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HomeMy WebLinkAbout2016-11-01 P&ZCH COLUMBIA HEIGHTS Planning and Zoning Commission Meeting November 1 "' 2016 7:00pm Columbia Heights City Hall 590 40`h Avenue NE Columbia Heights, MN 55421 1. Call to Order and Roll Call. sk-QJ�c j a. Approval of October 4th, 2016, Planning and Zoning Commission Meeting Minutes 2. Public Hearings a. Case # 2016 -1101, Minor Subdivision 101644 1h Avenue NE., Columbia Heights, MN 55421 Brian Beaufeaux, IAE Leasing, LLC. b. Case # 2016 -1102, Conditional Use Permit 1016 44`h Avenue NE., Columbia Heights, MN 55421 Brian Beaufeaux, IAE Leasing, LLC. 3. Other Business 4. Adjourn 11 -1 -16 MINUTES OF PLANNING AND ZONING COMMISSION OCTOBER 4 2016 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Buesgens, Schill, Hoium, and Szurek Member Absent: Fiorendino Also present were Elizabeth Holmbeck (Planner), Keith Dahl (Economic Development Manager), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn. Motion by Buesgens, seconded by Hoium, to approve the minutes from the meeting of Sept 6th, 2016 All ayes. MOTIONPASSED. OTHER BUSINESS CASE NUMBER: 2016 -1001 APPLICANT: Hy -Vee, Inc. DEVELOPMENT: Central Valu Center LOCATION: 4300 Central Avenue NE, Columbia Heights, MN 55421 REQUEST: Approval of the Conformity of the Tax Increment Financing Plan to the Comprehensive Plan and Adoption of Resolution 2016 -PZ05 Dahl explained to members that Hy -Vee has requested public financial assistance from the Columbia Heights Economic Development Authority (EDA) for the redevelopment of the property located at 4300 Central Avenue NE (Subject Property). In Columbia Heights, the EDA is the authority authorized to exercise Tax Increment Financing (TIF) powers, however the EDA may not exercise any TIF powers without prior approval from the City Council. The City Council has scheduled a public hearing to approve the modification and establishment of the proposed TIF district for October 24, 2016 at approximately 7:00 PM. Before or at the time of approval of a TIF district, the City Council shall make certain findings pursuant to Minnesota State Statue 469-175. One specific finding that is required before City Council approval is that the Planning and Zoning Commission review and determine if the TIF plan conforms to the general plan for development or redevelopment of the City as a whole. Thus, the Planning and Zoning Commission will need to approve a resolution that ensures the proposed TIF plan conforms to the Comprehensive Plan for the City. Dahl summarized the Plan with the members. Dahl explained that originally Hy -Vee wanted to redevelop the entire building but couldn't come to terms with the existing tenants in the north end of the building, so they had to modify their plan to do a renovation of the current building which is more expensive. Once they started the renovation process they found contamination behind the walls and under the floors of the retail space. They must now dig down into the soils under the building and remove the contamination. This is why they are now asking for financial assistance as this will increase their cost to redevelop this site. If they could have razed the entire building, they wouldn't have asked for any financial assistance. Dahl told members that staff is working on grant applications to assist them with some of the clean -up costs, and Hy -Vee is also applying for additional financial assistance options to help with the additional costs. P & Z Minutes Page 2 Oct. 4, 2016 ZONING ORDINANCE The Subject Property is located in the General Business Commercial Zoning District (GB) along Central Avenue. The 10.14 Acre site is adjacent, on the north and south side, to Limited Business Zoning Districts (LB), One and Two - Family Residential Zoning Districts (R -2A), and Built as Duplexes Residential Zoning Districts (R -213). However, the property to the west is zoned as Public and Open Spaces (PO) and the properties to the east, across Central Avenue, are designated as GB. COMPREHENSIVE PLAN Currently, the existing use along Central Avenue between 43rd and 45th Avenue NE is home to auto - oriented, big box stores with large front loaded parking lots. Given the frequent transit services along Central Avenue, the Comprehensive Plan guides the Subject Property for transit- oriented, mixed -use development that accommodates a front loaded building along Central Avenue with off - street parking located behind. The development should also provide an enhanced pedestrian environment that incorporates landscaping and fagade features in an effort to increase pedestrian activity. The Comprehensive Plan also discusses the opportunity for the City to pursue funding for redevelopment, such as grants and evaluation of financial tools, such as Tax Increment Financing or Tax Abatement to attract redevelopment specific to the desired needs of the community. The modification and establishment of the proposed TIF plan will result in the renovation of an underutilized commercial retail center and the attraction of a new grocery store, Hy -Vee. Hy -Vee's Site Plans were previously approved by the Planning and Zoning Commission on September 6, 2016. The approved Site Plans propose that development will incorporate vegetation (canopy trees, understory plants, and evergreens) throughout the property in a concentrated effort to create an aesthetically pleasing environment for pedestrian activity to increase. The typical distance for a pedestrian to choose to walk rather than drive is in the range of a quarter mile. Within the quarter mile radius around the Subject Property, there is approximately 1000 residential housing units zoned as R -2A and R -2B. If you take the average household size in Columbia Heights, which is roughly 3.15, and multiply it by the number of residential housing units within the quarter mile radius, you find 3,150 residents have the potential to increase the pedestrian activity in the surrounding area. In conclusion, granted that the approved Site Plans for Hy -Vee are not consistent with the transit- oriented, mixed -use development the Comprehensive Plan guides for, the proposed TIF plan will generate roughly 450 jobs within the community. That is 77% of the expected jobs Columbia Heights is supposed to accommodate for between 2000 and 2030. For these reasons and more, the proposed Central Valu Center TIF District is consistent with the Comprehensive Plan for Columbia Heights. DESIGN GUIDELINES The request and approval for the Planning and Zoning Commission to review and determine the proposed TIF district is in compliance with the City's Comprehensive Plan isn't subject to Design Guidelines. SITE PLAN The request and approval for the Planning and Zoning Commission to review and determine the proposed TIF district is in compliance with the City's Comprehensive Plan isn't subject to a Site Plan. FINDINGS OF FACT The request and approval for the Planning and Zoning Commission to review and determine the proposed TIF district is in compliance with the City's Comprehensive Plan isn't subject to Findings of Fact. P & Z Minutes Page 3 October 4, 2016 uestions /Comments from members: Buesgens asked if there was contamination under the parking lot also. Dahl said he is not sure about this, but wouldn't be surprised. Hy -Vee will take care of the testing necessary to determine this. She then asked about the asbestos found behind the existing wall coverings. Buesgens wondered if they would have to renovate the current tenant spaces also. Dahl explained that they are not opening up or exposing any of the asbestos in those spaces, so no remediation would be needed in those tenant spaces. Hoium stated that anyone that would develop this property would have to deal with the contamination issues, so it must be taken care of at some point. Schill asked who currently owns the building. Holmbeck stated that Brixmoor is still the owner of record but Hy -Vee is under contract to purchase the property. They are under a time frame to close on the sale and need to get all the financial details in place in order to close. Szurek asked what time frames were left on the leases of the current tenants. Dahl said Frattalone's Hardware is under 10 years, Meineke has approximately 2 years left, and the Dollar Tree has approximately 6 or 7 years left. Ouestions from the Public• No one had any further questions. Motion by Hoium, seconded by Buesgens, to adopt Resolution 2016 -PZ05, a resolution by the Columbia Heights Planning and Zoning Commission Finding that a Modification to the Downtown Central Business District (CBD) Revitalization Plan for the CBD Redevelopment Project and the Plans for Establishment of the Central Valu Center TIF District conform to the General Plans for the Development and the Redevelopment of the City of Columbia Heights. All Ayes. MOTION PASSED. PLANNING COMMISSION CITY OF COLUMBIA HEIGHTS, MINNESOTA RESOLUTION NO. 2016 -PZ05 RESOLUTION OF THE COLUMBIA HEIGHTS PLANNING COMMISSION FINDING THAT A MODIFICATION TO THE REDEVELOPMENT PLAN FOR THE DOWNTOWN CENTRAL BUSINESS REDEVELOPMENT PROJECT AND A TAX INCREMENT FINANCING PLAN FOR THE CENTRAL VALU CENTER TAX INCREMENT FINANCING DISTRICT CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY. P & Z Minutes Page 4 October 4, 2016 WHEREAS, the Columbia Heights Economic Development Authority (the "EDA ") and the City of Columbia Heights (the "City ") have proposed to adopt a Modification to the Redevelopment Plan for the Downtown Central Business Redevelopment Project and a Tax Increment Financing Plan for the Central Value Center Tax Increment Financing District therein (together, the 'Plans ") and have submitted the Plans to the City Planning Commission (the "Commission ") Pursuant to Minnesota Statutes, Section 469.175, Subd. 3, and WHEREAS, the Commission has reviewed the Plans to determine their conformity with the general plans for the development and redevelopment of the City as described in the comprehensive plan for the City. NOW, THEREFORE, BE IT RESOLVED by the Commission that the Plans conform to the general plans for the development and redevelopment of the City as a whole. Dated: October 4, 2016 Chair ATTEST: Secretary Holmbeck told members that staff has received an application for the November meeting which is currently being reviewed. She reminded members that the meeting would be held on November 1 s`. The meeting was adjourned at 7:20 pm. Respectfully submitted, Shelley Hanson Secretary CASE NUMBER: DATE: TO: APPLICANT: LOCATION: REQUEST: PREPARED BY: INTRODUCTION CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT 2016 -1101 October 27, 2016 Columbia Heights Planning and Zoning Commission Brian Beaufeaux, IAE Leasing, LLC. 101644 1h Avenue NE., Columbia Heights, MN 55421 Minor Subdivision Elizabeth Holmbeck, City Planner At this time, Brian Beaufeaux on behalf of IAE Leasing, LLC has requested a Minor Subdivision per City Code Section 9.104 (k), for the subject property located at 1016 44th Avenue NE. The applicant wishes to split the existing residential lot into two residential lots. The current lot is 19,600 sq. ft. (70' wide X 280' long). Currently, there is a single family home on the northern portion of the lot, and a detached garage on the southern end of the lot. The property has been recently sold and the new owner is proposing to subdivide the existing lot to allow for future residential development on the newly created lot. The proposed subdivision meets the guidelines in the Zoning Code. A narrative provided by the applicant is attached. ZONING ORDINANCE The subject property is located in the R -2A, One and Two - Family Residential District, as are the properties to the north. The properties to the south, east and west, are located in the R -2A One and Two Family District, the R -26, Built as Duplexes District and R -3, Multiple Family District. ufi VI LL 4410 uoo m o o -Id I R R 44TH AVE Subject Property u I4 FIT 94M u I4 FIT City of Columbia Heights Planning and Zoning Commission Planning Report November 1, 2016 Page 2 COMPREHENSIVE PLAN The Comprehensive Plan guides this area for low density residential development. According to the City's Comprehensive Plan, low density residential development is defined as single family detached, and single family attached dwellings (twin- homes /duplexes). DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District. SITE PLAN The applicant has submitted a survey of the existing conditions and legal description for the site, and a survey showing the two subdivided lots and proposed legal descriptions. The proposed subdivision of land meets the City's Zoning Ordinance in terms of lot size and lot width to approve a subdivision for the property. FINDINGS OF FACT Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: I. The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in two conforming lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. No vacation of existing easements will occur as a result of the minor subdivision. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The newly created lots will both conform to the lot width and lot area requirements established for the property for the property's zoning designation. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. This is correct. 5. The property has not previously been divided through the minor subdivision provisions of this article. This is correct. 6. The proposed subdivision does not hinder the conveyance of land. City of Columbia Heights Planning and Zoning Commission November 1, 2016 Planning Report Page 3 This is correct. 7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. This is correct. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. This is correct. RECOMMENDATION Staff review finds that the application meets the requirements of the Zoning Ordinance. Staff recommends that the Planning and Zoning Commission approve the proposed minor subdivision for the property located at 1016 44th Avenue NE., Columbia Heights, MN 55421. Motion: Move to wave the reading of Resolution NO. 2016 -104, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the minor subdivision of the property located at 1016 44th 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. The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. 2. The applicant shall meet the requirements outlined in the report from the Public Works Director /City Engineer dated October 26th, 2016. 3. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. ATTACHMENTS Resolution No. 2016 -104 Application Applicant's Narrative Location Map Public Works Report Dated: October 26, 2016 Existing Conditions Survey Proposed Subdivision Survey RESOLUTION NO. 2016-104 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Minor Subdivision in accordance with City Code Section 9.104 (k), for the property located at 1016 44th Avenue NE. Whereas, a proposal (Case # 2016 -1101) has been submitted by Brian Beaufeaux on behalf of IAE Leasing, LLC to the City council requesting approval of a minor Subdivision from the City of Columbia Heights at the following site: ADDRESS: 1016 44th Avenue NE. LEGAL DSCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Minor Subdivision approval per City Code Section 9.104 (k). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 1, 2016; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Minor Subdivision 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 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows: I. The proposed subdivision of land will not result in more than three lots. 2. The proposed subdivision of land does not involve the vacation of existing easements. 3. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. 4. The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. 5. The property has not previously been divided through the minor subdivision provisions of this article. 6. The proposed subdivision does not hinder the conveyance of land. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. 8. The proposed subdivision meets all of the design standards specified in Section 9.115. City of Columbia Heights - Council Resolution Page 2 Further, be it resolved, that the attached plans, maps, and other information shall become part of this Minor Subdivision Approval; and in granting approval the City and the applicant agree that the Minor Subdivision shall become null and void if the Subdivision has not been filed with the Anoka county Recorder's Office within one (1) calendar year after the approval date. CONDITIONS 1. The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder's Office. The approved minor subdivision will become invalid if the subdivision is not filed with the Anoka County recorder's Office within one year of the date of City Council action. 2. The applicant shall meet all the requirements outlined in the report from the Public Works Director /City Engineer dated October 26`", 2016. 3. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. Passed this 7`h day of November, 2016 Offered by: Seconded by: Roll Call: Attest: Katie Bruno, City Clerk /Council Secretary ORDER OF COUNCIL Gary L. Peterson, Mayor CITY OF COLUMBIA HEIGHTS MINOR SUBDIVISION (LOT SPLIT) APPLICATION To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(J) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION: DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: To be filled out by Applicant: PROJECT ADDRESS/LOCATION: { v (�, '� A V'r LEGAL DESCRIPTION OF F PRESENT USE OF PROPERTY: PROPOSED USE OF 0 ch separate page if necessary): c, k L 'fit st V7 Vc7 ; a N L "L!. r 6ti I E �:A,M, Lt.,, 1-ic=n (.,L, t L_D A 3r' *"�:RutIL DOES THE PROPOSED LOT SPLIT CREATE A BUILDABLE LOT? i YES NO Ho m i=. REASON FOR REQUEST (please attach a written narrative that describes how the proposed subdivision will be comparable to those lots already existing in the immediate neighborhood. There are some platted residential lots within the City that are different than the current standards. In reviewing requests for approval of lot splits in such areas, the City is particularly interested in determining that the lots to be created will be consistent with the character of the surrounding area.) APPLICANT 15e-4r) a� iaJC PHONE t`�Z �'15-Z`7ZJAX E -MAIL 313 f�:tT��?wC �1%iE����;N4 Cc;k PAGER CELL #6&4Z) A5 -2927 ADDRESS '3<:5�569 LAY, A� 'tit CITY C,A(4.'i; -CL64T FEE OWNER OF PROPERTY STATE '1 ZIP 5sm 3 �--A t ti �c_fiiriG,, ADDRESS k S ��hi� ��iT /�L`C JJrPHONE��� Sd5-Z92 ?FAX CITY C tX--- Fes„- %3Jf„t STATE VAV\ ZIP Page 1 of 2 CITY OF COLUMBIA HEIGHTS MINOR SUBDIVISION (LOT SPLIT) APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. A. Application Checklist ~ I I U N B. Schedule of Planning and Zoning Commission Meetings ITEMS TO ACCOMPANY LOT 'APPLICATION A. Application submitted as required in the attached application checklist, showing how the property is to be split. APPLICATION FEES: A. $275 Lot Split TOTAL AMOUNT RECEIVED $ 2-7r, pp CITY RECEIPT NUMBER (¢r j 3 DATE RECEIVED _cam. 1 30/j C0 Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: V DA NATURE (If different from Applicant) DA" v -1cvwCU. LUUb Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 9/28/2016 Brian Beaufeaux IAE Leasing, LLC. 30589 University Ave NE Cambridge, MN 55008 Elizabeth Holmbeck City Planner, City of Columbia Heights Community Development Department 59040t^ Avenue NE Columbia Heights, MN 55421 Dear Ms. Holmbeck IAE Leasing is submitting an application to split the lot located at 1016 44t^ Ave NE per the attached survey dated 9/8/16. IAE Leasing is currently upgrading the house located on "Parcel A" and plans on selling it this fall. If the lot split is approved, we plan on building a two family home on "Parcel B" or selling "Parcel B" for development by others. IAE Leasing submits the following findings: a) The proposed subdivision of land will result in two lots. b) The proposed subdivision of land does not involve the vacation of existing easements. C) Both lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. d) The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. Parcel A has access to 40 Ave NE and Parcel B has access to 43'/: Ave NE. e) The property has not previously been divided through the minor subdivision provisions of article 1: Zoning and Land Development. f) The proposed subdivision does not hinder the conveyance of land. g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. h) The proposed subdivision meets all of the design standards specified in 9.109 Residential Districts. Please do not hesitate to contact me if you have any questions or need additional information to start the review process. Sincerely, Brian Beaufeaux Chief Manager IAE Leasing, LLC. A 1016 44th Ave. NE. 44TH A VL N 4357 I It'll. pllI1.Sp,nF.f2a,4 CITY OF COLUMBIA HEIGHTS Public Works Department TO: ELIZABETH HOLMBECK, CITY PLANNER FROM: KEVIN HANSEN PUBLIC WORKS DIRECTOR /CITY ENGINEER DATE: October 26, 2016 SUBJECT: 101644 1h Avenue I have reviewed the lot split request dated 08/11/16, and have the following requirements /comments: • This property as well as neighboring properties is in a low spot, as determined from contour information. The low spot experiences major localized flooding during storm events. • Any future building development on the proposed lot will need to be above the 100 -year flood elevation to prevent future flooding of the new structure. • Staff recommends removal of the existing garage as it is in the area that experiences flooding. • No additional fill may be brought on to the property — the area that floods should be left as low, or lower than the area as the surrounding properties. Any excess fill developed from the construction of a home shall be removed from the property. • Any new buildings on the 43 -1/2 side should be kept as far south or toward the street as code allows - to maintain the existing area that is subject to flooding. If you have any questions or need further information, please contact me at (763) 706 -3705. C: Lauren Letsche, Stormwater Specialist Kathy Young, Assistant City Engineer KH:kh CH COLUMBIA HEIGHTS CITY OF COLUMBIA HEIGHTS PLANNING AND ZONING COMMISSION PLANNING REPORT CASE NUMBER: 2016 -1102 DATE: October 28, 2016 TO: Columbia Heights Planning and Zoning Commission APPLICANT: Brian Beaufeaux, IAE Leasing, LLC. LOCATION: 101644 1h Avenue NE., Columbia Heights, MN 55421 REQUEST: Conditional Use Permit PREPARED BY: Elizabeth Holmbeck, City Planner INTRODUCTION At this time, Brian Beaufeaux on behalf of IAE Leasing, LLC is requesting a Conditional Use Permit per Code Section 9.109 (F) (3) to allow a two - family dwelling to be built on the property located at 1016 44th Avenue NE. IAE Leasing, LLC has recently purchased the property and is applying to have the lot subdivided to allow for future development of a two - family dwelling on the newly created southern lot. The proposed Conditional Use Permit meets the guidelines in the Zoning Code. A narrative provided by the applicant is attached. ZONING ORDINANCE The subject property is located in the R -2A, One and Two - Family Residential District, as are the properties to the north. The properties to the south, east and west, are located in the R -2A One and Two Family District, the R -26, Built as Duplexes District and R -3, Multiple Family District. i`a:�s $ve.bmx M10 aoo 44TH AVF COMPREHENSIVE PLAN The Comprehensive Plan guides this area for low density residential development. According to the City's Comprehensive Plan, low density residential development is defined as single family detached, and single family attached dwellings (twin- homes /duplexes). The proposed City of Columbia Heights Planning and Zoning Commission November 1, 2016 Planning Report Page 2 Conditional Use Permit to allow for a two - family dwelling is consistent with the intent of the Comprehensive Plan. DESIGN GUIDELINES The subject property is not located in the Design Guideline Overlay District. 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: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. Two - Family dwellings are specifically listed as a Conditional Use in the R -2A, One and Two - Family Residential Zoning District. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan designates this area for residential uses. The use is consistent with the intent of the Comprehensive Plan as the Conditional Use Permit allows for Two - Family residential development. (c) The use will not impose hazards or disturbing influences on neighboring properties. The proposed use is defined as low- density residential and should not disrupt neighboring properties. In order to mitigate any potential disturbances, the City's Zoning Code outlines Specific Development Standards 9.107 (C) (52) and General Provisions 9.109 that address Two - Family Residential Development. (d) 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 residential development at 1016 44`h Avenue NE. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Since the surrounding area is currently comprised of a mix of single family, two family and multiple family residential, it is anticipated that the use will be compatible with the existing and intended character of the surrounding area. Additionally, the applicant will have to abide by specific development standards, construction and engineering standards as they relate to any future development on the lot. These standards will help ensure compatibility with the appearance of the existing surrounding area. City of Columbia Heights Planning and Zoning Commission November 1, 2016 Planning Report Page 3 (f) The use and property upon which the use is located are adequately served by essential public facilities and services. This is correct (g) 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. This is correct (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. Since the surrounding area is currently comprised of a mix of single family, two-family and multiple family residential, it is anticipated that the use will be compatible with the surrounding area and not cause a negative cumulative effect on other uses in the surrounding area. (i) The use complies with all other applicable regulations for the districts in which it is located. This is correct. RECOMMENDATION Staff review finds that the application meets the requirements of the Zoning Ordinance. Staff recommends that the Planning and Zoning Commission approve the proposed Conditional Use Permit for the property located at 1016 44th Avenue NE., Columbia Heights, MN 55421. Motion: Move to wave the reading of Resolution NO. 2016 -105, there being ample copies available to the public. Motion: That the Planning and Zoning Commission recommends that the City Council approve the conditional use permit for the property located at 1016 44th 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: I. The applicant shall meet the requirements outlined in the report from the Public Works Director /City Engineer dated October 26th, 2016. 2. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. The garage must be removed before any future development can occur on the lot. 3. Before a Building Permit can be obtained for future residential development, the property owner must meet with City Engineering Staff to address localized flooding concerns. Any new development will be required to meet any Engineering requirements that are deemed necessary to mitigate future flooding, or soil erosion. City of Columbia Heights Planning and Zoning Commission Planning Report November 1, 2016 Page 4 4. Future Two - Family Residential development that occurs on the lot must adhere to the City's Zoning Code requirements. The development is required to provide enclosed parking spaces that meet City requirements. Any outdoor, off - street parking areas containing six or more parking spaces must be screened with landscaping and /or fencing from adjacent residential properties per City Code requirements. 5. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 6. All other applicable local, state, and federal requirements shall be met at all times. ATTACHMENTS Resolution No. 2016 -105 Application Applicant's Narrative Location Map Public Works Report Dated: October 26, 2016 RESOLUTION NO. 2016-105 A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit in accordance with City Code Section 9.109 (F) (3), for the property located at 1016 44th Avenue NE. Whereas, a proposal (Case # 2016 -1102) has been submitted by Brian Beaufeaux on behalf of IAE Leasing, LLC to the City council requesting approval of a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 1016 44th Avenue NE. LEGAL DSCRIPTION: On file at City Hall. THE APPLICANT SEKS THE FOLLOWING: Conditional Use Permit approval per City Code Section 9.109 (F) (3). Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on November 1, 2016; 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 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: (a) The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. (b) The use is in harmony with the general purpose and intent of the Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. (d) The use will not substantially diminish the use of the property in the immediate vicinity. (e) The use will be designed, constructed, operated, and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. (g) 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. City of Columbia Heights - Council Resolution Page 2 (h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. (i) 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 Approval. CONDITIONS I. The applicant shall meet the requirements outlined in the report from the Public Works Director /City Engineer dated October 26th, 2016. 2. The applicant is required to remove the existing garage on the south end of the current lot within 6 months from the dated of City Council action. The garage must be removed before any future development can occur on the lot. 3. Before a Building Permit can be obtained for future residential development, the property owner must meet with City Engineering Staff to address localized flooding concerns. Any new development will be required to meet any Engineering requirements that are deemed necessary to mitigate future flooding, or soil erosion. 4. Future Two - Family Residential development that occurs on the lot must adhere to the City's Zoning Code requirements. The development is required to provide enclosed parking spaces that meet City requirements. Any outdoor, off - street parking areas containing six or more parking spaces must be screened with landscaping and /or fencing from adjacent residential properties per City Code requirements. 5. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 6. All other applicable local, state, and federal requirements shall be met at all times. Passed this 7th day of November, 2016 Offered by: Seconded by: Roll Call: Attest Katie Bruno, City Clerk /Council Secreta ORDER OF COUNCIL Gary L. Peterson, Mayor CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION To be filled out by City: CASE NO.: APPLICABLE ORDINANCE NO.: 9.104(H) PRESENT ZONING: PRESENT LAND USE PLAN DESIGNATION: To be filled out by Applicant: PROPOSED NAME OF DEVELOPMENT: DATE RECEIVED: DATE OF LETTER OF COMPLETION: APPROVAL DATE PER STATUTE: REVIEW PERIOD EXTENDED: PROJECT ADDRESS /LOCATION: [polo ,, 4 � Avs r4-c l 7A e er- L B LEGAL DESCRIPTION�F PROPERTY INVOLVED (attach tggr "?r/t'Z7 d WgS' 10, 0 Firra- PRESENT USE OF PROPERTY: PROPOSED USE OF PROPERTY: r G A N.r t:nK1, page if necessary: U 1 O G�Z +� 1 Grn t, REASON FOR REQUEST (please attach a written narrative describing the intended use of the property and justification for your request. Describe any modifications and /or limitations of the use that have been made to insure its compatibility with surrounding uses and with the purpose and intent of the Zoning Ordinance and the Comprehensive Plan.) APPLICANT .LAS (�-�Q51t-1t% PHONE (o1L g� Z9Z.'1 FAX E-MAIL 5 ti 4l.rr' 4 A "X -T Ltd IAS1 >a415AGE CELL # 6,IZ SKIS Z9'Ll ADDRESS ?joS$i U14,Vt2SIT�, CITY VE tj C tS ki, STATE FEE OWNER OF PROPERTY ADDRESS CITY PHONE STATE Page 1 of 2 U1 v., ZIP FAX wFz SS (X V CITY OF COLUMBIA HEIGHTS CONDITIONAL USE APPLICATION THIS APPLICATION IS SUBJECT TO ACCEPTANCE BY THE CITY PLANNER AND REVIEW OF APPLICATION AND NECESSARY MATERIALS BEING SUBMITTED. ENGINEERING APPROVAL MAY ALSO BE REQUIRED AND MUST MEET ENGINEERING REQUIREMENTS SET BY THE CITY ENGINEER OR CONTAINED IN THE CITY CODE. ITEMS TO BE GIVEN TO APPLICANT WITH APPLICATION A. Application Checklist B. Schedule of Planning and Zoning Commission Meetings A. Submittals as required in the attached application checklist, detailing what is proposed for the property. B. Two copies of a list of property owners within 350 feet of the subject property. APPLICATION FEES: A. $200.00 Conditional Use Permit Fee TOTAL AMOUNT RECEIVED CITY RECEIPT NUMBER (o y 3 t 3 DATE RECEIVED 9 /3oh Acknowledgement: The undersigned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the State of Minnesota: SIGNA 1.30116 PROPERTY OWNER SIGNATURE (If different from Applicant) DATE I I vu I.LJC. Li.-_ /C/3 I COMMUNITY DEVELOPMENTS AFF MEMBER AND TITLE DATE Revised: 2006 Approved by the Columbia Heights Planning Commission on Approved by the Columbia Heights City Council on Page 2 of 2 9/28/2016 Brian Beaufeaux IAE Leasing, LLC. 30589 University Ave NE Cambridge, MN 55008 Elizabeth Holmbeck City Planner, City of Columbia Heights Community Development Department 590 401h Avenue NE Columbia Heights, MN 55421 Dear Ms. Holmbeck IAE Leasing is submitting an application to split the lot located at 1016 441h Ave NE per the attached survey dated 9/8/16. IAE Leasing is currently upgrading the house located on "Parcel A" and plans on selling it this fall. If the lot split is approved, we plan on building a two family home on "Parcel B" or selling "Parcel B" for development by others. IAE Leasing submits the following findings: a) The proposed subdivision of land will result in two lots. b) The proposed subdivision of land does not involve the vacation of existing easements. c) Both lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. d) The proposed subdivision does not require the dedication of public rights -of -way for the purpose of gaining access to the property. Parcel A has access to 441h Ave NE and Parcel B has access to 43'/: Ave NE. e) The property has not previously been divided through the minor subdivision provisions of article 1: Zoning and Land Development. f) The proposed subdivision does not hinder the conveyance of land. g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. h) The proposed subdivision meets all of the design standards specified in 9.109 Residential Districts. Please do not hesitate to contact me if you have any questions or need additional information to start the review process. Sincerely, 4TiA..,,, -&H Brian Beaufeaux Chief Manager IAE Leasing, I.I.C. CITY OF COLUMBIA HEIGHTS Public Works Department TO: ELIZABETH HOLMBECK, CITY PLANNER FROM: KEVIN HANSEN PUBLIC WORKS DIRECTOR /CITY ENGINEER DATE: October 26, 2016 SUBJECT: 101644 th Avenue I have reviewed the lot split request dated 08/11/16, and have the following requirements /comments: • This property as well as neighboring properties is in a low spot, as determined from contour information. The low spot experiences major localized flooding during storm events. • Any future building development on the proposed lot will need to be above the 100 -year flood elevation to prevent future flooding of the new structure. • Staff recommends removal of the existing garage as it is in the area that experiences flooding. • No additional fill may be brought on to the property —the area that floods should be left as low, or lower than the area as the surrounding properties. Any excess fill developed from the construction of a home shall be removed from the property. • Any new buildings on the 43 -1/2 side should be kept as far south or toward the street as code allows - to maintain the existing area that is subject to flooding. If you have any questions or need further information, please contact me at (763) 706 -3705. C: Lauren Letsche, Stormwater Specialist Kathy Young, Assistant City Engineer KH:kh