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HomeMy WebLinkAboutOct 6, 2015 minDRAFT MINUTES OF PLANNING AND ZONING COMMISSION OCTOBER 6, 2015 7:00 PM The meeting was called to order at 7:00 pm by Vice-Chair Rob Fiorendino. Commission Members present- Buesgens, Fiorendino, and Hoium. Members Absent: Lee and Szurek Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Hoium, seconded by Buesgens, to approve the minutes from the meeting of August 5, 2015. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2015-1001 APPLICANT: Harry Eiss, Autos Online LOCATION: 4457 Central Ave NE REQUEST: Conditional Use Permit Holmbeck explained that Harry Eiss on behalf of Autos Online is requesting a Conditional Use Permit per Code Section 9.106 (13) (C) to allow a dynamic light emitting diode (LED) sign in conjunction with a commercial establishment for the property located at 4457 Central Avenue NE. Autos Online recently purchased the building and has refaced the existing pylon sign and repainted and replaced signage on the building. The applicant is requesting to add an additional LED component to the existing pylon sign to allow the business to display business related advertising. A rendering of the proposed sign, which includes dimensions, is attached for review. A dynamic LED sign would include any components of a sign that appear to have movement or that appear to change, caused by a method other than physically removing and replacing the sign or its components. This also includes any moving, flashing, blinking or animated display and any display that incorporates LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays. ZONING ORDINANCE The property located at 4457 Central Avenue NE is zoned GB, General Business. The properties to the north, south and west are zoned GB, General Business and the properties to the east are zoned R2A, One and Two Family Residential. Dynamic LED signs are permitted in the General Business Zoning District as a Conditional Use in conjunction with a commercial establishment. COMPREHENSIVE PLAN The Comprehensive Plan designates this property for commercial uses. The proposed sign is consistent with the types of uses guided for this zoning district. P & Z Minutes Page 2 October 6, 2015 DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the “Highway District” standards within the Design Guidelines. The following standards are specific design requirements for signs in the Design Guideline Overlay District: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of the building and site design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building’s architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. Signs may be placed: • In the horizontal lintel above the storefront windows • Within window glass, provided that no more than 25 percent of any individual window is obscured • Projecting from the building • As part of an awning • In areas where signs were historically attached Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred. Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building facade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. A combination of soft/neutral shades and dark/rich shades are encouraged. Sign materials should be consistent or compatible with the original construction materials and architectural style of the building facade on which they are to be displayed. Natural materials such as wood and metal are more appropriate than plastic. Neon signs may be appropriate for windows. External illumination of signs is permitted by incandescent, metal halide or fluorescent light that emits a continuous white light. Light shall not shine directly onto the ground or adjacent buildings. Neon signs are permitted. Internally lit box signs and awnings are not permitted, with the exception of theater marquees. Variable electronic message signs are not permitted, with the exception of existing time/temperature signs. Ground or monument signs are encouraged rather than pylon signs. Sign materials, colors and architectural detailing should be similar to those of the principal building. The area around the base of the sign should be landscaped. According to the City’s Design Guidelines, ground or monument signs are encouraged rather than pylon signs. However, the applicant wishes to keep the existing pylon sign and add the LED component to the top of the sign rather than installing a monument sign. Due to the fact that the current sign on the property is a pylon sign and the surrounding zoning districts are primarily commercial, the addition of an LED component to the existing pylon sign is not likely to change the overall character of the surrounding area. P & Z Minutes Page 3 October 6, 2015 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. Dynamic LED signs are specifically listed as a Conditional Use in the GB, General Business Zoning District. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial uses. The use is consistent with the intent of the Comprehensive Plan as the sign is proposed for a commercial establishment. The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in any additional noise and should not disrupt neighboring properties. In order to mitigate any potential disturbances, the City’s Zoning Code outlines specific development standards that address the operation of dynamic LED signs. The use will not substantially diminish the use of the property in the immediate vicinity. The use of property in the immediate vicinity will not be diminished by the placement of an LED sign at 4457 Central Avenue NE. 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 applicant will have to abide by specific development standards as they relate to LED signs. These standards will help ensure compatibility with the appearance of the existing surrounding area. The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct 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 of a dynamic LED sign at this location is not anticipated to affect 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 dynamic LED sign will have to adhere to specific development standards. It is intended that the use will not cause a negative cumulative effect. The use complies with all other applicable regulations for the districts in which it is located. This is correct. Staff recommends approval of the Conditional Use Permit for the proposed dynamic LED sign for Autos Online, located at 4457 Central Avenue NE. P & Z Minutes Page 4 October 6, 2015 Questions from members: Hoium asked if LED signs are permitted on pylon signs. Holmbeck stated that the code allows for them even though businesses are encouraged to put them on monument type signs. She went on to explain that the Design Guidelines intended for them to be on monument signs only, but did not make it mandatory. She told the members that they have the discretion to determine the intent of the ordinance in these cases. Buesgens stated her concern over putting the LED portion above the existing face on the pylon sign. She felt the sign was high enough already. She thought it should be placed below the existing signage. The owner, Mr. Eiss, told members that the traffic light blocks it especially for those traveling south on Central Avenue. He wouldn’t gain anything by putting the LED portion under the existing face. He thinks it will improve traffic safety since it will be more visible to those that are trying to find his location. Fiorendino stated that the Design Guidelines prefer LED signage to be on monument signs. If it were a new building we would require it to be a monument type sign. Fiorendino stated he understands the existing sign for this business is grandfathered in, but they are also requesting a variance to enlarge it (next case being presented), which becomes part of the grandfathering also. The variance is requested as his plan will exceed the maximum allowed by 15 sf with the addition of the LED part. Hoium stated it is not the Commission’s responsibility to ensure every sign is visible. It is their job to ensure City Ordinances are met. Buesgens asked if the Traffic Commission should maybe look at this request and give an opinion as to whether the safety factors he mentioned should be a consideration. Public Hearing Opened. Michelle Ferrara from 4422 Central Avenue owns an apartment building that faces the Car Wash down the block from Autos Online. She stated there are 5 other homes on that block and that all the residents on that block are against this CUP and Variance request. She stated that when Pepe’s sign across the street was installed it was very disruptive to the homeowners. She thinks LED signs are annoying due to the bright lights and the flashing or changing of messages. Lorraine Ayson from 4416 Central said she didn’t like Pepe’s sign and doesn’t want this one either. Holmbeck explained to members that Pepe’s put that sign up without a permit so they were informed it had to be removed. She said it also didn’t meet the requirements of operation. Rob Harris owns AutoMax at 4501 Central just north of this business. While he appreciated the improvements Mr. Eiss has made to the property, he doesn’t want the signage for this particular business to block his business signage, which would happen if it is enlarged. He said that is something the new owners should have factored in when he considered buying the property. P & Z Minutes Page 5 October 6, 2015 Fiorendino said the present case is whether to allow an LED sign only. He asked what would happen if the CUP is approved and the variance isn’t. Holmbeck stated it would be up to the owner to decide if he wanted to replace the face of the existing sign with an LED component or leave it as is. Since he only has 3 sf to work with, he wouldn’t be able to add to it on top or underneath if the variance isn’t approved. Buesgens stated she didn’t want it disruptive to the neighbors and asked if it could be a condition to have it turned off at night. Holmbeck stated any additional conditions would need to be listed on the CUP approval, not the variance portion. Mr. Eiss said he was willing to turn it off at night. He said his business closes at 6 pm Monday through Saturday, and is not open Sundays. Hoium stated the existing monument signs in the City don’t disrupt the neighbors, and he thinks the use of LED signage should be on monument type base. Michelle Ferrara asked if it would make a difference if she brought a petition to the City Council on Monday. Fiorendino said she could do that as they are the final decision making body. Mr. Eiss again stated he was willing to shut the sign off at night. Public Hearing Closed. Motion by Hoium, seconded by Buesgens, to close the public hearing and waive the reading of Resolution 2015-70, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Hoium, that the Planning and Zoning Commission recommends that the City Council approve the Resolution No. 2015-70 for a Conditional Use Permit for a proposed dynamic LED sign for Autos Online located at 4457 Central Avenue NE., subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. P & Z Minutes Page 6 Oct 6, 2015 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). 9. The sign can only be lit during business hours. Roll Call: All ayes The following Resolution will go to the City Council for consideration on Monday, October 12, 2015 RESOLUTION NO. 2015-70 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a dynamic LED sign for Autos Online located at 4457 Central Avenue NE. Whereas, a proposal (Case # 2015-1001) has been submitted by Harry Eiss on behalf of Autos Online to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4457 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (13) (c), to allow a dynamic LED sign to be located in the General Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning 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; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 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. The use is in harmony with the general purpose and intent of the Comprehensive Plan. P & Z Minutes Page 7 Oct. 6, 2015 The use will not impose hazards or disturbing influences on neighboring properties. The use will not substantially diminish the use of the property in the immediate vicinity. 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 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 districts in which it is located. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Conditional Use Permit and approval; and in granting this Conditional Use 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. The Conditional Use Permit is subject to certain conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. P & Z Minutes Page 8 Oct 6, 2015 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). 9. The sign can only be lit during business hours. CASE NUMBER: 2015-1002 APPLICANT: Harry Eiss, Autos Online LOCATION: 4457 Central Ave NE REQUEST: Sign Variance Holmbeck explained that Harry Eiss representing Autos Online is also requesting a Variance to allow for the installation of additional signage at the property located at 4457 Central Avenue NE. The property was the former Car X Auto Shop and has recently been purchased by Autos Online. The existing signage on the property has been replaced to reflect new ownership of the property. The applicant is requesting to add an additional dynamic LED component to the existing pylon sign. With the proposed additional square footage, the sign would exceed the maximum allowed square footage for a pylon sign on the property. The existing pylon sign is located on the northwest corner of the property and is 72 Sq. Ft. in size. The applicant is proposing to add an additional 18 Sq. ft. to the top of the exiting sign with a new total of 90 sq. ft. in size. With the additional square footage, the sign would exceed the maximum allowed square footage of 75 sq. ft., by 15 sq. ft. According to the City’s Zoning Code, pylon signs have a maximum permitted height of 25 ft. The proposed sign would meet this requirement, as it would be 22 ft. tall. A rendering of the proposed sign, which includes dimensions, is attached for review. ZONING ORDINANCE The property located at 4457 Central Avenue NE is zoned GB, General Business. The properties to the north, south and west are zoned GB, General Business and the properties to the east are zoned R2A, One and Two Family Residential. Dynamic LED signs are permitted in the General Business Zoning District as a Conditional Use in conjunction with a commercial establishment. COMPREHENSIVE PLAN The Comprehensive Plan designates this zoning district for commercial uses. The proposed sign is consistent with the types of use guided for this zoning district. DESIGN GUIDELINES The subject property is located within the Design Guideline Overlay District, and is governed by the “Highway District” standards within the Design Guidelines. The following standards are specific design requirements for signs in the Design Guideline Overlay District: Signs should be architecturally compatible with the style, composition, materials, colors and details of the building, and with other signs on nearby buildings. Signs should be an integral part of the building and site design. Wall and projecting signs should be positioned so they are an integral design feature of the building, and to complement and enhance the building’s architectural features. Signs should not obscure or destroy architectural details such as stone arches, glass transom panels, or decorative brickwork. P & Z Minutes Page 9 Oct 6, 2015 Signs may be placed: • In the horizontal lintel above the storefront windows • Within window glass, provided that no more than 25 percent of any individual window is obscured • Projecting from the building • As part of an awning • In areas where signs were historically attached Wall signs should generally be rectangular. In most cases, the edges of signs shall include a raised border that sets the sign apart from the building. Individual raised letters set onto the sign area surface are also preferred. Projecting signs may be designed in a variety of shapes. Sign colors shall be compatible with the building facade to which the sign is attached. No more than three colors should be used per sign, unless part of an illustration. To ensure the legibility of the sign, a high degree of contrast between the background and letters is preferable. A combination of soft/neutral shades and dark/rich shades are encouraged. Sign materials should be consistent or compatible with the original construction materials and architectural style of the building facade on which they are to be displayed. Natural materials such as wood and metal are more appropriate than plastic. Neon signs may be appropriate for windows. External illumination of signs is permitted by incandescent, metal halide or fluorescent light that emits a continuous white light. Light shall not shine directly onto the ground or adjacent buildings. Neon signs are permitted. Internally lit box signs and awnings are not permitted, with the exception of theater marquees. Variable electronic message signs are not permitted, with the exception of existing time/temperature signs. Ground or monument signs are encouraged rather than pylon signs. Sign materials, colors and architectural detailing should be similar to those of the principal building. The area around the base of the sign should be landscaped. According to the City’s Design Guidelines, ground or monument signs are encouraged rather than pylon signs. However, the applicant wishes to keep the existing pylon sign and add the LED component to the top of the sign rather than installing a monument sign. Due to the fact that the current sign on the property is a pylon sign and the surrounding zoning districts are primarily commercial, the addition of an LED component to the existing pylon sign is not likely to change the overall character of the surrounding area. FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant Variances. 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. P & Z Minutes Page 10 Oct 6, 2015 According to the applicant’s narrative, since the building was constructed, MNDOT has replaced the traffic signals at the intersection directly out front of the business. The traffic signal is located next to the existing pylon sign. The applicant further claims, that the current traffic signal location obstructs the view of the pylon sign from potential customers. To comply with provisions of the Zoning Ordinance, the applicant would have to either decrease the size of the proposed sign or remove the existing signage and replace with code compliant signage. The conditions upon which the variances are based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. According to the applicant, the main issue is not having adequate visibility on Central Avenue due to the location of the traffic signal. To clear the traffic signal, the dynamic LED sign portion is being proposed on the top of the existing pylon sign. 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. This is correct. According to the applicant, the difficulty arises from the location of the sign along Central Avenue and visibility issues associated with the location of the traffic signals. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for commercial uses. Being that Autos Online is a commercial use, the variance request is consistent with the types of uses guided for this area. 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. Granting the variance to allow the sign to exceed the maximum allowable square footage is not anticipated to negatively affect the neighboring properties. In the case of a variance request, staff does not make a recommendation for or against approval. The decision is left to the Planning and Zoning Commission to make a recommendation to the City Council. If the Planning and Zoning Commission chooses to recommend approval, please use the recommended motions below. Questions from members: Hoium asked how many signs in the City don’t meet the Code. Holmbeck said she doesn’t have that information. She stated since she has been on staff that cases are decided on individual merit and some have been approved and some have not. Buesgens again asked what the applicant’s options would be if this request is denied. Holmbeck said he could choose to replace the face of the existing sign with a LED type. Hoium said he thinks the commission should be as consistent as possible. Fiorendino said the Design Guidelines encourage businesses to stay within the requirements established, so therefore, he is against the size being increased. P & Z Minutes Page 11 Oct 6, 2015 Hoium asked if the City Council could override the recommendation and was told they could. Public Hearing Opened. No one wished to speak further on this matter. Public Hearing Closed. Motion by Buesgens, seconded by Hoium, to close the public hearing and waive the reading of Resolution 2015-71, there being ample copies available to the public. All ays. MOTION PASSED. Motion by Hoium, seconded by Buesgens, that the Planning and Zoning Commission recommends the City Council deny the Resolution No. 2015-71 approving a Variance for the sign located at 4457 Central Avenue NE., that would grant: Waiver to Section 9.106 (P) (13) (2)-allowing a pylon sign in the General Business Zoning District to exceed the maximum allowed size of 75 sq. ft. The proposed sign exceeds the maximum allowed size by 15 sq. ft. Roll Call: All ayes. This matter and the following Resolution will go before the City Council for consideration on Monday, October 12, 2015. It will be up to the Council to make the final determination on this request. RESOLUTION NO. 2015-71 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Variance from certain conditions of the City of Columbia Heights Zoning Code for Autos Online located at 4457 Central Avenue NE. Whereas, a proposal (Case # 2015-1002) has been submitted by Harry Eiss on behalf of Autos Online to the City Council requesting a Variance from the City of Columbia Heights at the following site: ADDRESS: 4457 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Waiver to Section 9.106 (13) (a) (2), to allow a pylon sign to exceed the maximum allowable square footage of 75 sq. ft. The proposed sign will exceed by 15 sq. ft. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; P & Z Minutes Page 12 Oct. 6, 2015 Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning 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 concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT 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 variances are 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 Variance. CASE: 2015-1003 APPLICANT: Columbia Heights Leased Housing Assoc I LLLP LOCATION: 317 37th Ave, 3700 5th St, 450 38th Ave NE REQUEST: Site Plan Approval - Huset Park Senior Living Holmbeck explained that Columbia Heights Leased Housing Associates, on behalf of Dominium, is proposing to construct 191 units of affordable senior housing on the vacant site northeast of the 37th Avenue NE. and University Avenue NE intersection. The building will be designed and marketed to people ages 55 and up, with some income qualifications. The development will be adequately served with a number of amenities including a fitness facility and club room, theater, library, and salon. On the grounds there will be an outdoor patio terrace that will include a fire pit, grilling stations, and ample seating areas to serve apartment residents. A narrative provided by the applicant, is attached for your review. P & Z Minutes Page 13 Oct. 6, 2015 ZONING ORDINANCE The site is currently comprised of three properties which will be combined and re-platted. Once the Final Plat is approved, a new address will be issued for the property. The three properties are located in the Mixed Use Zoning District. Properties to the north and east are also zoned in the Mixed Use Zoning District. The properties to the east and west are zoned in the Light Industrial Zoning District, and the properties to the south are located in the City of Minneapolis. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Mixed-Use, Transit Oriented Development. The City’s Mixed-Use Districts allow for residential, commercial, and institutional uses. The City’s Comprehensive Plan aims to enhance the transit connections along University Avenue and to provide additional housing for the projected aging population. Constructing a senior housing apartment building is consistent with the City’s Comprehensive Plan. The vacant site will be redeveloped to include a four story senior housing building and site improvements on the parcel which will enhance the pedestrian and transit connections to the surrounding area. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District and as such, is not governed by the Design Guideline standards. SITE PLAN The subject property is located in the Mixed Use Zoning District and does not have specific lot size and setback requirements. The Zoning Code allows the City to be flexible in this area to facilitate a successful development. Specific site requirements will be outlined in a Development Contract, and approved by the Columbia Heights City Council. Parking The proposed site plan is for 191 units of senior housing. City Code requires one parking space for every two units of senior housing. By this standard, the City would require that 95.5 parking spaces be provided. The proposed development exceeds this requirement, by providing 137 underground parking spaces and 108 surface parking spaces. Access The site will be served by one main entrance off Huset Parkway. The front parking lot will contain a turn-around and a covered drop-off and pick-up just outside the main entrance to the building. The rear drive will go around the building and will have access to the underground parking and rear parking lot. Two secondary entrances will be located in the rear of the building. Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing a storm water pond to be located on the southwest corner of the parcel. The storm water pond will have a decorative water fountain feature, with shoreline flowers surrounding the perimeter. The applicant is proposing to plant 134 trees which will complement the layout of the development. The landscape plan calls for native perennial and deciduous plantings in combination with shrubs and perennials to be planted along the periphery of the building. The development will be within close proximity to Huset Park and Murzyn Hall. Huset Park will provide additional outdoor opportunities for residents, and the Senior Center at Murzyn Hall is adjacent to Huset Park. P & Z Minutes Page 14 Oct. 6, 2015 FINDINGS OF FACT Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: The Site Plan conforms to all applicable requirements of this article. The applicable Zoning Code requirements are achieved. The Zoning Code requires that a Development Contract outline specific site requirements. A condition has been added to the Site Plan, that the developer must meet all the requirements of the Development Contract. The Site Plan is consistent with the applicable provisions of the City’s Comprehensive Plan. The Comprehensive Plan guides this area for Mixed Use Transit Oriented Development. The proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. The Site Plan is consistent with any applicable area plan. The property was previously part of a larger development of Huset Park. However, the final phase of the original development was never completed. The Economic Development Authority is considering an amendment to the original development agreement for Huset Park to accommodate the new senior living development. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. Proper traffic controls are in place to accommodate the additional vehicles on 37th Avenue NE. and University Avenue NE. The proposed plan for the senior living development will be governed by a Development Contract which will have specific site requirements meant to minimize any adverse impact to neighboring properties. Questions from members: Hoium noted that our Ordinance only requires 95.5 parking spaces and they are putting in significantly more. He said this may indicate that our Ordinance is outdated since Dominium probably has a better idea of what is actually needed for facilities such as this. Buesgens asked for an explanation of the difference between affordable housing and low income housing. Eric Omdahl from Dominium stated the rents will fall into the low income guidelines that are established for financing purposes. He told members the rents would be in the mid $800 for a 1 BR unit and in the $1,200+ range for a 3 BR unit. He assured members they will not be Section 8 or subsidized housing. The low income guidelines are set at 60% of the median income so that the project qualifies for tax credits. The tax credits help make up for the difference in rent that could be charged if they were market rate units. Mr. Omdahl went on explain that this cannot change for 15 years according to the financing rules. He reviewed the Company’s history and other developments they have done, and told members that they manage the buildings after they are built long term. Buesgens asked about renewable energy and if solar panels would be a part of this project. He said they don’t plan on doing so with this building, but they do construct the buildings to be as energy efficient as possible and that all the appliances have high efficiency ratings also. Omdahl also assured her that soundproofing is addressed during construction in both the walls and the ceilings. P & Z Minutes Page 15 Oct, 6, 2015 Public Hearing Opened. Dr Jigar Mistry of 3820 5th Street is on the Board of Directors of the Huset Park Townhomes. He said the Board supports this project and was impressed with how Dominium reached out to the residents of the HOA to explain their plan and accept feedback that they incorporated into their plans. He thinks the project will add value to the surrounding properties. Joe Hogeboom, Community Development Director, explained that he works closely with the EDA and that this project would complete one of the final phases of the Huset Park Redevelopment. He also reiterated that this project would not be considered a subsidized housing project. Dominium is compensated through the tax credit process as Mr. Omdahl explained earlier. Hogeboom stated that staff has been working with Dominium for a year now and that the EDA is excited to move forward with this proposal. The EDA will be taking action to approve a Development Agreement next week at their meeting. The Development Agreement will mirror the financing requirement that the building be operated as proposed for at least 15 years. Buesgens said she was excited about this proposal, but asked if there were any plans for the round-about piece. Hogeboom stated that there isn’t anything planned at this time. Dominium usually constructs larger projects so will probably sell this parcel off in the future to someone else to develop. He said the current agreement in place allows for 50 units of Sr. Cooperative Living, but there isn’t a lot of interest in buildings of that nature right now. Any other proposal would have to go before the EDA for approval to amend the Development Agreement. Renee Gaughan also is on the Board of Directors of the Huset Park HOA. She said she supports the project also and that it will be a great addition to the City. She told members that there isn’t a lot of green space in the development and that the round-about site is currently used for snow removal storage from the rest of the development. She hopes it can be continued to be used as such for the time being. Gaughan stated the HOA is considering purchasing the site so it can remain as a snow removal site as it is very much needed. Public Hearing Closed. Motion by Hoium, seconded by Buesgens, to waive the reading of Resolution No. 2015-72, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Hoium, to adopt Resolution No. 2015-72, being a resolution approving a site plan, for a proposed senior housing development, subject to the following conditions: The building and site shall be meet all requirements found in the Fire Code and the Building Code. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets. P & Z Minutes Page 16 Oct. 6, 2015 The Developer must satisfy engineering and site development requirements outlined in the Development Contract for the Plat of Huset Park Senior Living, to be approved by the City Council on October 12, 2015. The Developer shall meet the requirements outlined in the attached report from the Columbia Heights Fire Department, dated September 30, 2015. The Developer shall meet the requirements outlined in the attached report from the Minnesota Department of Transportation, dated October 1, 2015. The Developer shall install a 10 foot wide bituminous trail along University Avenue NE, and within the MNDOT Right-Of-Way, from Naegele Avenue to 37th Avenue NE., conditional on MNDOT permit requirements. The Developer shall install a decorative fence between the trail and the northbound lanes of University Avenue NE., subject to conditions specified in the Development Contract. The Developer shall install a 6 foot wide concrete sidewalk along the south side of the parcel, connecting to the existing sidewalk on Huset Parkway and the proposed trail on University Avenue NE. The Developer shall construct a monument sign displaying the City of Columbia Heights’ logo facing northbound University Avenue traffic. The sign shall be designed and financed by the Developer and approved by the City. Construction shall commence by June 1, 2016 and be substantially complete by December 31, 2017. The Developer shall dedicate public easements over all storm water features, including the decorative pond, as well as over the proposed fire hydrant. Site and elevation plans included in this submittal, dated September 9, 2015 shall become part of this approval. All other applicable local, state, and federal requirements shall be met at all times. Roll Call: All ayes The following Resolution will go to the City Council on Monday, October 12, 2015. RESOLUTION NO. 2015-72 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Site Plan for Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Whereas, a proposal (Case # 2015-1003) has been submitted by Columbia Heights Leased Housing Associates I, LLLP on behalf of Dominium to the City Council requesting Site Plan Approval from the City of Columbia Heights at the following site: ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Site Plan Approval per Code Section 9.104 (N). P & Z Minutes Page 17 Oct. 6, 2015 Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; 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; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT The Site Plan conforms to all applicable requirements of this article. The Site Plan is consistent with the applicable provisions of the City’s Comprehensive Plan. The Site plan is consistent with any applicable area plan. 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 plans, maps, and other information shall become part of this Site Plan Approval; and in granting approval the City and the applicant agree that this Site Plan Approval 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. CONDITIONS The building and site shall be meet all requirements found in the Fire Code and the Building Code. All City Storm Water Management requirements, as well as Mississippi Water Management Organization (MWMO) plan requirements, shall be achieved for this property. Trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets. The Developer must satisfy engineering and site development requirements outlined in the Development Contract for the Plat of Huset Park Senior Living, to be approved by the City Council on October 12, 2015. The Developer shall meet the requirements outlined in the attached report from the Columbia Heights Fire Department, dated September 30, 2015. The Developer shall meet the requirements outlined in the attached report from the Minnesota Department of Transportation, dated October 1, 2015. The Developer shall install a 10 foot wide bituminous trail along University Avenue NE, and within the MNDOT Right-Of-Way, from Naegele Avenue to 37th Avenue NE., conditional on MNDOT permit requirements. The Developer shall install a decorative fence between the trail and the northbound lanes of University Avenue NE., subject to conditions specified in the Development Contract. The Developer shall install a 6 foot wide concrete sidewalk along the south side of the parcel, connecting to the existing sidewalk on Huset Parkway and the proposed trail on University Avenue NE. P & Z Minutes Page 18 Oct 6, 2015 The Developer shall construct a monument sign displaying the City of Columbia Heights’ logo facing northbound University Avenue traffic. The sign shall be designed and financed by the Developer and approved by the City. Construction shall commence by June 1, 2016 and be substantially complete by December 31, 2017. The Developer shall dedicate public easements over all storm water features, including the decorative pond, as well as over the proposed fire hydrant. Site and elevation plans included in this submittal, dated September 9, 2015 shall become part of this approval. All other applicable local, state, and federal requirements shall be met at all times. CASE: 2015-1004 APPLICANT: Columbia Heights Leased Housing Assoc I LLLP LOCATION: 317 37th Ave, 3700 5th St, 450 38th Ave NE REQUEST: Preliminary/Final Plat Approval On behalf of Dominium, Columbia Heights Leased Housing Associates has requested Preliminary and Final Plat Approval per Code Section 9.104 (L) and (M), for the vacant site located northeast of the 37th Avenue NE. and University Avenue NE. intersection. The site is currently comprised of three lots of record: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. The applicant is proposing to remove the existing lot lines, and re-plat the property to allow for a senior housing apartment building to be constructed on the site. State Building Code prevents constructing a new building over a property line. Furthermore, in order to obtain a Certificate of Occupancy for the property, the lot lines must be removed. ZONING ORDINANCE The site is currently comprised of three properties. The three properties are located in the Mixed Use Zoning District. The properties to the north and east are also located in the Mixed Use Zoning District. The properties to the east and west are located in the Light Industrial Zoning District, and the properties to the south are located in the City of Minneapolis. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Mixed-Use, Transit Oriented Development. The City’s Mixed-Use Districts allow for residential, commercial, and institutional uses. The City’s Comprehensive Plan aims to enhance the transit connections along University Avenue and to provide additional housing for the projected aging population. Constructing a senior housing apartment building is consistent with the City’s Comprehensive Plan. The vacant site will be redeveloped to include a four story senior housing building and site improvements on the parcel which will enhance the pedestrian and transit connections to the surrounding area. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District and as such, is not governed by the Design Guideline standards. P & Z Minutes Page 19 Oct. 6, 2015 FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. This is correct. The proposed subdivision is consistent with the Comprehensive Plan. This is correct. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant Final Plat approval. They are as follows: The Final Plat substantially conforms to the corresponding Preliminary Plat. This is correct. The Final Plat conforms to the requirements of City Code Section 9.115. This is correct. Staff recommends that the Planning and Zoning Commission approve the proposed Preliminary and Final Plat request made by Dominium on behalf of Columbia Heights Leased Housing Associates for the properties located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Questions by members: Hoium asked who owns the property now. Hogeboom stated that BNC Bank currently owns the property but Dominium has a Purchase Agreement with them to purchase the remaining property. Hogeboom then told members that a separate Development Agreement mentioned earlier also goes before the EDA for approval. Public Hearing Opened. No one was present to speak further on this matter. P & Z Minutes Page 20 Oct 6, 2015 Public Hearing Closed. Motion by Buesgens, seconded by Hoium, to waive the reading of Resolution No. 2015-65, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Hoium, seconded by Buesgens, that the Planning and Zoning Commission recommends the City Council approve the Preliminary and Final Subdivision Plat for the properties located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. 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 required state and local codes, permits, licenses and inspections will be met and in full compliance. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder’s Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. Roll Call: All ayes RESOLUTION NO. 2015-65 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary and Final Plat for Columbia Heights Leased Housing Associates I, LLLP for Huset Park Senior Living located at 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. Whereas, a proposal (Case # 2015-1004) has been submitted by Columbia Heights Leased Housing Associates I, LLLP on behalf of Dominium to the City Council requesting Preliminary and Final Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 317 37th Avenue NE., 3700 5th St. NE., and 450 38th Avenue NE. LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Preliminary and Final Plat Approval per Code Section 9.104 (L) (M). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on October 6th, 2015; P & Z Minutes Page 21 Oct 6, 2015 Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Plat 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; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following: FINDINGS OF FACT Section 9.104 (L) (6) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. The proposed Subdivision is consistent with the Comprehensive Plan. The proposed Subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Section 9.104 (M) (6) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant Final Plat approval. They are as follows: The Final Plat substantially conforms to the corresponding Preliminary Plat. The Final Plat conforms to the requirements of City Code Section 9.115. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary and Final Plat Approval; and in granting approval the City and the applicant agree that the Plat 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. CONDITIONS All required state and local codes, permits, licenses and inspections will be met and in full compliance. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. Upon approval of a Final Plat, the applicant shall be responsible for filing and recording the Final Plat with the Anoka County Recorder’s Office within one year of the date of City Council action. In the event that a Final Plat is not recorded within this time period, the Final Plat will become void. P & Z Minutes Page 22 Oct 6, 2015 OTHER BUSINESS Single Family Home Lot Sales Program Hogeboom told commission members that the City’s Economic Development Authority (EDA) has created the Single Family Home Lot Sales Program, which was put in place as a mechanism to sell vacant residential lots that had been acquired by the EDA during the past 10 years. This summer, multiple builders have expressed interest in acquiring these lots and developing single family homes on them. Most of the lots that are currently part of the Program are located in the Sheffield Neighborhood. A map showing the locations of the properties was given to the members. State Law requires local planning authorities to declare that economic development-related land sales programs further goals and objectives of the Comprehensive Plan. A copy of the proposed Single Family Home Lot Sales Program was also given to members for their review. Staff recommends approval of Resolution No. 2015-PZ04, finding that the proposed sale of certain land by the Columbia Heights Economic Development Authority for residential housing purposes is consistent with the City of Columbia Heights Comprehensive Plan. Questions by members. Buesgens asked if the houses would be built, then sold, on speculation or would it be required to have a buyer committed prior to building. Hogeboom said it could go either way. We are not dictating that. The EDA has established minimum criteria that the new house must meet which would be part of the agreement with the builder. He also explained there would be a deed restriction requiring the new owner to live in the home for 10 years. There was discussion about some of the information provided to the members, summarized as follows: The number of trees required-Hogeboom said this is being changed from two to one required on each lot. Will these lots be subject to Park Dedication fees-Hogeboom said they are only paid when a replatting is done, so no, as these are already platted lots. How many more lots does the City own?-Hogeboom said the City owns some lots for public purposes, but there may be 15-20 additional lots that need to be looked at more closely to see if they could be added to this program. Why were the prices so low on the first draft?-Hogeboom stated it was a starting point based on the scattered site program that began during the housing/economic crisis. He said the prices will be set by the EDA next Monday, but staff is recommending advertising them for the EMV which averages about $50,000/lot. Will closing costs be extra?-Joe said they would be included in the price and they usually range between $1,500-$3,000. P & Z Minutes Page 23 Oct 6, 2015 How will bids be accepted?-First full price offer we receive will be awarded the sale. If 2 or more offers come in at the same time that qualify, the sale will go to the highest bidder. Motion by Hoium, seconded by Buesgens, to approve Resolution PZ-04, as the proposed sale of certain land by the Columbia Heights Economic Development Authority for residential housing purposes is consistent with the City of Columbia Heights Comprehensive Plan. All ayes. MOTION PASSED. RESOLUTION NO. 2015-PZ04 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION FINDING THAT THE PROPOSED SALE OF CERTAIN LAND BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY FOR RESIDENTIAL HOUSING PURPOSES IS CONSISTENT WITH THE CITY OF COLUMBIA HEIGHTS COMPREHENSIVE PLAN WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”) proposes to convey certain parcels of real property described in Exhibit A attached hereto (the “Property”) located in the City of Columbia Heights (the City”); and WHEREAS, the Authority desires to transact the sale of the Property pursuant to its housing and redevelopment powers, in order to facilitate the development of safe and sanitary housing within the City; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the Planning and Zoning Commission to review the proposed acquisition or disposal of publicly-owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning and Zoning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed conveyance of the Property, and has determined that the Property is located in an area designated for residential housing within the City’s comprehensive plan, and that furthermore such conveyance will help realize the following Housing Goals provided within the comprehensive plan: Preserve and expand the single-family neighborhoods as the community’s strongest asset. Advocate housing efforts that attract and retain residents, especially young families. NOW, THEREFORE, BE IT RESOLVED, by the Planning and Zoning Commission of the City of Columbia Heights, that the sale of the Property by the Authority is consistent with the City’s comprehensive municipal plan, and will promote the development of safe and sanitary housing within the City. BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the Columbia Heights Economic Development Authority. P & Z Minutes Page 24 Oct 6, 2015 Adopted this 6th day of October, 2015 Motion: Hoium Seconded: Buesgens All ayes. Auto Related Uses, Moratorium Update Holmbeck stated this matter was brought to the City Council at a recent work session. They seemed receptive to considering a moratorium. Once the areas affected are determined, an Ordinance will be prepared and go before the City Council during the next month. The meeting was adjourned at 8:25 pm. Respectfully submitted, Shelley Hanson Secretary