Loading...
HomeMy WebLinkAbout20190904_Planning_MinutesMINUTES OF PLANNING COMMISSION SEPTEMBER 4, 2019 6:00 PM The meeting was called to order at 6:00 pm by Chair Szurek. Commission Members present- Sahnow, Novitsky, Fiorendino, Hoium, Schill, Kaiser, and Szurek. Also present were Elizabeth Hammond (Planner), Aaron Chirpich (Community Development Director), Shelley Hanson (Secretary), and John Murzyn (Council Liaison). APPROVAL OF MINUTES Motion by Fiorendino, seconded by Schill, to approve the minutes from the meeting of August 7, 2019. All ayes. MOTION PASSED. CASE #: 2019-0901 APPLICANT: Hamilton Sign LOCATION: 3836 Stinson Blvd NE REQUEST: Conditional Use Permit (CUP) Hammond explained that Hamilton Sign is requesting a Conditional Use Permit on behalf of Minnesota Family Church per Code Section 9.106 (P) (11) (C) (2) to allow a dynamic light emitting diode (LED) sign for the property located at 3836 Stinson Blvd. NE. A dynamic LED sign would include any components of a sign that appear to have movement or that appear to change, caused by a method other than physically removing and replacing the sign or its components. This also includes any moving, flashing, blinking or animated display and any display that incorporates LED lights manipulated through digital input, “digital ink” or any other method or technology that allows the sign face to present a series of images or displays. Dynamic LED signs are permitted in the Limited Business Zoning District as a conditional use in conjunction with a religious facility. The proposed sign meets the City’s zoning code requirements for Dynamic LED Signage. A rendering of the proposed sign and the proposed location is attached. ZONING Hammond explained that the property located at 3836 Stinson Blvd. NE is zoned LB, limited business, as are the properties to the north and south. Properties to the west are located in the public and open space district, and the properties to the east are located in the City of St. Anthony. 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. Dynamic LED signs are specifically listed as a Conditional Use in the Limited Business Zoning District in conjunction with a religious facility. The use is in harmony with the general purpose and intent of the Comprehensive Plan. This is correct. Planning Minutes Page 2 Sept 4, 2019 The use will not impose hazards or disturbing influences on neighboring properties. The proposed use will not result in any additional noise and should not disrupt neighboring properties. In order to mitigate any potential disturbances, the City’s zoning code outlines specific development standards that address the operation of dynamic LED signs. Staff has added a condition of approval, that a site inspection will be conducted once the sign is completed and landscaping is installed to observe impact on the adjacent residential apartment building to the south. If needed, additional screening will be installed along southern property line. The use will not substantially diminish the use of the property in the immediate vicinity. This is correct. 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 applicant will abide by specific development standards as they relate to LED signs. These standards help ensure compatibility with the appearance of the existing surrounding area. 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 use of a dynamic LED sign at this location is not anticipated to affect traffic. 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 dynamic LED sign adheres to specific development standards and the zoning code. The use will not cause a negative cumulative effect. The use complies with all other applicable regulations for the districts in which it is located. This is correct. Staff recommends that the Planning and Zoning Commission recommend approval of the Conditional Use Permit for the proposed dynamic LED sign proposed to be located at 3836 Stinson Blvd. NE. Questions/comments from members: Hoium questioned the 60% limit for the changing graphics portion of the sign. He wanted to verify the name on the top of the sign is not part of the LED signage area. Hammond told him that is correct. Szurek asked if staff had considered the impact on the residents of the apartment buildings adjacent to this property. Hammond stated the sign will be installed per the requirements of the code and will comply with the allowable brightness limits. The sign cannot change more often than every 10 minutes. If there are complaints, they will be addressed with the Church Board. Hoium brought up the fact that when the school installed their sign it was a condition of approval that the sign be shut off overnight so it didn’t bother nearby residences. Hammond told members they could add that as a condition if they wanted to. Planning Minutes Page 3 Sept 4, 2019 Hoium asked if Hammond remembered what hours the school had to have the sign off. She said she thought it 10 pm – 6 or 7 am. Public Hearing Opened. Jim from Hamilton Signs and Keith Anderson from MN Family Church, were both present to answer questions. Anderson said the church is willing to limit the time it is operational, if need be. He said to begin with they will put the sign on a timer and it will automatically dim at night. They want to be good neighbors and have already adjusted their parking lot lighting as they thought it was too bright for the neighborhood. No one else was present to speak on this issue. Public Hearing Closed. Motion by Fiorendino, seconded by Sahnow, to close the public hearing and waive the reading of Resolution 2019-70, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Hoium, that the Planning and Zoning Commission recommends the City Council approve Resolution No. 2019-70, approving a Conditional Use Permit for a proposed dynamic LED sign for the property located at 3836 Stinson Blvd. 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: Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. Planning Minutes Page 4 Sept 4, 2019 The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). The area around the base of the sign shall be landscaped and mulched. A sign permit is required to be reviewed and issued prior to installation. Once the sign and landscaping are installed, a site inspection must be scheduled with the City Planner. Contact the Community Development Department to obtain a sign permit, and schedule the site inspection. All ayes. MOTION PASSED. The following Resolution will go to the City Council September 9, 2019. RESOLUTION NO. 2019-70 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a dynamic LED sign for Hamilton Sign located at 3836 Stinson Blvd. NE Whereas, a proposal (Case #2019-0901) has been submitted by Hamilton Sign on behalf of Minnesota Family Church to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 3836 Stinson Blvd. NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.106 (P) (11) (c) (2), to allow a dynamic LED sign to be located in the Limited Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on September 4, 2019; Planning Minutes Page 5 Sept 4, 2019 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, 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 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 use is in harmony with the general purpose and intent of the Comprehensive Plan. The use will not impose hazards or disturbing influences on neighboring properties. The use will not substantially diminish the use of the property in the immediate vicinity. 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 and property upon which the use is located are adequately served by essential public facilities and services. 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 use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. The use complies with all other applicable regulations for the districts in which it is located. 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. Dynamic LED signs are allowed only on monument signs for conditionally permitted uses in all zoning districts, with the exception of the PO, Public District, in which LED signage may be utilized in existing pylon signs. All dynamic LED signs may occupy no more than 60% of the actual copy and graphic area. The remainder of the sign must not have the capability to have dynamic LED signs, even if not used. Only one, contiguous dynamic display area is allowed on a sign face. 2. A dynamic LED sign may not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses, except one for which changes are necessary to correct hour-and-minute, date, or temperature information. Planning Minutes Page 6 Sept. 4, 2019 3. A display of time, date or temperature information may change as frequently as once every five seconds, however information displayed not relating to the date, time or temperature must not change or move more often than once every ten seconds for commercial, industrial uses, or public uses, and no more than once every ten minutes for religious and/or educational institution uses. 4. The images and messages displayed must be static, and the transition from one state display to another must be instantaneous without any special effects. Motion, animation and video images are prohibited on dynamic LED sign displays. 5. The images and messages displayed must be complete in themselves, without continuation in content to the next image or message or to any other sign. 6. Dynamic LED signs must be designed and equipped to freeze the device in one position if a malfunction shall occur. The displays must also be equipped with a means to immediately discontinue the display if it malfunctions, and the sign owner must immediately stop the dynamic display when notified by the city that it is not complying with the standards of this section. 7. Dynamic LED signs may not exceed a maximum illumination of 5,000 nits (candelas per square meter) during daylight hours and a maximum illumination of 500 nits (candelas per square meter) between dusk to dawn as measured from the sign's face at maximum brightness. Dynamic LED signs must have an automatic dimmer control to produce a distinct illumination change from a higher illumination level to a lower level for the time period between one-half hour before sunset and one half-hour after sunrise. 8. Dynamic LED signs existing on the effective date of Ordinance 1593, passed April 25, 2011, must comply with the operational standards listed above. An existing dynamic LED sign that does not meet the structural requirements may continue as a non-conforming sign subject to § 9.105(E). 9. The area around the base of the sign shall be landscaped and mulched. 10. A sign permit is required to be reviewed and issued prior to installation. Once the sign and landscaping are installed, a site inspection must be scheduled with the City Planner. Contact the Community Development Department to obtain a sign permit, and schedule the site inspection. CASE #: 2019-0902 APPLICANT: Friends of Prodeo LOCATION: 4141 University Ave NE REQUEST: Conditional Use Permit (CUP), Site Plan Review, Variances Hammond told members that Friends of Prodeo has applied for a Conditional Use Permit, Site Plan Review and Variances for the property located at 4141 University Ave NE. The applicant wishes to establish a K-8 school on the property, and by City Code, a Conditional Use Permit is required for all K-12 schools, public or private. In addition, the applicant is proposing to tear down the existing buildings on the property and build a new educational facility, which requires a Site Plan to be reviewed. As part of the proposed Site Plan, the applicant is requesting a Variance to the building height, lot coverage, and parking setback requirement. Planning Minutes Page 7 Sept 4, 2019 According to City record the property was originally developed as Oakwood School in the early half of the 20th century, and used solely as a school until around 1975, when a chapel was added on to the building. Since that time it has been known as Oak Hill Church, and at times had few smaller schools operating in the building over the years alongside the church. The existing building is in need of various repairs and is in poor condition, and due to the fact that the church’s congregation size has reduced over the years, the representatives from the church had been looking at selling the property to find a smaller up to date location. Prodeo Academy, once operated in First Lutheran Church on 40th Ave NE in Columbia Heights, where they rented space starting 2013, up until a couple years ago when they outgrew the space. They have been renting space in Minneapolis and looking for a permanent location. They have purchased the property with the intent of removing the existing building and constructing a new school, with landscaping improvements and storm water management improvements on site. The Site Plan drawings detailed the proposed location of the building and where the site improvements will be located. ZONING ORDINANCE The subject property is located in the R-3, multiple-family residential zoning district as are the surrounding properties to the north, south, east and west. K-12 Schools, public or private are a permitted conditional use, (meaning a conditional use permit is required), in this zoning district. COMPREHENSIVE PLAN The Comprehensive Plan guides this property for institutional development, which includes religious facilities, public and private educational facilities, fire stations, libraries, water system facilities, and any other City, County, or State use. Removing the aging building and rebuilding a new educational facility with landscaping and storm water improvements meets the intent of the Comprehensive Plan. SITE PLAN Parking The proposed plan identifies 67 parking stalls. For a school serving elementary and junior high students, the Zoning Code requires 10 parking stalls plus 1 parking stall for every classroom in the building. In this case there are 43 classrooms, so by that standard the applicant is required to provide 53 parking stalls. The proposed site plan exceeds the requirement by providing an additional 14 stalls. Access The site will be served by two entry points, one that will be a one way entry to the site and another that will be a two way entry point (entry and exit) on the site, and an additional one way exit as outlined on the site plan. Landscape The proposed landscaping materials are shown on the attached landscape plan. The applicant is proposing to plant trees, shrubs and grasses which will complement the layout of the development. The plan meets the City’s landscape requirements. Staff has added a requirement that extra screening be installed along the southern property line to provide additional visual screening and minimize noise for the adjacent residential property to the south. Planning Minutes Page 8 Sept 4, 2019 Lot Dimension, Height and Setback Requirements Hammond said the property meets the city’s code requirements for lot size for the proposed use. The building is articulated and attractive, and staff believes will fit well in the neighborhood in terms of size and appearance. The applicant has requested a variance to the height requirement for a portion of the building on the south end of the property. This part of the building will be three floors (as shown on the attached plan) and is proposed to be 41 feet at the highest point, exceeding the code allotment of 35 feet. The applicant argues that the need for the variance came from their best attempt to meet other code requirements for lot coverage and wanting to provide ample green space on site. Also, the property has significant grade changes on all three sides of the property, limiting the area that the building can be located and creating limits to grading activities, and a need to reduce the building footprint. The building meets setback requirements; however the applicant is requesting a variance for the parking setback, reducing the setback from 30 feet from the property line to 15 feet. In order to provide adequate parking, on site circulation for drop off and pick, and appropriate locations for the bus lane, the parking lot is proposed to encroach into the required parking setback. This is a unique parcel, in that it has three street frontages, which by ordinances are considered front yards for setback purposes. The setback otherwise would be three feet. Staff believes that this request is reasonable as the proposed parking lot layout makes good use of the available space and still provides adequate screening and a distance of 15 feet to the property line. The final Variance request is in regards to a specific standard that the City’s zoning code outlines for K-12 schools, specifically a requirement that the parcel area must be four times the size of the building footprint. In this case, the applicant is requesting a variance of 2,518 sq. ft. for the building footprint. The code would allow for the applicant to have up to 32,840 sq. ft. of building footprint, whereas the applicant is proposing a building footprint of 35,358 sq. ft. Staff believes this is a reasonable request for the site, and does not anticipate that it will make a significant difference in the function of the pedestrian and vehicular movement on site. Other Signage will be addressed administratively, through the sign permit process. FINDINGS OF FACT--CUP Section 9.104 (H) of the Zoning Ordinance outlines findings of fact that must be met in order for the City to approve 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. This is correct. K-12 schools, public or private, are specifically listed as a permitted conditional use in the zoning district. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The Comprehensive Plan guides this property for institutional use. The property is proposed to be used as it has been historically, and as guided in the Comprehensive Plan, for an institutional use; therefore the proposed use is in harmony with the purpose and intent of the Comprehensive Plan. Planning Minutes Page 9 Sept 4, 2019 The use will not impose hazards or disturbing influences on neighboring properties. This is correct. The applicant will adhere to specific development standards as it relates to K-12 schools, 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. Also, due to the fact that the property has historically been used for a religious and educational facility, hazards or disturbing influences are not anticipated. The use will not substantially diminish the use of property in the immediate vicinity. Staff does not anticipate that the K-8 school operation will substantially diminish the use of the property in the surrounding area. 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. Since the property has been used for institutional purposes since the neighborhood was developed, staff believes that the proposed development will be compatible with the appearance of the surrounding area and that the school will fit in with the character of the neighborhood. 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 has been detailed in a traffic management plan. Staff believes the site plan minimizes traffic congestion on local roads. 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. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses is the immediate vicinity. This is correct. The use complies with all other applicable regulations for the district in which it is located. This is correct FINDINGS OF FACT—Site Plan Section 9.104 (N) of the Zoning Ordinance outlines findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: The Site Plan conforms to all applicable requirements of this article. The Site Plan meets the City’s requirements with the exception of the requested variance for a portion of the building height, lot coverage and parking setback. Staff believes that the applicant is proposing to use the property in a manner that is reasonable, and that the requested variances are unique to this property, and that the variances will not change the character of the area. The proposed building will be shorter than what is currently on the parcel, and the paved area will be reduced, improving storm water runoff conditions with proper storage, and overall site appearance with the additional landscaping. Planning Minutes Page 10 Sept 4, 2019 The Site Plan is consistent with the applicable provisions of the City’s Comprehensive Plan. This is correct. The Comprehensive Plan guides this area for institutional use. The proposed building is for an institutional use. The Site Plan is consistent with any applicable area plan. There is no area plan for this parcel. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. This is correct. FINDINGS OF FACT--Variance Section 9.104 (G) of the Zoning Ordinance outlines five conditions that must be met in order for the City Council to grant a Variance. They are as follows: (a) 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 practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. This is correct. Due to the elevation changes, desire to preserve green space and multiple street frontages, the most logical and practical place for the building and parking area is as proposed. It appears that the provisions of the code would cause a practical difficulty for the applicant. (b) 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. This is correct. The conditions are unique to this property due to the provision in the zoning code, the fact that the parcel has street frontage on three sides, and that there are grade changes on all side of the property. Also, it is important to note that there are not many parcels this size in this zoning district that would accommodate for a new school, without significant land acquisition, thus the likelihood of other properties in the same zoning classification requesting these variances for a school is unlikely. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. This is correct. The proposed use of the property is consistent with the Comprehensive Plan. (e) 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. This is correct. Staff recommends that the Planning Commission recommend that the City Council approves the request for a Conditional Use Permit, Site Plan Review and Variances for the property located at 4141 University Ave NE. subject to the conditions listed in the motion provided in the packet. She said the Site Plan is usually approved by the Planning Commission, but because there are variances and a CUP involved, all three will go to the City Council. Planning Minutes Page 11 Sept 4, 2019 Questions/Comments from members: Kaiser asked if there were any bike lanes on the adjacent streets. Hammond didn’t think so. Fiorendino asked about the footprint of the existing building versus the new one. Hammond stated even though the new structure will be larger they do meet the building setbacks and impervious surface coverage requirements. Hoium asked if the playground had to be a specific size. Hammond said the size is not specified, but it is supposed to be enclosed or fenced. Hoium then asked why a CUP is needed since it was used previously as a school. Hammond said when the original school was built, a CUP was not a requirement. Since a new building will be constructed to replace the old one, we are going through the process to ensure it is on record going forward. Hammond told members that they are seeking a variance to the height requirement as there is significant elevation change from one end of the lot to the other and that they wish to construct a three story portion on the south end for classrooms which will bring the height to 41.5 ft. Sahnow asked the height of the existing school and of the apartment buildings nearby. Hammond said the existing school is 42.5 ft in height. She pointed out the height at the north end will be 28 ft high, the center will be 18 ft high and only the south end is proposed to be 41.5 ft high. She said the apartment buildings are three stories also but she is unaware of the actual height of the buildings. Sahnow then asked if mechanical units are put on the roof, if they will have to be screened. Hammond said the code requires they be screened. Fiorendino asked what the reason was for the height variance. Hammond said they want to meet setbacks and reduce the footprint as much as possible. They need one portion to be three stories in order to accommodate the amount of classrooms they will need. Hoium asked if the Commission is also approving the colors and exterior as presented in these drawings. Hammond said, yes, that is part of the Site Plan approval process. Public Hearing Opened: Rick Campion from Prodeo, Randy Wagner-Architect, Shawn Ehler-Development Consultant, and Ben Ford-Civil Engineer & Surveyor were present to answer questions. Szurek asked where the mechanical equipment would be placed. The Developer said it is still under design but that he expects rooftop units to be placed on the central part of the building and they would be screened. Sahnow asked how the majority of the students get to the school. He noted that accessibility for pedestrians is limited on the north and west sides. Campion stated that 95% of them are bussed, and some are dropped off by parents. Campion said parents don’t generally let their kids walk or bike to schools anymore for safety reasons. Planning Minutes Page 12 Sept 4, 2019 Hoium asked how water run off will be handled. Ford said that plans for that have been submitted to the Public Works Director and approved. He said the proposed plan will be greatly improved and there will actually be more green space than they have on site now. Kaiser asked if there has been flooding on this site lately. Chirpich said he is not aware of any and it never came up as a concern in the pre-construction meetings by the City Engineer or the Watershed District. He will make sure it is addressed during the plan review process. Ford said the school is seeking a grant from the watershed district to manage storm waters as they’d like to see done, so they have been working closely with them. Campion stated that all transportation will be handled on site and not on City streets. He said the site will accommodate all the busses and vehicles that come and go from the school. David Briley from 3931 Tyler St is the Pastor for Oakhill Church. They are the current occupants of the building. He said he has checked out this school, and the Board viewed their presentation and they are in favor of the project. He thinks they have a good reputation and it would be a nice use of the site. Jasmine Sims McCallister of 4540 Tyler St has a child that attends Prodeo and is in her 5th year at the school. She feels the new building will revitalize the site and provide quality education options, therefore, she supports the project. Jada Fehn of 349 42nd Ave has lived across the street from this church for 13 years on the north side of 42nd Ave. She said there is no pedestrian sidewalk along 42nd Ave and that pedestrians must now walk through the parking lot. She thinks now would be a good time to add sidewalks along that street from the pedestrian bridge to 4th Street. Hoium agrees it would be a good time to add a sidewalk. Hammond said that could be added as a condition of approval of the Site Plan. Chirpich stated that we should have Engineering check on the feasibility of doing that. He noted that 42nd Avenue is a narrow street and there is a retaining wall located in the right of way that may prohibit that. Campion said there is also a steep grade change from University Ave to 4th Street. Hammond suggested the Commission can make a recommendation and then Engineering can decide if it is possible. Sahnow and Hoium agreed that would be the way to proceed. Public Hearing Closed. Planning Minutes Page 13 Sept 4, 2019 Motion by Sahnow, seconded by Fiorendino, to waive the reading of Resolution No. 2019-71, there being ample copies available to the public. All ayes. Motion by Sahnow, seconded by Fiorendino, to recommend that the City Council approve the conditional use permit and proposed site plans for a K-8 school to be located on the property at 4141 University Ave NE., subject to certain conditions of approval. The building and site shall be meet all requirements found in the Fire Code and the Building Code. All on-site mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent residential properties and from public streets. Screening may be accomplished through the use of walls or other design features that are architecturally compatible with the principal structure, screening vegetation, landscaping and integrated parapet walls of sufficient height, or other means as approved by the Zoning Administrator. 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. The applicant will install stop signs on the two driveway exits. The applicant will install additional screening along the southern property boundary to minimize visual and noise impact to the adjacent residential property. The screening will consist of landscaping and can include fencing as approved by the Zoning Administrator. A plan detailing additional screening along this boundary shall be submitted and approved prior to the issuance of a building permit. A fence no less than 4 feet shall run around the full perimeter of the southern end of the property and include the area south of the building and wrap around to include the playground area on the east side of the building. 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. The applicant will install at minimum, two bike racks on the property adjacent to the building entrances, or near the playground and/or where practical. The property owner and the City will enter in to a development contract governing site improvements and shall be executed by the property owner and the City prior to the issuance of a building permit. The applicant shall meet requirements outlined in the Public Works Department Review Letter, dated August 26, 2019. All City storm water management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. The applicant shall meet requirements outlined in the Fire Department Review Letter, dated August 27, 2019. Site and elevation plans included in this submittal, shall become part of this approval. All other applicable local, state, and federal requirements shall be met at all times. 15. To add a pedestrian sidewalk along 42nd Avenue if Engineering deems it possible. All Ayes. MOTION PASSED. The following Resolution will go to the City Council Sept 9, 2019. Page 14 RESOLUTION NO. 2019-71 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit, and a Site Plan with Variances for 4141 University Ave NE. Columbia Heights, MN 55421, (PID 35-30-24-24-0191). Whereas, a proposal (Case #2019-0902) has been submitted by Friends of Prodeo to the City Council requesting a Conditional Use Permit, and Site Plan Review with Variances to allow for the construction and operation of a K-8 school at the following site: ADDRESS: 4141 University Ave NE. Columbia Heights, MN 55421 LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit, and Site Plan Review with Variances Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on September 4, 2019; 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, Site Plan and Variances 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 Conditional Use 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 the 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 in the immediate vicinity. i. The use complies with all other applicable regulations for the districts in which it is located. Site Plan a. The site plan conforms to all applicable requirements of this article. b. The site plan is consistent with the applicable provisions of the City’s Comprehensive Plan. c. The site plan is consistent with any applicable area plan. d. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. Planning Minutes Page 15 Sept 4, 2019 Variance (a) 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 practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. (b) 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. (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. (e) 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 Conditional Use Permit, and Site Plan approval; and in granting this Conditional Use Permit and Site Plan approval with variances, 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. This approval is subject to certain conditions 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 building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. All on-site mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent residential properties and from public streets. Screening may be accomplished through the use of walls or other design features that are architecturally compatible with the principal structure, screening vegetation, landscaping and integrated parapet walls of sufficient height, or other means as approved by the Zoning Administrator. 3. 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. 4. The applicant will install stop signs on the two driveway exits. 5. The applicant will install additional screening along the southern property boundary to minimize visual and noise impact to the adjacent residential property. The screening will consist of landscaping and can include fencing as approved by the Zoning Administrator. A plan detailing additional screening along this boundary shall be submitted and approved prior to the issuance of a building permit. 6. A fence no less than 4 feet shall run around the full perimeter of the southern end of the property and include the area south of the building and wrap around to include the playground area on the east side of the building. 7. 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. 8. The applicant will install at minimum, two bike racks on the property adjacent to the building entrances, or near the playground and/or where practical. Planning Minutes Page 16 Sept 4, 2019 9. The property owner and the City will enter in to a development contract governing site improvements and shall be executed by the property owner and the City prior to the issuance of a building permit. 10. The applicant shall meet requirements outlined in the Public Works Department Review Letter, dated August 26, 2019. 11. All City storm water management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 12. The applicant shall meet requirements outlined in the Fire Department Review Letter, dated August 27, 2019. 13. Site and elevation plans included in this submittal, shall become part of this approval. 14. All other applicable local, state, and federal requirements shall be met at all times. 15. To add a pedestrian sidewalk along 42nd Avenue if Engineering deems it possible. CASE #: 2019-0903 APPLICANT: Contractors Capital Company LOCATION: Remnant Parcel at Huset Pkwy and Jefferson St. Round About REQUEST: Preliminary Plat and Site Plan Review Hammond explained that Contractors Capital Company has applied for Preliminary Plat Review and Site Plan Review for the vacant property (unassigned address) known as the remnant parcel, and located south of Huset Park at the corner of Jefferson Street and Huset Parkway. The property has been vacant since the larger development site, encompassing the Huset Park Townhomes and the Legends of Columbia Heights was constructed, starting in 2005. This parcel was never included during the initial construction project that resulted in the adjacent townhomes. Shortly after the townhomes were mostly completed, the recession occurred which resulted in this parcel as well as the area adjacent to University Avenue being left vacant for a number of years. Most recently in 2016, the site adjacent to University Avenue was redeveloped into what is now the Legends of Columbia Heights, an active living senior apartment building. The remnant parcel as it is known is the final remaining vacant parcel of the previous industrial area and redevelopment site. Contractors Capital Company is proposing to construct a three story, 77 unit senior living community. The building would have a mix of independent living (50 units), assisted living (12 units), and memory care units (15 units). The building would provide ample underground parking as well as surface parking, with storage areas and landscaping and storm water improvement throughout the site. The building would also contain amenities such as common lounge areas, meeting rooms, a hair salon and outdoor patios. ZONING ORDINANCE The site is currently platted as an Outlot from the previous plat and development for the adjacent townhomes. As part of this application it is being re-platted to “Columbia Heights Senior Living”, and the property owner will be dedicating land back to the City to accommodate for the right of way (where the roundabout is located), and also dedicating full perimeter easements for drainage and utility. Once the Final Plat is approved, a new address will be issued for the property. The property is located in the Mixed Use Zoning District, as are the properties to the south and west. Properties to the north are located in the public and open space district, and the properties to the east are located in the light industrial district. Hammond stated that originally they hoped the site would be developed for light commercial or retail space. She said technically since it provides employment opportunities for the staff at the facility it meets the intent of the zoning district and the Comp Plan. Planning Minutes Page 17 Sept 4, 2019 COMPREHENSIVE PLAN The Comprehensive Plan guides this area for high density residential development. The Comprehensive Plan aims to ensure housing for the projected aging population is accommodated for throughout the City. Constructing a senior living community designed for aging in place, with graduated care options is consistent with the City’s Comprehensive Plan. SITE PLAN The subject property is located in the Mixed Use Zoning District and does not have specific lot size and setback requirements. The City can be flexible in this area to facilitate a successful development. Staff believes that the proposed building location and height is consistent with the surrounding development in terms of size and scale, and should fit in well with the neighborhood. Specific site improvements will be outlined in a Development Contract, and approved by the City Council at a later date and prior to construction. Parking The proposed site plan is for 77 total units consisting of independent senior living, assisted living, and memory care units. City Code requires one parking space for every two units of senior housing/assisted living. By this standard, the City would require that 38.5 parking spaces be provided. The proposed development exceeds this requirement, by providing 55 spaces underground, and 35 surface parking spaces. Access The site will be served by one main entrance off McKenna St. Landscaping The proposed landscaping materials are shown on the attached Landscape Plan. The applicant is proposing to plant trees, shrubs and grasses which will complement the layout of the development. The landscape plan calls for native perennial and deciduous plantings in combination with shrubs and perennials to be planted along the periphery of the building. The development will be within close proximity to Huset Park and Murzyn Hall. Huset Park will provide additional outdoor opportunities for more active residents, and the Senior Center at Murzyn Hall is adjacent to Huset Park. FINDINGS OF FACT—Preliminary Plat Section 9.104 (L) of the Zoning Ordinance outlines three conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. This is correct. The proposed subdivision is consistent with the Comprehensive Plan. This is correct. The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. This is correct. Planning Minutes Page 18 Sept 4, 2019 FINDINGS OF FACT—Site Plan Section 9.104 (N) of the Zoning Ordinance outlines four findings of fact that must be met in order for the City to approve a Site Plan. They are as follows: The Site Plan conforms to all applicable requirements of this article. The applicable Zoning Code requirements are achieved. The Site Plan is consistent with the applicable provisions of the City’s Comprehensive Plan. This is correct. The Site Plan is consistent with any applicable area plan. This is correct. There is a development contract between the property owner and the City that calls for approximately 80 units of senior housing. The proposal for 77 units of graduated care senior living is consentient with this plan for the parcel. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. This is correct. Staff recommends that the Planning Commission recommend that the City Council approve the Preliminary Plat as presented subject to certain conditions, and that the Planning Commission approve the Site Plan for the property located at PID: 35-30-24-43-0125 (unassigned address, known as the remnant parcel, south of Huset Park). Questions by members: Hoium asked if we are approving the colors and exterior façade of the building. Hammond said yes. He noted there wasn’t much green space. Hammond said staff felt it will fit in with the other townhouses in the area, and that patios will be provided for the residents to sit in and that Huset Park is located right across the street for those residents that may be more active. Hammond was asked if Park Dedication fees would be paid. She told members that before a permit is issued Park Dedication fees would be paid as part of the Final Plat Approval process. Sahnow asked if the Commission recommended changes to the Site Plan, if that would automatically send it to the City Council. Hammond said they can make changes and approve it or they can recommend the changes and let the City Council make the decision. He also was concerned about the lack of green space and that there is more parking than required. Maybe some of that parking space should be used for green space. Fiorendino said this would make the entire development residential in some capacity or another. He wanted to know staff’s thoughts on that since the original vision was to have some retail business there. Hammond said it isn’t the best location for commercial or retail use. With the downturn in the market the original developer lost interest in the site. Future land use has re-guided it to high density residential in the new Comp Plan, as it is in higher demand. The only developers who have been interested in the site have been those seeking to construct low income apartments there and this facility will be less intensive than those projects. Planning Minutes Page 19 Sept 4, 2019 Chirpich addressed the parking issue. He said neighbors have expressed their desire to see that all the parking for the facility be provided on site so that it does not overflow into the surrounding streets. The Legends Apts. And Grand Central Lofts have both experienced an insufficient number of parking stalls. Fiorendino asked if there are concerns about this facility being located across the street to the east from businesses. Chirpich said he didn’t think it would be an issue for this type of facility. Single family homes wouldn’t be a good fit next to these businesses, but memory care and assisted living residents should be ok. Hammond noted that landscaping will be added along the east side of the building which will be considered the back of the building to help screen the view from the apartments as much as possible. Public Hearing Opened. Jerry and Wade Tollefson from Contractors Capital Co. and Joe Diedrichs-Civil Engineer were present to answer questions. Szurek asked him to address the parking and green space issue. Tollefson said there will be 50 units in the building—some of which will be independent living, some assisted living and some for memory care. He said some of the residents will have cars so the spaces underground will be for them. The surface parking will be for staff, caregivers, and visitors. Providing enough parking for them is important as visitors must come to these residents versus them being able to go out. Tollefson said various patio areas will be created for the residents to sit outside and visit. A fenced in one will be constructed for the memory care patients so they also can go sit outside on occasion. He said the residents that showed up at the neighborhood informational meeting were more concerned about sufficient parking than they were about green space. The townhouses in the area have very little green space of their own and must also rely on the nearby park. Kaiser asked how the storm water will be handled. Diedrichs said it has an underground filtration basin and meets the State’s requirements. The water is captured on site and is directed to the basin. Public Hearing Closed. Motion by Fiorendino, seconded by Novitsky, to waive the reading of Resolution No 2019-72, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Sahnow, to recommend that the City Council approve the Preliminary Plat as presented, subject to the following conditions: All required state and local codes, permits, licenses and inspections will be met and in full compliance. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. All ayes. MOTION PASSED. Planning Minutes Page 20 Sept 4, 2019 Motion by Fiorendino, seconded by Novitsky, to waive the reading of Resolution No. 2019-PZ03, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Fiorendino, seconded by Novitsky, to adopt Resolution No. 2019-PZ03, being a resolution approving a Site Plan, for Contractors Capital for the proposed senior living development, subject to the following conditions: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. 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. 3. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 4. All exterior lighting shall be downcast 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. 5. Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent residential properties and from public streets. Plans detailing how any rooftop units are to be screened must be submitted with the building permit. 6. The applicant shall meet the requirements outlined in the attached report from the Public Works Department dated, August 26, 2019. 7. The applicant shall meet the requirements outlined in the attached report from the Fire Department dated, August 27, 2019. 8. All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 9. Site and elevation plans included in this submittal, shall become part of this approval. 10. All other applicable local, state, and federal requirements shall be met at all times. 11. The property owner and the City will enter in to a development contract governing site improvements and shall be executed by the property owner and the City prior to the issuance of a building permit. All ayes. MOTION PASSED. Resolution 2019-72 will go to the City Council Sept 9, 2019 for the Preliminary Plat. RESOLUTION NO. 2019-72 A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat for Contractor Capital Company. Whereas, a proposal (Case # 2019-0903) has been submitted by Contractors Capital Company to the City Council requesting Preliminary Plat Approval from the City of Columbia Heights at the following site: ADDRESS: 35-30-24-43-0125 (unassigned address) known as remnant parcel LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Preliminary Plat Approval per Code Section 9.104 (L). Planning Minutes Page 21 Sept 4, 2019 Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on September 4, 2019; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Preliminary Plat 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 (L) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Preliminary Plat. They are as follows: (a)The proposed Preliminary Plat conforms to the requirements of City Code Section 9.115. (b)The proposed Subdivision is consistent with the Comprehensive Plan. (c) The proposed Subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary Plat; and in granting approval the City and the applicant agree that the Plat shall become null and void if a Final Plat is not submitted to the City Council within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. 3. An approved Preliminary Plat shall be valid for a period of one year from the date of the City Council approval. In the event that a Final Plat is not submitted within this time period, the Preliminary Plat will become void. RESOLUTION NO. 2019 – PZ03 A Resolution of the Planning Commission approving a Site Plan for the proposed senior living community located at the corner of Jefferson Street and Huset Parkway (address unassigned), Columbia Heights, MN 55421 (PID 35-30-24-43-0125) Whereas, a proposal (Case 2019-0903) has been submitted by contractors Capital Company to the Planning Commission, requesting Site Plan Review from the City of Columbia Heights at the following site: LOCATION: (PID 35-30-24-43-0125) LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Site Plan Review for a 77 unit senior living community Planning Minutes Page 22 Sept 4, 2019 Whereas, the Planning Commission held a public hearing as required by the City Zoning Code on September 4, 2019; Whereas, the Planning Commission has considered the advice and recommendations of 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; Now, therefore, be it resolved, the Planning Commission of the City of Columbia Heights after reviewing the proposal, accepts and adopts the following findings: The site plan conforms to all applicable requirements of this article. The site plan is consistent with the applicable provisions of the City’s Comprehensive Plan. The site plan is consistent with any applicable area plan. 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 approval; and in granting this approval the City and the applicant agree that this approval 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: 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. 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. 3. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 4. All exterior lighting shall be downcast 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. 5. Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent residential properties and from public streets. Plans detailing how any rooftop units are to be screened must be submitted with the building permit. 6. The applicant shall meet the requirements outlined in the attached report from the Public Works Department dated, August 26, 2019. 7. The applicant shall meet the requirements outlined in the attached report from the Fire Department dated, August 27, 2019. 8. All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 9. Site and elevation plans included in this submittal, shall become part of this approval. 10. All other applicable local, state, and federal requirements shall be met at all times. 11. The property owner and the City will enter in to a development contract governing site improvements and shall be executed by the property owner and the City prior to the issuance of a building permit. Planning Minutes Page 23 Sept 4, 2019 Passed this 4th day of September, 2019 Offered by: Fiorendino ______________________________ Seconded by: Novitsky Marlaine Szurek, Chair Roll Call: All ayes Ayes: Abstain: ____________________________________ Shelley Hanson, Secretary OTHER BUSINESS Chirpich updated members on the case from last month for 4320 Stinson Blvd for a height variance that was denied. He told members that shortly after the meeting they came in with plans that complied with the Zoning Code and the new home is currently under construction. The next regular meeting will be Tuesday, October 1, 2019. Motion by Fiorendino, seconded by Hoium, to adjourn the meeting at 7:30 pm. Respectfully submitted, Shelley Hanson Secretary