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HomeMy WebLinkAboutJuly 7, 2009(~ITY OF ~OLUMBIA NEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763} 706-3600 TDD (763} 706-3692 Visit Our Website at: www.ci.columbia-heights.mn.us i4~MB~RS: Marlaine Szurek, Chair Donna 5ctm~itt RoU Fiorendino Mike Peterson David Thompson PLANNING AND ZONING COMMISSI4N MEETING 7:00 PM 'I'UESDAY, JULY 7, 2009 CITY HALL COUNCIL CHAMBERS S90 - 40T'' AV~NUE NE 1. Roll Call Minutes (June 2, 2009 meeting). 2. Public Hearings: Case #2009-0701 1-foot Height Variance for a Fence 3969 Reservoir Boulevard Thu Le 3. New Business 4. Other Susiness 5. Adjourn The Responsibility of the Ylanning Commission is to: • Faithfully serve tt~e public interest. • Represent existing ai~d future reside~lts, and base our decisio~ls aild recommendatio~ls on the Comprehensive Plan and Zoning Ordinance. • Recognize tl~e rights of citizens to participa~te in planning decisions. • Protect the »ait~ral environment and tl~e heritage of tl~e built environment. • Exercise fair, honest, and independent judgment. • Abstain fi•on1 participation wtien 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 PROVISIOM1J OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONINU COMIVIISSION MINUTES OF THE REGULAR MEETING JiJNE 2, 2009 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Fiorendino, SchTnitt, Szurek and Peterson Also present were Jeff Sargent (City Planner) and Shelley Hansan (Secretary}. Motion by Thompson, seconded by Fiorendino, to app~~ove the minutes from the meeting of May S, 2009. All ayes. MOTIONPASSED. Szurek also gave an update on the Informal meeting of May 27, 2009 that was held with members of the EDA. There wasn't a quorum of P& Z members, so it didn't consZitute a formal meeting. PUBLIC HEARINGS C~1SE NUMBER: 2009-0601 APPLICANT: Renaissance Fireworks LOCATION: 4005 Central Avenue REQUEST: Interim Use Permit for Seasonal Sales INTRODUCTION Renaissance Firewarks, Inc. has applied for an Interim Use Permit to allow the operation of a fireworks tent at 4005 Central Avenue. The City of Columbia Heights has recently amended the ordinance regarding outdoor seasonal sales in all zoning districts, and now requires an Interim Use Permit. The specific development standards for an outdoor sales/display establishment are found at Section 9.107 (C)(20), and will be added as conditions of approval for this permit. This will be the Renaissance's 5`h year operating a fireworks tent at this location in Columbia Heights. The attached site plan illustrates the configuration and orientation of the fireworks tent to Central Avenue. The Fire Chief has inspected the plans and will conduct a site inspection of the tent prior to the business opening for operation. 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 locaied at 4005 Central Avenue is CBD, Central Business District. Fireworks tents are allowed as Interim Uses i11 this zoning district. Existing parking exceeds zoning requirements. Section 9.106 (L)(10) of the Zoning Ordinance requires that col~nmercial uses provide 1 parking space for each 300 square feet of use. Therefore, the existing 87,500- square foot commercial building is required to have 263 parking spaces. After using the 13 parking spaces for the tent, thc site will still have 282 parlcing 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. PLANNING & ZONING COMMISSION MINUTES PAGE 2 JUNE 2, 2009 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. Sargent reviewed the findings with the Commission 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 substantiaily similar use, as determined by the Zoning Administrator. Fire~~oi~ks tents ar~e an Interim Use in the CBD, Centr°al Busi~~ess District, and are coi~sidered retail sales, which are permitted. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates the property for comme~^cial itse, including retail sales, offices and service businesses. The proposal is consistent with the intent of t~he City's Comp~ehensive Plan. The use will not impose hazards or disturbing influences on neighboring properties. Therefore, the proposed temporary use should not have any detrimental impact on neighboring properties because of its p~oximity to Centr~al Avenue and it is shielded from an adjacent ~esidential use. 4. The use will not substantially diminish the use of property in the immediate vicinity. The fireworks tent as proposed will have no impact on the use of adjacent properties. 5. The use wi11 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 fiNe depa~tment will conduct an on-site survey prior to the business opening. All state requirements regardzng fireworks sales will be complied with before the fire department will allow the operation of the business. 6. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The traffic generated by the fireworks tent wzll not significa~ztly increase the tra~c on the public stNeets, and the site is large enough to handle c~dditional interior traffic. 7. The use will not cause a negative cumulative effect on other uses in the immediate vicinity. As indicated by prior descr^iptzons, ~he ~rewo~^ks t~ent should not have a negative impact on ot~her uses in the imnaediate vicinity, which are all zoned commercial. Staff recominends that the Planning Commission approve the Interim Use Pennit for a fireworks tent subject to conditions of approval outlined below. Questions from members: Sclunitt questioned the 90 day timeframe allowed for this type of permit. She wondered if they could come back at a later time for another inerement of time since they aren't using their entire 90 days for this request. Sargent said technically they would be allowed to make another request, but that each request would need to be approved. In the past, this business has only operated in the weeks prior to the 4th of July, and they leave the site shortly after that date. Sargent also pointed out that they would PLANNING & ZONING COMMISSION MINUTES PACiE 3 JLTNE 2, 2009 be limited to two signs, with a combined maximum square footage of 32 square feet. Staff wili make sure they know this, and wiil enforce that condition of the permit. Fiorendino asked if the plans were the same as in previous years and if the Police or Fire has ever had any issues with this operation. Sargent responded that it is a similar set up to previous years and that he is unaware of any issues that Fire or Police have had. He reminded members that the Fire Dept. has reviewed the plans submitted and will also be doing a site inspection prior to them opening for business. Thompson asked if there was a deposit required for this Interim Use Permit similar to one Linder's paid as it is not included in the list of conditions. Sargent said that it has not been a condition for this business in the past, but agrees it is a similar situation to that of Linder's and it can be added as a condition if the Commission sees fit. He believes it wasn't included as a requirement because of the timeframe and size of the operation. The Fireworks tent will only be there for approximately 30 days. Public Hearing O~ened: No one was present to speak on this issue. Public Hearing Closed. Motion by Peterson, seconded by Schmitt, that the Planning Commission approves the Interim Use Permit for a~reworks tent at ~005 Cent7^al Avenue NE for a perzod noZ to exceed 90 days fron~ date of approval, subject to ce~°tain condit~ions of approval that have been found to be necessary to pr~otect the public irrteres=t and ertsure compliance with the provzsions of the Zoning and Development Of•dinance, including.• L The fireworks tent, display areu, access aisles, and surt°ounding area shall be reviewed by the Commun~ity Development Department and the Fire Department. 2. Tlze sale of firewof°ks shall meet all requirements of Chapter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tents located within the public right-of-way af-e prohibited. =~. All goods shall be displayed on a designated zinpervious surface area. S. All goods shall be displayed in an ordeNly fashion, with access aisles provided as needed 6. 1Llusic or amplified sounds shall not be audible fro»z adjacent residential pro~erties. 7. The fireworks tent shall not reduce the amount of off-str~eet parking ~rovided one-szte below the level required for the principal use. 8. Signage shall be limited to two (2) pro_fessionally rnade szgns, with a corr~bined square footage not exceeding thirty-two (32) squaYe feet. 9. Fireworks tents n~ay be allowed for a maximuJn of ninety (90) dcrys per calendar year. All ayes. MOTION PASSED. PLANNING & ZONING COMMISSION MiNUTES PAGE 4 JL1NE 2, 2009 RESOLUTION NO. 2009-PZ07 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPR4VING AN INTERIM USE PERMIT FOR RENAISSANCE FIREWORKS, INC WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2009-0601) has been submitted by Renaissance Fireworks to tl~e Plamling and Zoning Commission requesting an Interim Use Permit approval from the City of Columbia Heights at the following site: ADDRESS: 4005 Central Avenue LEGAL DESCRII'TION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Interim Use Permit for a fireworks tent and sale for a period of no more than 90 days, per Code Section 9.110 (F){4}(a). WHEREAS, the Plailning Commission has held a public hearing as required by the city Zoning Code on June 2, 2009; WHEREAS, the Planning and Zol~ing Commission has considered the advice and recommendations of the City staff regarding tl~e 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, ligl~t, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the P1a~uling and Zoning Cominission of the City of Columbia Heights after reviewing the proposal, that the Plamling and Zoning Coinmission aecepts and adopts the following findings: 1. The use is one of the interinz uses listed for the zoning distric2 i~z which the property is located, or is a substantially similar use, as determined by the ZoningAdn2inistrator. 2. The use is in har~nony with the ge~~e~°al purpose and irzterat of the Comprehensive Plan. 3. The use will not impose hcr~ards or disturbing influences o~z neighboring properties. 4. The use will »ot substantially diminish the use of property in the irnmediate vicinity, S. Tlae use wilZ be desigrzed, construcZed, operc~ted artd mai~ztained in a manner that is con2patible tivith the appea~ance of the existing o~ ititended cha~acter of the surroundi~~g area. 6. Adequate measures have bee~z or wzll be taken to minimi~e t~^a~c congestion on the pubic st~eets and to provide for approprzate on-site circulation of traffic. 7. The use will not cause a negative cumulative effect, whe~ considered in conjunction wizh the cumulative effect of other uses in the imrraediate vici~~ity. FURTHER, BE IT RESOLVED, that the attached conditions, inaps, and other information shall become part of this permit and approval; and in grantiug t11is permit the city and the applicant agree that this pennit shall becorne null and void if the project l~as not beel~ completed witl~in one (1) caler~dar veal° after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. The fireworks tent, display area, access aisles, and surrounding area shall be reviewed by the Commuuity Development Deparhnent and the Fire Department. 2. The sale of fireworks shall meet all requirements of Cl~apter 24 of the Fire Code and NFPA Chapter 1124. 3. Fireworks tei~ts located within the public right-of-way are prohibited. 4. All goods shall be displayed on a designated impervious surface area. 5. All goods shall be dis~layed in an orderly fasl~ion, with access aisles provided as needed. 6. Music or a~mplified sounds shall not be audible from adjaceilt residential properties. PLANNING & ZONING COMMISSION MINUTES PAGE 5 JUNE 2, 2009 7. The fireworks tent shall not reduce the amaunt of off-street parking provided oi~e-site below the levei required for the principal use. 8. Signage shall be liinited to two (2) professionally made signs, witll a combined square footage not exceeding tl~irty-two (32) square feet. 9. Fireworks tents may be allowed for a maximum of ninety (90) days per calendar year. Passed this 2"d day of June 2009, Offered by: Peterson Seconded by: Schmitt Ro11 Call: All ayes CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Approval is conti~lgent upoi~ execution and return of this document to the City Planning Offce. I have read and agree to the conditions of this resalution as outlined above. Mark Lazarchic Date CASE NUMBER: 2009-0602 APPLICANT: Frattallone's Ace Hardware LOCATION: 4340 Central Avenue REQUEST: Conditional Use Permit Outdoor Sales and Display INTRODUCTION At this time, Michael Frattallone cUb/a Frattallone's Ace Hardware is requesting a Conditional Use Permit (CUP) to allow for outdoor sales and display in the parking lot in front of the business located at 4340 Central Avenue. Sargent explained that Ace Hardware has been in its current location for less than one year, and was not aware that a CUP was required in order to display the merchandise outdoors. It should be noted that this Conditional Use Permit will not expire and will hold merit for the business's subsequent years of operation. The applicant would not need to reapply for future CUPs for the same use at the same location unless he is seeking to amend an approved CUP. PLANNING & ZONiNG COMMISSION MINUTES PAGE 6 JUNE 2, 2009 COMPREHENSIVE PLAN The Comprehensive Plan designates the praperty as commercial use. The proposal is consistent with the intent of the City's Comprehensive Pian to promote businesses and enhance the city's economic vitality through redevelopment efforts. ZONING ORDINANCE The property located at 4340 Central Avenue NE is zoned GB, General Business, as are the properties to the east. The properties to the north and south are zoned LB, Limited Business and the properties to the west are zoned R-2A, One and Two Family Residential. The Zoiung Code at Section 9110 (F)(3)(d) allaws for outdoor sales as a Conditional Use in the GB District. The Specific Development Standards at Section 9.107 (29) state the criteria in which the outdoor sales and display shall be used. These standards state the following: a} The outdoor sales/display use shall be accessory to a commercial use. The outdooi° sales will be accessory to the hardware store use, which is permitted in the GB, General Buszness District. b) All outdoor sales/display areas sha11 meet the setback requirements for a principal structure in the zoning district in which it is located. The setback requirements in the GB, General 13usiness District are as follows: Front Yard: 1 S, feet Side Ya~~d: none Rear Yard: ~ 20 feet The proposed display area will be placed in fr°ont of the stoNe and will occupy nine (9) parking st~alls. The display location will meet all mznimum setback requirements. c) Outdoor sales/display areas within the public right-of-way are prohibited. The applicant will confine all outdoo~ sales/displays to the parking lot located in fr°ont o.f th~e business and away from any public rights-of-N~uy. d} A landscape buffer with a minimum depth of ten feet shall be installed and maintained along all abuttin~ public rights-of-way. A landscape buffer along the abutting t°ights-of-way is currently in place and will suffice to meet this requi~ement. e) A11 goods shall be displayed in a designated area that is hard surfaced. The proposed display area will be on a ha~d surfaced parking lot and will be confined to two rows of palates, occupying nine (9) parkif~g stalls. f j All goods shall be displayed in an orderly fashion, with access aisles provided as needed. The applicanZ has stated that it is to hzs benefit to display the goods in an orderly fashion. This condition will be added as a c~i~ditiofz of approval for t~he CUP. g) Music or amplified sounds shall not be audible from adjacent resideiitial properties. Currently, there are no plans to utilize any type of outdoor amplification of music or sound. PLANNING & ZONING COMMISSION MINUTES PAGE 7 JLTNE 2, 2009 h) The outdoor sales/display area shall not reduce the amount of off-street parking provided on-site below the level required for the principal use. The site requires 483 on-site parking stalls. After taking the existing Linder's Greenhouse use as well as Zhe proposed outdoo~ display use into conszderation, there will .rtill be ~89 parking stalls available to the public. 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. AppNOp~zate transition areas between the use and the adjacent properties are cur~~ently in place and provic~e for adequate landscaping and screening. PARKING. Section 9.106 (L)(10) of the Zoning Ordinance requires that conzmercial 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 accounting for the 30 parking spaces needed for the Linder's Greenhouse and the nine (9) parking stalls for the outdoor display area for Ace Hardware, there will still be 589 on-site parking stalls available to the public. FINDINGS OF FACT (Conditional Use Permit) Section 9.104 (H) of the Zoning Ordiilance outiines nine findings of fact that must be met in order for the City to grant a conditional use permit. Sargent reviewed the findings with the Commission 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/dispZay is specifically listed as a Conditional Use in the GB, Gene~~al Business Distt•ict 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 designates the property as commercial use, The proposal is consistent with the intent of the City's Comprehenszve Plan to promote businesses. (c) The use will not impose hazards or disturbing influel7ces on neighboring properties. The outdoor sales area only occupies nin~e (9) parking stalls and is loeated as to not disr^upt the flow of tra~c through the parking lot. (d) The use will not substantially diminish the use of property in the immediate vicinity. The required setbacks for outdoor sales a~°ea for the ~roposed CUP would help ensure that the uses of~roperties in the iminediate vicinity would not be diminished in any cczpacity. (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 will be maintained to have a neat and tidy appea~~ai~ce. PLANNING & ZONING COMMISSION MINUTES PAGE 8 JLTNE 2, 2009 (~ The use and property upon which the use is located are adequately served by essential public facilities and services. The property Zocated at 43=~0 Central Avenue NE nzeets this c~zterion. (g) Adequate measures have been or will be taken to minimize traffic congestion vn the public streets and to provide for appropriate on-site circulation of traffic. On-site circulation of traffic will not be disrupted because the display ai~ea is situated on the parking stalZ area of the pa~king lot, not in the drive aisles. (h) The use will not cause a negative cumulative effect, when considered in conjunctian with the cumulative effect of other uses is the immediate vicinity. Being that outdoor sales/display is allowed in the General Business District with a CUP, it is assumed that the~~e would be no negative cu~nulative effect of the proposed use on other uses in the immediate vicinity. (i) The use complies with all other applicable regulations for the distriet in which it is located. The use complies with all other applicable regulations for the GB zonzng disti~ict. Staff recommends approval of the Conditional Use Pennit for outdoor sales(display far 4340 Central Avenue. Questions bv members: Fiorendino asked if the language regarding distance from the property lines meant the entire site or the area directly in front of the business itself. Sargent told him it applies to the property lines of the entire site. Fiorendino also wanted clarification on whether a change of ownership would void the CUP since it is attached to the business and doesn't expire. Sargent said as long as the location of the permitted use and all of the conditions remain the same, the permit would be in effect. However, if any of those items change, than it would require a new CUP to be issued. Peterson questioned if their old site had this type of storage. Sargent stated if they did, it wasn't directly in front of the store in the parking area, and since staff never received any complaints regarding it, there was no reason to police that. Public Hearing Opened: No one ~~as present regarding this issue. Public Hearing Closed. Motion by Sch»~itt, seconded by Fio~~endino, that the Plannzng Comnzission r-ecomrnends the City Council approve the Conditional Use Permit for an outdoor sales/display area for the Frattalone's Ace Hardware Stoa~e located at -~340 Central Avenue, subject to certain conditions of approvaZ that have been found to be necessary to protect the public interest crnd ensure co~nplzance with the provisions of the Zoning and Developinent Ordznance, including: PLANNING & ZONING COMMISSION MINUTES PAGE 9 JLTNE 2, 2009 1. The outdoor sales/dispZay area is limited to the nine (9) parking stalls as denoted on the submitted szte plan. 2. The outdoor sales/display use shall be accessory to a conznzerczal use. 3. All outdoor sales/display areas shall meet the setback r^equirements,fo~ a principal structu~^e in the zoning district in which it is located. 4. Outdoor sales/display areas within the public ~ight-of-way are prohibited. S. All goods shall be displayed in a designated a~°ea that is hard surfaced. 6. All goods shall be displayed in an orderly faslzion, with access aisles provided as needed. 7. Music or amplified sounds shall not be audible firo~n adjacent residential properties. All Ayes. MOTION PASSED. The following Resolution will go to the City Council June 8, 2409 for consideration. DRAFT RESOLUTION NO. 2009-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FRATTALLONE'S ACE HARDWARE WITHIN THE CITY OF COLUMBIA HEIGHTS, :VIINNESOTA WHEREAS, a proposal (Case #2009-0602) has been submitted by Michael Frattallone to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 4340 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. WHEREAS, tl~e Plamling Commission has held a public hearing as required by the city Zoning Code on June 2, 2009; 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 Coinprehensive Plan, as well as any concer~~s related to compatibility of uses, traffic, properiy 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 Coluinbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Comrnission: 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 detennined hy 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 ilot substantially d'uninish the use of property in the unmediate vicinity. 5. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existii~g or iilte~lded 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 ~neasures have been or will be taken to minimize traffic congestion on ttie public streets and to provide for appropriate on-site circulation of traffic. PLANNING & ZONING COMMISSION MINUTES PAGE 10 JLINE 2, 2009 8. The use wi11 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 witll all other applicable regulations far the dish-ict in which it is located. FURTHER, BE IT RESOLVED, that ti~e attached conditions, maps, and other information shall become part of this permit and approvai; and in granting this permit the city and the applicant agree that this permit shall become nu11 and void if the project has not been completed within one (1) calendar vear after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED: 1. Tl~e outdoor sales/display area is limited to the nine (9) parking stalls as denoted on the submitted site plan. 2. The outdoor sales/display use shall be accessory to a commercial use. 3. All outdoor sales/display areas shall meet the setback requirements for a principai structure v1 the zoning district in whieh it is located. 4. Outdoor sales/display areas within the public rigl~t-of-way are prohibited. 5. All goods shall be displayed in a designated area that is hard surfaced. 6. All goods shall be displayed in an orderly fashion, with access aisles provided as needed. 7. Music or amplified sounds sha1111ot he audible from adjacent residential properties. CASE NUMBER: 2009-0603 APPLICANT: City of Columbia Heights LOCATION: University Heights TIF District (C8) REQUEST: Approval of Conformity with the Comprehensive Plan BACKGROUND Sargent explained the City of Columbia Heights is in the process of modifying the language of the University Heights TIF district, which was originally established in 1984. The purpose of the madification to the district is to utilize the unlimited pooling allowance to generate fund balances from the District. These funds will be used as seed money to create a new scattered site TIF District throughout the Ciry of Columbia Heights. It is anticipated that the money generated froin the University Heights TIF District would allow the City to purchase up to 20 houses that are severely blighted and/or functionally obsolete. The plan would be to tear down dilapidated single-family homes and replace them with new single-family homes at a later date. The Public Hearing to approve the expansion of the TIF District is set for June 8, 2009. Prior to this Public Hearing, Minnesota State Statutes and TIF law requires an approved Resolution from the Planning Commission ensuring that the land use resulting from the expansion of the TIF district confonns with the City's Comprehensive Plan. COMPREHENSIVE PLAN It is anticipated that the City wi11 purchase single-family homes in areas throughout the City in which the Comprehensive Plan guides for Residential use. For this reason, the teardown and reconstruction of new single-family homes would be consistent with the City's Comprehensive Plan. PLANNING & ZONING COMMISSION MINUTES PAGE 11 JLTNE 2, 2009 Questions from members: Fiorei~dino asked exactly what role the commission plays in this process. Sargent stated the Commission's role is to determine whether the establishment of the scattered site district is consistent with the City's Comprehensive Plan. Sargent explained that he is not an expert on the TIF Districts or the legal issues of the funding associated with them. Any Ineinber wanting more detailed information will need to attend the Public Hearing on June 8, 2009 in the Cauncil Chambers. Fiorendino said it is hard to approve a new district w11en he didn't know which properties would be included. Sargent explained that hasn't been determined at this time. The scattered site district will encompass the whole city and allow the City to purchase approxirnately 20 blighted hames to be demolished and eventually replaced with new ones. They will be purchased over a long period of time, one at a time, throughaut the City. Schlnitt said at the last meeting the Commission had approved extending the K-Mart District to include the Sheffield area in hopes of purchasing some of the properties in that area as well. She wanted to know ho~= many haines would be purchased in that district. Sargent explained that number hasn't been determined. Funds from the K-Mart District will be used for this purpose, but the exact nulnber of properties involved will be determined by purchase price of the properties. Schmitt stated she is in favor of the City purchasing blighted properties and replacing with new homes, but she is concerned that too much concentration would be placed in the Sheffield area if the scattered site money were used primarily in this area too. She sees a need for it to be spread out throughout the city. Is it possible to use "citywide minus the Sheffield area" as the language in this Resolution as the Sheffield area is already part of the other District. Sargent responded that the intent is to purchase properties throughout the city and that all purchases will be scrutinized by the EDA to ensure it is following the requirements for each TIF District. Fiorendino said the terminology in the Resolution is confusing as it refers to the downtown Central Business District. He doesn't think the scattered site district should include the Business Districts. Sargent explained the Resolution was written by an attorney, and that the downtown Central Business District actually is inclusive of the entire city, and that the language regarding the boundaries shouldn't be altered. He reminded members to attend the Pubiic Hearing on June 8`~' if they want further explanation. Fiorendino said he supports the concept of blighted properties being bought and replaced with homes constructed by developers. Publie Hearing Opened: No one was present regarding this issue. Public Hearing Closed. PLANNING & ZONING COMMISSI(3N MINUTES PAGE 12 1UNE 2, 2409 Motion by Peterson, seconded by Thon~pson, that the Planning Commzssion approves Resolution 2009-PZ08, findzng th~at a~~odificat~ion to the Downtown Central Business District (CBD~ Revitalization Plan fo~ the CBD Redevelopment P~oject and a modification to the Tax Incf°emen~t Financing plan for the University Avenue Redevelopnzent (C8) Tax Increment Financzng District conform to the geneYal plans for the development and redevelopment of the City. All ayes. MOTION PASSED. PLANNING COMMISSION CITY OF COLUMBIA HEIGHTS ANOKA COUNTY, MTNNESOTA RESOLUTION NO. 2009-PZ08 RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE DOWNTOWN CENTRAL BUSINESS DISTRICT (CBD) REVITALIZATION PLAN FOR THE CBD REDEVELOPMENT PROJECT AND A MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR THE UNIVERSITY AVENUE REDEVELOPMENT (C8) TAX INCREMENT FINANCING DISTRICT CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. WHEREAS, the City Council for the City of Colwnbia Heigllts, Minnesota, (the "City") has proposed to adopt a Modification to the Downtown CBD Revitalization Plan for the CBD Redevelopment Project (the "Revitalization Plan Modification") and a Modification to the Tax Increment Financing Plan for the University Avenue Redevelopment (C8} Tax Increinent Financing District (the "TIF Plan Modification") therefore (the Revitalization Plan Modification and the TIF P1an Modification are referred to collectively herein as the "Modifications") and has submitted the Modifications to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and WHEREAS, the Commission has reviewed the Modificarions to determine tlleir confonnity with the general plans for the developinent and redevelopment of the City as described in t11e comprehensive plan for the City. NOVV, THEREFORE, BE IT RESOLVED by tl~e Commission that tl~e Modifications confonn to the general pla~ls for the development and redevelopment of the City as a whole. Dated: June 2, 2009 Offered by: Peterson Seconded by: Thompson Ali ayes ATTEST: CHAIR, Marlaine Szurek SECRETARY, Shelley Ha~7son PLANNING & ZONiNG COMMISSION MINUTES PAGE 13 JLTNE 2, 2009 NEW BUSINESS None at this time. OTHER BUSINESS The City Council was presented with the final draft, including all the amendments, af the Comprehensive Plan for approval so that it could be submitted to the Met Councii by the May 29, 2009 deadline. The Met Council will take a couple months to look at it, and either approve the Plan, or send it back for necessary changes. If any are needed, a hearing wi11 again be held to approve the final copy. Fiorendino invited everyone to the grand opening of the new gyms at the High School. He said the event is plamled for June 1 lth from 4 pm - 8 pm. It will be named the Highlander Center. The meeting was adjourned at 7:55 pm. Respectfully submitted, Shelley Hanson Secretary CITY OF COLUMBIA HEIGHTS PLANNING REPORT CASE NUMBER: 2009-0701 DATE: July 7, 2009 TO: Columbia Heights Planning Commission APPLICANT: Thu Le LOCATION: 3969 Reservoir Boulevard REQUEST: 1-foot Height Variance for Fence PREPARED BY: Jeff Sargent, City Planner INTRODUCTION At this time, the applicant is requesting a 1-foot height variance for a fence in the front yard per Code Section 9.106 (E)(2)(b). The current code requires that a fence extending across or into the required front yard shall not exceed 42 inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to 48 inches (4 feet) in height. The applicant has an autistic child who has been known to leave the house unannounced and wander into the neighborhood. The applicant would like to construct a 5-foot high chain link fence to give the child an area to play in, without the concern that he would flee the premises and enter the neighborhood alone. The applicant's house is located only 14 feet from the rear property line, which would disable her from constructing a fence in the rear yard and still give the child adequate space. Minnesota Social Services suggested the 5-foot fence height as adequate to ensure that the child would not be able to climb the fence and leave the property. ZONING ORDINANCE The property located at 3969 Reservoir Boulevard is zoned R-2A, One and Two Family Residential, as are the properties in the area. The house on the property in question is located approximately 110 feet from the front property line. The house to the south is approximately 33 feet from the front property line and the house to the north is approximately 36 feet from the front property line. The purpose of the fence ordinance restricting the height of fences in the front yard is to ensure that sight lines are not imposed on and to promote a positive aesthetic curb appeal in residential areas. City of Columbia Heights Planning Commission July 7, 2009 3969 Reservoir Blvd. Case # 2009-0701 The proposed fence will extend 72 feet from the front of the house, and will stop 38 feet from the front property line. The fence will remain behind the front line of both of the neighboring houses, which would not impede visibility and would promote a positive aesthetic appeal. COMPREHENSIVE PL.AN The Comprehensive Plan guides this area as residential. A variance to allow a fence for a residential dwelling would be consistent with the intent of the Comprehensive Plan guiding of the area. FINDINGS OF FACT (Variance) Section 9.104 (G) of the Zoning Ordinance outlines five findings of fact that must be met in order for the City Council 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 applicant's house is located only 15 feet from the rear property line, leaving very little space to construct a fenced-in area. The house is also set back approximately 75 feet further back on the property than the neighboring houses. The situation of the house on the property is the hardship in this case. 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. It is extremely uncommon for a house's setback to have such a large discrepancy when compared to the neighboring houses. In this case, the applicant is trying to protect an autistic child from wandering into the neighborhood. c) The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The hardship was created by the original placement of the house on the property relative to the placement of the other homes in the area. The 4-foot height requirement for fences is not adequate to ensure that the child would remain in the fenced-in area_ d) The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. Page 2 City of Columbia Heights Planning Commission July 7, 2009 3969 Reservoir Blvd. Case # 2009-0701 The C~mprehensive Plan guides this area as residential. A variance to allow a fence for a residential dwelling would be consistent with the intent of the Comprehensive Plan guiding of the area. 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 fence wrll not extend beyond the front line of the houses to the north or south of the subject property. For this reason, the variance would not be materially detrimental to the public welfare. RECOMMENDATION Motion: That the Planning Commission recommends that the City Council approve the 1-foot fence height variance per Code Section 9.106 (E)(2)(b) of the City Code, 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 application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. 2. The fence will not be placed closer than 36 feet from the front property line. 3. The fence shall be a chain link fence. ATTACHMENTS ^ Draft Resolution ^ Location Map ^ Site Plan ^ Letter From Applicant Page 3 RESOLUTION NO. 2009-XX RESOLUTION APPROVING A VARIANCE FROM C~RTATN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR THU LE ~ WHEREAS, a proposal (Casc # 2009-0~01) has been submitted by Thu Le to the City Council reqtiesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3969 Reservoir Blvd. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 1-foot height variance for the consiructioil of a 5-foot fence per Code Section 9.106 (E)(2)(b). WHEREAS, the Plannin~ Commission has held a public hearing as required by the City Zoning Code on July 7, 2009; WHEREAS, the City Council has coi~sidcred the advice ai~d recommeizdations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safet~y, in t11e surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Couneil of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: Because of the particular physical surroundings, or the sllape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adlierence to the provisions of this Ordinance would cause Luldue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applieable to other properties within the same zoning classification. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by ally person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Co~nprel~ensive Plan. 5. The granting of the variaiZCe will not be materially detrimental to the public weltare or materially injurious tc~ the enjoyment, use, development or value of property or improvements in the vicinity. Resolution No. 2009-XX Pa~e 2 FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall becoine part of this variance and approval; and in granting this variance the city and the applicant agree that tlus variance shall become niill and void if the project has not been completed within one (1) calendar year ai'ter the approval date, subject to petition for renewal of the permit. GONIDTIONS ATTACHED: 1. All application materials, maps, drawings, and descriptive information submitted with t11e application shall become part of the permit. 2. The fence will not be placed closer than 36 feet froin the front property line. 3. The fence shall be a cl~ain link fence. Passed this 13`~' day of July, 2009 Offered by: Seconded bv: Roll Call: Ayes: Nays: Mayor Gary L. Peterson Attest: Patricia Muscovitz, CMC City Clerk Approval is contingent upon execution and retunl of this document to the City Planning Office. 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