separate lots. The existing house sits on one ofthe lots, Because they were already platted as
two lots, he can separate them without Council approval.
Szurek questioned what address would be assigned to the new house. Sargent answered that the new
address will be assigned by personnel in the Building Department. Szurek then asked if the new house
would meet the side yard setback of 5 feet, which is the requirement if the property were zoned
differently, as most other residential properties are, He stated that it would meet that requirement. He
went on to explain that the existing house is grandfathered in at a 4 foot setback to the side property line,
That is where the house was placed years ago and the property line is not being changed at all.
PLANNING & ZONING COMMISSION MINUTES
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NOVEMBER 8, 2006
Szurek then questioned placement of the driveway, and whether it was going to be up against the house.
She is worried about drainage. Sargent responded that since this will be new construction, it will have to
be designed to drain properly. He reminded the members that it is a condition of approval and the owner
will have to provide the proper elevations and drainage information to Engineering for approval prior to
the permit being issued.
Thompson was also concerned about drainage issues, as elevations weren't provided with this request.
He doesn't like the shared driveway situation and he was hesitant to grant approval for variances to
accommodate the driveway as proposed without all the information. Again, Sargent stated that the
Engineering Dept. will have to approve the construction of the driveways to ensure that drainage is
directed correctly.
The Public Hearing was opened.
No one wished to speak on this matter.
Eric W. Russell, owner of the property who lives at 2994 Old Hwy 8, Roseville, stated he will work with
the Engineering Dept to make sure the excavating and drainage are done properly. He plans on moving
his mother into the existing house at 3806 Jackson St. so he doesn't want to adversely affect that
property either.
Thompson asked him if he had considered excavating the rear yard where the garages will be located, so
that they could be accessed off the alley rather than having the driveway run the length ofthe property
from Jackson St. He said he had considered it, but he felt it might be too cost prohibitive. He will
decide prior to submitting the building plans.
The Public Hearing was closed.
Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council
approve 5-foot side yard setback variance and the 15-foot side yard setback variance for the
construction of a new house, and the two 3-foot side yard setback variances for the construction of a
new shared driveway for the property located at 3806 Jackson Street with the following conditions:
I. All application materials, maps, drawings and other descriptive information submitted
with this application shall become part of the permit.
2. The applicant shall obtain a "Work Within the Right-oj:way" permit from the
Engineering Departmentfor the construction of the curb cutfor the new driveway.
3. The garages shall be architecturally compatible to the principal structures, incorporating
similar building materials and colors.
4. The applicant shall establish a driveway easement agreement for the shared driveway
and record it with Anoka County.
Thompson-no, Fiorendino-abstained, Schmitt, Peterson, Szurek-aye. MOTION PASSED.
The following resolution will go to the City Council on November 13,2006.
PLANNING & ZONING COMMISSION MINUTES
PAGE 5
NOVEMBER 8, 2006
DRAFT RESOLUTION NO. XXXX
RESOLUTION APPROVING A VARIANCE
FROM CERTAIN CONDITIONS
OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE
FOR ERIC WADE RUSSELL
WHEREAS, a proposal (Case # 2006-1102) has been submitted by Wade Russell to the City Council requesting
a variance from the City of Columbia Heights Zoning Code at the following site:
ADDRESS: 3806 Jackson Street
LEGAL DESCRIPTION: Lot 14 and IS, Block 85, Columbia Heights Annex to Minneapolis, Anoka
County, Minnesota.
THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 5-foot side yard setback variance for a new
house per Code Section 9.109 (C), a 15-foot side yard setback variance for a new house per Code Section
9.109 (C), and two 3-foot side yard setback variances for a new driveway per Code Section 9.1 09 (C).
WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on
November 8, 2006;
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to
public safety, in the surrounding area;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City
Council accepts and adopts the following findings of the Planning Commission:
1. Because of the particular physical surroundings, or the shape, configuration, topography, or other
conditions of the specific parcel ofland involved, where strict adherence to the provisions of this
Ordinance would cause undue hardship.
2. The conditions upon which the variance is based are unique to the specific parcel of land involved
and are generally not applicable to other properties within the same zoning classification.
3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by
any person currently having legal interest in the property.
4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive
Plan.
5. The granting of the variance 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.
FURTHER, BE IT RESOLVED, that the attached conditions, plans, maps, and other information shall become
palt of this variance and approval; and in granting this variance the city and the applicant agree that this variance
shall become null and void if the project has not been completed within one (I) calendar year after the approval
date, subject to petition for renewal of the permit.
CONDITIONS:
1. All application materials, maps, drawings and other descriptive information submitted with this
application shall become part of the permit.
2. The applicant shall obtain a "Work Within the Right-oi-way" permitfi'om the Engineering
Departmentfor the construction of the curb cutfor the new driveway.
3. The garages shall be architecturally compatible to the principal structures, incorporating similar
building materials and colors.
4. The applicant shall establish a driveway easement agreement for the shared driveway and record it
with Anoka County.
PLANNING & ZONING COMMISSION MINUTES
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NOVEMBER 8, 2006
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2006-11 03
Crest View Corporation
4444 Reservoir Bonlevard
Conditional Use Permit for Senior Living Facility
INTRODUCTION
At this time, the applicant is proposing an addition to the Crest View Senior Communities building,
located at 4444 Reservoir Boulevard. The property is zoned R-3, Multiple Family Residential, and the
use ofthe property as a senior care facility is a Conditional Use. Any time an applicant requests an
expansion to an existing Conditional Use, they must go tln'ough the Conditional Use Permit process.
The proposed addition will add a lobby and related renovation for the Crest View Lutheran Home,
which is currently lacking on site. In addition, a new 20-stall parking garage will be added, allowing
senior residents additional indoor parking spaces. Currently, some indoor parking space is provided, but
additional garage space is needed.
PLANNING CONSIDERATIONS
Comprehensive Plan
The Comprehensive Plan guides this area towards High Density Residential. The addition to the
existing senior living facility is a high-density residential use, and is consistent with the Comprehensive
Plan for the area.
Zoning Ordinance
The property is zoned R-3, Multiple Family Residential. The properties to the east and south are zoned
R-I, Low Density Residential. The properties to the west are zone R2-A, One and Two Family
Residential. The properties to the north are the Minneapolis Waterworks Site and Keyes Park.
The R-3 District allows for congregate living facilities, including nursing homes, senior housing and
assisted living facilities with a Conditional Use Permit. When an existing establishment requests an
expansion, an additional Conditional Use Permit is required to assure that the expansion meets the
minimum standards of the District.
Parking. The Code requires one (I) parking stall for every two (2) beds in a nursing home, and one (I)
stall per every two (2) units in a senior housing or assisted living facility. The number of beds on the
Crest View Campus is as follows:
Crest View Lutheran Home
The Boulevard Housing with Services
Royce Place Assisted Living & Crest View Care Office
Columbia Village Housing with Services HUD 202
122 Beds = 61 Stalls
75 Beds = 38 Stalls
50 Beds = 25 Stalls
40 Beds = 20 Stalls
Total:
287 Beds = 144 Stalls
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NOVEMBER 8, 2006
With a total of 287 beds on the campus, coupled with the fact that there is no more than one bed per
room, the required number of parking spaces for the entire campus is 144 stalls. Currently, the entire
campus has 187 outside parking stalls and 17 covered parking stalls on site.
The proposed plan would reduce the number of outside parking stalls by three (3), but would increase
the number of inside parking stalls by 20. When the project is complete, the campus as a whole would
include 221 parking stalls, exceeding the City's minimum requirements.
Fire Access. The Fire Chief has reviewed the proposed plans for the additions to the building and the
parking garage. The construction of the new parking garage would require the removal of a fire lane
needed to access a pOltion of the campus. The Fire Chief stated that a new fire lane would need to be
added to the south of the proposed 20-stall garage, to be within a minimum 150 feet of the Crest View
Lutheran Home.
FINDINGS OF FACT
Section 9.1 04 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to
grant a Conditional Use Permit. They are as follows:
(a) The use is one of the conditional uses listed for the zoning district in which the propelty is
located, or is a substantially similar use as determined by the Zoning Administrator.
The proposed use is specifically mentioned as a Conditional Use in the R-3, Multiple Family
Residential District.
(b) The use is in harmony with the general purpose and intent of the comprehensive plan.
The use is in harmony with the general purpose and intent of the comprehensive plan, as it is
High Density Residential.
( c) The use will not impose hazards or disturbing influences on neighboring properties.
The proposed additions would be appropriate for the existing use of the buildings. The
proposed additions would also meet all required setbacks for the R-3 District, and thus shall
not impose hazards or disturbing influences on neighboring properties.
(d) The use will not substantially diminish the use of property in the immediate vicinity.
All setback requirements will be met with the proposed additions to the existing structures.
For this reason, the use of the properties in the immediate vicinity will not be diminished.
(e) 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.
The proposed addition to the building will not alter the way that the existing business has
been operating throughout its existence. The use will be designed, constructed and
maintained in a proper fashion.
PLANNING & ZONING COMMISSION MINUTES
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NOVEMBER 8, 2006
(f) The use and property upon which the use is located are adequately served by essential public
facilities and services.
The use and property upon which the use is located are adequately served by essential public
facilities and services.
(g) 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 City Engineer has reviewed the proposed plans and did not have any issues with traffic
congestion. Typically, this type of use does not generate an excess amount of traffic in the
area.
(h) The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses is the immediate vicinity.
The proposed addition will help facilitate a senior living facility, which is permitted as a
Conditional Use in the District it is located. It is intended that the use will not cause a
negative cumulative effect on the immediate vicinity.
(i) The use complies with all other applicable regulations for the district in which it is located.
The use complies with all other applicable regulations for the district in which it is located.
City Staff recommends that the Planning Commission recommend approval of the proposed addition to
the senior living facility with the conditions noted in the motion.
Questions from Commission members:
Schmitt asked whether the addition of the fire lane needs to be submitted prior to the City Council
approving the request. Sargent said as long it is a condition of approval, that would suffice. The Fire
Chief needs to approve the new Fire Lane location as part of the review prior to the building permit
being issued. And as he is the person who approves it, he will know whether it meets the requirements
or not.
Mike Trossen, the Architect for the project, was present to answer questions.
Fiorendino asked who the primary users of the new garage parking would be. Trossen stated it would be
the residents of the Blvd. Apartments which is the facility for Independent Senior Living.
Public Hearing was opened:
No one wished to speak on this issue.
Public Hearing was closed:
PLANNING & ZONING COMMISSION MINUTES
PAGE 9
NOVEMBER 8, 2006
Motion by Schmitt, seconded byFiroendino, that the Planning Commission recommends the City
Council approve the Conditional Use Permitfor an addition to the senior living facility located at 4444
Reservoir Boulevard, 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. All required state and local codes will be met and in full compliance.
2. All application materials, maps, drawings and descriptive information submitted with this
application shall become part of the permit.
3. Afire lane will be added., and located no less than 150feetfi'om the Crest View Lutheran Home.
Plans to be approved by the Fire Chief prior to the issuance of a building permit for the
additions.
All ayes. MOTION PASSED.
The following Resolution will go to the City Council November 13,2006.
RESOLUTION NO. .xxxx
RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR
CREST VIEW CORPORATION
WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA
WHEREAS, a proposal (Case #2006-1103) has been submitted by the Crest View Corporation. to the City
Council requesting a conditional use permit from the City of Columbia Heights at the following site:
ADDRESS: 4444 Reservoir Boulevard
LEGAL DESCRlPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section
9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family
Residential District.
WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on
November 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 ofthe community
and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, propelty values,
light, air, danger of fire, and risk to public safety in the surrounding areas; and
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 ofthe Planning Commission:
1. The use is one of the conditional uses listed for the zoning district in which the propelty 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 ofthe 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 propelty 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.
PLANNING & ZONING COMMISSION MINUTES
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NOVEMBER 8, 2006
6. The use and propelty 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 veal' after the approval date, subject to
petition for renewal of the permit.
CONDITIONS ATTACHED:
1. All required state and local codes will be met and in full compliance.
2. All application materials, maps, drawings and descriptive information submitted with this application
shall become palt of the permit.
3. A fire lane will be added, and located no less than 150 feet from the Crest View Lutheran Home. Plans to
be approved by the Fire Chief prior to the issuance of a building permit for the additions.
CASE NUMBER:
APPLICANT:
LOCATION:
REQUEST:
2006-1104
Pratt Ordway, LLC
2101 - 37th Avenue
Comprehensive Plan Amendment, Zoning Amendment, and Preliminary Plat
Approval.
INTRODUCTION
At this time, Pratt Ordway, LLC is requesting three (3) approvals in association with the construction of
a senior assisted living facility. They are as follows:
1. A Comprehensive Plan Amendment to reguide a portion of the subject property from
Commercial to High Density Residential.
2. A Zoning Amendment to rezone a portion of the subject property from GB. General Business
to R-3, Limited Multiple Family Residential.
3. A Preliminary Plat approval.
The project in its entirety will require the following approvals: A Comprehensive Plan Amendment, a
Zoning Amendment, a Preliminary Plat, a Final Plat, a Site Plan Approval, and a Conditional Use
Permit. It is intended that the applicant will apply for all of these within a 60 to 90-day time period.
The applicant is proposing the split the subject property located at 2101 - 3ih Avenue into two parcels.
The northern parcel will be approximately 2.47 acres and will be the location of a 58-unit assisted living
facility to be constructed and managed by ComfOlts of Home.
Comforts of Home is an established company and currently operates assisted living communities in
Hugo and Blaine, and nine (9) communities in Wisconsin. There are also communities in White Bear
Lake, Cottage Grove, Forest Lake, North Branch, Lino Lakes and Maplewood in development.
PLANNING & ZONING COMMISSION MINUTES
PAGE II
NOVEMBER 8, 2006
Comf0l1s of Home provides various types of senior housing and levels of care to its customers, but will
focus on an assisted living facility in Columbia Heights.
The proposed Comforts of Home building will incorporate a Montessori school as well. The school will
be run independently from the assisted living facility, and will be located on the north end of the
building.
The southern parcel will be approximately one (I) acre in size. This property will be a commercial pad
and possibly the location of a new City-owned liquor store.
PLANNING CONSIDERATIONS
Comprehensive Plan
The Comprehensive Plan guides the prope11y at 2101 - 37th Avenue "Commercial". Consequently, the
proposed use of the land would not meet the intent of the Comprehensive Plan. Therefore, the property
needs to be reguided to High Density Residential to allow for an assisted living facility. For this reason,
the applicant is requesting a Comprehensive Plan Amendment to reguide the northern parcel from
"Commercial" to "High Density Residential". It should be noted that the parcel just north ofthe subject
prope11y is also guided towards High Density Residential in the Comprehensive Plan.
Zonin2 Ordinance
The prope11y at 2101 - 37th Avenue is currently zoned GB, General Business. As pm1 of the overall
request for the use of the land, the applicant would like to rezone the n0l1hern 2.47 acres of the property
to R-3, Limited Multiple Family Residential. This zoning classification is consistent with abutting
propeJ1y zoning classifications, and would enable Comforts of Home to locate on the parcel with a
Conditional Use Permit.
The R-3, Limited Multiple Family Residential District requires a minimum of 400 square feet of land
area for everyone (I) unit for a congregate living facility. The proposed assisted living facility will
have 58 units, requiring a minimum of23,200 square feet ofland. The proposed land area for the parcel
will be 107,593 square feet, meeting the minimum land area requirement for the district.
FINDINGS OF FACT
Zoning Amendment
Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the
following findings before approving a zoning amendment:
1. The amendment is consistent with the Comprehensive Plan.
The proposed zoning amendment will rezone a portion of the subject property from GB, General
Business, to R-3, Limited Multiple Family Residential. The applicant is concurrently requesting
a Comprehensive Plan Amendment, which would make the proposed zoning amendment
consistent with the new Comprehensive Plan designation of High Density Residential.
2. The amendment is in the public interest and is not solely for the benefit of a single prope11y
owner.
The proposed zoning amendment would rezone a parcel of land for the proposed use of a senior
assisted living facility. This type of use would be a benefit to the general public. The
Comprehensive Plan indicates a housing goal of life-cycle housing available to the public. It
also encourages the City to ensure that the community's elderly residents and residents with
special needs have safe, sanitary and affordable housing.
PLANNING & ZONING COMMISSION MINUTES
PAGE 12
NOVEMBER 8, 2006
3. Where the amendment is to change the zoning classification of a particular property, the
existing use of the propeliy and the zoning classification of property within the general area
of the propeliy in question are compatible with the proposed zoning classification.
The proposed zoning classification of the parcel in question is R-3, Limited Multiple Family
Residential. This is consistent with the existing zoning of the parcel abutting the subject property
to the north. For this reason, the proposed zoning classification would be compatible with the
existing zoning of the property in the general area.
4. 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 propeliy was placed in the current zoning
classification.
The use of this property has been as a movie theater since 1971, when it was built. In 2004, the
theater closed as a result of a declining competitiveness of this location as a theater site.
Consequently, while the market for movie theaters has declined, the demand for senior assisted
living housing has grown.
Preliminary Plat
Section 9.104 (K) 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 99. I 14.
The preliminary plat has been reviewed by the City Engineer in regards to the proposed grading
and drainage of the property, all utilities, as well as the storm water management on site. The
landscape plan and lighting plan will be reviewed at the time of the Final Plat for the project.
2. The proposed subdivision is consistent with the Comprehensive Plan.
Once the Comprehensive Plan is amended to guide the northern parcel as High Density
Residential, the proposed subdivision will be consistent with the Comprehensive Plan. The
southern parcel remains guided as "Commercial".
3. The proposed subdivision contains parcel and land subdivision layout that is consistent with
good planning and site engineering design principles.
Kevin Hansen, City Engineer, has received and reviewed all engineering plans for the
preliminary plat application. He has indicated that the site is located within the Rice Creek
Watershed District, and would need to be reviewed by that body prior to the City approving the
Final Plat. Mr. Hansen also encourages the use of rain gardens to help with the treatment of
surface waters for the site. The applicant has agreed to look into this possibility. Because this
site has been previously built on, all other sanitary services for the property are in placed and
sized correctly for the proposed project.
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. Staff recommends approval of the requests.
PLANNING & ZONING COMMISSION MINUTES
PAGE 13
NOVEMBER 8, 2006
Questions from Commission members:
Fiorendino asked when the Lot Split would need to occur? Sargent stated that by approving the
Preliminary Plat, the lot split is complete. Fiorendino then asked why staff thinks it is better to develop
the site as residential rather than commercial? Sargent responded that one goal of the Comprehensive
Plan is to ensure that life cycle housing is kept up and that Sr. housing is provided for current residents.
Because this site has already been vacant for more than two years without much interest from
commercial developers, staff felt it would be a nice fit for that area. By abutting the new Assisted
Living Bldg. to the current apartments that house mostly seniors to the north, this is a natural fit to the
area overlooking Hati Lake. It is exactly what the City wanted to do with this area, even though only a
small part is being done at this time.
The question was asked if the City would be purchasing the site for the possible Liquor Store or leasing
the space. Sargent said if the plan goes through, the City would be purchasing the site, but a final
decision has not been made on that at this time.
Schmitt questioned how a Liquor store could be located so closely to the Montessori School. We have a
300 foot minimum distance between such uses according to our City Ordinance.
Sargent explained that if the Liquor Store were to be located first, the Montessori School could then
locate there if they so choose. However, if the Montessori School were there first, then the Liquor Store
would not be allowed to go in that close to the school. All parties are aware of the proposed plans, and
have determined that it wouldn't be an issue. He said there would be approximately 220 ft between the
two buildings as the planned commercial site is being moved forward toward 3ih Avenue. Right now,
the current Liquor Store is in much closer proximity to where the Montessori School would possibly be
located. Sargent went on to explain that at this time the Commission is not being asked to approve a
site plan and that the Liquor Store is just a proposed use of the commercial site at this time. The
decision the members must make tonight is whether to approve amendments to the Comprehensive Plan,
the Zoning Ordinatlce, and the Preliminary Plat.
Fiorendino asked if city stafffelt this was in the best interest of the City to find a way around the
Ordinance requirements, and to locate a Liquor Store at this particular site. Sargent explained that it was
not his decision to make.
Peterson also felt that the welfare of the community and children should be protected and that this
proposed use is not in keeping with the intent of the established Ordinance. Sargent again reminded
members that this decision is not pati of the request before them tonight. Those issues will be addressed
at the time the Site Plan is considered. By then, a more concrete plan for the intended use will be
known.
The Public Hearing was opened:
Ray Muno of3813 Hayes St. at first was concerned about losing retail property. But after looking at the
plan he thought it would be a nice fit in the area. He feels storm water and drainage issues would be
addressed by nice landscaping and garden areas, that in turn, will protect Hart Lake. He also thinks the
Liquor Store issue is not worth worrying about as the current Liquor Store is actually closer to the
PLANNING & ZONING COMMISSION MINUTES
PAGE 14
NOVEMBER 8, 2006
proposed location of the Montessori site. He did express his opinion that he thought 37th Place should
be reconstructed and realigned now that Minneapolis does not have ownership or control of it any
longer.
Sargent said they will be looking at that, not necessarily as part of this project, but sometime in the
future as staff also knows this needs to be done.
Darryl Gamer from Pratt Ordway stated that the use of the commercial site is yet to be determined. The
only thing known for sure at this point is the Assisted Living Building and the Montessori School are
part of the plan.
The Public Hearing was closed.
Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council
approve the preliminmy 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:
I. 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.
3. All construction traffic must be controlled and shall be directed through the vehicle tracking
pads, as indicated on the SWP P P plan.
4. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter.
5. If any existing curb and gutter grades are less than one percent (1%) at the driveway cuts,
provide a concrete cross gutter.
6. All erosion control measures shall be installed and inspected by the City prior to any site
activities beginning.
7. Any site grading prior to final plat approval will require an excavation permit, obtained pom the
Engineering department.
8. An NP DES permit will be required, at the time of construction. The City also reserves the right
to require additional erosion control measures during construction, as conditions warrant.
9. All restoration of turf areas in the Public Right-ol-Way (ROW) shall be by foul' (4) inches of
topsoil/sodding.
10. All work within Public ROW shall be inspected by the City Engineering Department. Twenty
foul' (24) hour advance notice of an inspection is required.
11. All utilities (water main, sanitary sewer and storm sewel), shall meet the City of Columbia
Heights specifications for materials and installation.
12. Disconnect any existing utility service stubs in accordance with Public Works requirements.
13. All sidewalks shall meet ADA requirements for pedestrian ramps and grade.
14. At final plan submittal, the developer must provide plan/profile sheets for the utilities.
15. The Development area is in the Rice Creek Watershed District, which requires a separate permit
for sUlface water management. All ayes. MOTION PASSED.
PLANNING & ZONING COMMISSION MINUTES
PAGE 15
NOVEMBER 8, 2006
Motion by Peterson, seconded by Schmitt, that the Planning Commission recommend the City Council
approve the Comprehensive Plan Amendment to change the guidance of the landfrom "Commercial" to
"High Density Residential". All ayes. MOTION PASSED.
Motion by Peterson, seconded by Schmitt,that the Planning Commission recommend that the City
Council approve the rezoning of the northern property from GB, General Business, to R-3, Limited
Multiple Family Residential 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:
i. The approval of the rezoning of the property is contingent on the Metropolitan Council's
approval of the Comprehensive Plan Amendment.
All ayes. MOTiON PASSED.
The following Ordinance and Resolutions will go to the City Council November 13,2006. Sargent
explained the Ordinance will have to have two readings, and will become effective 30 days later. Once
that is in effect and the Comprehensive Plan has been amended, then the Final Plat, Site Plan, and
Conditional Use Permits can be addressed.
ORDINANCE XXXX
CITY OF COLUMBIA HEIGHTS, MINNESOTA
BEING AN ORDINANCE PERTAINING TO ZONING AND DEVELOPMENT ORDINANCE NO. 1428,
PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 2101- 37TH
A VENUE NE
SECTION 1:
WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City to
focus redevelopment efforts on in an attempt to beautify the City and encourage positive growth; and
WHEREAS, the City of Columbia Heights recognizes that the GB, General Business zoning does not allow the
flexibility needed to accommodate successful redevelopment in accordance with the proposed development; and
WHEREAS, rezoning from GB, General Business to R-3, Limited Multiple Family Residential provides
flexibility in the project redevelopment, and allows for an assisted living facility and a higher density land use;
and
WHEREAS, the rezoning is consistent with the City Comprehensive Plan, as amended by Resolution XXXX,
and is in the public interest and not solely for the benefit of a single propmty owner; and
WHEREAS, the zoning classification of the property for the proposed development is compatible with the
proposed R-3, Limited Multiple Family Residential classification, and
BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the
proposed rezoning from GB, General Business to R-3, Limited Multiple Family Residential.
SECTION 2:
This ordinance shall be in full force and effect from and after 30 days after its passage.
PLANNING & ZONING COMMISSION MINUTES
PAGE 16
NOVEMBER 8, 2006
RESOLUTION XXXX
CITY OF COLUMBIA HEIGHTS, MINNESOTA
A RESOLUTION PERTAINING TO A COMPREHENSIVE PLAN AMENDMENT FOR THE
PROPERTY LOCATED AT 2101 - 37TH A VENUE NE, IN THE CITY OF COLUMBIA HEIGHTS.
WHEREAS, the City of Columbia Heights has indicated the Apache Theatre site as a specific area in the City to
focus redevelopment efforts on in an attempt to beautifY the City and encourage positive growth; and
WHEREAS, the City of Columbia Heights recognizes that the "Commercial" land use designation of the subject
property in the Comprehensive Plan does not allow the flexibility needed to accommodate successful
redevelopment in accordance with the proposed development; and
WHEREAS, the proposed development is consistent with the description of the High Density Residential
District; and
WHEREAS, the Metropolitan Council's residential density guidelines for "Developed" communities is 5 units
plus pel' acre, with higher densities in locations with convenient access to l1'ansportation corridors and the
proposed development consists of congregate housing, in which the zoning code allows the proposed 23 units pel'
acre; and
WHEREAS, the Comprehensive Plan Amendment supports other policies of the Metropolitan Council such as
reinvestment/redevelopment, planning pedestrian and bicycle connections between workplaces, residences, retail
and services, using High Density Residential zoning, and supporting a healthy living environment; and
WHEREAS, the City's approval of the Comprehensive Plan amendment for the subject property is contingent on
Metropolitan Council review and the amendment will be sent to the Metropolitan Council accordingly; and
BE IT FURTHER RESOLVED that the Planning and Zoning Commission conducted a public hearing to review
the Comprehensive Plan Amendment and recommends approval of the proposed amendment changing the land
use designation for the subject propertiesfi'om Commercial to High Density Residential.
RESOLUTION NO. XXXX
RESOLUTION APPROVING A PRELIMINARY PLAT SUBDIVISION
WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC
WHEREAS, a proposal (Case No. 2006-1104) has been submitted Pratt Ordway, LLC to the City Council
requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site:
ADDRESS: 210l-371h AvenueNE
EXISTING LEGAL DESCRIPTION: On File at City Hall
PROPOSED LEGAL DESCRIPTION: TBA
THE APPLICANT SEEKS APPROVAL OF A PRELIMINARY PLAT SUBDIVISION.
WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission
regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its
Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk
to public safety, in the surrounding area; and has held the required public hearing on this proposal on November
8, 2006.
PLANNING & ZONING COMMISSION MINUTES
PAGE 17
NOVEMBER 8, 2006
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 proposed preliminary plat conforms to the requirements of {19. 114.
2. The proposed subdivision is consistent with the Comprehensive Plan.
3. The proposed subdivision contains parcel and land subdivision layout that is consistent with good
planning and site engineering design principles
FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become
part, of this subdivision approval.
CONDITIONS:
1. The development agreement must rejlect 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,
3. All construction traffic must be controlled and shall be directed through the vehicle tracking pads, as
indicated on the SWPPP plan.
4. The City standard for drive entrances is a concrete apron matching the concrete curb and gutter.
5. If any existing curb and gutter grades are less than one percent (1%) at the driveway cuts, provide a
concrete cross gutter.
6, All erosion control measures shall be installed and inspected by the City prior to any site activities
beginning.
7. Any site grading prior to jlnal plat approval will require an excavation permit, obtained from the
Engineering department.
8. An NPDES permit will be required, at the time of construction. The City also reserves the right to require
additional erosion control measures during construction, as conditions warrant.
9. All restoration of twf areas in the Public Right-of-Way (ROW) shall be by four (4) inches of
topsoil/sodding.
10. Allwork within Public ROW shall be inspected by the City Engineering Department. Twenty foul' (24)
hour advance notice of an inspection is required.
1 J. All utilities (water main, sanitary sewer and storm sewer), shall meet the City of Columbia Heights
specifications for materials and installation.
12. Disconnect any existing utility service stubs in accordance with Public Works requirements.
13. All sidewalks shall meet ADA requirements for pedestrian ramps and grade.
14. At jlnal plan submittal, the developer must provide plan/projlle sheets for the utilities.
15. The Development area is in the Rice Creek Watershed District, which requires a separate permit for
surface water management.
NEW BUSINESS
None.
OTHER BUSINESS
No other business.
The meeting was adjourned at 8: 12 pm. All Ayes,
Respectfully submitted,
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Shelley Hanson U
Secretary