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Home My WebLink AboutNovember 5, 2008 CITY OF COLUMBIA HEIGHTS MEMBERS: Marlainc Szurek, Chair Donna Schmitt Rob Fiorcndino Mike Peterson David Thompson 590 40'h Avenue N.E" Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: wlVw.ci.columbia-heighls.mn.lls PLANNING AND ZONING COMMISSION MEETING 7:00 PM,~~I.NOVEMBER 5,,2008 CITY HALL COUNCIL CHAMBERS 590 401'11 AVENUE NE 1. Roll Call 2, Minutes from the Planning and Zoning Commission Meeting of October 7, 2008 3, Public Hearings: Case #2008-11 01 Lot Split 950 40'h Avenue City of Columbia Heights 4. New Business 5, Other Business 6. Adjourn The Responsibility of the Planning Commission is to: . Faithfhlly serve the public iuterest. . Represent existing and future residents, and base our decisions and recommendations on the Comprehensive Plan and Zoning Ordinance. . Recognize the rights of citizens to participate in planning decisions. . Protect the natural environment and the heritage of the built environment. . Exercise fair, honest, and independent judgment. . Abstain from palticipation when they may directly or indirectly benefit from a planning decision. THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING OCTOBER 7, 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 Schmit, seconded by Peterson, to approve the minutes from the meeting of September 3, 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: APPLICANT: LOCATION: REQUEST: 2008-1001 Church of All Nations 4301 Benjamin Street Parking Setback Variance INTRODUCTION In the summer of2008, the Church of All Nations upgraded the parking lot for the church located at 4301 Benjamin Street, by replacing the crumbling asphalt with a concrete surface. As part of the overall plan for the project, the Church of All Nations decided to reconfigure the parking lot by incorporating angled parking in an effOlt to create much needed parking for parishioners. During the construction of the new parking lot, the church also decided to remove a landscaped area adjacent to Benjamin Street and replace it with more parking stalls, again in an effort to obtain more on-site parking. What the church did not realize is that removing the landscaped area and replacing it with parking, was a violation ofthe City's Zoning Code. The need for additional on-site parking for the church is apparent, as the church has grown dramatically in membership over the last several years, with membership and worship attendance of nearly 250 people. At this time, the Church of All Nations is requesting a 21.5-foot front yard setback variance for parking per Code Section 9.109 (C). COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Institutional, which supports religious institutions. A variance to allow more parking on this site would be consistent with the intent of the Comprehensive Plan guiding of the area. ZONING ORDINANCE The property located at 4301 Benjanlin Street is zoned R-1, Single Family Residential and is also located within the Shoreland Overlay District of Silver Lake. All the propelties in the inU11ediate vicinity are also zoned R-l, with the exception of Silver Lake Beach located to the southeast. Planning & Zoning Commission Minutes Page 3 October 7, 2008 FINDINGS OF FACT (Variance) Section 9.104 (0) of the Zoning Ordinance outlines five findings of fact that must be met in order for tlle City to grant a variance. They are as follows: a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The hardship in this case is based on a large parking setback requirement for a church located in a residentially zoned area, coupled with the growing need for additional on-site parking. Churches are allowed in all zoning districts with a Conditional Use Permit. The underlying parking setback requirements for residential properties are proper for residential uses, but are restrictive for a church use that needs ample amount of on-site parking. b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The parcel in question is in a residentially zoned area with a church use. The Church of All Nations is experiencing rapid membership growth, which requires more on-site parking. The majority of other parcels in the R-l District do not have the same use of land to contend with. c) The difficulty or hardship is caused by the provisions of this mticle and has not been created by any person currently having a legal interest in the property. The hardship is caused by provisions of the ordinance, which require a larger parking setback than what would be found in other zoning districts for a church use. d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The granting of the variance would support the use of the property as a church and the guidance of the property as an institutional use. e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the variance would create more on-site parking for the church. This would be beneficial to the surrounding area, as fewer vehicles would be parked on the street, causing less congestion. The requested setback variance will also refiect an existing established setback for parking on the property, so the degree of nonconformity will not be increasing. Planning & Zoning Commission Members Page 5 October 7, 2008 Public I-Iearing Opened: Lloyd Thelen from Dayton, is a new member of the church. He said the membership thought they were making a huge improvement to their property and expended all their funds into the project. Since they were informed of possible violations, they have stopped all work until the situation is resolved. They will do whatever is necessary to comply with the direction they are given. Jim Neeb lives across the street from the church. He acknowledged the new parking lot looks much nicer than the old one did, however, he would like to see some green space to somewhat buffer the parking lot area. Joo Kim 4209 Washington St also is a member of the church. He explained they did convert some space that once was parking lot to green space that isn't depicted on the pictures used. He said the additional green space is located behind the silt fence, and although it hasn't been planted yet, it will be. He also shared an idea they had for a raised bed of plantings. Szurek told him that it would be up to Kevin Hansen to approve any idea they come up with, but that any run off camlot be directed to the catch basin. That is what they are trying to prevent. Kim said that most of the drainage goes to the back of the property adjacent to the City Parkland where it was sodded prior to the work the city is doing on it at present. He said that Rice Creek Watershed has been very helpful and that they are satisfied with the project on their end. Szurek assured him the park property will be restored to a sodded area once the project is complete. Dana I-Iaroway of 1302 45 Yz Ave is a member who said they chose concrete because another member was able to do the work with volunteer help from the membership. She stated they were not trying to break any rules and were making their best attempt at improving the site. She said their goal was to provide more parking in the lot and to limit the amount of parking on the neighborhood streets. Gary Peterson reported he spoke with Pastor Jin and that he had visited the site and discussed the possible planter idea with him. Since Kevin Hansen denied that option, he is confident that members will come up with an alternative that is acceptable. Public Hearing Closed. Motion by Schmitt, seconded by Peterson, that the Planning Commission recommends the City Council approve the variance to code section 9.109 (C), for a 21.5-foot front yard parking setback variance for the Church of All Nations located at 4301 Benjamin Street, 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 Church of All Nations shall submit a plan to restore the right-of-way and area between the propelty line and the approved parking setback with landscaping by June 1, 2009. The City Engineer shall approve said plans. 2. The Church of All Nations shall supply the City with a letter from the Rice Creek Watershed District approving the parking lot resurfacing project. All ayes. MOTION PASSES. The following Resolution will go to the City Council October 13,2008. Planning & Zoning Commission Minutes Page7 October 7, 2008 OTHER BUSINESS Thomspon stated he had obtained a temporary sign permit for a Charity event being hosted for the Fire Explorers. He had asked that the fee be waived, but was told it couldn't be. Sargent responded that staff has been discussing this issue and has decided the fee will be refunded to Mr. Thompson. Sargent told members that a Resolution would be going to the City Council October 27, 2008 to request an extension for the submittal of the Comprehensive Plan Update. I-Ie said that due to staff changes and the changes taking place in the economy and housing market during the last year, the focus has shifted on what issues the city will need to concentrate on. The biggest issue is the increase in rental properties due to the large number of foreclosures that have taken place in our city. Gary Peterson told members that the City Council and staff have implemented several new policies to help with this situation. He told them about the new, more stringent inspection that new rental properties must go through prior to getting a license to rent. Also being considered is a "vacant property" policy that will require an inspection to ensure the house is habitable prior to anyone being able to re-sell something that is unsafe for occupancy. He believes this pro-active approach will help maintain the housing stock especially in regards to the rapidly increasing number of rental propeliies in our city. The meeting was adjourned at 8:05 p.m. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2008-1101 DATE: November 5, 2008 TO: Columbia Heights Planning Commission APPLICANT: LOCATION: City of Columbia Heights 950 - 40th Avenue NE REQUEST: Lot Split PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the City of Columbia Heights is requesting a minor subdivision (lot split) for the property located at 950 - 40th Avenue NE per Code Section 9.104 (J). Currently, the City owns the property, which consists of a parking ramp and plaza area. The City would like to split the land containing the plaza area off from the parking ramp at this time, creating two separate lots. The plaza area is a "self-defined parcel" described in an existing 1982 development agreement between the City of Columbia Heights and the office building to the west. The proposal is to utilize the plaza area in an exchange program with the current owners of the office building. The plaza area would be acquired from the city in exchange for exterior investments into the office building, which would help complete an overall renovation of the offices. It should be noted that the Planning Commission's role should be focused on the technical portion of the request, and all details relating to the exchange program will be dealt with separately. COMPREHENSIVE PLAN The Comprehensive Plan guides this area as Commercial. A lot split which effectively transfers the ownership of a parcel of land from one entity to another is consistent with the Comprehensive Plan. City of Columbia Heights Planning Commission City of Coiumbia Heights - Lot Split November 5, 2008 Case # 2008-1101 ZONING ORDINANCE The property is zoned CBD, Central Business District. The use of the property is controlled by an agreement between the City of Columbia Heights and the current owners of the office building, and is permitted in the CBD District. PARK DEDICATION. The park dedication fee for this property is $1,500. This amount is 10% of the estimated value of the land in question. The park dedication fee shall be paid at the time of the recording of the subdivision with Anoka County. FINDINGS OF FACT (Minor Subdivision) Section 9.104 (J) of the Zoning Ordinance outlines eight conditions that must be met in order for the City to grant a minor subdivision. They are as follows: (a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in the creation of two parcels. (b) The proposed subdivision of land does not involve the vacation of existing easements. No existing easements will be vacated as a result of the proposed minor subdivision. (c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. There is no minimum lot area requirement for the CBD District. The minimum lot width in the CBD is 20 feet. The proposed new lot will meet these minimum requirements. (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 40th Avenue and will not require a dedication of the public right-of-way for access purposes. (e) The property has not previously been divided through the minor subdivision provisions of this article. This property has not been previously subdivided through the minor subdivision process. (f) The proposed subdivision does not hinder the conveyance of land. Page 2 . City of Columbia Heights Planning Commission City of Columbia Heights - Lot Split November 5, 2008 Case # 2008-1101 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. RECOMMENDED MOTIONS Motion: The Planning Commission recommends that the City Council approve the minor subdivision of the property located at 950 - 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 of the Zoning and Development Ordinance, including: 1. All applications materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of $1,500, due at the time of the recording of the minor subdivision with Anoka County. ATTACHMENTS . Draft Resolution . Location Map . Survey Page 3 DRAFT RESOLUTION NO. 2008-XX RESOLUTION APPROVING A MINOR SUBDIVISION WITH CERTAIN CONDITIONS FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, a proposal (Case No. 2008-110 I) has been submitted by the City of Columbia Heights requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 950 - 40th Avenue NE EXISTING LEGAL DESCRIPTION: On File at City Hall PROPOSED LEGAL DESCRIPTION: On File at City Hall THE APPLICANT SEEKS APPROVAL OF A MINOR SUBDIVISION. WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect ofthe proposed subdivision upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; and has held the required public hearing on this proposal on November 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 ofthe Planning Commission: 1. The proposed subdivision of land will not result in more than tlu'ee lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights-of-way for the purpose of gaining access to the property. 5. The propeliy has not previously been divided through the minor subdivision provisions of this atiicle. 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. Resolution No. 2008-XX Page 2 FURTHER, BE IT RESOLVED, that the attached condition, plans, maps, and other information shall become part of this subdivision approval. CONDITIONS: 1. All applications materials, maps, drawings and descriptive information submitted with tins application shall become part of the permit. 2. The applicant shall pay a park dedication fee in the amount of$1 ,500, due at the time of the recording of the minor subdivision with Anoka County. Passed this _ day of November 2008 Offered by: Seconded by: Roll Call: Ayes: Nays: Mayor Gary L. 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