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HomeMy WebLinkAbout5-7-13PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING MAY 7, 2013 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Kinney, Roberts, and Szurek Members Absent- Fiorendino Also present were Sheila Cartney (Asst. Community Development Director), and Shelley Hanson (Secretary) and Gary Peterson (Council Liaison). Motion by Kinney, seconded by Roberts, to approve the minutes from the meeting of March 5, 2013. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2013-0501 APPLICANT: F irst Lutheran Church LOCATION: 1555 40th Avenue NE REQUEST: Conditional Use Permit for School Cartney explained that at this time First Lutheran Church is requesting a CUP per Code Section 9.109 (3)(c) to allow a Charter School in the R-1 Zoning District. The church will continue their operations as usual. COMPREHENSIVE PLAN The Comprehensive Plan designates this area for Religious Institution. A school inside a religious institution meets the spirit and intent of the Comprehensive Plan. ZONING ORDINANCE The property located at 1555 – 40th Avenue NE is zoned R-1, Single Family Residential, as are the properties to north, east and west. The properties to the south are zoned R-2A, One and Two family residential and Park and Open Space. Schools are permitted as a Conditional Use Residential Districts. PROPOSAL The applicant is proposing to add a charter school to their location. If approved the school will start out with three kindergarten classes of 66 students (22 students in each class) then increase each year by 66 students until 2015 when they will have 3 kindergarten classes, 3 first grade classes and 3 second grade classes (198 students) using 9 or 10 classrooms. First Lutheran Church was originally Silver Lake Elementary school and is designed for a school use. There are 206 parking stalls available at the site. Adding of the new school only require 23 stalls which can P & Z Minutes Page 2 May 7, 2013 be accommodated by the parking lot. The church and the school will share the choir room, gym, and Martin Luther Hall. School will be in session from August 15 through June 15th. Cartney told members they meet all required conditions. FINDINGS OF FACT Section 9.104 (H) of the Zoning Ordinance outlines nine conditions that must be met in order for the City Council to grant a Conditional Use Permit. They are as follows: 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. Schools, public or private, K-12 are specifically listed as a Conditional Use in the R-1, Single Family District. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for Religious Institution. The proposed use is not changing the current use, rather just adding to it. A church and school are both in harmony and meet the general intent of the Comp Plan. The use will not impose hazards or disturbing influences on neighboring properties. The proposed use as a school will not impose hazards or disturbing influences on neighboring properties. The subject property was originally built as a school. There is more than enough room at the church to accommodate the schools classroom needs and parking needs. The use will not substantially diminish the use of property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by adding a small charter school to the church. 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. There will be no physical changes to the appearance of the existing building to accommodate the school. The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct. P & Z Minutes Page 3 May 7, 2013 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. As stated before the original use of the subject site was for a school, at which time the parking was built appropriately. One performance standard for a school is that the school be served by a major collector or higher classification roadway, 40th Avenue meets this requirement. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. Considering the church was previously a school there should be no negative cumulative effect. The use complies with all other applicable regulations for the district in which it is located. This is correct. Staff recommends approval of the proposed CUP for a school located at 1555 40th Ave NE. Questions from members: Roberts asked if the size of the classrooms meet State guidelines. He said there is a minimum square footage for each classroom established by the State. Cartney stated they should meet all standards since this building was originally a public school. Public Hearing Opened: A member asked the representatives what type of Charter School this would be. Rick Campion from Prodeo Academy stated the focus will be on early literacy to close the achievement gap. Kathy Ehlers, 4010 Hayes St-said this is an older building so she questioned whether asbestos remediation has been done to ensure the safety of the students. The representative from First Lutheran Church said that it has been done. Ms. Ehlers then asked if all the classrooms would be on ground level so safety existing is met. Again, the church representative said that the classrooms are at ground level on one side and it is a two story level on the other, but all existing is approved. Ms. Ehlers asked how much vehicle traffic they expect each day. Mr. Campion stated the students would be bussed to the site and there would be three teachers on site each day, so the traffic should be minimal. P & Z Minutes Page 4 May 7, 2013 Ms. Ehlers wondered why this was the first anyone in the neighborhood heard of this plan. She said she thought the church should have notified area residents of the plan and held some type of an informational meeting even if it was just for good public relations. Cartney said she can’t address the Church Council’s decision regarding this matter, but they meet the necessary legal requirements of notification by going through this process whereby all residents within 350 feet were notified and allowed to express their opinions at this Public Hearing. Public Hearing was closed. Motion by Kinney, seconded by Little, that the Planning Commission recommends the City Council approve the Conditional Use Permit for a school located at 1555 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: The number of classrooms is limited to 10 If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives All ayes. MOTION PASSED. The following Resolution will go to the City Council May 13, 2013. RESOLUTION NO. 2013-30 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR FIRST LUTHERAN CHURCH TO ALLOW A CHARTER SCHOOL AT 1555 40TH AVENUE NE IN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #201-0501) has been submitted by First Lutheran Church to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 1555 –40th Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (3)(c), to allow a school, public or private, K-12 in the R-1 Single Family Residential District for the property located at 1555 40th Avenue NE. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on May 7, 2013; P & Z Minutes Page 5 May 7, 2013 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, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. The use is one of the conditional uses listed for the zoning 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 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. 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 use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 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 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: The number of classrooms is limited to 10 If parking becomes an issue the applicant shall submit a transportation plan to staff to address parking alternatives. Passed this 13th day of May, 2013 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Attest: Tori Leonardt City Clerk P & Z Minutes Page 6 May 7, 2013 P & Z Minutes Page 6 May 7, 2013 OTHER BUSINESS Cartney told members that based on the recommendation of the EDA Board the City will be initiating a variance request and an Ordinance amendment to the Planning & Zoning Commission at the June meeting. Both these requests will address the minimum size of homes when built on small lots, like those in the scattered site district and the lots being marketed by Anoka County. Based on the fact that a 2 car garage is also required, it becomes difficult to also place a larger home on the lots. The suggestion is to change the Ordinance to address the amount of finished square footage in the home rather than the square footage of the footprint. This would allow the footprint size to be reduced. The Ordinance amendment will take some time to complete, so the variance will be necessary for the builder to begin construction of the first model home on one of the City lots being re-developed. The meeting was adjourned at 7:14 pm. Respectfully submitted, Shelley Hanson Secretary