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HomeMy WebLinkAbout20180605_Planning_Minutes MINUTES OF PLANNING COMMISSION JUNE 5, 2018 6:00 PM The meeting was called to order at 6:00 pm by Chair Szurek. Commission Members present- Novitsky, Hoium, Kaiser, Sahnow, and Szurek. Commission Members absent: Fiorendino and Schill Also present were Elizabeth Hammond (Planner), Keith Dahl (Community Development Manager), Shelley Hanson (Secretary), and John Murzyn (Council Liaison). APPROVAL OF MINUTES Motion by Hoium , seconded by Kaiser , to approve the minutes from the meeting of May 1, 2018. All ayes. MOTION PASSED. PUBLIC HEARING CASE #: 2018-0601 APPLICANT: City of Columbia Heights th LOCATION: 590 40 Avenue NE REQUEST: ZONING TEXT AMENDMENT FOR PLANNED UNIT DEVELOPMENT DIST, ORD NO. 1647 Dahl explained that the City of Columbia Heights (the “City”) has had an extensive history with respect to Planned Unit Development (Commonly referred to as “PUD”) Districts since 1974. Nevertheless, on May 29, 2001, the City Council unanimously approved Ordinance No. 1428, an ordinance which effectively repealed and replaced the previous Zoning Ordinance of the City, but subsequently eliminated the PUD District. The intent behind the elimination was for the newly created Mixed Use Development (Commonly referred to as “MXD”) District to replace the traditional PUD District. However, over the years, staff has determined that the MXD District is not adequately functioning how it was intended to function as a strategy for the City to encourage flexible high-quality design for development and redevelopment projects. Therefore, staff has drafted a proposed ordinance which would re-establish the PUD District so that the City may attain a higher quality of design for future development and redevelopment projects throughout the community. A PUD District is generally described as a type of development or redevelopment that follows a separate regulatory approval process, which results in a development outcome that exceeds the typical development achievable through the standard requirements of the primary zoning district. Dahl stated the proposed ordinance attached was drafted to reflect the previous format of the PUD District eliminated by Ordinance No. 1428, as well as to incorporate several new provisions that were identified by staff to be applicable based on an evaluation of other PUD Districts in ten (10) different cities, specifically Brooklyn Center, Fridley, Golden Valley, Hopkins, North St. Paul, Richfield, Robbinsdale, Roseville, St. Louis Park, and West St. Paul. 20180605_Planning_Minutes Planning Commission Minutes Page 2 June 5, 2018 Dahl told members that as part of the PUD process he has written into the Ordinance that a neighborhood meeting would be held and that notices would be sent to all property owners and tenants within 350 feet surrounding the proposed PUD District. FINDINGS OF FACT Pursuant to Section 9.104, Subdivision (F) of the City Code, the Planning Commission shall make the following findings of fact before recommending a zoning amendment approval to the City Council: 1.The amendment is consistent with the Comprehensive Plan. The proposed zoning amendment responds to several, if not all, of the goals and policies adopted in the 2030 Comprehensive Plan and proposed in the 2040 Comprehensive Plan of the City, specifically related to Land Use & Redevelopment, Housing, Economic Development, Parks & Trails, Transportation, and Surface Water Management. 2.The amendment is in the public interest and is not solely for the benefit of a single property owner. The proposed amendment would be effective for all properties within the City. 3.Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Not applicable. 4.Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in the current zoning classification. Not applicable. Questions/comments from members: Sahnow asked if the MXU District is kept and the PUD is added, would there be a minimum size requirement to use the PUD. Dahl responded that a minimum size requirement had not been established for our City even though other cities do have a requirement. He stated that Columbia Heights is so built up that we don’t normally have big sites left. Hoium asked if the overlay would only be used in the MXU district or would it apply to other districts as well. Dahl said any property could be considered upon request. Szurek asked if this is being proposed to create more flexibility for development and Dahl said, yes. She asked if you could potentially lay it over a whole neighborhood. Dahl said you could, but every owner and tenant would have to give their consent, if it entailed a whole neighborhood. Only property owners can request a PUD. Dahl told members this concept was last used in 2000 for Columbia Heights Townhomes. 20180605_Planning_Minutes Planning Commission Minutes Page 3 June 5, 2018 Dahl gave an example where this could be used. He said currently the old Rainbow Mall is restricted to having one structure on that site. Under a PUD they could potentially remodel the existing store and add other structures on the same property. He told members that the City retains the right to approve the use of a PUD. Public Hearing Opened. No one was present to speak on this matter. Public Hearing Closed. Motion by Sahnow, seconded by Hoium, to recommend to the City Council that they approve Ordinance No. 1647, an ordinance amending City Code of 2005 relating to Zoning and Land Development, and establishing a Planned Unit Development District within the City of Columbia Heights. All ayes. MOTION PASSED. ORDINANCE NO. 1647 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO ZONING AND LAND DEVELOPMENT, AND ESTABLISHING A PLANNED UNIT DEVELOPMENT DISTRICT WITHIN THE CITY OF COLUMBIA HEIGHTS The City of Columbia Heights, Minnesota (the “City”) does ordain: SECTION I: That Chapter 9, Article 1: Zoning and Land Development of City Code is hereby amended to read as follows, to wit: §9.113 PLANNED UNIT DEVELOPMENT DISTRICT. §9.113 9.114 OVERLAY DISTRICTS. §9.114 9.115 PUBLIC AND OPEN SPACE DISTRICT. §9.115 9.116 SUBDIVISION REGULATIONS. SECTION II: That Chapter 9, Article 1, Section 9.113: Planned Unit Development District shall hereafter read as follows, to wit: §9.113 PLANNED UNIT DEVELOPMENT DISTRICT. (A) Purpose. The purpose of the PUD, Planned Unit Development District is to provide greater flexibility with development and redevelopment; preserve historical, environmental, and aesthetically significant features; promote a high quality of design; and encourage more technological and energy efficient developments. This is achieved by undertaking a process that results in a development outcome that exceeds the typical development achievable through standard zoning controls. (B) General Provisions. (1) Relationship to other applicable regulations. 20180605_Planning_Minutes Planning Minutes Page 4 June 5, 2018 (a) Property located within a PUD District shall be subject to the land use controls described in the primary zoning district, as well as the rules and regulations prescribed in the PUD District plan. Where the provisions of the primary zoning district and the PUD District plan are in conflict, the PUD District plan shall govern. (b) The PUD District plan review process, in accordance with the provisions of this section, constitute and supersede the requirements set forth in §9.104, subdivision (N)(2). (2) Right of application. Any person having a legal interest in the property may file an application for the establishment of a PUD District to the Zoning Administrator. (3) Authority. The City retains absolute authority and discretion to establish a PUD District, and reserves the right to deny the establishment of a PUD District if the City Council determines that the proposed benefits of the development do not justify the requested flexibilities of a PUD District. (4) Administration. The administration and enforcement of this section shall be in accordance with the provisions of §9.104. (5) Application. An application for establishment of a PUD District shall be filed with the Zoning Administrator on the approved form and shall be accompanied by an application fee as set forth in §9.104, subdivision (C)(5). An application shall include a narrative; a vicinity map; an accurately scaled site plan showing the locations of proposed and existing buildings, existing and proposed topography, vehicular access and parking areas, landscaping, and other site features; a stormwater management plan; elevation views of all proposed buildings and structures; and any other information determined by the Zoning Administrator to be necessary. (6) Approval. Approval of a PUD District plan shall be by ordinance, a simple majority vote, and in full force and effect from and after 30 days after its passage. (7) Physical Development Contract. After City Council approval of a PUD District plan, a Physical Development Contract shall be required prior to site development. The Physical Development Contract shall reference all the approved plans and specify permitted uses; allowable densities; development phasing if applicable; required public improvements; construction commencement and completion dates of the minimum improvements; an irrevocable letter of credit, or cash deposit in an amount sufficient to ensure the provision or development of public improvements; and any other requirements determined by the Zoning Administrator to be necessary. The Physical Development Contract shall be signed by the applicant or an authorized representative within sixty (60) days after its approval by City Council. 20180605_Planning_Minutes Planning Minutes Page 5 June 5, 2018 (8) Time Limits. An established PUD District shall be validated by the construction commencement of the minimum improvements pursuant to the Physical Development Contract. If the construction commencement fails to meet the deadline specified in the Physical Development Contract, the approval of the PUD District plan by the City Council shall be rendered invalid and void. Notwithstanding the construction commencement time limitations, the City Council may, at its own discretion, approve an extension by approval of an Amendment to the Physical Development Contract if requested by the applicant in writing. (C) Areas of Flexibility. Development flexibility provided through the establishment of a PUD District will not be approved in avoidance of the regulations set forth by the primary zoning district. However, if a development is able to achieve a higher quality of design, efficiency, and technology than what current market conditions allow, the establishment of a PUD District will provide flexibility to the following areas: (1) Building Heights. (2) Building Materials (3) Building and Parking Setbacks. (4) Landscaping Requirements. (5) Multiple Building Placement. (6) Parking and Vehicular Requirements. (7) Public Art Requirements. (8) Public Spaces. (9) Signage Requirements. (10) Site Density. (D) Review Procedure. (1) Pre-application meeting. Prior to filing an application to the Zoning Administrator for the establishment of a PUD District, the applicant shall meet with City staff for a pre-application meeting. The primary purpose of the pre-application meeting is to allow the applicant and City staff to discuss land use controls, appropriate uses of the site, specific development design standards, the application process, and required information that shall be submitted with an application, as well as evaluate how the development will achieve a higher quality of design, efficiency and technology. (2) Development Review Committee. After filing a completed application, the Development Review Committee, comprised of the Zoning Administrator, Building Official, Fire Chief, City Engineer, and his/her appointee, shall conduct an administrative review of the application. All findings and determinations by the Development Review Committee shall be forwarded to the Planning Commission. 20180605_Planning_Minutes Planning Minutes Page 6 June 5, 2018 (3) Neighborhood Meeting. Prior to the consideration of a PUD District plan or a major amendment to a PUD District plan by the Planning Commission, the applicant shall hold a Neighborhood Meeting within City limits, and mail a notification of the Neighborhood Meeting to all property owners and tenants within three hundred and fifty (350) feet surrounding the proposed PUD District. The purpose of the meeting is to inform the neighborhood of the proposed development and obtain input from the affected property owners and tenants. (4) Planning Commission. (a) Informal Public Hearing. The Planning Commission shall hold an informal public hearing for the consideration of a completed application for the establishment of a PUD District in accordance with the requirements of this section. The Planning Commission shall make the following findings of fact before approving the establishment of a PUD District: (i) The PUD District plan conforms to all applicable requirements of this article. (ii) The PUD District plan is consistent with the applicable provisions of the Comprehensive Plan. (iii) The PUD District plan is consistent with any applicable area plan. (iv) The PUD District plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. (b) Recommendation. The findings and recommendation of the Planning Commission shall be forwarded to the City Council. The Planning Commission may impose conditions of recommended approval or modifications to any PUD District plan, and require guarantees deemed necessary to ensure compliance with the requirements of this section. (5) City Council. (a) Formal Public Hearing. The City Council shall hold a formal public hearing for the consideration of a completed application for the establishment of a PUD District in accordance with the requirements of this section. (b) Action. The City Council shall review and consider the recommendations of the Planning Commission, the Development Review Committee, and the public before approval or denial, in whole or in part, is made for establishment of the PUD District. A denial shall only be based on findings of fact that the PUD District plan is not in substantial compliance with the provisions of this section or City Council determines that the proposed benefits of the development do not justify the requested flexibilities of a PUD District. (E) Amendments. An approved PUD District plan may not be changed or modified without prior approval by City Council. A request for an amendment to an approved PUD District plan shall be submitted and reviewed by the Zoning Administrator to determine if it is a minor or major amendment. (a) Minor Amendments. 20180605_Planning_Minutes Planning Minutes Page 7 June 5, 2018 (i) An amendment shall be deemed minor in nature if a change or modification to the approved PUD District plan increases or decreases a provision to be in conformance with the primary zoning district; increases the density of units per acre or gross floor area in any structure by less than equal to ten percent (10%); demolishes or adds an accessory structure; significantly alters the original intent of the landscape plans or elevation views; or is not determined by the Zoning Administrator to be major in nature. (ii) A minor amendment shall be placed on the Consent Agenda of City Council without the review by the Planning Commission. The City Council may remove the minor amendment from the Consent Agenda for discussion before approval or denial. (b) Major Amendments. (i) An amendment shall be deemed major in nature if a change or modification to the approved PUD District plan increases or decreases a provision to not be in conformance with the primary zoning district; increases the density of units per acre or gross floor area in any structure by more than ten percent (10%); demolishes or adds a principle structure; alters the placement of buildings or roads; introduces a new use; decreases the amount of public spaces by more than equal to three percent (3%) or alter it in such a way to change its original intent; creates a conflict with the original conditions of recommended approval; eliminates, substantially diminishes, or compromises the original intent of the PUD District as prescribed in subdivision (A) of this section; or is not determined by the Zoning Administrator to be minor in nature. (ii) A major amendment shall require the submittal of a revised PUD District plan to the Zoning Administrator for full review and approval in accordance with the provisions of this section. (F) Cancellations. An approved PUD District plan shall be cancelled and revoked only upon City Council approving a resolution rescinding the PUD District. Cancellation of a PUD District plan shall include findings of fact that demonstrate that the district is no longer necessary due to changes in local regulations; becomes inconsistent with the Comprehensive Plan of the City; threatens public safety, health, or welfare; or at the request of the applicant or assignee in writing. This ordinance shall be in full force and effect from and after 30 days after its passage. 20180605_Planning_Minutes Planning Minutes Page 8 June 5, 2018 CASE #: 2018-0602 APPLICANT: City of Columbia Heights th LOCATION: 590 40 Avenue NE REQUEST: ZONING TEXT AMENDMENT FOR PROPERTIES LOCATED WITHIN THE LIMITED BUSINESS ZONING ORDINANCE--ORD NO. 1649 nd At the April 2 City Council work session, Hammond said the City Council directed staff to bring forth an Ordinance amending the text of the Zoning Code. The proposed text amendment would disallow certain institutional uses (Religious Facilities, Convents or Monasteries, and K-12 Public or Private Schools) from locating in the Limited Business Zoning District. Currently, these uses are permitted as a permitted conditional use, requiring a Conditional Use Permit from the City prior to operation. Ordinance No. 1649 (attached) is an effort by the City to guide and protect commercially zoned property for future commercial and retail development or redevelopment. There are four areas of the City which contain parcels zoned as Limited Business. These areas are represented on the attached Zoning Map in the color pink and are generally located adjacent to residential commercial properties and along major roadways. The other two commercial zoning districts (Central Business and General Business), are shown in red and dark purple respectively on the map. These two districts currently do not permit the aforementioned institutional uses. If Ordinance No. 1649 is approved, these uses would not be permitted in all commercial areas but still permitted in all residentially zoned areas of the City, which are represented on the attached map and chart in various colors. Existing Religious Facilities, Convents or Monasteries, and K-12 Public and Private Schools that are currently located on a property zoned Limited Business are still able to operate as a legal non-conforming use of land. The text amendment would affect future proposals for these uses in the Limited Business District. FINDINGS OF FACT (a)The amendment is consistent with the comprehensive plan. This is correct. The proposed text amendment is consistent with the 2030 Comprehensive Plan and the updated 2040 Comprehensive Plan (not yet adopted, but currently under final review) which aims to preserve and enhance the existing viable commercial areas within the community. Additionally, the Comprehensive Plan calls out the importance of a strong commercial and industrial base to provide jobs for residents and diversify the tax base. (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. This is correct. (c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Not applicable. 20180605_Planning_Minutes Planning Minutes Page 9 June 5, 2018 (d) Where the amendment is to change the zoning classification of a particular property, there has been a change in the character or trend of development in the general area of the property in question, which has taken place since such property was placed in its current zoning classification. Not applicable. Questions/comments from members: Members wondered how this would affect any current facilities that would be disallowed. Hammond said any of these entities could continue to operate , but going forward they would not be allowed to go in. Kaiser asked if the City was taking this action to preserve our commercial properties and tax base. Hammond said, yes, as that is based on feedback we received going through the latest Comp Plan Update--that residents want more retail and business opportunities within our city limits. Hoium asked if a commercial property could be overlaid with a PUD and change the use to one of these restricted uses. Dahl said the underlying zoning district still holds and the property would have to be re-zoned first, which probably wouldn’t be approved. Kaiser asked if there was a difference in tax revenue between category “C” and “D and E”. Hammond said there was but she couldn’t give specifics to the members. Sahnow asked if a prohibited facility is operating in the LB District, how would it affect their ability to expand. Hammond said they can continue to operate and do regular maintenance, but they would not be allowed to expand. She also said if the building would be destroyed more than 50% they would not be able to rebuild as that use. Hammond said that most Public Schools and religious facilities are located in residential areas. She explained that there are 3 commercial or business districts in the City and this only affects the LB district which will now match the uses in the other commercial districts. Novitsky felt this was a good change as he didn’t feel commercial sites were the best place for schools since there never is enough outside space for kids. Public Hearing Opened. th Tim Utz, 4141 Stinson Blvd., questioned whether the current religious facility at 40 and Quincy would be allowed to rebuild if it burned down or was destroyed by a tornado. Hammond said they would not be able to rebuild, but that is already in the current code as well. th Hoium asked if the religious facility at 40 and Quincy were destroyed could they use a PUD to rebuild. Dahl said, no, as the underlying zoning stays in place, 20180605_Planning_Minutes Planning Minutes Page 10 June 5, 2018 th Novitsky said many homes along 40 Avenue are in the same situation since they are currently zoned LB and are considered non-conforming. Public Hearing Closed. Motion by Novitsky, seconded by Sahnow, that the Planning Commission recommends the City Council approve Ordinance No. 1649, being an Ordinance amending City Code of 2005 relating to institutional uses in commercial areas within the City of Columbia Heights. All ayes. MOTION PASSED. ORDINANCE NO. 1649 BEING AN ORDINANCE AMENDING CITY CODE OF 2005 RELATING TO INSTITUTIONAL USES IN COMMERCIAL AREAS WITHIN THE CITY OF COLUMBIA HEIGHTS NOW, THEREFORE, BE IT RESOLVED The City Council (Council) of the City of Columbia Heights, Minnesota (City) does ordain: SECTION 1: §9.110 (D) (3), City Code of 2005, as it currently reads is amended as follows: (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) Religious facility/place of worship (b) Convent or monastery, when accessory to a religious facility. (c) School, public or private, K-12. (d) School, vocational or business. (e) School, performing/visual/martial arts. (f) Licensed day care facility, child or adult. (g) Government maintenance facility. (h) State licensed residential care facility. (i) Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing. (j) Bed and breakfast home, when accessory to a single-family dwelling. (k) Community center. (l) Recreational facility, indoor. (m) Recreational facility, outdoor. (n) Single-family dwelling, when accessory to a commercial use. (o) Food service, limited (coffee shop/deli). (p) Hospital. (q) Museum/gallery. 20180605_Planning_Minutes (r) Retail sales, not exceeding 2,500 square feet in area. Planning Minutes Page 11 June 5, 2018 (s) Hotel or motel. (t) Fences greater than six feet in height. (u) Brewer taproom, not exceeding 2,000 barrels of malt liquor a year. (v) Brew pub, not exceeding 2,000 barrels of malt liquor a year. SECTION 2: Chapter 9.110, (D) (3), City Code of 2005, shall hereafter read as follows, to wit: (3) Conditional uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in § 9.104, Administration and Enforcement, and the regulations for specific uses set forth in § 9.107, Specific Development Standards: (a) School, vocational or business. (b) School, performing/visual/martial arts. (c) Licensed day care facility, child or adult. (d) Government maintenance facility. (e) State licensed residential care facility. (f) Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing. (g) Bed and breakfast home, when accessory to a single-family dwelling. (h) Community center. (i) Recreational facility, indoor. (j) Recreational facility, outdoor. (k) Single-family dwelling, when accessory to a commercial use. (l) Food service, limited (coffee shop/deli). (m) Hospital. (n) Museum/gallery. (o) Retail sales, not exceeding 2,500 square feet in area. (p) Hotel or motel. (q) Fences greater than six feet in height. (r) Brewer taproom, not exceeding 2,000 barrels of malt liquor a year. (s) Brew pub, not exceeding 2,000 barrels of malt liquor a year. SECTION 3: This Ordinance shall be in full force and effect from and after 30 days after its passage. 20180605_Planning_Minutes Planning Minutes Page 12 June 5, 2018 OTHER BUSINESS A. July Meeting Date Change th Hammond suggested that due to the July 4 Holiday being in the middle of the week and many people taking advantage of the holiday to take extra time off, that it might be best to re-schedule the Planning th meeting to Tuesday, July 10. A motion would need to be made to do this. Motion by Hoium, seconded by Kaiser, to change the regularly scheduled Planning Commission rdth meeting date from Tuesday, July 3, 2018 to Tuesday, July 10, 2018 at 6:00 pm in the City Council Chambers at Columbia Heights City Hall. All ayes. MOTION PASSED. The meeting was adjourned at 6:36 pm. Respectfully submitted, Shelley Hanson Secretary 20180605_Planning_Minutes