HomeMy WebLinkAboutJuly 5, 2017, 2017 minMINUTES OF
PLANNING AND ZONING COMMISSION
JULY 5, 2017
7:00 PM
The meeting was called to order at 7:00 pm by Chair Szurek.
Commission Members present- Novitsky, Schill, and Szurek
Members
Excused: Hoium, Fiorendino
Also present were Elizabeth Holmbeck (Planner), Keith Dahl (Economic Development Manager), and Jodi Griffin (Acting Secretary) along with Council Liaison,
John Murzyn.
Motion by Schill , seconded by Novitsky , to approve the minutes from the meeting of June 6, 2017. All ayes. MOTION PASSED.
PUBLIC HEARINGS
CASE NUMBER: 2017-0701
APPLICANT: Meaga
n Thornburg, Owner
LOCATION: 2112 43rd Avenue
REQUEST: Minor Subdivision
Holmbeck explained that Meagan Thornburg has requested a Minor Subdivision per City Code Section 9.104 (k),
for the subject property located at 2112 43rd Avenue NE. The applicant wishes to split a portion of the lot, and add the split portion (1,080 square feet) to the abutting property line
located at 2120 43rd Avenue NE.
An application for the same was submitted by Dave Linsk, owner of the property located at 2120 43rd Avenue NE. and brought before the Planning and
Zoning Commission on July 9th, 2002, where it was recommended for approval to City Council and was subsequently approved by City Council at the July 22, 2002 meeting by a unanimous vote
and passing of Resolution 2002-44. As a condition set forth by Resolution 2002-44, the applicant was to file said lot split with the Anoka County Recorder within one (1) year of the
date of the Council action, or given approval would become invalid. The applicant did not file the lot split with the Anoka County Recorder within the one year (1) timeframe, whereby
rendering the previous approval invalid.
Ms. Thornburg is in the process of selling the property located at 2112 43rd Avenue NE. and discovered that the lot split had not been
recorded with Anoka County. In an effort to complete this process, prior to selling her home, Ms. Thornburg is requesting that the Planning and Zoning Commission and City Council review
and approve the lot split again, so that the subdivision can be recorded with Anoka County.
A certificate of survey was completed by Kurth Surveying (copy attached) on May 8, 2002
and was submitted with the original application for a lot split in 2002. No changes have been made to the survey since that time. The proposed subdivision of land meets the City’s
Zoning Ordinance in terms of lot size and lot width.
FINDINGS OF FACT
Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor
subdivision. They are as follows:
The proposed subdivision of land will not result in more than three lots.
The proposed subdivision will result in two conforming lots.
P & Z Minutes
Page 2
July 5, 2017
The proposed subdivision of land does not involve the vacation of existing easements.
No vacation of existing easements will occur as a result of
the minor subdivision.
All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located.
The
newly created lots will both conform to the lot width and lot area requirements established for the property for the property’s zoning designation.
The proposed subdivision does not
require the dedication of public rights-of-way for the purpose of gaining access to the property.
This is correct.
The property has not previously been divided through the minor subdivision
provisions of this article.
This is correct. The previous subdivision was never recorded with Anoka County.
The proposed subdivision does not hinder the conveyance of land.
This
is correct.
The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments.
This is correct.
The proposed subdivision meets all
of the design standards specified in Section 9.115.
This is correct.
Staff review finds that the application meets the requirements of the Zoning Ordinance. Staff recommends that the
Planning and Zoning Commission recommend approval of the proposed minor subdivision for the property located at 2112 43rd Avenue NE., Columbia Heights, MN 55421 subject to certain conditions.
Questions from members:
Chairperson Szurek asked if Ms. Thornburg would be the one to record the minor subdivision with Anoka County. Ms. Holmbeck stated that was correct since she
is the one who applied for the minor subdivision at this time.
Chairperson Szurek asked if the garage was there when the original lot split was requested in 2002. Holmbeck stated
her understanding was that there was an existing garage on the property located at 2120 43rd Avenue NE in 2002, which was added on to in 2007. The previous owner at 2112 43rd Avenue
NE agreed to the subdivision in 2002, and went through the application process. Five years later, the property owner at 2120 43rd Avenue applied for a building permit, and subsequently,
the addition was completed without the minor subdivision having been recorded. Holmbeck explained that if you look at an aerial map of the boundaries for these properties on the Anoka
County GIS mapping website, you can see that a portion of the existing garage and driveway are over the property line of 2120 43rd Avenue at this time. Once the minor subdivision is
approved, and the two new legal descriptions are recorded with the county, the change will be reflected on the GIS map and effectively show that the garage is within their property line;
whereas right now, a portion of it is not.
P & Z Minutes
Page 3
July 5, 2017
Chairperson Szurek stated she does not see a problem in granting the minor subdivision, but questioned whether the property owner at 2120 43rd Avenue
NE checked with Anoka County when they applied for the building permit and built the garage addition in 2007, or did they make the assumption it would be on their property. Holmbeck
stated she looked through permit history and stated the site plan submitted with the building permit application in 2007 and approved by the City Planner and Building Official at the
time showed the garage how it is indicated on that survey. So it was approved as the survey indicated since it met all other setbacks and requirements based on the additional square
footage. Szurek questioned why this was not caught in the plan review process. Holmbeck stated that the owner assumed he had that portion of the property, as indicated on the survey
that he submitted with the building permit application. Holmbeck stated she was not aware if GIS mapping was available at that time to verify the property lines, and can only assume
it was an oversight at the time.
Public Hearing Opened.
There was no one who asked to speak on this issue.
Public Hearing Closed.
Motion by Schill ,seconded by
Novitsky , to waive the reading of Resolution No. 2017-72, there being ample copies available to the public.
Roll call: Ayes – Schill, Szurek and Novitsky. MOTION PASSED.
Motion
by Schill, seconded by Novitsky, that the Planning and Zoning Commission recommends the City Council approve the minor subdivision of the property located at 2112 43rd 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 applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder’s Office. The approved minor subdivision will become invalid if the
subdivision is not filed with the Anoka County recorder’s Office within one year of the date of City Council action.
Roll Call: Ayes- Schill, Szurek and Novitsky. MOTION PASSED
The
following Resolution will go to the City Council July 10, 2017
P & Z Minutes
Page 4
July 5, 2017
RESOLUTION NO. 2017-72
A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Minor Subdivision in accordance with City Code Section 9.104 (K), for the property located
at 2112 43rd Ave NE.
Whereas, a proposal (Case # 2017-0701) has been submitted by Meagan Thornburg (Zak) to the City Council requesting approval of a Minor Subdivision from the City
of Columbia Heights at the following site:
ADDRESS: 2112 43rd Ave. NE
LEGAL DSCRIPTION: On file at City Hall.
THE APPLICANT SEKS THE FOLLOWING: Minor Subdivision approval per City
Code Section 9.104 (k).
Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on July 5, 2017;
Whereas, the City Council has considered
the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Minor Subdivision upon the health, safety, and welfare of the community and
its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas;
Now,
therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City Council of the City of Columbia Heights makes the following:
FINDINGS
OF FACT
Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a minor subdivision. They are as follows:
1. The proposed subdivision
of land will not result in more than three lots.
2. The proposed subdivision of land does not involve the vacation of existing easements.
3. All lots to be created by the proposed subdivision
conform to lot area and width requirements established for the zoning district in which the property is located.
4. The proposed subdivision does not require the dedication of public
rights-of-way for the purpose of gaining access to the property.
5. The property has not previously been divided through the minor subdivision provisions of this article.
6. The proposed
subdivision does not hinder the conveyance of land.
7. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments.
8. The proposed
subdivision meets all of the design standards specified in Section 9.115.
Further, be it resolved, that the attached plans, maps, and other information shall become part of this Minor
Subdivision approval; and in granting approval the City and the applicant agree that the Minor Subdivision shall become null and void if the Subdivision has not been filed with the Anoka
County Recorder’s Office within one (1) calendar year after the approval date.
CONDITIONS
1. The applicant shall be responsible for filing the approved subdivision with the Anoka County
Recorder’s Office. The approved Minor Subdivision will become invalid if the subdivision is not filed with the Anoka County recorder’s Office within one year of the date of City Council
action.
P & Z Minutes
Page 5
July 5, 2017
CASE NUMBER: 2017-0702
APPLICANT: Dominium
LOCATION: 47th and Central Avenue
REQUEST: APPROVE CONFORMITY OF THE TAX INCREMENT FINANCING PLAN TO
THE COMPREHENSIVE PLAN AND ADOPTION OF RESOLUTION 2017-PZ05
Dahl told members that on May 1, 2017, the Columbia Heights Economic Development Authority (the “EDA”) received a proposal
from Dominium for the establishment of a tax increment financing district (commonly referred to as “TIF”) to provide public financial assistance for the development of an affordable
multi-family, workforce housing project to be located at 1069 Grandview Court NE and 4729 Grand Avenue NE, Columbia Heights (the “Subject Property”). In the City of Columbia Heights
(the “City”) and pursuant to the City Charter, the EDA is the authorized authority to exercise TIF powers; however, the EDA may not exercise said TIF powers without prior approval of
City Council. Thus, City Council has scheduled a public hearing on July 10, 2017 at approximately 7:00 PM to consider the modification and establishment of the proposed TIF district.
Furthermore, before or at the time of said public hearing, the City Council is required to make certain findings pursuant to State Statue 469.175, Subd 3. in regards to the conformity
of the proposed TIF Plan to the general plans for development and redevelopment of the City. Therefore, since the Planning & Zoning Commission (the “P&Z”) is an advisory board of the
City Council on matters related to the general plans for development and redevelopment as prescribed in the Comprehensive Plan, the City Council has requested that the P&Z review the
proposed TIF Plan to determine if it conforms to the Comprehensive Plan of the City. If determined by commission members that the proposed TIF Plan conforms to the Comprehensive Plan,
Resolution 2017-PZ05 should be approved as presented.
Please note: a TIF Plan is strictly a planning document that is required by State Statute to reflect the full length of the proposed
TIF district; it in no way constitutes the proposed term length or dollar amount of the TIF district. The proposed term length and dollar amount are part of a separate document, the
Contract for Private Redevelopment between the developer and the authorized authority to exercise TIF powers.
ZONING ORDINANCE
The Subject Property is located in a Mixed-Use District
on the corner of 47th and Grand Avenue. The Subject Property is comprised of approximately 4.93 acres of land, and is adjacent to the following zoning designations:
North: Mixed-Use
District (MXD)
East: Built as Duplexes Residential Districts (R-2B)
South: Multiple Family Residential District (R-3)
West: Mixed-Use District (MXD)
P & Z Minutes
Page 6
July 5, 2017
COMPREHENSIVE PLAN
The City has identified three mixed-use districts in an effort to differentiate the three types of developments: Transit Oriented
Development, Community Center Development, and Transitional Development. The Comprehensive Plan guides the Subject Property for Transit Oriented Mixed-Use Development, which is defined
as an area within the City that promotes interaction between medium to high density housing; transit facilities; and neighborhood services, such as restaurants, retail and office space.
The main focus of this district is to accommodate affordable housing for the community’s workforce, but also to ensure a safe pedestrian friendly environment that increases non-motorized
modes of transportation.
The proposed TIF Plan would offset qualified costs for the development of an affordable multi-family, workforce housing project. And, pursuant to the Comprehensive
Plan, meets the residential development intent of the Transit Oriented Mixed-Use Development District. The project would consist of an estimated 173 units, all of which would be affordable
to households with incomes at or below sixty percent (60%) of the area median income (the “AMI”).
The AMI is the midpoint of a region’s income distribution; half of the households
in a region earn more and half earn less. The US Department of Housing and Urban Development defines and calculates different levels of AMI for regions across the country by household
size. In 2017, the Twin Cities 60% AMI has been defined as follows:
Household Size
Income Threshold
1 Person
$ 37,980
2 People
$ 43,440
4 People
$ 54,240
Therefore,
several provisions in the proposed TIF Plan respond to numerous planning goals and policies adopted in the Comprehensive Plan. Many of which conform to the development requirements of
the Transit Oriented Mixed-Use Development District. Below are specific goals and policies from the Comprehensive Plan that directly correlate to the conformity of the proposed TIF
Plan to the general plans of development and redevelopment for the City.
Goal: Provide mechanisms for successful redevelopment of vacant lands and targeted areas within the community.
Encourage
infill development that demonstrates compatibility with existing neighborhood characteristics, in terms of quality, design, building height, placement, scale and architectural quality.
Goal:
Provide convenient access to mixed land use developments to encourage more trips via non-motorized modes of travel and less by automobile.
Place mixed use land uses adjacent to transit
with convenient pedestrian access.
P & Z Minutes
Page 7
July 5, 2017
Goal: Provide a variety of life cycle housing opportunities within the community.
In redevelopment areas of the city, incorporate, when appropriate,
options for housing that is affordable at 60% of the most recent area median income to help achieve the Metropolitan Council Livable Communities housing goals identified for 2011-2020.
Identify
higher density redevelopment that will include a percentage of units targeted for workforce housing.
DESIGN GUIDELINES
The request from the City Council is for the P&Z to review and
determine if the proposed TIF Plan conforms to the Comprehensive Plan. Therefore, the design guidelines are not applicable.
SITE PLAN
The request from the City Council is for the
P&Z to review and determine if the proposed TIF Plan conforms to the Comprehensive Plan. Therefore, a site plan is not applicable.
FINDINGS OF FACT
The request from the City Council
is for the P&Z to review and determine if the proposed TIF Plan conforms to the Comprehensive Plan. Therefore, isn’t subject to Findings of Fact.
Questions from members:
Chairperson
Szurek clarified that the only job of the members of the Planning and Zoning Commission tonight was to state whether the proposed TIF District is compatible with the Comprehensive Plan.
It is not their role to state whether they want the development or not as that is up to the Council to do that. Dahl confirmed that was correct. Dahl also stated the Public Hearing
for the proposed TIF District is on July 10, 2017 at 7:00 p.m. and wanted to make that known. Residents are more than welcome to come to that Public Hearing and ask questions to gain
an understanding of tax increment financing. Dahl explained that tax increment financing does not specifically raise taxes and they are not tax dollars that are going to pay for the
development. It is specifically the future tax dollars from the development that are paying for those costs. It is essentially a rebate program for development.
Novitsky questioned
if the TIF District was approved, would Grand Central Lofts have an option to develop something on those parcels. Dahl stated that staff will look at development with people who have
some entitlement to the property at this time, such as the current owner of the property, which is New Heights Development. However, Dominium currently has these two parcels under contract;
therefore, staff would only review proposals from Dominium or New Heights Development.
Chairperson Szurek questioned if the Grand Central Loft Association gave up control of that
property at some point several years ago. Dahl confirmed that was correct and stated the original development there was a Master Declaration approved in 2005 by the condo association,
which granted the association several powers to control the development of the parcels within that development area. In 2010, the developer presented the Board of Commissioners of the
association with an amendment that would remove the parcels, along with the
P & Z Minutes
Page 8
July 5, 2017
easements around those two parcels, whereby relinquishing the associations control over the property. The amendment was passed unanimously by the
association at that time.
Motion by Schill, seconded by Novitsky, to adopt Resolution 2017-PZ05, a resolution of the City of Columbia Heights Planning and Zoning Commission finding
that a modification to the development program for the Downtown Central Business District (CBD) redevelopment project and a tax increment financing plan for the 47th and Grand TIF District
conform to the general plans for the development and the redevelopment of the City.
Roll Call: Ayes – Schill, Szurek and Novitsky. MOTION PASSED
The City Council will hold a public
hearing to consider the modification and establishment of the proposed 47th and Grand Tax Increment Financing District on July 10th, 2017.
P & Z Minutes
Page 9
July 5, 2017
PLANNING COMMISSION
CITY OF COLUMBIA HEIGHTS, MINNESOTA
RESOLUTION NO. 2017-PZ05
RESOLUTION OF THE CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION
FINDING THAT A MODIFICATION TO THE DEVELOPMENT PROGRAM FOR THE DOWNTOWN CENTRAL BUSINESS REDEVELOPMENT PROJECT AND A TAX INCREMENT FINANCING PLAN FOR THE 47TH AND GRAND TAX INCREMENT
FINANCING DISTRICT CONFORM TO THE GENERAL PLANS FOR THE DEVELOPMENT AND REDEVELOPMENT OF THE CITY.
WHEREAS, the Columbia Heights Economic Development Authority (the "EDA") and the
City of Columbia Heights (the "City") have proposed to adopt a Modification to the Development Program for the Downtown Central Business Redevelopment Project (the "Development Program
Modification") and a Tax Increment Financing Plan for the 47th and Grand Tax Increment Financing District (the "TIF Plan") (the Development Program Modification and the TIF Plan are
referred to collectively herein as the "Program and Plan") and have submitted the Program and Plan to the City Planning Commission (the "Commission") pursuant to Minnesota Statutes,
Section 469.175, Subd. 3, and
WHEREAS, the Commission has reviewed the Program and Plan to determine their conformity with the general plans for the development and redevelopment
of the City as described in the comprehensive plan for the City.
NOW, THEREFORE, BE IT RESOLVED by the Commission that the Program and Plan conform to the general plans for the development
and redevelopment of the City as a whole.
Dated: July 5, 2017
_______________________________________
Chair
ATTEST:
___________________________________
Secretary
P & Z Minutes
Page 10
July 5, 2017
OTHER BUSINESS
Holmbeck told members that the regular Planning & Zoning meeting scheduled for November 7, 2017 will be moved to Wednesday,
November 8, 2017 due to School Board Elections occurring on the 7th.
The meeting was adjourned at 7:28 pm.
Respectfully submitted,
Jodi Griffin
Acting Secretary