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HomeMy WebLinkAboutFebruary 6, 2008 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING FEBRUARY 6, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, Schmitt, Peterson, and Szurek. Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Peterson, to approve the minutes }i'om the meeting of January 2, 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0201 Chris Little 3700-3722 Central Ave Site PlanNariance This case is being tabled until the next meeting as there have been delays in finalizing some aspects of the project. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0202 Nancy Percival 508 - 40th Avenue NE Conditional Use Permit for Consignment Store INTRODUCTION Sargent explained that Nancy Percival d/b/a Nancy's Nifty Thrifty Boutique & Gift Shop is requesting a Conditional Use Permit (CUP) to allow a consignment / secondhand store located at 508 - 40th Avenue. Ms. Percival has been operating the business at this location for the past couple of months but did not know that she needed a CUP to run a consignment store. He reported that staff realized that the store sold secondhand goods when an article in the StarTribune was published, detailing the business. COMPREHENSIVE PLAN The Comprehensive Plan guides the property as a "Community Center District". The Community Center District is a mixed-use district, promoting commercial and retail services at the neighborhood level. A boutique store is consistent with the intent of the City's Comprehensive Plan. ZONING ORDINANCE The property located at 508 - 40th Avenue NE is zoned General Business (GB). The properties in the immediate vicinity are also zoned GB. The Zoning Code at Section 9.110 (E)(3)(l) allows for a consigmnent/secondhand store as a Conditional Use. The Specific Development Standards at Section 9.1 07 (13) state the criteria in which the consignment store shall be used. Sargent reviewed the standards as follows: PLANNING & ZONING COMMISSION MINUTES PAGE 2 FEBRUARY 6, 2008 a) Consignment/secondhand stores shall be identified as stores whose primary existence is derived from more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges and pawnshops. The applicant stated that approximately 80% of the merchandise sold in the store is secondhand or used Items sold in the business include, but are not limited to: clothing, shoes, handbags, wallets, books, jewehy, candles, vases, knick-knacks, children's items (toys, puzzles, games, etc), and stuffed animals. The closest existing consignment/secondhand store is the Salvation Army located at 3929 Central Avenue. From property line to property line, the Salvation Army is approximately 3,195 feet away. The applicant's store meets the definition of a consignment/secondhand store and is located the correct distance from any other consignment/secondhand store in the City. b) The window and door areas of any existing first floor fayade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. The applicant has not taken any measures to reduce the window area or visibility into or out of the store at the eye level. The only alteration the applicant has made to the store window is the placement of the business signage, which meets City Code requirements. c) For new construction, at least 30% of the first floor fayade along a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level. The building is not new construction. d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. The store currently does not utilize these types of security devices. e) Consignors shall not be paid for merchandise until the merchandise has been sold to a third patty. f) An appointment or set hours shall be required for the acceptance of consigmnent or donated merchandise. g) All receipt, sOlting and processing of goods shall occur within a completely enclosed building. h) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. PLANNING & ZONING COMMISSION MINUTES PAGE 3 FEBRUARY 6, 2008 FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Pelmit. 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 detennined by the Zoning Administrator. A consignment/secondhand store is specifically listed as a Conditional Use in the GB, General Business District in the City of Columbia Heights. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides the property as a "Community Center District". "The Community Center District" is a mixed-use district, promoting commercial and retail services at the neighborhood level. A boutique store is consistent with the intent of the City's Comprehensive Plan. ( c) The use will not impose hazards or disturbing influences on neighboring properties. The store will hold regular hours of operation consistent with other boutique-type of stores. The store will not have large shipments of goods and is scaled to a neighborhood level type of business. For this reason, the use will not impose disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will remain unchanged as a result of the proposed use of the existing retail space. (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. The character of the surrounding area is for neighborhood level businesses. A boutique store meets this intended use. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 508 - 40th Avenue 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. This retail space has existed for several years. There will be no changes to on-site circulation of traffic or parking with the change of occupant for the tenant space. (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 consignment store meets the 3,000-foot criteria for the closest proximity permitted to another consignment use. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the GB, General Business District. PLANNING & ZONING COMMISSION MINUTES PAGE 4 FEBRUARY 6, 2008 Staff recommends approval of the proposed CUP for a consignment/secondhand store located at 508 - 40th Avenue. Although this store meets the definition of a consignment store, the City Code relating to the matter deals more with larger secondhand retail chains. The nature of this business will be unobtrusive to the sUll'ounding area and will be a good fit for the general area. Questions from members: Peterson questioned whether an Antique Store would be considered a secondhand store? I-Ie wondered because often times similar businesses will locate near each other to draw off each other, and with the 3,000 ft distance requirement, this may not be permitted. Schmitt had the same concerns. She stated that large chain stores are not likely to go in the small business spots located along 40th Avenue. She sees these spaces being filled with small businesses such as Used Book Stores, Antique Stores, Comic Book Stores, and Gift shops such as Nancy's operating from these locations. They are nice little businesses for the neighborhood setting. She questions whether we may need to look at the ordinance so that these types of businesses wouldn't be prohibited from locating near each other. She also thought the 3,000 ft distance requirement may be excessive. Sargent said he would have to look at the definitions in the Ordinance closer, but he believed there is a difference between a secondhand store where items are donated or sold on consignment, and the other stores mentioned because they actually purchase the items and then re-sell them. Those businesses are considered retail stores. I-Ie again reminded members that the language in the Ordinance is directed at the larger secondhand chain stores, and that it was included to prohibit too many secondhand stores being located along Central Ave. He didn't feel there was any reason to make changes to the language at this time since there aren't other businesses requesting a Conditional Use Permit in the area for a similar type business. Public Hearing is opened. No one was present to speak on this matter. Public Hearing is closed. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a consignment/second hand store located at 508 - 40th Avenue, subject to certain 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. Consignment/secondhand stores shall be identified as stores whose primary existence is derived form more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consigmnent/secondhand stores, currency exchanges and pawnshops. PLANNING & ZONING COMMISSION MINUTES PAGE 5 FEBRUARY 6, 2008 2. The window and door areas of any existing first floor fayade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. 3. The use of bars, chains or similar security devices that are visible from a public street or 4. Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. 5. An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. 6. All receipt, sOlting and processing of good shall occur within a completely enclosed building. 7. The premises, all adj acent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. All ayes. MOTION PASSED. The following Resolution will go to the City Council at the February 11, 2008 meeting. DRAFT RESOLUTION NO. 2008-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NANCY PERCIVAL WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0202) has been submitted by Nancy Percival to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 508 _40"' Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Pertnit per Code Section 9.1 10 (E)(3)(1), to allow a consignment/secondhand store. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on February 6, 2008; 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, tt'affic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning distt'ict in which the property is loeated, 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, construeted, operated and maintained in a manner that is compatible with the appearanee of the existing or intended character of the surrounding area. 6. The use and property upon which the use is loeated are adequately served by essential public facilities and services. 7. Adequate measures have been or will be taken to minimize traffic eongestion on the publie streets and to provide for appropriate on-site eirculation of traffic. 8. The use will not eause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use eomplies with all other applicable regulations for the district in which it is located. PLANNING & ZONING COMMISSION MINUTES PAGE 6 FEBRUARY 6, 2008 FURTHER, BE IT RESOLVED, that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar veal' after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Consignment/secondhand stores shall be identified as stores whose primary existence is derived form more than 50% used, consigned, or secondhand merchandise. The use shall be located at least 3,000 feet from all existing consignment/secondhand stores, currency exchanges and pawnshops. 2. The window and door areas of any existing first floor fa,ade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. 3. The use of bars, chains or similar security devices that are visible 11'0m a public street or sidewalk shall be prohibited. 4. Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. 5. An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. 6. All receipt, sorting and processing of good shall occur within a completely enclosed building. 7. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. CASE NUMBER: APPLICANT: REQUEST: 2008-0203 City of Colnmbia Heights Zoning Amendment to the Zoning Code as it relates to Temporary Signage Sargent explained that on May 29, 2007, the City Council adopted Ordinance 1523, being an Ordinance relating to the use of temporary signage. The ordinance accomplished the following: I. Required a permit for each temporary sign at a price of $20 per permit. 2. Required that no more than four temporary sign permits could be issued per business per calendar year. 3. Required that temporary sign permits may be good for no more than 30 days each. The City Council also established a sunset clause on Ordinance 1523, set to expire on April 29, 2008. This was done to ensure that the ordinance was practical and fair to business owners throughout Columbia Heights. At this time, staff proposes permanently amending the zoning code regarding temporary signage to better implement the intent ofthe goals ofthe Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40th Avenue corridors. The zoning code previous to Ordinance 1523 allowed for temporary signage that was not consistent with the intent of the Comprehensive Plan or Design Guidelines for the Central A venue and 40th Avenue corridors, and that was aesthetically unappealing. Lack of effective regulation regarding temporary signage was found in the following areas: I. The pelmitted location of a temporary sign on a building. 2. The number of temporary signs allowed on a building at any given time. 3. The duration in which a temporary banner may be displayed for. 4. Freestanding portable signage less than 8 square feet in area. PLANNING & ZONING COMMISSION MINUTES PAGE 7 FEBRUARY 6, 2008 Since the establishment of Ordinance 1523, there has been a substantial change in use of temporary signage throughout the City, resulting in less clutter, higher streetscape appeal and better implementation of policies that are outlined in the Design Guidelines. The proposed Ordinance includes one clarification of Ordinance 1523 which Sargent reviewed with the members regarding the number of signs allowed per year, and it would result in a permanent ordinance with no sunset clause. COMPREHENSIVE PLAN Sargent reminded members that the purpose of the Comprehensive Plan is to identify the goals for economic and commercial vitality of the city, and the purpose of the zoning ordinance is to guide private activity toward the achievement of those goals. The implementation of these goals centers on the City's ability to redevelop the commercial and retail sectors and establish a friendly working and living environment for the residents of and visitors to Columbia Heights. A coalition was formed in 2002 to draft the Design Guidelines required for future development and redevelopment projects along 40th Avenue and Central Avenue. The objective in the Design Guidelines for signage is that "signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral patt of building and site design" The Design Guidelines regulate such things as the types of signs to be used, the shape of signs, the placement of signs on the building, the colors and materials the signs could incorporate, and the illumination of the signs. The Design Guidelines incorporate these specific criteria in order to enhance the aesthetic appeal of the city. FINDINGS OF FACT The City Council shall make the following four 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 proposed amendment would make the current standard for tempormy signage more consistent with the intent of the Comprehensive Plan and Design Guidelines. b) The amendment is in the public interest and is not solely for the benefit of a single propelty owner. The Design Guidelines coalition formed in 2002 was partly comprised of citizens and business owners representing the public at large. The proposed amendment would establish standards along Central Avenue, which would better reflect the intent of the Design Guidelines. For this reason, the proposed amendment would be beneficial to the public. c) Where the amendment is to change the zoning classification of a particular propelty, the existing use of the property and the zoning classification of propelty within the general area of the propetty in question are compatible with the proposed zoning classification. The zoning classification of land will not change. PLANNING & ZONING COMMISSION MINUTES PAGE 8 FEBRUARY 6, 2008 d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the chamcter 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 classification of land will not change. City Staff recommends that the Planning and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Ouestions from members: Szurek stated that the temporary tax business at 4110 Central A venue has several "stick in the ground" signs along Central Ave, and wondered if they are allowed. Sargent stated that they are not allowed and that he will check on this. He explained he goes out once or twice a week to check for compliance, but that some signs are bound to be missed. Fiorendino questioned the $9.00 haircut sign at 49th and Central. He thought there was some language in the Ordinance that required the appearance to be professional, and he didn't feel this one is. Sargent said that the sign is considered a sandwich board sign, it is not stuck in the ground, and if it is 5 feet from the property line, it would be allowed. Szurek asked whether he was enforcing the 25% maximum window coverage of additional colorful advertising. She was especially concerned with Car X and Midas. Sargent said he is enforcing it and that he will check on it. If the bay doors with the windows are open when he goes by, he could be missing the fact they are exceeding the allowable percentage. Schmitt asked if this Ordinance only covers Central Ave and 40th Avenue. Sargent said no, it is for signage throughout the city. He said he tends to be pro-active along Central Avenue and 40th Avenue, but checks on other areas on a complaint basis. Thompson thought more than four signs should be allowed per year. He wants to see the city support local businesses. Sargent said the City Council could revise this number if they choose, but that we must be careful, as allowing too many would then make the temporary signs more permanent. Fiorendino agreed there needs to be a balance, but wants to keep the improved appearance he has noticed. Public Hearing opened. Jeff Bahe from 3701 Central Ave was present. He stated that he had been involved in this process and he considers himself a representative of the business owners in the community. He felt the city needs to do a better job of notifying business owners of changes that may affect them. Bahe reminded members that many owners do not live in the community, and therefore do not see published notices in the local newspaper. He expressed his opinion that more signage is needed. He cited that his business is down 15- 18%, that he doesn't receive the same amount of walk-ins he used to, and that other, more direct PLANNING & ZONING COMMISSION MINUTES PAGE 9 FEBRUARY 6, 2008 advertising is too costly. He said there are a few other businesses in town he has talked to that are also experiencing a slow down in business. He acknowledged that he didn't know if it is due to the overall state of the economy, service related, or lack of signage. It was his opinion that more businesses are leaving Columbia Heights than are coming in and that we need the businesses to keep Columbia Heights attractive to residents. Schmitt asked Bahe what he would recommend, or what he thought the appropriate number of temporary signs per year should be. He didn't have an immediate answer to this. Fiorendino asked about the timelines we are working under and the process of passing this Ordinance. Sargent explained the Ordinance must have a first and second reading before the City Council and then there is a 3D-day waiting period before it becomes effective. This needs to be completed before April 29th or it will revert back to the old Ordinance. The other option would be to extend the sunset clause on Ord. 1523. Szurek noted that if this goes before the City Council as is, that business owners could attend either of the two City Council meetings to voice their opinions on revising the ordinance. She personally felt that a lot of time had already been spent on this and that it was a good balance of allowing temporary signs, and yet, keeping the avenue more aesthetically appealing. Gary Peterson thinks that maybe businesses should be notified of the public hearing and that Planning & Zoning is the appropriate body to review this before making their recommendation to the City Council. He said this could be tabled for one more month to allow more feedback before making their final recommendation to the Council. The Council originally put the sunset clause on Ordinance 1523 so that it could be re-visited to make sure it is accomplishing what we hoped, or to make any revisions before making it permanent. Thompson said this should be re-visited at the March meeting. He didn't feel it was necessary to notify business owners, but that Mr. Bahe could contact them and have them submit their input by the March meeting so the commission could make its final recommendation to the Council. Sargent said he has had contact with several businesses throughout the community and he has not received any negative comments from any of them. He further stated that most businesses, including Mr. Bahe's and some of the others he mentioned, have not applied for any temporary sign permits to date, therefore, he didn't understand why the number needs to be increased. Fiorendino requested that data be presented that proves business is down because of the sign ordinance and not just the state of the economy. Otherwise, he is satisfied with the proposed Ordinance and that he believes it has improved the look of Central A venue immensely. Schmitt asked for clarification of the number of sandwich boards that are allowed per business, which Sargent answered. Public Hearing closed. PLANNING & ZONING COMMISSION MINUTES PAGE 10 FEBRUARY 6, 2008 Motion by Thompson, seconded by Peterson, to table this issue till the March meeting to grant business owners time to present documentation that this Ordinance has had a negative impact on their business and to submit a plan of what revisions they recommend prior to the next meeting. All ayes. MOTION PASSED. Sargent said he will amend his staff repOli and include any information he receives regarding this in the March agenda packets. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0204 City of Columbia Heights City Wide Zoning Amendment for Rezoning of Parcels INTRODUCTION At this time, City Staff is requesting a zoning amendment to create a new zoning district. The new zoning district would be titled "Public Space", and would include all land available for public use. Such uses would include: all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works and the library. Currently, the City parks are established as overlay areas throughout the City, meaning that there is an underlying zoning district for each park, be it residential, commercial or industrial. There is no consistent zoning district for each park throughout the City, making it difficult to establish continuity throughout the park system. Staff recommends creating a new zoning district so that each public parcel has the same set of standards for its use, setbacks, parking requirements and performance standards. COMPREHENSIVE PLAN The Comprehensive Plan currently guides all the parks and Murzyn Hall for "Park" use. City Hall is guided for "Community Center District", the public works building is guided for "Industrial" and the library is guided for "Commercial". The Met Council has given their pre-approval and as we are so close to our 2008 Comprehensive Plan Update, these changes will be amended at that time. ZONING ORDINANCE The following is a list of all the parks in the City and their current zoning classification. Also listed are City Hall, Murzyn Hall, the public works building, Jackson Pond, and the library: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. Albert A. Kordiak Park Curt Ramsdell Park Edgemoor Park Gateway Park Gauvitte Park Hilltop Park Huset Park Keyes Park Labelle Park Lomianki Park McKenna Park Ostrander Park R-l, Single Family Residential District R-l, Single Family Residential District R-2A, One and Two Family Residential District R-2A, One and Two Family Residential District R-2A, One and Two Family Residential District R-2A, One and Two Family Residential District 1-1, Industrial District R-l, Single Family Residential District R-4, Multiple Family Residential District 1-1, Industrial District R-l, Single Family Residential District R-2A, One and Two Family Residential District PLANNING & ZONING COMMISSION MINUTES PAGE 1I FEBRUARY 6, 2008 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Prestemon Park Silver Lake Beach Silver Lake Park Sullivan Lake Park Wargo Court City Hall Jackson Pond Library Murzyn Hall Public Works R-1, Single Family Residential District R-1, Single Family Residential District R-1, Single Family Residential District R-3, Multiple Family Residential District CBD, Central Business District R-3, Multiple Family Residential District R-2A, One and Two Family Residential District LB, Limited Business District I-I, Industrial District I-I, Industrial District As stated previously, the creation of the Public District would place all of the above-listed into one zoning classification. The proposed district would also list all permitted, accessory and conditional uses allowed within. The total amount ofland to be rezoned is approximately 164 acres. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: 1. The amendment is consistent with the Comprehensive Plan. The Comprehensive Plan currently guides all the parks and Murzyn Hallfor "Park" use. City Hall is guidedfor "Community Center District", the public works building is guided for "Industrial" and the library is guidedfor "Commercial". The Comprehensive Plan guidance for City Hall, the public works building and the library will be amended during the 2008 Comprehensive Plan Update. 2. The amendment is in the public interest and is not solely for the benefit of a single property owner. The City of Columbia Heights owns all the parcels that would be affected by this proposed zoning amendment. The creation of a new zoning district would make the uses of these properties more consistent with each another in terms of setbacks, parking requirements and performance standards. 3. Where the amendment is to change the zoning classification of a particular propeliy, the existing use of the propeliy and the zoning classification of propeliy within the general area of the propeliy in question are compatible with the proposed zoning classification. The proposed zoning amendment will create a new zoning district in which all the existing uses of the property to be rezoned will be compatible. 4. Where the amendment is to change the zoning classification of a paliicular property, there has been a change in the character or trend of development in the general area of the propeliy in question, which has taken place since such propeliy was placed in the current zoning classification. The pW]Jose of the zoning amendment is to create a zoning district for all the public uses throughout the City. Doing so would make the uses, setbacks and pelformance standards for the parks and other public uses consistent with one another. PLANNING & ZONING COMMISSION MINUTES PAGE 12 FEBRUARY 6, 2008 Staffrecommends the Planning Commission recommend the City Council approve the creation of the "Public District" as outlined in the attached draft Ordinance. Ouestions from members: Schmitt was confused why single family homes or manufactured homes would be a permitted use in this district. Sargent explained that sometimes properties are obtained for Public Use, but are not used as such for a period of time while waiting for redevelopment or other various reasons, and by omitting this as a permitted use may make the properties non-conforming. He used an example of two houses that are currently within the overlay of Edgemoor Park. He also stated this is consistent with the language used by other cities. Peterson asked if it would make it easier for the Parks and Traffic Commissions to operate, and Sargent stated yes, that is one of the reasons it is being done. Gary Peterson thought the strip of land on the East side of Hart Lake and the NEI propeliy on 41 st Avenue should also be included. He is concerned that it would slow up the process for developing the NEI site if we wait to re-zone it at a later time. Sargent agreed and said he will check with Kevin Hansen prior to it going to the City Council. He stated that they had considered adding the school property and the Liquor Stores in this district, but decided against it. If the schools were added, we would need to notify them as an involved party. And the Liquor Stores were omitted as they could potentially be resold as a retail establishment in the future. Mike Peterson wanted to know what percentage of each zoning district we have in our city and how we compare to other cities. Sargent told him the online version has a legend showing that information. Public Hearing opened. There was no fuliher discussion on this matter. Public Hearing closed, Motion by Fiorendino, seconded by Peterson, that the Planning Commission recommends the City Council approve the creation of the "Public District", which would include all municipal, county, and regional parks, City Hall, Murzyn Hall, Jackson Pond, Public Works. and the library, as depicted on the attached zoning map, and to consider including the sites at 37'11 and Hart Blvd and the NEI site on 41" Avenue in this district. All ayes. MOTION PASSED. ORDINANCE NO. XXXX BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO THE PUBLIC AND OPEN SPACE ZONING DISTRICT IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I of the Columbia Heights City Code, is proposed to include the following additions. ~9.114 PUBLIC AND OPEN SPACE DISTRICT (A) Purpose. The "P" Public and Open Space District is intended to provide a district which will allow areas of the City to be retained and utilized for low density residential, non-local jurisdiction public uses, open space, and provide a "holding" zone for future development to ensure that development will be staged to maintain reasonable economy in public expenditures for public utilities and services. PLANNING & ZONING COMMISSION MINUTES PAGE 13 FEBRUARY 6, 2008 (ll) General provisions. (I) Compliance wilh applicable regulalions. Any nse established in a pnblic district after the effective date of this arlicle shall comply wilh all applicable local, slate and federal standards for snch uses. (2) AdminIstration. Thc administration and enforcement of this article shall be in accordance with the provisions of ~9.104, Administration and Enforcement. (3) Nonconformities. Nonconforming uses, structures, lots and signs within a public district shall be subject to the provisions of ~9.105, Nonconformities. (4) Complial/ce wilh gel/eral development standards. Any use established, expanded 01' modified in a public district aftcr the effcctive datc of this article shall comply with the applicable provisions of ~9.106, General Provisions. (5) Complial/ce with specific developmel/t stal/dards. Any use established, expanded 01' modified in a public district after the effective date of this arlicle that is identified in ~9.107, Specific Development Standards, shall comply with the applicable provisions of that article. (6) Prohibited uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibitcd in that district. (C) Lot dimel/siol/, height, amI bulk requiremellls. Lot area, setback, height and lot coverage requirements for uses in the ublic district shall be as s ecified in the followin table: Public and 0 en S ace Minimum Lot Area Single Family Dwelling All Other Uses Minimum Lot Width 8,400 s ,ft, None Single Familv Dwelling I 60 reet I All Other Uses I None I Residential Building Setbacks Front Yard 25 reet Side Yard 5 reet Cornel' Side Yard 10 reet Real' Yard 20% oflot depth Non-residential Building Setbacks Front Yard 25 reet Side Yard 5 reet Cornel' Side Yard 10 reet Real' Yard 20% of lot depth Single Familv Pm'kino Setbacks Front Yard (Excluding drives/pads) 25 reet Side Yard 3 reet Cornel' Side Yard 3 reet Real' Yard 3 reet Non-residential Parking Setbacks Front Yard 5 reet Side Yard 3 reet Cornel' Side Yard 3 reet Real' Yard 3 reet Maximum Height Residential shuctures 28 reet Non-residential structures None Non-residential Floor Area Ratio 1 PLANNING & ZONING COMMISSION MINUTES PAGE 14 FEBRUARY 6, 2008 (D) Pubic aud Opeu Space District. (I) Permitted Uses. Except as specifically limited herein, thc following uses are pcrmitted within the P, Public and Open Space District: (a) County, Regional and City parks. (b) Playgrounds, athletic ficlds, recreational areas, and parking areas. (c) Cemeteries. (d) Publicly owned and opcrated facilities. (e) Single-family dwellings, including manufactured homcs. (I) Essential scrvices. (2) Couditioual Uses. Except as specifically limited herein, the following uses may be allowed in the P, Public and Open Spaces District, subject to regulations set forth for conditional uses in ~9.104, Administration and Enforcement, and the regulations for specific uses set forth in ~9.I07, Specific Development Standards: (a) Public or semi-public recrcational buildings aud ueighbOl'llOOds or commuuity ccnters. (b) Non-city governmental and public regulatcd utility buildings and structurcs necessary for the health, safety and general wclfare ofthc community. (3) Permilled accessory uses. Except as specifically limited herein, the followiug accessory uses may be allowed iu the P, Public and Opeu Space District: (a) Operation aud storage of such vehiclcs, equipment and machinery, which are incidental to the permitted or conditional uses allowed iu this district. (b) The rentiug of rooms by a residcnt family for lodging purposes only aud fOl' the accommodation of not more thau two (2) persons in a single-family dwelling. (c) Living quarters for persons employed on the premises. (d) Home occupations. (e) Recreational vehiclcs and equipment. (I) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. (g) Tool houses, shcds and similar buildings for storage of domcstic supplies and noncommercial recreational equipment (h) Private garages, parking spaces and carports for licensed and operable passenger cars and trncks. Chapter 9, Article I, Section 9.104 (J)(6)(h) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~9.I04 ADMINSTRATION AND ENFORCEMENT (J) Minor subdivisions (lot splits) (6) Required findings. The City Council shall make each of the following findings before approving a minor subdivision: (h) The proposed subdivision meets all of the design standards specified in the ~ ~9.115. Chapter 9, Atticle I, Section 9.104 (K)(6)(a) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~9.104 ADMINSTRATION AND ENFORCEMENT (K) Preliminary plats. (6) Required findings. The City Council shall make each of the following fiudings before approving a preliminary plat: (a) The proposed preliminary plat conforms to the requirements of ~ ~9.115. Chapter 9, Atticle I, Section 9.104 (L)(6)(b) of the Columbia Heights City Code, is proposed to include the following additions and deletions: PLANNING & ZONING COMMISSION MINUTES PAGElS FEBRUARY 6, 2008 ~9.104 ADMINSTRATlON AND ENFORCEMENT (L) Final plats (6) Required findings. The City Council shall make each of the following findings before approving a final plat: (b) The final plat conforms to the requirements of ~ ~9.115. Chapter 9, Article I, Section 9.114 of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ ~9.115 SUBDIVISION REGULATIONS Chapter 9, Article t, Section 9.114 (C)(3)(b)(4) of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~9.114 SUBDIVISION REGULATIONS (C) Plats and data. (3) Final plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of 100 feet equals 1 inch or such other standard scale as approved by the City Engineer and in all other respects shall comply with Minnesota Statutes. Where necessary, plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City Council. (b) Additional plans to be submitted with the final plat include the following: 4. Final Street plans for requirements established in ~~9.115 (D). Section 2: This ordinance shall be infullforce and e./Jectfi'om and afier 30 days after its passage. NEW BUSINESS Sargent told members he had met with a group at the High School and that they had been a good source of information. He is trying to schedule a meeting with the Seniors Group for their input. The feedback he has received will be brought to a work session with the City Council and the Planning & Zoning Commission tentatively scheduled for 6 p.m. on Monday, February 25th prior to the City Council meeting. If this date does not work, it will be rescheduled for early March. OTHER BUSINESS Szurek asked about the project on 37th and Central. Sargent explained this was the case tabled at the beginning of the meeting and that it should be on the March agenda. The meeting was adjoumed at 8:30 p.m. Respectfully submitted, :.,}/ ~OJ. c\'llNlM. ~~!rley HansonU