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HomeMy WebLinkAbout6-4-13DRAFT COPY OF PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING JUNE 4, 2013 7:00 PM The meeting was called to order at 7:00 pm by Chair Marlaine Szurek. Commission Members present- Little, Fiorendino, Kinney, and Szurek Also present were Sheila Cartney (Asst. Community Development Director), and Shelley Hanson (Secretary) and Gary Peterson (Council Liaison). Commissi on members were told that Commission member Roberts has resigned effective this week. Motion by Kinney, seconded by Little, to approve the minutes from the meeting of May 7, 2013. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2013-0601 APPLICANT: City of Columbia Heights EDA LOCATION: 4421 5th Avenue NE REQUEST: Variance to the minimum floor area Cartney explained that at this time, the applicant (the City) is requesting a variance to the minimum floor area requirement on the main floor of 960 square feet for a two story dwelling. The subject property is part of the City’s Scattered Site program and has been approved by the Economic Development Authority (EDA) for a model home. The model homes that have been approved for the Scattered Site program are two-story homes with three bedrooms and two baths. The particular model home for this subject lot has a main floor area of 581 square feet with a finished area of 1,169 square feet. ZONING ORDINANCE Code Section 9.106 (D)(b) requires one and one-half and two story dwellings shall have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. CONSIDERATIONS. For the scattered site program the EDA has selected one builder and two model homes for 11 lots. The two model homes are two-story homes with a main floor area less than 960 square feet. The majority of the scattered site lots are 5,160 square feet or less limiting the type and size of house that can be built. In almost all cases the required two-car garage will have to be detached P & Z Minutes Page 2 June 4, 2013 (as with the subject lot) setbacks just cannot be met with attached garages and floor area ratio requirements. The builder and the EDA have chosen to build primarily two-story dwellings on these lots to maximize the green space while providing a desirable home with three bedrooms and two baths, which is severely lacking in Columbia Heights. The intent of this code is to achieve a total square footage of space, as evidenced with a split entry/level home, no minimum main floor area required, but simply a 1,020 square foot aggregate floor area is required. COMPREHENSIVE PLAN The Comprehensive Plan designates the subject lot as low density residential. A single family home is consistent with this designation. 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: 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 practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. The lot is 5,160 square feet and 40 feet wide which is limiting to the size and style of house that can be built. A two-story home maximizes the space while allowing some green space for a yard. Adhering strictly to the requirement of a main floor area ratio of 960 square feet would be difficult in designing a two-story home while maintaining open space and lot coverage requirements. Allowing a two-story home on this lot allows for more finished area. 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 subject site is part of the City’s Scattered Site Program. New construction and these small lots are severely limited to a small portion of properties in the city. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. As written the ordinance does not take into consideration the challenges of a 40 foot wide lot and the challenges of designing a house and required two car garage to fit while meeting setbacks and lot coverage requirements. If a two-story house was built with the minimum main floor area of 960 square feet the total finished area would be 1,920 square feet which would be over building in many neighborhoods in Columbia Heights. P & Z Minutes Page 3 June 4, 2013 The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The granting of the variance would be in harmony with the general purpose and intent of the comprehensive plan. The comp plan designates this property as single family residential and that is what is proposed to be built. 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 variances should not be materially detrimental to the public welfare or the use of the properties in the vicinity. The variance requests will have conditions imposed on them to help ensure this. Questions from Members: Little asked who designed the homes and why couldn’t they be built deeper into the lots to add additional square footage? Cartney explained that the EDA went through a bidding process and they selected a builder who proposed building two different models that are both two story designs with 3 bedrooms and 2 bathrooms. She added that it is possible for the homes to go deeper, but the EDA has approved the two proposals which also meet a targeted sales price. Little then asked if either of the designs have been built at other locations in Columbia Heights. Cartney told him this would be the first one in Columbia Heights. Fiorendino asked if the same house would be built on all the scattered site lots. Cartney told him the first model would be built and sold. Other interested buyers will then have their choice of two designs subject to modifications if they choose to upgrade and the opportunity to pick out which lot they wish to purchase. The only lot that will have a different design will be the property at 4303 Reservoir Blvd since that lot will accommodate a larger home. Fiorendino asked how many lots were being marketed. Cartney told him 12. He asked if staff had any concerns about the proposed designs not fitting into the existing neighborhoods. She responded that she thought the proposed models would blend in just fine. Kinney asked if there was any background or rationale on why the original square footage had been decided on. Cartney said she wasn’t aware of any background on this matter and that the language was somewhat unclear. Staff believes the intent was to address the finished square footage of a home rather than the footprint. Therefore, the new language proposed will clarify this. P & Z Minutes Page 4 June 4, 2013 Public Hearing Opened: No one was present to speak on this issue. Public Hearing Closed. Motion by Fiorendino, seconded by Little, that the Planning Commission recommends the City Council approve the variance to allow a main floor area of 581 square feet than the minimum requirement per Code Section 9.106 (D)(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. The above grade minimum floor area shall be 1,162 square feet. All ayes. MOTION PASSED. The following Resolution will go to the City Council June 10, 2013. RESOLUTION NO. 2013-34 RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR 4421 5th STREET WHEREAS, a proposal (Case # 2013-34) has been submitted by the City of Columbia Heights to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 4421 5th Street NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING RELIEF: 379-square foot area variance to main floor area for a two-story dwelling per Code Section 9.106 (D)(b). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on December June 4, 2013; WHEREAS, the City Council has considered the advice and recommendations 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 safety, in the surrounding area; P & Z Minutes Page 5 June 4, 2013 NOW, THEREFORE, BE IT RESOLVED by the City Council 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 shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 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 practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 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. FURTHER, BE IT RESOLVED, that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance 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: All application materials, maps, drawings, and descriptive information submitted with the application shall become part of the permit. The above grade minimum floor area shall be 1,162 square feet. Passed this 10th day of June, 2013 Offered by: Seconded by: Roll Call: Ayes: Nays: CASE NUMBER: 2013-0602 APPLICANT: City of Columbia Heights LOCATION: City Wide REQUEST: Zoning Amendment for minimum floor area of one and one-half and two story dwelling Cartney stated that in May 2013 the Economic Development Authority (EDA) finalized contracts to list and sell 12 scattered site lots and build with Timbercraft Homes. The majority of the scattered site lots are 5,160 square feet (40’ wide lots). Timbercraft has presented the EDA with two model home styles for buyers to choose from both two-story homes. The models have a main floor area of 581 square feet (1,169sq.ft finished) and 597 square feet main floor area (1,197sq.ft. finished) both with unfinished basements. City Ordinance requires a one and one-half and two story dwellings to have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. P & Z Minutes Page 6 June 4, 2013 At the EDA meeting the representative from Timbercraft Homes explained that with these narrow lots it is hard to build a home with a large horizontal footprint that takes up the majority of the lot, it is more advantageous to build vertically to preserve what little open space there is. He also indicated that the model homes are minimums and if a buyer wanted a larger home they could build it if it fits within the parameters of the code, which could be accommodated on a few of the lots. COMPREHENSIVE PLAN One of the goals of the Comprehensive Plan is to “Advocate housing efforts that attract and retain residents, especially young families.” An implementation strategy listed is to seek first time homebuyers for purchase of city owned property. Another goal listed is to “Preserve and reinvest in the housing stock to protect values and investment in the city.” The Scattered site program obtains these goals by providing affordable “starter” homes and reinvesting in neighborhoods. FINDINGS OF FACT Section 9.104 (F) of the Columbia Heights zoning code requires that the City Council make each of the following four findings before approving a zoning amendment: The amendment is consistent with the Comprehensive Plan. One of the goals of the Comprehensive Plan is to “Advocate housing efforts that attract and retain residents, especially young families.” An implementation strategy listed is to seek first time homebuyers for purchase of city owned property. Another goal listed is to “Preserve and reinvest in the housing stock to protect values and investment in the city.” The Scattered site program obtains these goals by providing affordable “starter” homes and reinvesting in neighborhoods. The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would apply to all one and one-half and two-story dwellings throughout the City. Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. The amendment would not change the zoning classification of a particular property. Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. The amendment would not change the zoning classification of a particular property. P & Z Minutes Page 7 June 4, 2013 Questions from members: Fiorendino asked if we need to stipulate 550 s.f. as the minimum footprint, if we stipulate that there must be 1,020 of finished space. He didn’t see the need to specify the footprint size. Cartney said the EDA gave staff the direction to amend the existing Ordinance and is the requesting party. This is being done to guide future development. Cartney reminded members this only affects 1 ½ and 2 story houses. Single level homes would still need to be larger. Kinney asked for confirmation that the amendment will establish a minimum footprint size for 1 ½ and 2 story homes, and will also clarify the minimum requirement for above grade finished area. Cartney said that was correct. Public Hearing Opened. No one was present for this matter. Public Hearing Closed. Motion by Kinney, seconded by Little, that the Planning Commission recommends the City Council approve the proposed zoning amendment, with the typo correction discussed. All ayes. MOTION PASSED. The following draft Ordinance will go to the City Council June 10, 2013. DRAFT ORDINANCE NO. 1612 BEING AN ORDINANCE AMENDING ORDINANCE NO. 1490, CITY CODE OF 2005 RELATING TO FLOOR AREA REQUIREMENTS WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights does ordain: Chapter 9, Article I, Section 9.106 (D) of the Columbia Heights City Code, is proposed to include the following additions and deletions: § 9.106 GENERAL DEVELOPMENT STANDARDS. (D) Dwellings (2) Floor area requirements. The following floor area requirements shall apply to all dwelling units within the city: (b) One and one-half and two story dwellings shall have a minimum floor area of 960 550 square feet on the main floor, plus 120 square feet for each additional bedroom over two with a total above grade minimum floor area of finished space of 1,020 square feet. P & Z Minutes Page 8 June 4, 2013 Section 2: This Ordinance shall be in full force and effect from and after 30 days after its passage. First reading: June 10, 2013 Second reading: June 24, 2013 Date of passage: NEW BUSINESS Request for a Special Meeting for Renaissance Fireworks Cartney told members that Renaissance Fireworks has operated two tent sales of fireworks products for eight years in Columbia Heights at 40th and Central and in the Rainbow Mall parking lot. They wish to do so again this year, however, they submitted their documents too late to be included as part of this meeting. They have, therefore, requested that a special meeting be held in order to approve their Interim Use Permit so they can operate prior to the July 4th holiday. Cartney explained this is something the P & Z Commission must address as it does not go to the City Council, according to our City Ordinance. Several dates were considered by the members, and it was the consensus to set the special meeting for Tuesday, June 18th, 2013 at 7 pm. OTHER BUSINESS Cartney told members there will not be a meeting in July since no cases were received prior to the deadline. The meeting was adjourned at 7:25 pm. Respectfully submitted, Shelley Hanson Secretary