HomeMy WebLinkAboutJune 6, 2017, 2017 minMINUTES OF
PLANNING AND ZONING COMMISSION
JUNE 6, 2017
7:00 PM
The meeting was called to order at 7:00 pm by Chair Szurek.
Commission Members present- Novitsky, Schill, Hoium,
and Szurek
Members Excused: Fiorendino
Also present were Elizabeth Holmbeck (Planner), and Shelley Hanson (Secretary) along with Council Liaison, John Murzyn.
Motion by Hoium, seconded
by Schill, to approve the minutes from the meeting of May 2, 2017. All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2017-0601
APPLICANT: Mulata Assoc.
LOCATION: 820 40th Avenue
REQUEST: App
eal – WITHDRAWN
CASE NUMBER: 2017-0602
APPLICANT: Mark Jedele, Total Export
LOCATION: 725 39th Avenue
REQUEST: Condition Use Permit
At this time, Mark Jedele on behalf of Total
Export, Inc. is requesting a Conditional Use Permit to allow for outdoor storage on the property located at 725 39th Ave. NE. Total Export is a custom crate manufacturing and export
packing business. They are proposing to store lumber, pallets, and occasionally some equipment outdoors. The applicant has submitted a narrative and a detailed materials list which outlines
the types of materials they work with and those that will be stored on site. The applicant has proposed to add additional screening along the adjacent residential properties and has
plans to make some improvements to the exterior of the building.
ZONING ORDINANCE
The property located at 725 39th Avenue NE. is located in the I-1, Light Industrial Zoning District.
The properties to the north, south, and east are located in the R-3, Multiple Family Residential District. The properties to the west are located in the I-2, General Industrial Zoning
District. The proposed use is a permitted use in the Zoning Ordinance. The proposal for outdoor storage is listed as a conditional use in the Zoning Ordinance.
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June 6, 2017
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for Industrial Use. The outside storage of materials in conjunction with the use of the
property is consistent with the intent of the Comprehensive Plan.
DESIGN GUIDELINES
The subject property is not located in the Design Guidelines Overlay District.
SITE PLAN
The applicant
submitted a site plan which indicates where the outdoor storage will be located, and where the fencing will be located.
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.
Outdoor storage is specifically listed as a Conditional Use in
the I-1, Light Industrial Zoning District.
The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The property is guided for Industrial use. The outdoor
storage of materials in conjunction with the use of the property is consistent with the intent of the Comprehensive Plan.
The use will not impose hazards or disturbing influences on
neighboring properties.
If properly screened from neighboring properties, the proposed use should not impose hazards or disturbing influences on neighboring properties. The applicant
will be required to install screening per the City’s Screening requirements. The applicant will have to adhere to Specific Development Standards as it relates to outdoor storage. The
City has Specific Development Standards which are meant for unique characteristics of certain land uses. The standards are meant to protect the neighboring properties from any hazardous
or disturbing influences.
The use will not substantially diminish the use of property in the immediate vicinity.
The use of neighboring properties would not be diminished in any way
with the proposed use of the subject property. The property has historically been used for Industrial types of uses. Previous owners have stored materials associated with the property’s
use outside without screening. The new property owner will be improving the exterior façade of the building and adding screening along the adjacent residential boundaries.
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 will
be subject to the Specific Development Standards as outlined in the Zoning Code for outdoor storage. These specific requirements are added as conditions to the proposed Conditional Use
Permit, and meant to protect the intended character of the surrounding area.
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June 6, 2017
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 on-site circulation of traffic
will remain unchanged. A condition has been added which prohibits any truck traffic to occur on Jackson Street.
The use will not cause a negative cumulative effect, when considered
in conjunction with the cumulative effect of other uses in the immediate vicinity.
Based on the fact that the property has been used for industrial uses historically, the use should
not cause a negative cumulative effect. It is possible that the proposed use could cause a negative effect to other uses in the immediate vicinity. Staff has added proposed conditions
to the permit for the City Council to consider in an effort to minimize these potential negative effects.
The use complies with all other applicable regulations for the district in
which it is located.
This is correct. Providing the applicant complies with the Specific Development Standards, which are added as conditions of approval, the use will comply with the
City’s applicable regulations.
Staff recommends that the Planning Commission recommend approval of the proposed Conditional Use Permit for outdoor storage for the property located
at 725 39th Avenue NE.
Questions from members:
Hoium asked when the screening would be up. Holmbeck said it has to be up within 3 months of approval which is included in condition
#5. Szurek asked if the applicant is aware of these conditions. Holmbeck said he was.
Hoium asked about requirements for vehicles that are visible from the street. Holmbeck said
they must be parked in an orderly fashion, in appropriately sized and striped parking spaces, per the Zoning Ordinance which is condition #16.
There was no further questions for the
applicant from the members.
Public Hearing Opened.
No one was present to speak on this matter.
Public Hearing Closed.
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June 6, 2017
Motion by Hoium, seconded by Schill, to close the public hearing and waive the reading of Resolution 2017-52, there being ample copies available to
the public. All Ayes. MOTION PASSED.
Motion by Hoium, seconded by Schill, that the Planning and Zoning Commission recommends the City Council approve Resolution No. 2017-52 for a Conditional
Use Permit for outdoor storage for the property located at 725 39th 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:
The outdoor storage area shall be accessory to a commercial or industrial use.
Outdoor
storage within the public right-of-way is prohibited.
All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use
is located.
Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure.
The storage area shall be fenced and
screened from adjacent uses and the public right- of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six feet in height and no less
than 80% opaque on a year round basis. The fence cannot exceed 7 feet in height. All screening will be installed within 3 months from the date the Conditional Use Permit is approved.
All goods, materials and equipment shall be stored on an impervious surface.
All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient
width to accommodate emergency vehicles as needed.
The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided.
Combustible
storage cannot be located within 10 feet of lot line. Exception to this is if the storage is reduced to no more than 6 feet in height it can be within 3 feet of lot lines.
Outside storage
cannot be located under unprotected eaves, canopies, projections, or overhangs of a structure if the structure is sprinkled.
No truck traffic associated with the use of the property
will be allowed on Jackson Street. The curb cut off of Jackson Street cannot be used for entering or exiting.
Any barbed wire adjacent to residential properties must be removed.
The
building on the subject property encroaches into the City Right of Way. The applicant must have an encroachment agreement written which addresses any work within the City Right of Way.
The applicant must work with the Public Works Director/City Engineer to determine the terms of the encroachment agreement. The applicant must provide a recordable document for the City
to review within 30 days of the approval of the Conditional Use Permit. The applicant is responsible for recording the encroachment agreement with the Anoka County Recorder’s Office.
The
proposed fencing along the adjacent northern and eastern residential property lines must be 80% opaque year round. Fencing materials must be approved by the Zoning Administrator.
All
areas on which vehicles are parked must be paved surfaces, per the Zoning Ordinance.
Vehicles that are visible from the street or adjacent residential properties must be parked in an
orderly fashion, in appropriately sized and striped parking spaces, per the Zoning Ordinance.
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.
All exterior
lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit a detailed lighting plan for review by the Building Official, prior
to construction.
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Roll Call: All Ayes.
The following Resolution will go to the City Council at the June 12, 2017 meeting.
RESOLUTION NO. 2017-52
A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for outdoor storage on the property located at 725 39th Ave. NE.
Whereas,
a proposal (Case # 2017-0601) has been submitted by Mark Jedele on behalf of Total Export, Inc. to the City Council requesting a Conditional Use Permit from the City of Columbia Heights
at the following site:
ADDRESS: 725 39th Ave. NE
LEGAL DESCRIPTION: On file at City Hall.
THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.104 (H), to
allow for outdoor storage on the property located at 725 39th Ave. NE.
Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on June
6th, 2017;
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, be it resolved, 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 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.
(h) The use will not cause a negative cumulative effect, when considered in conjunction with the
cumulative effect of other uses is the immediate vicinity.
(i) The use complies with all other applicable regulations for the district in which it is located.
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June 6, 2017
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:
CONDITIONS
1. The outdoor storage area shall be accessory to
a commercial or industrial use.
2. Outdoor storage within the public right-of-way is prohibited.
3. All outdoor storage areas shall meet the setback requirements for a principal structure
in the zoning district in which the use is located.
4. Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure.
5. The
storage area shall be fenced and screened from adjacent uses and the public right- of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less
than six feet in height and no less than 80% opaque on a year round basis. The fence cannot exceed 7 feet in height. All screening will be installed within 3 months from the date the
Conditional Use Permit is approved.
6. All goods, materials and equipment shall be stored on an impervious surface.
7. All goods, materials and equipment shall be stored in an orderly
fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed.
8. The height of materials stored, excluding operable vehicles and equipment, shall not exceed
the height of the screening provided.
9. Combustible storage cannot be located within 10 feet of lot line. Exception to this is if the storage is reduced to no more than 6 feet in height
it can be within 3 feet of lot lines.
10. Outside storage cannot be located under unprotected eaves, canopies, projections, or overhangs of a structure if the structure is sprinkled.
11. No
truck traffic associated with the use of the property will be allowed on Jackson Street. The curb cut off of Jackson Street cannot be used for entering or exiting.
12. Any barbed wire
adjacent to residential properties must be removed.
13. The building on the subject property encroaches into the City Right of Way. The applicant must have an encroachment agreement
written which addresses any work within the City Right of Way. The applicant must work with the Public Works Director/City Engineer to determine the terms of the encroachment agreement.
The applicant must provide a recordable document for the City to review within 30 days of the approval of the Conditional Use Permit. The applicant is responsible for recording the encroachment
agreement with the Anoka County Recorder’s Office.
14. The proposed fencing along the adjacent northern and eastern residential property lines must be 80% opaque year round. Fencing
materials must be approved by the Zoning Administrator.
15. All areas on which vehicles are parked must be paved surfaces, per the Zoning Ordinance.
16. Vehicles that are visible from
the street or adjacent residential properties must be parked in an orderly fashion, in appropriately sized and striped parking spaces, per the Zoning Ordinance.
17. 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.
18. All exterior lighting shall be downcast so as not to adversely impact neighboring residential properties. The applicant must submit
a detailed lighting plan for review by the Building Official, prior to construction.
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June 6, 2017
CASE NUMBER: 2017-0603
REQUEST: CONDITIONAL USE PERMIT & WAIVER TO ZONING CODE
LOCATION: 3989 CENTRAL AVENUE NE
APPLICANT: NANCY ALEKSUK, 500
LLC
Holmberg explained that at this time, Nancy Aleksuk on behalf of 500, LLC has submitted two land use applications; a Conditional Use Permit request with a Waiver and a Site Plan
Review request. Both applications relate to a proposed development located at 3989 Central Avenue NE. (the former office building). The building on the subject property has been mostly
vacant for the past 3 years, with the last tenant leaving one year ago in the spring of 2016. The applicant believes it has found an anchor tenant, two K-12 Schools, which will allow
the applicant to renovate the building and also lease to the Columbia Heights Adult Education Facility and future retail on the first floor. The applicant has indicated that a coffee
shop is interested in leasing space on the first floor. This report specifically details the request for a Conditional Use Permit, and a separate second report will detail the request
for Site Plan Review.
The Conditional Use Permit request has been made as the applicant is proposing to operate two K-12 Schools in the existing building. K-12 Schools require Conditional
Use Permits and are required to meet Specific Development Standards outlined in the Zoning Ordinance. The proposed K-12 School use does not meet one of the Specific Development Standards
in the Zoning Ordinance, so the applicant is requesting a waiver to this requirement.
ZONING ORDINANCE
The property located at 3989 Central Avenue is located in the Mixed Use Zoning
District. The properties to the north, south and west are located in the Central Business Zoning District. The properties to the east are located in the R-3, Multiple Family Residential
Zoning District.
The intent of the Mixed Use Zoning District is to encourage a flexible, high-quality design strategy for development and/or redevelopment of specific areas within
the community. In these areas of the City, there must be a mix of uses. The Zoning Ordinance requires that there be at least two of the following uses: Residential, Commercial and Institutional.
It further states that all permitted, conditional, and permitted accessory uses identified in our residential and commercial districts, which are consistent with the Comprehensive Plan,
shall be treated as potentially allowable uses within the Mixed Use Development Districts.
The proposal for a K-12 School is identified in our residential districts, as this is the
only area of the City where K-12 Schools are currently permitted. In our residential districts, K-12 Schools require a Conditional Use Permit. For the proposal for the Adult Education
Facility, while not specifically defined in our Zoning Ordinance, it is staff’s interpretation that this type of use is identified as a commercial use. The proposal for retail would
also be identified as a commercial use.
By the standards outlined above, it appears that the proposal would meet the Mixed Use District standards by ensuring that there are two of
the three required uses. This means that the proposed K-12 School would satisfy the required residential use, and the Adult Education Facility, and future retail would satisfy the commercial
use requirement.
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Staff recommends that a condition be added to the permit that limits the amount of area in the building that the schools can occupy. This is similar
to how we have handled other K-12 School Conditional Use Permits in the past. Staff is making this recommendation, to ensure that the building remains a Mixed Use Building as to not
compromise the intended commercial character of the area. Staff recommends that approximately half of the building be reserved for commercial use and the first floor be retained for
commercial use to ensure compatibility with the character of the surrounding area.
The applicant has requested a waiver to a Specific Development Standard of the Zoning Ordinance.
This standard requires that the parcel upon which the K-12 School is located shall have a lot area no less than four times the size of the building footprint. The parcel upon which the
proposed use is located has historically been used for office and retail uses with parking provided in the adjacent parking ramp and parking lot.
This particular building is unique
compared to the rest of the commercial parcels throughout the City, as it is six stories tall and there is a small amount of open parcel area that is not covered by a building. Also,
when it was originally built, it was not intended to be a K-12 School, and as such, the parcel does not meet this requirement. It is assumed this requirement is meant to provide area
for outdoor recreation and parking associated with a K-12 School.
In the attached narrative detailing the applicants requested waiver to this standard, the applicant argues that this
requirement is based on an older and no longer universally applicable model of school operations. The applicant states that the proposed K-12 school will be constructing a safe, contained
playground area on the first and second level of the current deck on the north side of the building. The applicant argues that the school has determined this area will be more than adequate
to meet the needs of the students.
COMPREHENSIVE PLAN
The Comprehensive Plan guides this area for commercial uses. This property was recently rezoned from Central Business to Mixed-Use.
Due to the ongoing Comprehensive Plan revision, currently underway, the City Attorney has advised to amend the map when the update is complete. As such, the property is not designated
for Mixed Use in the Comprehensive Plan, rather Commercial Use.
While the K-12 School use is not a Commercial Use, the building will still contain commercial users. Additionally,
staff is recommending that the Conditional Use Permit require a portion of the building be reserved for Commercial or Institutional Uses. Specifically, staff recommends that approximately
half of the building be reserved for Commercial or Institutional Uses, including the first floor.
FINDINGS OF FACT
(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.
The Zoning Ordinance requires that Mixed Use Developments contain
at least two of the following uses: Residential, Commercial and Institutional. It further states that all permitted, conditional, and permitted accessory uses identified in our Residential
and Commercial Districts, which are consistent with the Comprehensive Plan shall be treated as potentially allowable uses within the Mixed Use Development Districts. K-12 Schools are
specifically listed as a Conditional Use in the City’s Residential Zoning Districts. By this standard, a K-12 School would be considered a potentially allowable use.
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June 6, 2017
(b) The use is in harmony with the general purpose and intent of the Comprehensive Plan.
The property is guided for commercial use. As stated above,
staff recommends that a portion of the building should be reserved to ensure a commercial component of the mixed use development property remains.
(c) The use will not impose hazards
or disturbing influences on neighboring properties.
The applicant will have to adhere to Specific Development Standards as it relates to K-12 Schools. The City has Specific Development
Standards which are meant for unique characteristics of certain land uses. The standards are meant to protect the neighboring properties from any hazardous or disturbing influences.
The applicant has requested a waiver to one of the Specific Development Standards. The City Council has the authority to waive this requirement if they choose to do so. The applicant
argues that there is sufficient space available on the outdoor patio area, to allow for a play area to be constructed and utilized by the proposed schools.
(d) The use will not substantially
diminish the use of property in the immediate vicinity.
Staff does not anticipate that the K-12 School operation will substantially diminish the use of the property in the surrounding
area.
(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.
The use will be subject to the Specific Development Standards as outlined in the Zoning Code for K-12 Schools. These specific requirements are added as conditions to the proposed
Conditional Use Permit, and meant to protect the intended character of the surrounding area. Staff has recommended that the City limit the amount of space that the proposed schools can
utilize in the building, to preserve the intended commercial character of the area.
(f) The use and property upon which the use is located are adequately served by essential public
facilities and services.
This is correct. The property is served by two local streets, 40th Avenue and Central Avenue.
(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.
The on-site circulation of traffic has been detailed in a traffic management
plan, which was submitted with the applicant’s Site Plan Review application. This plan has been reviewed by staff and MNDOT. Anoka County review is currently pending. At this time staff
believes that the operation of the K-12 School will have minimal impact to the surrounding local City streets. The City Engineer and MNDOT have reviewed the traffic management plan.
At this time, they have found it to be minimally acceptable as it is unclear how pedestrian traffic will operate on the site. Staff has added a condition that if the school’s drop off
and pick up routing results in delay on the surrounding local streets or has a negative traffic impact, a new traffic management plan will be required to be submitted for review to address
operational deficiencies.
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(h) The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate
vicinity.
Staff has added proposed conditions to the permit for the City Council to consider in an effort to minimize potential negative effects.
(i) The use complies with all other
applicable regulations for the district in which it is located.
If the applicant complies with the Specific Development Standards, the use would comply with the City’s applicable regulations.
However, in this case, the application does not meet one of the Specific Development Standards of the City’s Zoning Ordinance. The City Council can grant a waiver to this standard. If
the waiver is granted it appears that the use complies with all other applicable regulations for the district in which it is located.
CONCLUSION
While staff believes there is merit
to the applicant’s proposal, the application does not meet a Specific Development Standard outlined in the City’s Zoning Ordinance. These standards are in place to mitigate any potential
negative impact on surrounding property, and to provide supplemental regulations to address unique characteristics of land use. The City Council has the authority to waive this standard,
as requested by the applicant.
Staff believes that while the applicant does not meet this requirement, they have proposed a unique, alternative plan for an outdoor recreation area and
adequate parking should be provided in the adjacent parking ramp. By staff’s literal interpretation of the City’s Zoning Ordinance, the application does not meet applicable regulations,
and therefore staff would request that if the City Council approves the Conditional Use Permit with the requested Waiver, that the City Council directs staff to remove this requirement.
Staff recommends approval of the proposed Conditional Use Permit for the property located at 3989 Central Avenue NE. subject to certain conditions.
Questions by members:
Novitsky
stated that he works at a school that has an enrollment of 220 kids. He asked how many kids would be attending this school. Holmbeck said the plan is to start with approximately 350
students and they have indicated their intent to expand within the building. Novitsky was concerned with lack of outdoor space for that many students.
Hoium wanted clarification regarding
the requirement to have different uses and how it is applied to the building.
Schill asked what type of difficulties there may be in attracting retail use in a building that has
a school as their main tenant. Would there be any restrictions as to what type of retail use is acceptable and what is not. Holmbeck said she is unaware of any restrictions from the
State, and there aren’t any in our zoning Code.
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Hoium said the plan indicates that they will use the space (alleyway) between the ramp and the building for the buses. The plan shows there would
be room for eight buses. He thinks that is very tight.
Szurek stated that the narrative prohibits the whole building being used as a school. She said the plan looks like it is.
The 6th floor will be for Adult Education and all other floors would be occupied by the K-12 school, except for a small coffee shop. She said the proposal for the small coffee shop
is a weak attempt to satisfy the MXU retail requirement. Szurek also said the “possibility” of a coffee shop doesn’t mean that one would actually go in. Holmbeck told her that technically
the Adult Education would be a commercial use and the K-12 school meets the residential use.
Hoeft explained why the K-12 school would fall into the residential category. He pointed
out that the MXU District has no defined criteria regarding the amount needed for each category, but staff had recommended a condition that only ½ the building could be used as a K-12
to ensure that there is always room for a retail/commercial use.
Szurek then asked if MNDOT or Anoka County had reviewed the plan and what their comments were. She stated that 40th
Avenue is scheduled for major work this year and asked how they propose to handle this. Holmbeck responded that MNDOT had no comments about their plan and Anoka County’s response is
still pending.
Szurek then noted that the applicant wanted to remodel part of the first floor for a gym area which technically would be part of the K-12 school area. This means the
building would technically be over the 50% threshold. Hoeft said if they violate the conditions approved, then it goes back to the City Council whereby they could amend the CUP or revoke
it. Holmbeck told members that she had received a new plan this afternoon which said the whole first floor would be for retail with the exception of an “exercise room” that could be
used by occupants of the entire building and would be considered an amenity of the Developers space, not the schools. Therefore, according to the new plan submitted the K-12 would occupy
2/3 of the building.
Public Hearing Opened.
Dean Dovolis-Architect and Nancy Aleksuk, Swervo Development Co. were present. Aleksuk said she has been in charge of development and
leasing of the building. They reviewed the new plan with the members. They explained that they would renovate the lower portion, remove the brick walls that are crumbling along 40th
Avenue and construct a two level playground in that patio area and the old bank drive thru area. They would also add a patio space by the entry off Central Avenue and add landscaping
around the building. The alleyway would accommodate eight buses and parents would be required to drop off or pick up students on the 2nd level of the parking ramp. They would then
go across the skyway.
Michael Margolies is assisting the owners with their plan. He said they have met the criteria of two uses and that the Code does not specify the percentage each
must be. The staff report recommends a 50/50 split. If the right of expansion or flexibility is removed, it prevents them from going forward with their plans. Staff made this recommendation
without consulting the applicant and their needs. They had trouble leasing the building out, and now that they have, the tenant has needs more space than the recommendation allows.
He requested the commission approve with language that allows them to use up to 66% of the building for K-12 as needed. He also said they had a traffic study done and the report indicates
the plan will work. He noted that High School students use Public Transportation so only the grade school students will use the busing area.
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Novitsky said the buses and parent vehicles will all be exiting onto Central at once and this will create a problem. He pointed out that stacking
will not be allowed on 40th Avenue as this would create a dangerous situation. Margolies told members that the Traffic Management Company said it would work. They did research on who
the students are and the demographics of the area.
Szurek asked how they would handle the reconstruction of 40th Avenue. Margolies said it would create a hardship for a short time
but they would make accommodations. They have reached out to the Methodist Church to see if they could use their parking lot temporarily. Szurek pointed out this will be an inconvenience
for the residents along Gould Ave. She also expressed concern that the High School students would be crossing Central Ave when they get off the City buses. She is concerned with student
& driver safety especially since 40th Avenue and Central Ave is such a busy intersection. Margolies admits it’s not an ideal situation, but it can work. Accommodations for Urban schools
and transportation have changed and kids are acclimating accordingly. Location and accessibility are more important than the perfect site.
Aleksuk said the school start times are staggered
and this will help alleviate traffic issues. This use will probably work better than a business/office use where employees all arrive and leave at once.
Szurek asked if parents dropped
students off on Gould, 40th Ave, or Central, which violates the conditions, could the CUP be revoked. Holmbeck stated that Condition #5 addresses the pick up and drop off area. Gould
Avenue could be added as a restricted street to the condition.
Novitsky doesn’t feel there is adequate outdoor space. He also questioned where they would eat their lunches. Aleksuk
said they would use a room on the 2nd floor and that lunch breaks would also be staggered.
Hoium asked if there was a requirement for the size of the play area. Holmbeck said there
is not a specific square footage requirement for this in our code, so the only standard we have for schools is that the property must be four times larger than the building footprint.
This was probably put in the code to allow for adequate outdoor space. Hoium then asked if they had secured a retail tenant. Aleksuk said yes, but the Adult Education, Charter School
and Coffee Shop all want to go in at the same time and are all contingent on one another. The school is the biggest tenant and is the driving force that will allow the whole project
to happen.
Schill asked what the breakdown of students would be. Aleksuk estimated that 250 would be K-6 and that approximately 100 would be High School age. She was asked what the
High School Students would use for free space. She responded that the High School (Career Pathways) is a Vo-tech type school teaching them skills for jobs, and therefore, gym space
is not a requirement for them.
Novitsky asked what happens if the coffee shop doesn’t make it since we have so many in town now. She said they would then try to find another tenant
but they still meet the MXU criteria with the school and Adult Education Center. Aleksuk said no matter what percentage you decide on, there is never a guarantee that all the uses will
succeed.
Holmbeck asked Aleksuk to tell the members about the schools going in. Aleksuk said Skyline Academy is a STEM (Science, Technology and Mathematics) K-6 school and Career Pathways
is the Vo-Tech type High School. Szurek asked why representatives of the Charter Schools were not present. She said they would be available for the City Council meeting Monday night.
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June 6, 2017
Hoeft told members this is a two part process and one can’t go forward without the other. He stated that the request does not meet the Standards
established for lot coverage. In order for the CUP approval, you have to waive the Development Standard . If you find it is not appropriate to approve the waiver, then the CUP cannot
be approved. They can then appeal it to the City Council. If the Council upholds the denial than the CUP doesn’t move forward. He told them if they recommend approving the waiver,
then they can decide on the CUP. He said you have to take it on faith that they will follow the conditions that are established, and if they don’t, then action can be taken. He told
members that there is no magic number for the ratio for the different uses in an MXU zone. His only comment is that he would advise the applicant to include the playground and gym area
in their plan as school space and be honest about the percentage used for such. Those spaces wouldn’t exist without the school there and the City Council would be leery if they thought
they were being deceived in some way.
Hoium asked if the building would still be subject to paying property taxes if a school goes into that space. Hoeft told members yes, it is not
considered tax exempt property like a Public School is. Hoium said we have one school in town that doesn’t meet these standards, and should that fact affect their decision on this request.
Hoeft said no, the other school is considered a legal non-conforming use and was in existence before these standards were established. Hoeft said the Commission does have to keep in
mind they would be setting precedence and would be undermining the Development Standards if they approve an exception to them. He said the preferable way to address this is to do an
amendment to the code rather than making exceptions on a case by case basis. The easy legal solution is to not grant the waiver and to recommend the City Council amend the standards
of the code.
Hoeft reminded members that the Commission is acting as the Board of Appeals for the waiver request. The Commission can make a recommendation either way and the City Council
can always override it. The City Council may choose to modify the City Code rather than granting a waiver. He stated that City Staff and the City Council would like to see the building
used, but they must follow proper procedures and policies. Hoeft again said the first step is to decide whether or not to grant the waiver. Then the CUP and Site Plan can be addressed.
Hoium
didn’t think granting a waiver to the Code is appropriate. He thought the City Council should decide whether to approve the waiver or to direct staff to amend the code.
Schill asked
how many offices were in the building when it was fully occupied. They said that was hard to determine as there were several businesses in there over the years and each one had different
needs.
Szurek said she didn’t feel the proposed plan was honest about how the building would really be used, and how much of the building the K-12 would really take up. Dovolis responded
that he adjusted the plan to try and comply with staff’s recommended condition that the K-12 be limited to 50% of the building, when in fact they need more space from the very start.
He said they didn’t get told of that condition until the last minute and they made an attempt to comply to the best of their ability.
Aleksuk said if they get the waiver and CUP, construction
would start immediately as the Adult Education Center needs a place by July 1st and the K-12 needs their space by the end of August. If the waiver is denied and the issue goes to the
City Council, does that mean they have to come back to the P & Z at a later date for the CUP and Site Plan once the waiver is acted on. This would hold up the construction and would
kill the project. Hoeft said the City Council can address the waiver, CUP and Site Plan at the Council meeting on June 12th, and that it would not need to come back to the Planning
& Zoning Commission.
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June 6, 2017
Szurek asked if anyone in the audience wished to speak on this issue.
Jim Suek of 850 40th Avenue said he thought that the Adult Education use
of the building would be primarily after hours, so the two uses wouldn’t impact each other too much. He questioned if these two Charter schools already exist, why are they moving,
and what is their experience and track record.
Aleksuk said the Director of the High School (Career Pathways) has 25 years experience in education. They are currently located in
south Minneapolis but have lost their leases, and they feel this is a good location with good accessibility.
Public Hearing Closed.
Motion by Hoium, seconded by Novitsky, to deny
the waiver of the Specific Development Standards outlined in the Zoning Ordinance. The Commission requests the City Council consider this request or to direct staff to amend the Ordinance
if deemed appropriate.
Roll Call: Ayes-Hoium, Novitsky, and Szurek Nays-Schill MOTION PASSED.
Motion by Hoium, seconded by Novitsky, to deny the CUP based on the denial
of the waiver request which doesn’t meet the Specific Development Standards. The Commission again requests the City Council to act on this matter.
Roll Call: Ayes-Hoium, Novitsky,
and Szurek Nays-Schill MOTION PASSED.
Motion by Hoium, seconded by Novitsky, to forward the Site Plan approval without a recommendation to the City Council for consideration.
All ayes. MOTION PASSED.
CASE NUMBER: 2017-0603
REQUEST: SITE PLAN REVIEW
LOCATION: 3989 CENTRAL AVE
APPLICANT: 500 LLC-NANCY ALEKSUK
THIS WAS NOT ADDRESSED BY THE COMMISSION
DUE TO THE MOTION PREVIOUSLY MADE FORWARDING THIS ITEM TO THE CITY COUNCIL.
OTHER BUSINESS
Holmbeck told members that there would be a meeting on July5th and asked if anyone would
not be able to make it. Hoium said he would not be available.
The meeting was adjourned at 8:45 pm.
Respectfully submitted,
Shelley Hanson
Secretary