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HomeMy WebLinkAboutMarch 6, 2007 CITY OF COLUMBIA HEIGHTS MEMBERS: Marlaine Szurek, Chair Donna Schmitt Rob Fiorendino Mike Peterson David Thompson 590 40th Avenue N.E.. Columhia Heights, MN 55421.3878 (763) 706.3600 TDD (763) 706.3692 Visit Our Wehsite at: IVww.ci.columbia-heights,mn.us PLANNING AND ZONING COMMISSION MEETING 7:00 PM TUESDAY, MARCH 6, 2007 CITY HALL COUNCIL CHAMBERS 590 40 TII AVENUE NE 1. Roll Call 2. Minutcs from the Planning and Zoning Commission Meeting of January 2007 3. Public Hearings: Case #2007-0201 Lotsplit/CUP/Variance 4920 Tyler Street Bruce Whitney Case #2007-0301 CUP 4300 Central Avenue Linder's Greenhouse Case #2007-0302 Zoning Amendment Seasonal Outdoor Sales City of Columbia Heights 4. Ncw Business: None 5. Othcr Business: None 6. Adjourn The Responsibility of the Planning Commission is to: . Faithfully serve the public interest. . Represent existing and future residents, and base our decisions and recommendations on the Comprehensive Plan and Zoning Ordinance. . Recognize the rights of citizens to participate in planning decisions. . Protect Ihc natural environment and the heritage of the built environment. . Exercise fair, honest, and independent judgmcnt. . Abstain from participation when they may directly or indirectly benefit from a planning decision. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JANUARY 3, 2007 7:00 PM The meeting was called to order at 7:00 pm by Chairperson, Marlaine Szurek. Roll Call: Commission Members present-Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Shelley Hanson (Sccretary), and Brucc Kelzenbcrg (Council Liaison). Motion by Thompson, seconded by Schmitt, to approve the minutesfi'om the meeting of December 5, 2006. All ayes. MOTION PASSED. Szurek noted that an addition would be made to the agenda under Other Busincss to discuss possible changes to the Zoning Ordinance regarding Temporary Signage. PUBLIC HEAIUNGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0101 Pratt Ordway, LLC 2101- 37th Avenue Final Plat Approval, Conditional Use Pel'mit, Site Plan Approval, and Variances INTRODUCTION At this time, Pratt Ordway, LLC is requesting five (5) approvals in association with the construction of a senior assisted living facility. They are as follows: 1. A Final Plat Approval. 2. A Conditional Use Permit for a senior assisted living facility in the R-3, Multiple Family Residential District per Code Section 9.109 (G)(3)(i). 3. A Site Plan Approval. 4. A 2-foot parking stall length variance per Code Section 9.106 (L)(7)(a). 5. A 19-foot fl'ont yard parking setback in the R-3 District per Code Section 9.109 (C). The applicant has gone through the Preliminary Play process to 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 52-unit assisted living facility to be constructed and managed by Comforts of Home. This property is in the process of being rezoned from GB, General Business to R-3, Multiple Family Residential. The second reading for the rezoning of this property will take place at the January 8, 2007 City Council meeting. Comforts of Home provides various types of senior housing and levels of care to its cllstomers, but will focus on a senior 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. 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 the 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 Planning Commission with the construction ofthe City-owned liquor store. PLANNING CONSIDERATIONS Comprehensive Plan On December 29, 2006, the Metropolitan Council approved the Comprehensive Plan Amendment for the northern 2.47 acres devoted for the Comforts of Home building. The Comprehensive Plan was amended from a "Commercial" classification to a "Medium Density" classification. The Comprehensive Plan guides the Comforts of I-Iome parcel as Medium Density, which is consistcnt with the proposed zoning of the land and the proposed use of the land as a senior assisted living facility. Zonine: Ordinance The property at 2101 - 37th Avenue is currently zoned GB, General Business. As part of the overall request for the use of the land, the applicant is in the process of rezoning the northern 2.47 acres of the property 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 Multiple Family Residential District requires a minimum of 400 square feet of land area 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 land. The proposed land area for the parcel will be 107,593 square feet, meeting the minimum land area requirement for the district. The second reading of the ordinance to rezone the northern 2.47 acres of land for the Comforts 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 variances 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, an 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 I-Iome 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 parking purposes. The first is a 2-foot parking stall length variance. By obtaining this variance, the applicant would be able to configure the parking lot area in a manner 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 of the site. The second variance is a 19-foot front yard setback variance. As a function of the location of the building and a large storm water holding pond on site, the applicant's only alternative for the location of some of the parking stalls was a location II feet from the front property line. The proposed variance would enable the applicant to have good traffic flow throughout the site and would help facilitate a pedestrian link to a future pedestrian trail along the west side of Hart Boulcvard. Site Plan MONTESSORI SCHOOL. The Little Voyagers Montessori School has entered into an agreement with Comforts of Home to locate their facility on sitc. The school will be attached to the north end of the Comforts of Homc building and will be approximately 6,750 square feet in area. The compatibility of the Montessori and assisted living uses is strong. The school is planning to incorporate programs that integrate the two uses, and has good results with such programs in the past. PARKING. The City Code requires a minimum of I parking space for every 2 units in an assisted living facility. The proposed Comforts of Home building will have 52 units, requiring 26 parking stalls. The City Code also requires 10 parking stalls plus 1 parking stall for each classroom for a school. The Montessori school will have 4 classrooms, and the school in total will require 14 parking stalls. As a whole, the entire project will require 40 on-site parking stalls. The parking breakdown is as follows: USE Comforts of Home Montessori School TOTALS: PARKING REOUIRED 26 14 40 PARKING PROPOSED 32 44 76 The proposed plans indicate that there will be 32 underground parking stalls servicing the Comforts of Home building, and an additional 44 parking stalls at grade level for a total of 76 parking stalls on site. Being that the development is only required to have 40 parking stalls, the project will have adequate parking. 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 and may be arranged in a cluster or placed at regular intervals to best complement existing landscape patterns in the area. The landscaping code also requires parking areas to have a minimum of 100 squarc feet of landscape area and lover-story tree for each 20 spaces, or fraction thereof. The proposed development has approximately 345 feet of frontage along Hart Boulevard, requiring 12 trees planted in the tl'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 planted in the parking area. The proposed landscape plan indicates that there will be 12 over-story trees planted in the parking 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 Engineer and was determined to be sufficient for the proposed use of the land. STORMWATER MANAGEMENT. Initially, the applicant wanted to use rain gardens as a viable means of storm water infiltration and retention. The project would have incorporated three rain gardens throughout the site, ultimately filtering into a large 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, and not conducive to rain garden applications. The proposed plan indicates a biofilter system in place of the rain gardens. The biofilter consists of native plant materials tolerant of inundation and drought, with layers of sand and gravel to help filter out large 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 the area restrictions, the initially proposed pond was very deep and 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 secondary storm water pond on City property west of Hart Boulevard. This would enable the proposed retention pond to be lessened in size and would increase its aesthetic appeal. The storm water retention pond system would still serve both the Comforts of Home property as well as the commercial pad to the south. The City Engineer has reviewed all storm water management systems and has approved all as acceptable. Park Dedication It is deemed necessary and consistent with sound city planning to provide in each new proposed plan or subdivision, areas for future 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 ofthe city. The cash equivalent shall be 10% ofthe market value of the tract ofland of the newly created parcel as established by the Anoka County Assessor's OfIice. The park dedication fee for this project shall be $26,890. FINDINGS OF FACT Final Plat Section 9.104 (1) of the Columbia Heights zoning code requires that the City Council make each of the following 2 findings before approving a Final Plat: 1. The final plat substantially co/?forms to the approved preliminary plat. There are no significant changes between the approved Preliminary Plat and the proposed Final Plat, therefore the final plat conforms to the approved preliminary plat. 2. The Final Plat conforms to the requirements of s9.114. 89.114 is the subdivision ordinance for the City of Columbia Heights. The proposed Final Plat cOliforms to all the requirements setforth in the subdivision ordinance. PLANNING & ZONING COMMISSION MINUTES PAGE 5 JANUARY 3, 2007 Conditional Use })ermit Section 9.104 (H) of the Columbia Heights zoning code requires that the City Council make each of the following 9 findings before approving a Conditional Use Permit: I. The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. A senior assisted living facility is specifically listed as a 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 areafor Medium Density Residential housing. The use of a senior assisted living, 52-unit huilding 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 il1fluences on neighboring properties. An assisted living facility is tranquil in nature and the building itselfwillupgrade the current use of the land and complement the surrounding area. 4. The use will not substantially diminish the use of the 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 livingfacility. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance ofthe existing or intended character of the surrounding area. The use will be designed, constructed and operated by Comforts of Home. As a company, Con!forts 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 fill' redevelopment purposes. The proposed use would he compatible with the intended character of the area fill' this reason. 6. The use and property upon which the use is located are adequately 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 have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation oftraffic. Assisted livingfacilities generally do not generate an excess amount oftrafJic on the surrounding public streets. The proposed project would generate an additional 146 trips per day on average, and would increase the trqfJic volume by 6.5 vehicles pel' 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 trqfJic would be minimal and that the local and regional road networks would be able to accommodate the increase in traffic. PLANNING & ZONING COMMISSION MINUTES PAGE 6 JANUARY 3, 2007 The on site circulation of trqIJic has been addressed as well. The applicant is requesting two variances in association with the parking setbacks and stall lengths to belieI' 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 ofthe following 4 findings before approving a Site Plan: 1. The site plan conforms to all applicable requirements of this article. The site plan conforms to all applicable requirements of this article as they pertain to the building setback. The proposed site plan will need 2 variances. One is a 2Ioot parking stall length variance, and the other is a 19-jootfront yard setback variance for hard surface parking. 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 landfor senior assisted living is consistent with the provisions of the Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. There are no area plans for the project site. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The properties most qlJected 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 fi'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 zoning code requires that the City Council make each of the following 5 findings before approving a variance. The following findings of fact pertain to both the 2- foot parking stall length variance and the 19-foot ii'ont yard setback variance for hard surface parking: PLANNING & ZONING COMMISSION MINUTES PAGE 7 JANUARY 3, 2007 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adhercnce to the provisions of this article would cause unduc hardship. The 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 co/?figured 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 of hard swiace throughout the development. The parking lot setback was placed 11 feet .(I'om the front property line in order to promote better traffic flow 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 difjicultto 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 arc generally not applicable to other properties within the same zoning classification. The property has more fi'ontage along Hart Boulevard than is has depth. Because of the configuration of 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-/oot stall length variance would ensure that the encroachment into the required fi'ont yard setback is not greater. The 19-/00t fi'ont yard setback variance for hard sUliace parking is required because of the orientation of the building on the property. The orientation of the parcel is unique to this specific parcel. 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 thc 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 cOf'!fined 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. 711e 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 thc variance is in harmony with the general purpose and intent of the 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. The variances are needed for accessOlY 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 tra,fficflow throughout the development while decreasing the total amount o.[hard surface on site. n1is reduces the amount o.[rainwater to be collected into the retention pond, 'which ultimately ends up in Hart Lake. The granting 0.[ the 19-foot fi'ont yard setback variance for hard sUlface parking would not be materially detrimental or injurious to the public because the location of the parking lot is acijacent to the Hart Boulevard right-ol-way. Across the street is Hart Lake, so neighboring properties are not affected. CONCLUSION The Apache Theatre site is an 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 Plan Amendment, a Rezoning, a new plat, a Conditional Use Permit, a Site Plan approval and two variances, and is consistent with the type of use that would be beneficial to the city. Staff recommends approval of the requests. Ouestions 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 shared expense between the city and the applicant. Thompson then questioned the location of the watermain as it appears to be located under the proposed sidewalk area. 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 and agreed that it does run under the sidewalk 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 if these were the full set of final plans. He was told that Public Works has the complete set and that the commission members only received what staff thought was necessary to make their recommendation. Fiorendino asked who presently owns the land 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 ComfOlis 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 and 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 parking 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 parking 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 if this 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 that 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 lake and that it would be accessed by a walkway/crosswalk, not by a bridge. She then asked ifboth the ponds were to be maintained jointly. Sargent stated, yes, that is the plan. Peterson thought the only problem with changing the length of the parking stalls would be where the parking lot has double sided parking near the north end of the building. Due to this being a senior facility, he was concerned that there be enough room to maneuver a vehicle safely. Sargent said since the drive aisle is being established at 24 feet, this 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 area and the playground for the school. The architect, 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 surround the perimeter of the playground. However, he agreed with Commission member Peterson that maybe some removable ballards should also be placed in this general area for added protection. He will pass on this concern. Szurek asked what the average size of the units were going to be. Mr. Frisbie stated that the units varied from studio units of 350 sf to one-bedroom units of 650 sf. Each one has a small kitchenette approximately 9 feet in length with reduccd sized appliances. Szurek commented that she liked the layout of the units and general 11001' plan ofthe building itself. Schmitt then asked about the traflic flow and how they arrived at the additional 6 vehicles per hour. Sargent explained that the number is arrived at by taking 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 traflic patterns will have little impact on the streets in the area and that there is no plan at this time to install traffic lights. Schmitt was concerned that traffic could be congested especially at the times of day when students are dropped off or picked up at the school. Thompson stated that if that becomes a problem, traffic counts 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 this 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 the Zoning and Development Ordinance, including: 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 permit ji'Oln the City. 3. All conditions set forth in the City of Columbia 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 API>ROVING A FINAL PLAT SUBDIVISION WITH CERTAIN CONDITIONS FOR PRATT ORDW AV, LLC WHEREAS, a proposal (Case No. 2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 2101-37IhAvenue. EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: Hart Lake Addition THE APPLICANT SEEKS APPROVAL or A FINAL 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, ail', danger of fire, and risk to public safely, in the surrounding area; and has held the required public hearing on this proposal on January 3, 2007. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights atter reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: I. The final plat substantially conforms to the approved preliminary plat. 2. The final plat conforms with the requirements of Section 9.114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. The applicant shall pay a park dedication fee in the amount of$26,890 at the time oftlnal piat approval. 2. The developer shall obtain a storm water permit.ji'om the Rice Creek Watershed District prior to obtaining a demolition permit fi'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 II JANUARY 3, 2007 Motion by Peterson, seconded by Schmitt, that the Planning Commission recommends 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 ofthe Zoning and Development Ordinance, including: 1, All required state and local codes will be met and infull 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 PRATT ORDWAY, LLC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0101) has been submitted by Pratt Ordway, LLC to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: Lot North 01'2101 - 37'h Avenue LEGAL DESCRIPTION: Lot I, Block I, Hart Lake Addition, 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, and a Montessori School per Code Section 9.109 (G)(3)(h). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on January 3, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of tire, 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 of the Planning Commission: I, The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties, 4, The use will not substantially diminish the use of property in the immediate vicinity, 5, The use will be designed, constmcted, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area, 6, The use and property upon which the use is located are adequately served by essential public facilities and services, 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 strects and to provide for appropriate on-site circulation of traffic. 8. The use will not causc a negative cumulative effect, when considercd in conjunction with the cumulative effect of other uses in the immediatc 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 bccome null and void ifthe project has not been completed within one (1) calendar veal' after the approval date, subject to petition for renewal of the permit. CONDITIONS A'fTACHED: ]. All required state and local codes will be met and infitll 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. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommend the City Council approve the 2-foot parking stall length variance per Code Section 9.106 (L)(7)(a). All ayes. MOTION PASSED. The following Resolution will go to the City Council January 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 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 - 371h Avenue LEGAL DESCRIPTION: Lot 1, Block I, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 2-foot parking stall length variance per Code Section 9.106 (L)(7)(a). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on January 3, 2007; WHEREAS, the City Council has considercd 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 wcll as any concern related to traffic, property values, light, air, danger of tire, 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 Commission: 1. Because of the particular physical surroundings, or the shape, coufiguration, topography, or other conditions of the specific parccl of land involved, wherc strict adherence to the provisions of this Ordinancc 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 propcrty. 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 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 completed within one (I) calendar year after the approval date, subject to petition for renewal of the permit. Motion by Peterson, seconded by Fiorendino, that the Planning 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 VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FORPRATTORDWAY,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 Heights Zoning Code at the following site: ADDRESS: Lot North of2101 - 37''' Avenue LEGAL DESCRIPTION: Lot 1, Block I, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 19-foot front 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 Januaty 3, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposcd 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 14 JANUARY 3, 2007 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 ofthc particular physical surroundings, 01' the shape, configuration, topography, 01' othcr conditions ofthe specific parccl ofland involved, whcrc strict adhcrcncc to thc provisions ofthis Ordinancc would cause unduc hardship. 2. Thc conditions upon which thc variancc is bascd arc uniquc to thc spccific parccl of land involvcd and arc gcncrally not applicablc to othcr propcrtics within the same zoning classification. 3. Thc difficulty 01' hardship is causcd by thc provisions of this Ordinance and has not bccn crcatcd by any person currently having lcgal intcrcst in thc propcrty. 4. Thc granting of thc variance is in harmony with the gcncral purposc and intcnt of thc Comprehcnsive Plan. 5. The granting of thc variancc will not bc matcrially dctrimcntal to the public wclfarc 01' matcrially injurious to the cnjoymcnt, use, dcvclopment 01' value ofpropcrty 01' improvcmcnts in the vicinity. FURTHER, BE IT RESOLVED, that thc attached plans, maps, and othcr information shall becomc patt of this variancc and approval; and in granting this variancc thc city and thc applicant agrcc that this variance shall bccomc null and void if thc projcct has not bccn complctcd within onc (1) calcndar ycar aftcr thc approval datc, subjcct to pctition for rcncwal ofthc pcrmit. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2007-0102 Huset Pal'k Development Corporation Lot 124A, Block 1, Huset Park Rezoning of Parcel, Minol' Subdivision INTRODUCTION At this time, the Ruset Park Development Corporation is proposing a minor subdivision located at Lot 124A, Block I, Ruset Park, to correct encroachments onto this property from the adjacent single-family residence located at 525 - 38th Avenue. When the Schafer Richardson I Ryland Romes 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 - 3 8th Avenue were actually located on the property now controlled by the Ruset Park Development Corp. The proposal entails a recombination subdivision to split off the eastern 15 feet of Lot 124A, Block I, Ruset Park. This land would be sold to the property owners at 525 - 38th Avenue to correct the encroachment issues. The current zoning classification for the Ruset Park Development Corp property is MXD, Mixed Use Development. The 15-foot strip of land will be rezoned to R-2A, One and Two Family Residential, to be consistent with the zoning classification of the property at 525 - 38th 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 this 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 Amendment Section 9.014 (F) of the Zoning Ordinance outlines 4 required findings that must be met in order for the City Council to approve a Zoning Amendment. They are as follows: I. 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 fi'om the Huset Park Development Corp property will be rezoned to R-2A. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed zoning amendment is needed in order to keep the zoning classification of the current property at 525 - 381/1 Avenue and the zoning classification of the piece of land they will receive consistent. There is no ben~fit 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 particular property, the existing use of the property and the zoning classification of propCliy 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 areafor 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 - 381/1 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 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 property was placed in its current zoning classification. The necessity of the rezoning of the 15-foot strip of landji'om MXD. Mixed Use Development to R- 2A, One and l\vo Family Residential is to correct an encroachment issue that has been in place since the construction of the house at 525 - 38'h Avenue. Prior to the Huset Park Development Corporation parcel being zoned MXD, it was zoned L Industrial. The trend in the area has been redevelopment, creating a new housing stock in the City. Correcting minor property line issues is consistent with the overall redevelopment plan jar 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 grant a minor subdivision (lot split). They are as follows: I. 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 ofa 15-foot section of one property and give it to another. 2. The proposed subdivision of land does not involve the vacation of existing easements. 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-o.fway will be dedicatedfor the pUl])ose (d'gaining access to the property. 5. The property has not previously been divided 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 making of assessments or the keeping of records related to assessments. This is an accurate statement. 8. The proposed subdivision meets all of the design standards specified in Section 9.114. The proposed subdivision meets all the design standards for lIIinor subdivisions executed in the City ofColulllbia Heights. PLANNING & ZONING COMMISSION MINUTES PAGE 17 JANUARY 3, 2007 City Staff recommends the Planning Commission recommend that the City Council approve the minor subdivision with the following condition: I. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. AND City Staff recommends that the Planning Commission recommend that the City Council approve the rezoning of the IS-foot parcel ofland Ii'om MXD, Mixed Use Development to R-2A, One and Two Family Residential. Sargent explained that the rezoning takes two readings, so this will go to the City Council on January 8, 2007 and January 22, 2007. The subdivision will go to the City Council 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 surveyed for the project, they planned around it and intended the use to be part of the common area for the development. It was never considered a buildable lot. Once divided and a portion sold to the owner at 525 38th Avenue, that portion 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 Commission recommend the City Council approve the minor subdivision with the following condition: I. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. All ayes. MOTION PASSED. The following Resolution will go to the City Council January 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 Huset Park Development Corp. to the City Council requesting a minor subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: Lot 124A, Block 1, Husct Park EXISTING LEGAL DESCRIPTION: Lot I24A, Block 1, Huset Park PROPOSED LEGAL DESCIUPTION: Lot I24A, Block 1, Huset Park THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. PLANNING & ZONING COMMISSION MINUTES PAGE 18 JANUARY 3, 2007 WHEREAS, the City Council has considered the advicc 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 trattic, 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 January 3, 2007. 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 thc following tindings of the Planning Commission: I. 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 easements. 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. 4. The proposed subdivision does not require the dedication of public rights-of-way for the plll'pose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. 7. The proposed subdivision does not hinder the making of assessments 01' the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the 99. 114. FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part ofthe permit. Motion by Thompson, seconded by Peterson, that the Planning Commission recommend the City Council approve the rezoning of the IS-foot parcel ofland It'om 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 the 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 - 38'" 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 ~fforts on in an altemptto beautifY the City and encourage positive growth; alld 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 issnes between a redevelopment area and as single-family dwelling; and WHEREAS, the rezoning is consistcnt with the City Comprehensive Plan and would resolve propcrty line encroachment issues; and WHEREAS, the zoning classification of the property for the proposed parcel is compatiblc 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 rczoning from MXD, Mixed 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 bmmers, portable signs, and other types of signage such as window signagc. He also listed some possible changes that staff is recommending. He asked that members look over the memo and comment on the proposed changes after they have an opportunity 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 temporary 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, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007 -0201 DATE: February 6, 2007 TO: Columbia Heights Planning Commission APPLICANT: Bruce Whitney LOCATION: 4920 Tyler Street REQUEST: Lot Split, Conditional Use Permit for Twin Home PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, Bruce Whitney is proposing to split the property located at 4920 Tyler Street in order to convert an existing duplex into a twin home. The Zoning Ordinance has recently been amended to require a Conditional Use Permit (CUP) for all twin home proposals within the R-2A or R-2B, One and Two Family Residential Zoning Districts. The existing house located at 4920 Tyler Street is a duplex built in December 2006. The applicant stated that he wants to sell the properties to prospective property owners rather than manage the property as a landlord. Because of the current orientation of the house on the property, a lot area variance will be necessary because the proposed lot split does not result in two equally sized parcels. COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards Medium Density Residential. Both the current use as a duplex and the proposed use of this land as a twin home are consistent with the intent of the Comprehensive Plan. ZONING ORDINANCE The property is zoned R-2A, One and Two Family Residential. The minimum requirements for lot area, lot width and setbacks in the R2-A District for a twin home use are as follows: 'City of Columbia Heights Planning Commission Savers-Conditionai Use Permit March 6, 2007 Case # 2007-0201 Lot Area: Lot Width: Front Yard Setback: Side Yard Setback: Rear Yard Setback: 12,000 square feet 60 feet Average requirement o feet 20% of lot depth, The lot width and lot area requirements are the minimum standards required for properties prior to the lot split, in order to construct a twin home, The Zoning Code has specific requirements for zero lot line setbacks when taking twin homes into consideration, They are as follows: (1) The wall of the dwelling unit shall be placed upon said property line in a manner that does not encroach upon another property, The proposed lot line will split the structure into two separate living quarters, along a party wall, At no point does any portion of either dwelling unit encroach onto the neighboring property. (2) The applicant records all required agreements, easements and deed restrictions against all properties that abut the zero lot line, This condition will be attached to the Conditional Use Permit Resolution. The applicant will be responsible for recording a party wall agreement as well as a driveway easement agreement between the two properties, (3) The minimum front, side and rear building setbacks shall be applied to the structure as a whole, rather than to individual units, The current structure is 20,6 feet from the northern property line, 5.34 feet from the southern property line, and approximately 56.5 feet from the rear property line, meeting the minimum setback requirements. The structure is setback 34.69 feet from the front property line, Given that the average setback of the houses 200 feet to the north and south is 35 feet, the current location of the subject property meets the minimum front yard setback requirement, (4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels occupied by the structure by the total number of dwelling units. The current property is 12,869 square feet, The existing house does not sit directly in the middle of the property, however it still meets all the minimum setback requirements. The minimum lot area for each property must be 6,434.5 square feet. Therefore, a 1,199.5 square foot area variance is required for the southern parcel. Page 2 'City of Columbia Heights Pianning Commission Savers-Conditional Use Permit March 6, 2007 Case # 2007-0201 The park dedication fee for Parcel B will be $3,132,00, to be paid upon final approval of the lot split FINDINGS OF FACT (Minor Subdivision) Section 9,104 (J) of the Zoning Ordinance outlines eight conditions that must be met in order for the City to grant a minor subdivision, They are as follows: (a) The proposed subdivision of land will not result in more than three lots, The proposed subdivision will result in the creation of two parcels, (b) The proposed subdivision of land does not involve the vacation of existing easements, No existing easements will be vacated as a result of the proposed minor subdivision (c) 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, The northern lot will be 7,634 square feet In area and the southern lot will be 5,235 square feet in area, The southern lot will require a 1,199,5 square foot area variance, as it is not one-half of the total lot area of the existing parcel of land, (d) The proposed subdivision does not require the dedication of public rights-of- way for the purpose of gaining access to the property, The property currently has adequate access to Tyler Street and will not require a dedication of the public right-of-way for access purposes, (e) The property has not previously been divided through the minor subdivision provisions of this article, This property has not been previously subdivided through the minor subdivision process, (f) The proposed subdivision does not hinder the conveyance of land, This is a true statement (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments, This is a true statement Page 3 'City of Columbia Heights Planning Commission Savers-Conditional Use Permit March 6, 2007 Case # 2007-0201 (h) The proposed subdivision meets all of the design standards specified in Section 9.114. Section 9.114 refers to the subdivision regulations set forth in the City's Zoning Code. The proposed subdivision meets all of the design standards specified in this section. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordinance outlines nine 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 property is located, or is a substantially similar use as determined by the Zoning Administrator. A twin home use is specifically mentioned as a Conditional Use in the R-2A, One and Two Family Residential District. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area towards Medium Density Residential. Both the current use as a duplex and the proposed use of this land as a twin home are consistent with the intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. The use of the building will change from a rental dwelling to owner-occupied. This should not impose hazards or disturbing influences within a residential area. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of the propetty in the immediate vicinity would not be diminished with this proposal. The building is an existing structure on the propetty. (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 of the surrounding area. Page 4 'City of Coiumbia Heights Planning Commission Savers-Conditional Use Permit March 6, 2007 Case # 2007-0201 The character of the surrounding area is for one and two family households. The twin home proposal would be consistent with the character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 4920 Tyler Street meets this criterion. (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. Traffic congestion will not be a problem with a two-family residential use within a residential district. (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 use will not cause a negative cumulative effect in the area. The proposal would be reducing the number of rental units in the neighborhood. (i) The use complies with all other applicable regulations for the district in which it is located. The use requires a lot area variance as applied for. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City to grant a variance. They are as follows: (a) 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 overall size of the property meets the minimum standards to allow a twin home use. The conditions for a zero-foot lot line setback require that the parcel be equally split when establishing a twin home. The hardship in this case is that the dwelling is in an existing location on the property that would disallow the parcel to be split evenly. (b) The conditions upon which the variance are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. Page 5 'City of Columbia Heights Planning Commission Savers-Conditional Use Permit March 6, 2007 Case # 2007-0201 There are very few duplex dwellings located on parcels greater than 12,000 square feet in area in the City of Columbia Heights. Of those that are, there are fewer that would be able to be converted to twin homes because of the inside configuration of the dwelling units. (c) 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 applicant built the dwelling unit with the purpose of creating a duplex and renting out each side of the building. At this time, the applicant would like to be able to sell both sides of the building to an owner-occupied tenant. (d) The granting of the variance is in harmony with the general purpose and intent of this Comprehensive Plan. The Comprehensive Plan guides this area towards Medium Density Residential. A twin home use is consistent with the intent of the Comprehensive Plan. (e) The granting of the varia,nce will not be materially detrimental to the pubnc welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variance would not change the physical make-up of the property in the least. The existing building will remain in its current location, with no additions proposed. The requirement of the variance is necessary to change the use of the building from rental units to owner-occupied units. RECOMMENDATION Motion: The Planning Commission recommends that the City Council approve the minor subdivision of the property located at 4920 Street for the purpose of creating parcels for a twin home, 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 appncations materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $3,132.00, due at the time of final approval by the City Council, and prior to any permits issued for the property. Page 6 'City of Columbia Heights Pianning Commission Savers-Conditional Use Permit March 6, 2007 Case # 2007-0201 Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for outdoor storage, 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 application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit 2. The shared party wall shall have not less than a one-hour fire resistive rating with exposure from both sides, 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. Motion: The Planning Commission recommends that the City Council approve the 1,199,5 square foot area variance for the southern parcel located at 4920 Street for the purpose of creating a twin home. ATTACHMENTS . Draft Resolution . Location Map . Site Plan Page 7 RESOLUTION NO. 2007-XX RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR BRUCE WHITNEY WHEREAS, a proposal (Case No. 2007-0201) has been submitted by Brucc Whitney to the City Council requesting a subdivision [rom the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 4920 Tyler Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Plmming Commission regarding the effect ofthe proposed subdivision upon the health, safety, and welfme of the cOlmnunity and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger oHire, and risk to public safcty, in the surrounding mea; and has held the required public hearing on this proposal on March 6, 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 o[the Planning Commission: 1. The proposed subdivision of land will not result in more than tlu'ee lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 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. 4. The proposed subdivision does not require the dedication o[ public rights-of-way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 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 o[ the design standards specified in the S9.114. Resolution No. 2007-XX Page 2 FURTHER, BE IT RESOLVED, that thc attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the pertnit. 2. The applicant shall pay a park dedication fee in the amount of$3, 132.00, due at the time of final approval by the City Council, and prior to any permits issued for the property. Passed this _ day of March 2007 Offered by: Seconded by: Roll Call: Ayes:. Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary RESOLUTION NO. 2007-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR BRUCE WHITNEY WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0201) has been submitted by Bruce Whitney to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4920 Tyler Street LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (F)(3)(b). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6, 2006; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger offire, and risk to public safety in the surrounding areas; and 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 of the Planning Commission: 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 use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance ofthe existing or intended character ofthe surrounding area. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. Resolution No. 2007-XXX Page 2 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 (]) calendar veal' after the approval date, subject to petition for renewal ofthe permit. CONDITIONS ATTACHED: 1. All application materials, maps, drawings and descriptive information submitted with this application shall become pmi of the permit. 2. 'I:he shared pmiy wall shall have not less than a one-hour fire resistive rating with exposure from both sides. 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. Passed this _ day of March, 2007 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretmy Resolution No. 2007-XXX Page 3 Approval is contingent upon execution and return ofthis document to thc City Planning Office. r have read and agree to the conditions of this resolution as outlined above. Bruce Whitney Date RESOLUTION NO. 2007-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR BRUCE WHITNEY WHEREAS, a proposal (Case # 2007-0201) has been submitted by Bruce Whitney to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4920 Tyler Street LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 1,199.5 square foot area variance for the creation of a new lot per Code Section 9.109 (D)( 4).. WHEREAS, the Plmming Commission has held a public heming as required by the City Zoning Code on March 6, 2007; WHEREAS, the City Council has considered the advice and recommendations of the Plmming 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 offire, 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 ofthe Planning Commission: I. 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 varimlce is based are unique to the specific pmcel ofland 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. Resolution No. 2007-XX Page 2 FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part ofthis variance and approval; and in granting this variance the city and the applicant agree that this variance shall become null and void ifthe project has not been completed within one (I) calendar year after the approval date, subject to petition for renewal of the permit. Passed this _ day of March, 2007 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC Deputy City Clerk/Council Secretary Approval is contingent upon execution and return ofthis document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Date Bruce Whitney ~ o ro ~ ~~ t-- ~ ~ ro ~ N 0 ~ W m AVE ~ o ro N ~~ ~ - '" roi--"'- N ~ ~ 0 o o ~ m ro ~ ~~ ~ f- 'e ro-"'-- N ~ m m w m AVE ~ m ro N ~~ ~ 4- :g ro~ N ~ m m o o CENTRAL MIDDLE SCHOOL 'Y I- 5055 5049 5043 5037 5031 5025 5019 z o 5013 (f) ~ 5007 0:> ()~ ~ c.{ 5001 ..., 841 - N ~ W~~7E S 840 4949 4943 4937 4931 4925 4919 4909 m o ~ m o o ~ o m ro 5060 5050 5000 4952 4946 4940 4920 4910 4900 '" ~ o ,- 4920 Tyler Street 999 1 I 1035 100 ~ m o "'4924 I- ~ m Iii 497~;? ~ 0 ~ {2 4918.lJ 4955 - '" <0 'It :r: I--' ui I~'l COURT m o '" 4955 ( , 4911 w z uJ > <( ...J ~ I- Z W C> ~ m '" 5025 4920 4916 4912 4906 ~ 4849 4811 4801 4757 ~ o ~ I~o~ ~\~~ i ;-0/11; TTQ 1, \r, ~ ! 5080 / ~ - <t,'!;fl m 1069:: 1090 v '170 \ '8 g Q: 5065 ~ 10/,,, 'V",O Q 1065 ~ <V 1070 50<'0 '%- m o m ~ m o ~ m 1061 1057 , ~ 1060 o ro m '" 1051 1043 o ~ 1005 <5 w m o m m o ~ m 0:: ~ g ~ ~ ~ ~01181 ~ ~~ r- o m o o o ~ o '" o ~ o ~ N o o '-- / K-MART o z <( 0::: (') Location Map ~ / '" o Ii! {:; 1345 5010 /m W " 0:: m <( C> ...J ::J 2: PIERCE '!; \ ~Q li> \ 17.5' 1335 1325 T" T~ <> '"' 13 131 ~ o o o m o o m 00 m \5 m / \:l m 1330 'S20 N m ~ ~ m m m m 7\110 ~~ """s"'" a-Cl ~ --' SCl Y 1301 N <b ~ ~ 'b ~~ '<0 ",?;>'\J() N N N r..9RlJ o N ~ 000 A9S0 t o N o o T" T" Q~ m o ro o 50TH N o ~ o m o ro o m w m ~ m ~ m m m ':i m ;;; w m / ':l m \~09 N m m LINCOLN ~ " ~}--- o 49 I N o ~ m ro o 0 0 ;;; o o ~ o ~ o. N N o '" ':i ~ ~ ~ :; ;;; '" N ':i ro 49TH ~I; m o ro 0 ~ o ;;; N o l- t) /~~ -' -' --' %,\~o;~~ ~ )..-01-1...... IPBOR~A~S ~ If j; --' N N .... ~~ <:n 0 --' ... J:: OJ OJ OJ , ~;BE~ :N ~~g ~ ... :: ~ OJ OJ ~ '< ~:~ :H:E;Y:N !l ~~g~ ... :: N .,. .,. To: Cit~ of Columbia Heights 5904011 Ave NE Columbia Heights MN 55421 From: Bruce Whitney 159 Oakwood Dr New Brighton MN 55112 6516367738 wJli\llQ,Q 3 i1!i:iiSi&()J}l RE: Splitting the lot of 4920 Tyler St December 18, 2006 The property of 4920 Tyler Street currently is a new duplex completed in December 2006. We would like to split the lot and turn the property into a twin home. Under current city zoning the lot qualifies for a twin home because it has a lot area of 12825 sq. ft and lot frontage of 95 feet. The block is currently zoned for duplexes. I believe these units will be owner occupied because they are spacious, beautiful and one level living for the retired owner. I believe the property owners on the block would prefer owner occupied units. 4920 Tyler St Unit I 2200 sf Four bedroom Two bath 4922 Tyler St Unit 2 2480 sf Three bedroom Two bath b.~.. LuJl1 7 !l 8 ,p ~ ,p "8 Ii RHo" H.l!,p,p . "::l,!;.l! ~i~~~ :5i .O(J) j;t~:~ ..... " g~"'lla ;ih. oC;,pl "'~ l:..~8Ji .~,,~ Ii~ 86ioti:!! !6piz .a.... ~e 'II" " '11'0 8" E"~" 0. EjWj~ a :1:2 I.hll ji~~~ i~~i& ~-.=z:: w8E '0 w8E,,~ ~~;;j~1tI lnd;:;;~ e 8 " ~ill~- .. hi~~ I~ ;~ l:t:i g o~.E g ~-,p go :_ 0 ~ 68~~ <> ~ 68 i~ Ilrot H€r~ '!j...JJ::c'6 .E 8-S,p 8. ElO~ 8.. EJ:z.c IO~ 0> ~ ~ UlIDOO:!:!"Qr;7l ~rg ~I~ E~ fI11,E. 5.!: Ii ,<;lll_~ ~ '31-0 t"'~~~,p ,,~HH ~~ N f,) G~ ~ lllH8i'6 ~ (1).08'5 ti CD.!ii :p ~ ~,~Si~r ~ ~E:5"O :5 E ..,p8 g E~......,..."'C 000 G z '" - G z....s 1Ill.C! 5 ! 8;;;~Ii~E i at') c 2~ tJl Ilrotl:t:i Hib '0 5E-&SI<'),e fi u. u c j - i'''88~ b..o~:5.E oCQ :1i"'Olii1 ~~o~oI II 8- ,p 8" co.... 6.E . II 6 l=~" ~~ B - 2.~Ii,p i! 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"ill '~;...' . ., ~ -, '.' -- M .rur.oo N rr'es .,...~ '-..,. . -~ .~ . .!-, . ~., .;-q , - .,~ . tL. ; . -, ,. : ',8 ~-., . . is . .. ..... ~ I I t' i ~ ~ ~ . ,<; 8 a -nl- '\ / ~~ ~ II I R w.... t::;::(J) ~ ~:8~ z . ,<r iJj o i~! ~ 7 ~h ~ I ~ ~g~ ~ I; R ~ ~ o.~J OO'it )- ! ll> . l~ ~Sl' ~ ~ '~ I ^ L9~ ..!!. ::::~~ ~ ^- =-_.1 N -- Le'ter-V- -~~ ~ t \ III ~ I' ~ ~ ~ ! ~ I I~ I~ 2: I~ tZ I ~ I ~ I ~ I I ~ I I --JL- - - -)f " z ~~ S ~ ii ~ ~i . ~ ~ ~ \1 " ~ <> " "'" I!''' I'! Ii! nH~d ~u~~n ~U~Ue . 0 0rJ~'X rJ . < .1;: Ii! Ii ~ . w I., .... 9- ~ < ~ CI) I 8 , ~ \ }""""""" t~~ I _ 6L' ~ . ~ 01 11)[ u ~ ~~ en ~~ ~ II) ~ . ~:i (5 ~ a::: t!l . ~ " 0 >- ~~ .!Cg . 1!llil ~im!i ~~i~15 iilW ~ Bhl ~ ~ ~ ! I lOtW """" \ - jog'Ot ~ I ~ / /1 ~ I I . I h~ "'~ (> CD'" I CI), I , I "-:-----7 -- ~ '::13:5: 'tit oliN iNf1 'M rrn M .rE.lr.oo N TlVM ONIN1YJ::Rf UO'Slt'MHl'] -- 00'09> 3 .r~,lr.oo N ~. ~l ~ .. Ii: . ;~ .... r; I ~~ IL ~. ~. .2' wo: .0 0 ... , ~ ~ '" ~ liS ~ OJ ~ o N m " " ~ ro >- "'" () ro a:l " ~ ro ~ >- (f) ~ ~ C OJ E' >, LL f- ~ N (f) N ~ m OJ " ~ I,;',' " ' I'" , ~~~ :'~Y::~~:~f~i~~ I',' " , , , : ' ; ~ ' , , "; -, r' : ' - 1'" .~\ . ',' ,,-,) ~:', ,),,::' Iii '..::1'1",'1' , It,l ,.,;,":: :I'!\:[ Ii ,,' < i' i,: i 'I i;J:~ ~ ~ '" J . .,' ,,' I ' ":'''-I! ,,,:, 'I~"'!ll"lf. { l' , l ~ ~( :/:,_Ij , . ' . I' !,: I , t , , , ' , . " !" I~; t. ,. ',' ,': I,' 'j ,- 1', ~l ~~: . ,t~~, ~'j\.;~~~~;5::~:'::~h\:~~' ~ ~1t,;._j'r;f-~';~!'\'~I:~' I!' \ \l<~:"JlI!lOS'- t;::;' Ii f':;" ,. ie- r , -" ~ - , , . (0 " ,I/o .....x-.'.,.... ,5'~1 ,~~-~':'. .. . . ' :.,' ',' . ~ . -- CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007-0301 DATE: March 6, 2007 TO: Columbia Heights Planning Commission APPLICANT: Linder's Greenhouses, Inc. LOCATION: 4300 Central Avenue, Rainbow Parking Lot REQUEST: Conditional Use Permit for Seasonal Sales PREPARED BY: Jeff Sargent, City Planner INTRODUCTION Linder's Greenhouse has applied for a Conditional Use Permit to allow the operation of a s~asonal mini-garden center for flowering plants and retail sales. According to Section 9.106 (G)(5) of the Zoning Ordinance, seasonal agricultural sales are a conditional use in all zoning districts. The ordinance limits the number of days that seasonal agricultural sales may occur to 90 days. The applicant proposes to operate the garden center for 90 days, from April 15th through July 15th (see attached letter). The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as previous years with four, six -foot doors remaining open at all times during business hours. There will be at least four fire extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. The two structures and patio will displace approximately 30 parking spaces and a drive aisle. This will be the Linder's 18th year operating a temporary greenhouse at this location in Columbia Heights. COMPREHENSIVE PLAN The Comprehensive Plan designates the property for commercial use, including retail sales, offices and service businesses. The proposal is consistent with the intent of the City's Comprehensive Plan. . City of Columbia Heights Planning Commission Linder's Greenhouse - Conditional Use Permit March 6, 2007 Case # 2007-0301 ZONING ORDINANCE The zoning classification for this property located at 4300 Central Avenue is GB, General Business District Retail uses are allowed in this zoning district Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that commercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 144,900-square-foot commercial building is required to have 483 parking spaces. After using the 30 parking spaces for the greenhouses, the site still has 598 parking spaces. Furthermore, with the location of the display area on the opposite side of the parking lot as the store entrances, the operation should not have any effect on vehicular access for the site. Please note that the Fire Department has reviewed the proposal and has no concerns regarding it FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines 9 conditions that must be met in order for the City to grant a conditional use permit 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 use as determined by the Zoning Administrator. Seasonal agricultural sales is a Conditional Use in all zoning districts, and is considered retail sales, which is permitted in the GB, General Business District. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Seasonal agricultural sales are allowed as conditional uses in all residential districts. 3. The use will not impose hazards or disturbing influences on neighboring properties. The closest residential property to the south is over 300 feet from the proposed temporary use. In addition, the amount of space dedicated for the greenhouse sales is relatively small at approximately 1,000 square feet. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. The garden center as proposed will have no impact on the use of adjacent properties. Page 2 City of Columbia Heights Planning Commission Linder's Greenhouse - Conditional Use Permit March 6, 2007 Case # 2007-0301 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. Linder's has been in operation for 17 years at this location, with the City experiencing no complaints. The proposed garden center should not negatively impact the existing character of the vicinity. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. The property is currently served by adequate public roadways and necessary utilities. 7. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the garden center will not significantly increase the traffic on the public streets, and the site is large enough to handle additional interior traffic. 8. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. . As indicated by prior descriptions, the garden center should not have a negative impact on other uses in the immediate vicinity, which are zoned for residential and commercial uses. 9. The use complies with all other applicable regulations for the district in which it is located. As determined by staff, the use complies with the applicable regulations of the GB, General Business District. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve the Conditional Use Permit for seasonal agricultural sales subject to conditions of approval outlined below. Motion: The Planning Commission recommends that the City Council approve the Conditional Use Permit for seasonal agricultural sales at 4300 Central Avenue NE from April 15 through July 15, 2007, subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the Page 3 City of Columbia Heights Planning Commission Linder's Greenhouse - Conditional Use Permit March 6, 2007 Case # 2007-0301 provisions of the Zoning and Development Ordinance, including: 1. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. ATTACHMENTS . Location Map . Draft Resolution . Letter from Linder's . Agreement with Heritage Real Estate . Site Plan . Elevations Page 4 RESOLUTION NO. 2007-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2007-0301) has been submitted by Linder's Greenhouses, Inc. to the City Council rcquesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4300 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (E)(3)(g), to allow outdoor sales or display. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 6,2007; WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed conditional use permit upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, propeliy 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 ofthe City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Plmming Commission: 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 use as determined by the Zoning Administrator. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of propeliy 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 chmacter of the surrounding area. 6. The use and propeliy upon which the use is located are adequately served by essential public facilities and services. Resolution No. 2007-XX Page 2 7. Adequate measures have been 01' 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 cOl'\iunction Witll 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 ofthis 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 (}) calendar veal' after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: I. The outdoor storage shall be located as indicated on the site plan. 2. A $500 deposit shall be submitted to the Community Development Department prior to installation of the structures on the site. The deposit shall be refunded after the Conditional Use Permit expires and the site has been cleaned up. 3. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Passed this _ day of March 200_ Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. 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W))>>w/;;)j:0;;>> fJ:0~j;; ~~~~~~~~~~~~~~~~~~~~ . ~~~~~~~\ I . ..~ : '3'N '3Nv' pJE:1>' TO AND BECOME A PART OF THAT CERTAIN LEASE AGREEMENT ' . IN THE CENTRAL VALU MALL SHOPPING CENTER. . . EXHIBIT A - CO ~ o.f-I C'<l) Q)::J O~ > C\J - C\J 1-.. +-' C <l) C,) i3= o ...0 l=i ....... ~ I r:/) 1J bJ) ....... Q) ::r1 c:j ....... ...0 ~ o U . . ~I IN /_ 7 / ~ ----------------- - ------~ --------------- .,JIII U; o \0$ ~ Co 'D ~ o -;;; :;: '" mTl ./. ./ .._JJJ,L.J-'-" [[lJ .. . -' ..-..-' ffiTI.. . -..-" ./-" ......-..-. .... .-., -, ......., ,.-" ." -' ." E@ ....... p., l-< o o ....... ~ III-. I I I I / ( ~ .<: ~ 0'- ~,,~ .- bJlN !-L"S'--' Jj \ \ " ~ e . J'l 'x ~ Co ------------..----------- ---- -------------,.------" <=> 'D . \) ( \ \ , \ - ,7 .. '" / ( ) ~-- . " "' ::l - .2 - '" i " (Hi@] 1: '" 0 '" 17 ~ '" .<: 0; OIl ::IJ (;J " N Vi .~ ...... ~ ~ ~ ~ ~..::: ~ .~ ~~ ~.S:'! ~ ...."" ~ ~~ ~ ~ ::::u .,.... ~ 'I t\...~.~...! , \)~~~ , \ Flower Mart Division 275 W. Wheelock Pkwy SL Paul, MN 55117 651-255-0417 Fax: (651) 255c0444 E-mail: flowermarts@linders.com . GREENHOUSES, GARDEN CENTER & FLOWER MARTS Mr. Jeff Sargent City of Columbia Heights 590 40th Ave NE. Columbia Heights, MN 55421-2800 February 5, 2007 Dear Mr. Sargent, Attached to this letter is my application for the2007 Linder's Flower Mai.t at the Central Value Mall atA4th and Central. The season for 2007 is plaimed to be from April 15 thruJuly 15. We plan to start the set-up about the en" of March, as we always done. The season corresponds to all the other seasons which we have been at this location, We at'e eager to return for our ~ighteenth successful year in Columbia Heights. We have developed a very loyal cnstomer base in Columbia Heights who looks forward to our returning year after year. They always want the consistent quality that we provide as well as our excellent customer service. Linder's considers Columbia Heights to be one of our best Flower Mart locations. . .We will be locating in the same lqcation as we have for these past years. 1. There is no parking adjacent to the Flower Mad. We do not allow smoking llnd place many signs to that effect. Smqking is hm'll1ful to the plants. 2. There are four 6 foot doors which remain opell at all times during business hours. , 3. There will be at least four fire extinguishel's in the Flower Mmt 4. The flammability information on the polyis in the enclosed material. ' If you have any questions about this applicatiOJi please call me. Iwill addl'ess any issues promptly. We feel we are an assetto this commJlIlity and want to grow here to meet qur custblners needs. . Please let me know when this iter!1 will be on tlw agenda for consideration. I look forward to II successfnl spring season in 2007 in Columbia HeightS. Any questions or COnCeJ'11S please call me at 612-685-7993. Sincerely, ,.. ' . , " . 6~pJ7;)-:' .' ~ella .. Division Managel' ~ Flower Marts , . , . Pta~Hft 76 $eed.t 74a$FMe~~ *O#~..&~ CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2007 -0302 DATE: March 6, 2006 TO: Columbia Heights Planning Commission APPLICANT: City of Columbia Heights REQUEST: Zoning Amendment to the Zoning Code as it relates to Seasonal Outdoor Sales PREPARED BY: Jeff Sargent, City Planner BACKGROUND The Planning Commission and the City Council's time are not put to the best use while processing a request for Seasonal Outdoor Sales proposals. The Seasonal Outdoor Sales applications that. are received by the City are proposed by compa)lies that have been conducting the same business in the same location for a considerable amount of time. In the 2006 season, three of the nine Conditional Use Permits that were processed by the Planning Commission and the City Council were proposals for greenhouses throughout the city. Those three companies requesting the CUP have conducted 31 combined years of business in the City of Columbia Heights. The Linder's Greenhouse, which locates in the Rainbow Grocery Store parking lot, has conducted business in Columbia Heights for the past 17 years. Each year, the application is identical to the previous year's application, and each year the CUP gets approved. This redundancy of applying for and receiving a CUP for this type of use throughout the city wastes the Planning Commission and City Council's time. For this reason, Staff proposes the Planning Commission recommend amending the Zoning Code, eliminating the requirement for a Conditional Use Permit (CUP) for all future Seasonal Outdoor Sales activities. All future Seasonal Outdoor Sales activities would be a permitted use in the district which they are currently allowed, and would require a peddler's license through the City. When applying for the peddler's license, the applicant would still be subject to review from the Planning, Building and Fire Departments for compliance to the City Code. . City of Columbia Heights Planning Commission Text Amendment, Auto Lots March 6, 2007 Case # 2007-0302 COMPREHENSIVE PLAN The proposed zoning amendment would not affect the Comprehensive Plan, as no new zoning districts would be created. FINDINGS OF FACT The City Council shall make the following 4 findings before granting approval of a request to amend the City Code. These findings are as follows: a) The amendment is consistent with the comprehensive plan. The amendment is consistent with the Comprehensive Plan because no new zoning districts will be created with the proposed zoning amendment. b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would allow for a better use of time for the Planning Commission and City Council. All future Seasonal Sale operators would be affected. Therefore the proposed zoning amendment would not be solely for the benefit of a single properly owner. c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The zoning amendment does not change the zoning classification of a parlicular properly. d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. The zoning amendment does not change the zoning classification of a parlicular properly. RECOMMENDATION: City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. This ordinance amendment would allow for seasonal outdoor sales to be a permitted use in Page 2 City of Columbia Heights Planning Commission Text Amendment, Auto Lots March 6, 2007 Case # 2007-0302 the districts in which they are currently allowed. The requirement for a Conditional Use Permit for such activity would be abolished. Motion: The Planning Commission recommends that the City Council approve the text amendments as outlined in the attached draft ordinance. Attachments . Draft Ordinance Page 3 ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE GB, GENERAL BUSINESS AND CBD, CENTRAL BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.103 of thc Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 DEFINITIONS. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. OUTDOOR SALES AND/OR DISPLAY, SEASONAL. The selling 01' displaying of retail merchandise outside the principal structure, and on the same lot as the principal structure. Suclt sales and/or display may be located in a temporary structure sllch as a kiosk, greenhouse 01' temporalY tellt. Examples of merchandise to be sold include agricultural products, fireworks, Christmas trees, and tlte like. Chapter 9, Articlc I, Section 9.110 of the Columbia Heights City Code, is proposed to include the following additions and dcletions: ~ 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business. (2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: (a) COlmnunity Center. (b) Government office. (c) Government protective service facility. (d) Public park and/or playground. (e) Recreational facility, indoor. (f) Recreational facility, outdoor. (g) School, vocational or business. (h) School, performing/visual/martial arts. (i) Auditorium/place of assembly. U) Automobile convenience facility. (k) Automobile repair, minor. (1) Banquet Hall. (m)Billiards Hall. (n) Bowling Alley. (0) Car wash. (P) Clinic, medical or dental. (q) Clinic, veterinary. (1') Daycare facility, adult or child. (s) Financial institution. (t) Food service, convenience (fast food). (u) Food service, limited (coffee shop/deli). (v) Food service, full service (restaurant/nightclub). (w)Funeral home. (x) Greenhouse/garden center. (y) Health or fitness club. (z) Hotel/motel. (aa) Laboratory, medical. (bb) Liquor store, off-sale. (cc) Museum or gallery. (dd) Office. (ee) Retail sales. (ft) Service, professional. (gg) Shopping Center. (hh) Studio, professional. (ii) Studio, radio and television. OJ) Theater, live performance. (kk) Theater, movie. (11) Outdoors sales and/or display, seasonal. ~ 9.110 COMMERCIAL DISTRICTS. (E) GB, General Business. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in S 9.104, Administration and Enforcement, and the regulations for specific uses set forth in S 9.107, Specific Development Standmds: (a) Government maintenance facility. (b) Arcade. (c) Automobile sales/rental, new and used. (d) Recreational vehicle sales, new or used. (e) Firearms dealer/Shooting range. (t) Hospital. ~tdoor sales or displ-aif.- (h) Outdoor storage. (i) Parking Ramp. G) Assembly, manufacturing and/or processing. (k) Printing and/or publishing. (1) Consignment/Secondhand store. (m)Club or lodge. (n) Currency exchange. (0) Pawnshop. (p) Drop-in facility. (F) CBD, Central Business District. (2) Permitted Uses. Except as .\pecifically limited herein, the following uses are permitted within the CBD, Central Business District. (a) Multiple-family residential, when located above a first floor commercial use. (b) Community center. (c) Government office. (d) Government protective services facility. (e) Public parks and/or playgrounds. (t) Recreational facility, indoor. (g) Recreational facility, outdoor. (h) School, vocational or business. (i) School, performing/visual/martial arts. G) Auditorium/place of assembly. (k) Banquet hall. (1) Billiards hall. (m) Bowling alley. (n) Clinic, medical or dentist. (0) Clinic, veterinary. (P) Licensed day care facility, adult or child. (q) Financial institution. (r) Food service, convenience (fast food). (s) Food service, limited (coffee shop/deli). (t) Food service, full service (restaurant/nightclub). (u) Health or fitness center. (v) Hotel or motel. (w) Laboratory, medical. (x) Liquor store, off-sale. (y) Museum or gallery. (z) Office. (aa) Retail sales. (bb) Service, professional. (cc) Studio, professional. (dd) Studio, radio or television. (ee) Theater, live performance. (ft) Theater, movie. (gg) Outdoor sales and/or display, seasonal. (3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the regulations set forth for conditional uses in 9 9.104, Administration and Enforcement, and the regulations for specific uses set forth in 99.107, Specific Development Standards. (a) Government maintenance facility. (b) Arcade. ( c) Automobile repair, minol'. (d) Gmeeer salcs and/or di~ ( e) Outdoor storagc. (f) Parking ramp. (g) Club or lodge. Section 2: This ordimmce shall be in full force and effect from and after 30 days after its passage. First Reading: Second Reading: Date of Passage: ,2007 ,2007 Offered by: Seconded by: RollCall: Mayor Gary 1. Peterson Attest: Patricia Muscovitz, Deputy City Clerk