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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 PAGE 2 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 PAGE 3 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 PAGE 4 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 PAGE 6 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 PLANNING & ZONING COMMISSION MINUTES PAGE 7 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 PAGE 8 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 PAGE 10 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, ,~\rU.tte''-k C\\Cu"<\uV\ Shelley Hanson U Secretary