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HomeMy WebLinkAboutOctober 5, 2010 P & Z MinPLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING OCTOBER 5, 2010 7:00 PM The meeting was called to order at 7:00 pm by Chair - Marlaine Szurek. Commission Members present- Thompson, Schmitt, and Szurek. Members Absent: Peterson and Fiorendino Also present were Jeff Sargent (City Planner), and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Thompson, to approve the minutes from the meetings of June 1, 2010. All ayes. MOTIONPASSED. PUBLIC HEARINGS CASE NUMBER: 2010 -1001 APPLICANT: Intermaco Auto Body Inc. LOCATION: 4839 University Avenue NE REQUEST: Conditional Use Permit (Used Auto Sales) The Application was withdrawn by Applicant. CASE NUMBER: APPLICANT: LOCATION: REQUEST: INTRODUCTION 2010 -1002 Schafer Richardson, Inc 3900 Jackson St NE Minor Subdivision, Site Plan Bulk Storage Corporation, c/o Shafer Richardson, owns the business located at 3900 Jackson Street. Currently, there are two buildings on the site. The first is a 56,000 square foot warehouse /manufacturing facility located on the west side of the lot. The second is a 6,000 square foot office building located on the corner of 39 t11 Avenue and Jackson Street. PLANNING & ZONING COMMISSION MINUTES PAGE 2 OCTOBER 5, 2010 Sargent stated that Shafer Richardson is requesting a minor subdivision per Code Section 9.104 (K), in order to split the smaller office building from the remainder of the lot. This would give the owner the ability to market and sell the parcel separately. The current configuration of parking stalls would make it difficult for the warehouse building to comply with the minimum parking requirements. For this reason, a site plan approval for shared parking is required. Per Code Section 9.016 (L)(9), the City Council may approve the use of a required off - street parking area on an adjacent site in the form of a site plan approval for shared parking. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Industrial related activities. The proposed lot split and site plan for shared parking would enable the businesses at this location to continue to prosper. ZONING ORDINANCE Section 9.106 (L)(9) of the Zoning Code outlines specific conditions in order for the City Council to approve the use of shared parking. They are as follows: 1. The use for which the application for shared parking is being made is located within 300 feet of the use providing the parking facilities. The warehouse building will share parking stalls located on the office building's parcel. These uses are adjacent and abutting and within 300 feet of each other. 2. Subsections 9.106 (L)(9)(b) — 9.106 (L)(9)(d) relate to whether the use in question is a nighttime, daytime or Sunday use. In this case, both uses are daytime uses. The Code imposes restrictions on what percent of the shared parking can be used for each type of use, with the assumption that each business only has the minimum amount of required parking. In this case, the office building property has an excess amount of parking, which will be shared with the warehouse use. This is consistent with the Zoning Code. Contract. A legally binding instrument for the shared use of off - street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. The applicant is working on a cross parking and cross - driveway easement agreement by and between the two parcels in question. The City Attorney will have to approve this agreement before the minor subdivision will be effective. PARKING City Code requires 1 parking stall for every 300 square feet of office space of gross floor area. Gross floor area is defined as 90% of the outside dimensions. The office building is approximately 5,400 gross square feet, which yields a requirement of 18 parking stalls. Szurek asked if they would be allowed to continue parking on the area adjacent to 39 Avenue. Sargent said they would be allowed to do so. Once the office building is used again, the employees will use that space for parking. Others who have been using the site will need to look elsewhere for parking. PLANNING & ZONING COMMISSION MINUTES PAGE 3 OCTOBER 5, 2010 The large building is a mixture of assembly /manufacturing /processing and warehousing. City Code requires 1 parking stall for every 1,000 square feet of assembly /manufacturing /processing and 1 parking stall for every 3,000 square feet of warehousing. The building has approximately 44,296 square feet of assembly /manufacturing /processing and 10,665 square feet of warehousing. This equates to a total parking requirement of 44 parking stalls. The site plan indicates a proposal of 34 parking stalls on Parcel A, the office building parcel, and 34 parking stalls on Parcel B, the warehouse building parcel. While this suffices the requirement for the office building, the warehouse parcel is short by 10 parking stalls. Exhibit A indicates the area on Parcel A that will be utilized in the shared parking agreement. Notice that there will only be 12 parking stalls dedicated as those shared between the office building and the warehouse building. Even if warehouse employees use all 12 stalls, there will be a remainder of 22 parking stalls for the office use. This still exceeds the minimum parking requirement for the office building of 18 parking stalls. PARK DEDICATION The City Code requires a park dedication for any newly created parcel or parcels through the subdivision process. Per ordinance, the park dedication fee shall be equivalent to 10% of the market value of the tract in question. According to Anoka County Records, the 2011 land value for the property located at 3900 Jackson Street is $419,300. Given this value, the park dedication fee would be $41,930. Staff feels that the size of the parcel in question poses a hardship to the applicant. The City Code allows for modifications to the park dedication fee because of such a hardship. To be consistent with other municipalities in the metropolitan area pertaining to industrial pieces of land, staff proposes that the Planning Commission recommend a park dedication fee equivalent to 5% of the market value of the property. Communities such as Brooklyn Park (5 %), Fridley (3 %), and Roseville (5 %) use a lesser percentage amount to calculate park dedication fees in industrial zones. Using 5% of the market value would yield a park dedication fee of $20,965. Sargent said this is an issue that should be reviewed for a possible Ordinance change for future cases that would be more in line with surrounding communities and consistent with what is being recommended in this case. Sargent said the applicant has now petitioned the Commission and the City Council to further reduce the park dedication fee to 2.5% PLANNING & ZONING COMMISSION MINUTES PAGE 4 OCTOBER 5, 2010 FINDINGS OF FACT Minor Subdivision Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: 1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision will only create two parcels. 2. The proposed subdivision of land does not involve the vacation of existing easements. No vacation of existing easements will occur as a result of the minor subdivision. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The minimum lot area requirement for the Industrial District is 10, 000 square feet. The minimum lot width requirement is 80 feet. With the completion of the minor subdivision, the newly created parcel will be approximately 13 7' x 139', which equates to just over 19, 000 square feet in area. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. The property is currently accessed from both 39` Avenue and Jackson Street. The proposed minor subdivision will not require any new public rights -of -way in order to gain access to the newly created parcels. 5. The property has not previously been divided through the minor subdivision provisions of this article. This is a true statement. 6. The proposed subdivision does not hinder the conveyance of land. This is a true statement. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is a true statement. 8. The proposed subdivision meets all of the design standards specified in Section 9.114. This is a true statement. PLANNING & ZONING COMMISSION MINUTES PAGE 5 OCTOBER 5, 2010 Site Plan Approval Section 9.104 (M) requires that the Planning and Zoning Commission shall make each of the following findings before approving a site plan: The site plan conforms to all applicable requirements of this article The proposed site plan meets all requirements set forth in the Zoning Code related to shared parking. 2. The site plan is consistent with the applicable provisions of the city's comprehensive plan. The Comprehensive Plan guides this area for Industrial related activities. Allowing the shared use of parking facilities would enable the businesses to prosper, which would be consistent with the intent of the Comprehensive Plan for industrially guided properties. The site plan is consistent with any applicable area plan. There is no applicable area plan for this area. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right -of -way. The proposed site plan will alleviate parking concerns for the businesses in question. This will help ensure that the parking for the businesses will be confined to the property and that parking will not spill over into the neighboring residential area. Sargent stated that since the proposed minor subdivision and site plan conform to all standards outlined in the Zoning Code, staff recommends approval of the minor subdivision and site plan for the property located at 3900 Jackson Street NE. Questions from Members: Szurek asked if the warehouse building is being used currently. Sargent said that building houses the Bulk Storage Business. She then stated she is not in favor of lowering the Park Dedication Fees since the semi trucks going to and from this business use Jackson Street as their route and it is causing damage to the street that was just re- surfaced. Neighbors in the area have called her to voice their concern. Thompson said Schafer Richardson can't be expected to control truck drivers. There are signs posted already and it is up to the Police Dept. to issue citations if they are violating the signs. Sargent said additional signage could be added as a condition stating "Access off 39 Ave only ". He also told members that some of the trucks now parked north of the office building would be removed. Schmitt asked if there was adequate room to get to the loading docks. Sargent said there was adequate room due to the design of the parking stalls. PLANNING & ZONING COMMISSION MINUTES PAGE 6 OCTOBER 5, 2010 Thompson said his only concern is the reduction of the Park Dedication Fee. He questioned whether the Commission has that power and he wondered if it was wise to set precedence. Sargent told him they can make a recommendation to the City Council and he read the language in the Ordinance to the members. The Ordinance states that park dedication fees may be waived or modified if there is a hardship or can be altered depending on the zoning district the property is in. Sargent said this is a large parcel and probably one of the only properties that is able to be split in this zoning district, so setting precedence is not really an issue. He went on to state that staff had recommended a reduction to 5% based on what surrounding communities charge. If the Commission wants the City Council to consider a 2.5% fee, the motion can be changed, but felt the fee shouldn't be waived altogether. Schmitt stated that some cities use a lower percentage as indicated, but some also have a not to exceed cap. Public Hearing Opened. Kathryn Klatt of Schafer Richardson passed out the written request to lower the park dedication to 2.5% instead of 5 or 10% due to the hardship detailed in the letter. She stated they do have a potential buyer that would fill the vacant building, and if the park dedication fee is reduced, it would make the sale viable. Szurek clearly stated that the Commission can make a recommendation regarding the park dedication fees, but the City Council will actually determine the exact amount to be paid. Schmitt stated for the record that the park dedication fees go to improving the parks, and not to the maintenance of the streets. She understands the surrounding properties are assessed for those improvements and can understand why the neighbors would be upset by the truck traffic. Thompson stated he would like to see additional signage in the area that restricts the flow of the truck traffic to the Bulk Storage site. A resident from the area wanted to know what type of vehicles would be parked at the site. Klatt stated most of the vehicles at the warehouse site would be employee vehicles and a few semi trucks, but that those would be fewer in number. At the office building site, it would just be employees' vehicles. Public Hearing Closed. Motion by Thompson, seconded by Schmitt, that the Planning Commission recommends the City Council approve the minor subdivision of the property located at 3900 Jackson Street NE per Code Section 9.104 (K) 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: The applicant shall record the Minor Subdivision with Anoka County. 2. The applicant shall pay a Park Dedication fee as determined by the City Council, not to exceed 2.5 %, due prior to the applicant recording the minor subdivision with Anoka County. All ayes. MOTION PASSED PLANNING & ZONING COMMISSION MINUTES PAGE 7 OCTOBER 5, 2010 Motion by Schmitt, seconded by Thompson, that the Planning Commission recommends the City Council approve the site plan for a shared parking arrangement for the property located at 3900 Jackson St NE per Code Section 9.106 (L)(9) 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: 1. A legally binding instrument for the shared use of off - street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. All ayes. MOTION PASSED. The following Resolutions will go to the City Council October 11, 2010. DRAFT RESOLUTION NO. 2010 -XXX RESOLUTION APPROVING A MINOR SUBDIVISION AT 3900 JACKSON STREET NE WITH CERTAIN CONDITIONS FOR THE CITY OF COLUMBIA HEIGHTS WHEREAS, a proposal (Case No. 2010 -1002) has been submitted by Schafer Richardson, Inc. requesting a subdivision from the City of Columbia Heights Subdivision Code at the following site: ADDRESS: 3900 Jackson Street 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 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 October 5, 2010. 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 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 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 §9.114. 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 this application shall become part of the permit. 2. The applicant shall pay a park dedication fee as determined by the City Council, not to exceed 2.5 %, due at the time of the recording of the minor subdivision with Anoka County. PLANNING & ZONING COMMISSION MINUTES PAGE 8 OCTOBER 5, 2010 RESOLUTION NO. 2010 -XXX RESOLUTION APPROVING A SITE PLAN FOR SHARED PARKING AT 3900 JACKSON STREET NE WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case 42010 -1002) has been submitted by Schafer Richardson, Inc. to the City Council requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS 3900 Jackson Street NE LEGAL DESCRIPTION On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT Site Plan approval for shared parking per Code Section 9.106 (L)(9). WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on October 5, 2010; WHEREAS, the City Council has considered the advice and recommendations of the Planning and Zoning Commission 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 City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings: 1. 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 (1) calendar year after the approval date, subject to petition for renewal of the permit. CONDITIONS ATTACHED 1. A legally binding instrument for the shared use of off - street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. NEW BUSINESS Sargent passed out copies of the new Comprehensive Plan. There are also electronic copies available which allows for easier search capabilities. Szurek said she wasn't impressed with the company used in this process. She thought it was a long drawn out process. PLANNING & ZONING COMMISSION MINUTES PAGE 9 OCTOBER 5, 2010 Sargent said that staff is working on a housing /commercial status report of the city that will focus on price points, foreclosure rates, and rental numbers. The report will be presented to the EDA and Planning & Zoning Commission later this year. He said staff would then focus on revisions to the Zoning Code to clean up some of the language and modernize some of the applications. The meeting was adjourned at 7:45 pm. Respectfully submitted, Shelley Hanson Secretary