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HomeMy WebLinkAbout09-06-2016 Minutes MINUTES OF PLANNING AND ZONING COMMISSION SEPT 6, 2016 7:00 PM The meeting was called to order at 7:00 pm by Chair Szurek. Commission Members present- Buesgens, Fiorendino, Schill, Hoium, 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 July 5, 2016. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2016-0901 APPLICANT: John Brehm, Hy-Vee LOCATION: 4300 Central Avenue REQUEST: Site Plan Approval Holmbeck told members that John Brehm, on behalf of Hy-Vee, Inc., has applied for Site Plan Review. The applicant is proposing to renovate the existing commercial strip center located at 4300 Central Avenue NE., Columbia Heights, MN 55421. The proposal includes renovating the interior of the existing building, and incorporating a new façade. Additionally, a number of exterior site improvements are proposed including renovation of the parking lot and landscape improvements. The applicant is proposing rebuild a portion of the west facing wall to add an additional 3,790 square feet for off-street loading purposes. The existing building is 140,281 square feet. The renovated building will be 144,071 square feet. The south facing wall will be modified to accommodate a grocery and pharmacy pick-up drive thru. A narrative provided by the applicant, was enclosed in the agenda for review. Holmbeck went on to review how the application meets the Zoning Ordinance, Comprehensive Plan, and Design Guidelines along with the details of the Site Plan. ZONING ORDINANCE The property located at 4300 Central Avenue NE., is located in the General Business Commercial Zoning District. The properties to the north and south are located in the Limited Business Zoning District, the R-2A, One and Two-Family Residential Zoning District, and the R-2B, Built as Duplexes Residential Zoning District. The properties to the west are located in the R-2A, One and Two Family Residential Zoning District and the R- 2B, Built as Duplexes Zoning District. The properties to the east are located in the General Business Commercial Zoning District. COMPREHENSIVE PLAN The Comprehensive Plan guides this property for commercial uses. Renovating the vacant un-used portion of the commercial building to be re-used as a retail grocery store is consistent with the goals and intent of the comprehensive Plan. P & Z Minutes Page 2 Sept 6, 2016 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 intent of the Design Guidelines is to make the City more aesthetically appealing, by requiring a set of minimum standards for new construction along Central Avenue th and 40 Avenue. The minimum standards were created by a task force of City Officials, business owners and residents, and adopted into the City Code by the City Council. In general, the proposed buildings meet the design guidelines. Signage will be addressed when the property owner or tenant applies for a Sign Permit. Signage must be consistent with Design Guidelines and with City Code. The following components are requirements of the Design Guidelines Highway District and how the applicant has attempted to meet the guidelines:  Buildings may be set back a maximum of 85 feet from the sidewalk, in order to allow for two rows of parking and drive aisles plus landscaped frontage. The proposed building does not meet this guideline as it is located 453’ feet from the property line along Central Avenue. The Design Guidelines do allow for exceptions in the cases where topography or other physical conditions would prevent parking areas from being located to the rear of the building. The developer is proposing to renovate the existing structure which is located much farther from the street and pre-dates the City’s Design Guidelines.  The primary facade(s) of buildings of 40 feet or more in width should be articulated into smaller increments through the techniques such as using of different textures or contrasting, but compatible, materials; dividing storefronts with separate display windows and entrances or incorporating arcades, awnings, window bays, balconies or similar ornamental features. The proposed building meets this guideline. The building is articulated into smaller increments with divided storefronts which define the different elements of the store and existing businesses.  Building height shall be a minimum of 22 feet. The proposed building meets this guideline. The building will be 26’10” at the lowest façade, and 35’2” at the highest façade.  Where commercial or office uses are found on the ground floor, at least 20 percent of the ground floor facade fronting Central Avenue and 15 percent of any two side or rear facades shall consist of window and door openings. The proposed plan meets this guideline on the front and sides of the building, however there are no windows shown on the rear side of the building.  The building should have a well-defined front facade with primary entrances facing the street. The proposed building will have a well-defined front façade, with the primary entrance facing Central Avenue.  Building colors should accent, blend with, or complement surroundings. The colors that are proposed are neutral, coincide with the company’s recognizable grocery brand, and should complement the surrounding area. P & Z Minutes Page 3 Sept 6, 2016  No more than two principal colors may be used on a façade or individual storefront. Bright or primary colors should be used only as accents, occupying a maximum of 15 percent of building facades, except when used in a mural or other public art. The proposed building will consist of two primary colors: Maison Blanche and Nantucket Dune (two shades of beige) and Rustic Red (red). The plans also show accent awnings/window coverings to be green.  All buildings should be constructed of high-quality materials, including the following: Brick, Natural Stone, Stucco Precast concrete units and concrete block, provided that surfaces are molded, serrated or treated with a textured material in order to give the wall surface a three dimensional character. Jumbo brick may be used on up to 30 percent of any façade, provided that it is used only on the lower third of the building wall. The proposal meets this guideline. The building will be refaced with brick and stucco precast concrete panels.  Architectural details such as ornamental cornices, arched windows and warm-toned brick with bands of contrasting color are encouraged in new construction. The proposal generally meets the intent of this guideline.  Parking areas adjacent to public streets or sidewalks shall be screened with a combination of landscape material and decorative fencing or walls sufficient to screen parked cars on a year-round basis while providing adequate visibility for pedestrians. The proposed landscape plan includes a variety of trees (canopy, understory and evergreens) to be planted around the perimeter of the site, which meets the City’s Landscaping requirements and will provide adequate screening. SITE PLAN 1.Parking The proposed plan identifies 692 parking stalls for the entire site. Staff believes this number is adequate, as it exceeds the minimum zoning requirement. For retail sales and service establishments, the Zoning Code requires 1 parking space per 300 sq. ft. of gross floor area. 2.Access rdth The site will be primarily served by access points off Central Avenue onto 43 and 44 Avenue NE. The rdth property itself will be served by three entrances off 43 Avenue NE., and three entrances off 44 Avenue NE. 3.Landscape The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing to plant trees and shrubs which will complement the layout of the development. A seasonal garden center is proposed to be located on the southeast corner of the site. The property currently has a Conditional Use Permit for seasonal outdoor sales. 4.Lot Dimension, Height and Setback Requirements The proposed plan meets the lot dimension, height, and setback requirements. P & Z Minutes Page 4 Sept 6, 2016 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: a.The Site Plan conforms to all applicable requirements of this article. The applicable Zoning Code requirements are achieved. b.The Site Plan is consistent with the applicable provisions of the City’s Comprehensive Plan. The Comprehensive Plan guides this area for commercial development. The proposed Site Plan for the property is consistent with the intent of the Comprehensive Plan. c.The Site Plan is consistent with any applicable area plan. There is no area plan for this parcel. d.The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right- of-way. The proposed Site Plan for meets all the minimum setback requirements and general development standards outlined in the Zoning Code. Therefore, the properties in the immediate vicinity of the proposed development should not be adversely impacted. Staff recommends approval of the proposed Site Plan for the Hy-Vee grocery store to be located at 4300 Central Avenue NE. Questions/comments from members: Buesgens asked the applicant if they were purchasing the entire site, what they planned for storm water rd drainage, and if they were aware that there will be a great deal of pedestrian traffic , especially along 43 Avenue. John Brehm, from Hy-Vee answered that they are purchasing the whole site, that they will use the existing storm water drainage system, and they will work to make it pedestrian friendly. She asked if they would be adding any rain garden areas, and he said they did not plan to at this time. Fiorendino questioned how traffic would flow on the site, and wanted details on the existing retaining walls since the City Engineer recommended leaving them in place. Brehm told members that they plan to add a grocery and pharmacy pick up area on the south side of the building. He went on to review how they want traffic to flow on the property. He said delivery trucks should be entering the delivery bays on the west side of thrd the building from 44 Avenue. Brehm said they will probably be exiting to 43 Avenue and that a curb cut on rd 43 Avenue will be added and the other one widened so that trucks will be able to make the swing without impacting residential properties to the south. Brehm told members that after meeting with Kevin Hansen, Public Works Director, they have decided to leave th the retaining wall along 44 Avenue intact, especially the NE corner. However, they plan on altering the wall along Central Avenue to soften the appearance and improve the visibility to the shopping center. They plan to terrace it down and add landscaping to make the elevation change more gradual. He went on to say they will mill and overlay the entire parking lot and change out the lighting. The front fascade on the entire building will be re-done and the front sidewalk will have no curb. P & Z Minutes Page 5 Sept 6, 2016 Fiorendino asked about relocating the Garden Center to the SE corner of the site. Brehm said he is aware that they will have to amend the existing CUP to relocate the Garden Center. He said that ACE Hardware has had the rights to operate their garden center the last few years and that they will work it out with them, but the plan is to relocate it. Public Hearing was Opened. Sue Lowe from 4256 Jackson St. said she is happy they will be locating their store at the site. However, she rd was concerned with truck traffic along 43 Avenue and their ability to navigate the turns in and out of the shopping center without coming onto her property. She also was concerned with garbage smells from the rd dumpsters. Brehm said that widening the curb cuts along 43 Avenue should help with trucks exiting the site. He also showed her where the garbage compactors would be located, which are further north than they used to be so that should improve that situation also. Holmbeck told members that the delivery hours are among the conditions for approval. Joyce Shellito from 403 Summit St. thanked the Hy-Vee representatives for locating a store in Columbia Heights. nd Rochell Lathen from 946 42 Avenue is excited for the store to open and appreciated that they will be open 24 hours a day and will also serve breakfast. Kelly Dunn from 4257 Jackson St bought her house to be near a grocery store, so she is happy they will be locating there. She had concerns with the roof and roof top units as the existing ones are very noisy. Brehm told her that they will be replacing the roof membrane and all the rooftop units will be replaced and will be screened. He said the equipment they normally use is more quiet than older units and that they can adjust fan speeds to lessen the noise. Schill asked if everything will be roof mounted. Brehm said all HVAC and compressors would be on the roof. Brehm also said they are hoping to start construction in 2017. The Public Hearing was closed. Fiorendino wanted to add language to Condition #5 to add the word “sound” to the clause minimize the visual and sound impact on adjacent properties. Motion by Buesgens, seconded by Fiorendino, to waive the reading of Resolution No. 2016-PZ04, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens , seconded by Fiorendino, to adopt Resolution No. 2016—PZ04, being a resolution approving a Site Plan, for the proposed Hy-Vee Grocery Store, subject to the following conditions: 1.The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2.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. P & Z Minutes Page 6 Sept 6, 2016 3.There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 4.All exterior lighting shall be downcast as not to adversely impact neighboring residential properties. 5.Mechanical equipment shall be placed and/or screened so as to minimize the visual and sound impact on adjacent properties and from public streets. 6.The applicant shall meet the requirements outlined in the attached report from the Public Works Director/City Engineer, dated August 22, 2016. 7.Applicant will install a guardrail along the west property line to mitigate further damage to the City’s fence surrounding Jackson Pond. 8.All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 9.Site and elevation plans included in this submittal, dated August 1, 2016 shall become part of this approval. 10.Any requirements outlined by the Minnesota Department of Transportation must be met (MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 11.All other applicable local, state, and federal requirements shall be met at all times. All ayes. MOTION PASSED. RESOLUTION NO. 2016-PZ04 A Resolution of the Planning and Zoning Commission for the City of Columbia Heights, Minnesota, Whereas, a proposal (Case # 2016-0901) has been submitted by John Brehm on behalf of Hy-Vee, Inc. to the Planning and Zoning Commission requesting Site Plan Approval from the City of Columbia Heights at the following site: Address: 4300 Central Avenue NE., Columbia Heights, MN 55421 Legal Description: On file at City Hall. The applicant seeks the following: Site Plan Approval for a proposed renovation of the commercial building located at 4300 Central Avenue NE. Whereas, the Planning and Zoning Commission has held a public hearing as required by the City’s Zoning Code, on th September 6, 2016. Whereas, the Planning and Zoning Commission has considered the advice and recommendations of City Staff 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 Now, therefore, in accordance with the foregoing, and all Ordinances and regulations of the City of Columbia Heights, the Planning and Zoning Commission of the City of Columbia Heights makes the following: FINDINGS OF FACT 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city’s comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. P & Z Minutes Page 7 Sept 6, 2016 Further, be it resolved, that the attached conditions, maps, and other information shall become part of this approval; and in granting this approval the City and the Applicant agree that this Site Plan 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. 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. 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. 3. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 4. All exterior lighting shall be downcast as not to adversely impact neighboring residential properties. 5. Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets. 6. The applicant shall meet the requirements outlined in the attached report from the Public Works Director/City Engineer, dated August 22, 2016. 7. Applicant will install a guardrail along the west property line to mitigate further damage to the City’s fence surrounding Jackson Pond. 8. All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 9. Site and elevation plans included in this submittal, dated August 1, 2016 shall become part of this approval. 10. Any requirements outlined by the Minnesota Department of Transportation must be met (MNDOT review pending). Any comments from MNDOT will be forwarded over to the applicant and will become part of this approval. 11. All other applicable local, state, and federal requirements shall be met at all times. Passed this 6 th day of September , 2016 Offered by: Buesgens Seconded by: Fiorendino Roll Call: All Ayes Marlaine Szurek, Chair Attest: Shelley Hanson, Secretary P & Z Minutes Page 8 Sept 6, 2016 CASE NUMBER:2016-0902 APPLICANT:Thomas Brama, Property Owner DEVELOPMENT:Preliminary Plat of T3 Addition for Thomas Brama II LOCATION:4400 Stinson Blvd. NE. REQUEST:Preliminary Plat Approval with a Waiver to City Code Holmbeck told members that Thomas Brama has requested approval of a Preliminary Plat and a Waiver for the property located at 4400 Stinson Blvd. NE. The site is currently comprised of 2 lots. The applicant is proposing to remove the existing lot line, and re-plat the property to result in seven single family residential lots. Once the plat has been approved, the applicant is proposing to keep the existing home on one of the newly created lots and build 6 new single family residential homes on the remaining newly created lots. This proposal requires a waiver to City Code, Section 9.115 to allow proposed lots 4, 5, 6, and 7 to have reduced lot widths. 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 two lots. The properties are located in the R1, Single Family Residential Zoning District. The properties to the north, south and west are also located in the R1, Single Family Residential Zoning District. The properties to the east are located in the City of St. Anthony. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Low Density Residential Development. The City’s Comprehensive Plan aims to identify new areas that can support single family housing and to encourage newer higher valued housing opportunities to provide move-up housing for existing and new residents. Re-platting the property to allow for the construction of new single family homes is consistent with the City’s Comprehensive Plan. 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. 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: P & Z Minutes Page 9 Sept 6, 2016 (a)The proposed preliminary plat conforms with the requirements of § 9.115. The proposed Preliminary Plat does not meet certain items under the Subdivision Ordinance (See nd attached memo from the City Engineer dated August 22, 2016). A waiver to Section 9.115 is requested to allow lots 4, 5, 6, and 7 to have reduced lot width. Proposed lot widths include: Lot 4: 52 Feet Lot 5: 62 Feet Lot 6: 62 Feet Lot 7: 52 Feet (b)The proposed subdivision is consistent with the comprehensive plan. This is correct. The Comprehensive Plan guides this area for low-density Residential. (c)The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Staff recommends that the Planning and Zoning Commission approve the proposed Preliminary Plat with a Waiver to Section 9.115 of City Code to allow four reduced lot widths for the property located at 4400 Stinson Boulevard NE. Staff will work with the applicant to ensure that all the items listed in the attached Public Works Director’s report are addressed before the Final Plat goes to the City Council for final approval at a later date. Holmbeck explained they have one year to finalize the plat and to record with Anoka County. Questions/comments by members: Fiorendino asked what the rationale was for creating 4 lots across the front and not 3. He asked if there was a hardship requirement to grant a waiver to City Code. Holmbeck explained this is a waiver, not a variance so a hardship is not necessarily required. The City Council would have to approve whether they want to deviate from the City Code in place after they consider whether it benefits the City as a whole or if geography dictates an exception to the rules in place. Fiorendino asked if there would be a homeowner’s association created to ensure that maintenance and shared driveway access is detailed. Brama stated there would be. Hoium said the proposed lot widths are a concern to him. Buesgens was concerned with the City Engineer’s memo. Holmbeck explained that is addressed in the conditions of the approval motion and Resolution. Public Hearing was Opened. th Thomas Brama from 3302 39 Avenue, St. Anthony, is the applicant. He and his Engineer Tim Egritch were present. He said he is proposing 4 lots across the front based on the geography of the lot, including a large hill and several retaining walls that will have to be constructed to make the lots buildable. He said the cost of constructing the walls are significant and the extra lot across the front will help recoup some of that expense. Brama told members that even though the lot widths are narrower than required, he still meets the overall minimum square footage required because the lots are deeper. P & Z Minutes Page 10 Sept 6, 2016 Brama said that 6 new single family homes, (plus the existing home), will be constructed near the beach and park and will make them very desirable. He plans on leaving as much of the natural landscaping and woods as possible. Buesgens asked Brama to explain to the audience his reasoning for smaller lots and the type of home he plans on constructing. Brama told members that he plans to construct Rambler (one level style) homes on smaller lots that require less maintenance which is becoming more attractive to young working families and seniors who still want to live in a house rather than an apartment or townhouse. Brama said he already reduced the number of lots across the front from 5 to 4 and again said he can’t reduce anymore due to the expense of constructing boulder retaining walls. Fiorendino noted that the three lots in back appear to exceed the minimum 8,400 sf requirement but because there are driveway easements involved, it reduces the overall square footage by quite a bit. Hoium was also concerned with the reduction in square footage due to the driveway easements. He thought it makes the lots too small. He didn’t feel an exception should be made to the Code, especially with no good reason. The job of the commission is to uphold our Code as it was established for the good of the City overall. Fiorendino agreed. Holmbeck explained to members that sometimes cities have to get creative in providing lots for new homes. She said this is a good use of the land but it is up to the Commission and City Council to decide whether to approve the proposal or not. He has a right to submit a proposal and the City has a right to approve or deny. Since the Commission can only make a recommendation and the City Council will make the ultimate decision on this, she encouraged all interested parties to attend the Council meeting on Sept. 12th. Schill asked who lives in the existing home and what condition it is in. Brama said he bought it from a bank as it was a foreclosure. He has renovated the interior and will add stonework to the exterior so it will fit in with the new homes. He told members he would like to move into the existing home himself. Hoium asked about the height of the retaining walls. Brama said there will be a 7 ft high retaining wall behind Lot 1 and an 8 ft wall behind Lot 7. The area depicted on the plan by Lot 4 is a wooded area that will be kept as is. Hoium asked about the 8 inch line to the fireplug which is currently located on the interior of the property. Brama said that would be moved to the street and that has been approved by the Fire Chief. Joyce Shellito from 403 Summit St. stated that parking should be a concern as people park along Stinson Blvd. which restricts traffic to one lane. Where will people who are visiting residents in the new homes park. The driveways are not that big and street parking is not always available. She said the park is full most days and especially on the weekends. She asked whether an interior street could be added so that entry could be made from the back of the lots. Holmbeck said the City isn’t interested in doing that since installing the infrastructure would be almost impossible due to the topography of the area. The new owner (Dana) of 4343 Benjamin St. moved into her home last week. She said she bought the property because it was a low density area and surrounded by natural habitat. She is very upset that most of the trees will be removed and that six homes will be added to the area. She thinks it is a breach of trust to break the Zoning laws to create high density housing in a low density single family home area. She said the applicant created the hardship himself by trying to build so much in a small area so he can personally profit as much as possible. P & Z Minutes Page 11 Sept 6, 2016 Robert Kerwin from 4410 Stinson Blvd is very concerned about how congested this will make the area. He said the area is already congested due to the City Beach/Park, Silverwood Park and the current residents. This will double the density of the block and he thinks the density should be the same as the other properties in the neighborhood. The parking lot at the City Beach is small and does not accommodate the cars now and to add more residents and potential company will make the road impassable. He said he will have two houses bordering him on the south side of his lot versus the one he has on the north side. Kerwin also expressed concern about cars having a hard time getting up the hill in the winter. Mr. Moses of 4343 Benjamin St asked if adding 6 additional houses next to the park and cutting down trees and vegetation would have any environmental impact on the hill or the lake. He thinks the hill behind the existing homes could be in jeopardy of erosion. He asked if any environmental studies were performed or required. Mark Blinkman from 4430 Stinson Blvd has lived there for 38 years. He said parking along the street is an issue. It is a narrow street and normally has only one lane for moving traffic. He asked what the timeline would be to construct the new homes. Will they be done all at once or spread out over several years. He also wanted to know the price point that these homes would be marketed at. Lane Vickner from 4343 Benjamin St said construction vehicles will also add congestion to the street that may make it impassable at times. He also wanted to see information from an environmental study. The owners from 4525 Chatham Dr., and members of the Church abutting this property, were concerned about the removal of the vegetation on the site. They were also concerned about snow removal from the site. Where do they plan on putting the snow with such small lots and the private road accessing all the homes. The Reverend Jin S. Kim, Pastor of the Church of All Nations, gave the Commission a history of the church and said that at one time, they owned the piece of property being discussed at this meeting. According to Kim, when the Church sold the property in the 1960’s, they were under the assumption that it would be kept as a wooded area with a maximum of one house possibly being added according to the City’s Zoning Ordinance. Kim said members should keep in mind where this property is located and that it is abutting other nature areas for residents of the City to enjoy. He said there is no hardship for the developer if he develops it according to the Zoning Ordinance. However, if the Commission approves his proposal it will create a hardship for everyone around this property and anyone who uses the City Park, Silverwood, and the neighboring Church. Kim said Mr. Brama is trying to make a large profit by constructing as many homes on the site as possible and everyone else is paying the price. Kim told members that when the Church paved their parking lot, the Watershed District made them filter the water and create gardens to eliminate water run off that would add pollution near the lake. He asked what the environmental impact this would have on the surrounding parks and lake. He asked the Commission to exercise judgment in making their decision for the common good of the whole City and to uphold the City’s Ordinance that was established for a reason. He said he will be going to the City Council to voice his concerns also. The Public Hearing was Closed. P & Z Minutes Page 12 Sept. 6, 2016 Brama addressed concerns mentioned by residents. He told members that he has already removed 10-11 roll offs of debris and garbage from the site. He ensured everyone that he plans on keeping as many trees and vegetation as possible on the site. He admitted he is purchased this property as an investment and designed the number of homes to maximize his profit. He is excited to add new housing in a nice area of the City for new families. He told the Commission that he plans on constructing homes that will sell for $400,000 to $600,000 each. He estimates that the existing home in the back of the lot will be worth about $200,000 once he is done working on the exterior. Brama said this will clean up the site and be good for the area. The members asked if the project would still go forward if the number of homes were reduced so the waiver wasn’t necessary. He said he wasn’t sure he would proceed since there wouldn’t be as much profit in it for him. Szurek asked Holmbeck to explain what a hardship is in regards to Planning. Holmbeck said this is not a variance request whereby a hardship must be given in order to be approved. This is a waiver to the Zoning Ordinance which asks that the rules be waived for this one case. Holmbeck explained that the Commission could approve the Plat without the waiver and he could still plat out 3 lots in front and meet the lot width requirement. She said it isn’t up to the Commission to design the site or lots for him. If approved without the waiver it would be up to Brama to bring back a new Plat for approval. Murzyn asked Brama how he would handle snow removal. Brama said the snow would be handled on site and probably be plowed to the side of the road/driveways. Murzyn said this could affect fire truck access if the private road/driveway access is made to narrow due to a large amount of snow kept on site. He also said there wouldn’t be much room on the lots since large homes are being proposed for the site. He also asked if the homes would be constructed all at once or whether they would be constructed gradually as sold. Brams said he would like to do construction in two phases. The front ones would be constructed first, and the back two at a later time. Fiorendino didn’t see any reason to waive the City Code. Hoium agreed with him 100%. He wants the developer to come back with a new plan with 70 foot width lots as required. They both thought the proposal should be approved or denied as submitted. If denied, it is up to the developer to come back with a new proposal for consideration. They didn’t feel comfortable re-designing it for him. Buesgens understands his plan to build higher end homes on small lots, but also hears the concerns of the neighbors and the need to provide natural areas for people to enjoy that are accessible. She favored a compromise of approving the Plat but reducing the lots in the front from 4 to 3. Joe Hogeboom, the Community Development Director, said the City did know about the property being for sale, but the price was too high for the City to purchase for the possible construction of a single family home. He said staff also had a discussion of extending or opening another street access to the site, but the City Engineer was not in favor of that due to the topography of the property and the expense of adding the infrastructure that would be required to develop it properly. He said the members must consider whether the waiver makes sense for this site since additional public roads will not be added. Mr. Brama came up with a design to develop the property without an additional road and also took into account the topography, which was a challenge. P & Z Minutes Page 13 Sept 6, 2016 Szurek agreed with Buesgens. She stated she has conflicting views. While she admires someone pursuing the “American Dream” of making the most of an investment, she also understands the concerns of the neighbors. She would be comfortable recommending the City Council approve the plan with only 3 lots across the front. Szurek explained that the Commission can only make a recommendation and that the City Council will actually make the decision on this matter. Schill appreciated everyone who spoke and that his questions have all been answered. Motion by Buesgens, seconded by Szurek, to waive the reading of Resolution No. 2016-75, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Buesgens, seconded by Szurek, that the Planning and Zoning Commission recommends the City Council approve the Preliminary Plat without the Waiver to Section 9.115 of City Code, and recommends reducing the front lots from 4 to 3 for the property located at 4400 Stinson Boulevard 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 required state and local codes, permits, licenses and inspections will be met and in full compliance. 2.The applicant shall meet the requirements outlined in the attached report from the Public Works Director/City Engineer, dated August 22, 2016. All the items outlined in the report should be dealt with prior to approval of the Final Plat. 3.The private driveway will need to be constructed to hold the weight of a fire vehicle, approximately 45,000 to 50,000 lbs. 4.The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. 5.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. 6.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: Ayes- Buesgens and Szurek. Nays- Fiorendino, Hoium, and Schill MOTION FAILED. th This matter will go to the City Council for consideration at the September 12 meeting. The meeting was adjourned at 8:45 pm. Respectfully submitted, Shelley Hanson Secretary