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HomeMy WebLinkAbout2008-09-03 Minutes PLANNING AND ZONING COMMISSION MINUTES OF THE REGULAR MEETING SEPTEMBER 3, 2008 7:00 PM The meeting was called to order at 7:00 pm by Chair-Marlaine Szurek. Commission Members present- Thompson, Schmitt, Peterson, and Szurek. Absent: Fiorendino Also present were Jeff Sargent (City Planner), Gary Peterson (Council Liaison), and Shelley Hanson (Secretary). Motion by Schmitt, seconded by Peterson, to approve the minutes from the meeting of August 6, 2008. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2008-0901 This case was withdrawn. CASE NUMBER: 2008-0902 APPLICANT: New Perspectives LOCATION: 3801 Hart BLvd REQUEST: Variance, CUP, and Site Plan Approval INTRODUCTION New Perspectives is a senior living provider that specializes in providing assistance to seniors with medical disabilities and memory loss. New Perspective Senior Living operate 10 facilities in the Midwest and combines a vast background of experiences and resources over the course of two decades into an innovative and practical approach to vibrant senior based communities. Representatives from New Perspectives approached city staff with a proposal to complete the Comforts of Home project located at 3801 Hart Boulevard. With the Comforts of Home project struggling financially, the construction on the project has stopped completely, with the underground parking area, foundation and elevator shaft currently built. Without the proposal from New Perspectives, the remainder of the project would unlikely be constructed. The proposal from New Perspectives includes completing the construction of the project, as well as taking over all management responsibilities once the building is complete. As part of the proposed takeover, New Perspectives would also like to add 24 more units than the original Comforts of Home project proposed. These units would be located on the same building footprint as the proposed Montessori School, with the Montessori School not being a part of the proposed plan. At this time, New Perspectives is requesting three (3) approvals in association with the construction of a senior assisted living facility. They are as follows: Planning & Zoning Commission Minutes Page 2 September 3, 2008 1.A Conditional Use Permit for a senior assisted living facility in the R-3, Multiple Family Residential District per Code Section 9.109 (G)(3)(i). 2.A Site Plan Approval. 3.A 19-foot front yard parking setback in the R-3 District per Code Section 9.109 (C). PLANNING CONSIDERATIONS Comprehensive Plan The Comprehensive Plan guides the Comforts of Home parcel as Medium Density Residential, which is consistent with the proposed zoning of the land and the proposed use of the land as a senior assisted living facility. Zoning Ordinance The property at 3801 Hart Blvd. is zone R-3, Multiple Family Residential, as are the properties to the north. The properties to the east and south are zoned GB, General Business, and Hart Lake is located to the west. As stated previously, New Perspectives is taking over the Comforts of Home Project, and will be expanding on the previously approved number of units. The City Council approved the Comforts of Home project with 52 assisted living units, and New Perspectives is proposing to construct a total of 76 units. The Montessori School, which was approved via the Comforts of Home project, will no longer be a part of the plan, as the additional 24 units will occupy the space that the Montessori School would have taken up. The R-3, Limited Multiple Family Residential District requires a minimum of 400 square feet of land area for every one (1) unit for a congregate living facility. The proposed assisted living facility will have 76 units, requiring a minimum of 30,400 square feet of land. The proposed land area for the parcel will be 107,593 square feet, meeting the minimum land area requirement for the district. CONDITIONAL USE PERMIT. The zoning ordinance at Section 9.109 (G)(3)(i) requires a Conditional Use Permit (CUP) for any type of senior living facility in the R-3, Multiple-Family Residential District. The Comprehensive Plan indicates that by the year 2010, an estimated 25.7% of Columbia Heights’ population will be 55 years of age or older. A housing goal as listed in the Comprehensive Plan is to provide a variety of life-cycle housing opportunities within the community. The proposed CUP would help supply senior housing and provide the life-cycle housing opportunities needed in Columbia Heights. Although a CUP was approved for the Comforts of Home project, a new CUP is required for New Perspectives because of the additional 24 units added to the site. VARIANCE. New Perspectives is requesting a 19-foot front yard setback variance at this time. As a function of the location of the building and a large storm water holding pond on site, the applicant’s only alternative for the location of some of the parking stalls was a location 11 feet from the front property line. The proposed variance would enable the applicant to have good traffic flow throughout the site and would help facilitate a pedestrian link to a future pedestrian trail along the west side of Hart Boulevard. It should be noted that this variance was approved for the original Comforts of Home project. New Perspectives is required to re-apply and receive approval for the requested variance because one year has elapsed from the date the City Council approved the variance, and no construction has been completed for on-site parking. Planning & Zoning Commission Minutes Page 3 September 3, 2008 Site Plan PARKING. The City Code requires a minimum of 1 parking space for every 2 units in an assisted living facility. The proposed New Perspectives building will have 76 units, requiring 38 parking stalls. The parking breakdown is as follows: The proposed plans indicate that there will be 32 underground parking stalls servicing the New Perspectives building, and an additional 44 parking stalls at grade level for a total of 76 parking stalls on site. Being that the development is only required to have 38 parking stalls, the project will be adequately parked. LANDSCAPING. The City’s landscaping requirements require a minimum of one tree for every 30 feet of street frontage or fraction thereof. The trees shall be planted within the front yard and may be arranged in a cluster or placed at regular intervals to best complement existing landscape patterns in the area. The landscaping code also requires parking areas to have a minimum of 100 square feet of landscape area and 1 over-story tree for each 20 spaces, or fraction thereof. The proposed development has approximately 345 feet of frontage along Hart Boulevard, requiring 12 trees planted in the front yard area. The proposed plan indicates that there will be 20 trees planted within the front yard of the property. There are also 44 above-ground parking stalls located on the property, requiring at least 2 over-story trees to be planted in the parking area. The proposed landscape plan indicates that there will be 12 over-story trees planted in the parking lot area. It should be noted that the proposed landscape plan is the same that was approved for the Comforts of Home project, with no changes made. UTILITIES AND STORMWATER MANAGEMENT. All utility and stormwater management plans have been reviewed by the City Engineer and approved for the Comforts of Home project. New Perspectives will not alter the plans as approved, and will continue with the construction of these elements as initiated by Comforts of Home. No changes are proposed from the originally approved plans. FINDINGS OF FACT Conditional Use Permit Section 9.104 (H) of the Columbia Heights zoning code requires that the City Council make each of the following 9 findings before approving a Conditional Use Permit: 1.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. A senior assisted living facility is specifically listed as a conditional use in the R-3, Multiple Family Residential District. 2.The use is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area for Medium Density Residential housing. The use of a senior assisted living, 76-unit building is in harmony with this classification. 3.The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not impose hazards or disturbing influences on neighboring properties. An assisted living facility is tranquil in nature and the building itself will upgrade the current use of the land and complement the surrounding area. Planning & Zoning Commission Minutes Page 4 September 3, 2008 4.The use will not substantially diminish the use of the property in the immediate vicinity. The use of the property in the immediate vicinity will not be diminished in any way with the proposed use of the land as a senior assisted living facility. 5.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 designed, constructed and operated by New Perspectives. As a company, New Perspectives ensures that their facilities are operated in a manner consistent with all state and local laws. The subject parcel and surrounding area are intended for redevelopment purposes. The proposed use would be compatible with the intended character of the area for this reason. 6.The use and property upon which the use is located are adequately served by essential public facilities and services. The existing use of the property is the abandoned Apache Theatre, which was adequately served by public facilities and services. The proposed use of the land will tie into the existing facilities on site to adequately serve the building. 7.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. Assisted living facilities generally do not generate an excess amount of traffic on the surrounding public streets. The proposed project would generate an additional 146 trips per day on average, and would increase the traffic volume by 6.5 vehicles per hour on average during the peak evening peak rush hour. Kevin Hansen, City Engineer, has reviewed the proposed plans and has indicated that the increase in traffic would be minimal and that the local and regional road networks would be able to accommodate the increase in traffic. The on site circulation of traffic has been addressed as well. The applicant is requesting two variances in association with the parking setbacks and stall lengths to better help the circulation. 8.The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. The proposed use will cause a positive cumulative effect on other uses in the immediate vicinity. This area was one of the areas that the City Council wanted redeveloped. The proposed plan will get rid of an abandoned, unused theater and will replace it with a senior housing use needed throughout the Twin Cities metro area. 9.The use complies with all other applicable regulations for the district in which it is located. The use complies with all other applicable regulations for the district in which is it located. Site Plan Section 9.104 (M) of the Columbia Heights zoning code requires that the Planning Commission make each of the following 4 findings before approving a Site Plan: Planning & Zoning Commission Minutes Page 5 September 3, 2008 1.The site plan conforms to all applicable requirements of this article. The site plan conforms to all applicable requirements of this article as they pertain to the building setback. The proposed site plan will require a 19-foot front yard setback variance for hard surface parking. 2.The site plan is consistent with the applicable provisions of the city’s comprehensive plan. The City’s Comprehensive Plan guides this area for Medium Density Residential. The proposed use of the land for senior assisted living is consistent with the provisions of the Comprehensive Plan. 3.The site plan is consistent with any applicable area plan. There are no area plans for the project site. 4.The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. The properties most affected by the proposed site plan are those properties to the east and north of the subject parcel. The applicant has placed the building in such a manner as to screen the remainder of the property from the east and the north. The parking setback variance requirement is along the western property line, in a location that does not pose adverse impacts to the surrounding properties. Variance Section 9.104 (G) of the Columbia Heights zoning code requires that the City Council make each of the following 5 findings before approving a variance. The following findings of fact pertain to the 19-foot front yard setback variance for hard surface parking: 1.Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause undue hardship. The parking lot setback was placed 11 feet from the front property line in order to promote better traffic flow throughout the project, and would still provide for adequate green space between the parking and the street curb. The orientation and placement of the building would make it difficult to locate the proposed parking in an alternate location. 2.The conditions upon which the variance is base are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. The property has more frontage along Hart Boulevard than is has depth. Because of the configuration of the property, it makes it difficult to place the required storm water retention pond and associated features, the building, and the parking lot without encroaching on the property lines. The 19-foot front yard setback variance for hard surface parking is required because of the orientation of the building on the property. The orientation of the parcel is unique to this specific parcel. Planning & Zoning Commission Minutes Page 6 September 3, 2008 3.The difficulty or hardship is caused by the provisions of this article and has not been created by any person currently having a legal interest in the property. The R-3 District has strict guidelines as they pertain to both building and parking lot setbacks. The strict guidelines force the building and parking lot areas to be confined to a specific area on the parcel. The City’s R-4 District, which allows for a higher density use, has more lenient setback requirements for the building placement. The provisions of the article cause the difficulty in placing the required elements on the property without needing variances to do so. 4.The granting of the variance is in harmony with the general purpose and intent of the comprehensive plan. The Comprehensive Plan guides this area for Medium Density Residential, which is consistent with the proposed use of the land as a senior assisted living facility. The variance is needed for accessory uses to the principal use of the land, so granting the variance would also be in harmony with the general purpose and intent of the comprehensive plan. 5.The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. The granting of the 19-foot front yard setback variance for hard surface parking would not be materially detrimental or injurious to the public because the location of the parking lot is adjacent to the Hart Boulevard right-of-way. Across the street is Hart Lake, so neighboring properties are not affected. CONCLUSION The Apache Theatre site is an area that the City Council called out as one of the major redevelopment focus sites in the City. The proposed use of the land required a Comprehensive Plan Amendment, a Rezoning, a new plat, a Conditional Use Permit, a Site Plan approval and a variance, and is consistent with the type of use that would be beneficial to the city. New Perspectives is willing to overtake the previously approved Comforts of Home project in an effort to ensure that the senior assisted living facility is constructed. Questions from members: Thompson stated that the new plan with additional units takes care of the concern the commission had with the original plan of locating a Montessori School near the Liquor Store. He thinks this is a better plan, as this type of facility is greatly needed. Schmitt questioned who would be responsible for the maintenance of the ponding areas. Sargent explained there is a joint powers agreement between the City and whoever owns the parcel that the assisted living facility sits on to be jointly responsible for costs and maintenance of those areas. Schmitt asked to have the Bio-Filter system explained in greater detail. Sargent stated it is similar to a rain garden and is part of the storm water management system proposed for the site to meet the requirements. Planning & Zoning Commission Minutes Page 7 September 3, 2008 Schmitt then asked about the Shoreline District Ordinance and whether the site would be affected by the new requirements. Sargent stated he didn’t think the new ordinance requirements would pertain since the square footage of the building is not being increased. He felt the original plan would be grandfathered in. She then asked why that would be grandfathered in, and not the variance. He explained that there is a one- year timeline on variance approvals and that the City Attorney had advised it be re-approved by the Commission and City Council. Szurek thought it would be a nice facility for our city. She is anxious to see the projected completed. Todd Novaczyk from New Perspectives and Brett Thompson from VSI Construction were present to answer questions. Novaczyk stated additional memory care units are being added due to the lack of available units in the northern metro area. His research indicated that there are only 62 units now available in the surrounding area for those affected with memory loss, and there is a long waiting list to get someone into a facility for this type of care. The additional units will be added by making some slight modifications to the layout of the original plan and by utilizing the space where the Montessori School was proposed to be located, so they will not be increasing the footprint of the building. Novaczyk and Thompson said they hope to begin construction this fall and have the project completed by the summer of 2009. They have already received a commitment letter from their lender so everything should move quickly. Public Hearing Opened. No one was present to speak on this issue. Public Hearing Closed. Motion by Peterson, seconded bySchmitt, that the Planning Commission recommends the City Council approve the Conditional Use Permit to allow a senior assisted living facility in the R-3, Multiple Family Residential District per Code Section 9.109 (G)(3), based on the following conditions of approval that have been found to be necessary to protect the public interest and ensure compliance with the provisions of the Zoning and Development Ordinance, including: 1.All required state and local codes will be met and in full compliance. 2.All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. All ayes. MOTION PASSED. The following Resolution will go to the City Council September 8, 2008. Planning & Zoning Commission Minutes Page 8 September 3, 2008 RESOLUTION NO. 2008-XX RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR NEW PERSPECTIVES WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0902) has been submitted by New Perspectives Senior Living to the City Council requesting a conditional use permit from the City of Columbia Heights at the following site: ADDRESS: 3801 Hart Boulevard LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING PERMIT: A Conditional Use Permit per Code Section 9.109 (G)(3)(i), to allow an addition to a senior living facility in the R-3, Limited Multiple-Family Residential District. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on September 3, 2008; WHEREAS, the City Council has considered the advice and recommendations of the Planning 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; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights after reviewing the proposal, that the City Council accepts and adopts the following findings of the Planning Commission: 1. 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. 2. The use is in harmony with the general purpose and intent of the Comprehensive Plan. 3. The use will not impose hazards or distributing influences on neighboring properties. 4. The use will not substantially diminish the use of property in the immediate vicinity. 5. 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. 6. The use and property upon which the use is located are adequately served by essential public facilities and services. 7. 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. 8. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. 9. The use complies with all other applicable regulations for the district in which it is located. FURTHER, BE IT RESOLVED , that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this 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. CONDITIONS ATTACHED: 1. All required state and local codes will be met and in full compliance. 2. All application materials, maps, drawings and descriptive information submitted with this application shall become part of the permit. Passed this __ day of September, 2008 Planning & Zoning Commission Minutes Page 9 September 3, 2008 Schmitt, Motion by Peterson, seconded bythat the Planning Commission recommend the City Council approve the 19-foot front yard setback variance for hard surface parking per Code Section 9.109 (C). All ayes. MOTION PASSED. The following Resolution will go to the Council September 8, 2008. RESOLUTION NO. 2008-XX RESOLUTION APPROVING A VARIANCE FROM CERTAIN CONDITIONS OF THE CITY OF COLUMBIA HEIGHTS ZONING CODE FOR NEW PERSPECTIVES SENIOR LIVING WHEREAS , a proposal (Case # 2008-0902) has been submitted by New Perspectives Senior Living to the City Council requesting a variance from the City of Columbia Heights Zoning Code at the following site: ADDRESS: 3801 Hart Boulevard LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING RELIEF: A 19-foot front yard setback variance for hard surface parking per Code Section 9.109 (C). WHEREAS, the Planning Commission has held a public hearing as required by the City Zoning Code on September 3, 2008; WHEREAS , the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variance upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Columbia Heights that the City Council accepts and adopts the following findings of the Planning Commission: 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification. 3. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. FURTHER, BE IT RESOLVED , that the attached plans, maps, and other information shall become part of this variance and approval; and in granting this variance the city and the applicant agree that this variance 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. Passed this __ day of September, 2008 Planning & Zoning Commission Minutes Page 10 September 3, 2008 Motion by Peterson, seconded by Schmitt, to waive the reading of Resolution No. 2008-PZ17, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Peterson, seconded by Schmitt, to adopt Resolution No. 2008-PZ17, being a resolution approving a site plan for the construction of a new senior living facility located at 3801 Hart Boulevard. All ayes. MOTION PASSED. RESOLUTION NO. 2008-PZ17 RESOLUTION OF THE PLANNING AND ZONING COMMISSION APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A NEW SENIOR LIVING FACILITY AT 3801 HART BOULEVARD WITHIN THE CITY OF COLUMBIA HEIGHTS, MINNESOTA WHEREAS, a proposal (Case #2008-0902) has been submitted by New Perspectives Senior Living to the Planning and Zoning Commission requesting a site plan approval from the City of Columbia Heights at the following site: ADDRESS: 3801 Hart Boulevard LEGAL DESCRIPTION: Lot 1, Block 1, Hart Lake Addition. THE APPLICANT SEEKS THE FOLLOWING PERMIT: Site Plan approval for the construction of a new senior living facility at 3801 Hart Boulevard. WHEREAS, the Planning Commission has held a public hearing as required by the city Zoning Code on Sept 3, 2008; WHEREAS, the Planning and Zoning Commission has considered the advice and recommendations of the City staff regarding the effect of the proposed site plan upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concerns related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding areas; and NOW, THEREFORE, BE IT RESOLVED by the Planning and Zoning Commission of the City of Columbia Heights after reviewing the proposal, that the Planning and Zoning Commission accepts and adopts the following findings: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the city’s comprehensive plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of- way. FURTHER, BE IT RESOLVED , that the attached conditions, maps, and other information shall become part of this permit and approval; and in granting this 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. rd Passed this 3 day of September 2008, Offered by: Seconded by: Roll Call: CHAIR Marlaine Szurek Attest: SECRETARY, Shelley Hanson Planning & Zoning Commission Minutes Page 11 September 3, 2008 Approval is contingent upon execution and return of this document to the City Planning Office. I have read and agree to the conditions of this resolution as outlined above. _____________ __ Todd Novaczyk Date OTHER BUSINESS None Motion by Schmitt, seconded by Peterson to adjourn the meeting at 7:30 p.m. Respectfully submitted, Shelley Hanson Secretary