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HomeMy WebLinkAboutMarch 5, 2008 PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MARCH 5, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine SZlll'ek. 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 from the meeting of Februmy 6, 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0201 Chris Little 3700-3722 Central Ave Site PlanlVariance This ease is being tabled until the next meeting as there have been delays in finalizing some aspects of the project. CASE NUMBER: APPLICANT: REQUEST: 2008-0203 City of Columbia Heights Zoning Amendment to the Zoning Code as it ,'elates to Temporary Signage This case was continued from the last meeting to grant businesses more time to submit comments on this ordinance. Sargent briefly explained again that on May 29, 2007, the City Couneil adopted Ordinance 1523, being an Ordinance relating to the use of temporary signage. The ordinance accomplished the following: 1. 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. At that time 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. Staff now proposes permanently amending the zoning code regarding temporary signage to better implement the intent of the goals of the Comprehensive Plan and the Design Guidelines adopted for the Central Avenue and 40'h Avenue corridors. Sargent reviewed a change made to part 7 addressing the number of signs allowed per site. The timelines for passing this ordinance were discussed at the last meeting. Sargent explained the Ordinance must have a first and second reading before the City Council and then there is a 30-day waiting period before it becomes effective. This needs to be completed before April 29'h or it will revert back to the old Ordinance. The other option would be to extend the sunset clause on Ord. 1523. PLANNING & ZONING COMMISSION MINUTES PAGE 2 MARCI-I 5, 2008 At thc last meeting, Gary Peterson felt this should be tablcd till the March meeting to allow morc time for feedback before making the final recommendation to the Council. Thompson also felt this should be re-visited at the March meeting. This would give any businesses ample time to submit data regarding any negative impact they had experienced because of the new restrictions. Any input received would be considered prior to the commission making its final recommendation to the Council. FINDINGS OF FACT Sargent again explained that 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 temporwy 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 property 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 r~flect 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 ofa 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 classification of land will not change. d) Where thc 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 classification of land will not change. City Staff recommends that the Plmming and Zoning Commission recommend approval of the proposed zoning amendment as outlined in the attached draft ordinance. Questions from Members: Peterson asked if there had been any feedback from area businesses since the last meeting. Sargent stated that he had not received any comments at all. Public Hearing opened. No one was present to speak on this matter. Public Hearing closed. PLANNING & ZONING COMMISSION MINUTES PAGE 3 MARCH 5, 2008 Motion by Fiorendino, seconded by Schmitt, that the Planning Commission recommends the City Council approve the text amendments as outlined in the attached draft ordinance. All Ayes. MOTION PASSED. The following Ordinance will go to the City Council for the first reading March 10,2008. DRAFT ORDINANCE NO. 1536 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO TI-IE USE OF TEMPORARY SIGNAGE IN TI-lE BUSINESS DISTRICTS IN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9. I 03 of the Columbia Heights City Code, is proposed to include the following additions and deletions. ~ 9.103 DEFINITIONS. For the pU"l)ose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. SIGN, SANDWICH BOARD. A freestanding "A" frame sign, not reqniring staking to the ground, placed near the entrancc of a retail store to dircct pedestrians to that bnsincss. Chapter 9, Article 1, Section 9.106 (1') of the Columbia Heights City Code, is proposed to include the following additions and deletions: ~ 9.106 GENERAL DEVELOPMENT STANDARDS. (P) Sign Regulations. (6) Prohibited Signs. Signs that are not specifically permitted in this division are hereby prohibited in all districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions ofthe foregoing, the following signs are specifically prohibited: (a) A balcony sign and a sign mounted or suppOlied on a balcony. (b) Any sign that obstructs and part of a doorway 01' fire escape. (c) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. (d) A private sign containing words or symbols, which might reasonably be construed as traffic controls. (e) An animated or rotating sign, except barbel' poles and signs displaying time and temperature information only in the animated or rotating portion thereof. (I) A flashing sign, including indoor flashing, electrical signs visible from the public right-ot~ way, other than time and temperature signs limited to such time and temperature information. (g) A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. (h) Any roof sign, unless attached to mansard roof 01' similar decorative style roof that is vertical in nature. (i) A projecting sign which either extends more than 18 inches from the building or structure to which it is attached, or which is larger than three feet in vertical height, other than canopy or marquee signs. Ul Any sign that does not display the name of the manufacturer 01' maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. PLANNING & ZONING COMMISSION MINUTES PAGE 4 MARCH 5, 2008 (k) Any sign that is erected, placed or maintained by any person on a rock, fence or trees. (I) Any sign that interferes with any electric light, or power, tclephone, telecommunications, or telegraph wires, or the supports thereof. (m) Any sign containing electrical wiring, which does not conform to the Electrical Code or the components thereof do not bear label of an approved testing agency. (n) Any window sign or signs which exceed 25% of the total area of the window on or in which it is displayed. (0) All portable signage exceeaiHg eight square feet, excluding sandwich board signs. (p) Temporary signage stuck into the ground, exclnding political signs regnlated per state statnte, professional real estate signs, garage sales signs, and any signs listed in Section 9.106 (P)(5). (7) Temporwy Signs. Thc following standards shall apply to temporary signs in all zoning districts: (a) Each temporwy sign, with the exception of sandwich board signs, shall require a sign permit ji'OJn the City of Columbia Heights. (b) No more than foul' (4) temporary sign permits may be issued pel' business pel' calendar year. (c) No more than two (2) temporalY signs shall be di;played pel' business at any given time. When two tempol'm:v signs are displayed, each sign shall require a permit and each sign will c()unlloward~' the allotment l?/tempol'aJ:V signage permit/ed per business per calendar year, If the business is located within a shopping center, no more than foul' (4) tempormy signs may be displayed throughout the shopping center at any given time. Wed) Any sign not considered permanent shall be considered temporary. (e) Temporwy signage may not be used as permanent wall signage for the business. f61(f) Temporary baHllcm signs or pennants shall not exceed 3 fect by 20 feet ill size, 32 square feet in area for businesses located in the CBD, Central Business District, and shall not excced 48 square feet in area throughout the remainder of the City and shall bc directly and fully attached to the wall of the building. (g) Each temporary sign shall be limited to a 30-day display period per permit. fe1(h) No temporary signs shall extend over or into any street, alley, sidewalk or other public thoroughfare a diotanee greater than 10 inehes from the ...:all ~lpon which it is erected, shall not be fJlaccd or prejeet over any wall, and may not covcr more than 25% of window area such that 75% of the total window area is kept clear at all times. E<I1(i) No temporary sign shall be erected so as to prevent free ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. fe1(j) Unauthorized use oftempormy signage shall be subject to the other sanctions as provided herein. (k) Saudwieh Board Signs. (1) Permittcd in the LB, Limitcd Busincss, GB, General Business, and CBD, Central Business District only. (2) One (1) sandwich board sign is permitted pcr business. (3) Sandwich board signs are limited to eight (8) sqnare feet in area per side. (4) Sandwich board signs are limited to fivc (5) feet in height. (5) The sign shall be professionally paintcd and lIIaintained in a ncat and rcadable Inanner. (6) Signs shall be placed on private property only, and shall be setback at least five (5) fcet from all property lines. (7) Signs shall not obstrnct vehicular or pedestrian traffic or visibility and shall not creatc a safcty hazard. (8) Signs shall not bc lighted and shall not utilize noise alllplificrs. (9) In thc CBD, Central Busincss District only, sandwich board signs lIIay be placed on public sidewalks, directly in front of thc business bcing advcrtised. Scction 2: This ordinance shall be infullforce and eJfectji'om and after 30 days a}ler its passage. PLANNING & ZONING COMMISSION MINUTES PAGE 5 MARCH 5, 2008 CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0301 Linder's Greenhouses, Inc. 4300 Ccntml Avenue, Rainbow Parking Lot Interim Use Permit for Seasonal Sales INTRODUCTION Linder's Greenhouse has applied for an Interim Use Permit to allow the operation of a seasonal mini- garden center for flowering plants and retail sales. The City of Columbia Heights has recently amended the ordinance regarding outdoor seasonal sales in all zoning districts, and now requircs an Interim Use Permit rather than a Conditional Use Permit. Interim Use Permits are approvcd by the Planning & Zoning Commission and do not go to the City Council. The specific development standards for an outdoor sales/display establishment are found at Section 9.107 (C)(28), and will be added as conditions of approval for this permit. This will be the Linder's 19th year operating a temporary greenhouse at this location in Columbia Heights. 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 cnclose the patio and connect to each structure. The greenhouse structures will be the same as previous years with foul', six-foot doors remaining opcn at all times during business hours. Therc 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. 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. ZONING ORDINANCE The zoning classification for this property locatcd 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)(lO) 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 seven findings of fact that must be met in order for the City to grant an interim use permit. They are as follows: 1. The use is one of the interim uses listed for the zoning district in which the property is located, or is a substantially similar use, as detcrmined by the Zoning Administrator. Outdoor sales/display establishments are an Interim Use in the GB. General Business District, and are considered retail sales, which are permitted. PLANNING & ZONING COMMISSION MINUTES PAGE 6 MARCH 5, 2008 2. The use is in harmony with the general purpose and intent ofthe Comprehensive Plan. The Comprehensive Plan guides the subject property for commercial use. Outdoor sales/di5play uses 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 feetfi'om the proposed tempormy use. In addition, the amount of 5pace 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. 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 sUl'rounding area. Linder's has been in operation for 18 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. Adequate measUl'es have been or will be taken to minimize traflic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The trqffic 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 trqlJic. 7. 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 zonedfor residential and commercial uses. Staff recommends that the Planning Commission approve the Interim Use Pertnit for seasonal agricultural sales subject to conditions of approval outlined in the suggested motion. Ouestions from the members: Fiorendino asked if any of the requirements had changed since the change from Conditional Use to Interim Use. Sargent stated they are basically the same requirements as before. Public Hearing Opened: There was no one present to speak on this issue. Public Hearing Closed. PLANNING & ZONING COMMISSION MINUTES PAGE 7 MARCH 5, 2008 Motion by Peterson, seconded by Fiorendino, that the Planning Commission approves the Interim Use Permit for seasonal agricultural sales at 4300 Central Avenue NE fi'om April 15 through July 15, 2008, 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: 7. All Ayes. I. 2. 3. 4. Outdoor agricultural/produce sales located within the public right-of-way are prohibited. All goods shall be dii>]Jlayed in an orderly fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. Signage shall be limited to (2) professionally made signs per structure, not exceeding thirty-two (32) square feet per sign. The outdoor storage shall be located as indicated on the site plan. 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 (ifier the Interim Use Permit expires and the site has been cleaned up. The proposedfence must be 20 feet fi'om the retaining wall for sq{ety vehicular access. MOTION PASSED. 5. 6. RESOLUTION NO. 2008-PZ02 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING AN INTEIUM USE PERMIT FOR LINDER'S GREENHOUSES, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0301) has been submitted by Linder's Greenhouses to the Planning and Zoning Commission requesting an Interim Use Permit approval 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: Interim Use Permit for outdoor seasonal sales from April 15, 2008 to July 15,2008. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 5, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, salety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, propelty values, light, ail', danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The use is one of the interim uses listedfor the zoning district in which the property is locate,!, or is a substantially similar use, as determined by the Zoning Administrator. 2. The use is in harmony with the general I'll/pose and intent of the Comprehensive Plan. 3. The use will not impose hazards or disturbing 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 of the existing or intended character of the surrounding area. 6. Adequate measures have been or will be taken to minimize traffic congestion on the pubic streets and to provide for appropriate on-site circulation of traffic. 7. The use will not cause a negative cumulative effect. when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. PLANNING & ZONING COMMISSION MINUTES PAGE 8 MARCil 5, 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. Outdoor agricultlll'al/produce sales located within the public right-of-way are prohibited. 2. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 3. Music 01' amplitied sounds shall not be audible from adjacent residential properties. 4. Signage shall be limitcd to (2) professionally made signs pel' structure, not exceeding thirty-two (32) square feet pel' sign. 5. The outdoor storage shall be located as indicated on the site plan. 6. A $500 deposit shall be submitted to the Community Developmcnt Department prior to installation of the structures on the site. The deposit shall be retimded after the Interim Use Pennit expires and the site has been cleaned up. 7. The proposed fence must be 20 feet from the retaining wall for safety vehicular access. Passed this 5'h day of March 2008, Offered by: Seconded by: RollCall: Ayes: Nays: CHAIR Marlaine SZlIl'ek Attest: SECRETARY, Shelley Hanson CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0302 Fmttallone's Ace Hardware 3939 Central Avenue Conditional Use Permit Outdoor Sales, Site Plan Approval INTRODUCTION At this time, Tom Frattallone d/b/a Frattallone's Ace Hardware is requesting a Site Plan approval for the construction of a new 14,500 square foot hardware store located at 3939 CenIral Avenue. The applicant is also requesting a Conditional Use Permit (CUP) to allow for a 5,500 square foot garden center attached to the back of the building. The garden center requires a CUP because it is considered an outdoor sales area. 3939 Central Avenue is the old Burger King site that the City bought for future redevelopment. A Phase I and II environmental study was conducted on the property to determine the extent of the contaminated soils in the land. Results of the study indicated that the property sits on a residential construction waste dump, and would require soil corrections in order for the land to be developed. Through extensive work with PLANNING & ZONING COMMISSION MINUTES PAGE 9 MARCH 5, 2008 ProSource (an environmental consultant firm), as well as the Minnesota Pollution Control Agency (MPCA), it was determined that a bio-composite barrier could be placed over the entire property to essentially cap the waste material and provide an acceptable barrier between the waste material and the new construction on the site. This has proven to be the most cost-friendly method of construction, as hauling the waste material fl'om the property would make the project cost prohibitive. Mr. Frattallone is a current business owner in the City of Columbia Heights, with a store located at 2261 - 3ill Avenue NE. He has chosen to relocate to 3939 Central Avenue in order to be closer to the downtown business core, to stay in the City of Columbia Heights, and to have the opportunity of owning the building in which he conducts his business. COMPREHENSIVE PLAN The Comprehensive Plan designates the property as commercial use. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhance the city's economic vitality through redevelopment efforts. ZONING ORDINANCE The property located at 3939 Central Avenue NE is zoned CBD, Central Business District, as arc the properties to the north, west and south. The property to the cast is zoned R-3, Multiple Family Residential. The Zoning Code at Section 9.110 (F)(3)(d) allows for outdoor sales as a Conditional Use in the CBD. The Specific Development Standards at Section 9.107 (29) state the criteria in which the outdoor storage shall be used. These standards state the following: a) The outdoor sales/display use shall be accessory to a commercial use. The outdoor sales will be accessOlY to the hardware store use, which is permitted in the CBD, Central Business District. b) All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. The setback requirements in the CBD, Central Business District are asfollows: Front Yard: none Side Yard: none Rear Yard: 10feet The proposed Garden Center will be locatedl 0 feet f'om the northern side lot line, 70 feet fi'om the southern side lot line and 35 feetfi'Dln the rear lot line, meeting the city's minimum requirements. c) Outdoor sales/display areas within the public right-of-way arc prohibited. The applicant will co/'!fine all outdoor sales/di:,plays to the Garden Center located to the rear of the property and away fimn any public rights-olway. d) A landscape buffer with a minimum depth often feet shall be installed and maintained along all abutting public rights-of-way. The proposed outdoor sales/display area will be located behind the principal structure at a distance of approximately 140 feet fi'om the Central Avenue right-alway. For this reason, a landscape buffer zone will be unnecessCl/Y. PLANNING & ZONING COMMISSION MINUTES PAGE 10 MARCH 5, 2008 e) All goods shall be displayed in a designated area that is hard surfaced. The proposed Garden Center will be hard swfaced and located within a confined, fenced-in space behind the principal structure. f) All goods shall be displayed in an orderly fashion, with access aisles provided as needed. The applicant has stated that it is to his ben~fit to dil>play the goods in an orderly fashion. This condition will be added as a condition of approval for the CUP. g) Music or amplified sounds shall not be audible from adjacent residential properties. The applicant stated that the volume on all sound systems would be controlled to ensure that the produced noise would not be audiblefi'om the adjacent residentially zoned property. This will be added as a condition of approvalfor the CUP. h) The outdoor sales/display area shall not reduce the amount of ofl~street parking provided on-site below the level required for the principal use. The property is located in the CBD, Central Business District, which does not require offstreet parking. i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. The Garden Center will be enclosed with a six-foot high wrought iron fence with 2 'x2' support columns. This will provide an adequate buffer between the outdoor sales/dioplay are and adjacent properties. BUILDING CONSTRUCTION. Because of the nature of the property and the soil conditions, the entire building, along with all other structures on site, will be built on pilings. In total, the applicants will be using 125 pilings to support the structure. PARKING. The property is located in the CBD, Central Business District. The CBD does not require an ofl~street parking for any businesses. The applicant, however, is proposing 34 on-site parking spaces, sized to meet the city's minimum parking space requirement of 9'xI8'. LANDSCAPING. The City Code requires landscape plans that include a minimum of one tree for every 50 feet of street frontage or fraction thereof. Parking areas shall have a minimum of 100 sf of landscape area and one over-story tree for each 20 spaces or fraction thereof as well. 3939 Central Avenue has 180 feet of street fl'ontage, and is utilizing 34 parking spaces. This requires six trees, two of which shall be over-story trees, and 170 sf of landscape area. The proposed plans indicate a total of eight Linden Trees, all of which are over-story trees, and approximately 3,260 sf of landscaped area, meeting the City's minimum requirements in both regards. STORMWATER MANAGEMENT. As stated previously, the property at 3939 Central Avenue is contaminated with construction debris and needs to be controlled prior to any construction. As directed by the MPCA, the developers will incorporate a two-foot thick layer of geo-composite lining, creating an acceptable buffer zone between the new building and the waste material, and effectively capping the property. PLANNING & ZONING COMMISSION MINUTES PAGE II MARCH 5, 2008 By capping the site, the MPCA has also determined that stormwater management in the form of ponding would not be acceptable, as the protective barrier cannot be penetrated in any way. For this reason, the developer's only other option is to pond the storm water on the roof of the building and control the rate of runoff into the City's storm sewer drains through a water retention method. DESIGN GUIDELINES The property at 3939 Central Avenue is also located in the Design Overlay Central Business District and is subject to a set of specific development standards as outlined in the Design Guidelines. Some of the following areas of interest are as follows: BUILDING PLACEMENT. Buildings shall meet the established fayade line on the block where they are located, in most cases at or very near the front lot line. The proposed building will be placed 10 feet from the front lot line in order to incorporate landscaping between the building and the sidewalk. PRIMARY FACADES. Buildings should have a well-defined base, middle and top. The base, or ground floor should appear visually distinct ft'om the upper stories. The proposed structure is a one-story building designed to have the appearance of a two-story structure. The ground floor incorporates a row of windows with a change in building material on the upper portion of the building to give the impression of a second story. Brick columns will span the height of the building, ending at the bottom of an ornate cornice topping the entire front and a portion of the side facades. BUILDING HEIGHT. All buildings shall have a minimum cornice height of 22 feet. With the grade change on the property, the majority of the building will be in excess of 22 feet, with the southwestern corner at 21 '8". Because the majority of the building meets the 22-foot height requirement, the building height will be considered acceptable. BUILDING MATERIALS. The building will incorporate rock face block, brick and ElI'S, which are all acceptable building materials for the district in which the building is located. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordinance outlines nine findings of fact 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. Outdoor sales/display is ;pecifically listed as a Conditional Use in the CBD, Central 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 Plun designates the property as commercial use. The proposal is consistent with the intent of the City's Comprehensive Plan to promote business and enhunce the city's economic vitality through redevelopment efforts. (c) The use will not impose hazards or disturbing influences on neighboring properties. The outdoor sales area is located on the back of the building and will he enclosed with un ornamental wrought iron fence with brick columns. The activity conducted in the Garden Center will not impose hazards onneighhoring properties. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for outdoor sales area for the proposed CUP would help ensure that the uses of properties in the immediate vicinity would not be diminished in any capacity. PLANNING & ZONING COMMISSION MINUTES PAGE 12 MARCH 5, 2008 (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 outdoor sales area is located on the back of the building and will be enclosed with an omamental wrought iron fence with brick columns. It is intended that the Garden Center will be operated and maintained in a manner compatible with the appearance of the surrounding area. (f) The use and property upon which the usc is located are adequately served by essential public facilities and services. The property located at 3939 Central Avenue NE 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. The Site Plan indicates adequate parking stall dimensions and drive aisle widths. This will ensure appropriate on-site circulation of tnlific. MnDOT has received and reviewed the site plan and has indicated no concems regarding increased trafflc due to the proposed Garden Center use. (h) The use will not cause a negative cumulative cffect, when considered in conjunction with the cumulative effect of othcr uses is the immediate vicinity. Being that outdoor sales/display is allowed in the Central Business District with a CUP, it is assumed that there would be no negative cumulative effect of the proposed use on other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulation for the CBD zoning district. FINDINGS OF FACT (Site Plan Approval) Section 9.104 (M) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a site plan. They are as follows: a) The site plan conforms to all applicable requircments of this article. The site plan meets all setback, building density, parking and Design Guidelines criteria pertaining to the Zoning Code. b) The site plan is consistent with the applicable provisions of the city's Comprehensive Plan. The City's Comprehensive Plan guides this areafor commercial use. The proposed hardware store is an acceptable use in the zoning district it is located, thus consistent with the Comprehensive Plan. c) The site plan is consistent with any applicable area plan. There is no area plan for this portion of the city. d) The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right- of-way. The proposed site plan meets all applicable setback requirements and zoning provisions. For this reason, there will be no adverse impacts on property in the immediate vicinity 01' the public right-of-way. The Burger King site has been a redevelopment priority for the City of Columbia Heights and Mr. Frattallone has been a prominent business owner in the city for quite some time. The proposed plans for the construction of a hardware store meet all zoning and design guideline requirements, and the garden center will be an unobtrusive service to the public. For these reasons, staff recommends approval of the Conditional Use Permit for outdoor sales/display as well as approval ofthe site plan for 3939 Central Avenue. PLANNING & ZONING COMMISSION MINUTES PAGE 13 MARCH 5, 2008 Ouestions from members: Peterson expressed concern regarding the 18-foot length of the parking stalls designed to be straight pull-in spots, and felt it would be difficult for cars to maneuver. He thought angled spots might be better. Sargent stated that the 18-foot length is standard and meets our code requirements. The developer designed the parking spaces this way for a reason. Angled spots would not work well on this site because there is only one access to the parking lot, and that is off Central. Angled spots would require another exit point which is not possible on this site. Peterson then asked how deliveries would be made to the building, and if the trucks would have enough room to maneuver. Tom Frattallone, the applicant, showed the members how the trucks would access the delivery door in the rear NE corner of the building. He stated there is plenty of room to accommodate the 48 ft. semi trucks that make their deliveries. Peterson asked if the trees along the north side of the building will grow as it will be somewhat shaded between the buildings. Jim Faulkner, the architect for this project, stated that the Linden Tree was chosen as it is an excellent tree for an urban setting such as this. Schmitt questioned what type of screening/barrier would be used on the east side of the property. Faulkner explained that a fence and shrubs already exist on the adjacent apm1ment property. Schmitt then asked who would be responsible for any necessary clean up if the bio-composite barrier would ever tear. Faulkner stated that the environmental cap is applied to the site to limit methane gas from leaking up through the soil. All tests that have been done indicate little or no methane gas being present. He went on to explain that all the underground work will be done prior to the membrane cap being applied so it will not be compromised. He said the waste has already been covered by 20 feet of dirt. The debris stm1s at about 20 feet and goes as deep as 60 feet. The pilings will be 90-120 feet in depth and will also be under the membrane cap. Any future issues with the site will be the responsibility of the property owner, and all environmental issues will be properly documented. Schmitt questioned whether a monument sign is planned for the site as well. Mr. Frattallone said they haven't made a decision on this yet, but it will be decided prior to the beginning of construction. Szurek clarified the fact that this would be a slab on grade building and there would not be a basement or storage area beneath the building. The architect confirmed that and stated they hadn't decided if the garden center portion would be asphalt or concrete. She thanked Mr. Frattalone for staying in Columbia Heights and stated she thought the plans were nicely designed. Mr. Frattalone stated it is his intent to be in the new store before year-end. He explained his lease at his present location expires June 30th and he has arranged to continue his business there on an interim basis until the new store is finished. Fiorendino asked if the bio-composite barrier would cover the entire site. He was told, yes, it would even be under the parking lot area. He questioned the location of the fencing. Mr. Faulkner went over the layout of the site and how people would access both the store and the garden center. There was some discussion regarding the design of the garden center space. Thompson stated he was happy with the plans and wished them luck on the many issues they are dealing with. PLANNING& ZONING COMMISSION MINUTES PAGE 14 MARCH 5, 2008 Public I-Iearing Opened. No one was present to speak on this matter. Public Hearing Closed. Motion by Schmitt, seconded by Fiorendino, to waive the reading of Resolution No. 2008-PZ03, there being ample copies available to the public. All Ayes. MOnON PASSED. Motion by Schmitt, seconded by Fiorendino, to adopt Resolution No. 2008-PZ03, being a resolution approving a site plan, for a hardware store and garden center located at 3939 Central Avenue. All Ayes. MOTION PASSED. RESOLUTION NO. 2008-PZ03 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR A HARDWARE STORE AND GARDEN CENTER AT 3939 CENTRAL AVENUE WITI-IIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0302) has been submitted by Tom Frattallone to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3939 Central Avenue LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a hardware store and garden center at 3939 Central A venue. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 5, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan 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 fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: I. The site plan conforms to all applicable requirements of this article, except signage. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. 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 of the permit. PLANNING & ZONING COMMISSION MINUTES PAGE 15 MARCH 5, 2008 Passed this 5'" day of March 2008, Offered by: Seconded by: RollCall: Ayes: Nays: CHAIR Marlaine Szurek AI/est: SECRETARY, Shelley Hanson ---------- ------------------------------------------------------------ ----------------- ---------------------------- ------------ ----------- Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. Tom Frattallone Date Motion by Schmitt, seconded by Thompson, that the Planning Commission recommends the City Council approve the Conditional Use Perm it for an outdoor sales/display area for the Frattallone's Ace Hardware Store located at 3939 Central 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 of the Zoning and Development Ordinance, including: 1. The outdoor sales/dis1Jlay use shall be accessOlY to a commercial use. 2. All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. 3. Outdoor sales/display areas within the public right-of-way are prohibited. 4. All goods shall be displayed in a designated area that is hard surfaced. 5. All goods shall be dis1Jlayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible fi'om acijacent residential properties. All Ayes. MOTION PASSED. The following Resolution will go to the City Council March 10, 2008. DRAFT RESOLUTION NO. 2008-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR TOM FRATTALONE WITffiN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0302) has becn submitted by Tom Frattallone to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3939 Central Avenue. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.110 (F)(3)(d), to allow outdoor sales/display. PLANNING & ZONING COMMISSION MINUTES PAGE 16 MARCH 5, 2008 WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on March 5, 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, traffic, property values, light, ail', 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 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 int1uences 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 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. 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 pennit 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. The outdoor sales/display use shall be accessory to a commercial use. 2. All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. 3. Outdoor sales/display areas within the public right-of-way are prohibited. 4. All goods shall be displayed in a designated area that is hard surfaced. 5. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 6. Music or amplified sounds shall not be audible from adjacent residential properties. CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-0303 Aren Dela 3807-3809 Pierce Street Lot Split, Conditional Use Pet'mit for Twin Home INTRODUCTION At this time, there are two land use requests for the property located at 3807-3809 Pierce Street. They are: I. A lot split per Code Section 9.104 (J). 2. A Conditional Use Permit for the establishment of a Twin Home in the R-2B, One and Two Family Residential District per Code Section 9.109 (F)(3)(b). PLANNING & ZONING COMMISSION MINUTES PAGE 17 MARCI-I 5, 2008 The applicant, Aren Dela, is proposing to split the property located at 3807-3809 Pierce 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 3807-3809 Pierce Street is a duplex. The applicant currently resides at the premises and would like to convert the rental property into for-sale units. COMPREHENSIVE PLAN The Comprehensive Plan guides this area towards Low Density Residential. By converting the current use as a duplex to a twin home use, the applicant will conform to the Land Use designation of the area. ZONING ORDINANCE The property is zoned R-2B, One and Two Family Residential. The purpose of the R-2A and R-2B, Two- Family Residential District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. The minimum requirements for lot area, lot width and setbacks in the R2-B District for a twin home use are as follows: Lot Area: 5, I 00 square feet Lot Width: 60 feet Front Yard Setback: Average requirement Side Yard Setback: 0 feet Rear Yard Setback: 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 property at 3807-3809 Pierce Street meets the minimum requirements. The Zoning Code has specific requirements for zero lot line setbacks when taking twin homes into consideration. They are as follows: (I) 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 re.\ponsible for recording a party wall agreement as well as a driveway easement agreement be{);leen the {);Io 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 5 feet from the northern side lot line, 5 feet pom the southern side lot line, and approximately 39 feet from the rear property line, meeting the minimum setback requirements. PLANNING & ZONING COMMISSION MINUTES PAGE 18 MARCH 5, 2008 (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 structure is placed in the center of the property, with an equal setback of 5 feet to each of the side lot lines. The proposed lot line will equally bisect the property into two 30-/00t wide parcels. This meets the zero-lot line requirement regarding the minimum lot areas. The park dedication fee for the new lot will be $3,900.00, and is to be paid upon final approval of the lot split. FINDINGS OF FACT (Minor Subdivision) Section 9.1 04 (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 ofland 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 minimum lot area and lot width requirements have been met with the proposed lot split. (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 Pierce Street and will not require a dedication of the public right-ofway 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 ofland. 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. (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. PLANNING & ZONING COMMISSION MINUTES PAGE 19 MARCH 5, 2008 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 arc 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 nse as determined by the Zoning Administrator. A twin home use is .\l'ecifically mentioned as a Conditional Use in the R-2B, One and Two Family Residential District. (b) The use is in harmony with the gcneral purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area towards Low Density Residential. By converting the property ji'om a two-jamily use to two one-jamily uses, the use of the property will be more 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 fi'om a rental dwelling to owner-occupied. This should not impose hazards or disturbing injluences within a residential area. (d) The use will not substantially diminish thc use of property in the immediate vicinity. The use of the property in the immediate vicinity would not be diminished with this proposal. The building is an existing structure on the property. (c) The use will be designed, constructed, opcrated and maintained in a manner that is compatible with the appearance of the existing 01' intended character of the surrounding area. 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. (t) The use and property upon which the use is located are adequately served by essential public facilities and services. The property located at 3807-3809 Pierce 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. TrqfJic congestion will not be a problem with a twin home 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 complies with all other applicable regulations for the district in which the property is located. Staff recommends approval ofthe minor lot split and the Conditional Use Permit for a twin home use subject to the conditions noted in the suggested motions. PLANNING & ZONING COMMISSION MINUTES PAGE 20 MARCH 5, 2008 Ouestions bv members: Szurek stated she had been advised that the applicant is requesting the Park Dedication fee be waived, as it is a financial hardship for him to pay it. Sargent explained that only the City Council may make adjustments to the fee at the recommendation of the Planning & Zoning Commission. The recommendation must be based on a hardship (cannot be financial), topography, or that the applicant has dedicated another area in lieu of the amount. Mr. Dela who lives at 1335 Buchanan PI stated he bought the property in October and that his mother in law lives in half. He wants to sell the other half as he doesn't have time to tind renters and has no desire to be a landlord. He stated that ifhe has to pay the fee, he would have to withdraw the request. He questioned how the park dedication fee is arrived at. Sargent explained that it is based on 10% of the land value established by the Anoka County Assessor. In this case, he took the value of the land and divided it in half and took 10% of that figure. Park dedication fees apply to every type of subdivision, and are meant to provide and maintain recreational facilities. Gary Peterson questioned how the maintenance of the divided property would be handled especially regarding siding, rooting, windows, and other exterior improvements such as fences or lawn care. Sargent stated that these issues are usually addressed in an owner's agreement that would also cover any easements, such as use of the common driveway. The agreement should be written by an attorney, and any owners involved would need to sign and agree to the terms as detailed. Schmitt had concerns regarding allowing the split that would create two homes with single car garages. She said she thought the intent of the city code was that each new residence created must provide for two enclosed stalls for each property. Sargent said he was advised ditferently. He was told to interpret it that each building would need to have at least two enclosed parking spaces which this one does. Gary Peterson pointed out that it isn't possible to add additional garage space now to this property due to the location and topography of the site. He said the ordinance was directed at the construction of new residences, not necessarily the older existing ones with the type of limitations this property has. Schmitt also questioned the minimum 5100 sf requirement for the R2B district. Sargent explained the square footage amount for the R2B district was arrived at to accommodate existing double bungalows to avoid creating "non-conforming" properties. The square footage of this parcel does meet the minimum requirement. Thompson thought the application lacked drainage information that could potentially result in damages from one unit to the other. Szurek stated that drainage information is only requested at the time of new construction and that any potential problems regarding this issue should be part of the owner's agreement. The park dedication fees were discussed again. Gary Peterson didn't think the City Council would make an adjustment for one property, and he could not see any hardship in the request. Any changes would have to be to the policy itself. Fiorendino didn't feel the commission should make any particular recommendation. He thought a recorrunendation to investigate or consider the request, if documentation could be provided to help the City Council make a determination on the fees, would be more appropriate. The members thought the City Council should be the ones to decide if any adjustment could be made to the park dedication fee and were not in agreement regarding the request to waive the fee. PLANNING & ZONING COMMISSION MINUTES PAGE 21 MARCI-I 5, 2008 Public Hearing Opened: No one was present to comment on this matter. Public Hearing Closed. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends that the City Council approve the minor subdivision of the property located at 3807-3809 Pierce 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: ]. All applications materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The Planning Commission requests the City Council look at the possibility of modifYing the Park Dedication fee of $3,900.00, per the request of the applicant. The amount decided on by the City Council is due at the time affinal approval by the City Council. Thompson, Schmitt-Nay Fiorendino, Peterson and Szurek-Aye. MOTION PASSED. The following draft resolution will go to the City Council March 10,2008. RESOLUTION NO. XXXX APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR AREN DELA WHEREAS, a proposal (Case No. 2008-0303) has been submitted by Aren Dela to the City Council requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 3807-3809 Pierce Street EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall TI-lE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on March 5, 2008. 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 proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vaeation 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 pUl'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 or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in the 99.114. PLANNING & ZONING COMMISSION MINUTES PAGE 22 MARCH 5, 2008 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: ]. All applications materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The Planning Commission requests the City Council look at the possibility of modifying the Park Dedicationfee of$3,900.00, per the request of the applicant. The amount decided on by the City Council is due at the time affinal approval by the City Council. Motion by Peterson, seconded by Fiorendino, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a twin home use, subject to certain conditions of approval that have been found to be necessmy to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: }. 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 ji'om both sides. 3. A shared parking/driveway easement shall be drawn up and recorded with Anoka County for the shared use of the driveway. Thompson, Schmitt-Nay Fiorendino, Peterson, Szurek-Aye MOTiON PASSED. The following Resolution will go to the City Council March 10,2008, RESOLUTION NO. XXXX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR AREN DELA WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0303) has been submitted by Arcn Dela to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3807-3809 Pierce 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) for a twin home. WHEREAS, the Planning Commission has held a public hem'ing as required by the city Zoning Code on March 5, 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 conce1'11S related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and PLANNING & ZONING COMMISSSION MINUTES PAGE 23 MARCH 5, 2008 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 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 of the existing 01' 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. 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 pennit and approval; and in granting this permit the city and the applicant agree that this permit shall become null and void if the project has not been completed within one (1) calendar veal' after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. All 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. NEW BUSINESS None OTHER BUSINESS None The meeting was adjourned at 8:45 p.m. Respectfully submitted, g~ c~~,~ Shelley HansoC--