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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 LOCATION: 820 40th Avenue REQUEST: App eal – WITHDRAWN CASE NUMBER: 2017-0602 APPLICANT: Mark Jedele, Total Export LOCATION: 725 39th Avenue REQUEST: Condition Use Permit At this time, Mark Jedele on behalf of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. P & Z Minutes Page 2 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. P & Z Minutes Page 3 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. P & Z Minutes Page 4 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. P & Z Minutes Page 5 June 6, 2017 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. P & Z Minutes Page 6 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. P & Z Minutes Page 7 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. P & Z Minutes Page 8 June 6, 2017 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. P & Z Minutes Page 9 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. P & Z Minutes Page 10 June 6, 2017 (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. P & Z Minutes Page 11 June 6, 2017 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. P & Z Minutes Page 12 June 6, 2017 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. P & Z Minutes Page 13 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. P & Z Minutes Page 14 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