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HomeMy WebLinkAboutJanuary 3, 2007 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JANUARY 3, 2007 7:00 PM The meeting was called to order at 7:00 pm by Chairperson, Marlaine Szurek. RollCall: Commission Members present-Thompson, Fiorendino, Sclnnitt, Peterson, and Szurek. Also present were Jeff Sargent (City Plmmer), Shelley Hanson (Secretary), and Bruce Kelzenberg (Conncil Liaison). Motion by 771Ompson, seconded by Schmitt; to approve the minutes fi'om the meeting of December 5, 2006. All ayes. MOTION PASSED. Szurek noted that ml addition would be made to the agenda under Other Business to discuss possible chmlges to the Zoning Ordillance regarding Temporary Signage. PUBLIC I-IEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0101 P,'att Ordway, LLC 2101- 37th Avenue Final Plat Approval, Conditional Usc Permit, Site Plan Approval, and Variances INTRODUCTION At tlns time, Pratt Ordway, LLC is requestillg five (5) approvals in association witll the construction of a senior assisted living facility. They are as follows: 1. A Final Plat Approval. 2. A Conditional Use Permit for a selnor assisted living facility ili the R-3, Multiple Fannly Residential District per Code Section 9.109 (G)(3)(i). 3. A Site Plan Approval. 4. A 2-foot parking stall length vm'imlce per Code Section 9.106 (L)(7)(a). 5. A 19-foot front yard parking setback in the R-3 District per Code Section 9.109 (C). The applicant has gone through the Prelillunary Play process to split the subject property located at 2101 _ 3ih Avenue into two parcels. The nOl1hern parcel will be approximately 2.47 acres and will be the location of a 52-mnt assisted living facility to be constructed and managed by Comforts of Home. This propel1y is in the process of being rezoned fi'om GB, General Business to R-3, Multiple Fanuly Residential. The second reading for the rezollillg of tlus property will take place at the Jmmary 8, 2007 City Council meeting. Comforts of Home provides various types of senior housing and levels of care to its customers, but will focus on a senior assistedlivillg facility ill 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 n011h end of the building. PLANNING & ZONING COMMISSION MINUTES PAGE 2 JANUARY 3, 2007 The southern parcel will be approximately one (1) acre in size. This property will be a commercial pad and thc location of a new City-owned liquor store. It should be noted that the Final Plat approval would plat the southern parcel. The southern parcel will not be taken into consideration in the site plan approvals for the Comforts of Home project, but will be reviewed by the Plmming Commission with the construction of the City-owned liquor store. PLANNING CONSIDERATIONS Comprehensive Plan On December 29, 2006, the Metropolitml Council approved the Comprehensive Plan Amendment for the northern 2.47 acres devoted for the Comf01ts of Home building. The Comprehensive Plan was mnended from a "Commercial" classification to a "Medium Density" classification. The Comprehensive Plan guides the Comf01ts of I-Iome parcel as Medium Density, which is consistent with the proposed zorung of the lmld and the proposed use of the lmld as a senior assisted living facility. Zoning Ordinance The properly at 2101 - 37''' Avenue is currently zoned GB, General Business. As pmt of the overall request for the use of the Imld, the applicant is in the process of rezoning the n01thern 2.47 acres of the propelty to R-3, Limited Multiple Family Residential. This zoning classification is consistent with abutting property zoning classifications, and would enable Comforts of Home to locate on the parcel with'a Conditional Use Permit. " The R-3, Limited Mnltiple Fmnily Residential District requires a minimum of 400 square feet of land mea for everyone (1) unit for a congregate living facility. The proposed assisted living facility will have 52 units, requiring a minimum of 20,800 square feet of Imld. The proposed land area for the parcel will be 107,593 square feet, meeting tile minimum land mea requirement for the district. The second reading of the ordinance to rezone the n01thern 2.47 acres ofland for the Comf01ts of Home building will occur at the January 8, 2007, City Council meeting. The City Council would be able to approve the proposed Conditional Use Permit and associated vmiances after the second reading of the rezoning ordinance has been approved. The zoning ordinance at Section 9.109 (G)(3)(i) requires a Conditional Use Permit (CUP) for any type of senior living facility in the R-3, Multiple-Family Residential District. The housing market for senior living facilities is high in the Twin Cities Metro Area. The Comprehensive Plan indicates that by the year 2010, ml estimated 25.7% of Columbia Heights' population will be 55 years of age or older. A housing goal as listed in the Comprehensive Plan is to provide a variety of life-cycle housing opportunities within the community. The proposed CUP would help supply senior housing and provide the life-cycle housing opportunities needed in Columbia Heights. The proposed project includes a Montessori School as well. All schools in the R-3, Multiple Residential District require a CUP. The approval of the CUP for the assisted living facility will also include the approval for the Montessori School under one resolution. As a condition of approval, Comforts of Home would have to inform the City of any change in ownership or change in occupancy of the space to be devoted to the Montessori School. PLANNING & ZONING COMMISSION MINUTES PAGE 3 JANUARY 3, 2007 In association with the CUP request, the applicant is also seeking the approval of two variances pertaining to pm-king purposes. The first is a 2-foot parking stall length variance. By obtaining this variance, the applicant would be able to configure the pm-king lot m-ea in a maimer that would promote good traffIc flow, by not altering the location or size of the building. The total hard surface square footage would also be diminished, which would aid in the storm water management ofthe site. The second vm-iance is a 19- foot fi'ont yard setback variance. As a function of the location of the building and a large storm water holding pond on site, the appliCallt'S only alternative for the location of some of the parking stalls was a location 11 feet from the front propcrty line. The proposed variance would enable the applicant to have good traffic flow tlu'oughout the site and would help facilitate a pedestrialllinlc to a future pedestriml trail along the west side of Hart Boulevard. Site Plan MONTESSORI SCHOOL. The Little Voyagers Montessori School has entered into an agreement with Comforts of I-Iome to locate thcir facility on site. The school will be attached to the nOlth end of the Comforts of Home building ffild will be approximately 6,750 squm-e feet in aI'ea. The compatibility of tile Montessori and assisted living uses is strong. The school is planning to incorporate progrmns that integrate the two uses, mld has good results with such programs in the past. P ARIUNG. The City Code requires a minimum of 1 pal'king space for every 2 units in ml assisted living facility. The proposed Comforts of Home building Will have 52 units, requiring 26 pm'lcing stalls. The City Code also requires 10 pal'lcing stalls plus I pat'lcing stall for each classroom for a school. The Montessori school will have 4 classrooms, and the school in total will require 14 pm-king stalls. As a whole, the entire project will require 40 on-site parking stalls. The pm-Icing breakdown is as follows: USE Comforts of Home Montessori School TOTALS: P ARIUNG REQUIRED 26 14 40 PARIUNG PROPOSED 32 44 76 The proposed platlS indicate that there will be 32 underground pal'lcing stalls servicing tile Comforts of Home building, and an additional 44 pm-Icing stalls at grade level for a total of 76 pmlcing stalls on site. Being that the development is only required to have 40 pm-king stalls, the project will have adequate pm-king. LANDSCAPING. The City's landscaping requirements require a minimum of one tree for every 30 feet of street frontage or fraction thereof. The trees shall be planted within the front yard mld may be arrmlged in a cluster or placed at regulm- intervals to best complement existing landscape patterns in the area. The lalldscaping code also requires parking arcas to have a minimum of 100 square feet of landscape area alld lover-story tree for each 20 spaces, or fraction thereof. The proposed development has approximately 345 feet of fi'ontage along Hmt Boulevard, requiring 12 trees planted in the fi'ont yard area. The proposed plan indicates that there will be 20 trees planted within the front yard of the property. There are also 44 above-ground parking stalls located on the property, requiring at least 2 over-story trees to be plmlted in the pal'king area. The proposed landscape plan indicates that there will be 12 over-story trees planted in the pal'lcing lot area. PLANNING & ZONING COMMISSION MINUTES PAGE 4 JANUARY 3, 2007 UTILITIES. The prior use of the property was for the Apache Theatre, which had been adequately served by all essentials services. The proposed utility plan has been reviewed by the City Enginecr and was determined to bc snfficient for the proposed use of the land. STORMWATER MANAGEMENT. Initially, the applicant wmlted to nse rain gardens as a viable means of storm water infiltration and retention. The project would have incorporated three rain gardens ti1J'oughout the site, ultimately filtering into a Im-ge holding pond on the southwestern portion of the property. After soil tests were preformed on the property, it was determined that the soils were heavily clay-laden, mld not conducive to rain garden applications. The proposed plan indicates a biofilter system in place of tile rain gardens. The biofilter consists of native plant materials tolermlt of inundation and drought, with layers of sand and gravel to help filter out Im'ge particulate matters. At the bottom of the system is an 8" perforated underdrain outlet pipe that would pipe the water to the large retention pond on the southwest corner of the development. The retention pond was initially sized to accommodate the entire site plus the commercial property's rainwater runoff to the south. Given the topography of the land and tile area restrictions, the initially proposed pond was very deep mld would have required a retaining wall around its perimeter up to 12 feet in height. After discussions with the applicant, it was agreed upon to create a secondm'y storm water pond on City property west of Hart Boulevard. TIns would enable the proposed retention pond to be lessened in size and would increase its aesthetic appeal. The storm water retention pond systel:n would still serve both the Comforts of Home property as well as the commercial pad to ilie south. The City Engineer has reviewed all storm water management systems mld has approved all as acceptable. Park Dedication It is deemed necessary and consistent with sound city pla111ung to provide in each new proposed plan or subdivision, areas for fllture development of park and recreational purposes. Each plat shall provide for a dedication to the city, an area not less than 10% of the total proposed area to be subdivided. The applicant may contribute the cash equivalent to the city for the Parks Capital Improvement Fund of the city. The cash equivalent shall be 10% ofthe market value ofthe tract ofland ofthe newly created parcel as established by the Anoka County Assessor's Office. The park dedication fee for tlns project shall be $26,890. FINDINGS OF FACT Final Plat Section 9.104 (1) of the Columbia Heights zonulg code requi1'es that the City Council make each of the following 2 findings before approving a Final Plat: 1. The final plat substantially conforms to the approved preliminary plat. There are no significant changes between the approved Preliminm'y Plat and the proposed Final Plat, therefore the final plat conforms to the approved prclinlinary plat. 2. The Final Plat conforms to the requirements of 99.114. 39.114 is the subdivision ordinance for the City of Columbia Heights. The proposed Final Plat conforms to all the requirements set forth in the subdivision ordinance. PLANNING & ZONING COMMISSION MINUTES PAGE 5 JANUARY 3, 2007 Conditional Use l'ermit Section 9.104 (H) of the Columbia Heights zoning code requires that the City Councilmalce each of the following 9 findings before approving a Conditional Use Permit: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar nse as determined by the Zoning Administrator. A senior assisted living facility is specifically listed as u conditional use in the R-3, Multiple Family Residential District. 2. The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area for Medium Density Residential housing. The use of a senior assisted living, 52-unit building is in harmony with this classification. 3. The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not impose hazards or disturbing influences on neighboring properties. An assisted livingfacility is tranquil in nature and the building itselfwill upgrade the current use of the land and complement the surrounding area. 4. The use will not substantially diminish the use ofthe property in the immediate vicinity. The use of the property in the immediate vicinity will not be diminished in any way with the proposed use of the land as a senior assisted living facility. 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 ill'ea. The use will be designed, constructed and operated by COI1?forts of Home, As a company, Comforts of Home ensures that their facilities are operated in a manner consistent with all state and local laws, The subject parcel and surrounding area are intended for redevelopment purposes, The proposed use would be compatible with the intended character of the areafor this reason. 6. The use and propeliy upon which the use is located are adequatcly served by essential public facilities and services. The existing use of the property is the abandoned Apache Theatre, which was adequately served by public facilities and services, The proposed use of the land will tie into the existing facilities on site to adequately serve the building. 7. Adequate measures havc been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. Assisted livingfacilities generally do not generate an excess amount of traffic on the surrounding public streets, The proposed project would generate an additional 146 trips per day on average, and would increase the traffic volume by 6,5 vehicles per hour on average during the peak evening peak rush hour, Kevin Hansen, City Engineer, has reviewed the proposed plans and has indicated that the increase in traffic would be minimal and that the local und regional road networks would be able to accommodate the increase in trajJic, PLANNING & ZONING COMMISSION MINUTES PAGE 6 JANUARY 3, 2007 The on site circulation of traffic has been addressed as well. The applicant is requesting two variances in association with the parking setbacks and stall lengths to better help the circulation. 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. The proposed use will cause a positive cumulative effect on other uses in the immediate vicinity. This area was one of the areas that the City Council wanted redeveloped. The proposed plan will get rid of an abandoned, unused theater and will replace it with a senior housing use needed throughout the Twin Cities metro area. 9. 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 is it located. Site Plan Section 9.104 (M) of the Columbia Heights zoning code requires that the Planning Commission make each of the following 4 findings before approving a Site Plan: I. The site plan conforms to all applicable requirements of tIus mticle. . The site plan corzforms to all applicable requirements of this article as they lJertain to the building setback. The proposed site plan will need 2 variances. One is a 2-100t parking stall length variance, and the other is a 19-footfi'ont yard setback variance for hard sUlface parldng. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The City's Comprehensive Plan guides this area for Medium Density Residential. The proposed use of the land for senior assisted living is consistent with the provisions of the Comprehensive Plan. 3. The site plml is consistent with any applicable area plml. There are no area plans for the project site. 4. The site plan nuninuzes any adverse impacts on property in the inunediate vicinity and the public right-of-way. The properties most affected by the proposed site plan are those properties to the east and north of the subject parcel. The applicant has placed the building in such a manner as to screen the remainder of the property ii'om the east and the north. The parking setback variance requirement is along the western property line, in a location that does not pose adverse impacts to the surrounding properties. Variances Section 9.104 (G) of the Columbia Heights zOlung code requires that the City Council make each of the following 5 findings before approving a varimlce. The following findings of fact peltain to both the 2- foot pmking stall length variance and the 19-foot fi'ont yard setback variance for hmd surface parking: PLANNING & ZONING COMMISSION MINUTES PAGE 7 JANUARY 3, 2007 1. Because of the par.ticular physical surroundings, or the shape, confignration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hmdship. 1/1e building is placed in its proposed location in part because of state and local requirements for storm water management. Because of the natural topography of the land, the biofilter areas and storm water retention pond were placed in their proposed locations. The building itself is oriented on the property in a manner that would not hinder the location of the storm water management areas. As a result; the parking lot and parking stalls were configured to make the rest of the property usable and to promote adequate traffic flow throughout the project. The parking stalls were reduced to 18 feet in length to accommodate adequate drive aisle lanes and to decrease the amount o.f hard swface throughout the development. The parking lot setback was placed 11 feet fi'om the fi'ont property line in order to promote better traffic fiow throughout the project, and would still provide for adequate green space between the parking and the street curb. The orientation and placement of the building would make it difficult to locate the proposed parking in an alternate location. 2. The conditions upon which the variance is base are unique to the specific parcel of land involved and are generally not applicable to other properties withiil the same' zoning classification. The property has more fi'ontage along Hart Boulevard than is has depth. Because of the configuration o.f the property, it makes it difficult to place the required storm water retention pond and associated features, the building, and the parking lot without encroaching on the property lines. The 2-foot stall length variance would ensure that the encroachment into the required fi'ont yard setback is not greater. 1718 19-foot fi'ont yard setback variance for hard swface parking is required because of the orientation of the building on the property. The orientation o.f the parcel is unique to this specific parcel. 3. The difficulty or hmdship 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 R-3 District has strict guidelines as they pertain to both building and parking lot setbacks. The strict guidelines force the building and parking lot areas to be confined to a specific area on the parcel. The City's R-4 District, which allows for a higher density use, has more lenient setback requirements for the building placement. The provisions of the article cause the difficulty in placing the required elements on the property without needing variances to do so. 4. The granting of the variance is in harmony with the general purpose and intent of thc comprehensive plan. The Comprehensive Plan guides this area for Medium Density Residential, which is consistent with the proposed use of the land as a senior assisted living facility. 1718 variances are needed for accessory uses to the principal use of the land, so granting the variances would also be in harmony with the general purpose and intent of the comprehensive plan. PLANNING & ZONING COMMISSION MINUTES PAGE 8 JANUARY 3, 2007 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. The granting of the variances would not be materially detrimental or injurious to the public. The 2-foot parking stall length variance would enable better traffic flow throughout the development while decreasing the total amount of hard sUllace on site, This reduces the amount of rainwater to be collected into the retention pond, which ultimately ends up in Hart Lake. The granting of the 19:foot fi'ont yard setback variance for hard surface parking would not be materially detrimental or injurious to the public because the location of the parking lot is adjacent to the Hart Boulevard right-of-way. Across the street is Hart Lake, so neighboring properties are not affected. CONCLUSION The Apache Theatrc site is all area that the City Council called out as one of the major redevelopment focus sites in the City. , The proposed use ofthe land required a Comprehensive Plm Amelfdment, a Rezoning, a new plat, 'a Conditional Use Permit, a Site Plall approval and two' variances, and is consistent with the type of use that would be beneficial to the city. Staffreconnnends approval of the requests. Questions by Members: Thompson questioned who would be responsible for the maintenance costs for the two holding ponds. Sargent explained that staff is negotiating a contract with the applicant that would establish these costs as a shmed expense between the city and the applicant. Thompson then questioned the location of the watennain as it appeal's to be located under the proposed sidewalk al'ea. He asked if the main is considered to be the City's or the owner's in case repairs are ever needed. The architect was present alld agreed that it does lUll under the sidewa.11c area. They will take whatever measures they can to ensure it is protected and as accessible as it can be. Sargent stated that the City Engineer had reviewed the plans and he was satisfied with them. Thompson asked ifthese were the full set of final plans. He was told that Public Works has the complete set alld that the commission members only received what staff thought was necessary to make their reconunendation. Fiorendino asked who presently owns the lalld on the west side of Hart Blvd. that the second holding pond would be located on. Sargent informed them that the City owns the property that runs along Hart Lake. Fiorendino then asked if they are considering two separate CUP's or one that will address two issues. Sargent said that since Comforts of Home is the only owner involved and the space for the school will be leased to them, under the ownership of Comforts of Home, only one CUP is necessary. The CUP with the conditions noted stays with the property. So anytime there is a change of use the City must be notified alld give approval to ensure that any new use is compatible to what the City would allow on that site. And the City could request an additional CUP if the use is changed. PLANNING & ZONING COMMISSION MINUTES PAGE 9 JANUARY 3, 2007 fiorendino asked for clarification on the parking spaces requirement. He wondered why they decided to provide more parIdng spaces rather than larger ones, since they already exceed the number of spaces required. Sargent explained that the residents will have adequate underground parking, and that Comforts of Home felt additional pm-king spaces for visitors to both the Assisted Living facility and the Montessori School was an improvement. The question was raised if some of the spaces were eliminated ifthis would allow longer parking stalls. Sargent explained the placement of the building, meeting all the required setbacks, and providing for an appropriate drive aisle was the reason a variance was necessary to alter the length of each stall. He said that the width of each stall is not being changed and that the drive aisle will be 24 feet which is more than adequate for maneuvering vehicles. They felt these were more important than the length of each stall. Schmitt asked what other uses could ever go in the Montessori spot, using an example of a coffee shop. Sargent said tl13t any future use would have to be a use that is permitted in the R-3 district or as a similar (school) use. Schmitt asked how the Hart Lake walkway would be accessed. Sargent stated that a Pedestrian Trail is planned to run along the west side of Hart Blvd. adjacent to the lalm and that it would be accessed by a walkway/crosswalk, not by a bridge. She then asked if both the ponds were to be maintained jointly. Sm-gent stated, yes, that is the plan. Peterson thought the only problem with changing the length of the pm-kipg stalls WOJIld be where the parking lot has double sided parking near the nOlth end of the building.' Due to this being a senior facility, he was concerned that there be enough room to maneuver a vehicle safely. Sm-gent said since the drive aisle is being established at 24 feet, tlus shouldn't be an issue. Peterson then expressed concern for the parking spot next to the playground area not having enough room for maneuvering. He also asked what type of barrier there would be between the parking m-ea and the playground for the school. The arclutect, Mr. Frisbie, stated the parking was designed by Humphrey Engineering, and that it met the general standard requirements. He then explained that a fence would snrround the perimeter of the playground. However, he agreed with COlll111ission member Peterson that maybe some removable ballards should also be placed in tlus general area for added protection. He will pass on tlus concern. Szurek asked what the average size of the UlutS were going to be. Mr. frisbie stated that the units varied from studio units of 350 sf to one-bedroom Uluts of 650 sf. Each one has a small kitchenette approximately 9 feet in length with reduced sized appliances. Szurek commented that she liked the layout of the Ullits and general floor plan of the building itself. Schmitt then asked about the traffic flow and how they arrived at the additional 6 vehicles per hour. Sargent explained that the number is arrived at by talcing calculations from a traffic manual comparing the previous use as a Theater to the new use. He stated the City Engineer is confident that the minimal increase in traffic patterns will have little impact on the streets in the area and that there is no plan at tlus time to install traffic lights. Schmitt was concerned tllat traffic could be congested especially at the times of day when students are dropped off or picked up at the school. Thompson stated that ifthat becomes a problem, traffic COUlltS could then be done and steps could then be taken to resolve the problem. The Public Hearing was opened. No one wished to speak on tlus issue, so the hearing was closed. PLANNING & ZONING COMMISSION MINUTES PAGE 10 JANUARY 3, 2007 Motion by Peterson, seconded by Thompson, that the Planning Commission recommends the City Council approve the final plat in its entirety, based on the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of tile Zoning and Development Ordinance, including: 1. The applicant shall pay a park dedicationfee in the amount of$26,890 at the time offinal plat approval. 2. The developer shall obtain a storm water permit fi'01n the Rice Creek Watershed District prior to obtaining a demolition permit fi'om the City. 3. All conditions setforth in the City o.fColumbia Heights' subdivision ordinance shall be met per Code Section 9.114. All ayes. MOTION PASSED. The following Resolution will go to the City Council January 8, 2007. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case No. 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a subdivisiou from the City of Columbia Heights SubdivisiOli Code at the 'following site: ADDRESS: 2101 - 3ih Avenue. EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Hart Lake Addition THE APPLICANT SEEKS APPROVAL OF A FINAL PLAT SUBDIVISION. WHEREAS, the City Couucil 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 concel'llS related to traffic, property values, light, air, danger oUire, and risk to public safety, in the surrounding area; and has held the rcquired public hearing on this proposal on Janumy 3, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Conncil accepts and adopts the following findings of the PlalUling Commission: 1. The final plat substantially conforms to the approved preliminmy plat. 2. The final plat conforms with the requirements of Section 9.114. FURTHER, BE IT RESOLVED, that the attached condition, plmls, maps, and other information shall become pmt ofthis subdivision approval. CONDITIONS: 1. The applicant shall pay a park dedication fee in the amount of$26,890 at the time offinal plat approval. 2. The developer shall obtain a storm water permitfi'om the Rice Creek Watershed District prior to obtaining a demolition permitfi'om the City. 3. All conditions set forth in the City of Columbia Heights' subdivision ordinance shall be met per Code Section 9.114. PLANNING & ZONING COMMISSION MINUTES PAGE 11 JANUARY 3, 2007 Motion by Peterson, seconded by Schmitt, that tile Planning Conll11ission reconll11ends the City Council approve the Conditional Use Permit to allow a senior assisted living facility and Montessori school in the R-3, Multiple Family Residential District per Code Section 9.109 (G)(3), based on the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. A II 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. The City shall be informed of any change in ownership or occupancy of the Little Voyagers Montessori School to ensure the acceptability of the new use in the R-3 District. All ayes. MOTION PASSED. The following Resolution will go to the City Council January 8, 2007. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR PRATTORDWAY,LLC WITHIN Tim CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0101) has been submitted by Pratt Ordway, LLC to the City Council req\lesting a conditional nse permit from the City of Columbia Heights at the following site: ADDRESS: Lot North of2101- 37"' Avenue LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.1 09 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple- Family Residential District, and a Montessori School per Code Section 9.109 (G)(3)(h). WIillREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on Janumy 3, 2006; WlillREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposcd conditional use permit npon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fn'e, 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 mld adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning district in which the property is located, 01' is a substantially similm' use as determined by the Zoning Administrator. 2. The nse is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use ,vill not substantially diminish the use of property in the immediate vicinity. 5. The nse will be designed, constructed, operated and maintained in a mmmer that is compatible with the appearance ofthe existing or intended character ofthe surrounding area. 6. The nse and propeJiy upon which the use is located are adequately served by essential public facilities and services. PLANNING & ZONING COMMISSION MINUTES PAGE 12 JANUARY 3, 2007 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 eOI!junetion with the enmulative effect of other nses 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 111e city and the applicant agree that this permit shall become nnll and void if111e project has not been completed within one (1) calendar veal' after the approval date, snbject 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 part of the permit. 3. The City shall be informed of any change in ownership 01' occupancy of the Little Voyagers Montessori School to ensure the acceptability of the new use in the R-3 District. Motion by Peterson, scconded by Fiorcndino, that the Planning Conul1ission recOllli11end the City Council approve the 2-foot parldng stall length variance pcr Code Section 9.106 (L)(7)(a). All ayes. MOTION PASSED. The following Resolution will go to the City Council Janual'Y 8, 2007. ,. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR PRATT ORDWAY, LLC WIffiREAS, a proposal (Case # 2007-0101) has been snbmitted by Pratt Ordway, LLC to the City Conncil requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: Lot North of2101- 37th Avenue LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELlEF: A 2-foot parking stall length variance per Code Section 9.106 (L)(7)(a). wrillREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on Janumy 3,2007; WHEREAS, the City Council has considered 111e advice and recommendations of the Planning COJllmission 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; PLANNING & ZONING COMMISSION MINUTES PAGE 13 JANUARY 3, 2007 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council acccpts and adopts the following findings of the Planning Connnission: I. Because of the particnlar physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adhcrence to the provisions of this Ordinance would cause nndue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicablc to other properties within the same zoning classification. 3. The difficulty or hardship is cansed by the provisions of this Ordinance and has not been created by any person currently having legal interest in the properly. 4. The grantiug of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. S. The granting of the variance will not bc materially detrimental to the public welfarc or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part 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 complcted within one (1) calendm' year after the approval date, subject to petition for renewal of the permit. Motion by Peterson, seconded by Fiorendhio, that the Plamung Commission recommend the City Council approve the 19-foot front yard setback variance for hard surface parking per Code Section 9.109 (C). All ayes. MOTION PASSED. The following Resolution will go to the City Council January 8, 2007. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A V ARlANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR PRATT ORDWAY, LLC WHEREAS, a proposal (Case # 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a variance from the City of Columbia Hcights Zoning Code at the following site: ADDRESS: Lot North of2101 - 37th Avenue LEGAL DESCRIPTION: Lot I, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 19-foot Ii'ont yard setback variance for hard surface parking per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 3, 2007; WfillREAS, the City Conncil 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 connnnnity and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to pnblic safcty, in the surronnding area; PLANNING & ZONING COMMISSION MINUTES PAGE 14 JANUARY 3, 2007 NOW, TlillREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings ofthe Plmming Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undne hardship. 2. The conditions upon which the variance is based m'e unique to the specific parcel of land involved mld are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is can sed by the provisions of this Ordinance and has not been created by any person currently having legal interest in 111e property. 4. The granting of the variance is in harmony with the general purpose mld intent of thc Comprehensive Plan. 5. The granting of the varimlce will not be materially dehimental to the public welfm'e or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTIillR, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that 111is variance shall become null and void if the project has not been completed within one (1) calenda1' year after the approval date, subject to petition for renewal of the permit. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0102 Huset Pad, Development Corporation Lot 124A, Block 1, Huset Park Rezoning of Parcel, Minor Subdivision INTRODUCTION At tIus time, the Huset Park Development Corporation is proposing a minor subdivision located at Lot 124A, Block I, Huset Park, to correct encroachments onto this property from the adjacent single-family residence located at 525 - 38th Avenue. WIlen tile Schafer Richardson / Ryland Homes project was started, the entire site was surveyed. At that time, it was discovered that a 2-foot wide concrete strip, a 7-foot tall chain-link fence, a retaining wall and a portion of a wooden storage shed all maintained by the property owners at 525 -. 38th Avenue were actually located on the propeliy now controlled by the Huset Park Development Corp. The proposal entails a recombination subdivision to split off the eastern 15 feet of Lot 124A, Block I, Huset Park. This land would be sold to tile propeliy owners at 525 - 38th Avenue to correct the encroaclnnent issues. The current zonlllg classification for the Huset Park Development Corp propeliy is MXD, Mixed Use Development. The 15-foot strip ofland will be rezoned to R-2A, One and Two Family Residential, to be consistent with the zOlung classification ofthe property at 525 - 3 8th Avenue PLANNING & ZONING COMMISSION MINUTES PAGE 15 JANUARY 3, 2007 PLANNING CONSIDERATIONS. Comprehensive Plan The Comprehensive Plan designates the Huset Park Development Corp property as Transit Oriented Development. The parcel located at 525 - 38th Avenue is designated as Medium Density Residential in the Comprehensive Plan. Staff deferred to the Metropolitan Council to determine whether the Huset Park Development Corporation parcel would need a Comprehensive Plan Amendment in order to rezone the property to R-2A. The City's sector representative at the Met Council determined that the Transit Oriented Development and the Medium Density Residential classifications allowed the same types of uses. For tlus reason, the Comprehensive Plan would not need to be amended. The use of the land as a single-family residential parcel is consistent with the underlying Comprehensive Plan guidance. Zoning Ordinance The minimum lot width requirement for parcels in the R-2A District is 60 feet, and the minimum lot area requirement is 6,500 square feet. Currently, the property located at 525 - 38th Avenue is 35 feet wide and 4,620 square feet in area. When the lot split is complete, the property will be 50 feet wide and 6,600 square feet in area. FINDINGS OF FACT Zoning Amcndment Section 9.014 (F) of the Zoning Ordinance outlines 4 required findings that must be met in order for the City Conncil to approve a Zoning Amendment. They are as follows: 1. The amendment is consistent with the Comprehensive Plan. The Metropolitan Council made the determination that the R-2A District is consistent with the Transit Oriented Development classification. The strip of land subdivided ji-om the Huset Park Development Corp property will be rezoned to R-2A. 2. The amendment is in: the public interest and is not solcly for the benefit of a single propeliy owner. The proposed zoning amendment is needed in order to keep the zoning classification of the current property at 525 - 381h Avenue and the zoning classification of the piece of land they will receive consistent. 17wre is no benefit to either the public or the single-family property owner of the proposed zoning amendment. 3. Where the amendment is to change the zoning classification of a paliicular propeliy, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The existing use of the property to be rezoned is common area for the Schafer Richardson / Ryland Homes townhouse development. The property will be rezoned to match the current zoning classification of the property to the east, R-2A. The use of the property at 525 - 38th Avenue is a single-family home. The R-2A District is compatible with this use. PLANNING & ZONING COMMISSION MINUTES PAGE 16 JANUARY 3, 2007 4. Where the amendment is to Challge the zoning classification of a particular property, there has been a change in the chal'actcr or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The necessity of the rezoning of the IS-foot strip oflandfi'om MXD, Mixed Use Development to R- 2A, One and Two Family Residential is to correct an encroachment issue that has been in place since the construction of the house at 525 - 38th Avenue. Prior to the Huset Park Development Corporation parcel being zoned lvfXD, it was zoned 1, Industrial. The trend in the area has been redevelopment, creating a new housing stock in the Cily. Correcting minor property line issues is consistent with the overall redevelopment plan for the area. FINDINGS OF FACT Minor Subdivision Section 9.104 (J) of the Zoning Ordinance outlines 8 required findings that must be met in order for the City to grallt a minor subdivision (lot split). They al'e as follows: 1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision will not create any new lots. The recombination subdivision will split of a I 5-foot section of one properly and give it to another. 2. The proposed subdivision of land does not involve the vacation of existing casements. No existing easements will be vacated as a result of this subdivision. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. No new lots will be created as a result of the minor subdivision. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. No public rights-ofway will be dedicatedfor the purpose of gaining access to the property. 5. The property has not previously been clivided through the minor subdivision provisions of this article. This property has not been previously subdivided 6. The proposed subdivision does not hinder the conveyance of land. The conveyance of the land will not be hindered by the minor subdivision. 7. The proposed subdivision does not hinder the maldng of assessments or the keeping of records related to assessments. This is an accurate statement. 8. The proposed subdivision meets all of the design stalldards specified in Section 9.114. The proposed subdivision meets all the design standards for minor subdivisions executed in the City of Columbia Heights. PLANNING & ZONING COMMISSION MINUTES PAGE 17 JANUARY 3, 2007 City Staff reconU11ends the Planning Commission recommend that the City Council approve the minor subdivision with the following condition: 1. All application matcrials, maps, drawings and descriptive information submitted with this application shall become part of the permit. AND City Staff recommends that the Planning Commission reconunend that the City Council approve the rezoning of the IS-foot pmcel ofland from MXD, Mixed Use Devclopment to R-2A, One and Two Family Residential. Sargent explained that the rezoning talces two readings, so this will go to the City C0U11cil on Janumy 8, 2007 and JanuaTY 22,2007. The subdivision will go to the City C0U11cil at the January 22, 2007 meeting as the rezoning must be approved first. Questions from Members: Fiorendino asked how Shafer Richardson had wanted to use this site. Sargent explained that since they knew of this encroachment situation at the time the property was SlU"veyed for the project, they platmed around it and intended, the use to be pmi of the conunon mea for the development. It was never considered a buildable lot. Once divided and a portion sold to the owner at 525 38th Avenue, that pOliion will be used as it always has been. The Public Hearing was Opened. No one was present for this issue so the Public Hearing was closed. Motion by Thompson, seconded by Peterson, that the Planning COlmnission reconunend the City Council approve the minor subdivision with the following condition: 1. All application materials, maps, drawings amI descriptive information submitted with this application shall become pmi of the permit. All ayes. MOTION PASSED. The following Resolution will go to the City Council Jmmary 22, 2007, after the Rezoning has had its second reading. RESOLUTION NO. 2007-XX RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR HUSET PARK DEVELOPMENT CORP. WHEREAS, a proposal (Case No. 2007-0102) has been submitted by the Hnset Park Development Corp. to the City Conncil requesting a minor subdivision from the City of Columbia Heights Snbdivision Code at the following site: ADDRESS: Lot 124A, Block 1, Hnset Park EXISTING LEGAL DESCRIPTION: Lot 124A, Block 1, I-Iuset Park PROPOSED LEGAL DESCRIPTION: Lot 124A, Block 1, Euset Park nIE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. PLANNING & ZONING COMMISSION MINUTES PAGE 18 JANUARY 3, 2007 WHEREAS, the City Council has considered the advice and reconnnendations of the Planning Con1111ission 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 tills proposal on January 3, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings ofthe Planning COlllinission: 1. The proposed subdivision of land will not result in more than three lots. 2 The proposed subdivision of land does not involve the vacation of existing casements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning distTict in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the propeliy. 5. The propmiy has not previously been divided tlll'ough the minor subdivision provisions of this aTtic1e. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all ofthe design standards specified in the {;9.114.. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: I. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. Motion by Thompson, seconded by Peterson, that the Plmming Con1l1llssion recommend the City Council approve the rezOlllng of the 15-foot parcel ofland from MXD, Mixed Use Development to R- 2A, One and Two Family Residential. All ayes. MOTION PASSED. The following Resolution will go to the City Council January 8, 2007 for the first reading and on January 22, 2007 for tile second reading. DRAFT 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 525 - 38th AVENUE SECTION 1: WHEREAS, the City of Columbia Heights has indicated the Industrial Park site as a specific area in the City to focus redevelopment efforts on in an allempt to beautify the City and encourage positive growth; and PLANNING & ZONING COMMISSION MINUTES PAGE 19 JANUARY 3, 2007 WHEREAS, the City of Columbia Heights recognizes that the MXD, Mixed Use Development zoning is not consistent with a single-family zoning classification needed to accommodate a successful property line adjustment; and WHEREAS, rezoning from MXD, Mixed Use Development to R-2A, One and Two Family Development provides for an opportunity to correct property line encroachment issues between a redevelopment area and as single-family dwelling; and WHEREAS, the rezoning is consistent with the City Comprehensive Plan and wonld resolve property line encroachment issues; and WHEREAS, the zoning classification of the property for the proposed parcel is compatible with the proposed R- 2A, One and Two Family Residential classification, and BE IT FURTHER RESOLVED that the Planning Commission has reviewed and recommends approval of the proposed rezoning from MXD, Mixcd Use Devclopment to R-2A, One and Two Family Residential. SECTION 2: This ordinance shall be in full force and effect from and after 30 days after its passage. NEW BUSINESS None OTHER BUSINESS TEMPORARY SIGNAGE ISSUES Sargent provided the members with a list showing what our current Ordinance allows in regards to temporary billl1lers, portable signs, and other types of signage such as window Sig:Ilage. He also listed some possible changes that staff is recommending. I-Ie asked that members look over the memo and con11nent on the proposeu changes after they have an oppOltunity to check out various sites around the city. Sargent also said he is creating a work plan of items the P & Z will need to address for each quarter of 2007. The members also wanted the topic of the tempormy greenhouses added to the next work session agenda. It was decided to hold a work session at 6 pm on Tuesday, February 6, 2007-prior to the regular meeting. The meeting was adjourned at 8: 15 pm. All Ayes. Respectfully submitted, ~d- Q~(lNJU,^" Shelley Hanson Secretary