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HomeMy WebLinkAbout02-04-2020 Planning Commission Minutes MINUTES OF PLANNING COMMISSION FEBRUARY 4, 2020 6:00 PM The meeting was called to order at 6:00 pm by Vice Chair Fiorendino. Commission Members present- Sahnow, Novitsky, Fiorendino, Hoium, Schill, and Kaiser. Members Absent: Szurek Also present were Aaron Chirpich (Community Development Director), Ryan Grittman (Consulting Planner), Shelley Hanson (Secretary), Christy Bennett, and Connie Buesgens (Council Liaison). APPROVAL OF MINUTES Motion by Hoium , seconded by Schill, to approve the minutes from the meeting of December 3, 2019. All ayes. MOTION PASSED. PUBLIC HEARINGS CASE NUMBER: 2020-0201 APPLICANT: RAIL WERKS BREWING DEPOT/COL. HTS BUSINESS CENTER LLC LOCATION: 4001 CENTRAL AVE REQUEST: CONDITIONAL USE PERMIT-BREW PUB Grittman explained that Rail Werks Brewing Depot and the Columbia Heights Center, LLC have applied for conditional use permit to allow a brew pub at 4001 Central Avenue NE, known as the Columbia Heights Mall. The brew pub will be located to the north of the existing NAPA auto parts store (in the 4055 space). The site is a multi-tenant commercial building that includes, retail, restaurants, a child care center, and a transit hub. The site is zoned CBD, Central Business District; by code, a brew pub requires a conditional use permit to operate in this district. The brew pub will offer beer brewed onsite, craft beers from other breweries, smokehouse bar-b- que, iceless curling, and bag toss. The tenant bay that the applicant intends to occupy is currently vacant. Previously, a charter school had occupied this site. The charter school has since moved out of the City. ZONING ORDINANCE The Zoning Ordinance allows brew pubs by conditional use permit in the Central Business District. The conditional use permit requirements, licensing requirements, and applicable zoning ordinance requirements are discussed in this report. It should be noted that the requirements for a brew pub are the same as a brewer taproom. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Transit Oriented Development. Transit Oriented Development seeks to promote a variety of uses including retail businesses. The proposed conditional use permit is consistent with the Comprehensive Plan’s goals. Page 2 SITE PLAN The following numbered items are an analysis of the site plan against the City Code and Zoning Ordinance. Since the applicants intend to occupy an existing building, some of the conditions are existing conditions. 1. Setbacks The existing shopping center on this site was constructed in the early 1980s. At the time, four variances were granted to construct the building:  A five (5) foot variance on the length of 40 parking stalls.  A thirty (30) foot variance on the setback of loading zones from residential property.  A variance waiving the twenty (20) foot wide green buffer zone.  A variance permitting two (2) free-standing signs on the retail site. In review of the current setbacks for the subject site, the following table shows compliance for this site: Setback Required Actual Compliant Front (west) 0 feet 180 feet (approx.) Yes Side (north) 1 foot 78 feet (approx.) Yes Side (south) 1 foot 8 feet (approx.) Yes Rear (east) 10 feet 30 feet (approx.) Yes The existing setbacks at this site are compliant with the current zoning ordinance. 2. Parking The existing shopping center contains numerous parking spaces that serve the tenants of the site. The site is located in the Central Business District, which does not require parking. It should be noted that the performance standards for a brew pub do not contain specific requirements for off-street parking; only confirmation that the site complies with parking requirements for the district where the site is located. In this regard, the site is compliant with its parking standard. 3. Existing Land Uses Currently, the existing site is a multi-tenant building that serves retail, restaurants, a transit hub, and a child care center. A brew pub does not have a specific distance requirement in proximity to the child care center. It should be noted that “bars” have a required distance; however, the applicant is seeking a conditional use permit for a “brew pub”, which does not have a distance requirement. The site is adjacent to commercial zoning to the north, west, and south; and multi-family zoning to the east. A brew pub will be compatible with existing land uses in the area. 4. Access thst The site is currently served by access from Central Avenue NE, 40 Avenue NE, and 41 Avenue NE. The site has a service road on the rear of the building for trash handling service and deliveries. No changes to site access are proposed. 5. Landscaping The existing site has plantings around the building and parking lot area; no changes to the landscaping are proposed. Page 3 6. Signage The applicants have not submitted drawings for signage onsite. Signs are required to have a building permit and are subject to review for compliance by City Staff. As a condition of approval, all signage shall be reviewed by the City for approval. 7. Trash Container / Trash Service The City Engineer has recommended the use of poly trash containers to help mitigate noise from trash handling services. This will be a condition of approval. The site has trash service on the rear of the building that serves all the tenants of the site. Trash enclosure requirements are discussed later in this report. 8. Utility Connections The site currently contains all necessary utility connections. This is subject to further review by the Public Works Department. As a condition of approval, the applicant shall adhere to any and all recommendations from the Public Works Department. 9. Fire Access The area in front of the building is marked with yellow curb paint and signage that states “no parking – fire lane”. As a condition of approval, this will be required to remain. 10. Pedestrian Access and Bicycle Access The site has pedestrian access to connect the parking area to the building. The parking area is connected to the City’s sidewalk system so pedestrians can access the site. An inspection of the site and review of the site plan shows no bicycle access or parking. The 2040 Comprehensive Plan land use goals states that sites should have pedestrian and bicycle amenities. While the pedestrian access appears to be satisfied, the site should incorporate a bicycle parking area to satisfy this goal. Staff is recommending that a bicycle rack capable of accommodating four (4) bicycles be a condition of approval. It should be noted that the site also contains a transit hub. 11. Patio / Outdoor Dining Area The applicants are not proposing any outdoor patio areas at this time. If an outdoor patio and dining area is proposed in the future, the applicants shall submit an updated site plan for review. Said plan may require an amendment to the existing conditional use permit, or a new conditional use permit. 12. Loading Area The applicants are proposing to use an eight foot by eight foot overhead door on the rear of the building. The door gives access to the brewing area of the site by way of hallway and an additional eight foot by eight foot overhead door. As a condition of approval, supplies can only be delivered through this rear loading area. No loading or deliveries shall be allowed from the front of the building. 13. Neighborhood Notification Neighbor notifications went out to property owners within 350 feet of the subject property. City Staff received phone calls, emails and mail from residents both supporting the project and expressing concerns related to noise, smells, smoke, and chemicals. The emails and mail sent are attached to this report. Staff is recommending the following conditions of approval to address the concern of noise:  No alcoholic beverages are allowed outside of the enclosed building.  No customers are allowed outside of the rear (east side) of the building.  The establishment complies with all local, State, and Federal laws pertaining to alcohol sales and service. Page 4 14. Staff Review The Public Works Department, Police Department, and Fire Department were provided a copy of the application and site plan. The Public Works Department provided a memo to planning staff (included in the agenda packet). No other concerns with the site plan were conveyed to Planning Staff regarding this application. CONDITIONAL USE PERMIT REQUIREMENTS The zoning ordinance outlines nine requirements that all conditional use permits must meet in order to be considered for approval. The following is an analysis of those requirements: (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. Staff Comment: The use is specifically listed as a conditional use in the Central Business District under Section 9.110-(F)-(3)-(k). This requirement is met. (b) The use is in harmony with the general purpose and intent of the comprehensive plan. Staff Comment: The comprehensive plan guides this area for retail, office, and multi-family residential. As a brew pub, the use will be in harmony with the general purpose and intent of the 2040 Comprehensive Plan. (c) The use will not impose hazards or disturbing influences on neighboring properties. Staff Comment: In review of the applicant’s site plan and narrative, Staff does not feel this will be an issue at this site. Staff has added conditions related to noise and crowd control that are outlined earlier in this report. (d) The use will not substantially diminish the use of property in the immediate vicinity. Staff Comment: The site is located in a shopping center that contains restaurants, retail, a transit hub, and a child care center. These uses are not expected to be impacted by the brew pub. (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. Staff Comment: The use will be occupying an existing building as part of a larger shopping center. No significant changes to the design are proposed. (f) The use and property upon which the use is located are adequately served by essential public facilities and services. Staff Comment: The site has all existing utilities and services. No changes to public services or facilities are proposed. Page 5 (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. Staff Comment: The site is served by existing traffic circulation. The site can be accessed from the north, west, or south; this is an existing condition. Staff is not recommending any changes to the onsite traffic circulation. Traffic congestion on the public streets is not expected to be a concern. The site and area have been designed to accommodate traffic at this location. (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. Staff Comment: Other uses at this site include retail, a restaurant, a transit hub, and a child care center. A brew pub is not expected to have a negative cumulative effect on the area. (i) The use complies with all other applicable regulations for the district in which it is located. Staff Comment: In review of the site plan (outlined earlier in this report), Staff feels that the use complies with all other applicable regulations for the district it’s located in. FINDINGS OF FACT Section 9.107-(C)-(53) of the zoning ordinance outlines eight specific requirements for a brew pub. These requirements are reviewed below: (a) All malt liquor production shall be within a completely enclosed structure. Staff Comment: In review of the applicant’s site plan, they are compliant with this requirement. (b) Mechanical equipment shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets. Staff Comment: The applicants are not proposing to locate any new mechanical equipment on the outside of the building at this time. As a condition of approval, any new mechanical equipment that is installed at a later date will have to adhere to the screening requirements of the District. (c) In zoning districts where off-street parking is required, a transportation management plan shall be submitted to address off-street parking, bus and freight loading, and traffic control. Staff Comment: No parking requirement is needed at this site. The existing site has many parking spaces and a bus stop at this location; however, these are not technically required. (d) Loading areas shall not be oriented toward a public street, nor shall loading docks be located on the side of any building facing an adjacent lot that is zoned residential. Where these districts or streets abut all sides of the property, the loading areas shall be screened by a solid wall or opaque fence with a minimum height of six feet, in addition to any required landscape buffer. Page 6 Staff Comment: The loading area for this site is on the east side of the building. This is an existing condition from the original site plans and predates the residential uses to the east. The applicants are proposing to continue to use this side of the building for deliveries. (e) 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. Staff Comment: As a condition of approval, the applicants shall meet this requirement. The applicants shall submit drawings of the trash enclosure for City Staff review. (f) By-products and waste from the production of malt liquor shall be properly disposed of off the property. Staff Comment: As a condition of approval, the applicants shall submit a narrative on how they plan to dispose of the by-products from the malt liquor production. (g) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Staff Comment: This will be a condition of approval. (h) The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or county. Staff Comment: This will be condition of approval. MALT LIQUOR LICENSE As part of the process, the applicant will be required to apply for a malt liquor license under Section 5.503 of the City Code. The process for applying for a malt liquor license will be completed separately from the conditional use permit application. By Code, the malt liquor license must be obtained before the business will be allowed to serve alcohol. SUMMARY / RECOMMENDATION The applicants are proposing to open a brew pub at 4001 Central Avenue NE that will serve beer produced onsite, craft beers from other breweries, and smokehouse bar-b-que. In review of the applicant’s site plan, application, and other relevant materials, staff finds the request to be a reasonable request that will not negatively impact the health, safety, or welfare of the City, its residents, and property owners. Staff recommends that the Planning Commission recommend that the City Council approve the conditional use permit as presented subject to the conditions outlined in the recommended motion. Questions from Members: Sahnow asked if these two projects were connected to each other. Chirpich told members the two applications are separate requests. Both applicants are aware that to open an arcade under the present Ordinance requirements, there is no alcohol allowed in the establishment. The two businesses will not be sharing space or kitchens. They do believe the two uses will be complimentary to each other and could have an overlapping customer base. The owners of the Arcade may apply for an Ordinance Change in the future, but for now understand the limitations they are operating under. Page 7 Novitsky thought the business would be a good addition to the area. His only comment was to prohibit garbage being dumped after 10 pm so the noise wouldn’t bother neighbors. Hoium asked if Brew Pubs had to stay a certain distance from Child Care Centers. Grittman said there is no distance requirement for this type of business. Schill asked if the requirement for poly trash cans is a requirement of our Ordinance, or did staff incorporate it as a condition out of consideration for the neighbors. Grittman said screening of the trash area is a requirement, but the condition for a poly material trash can is a recommendation based on complaints that staff has received in the past for this site. Kaiser asked if there would be a separation between the two businesses. Chirpich said they would be separate businesses. It could change in the future if the two businesses come to an agreement about how to combine the two uses, but that would take an Ordinance change and would come before the Planning Commission and the City Council for approval. Kaiser then asked what the hours of operation would be. Grittman said the hours of operation are not required for approval of the CUP, but they would be restricted under the Liquor/brew pub license whereby they cannot be open after 1 am. He thought the applicant should answer this question for the members. Kaiser then commented that he thought more than 4 bike racks would be needed. William Roberts, 3519 Lincoln St NE, owner of the Brew Pub told members they plan on being open 11 am-9 pm Monday-Thursday, 11 am- midnight Friday and Saturday, and 11 am – 8 pm Sundays. He said they would be on site earlier than the opening time in order to do cleaning and kitchen prep work. Schill asked him what percentage of the business would be restaurant service and what would be serving beer. Roberts said he thought it would probably be about 50/50. Hoium asked if growlers would be available. Roberts said yes. Sahnow asked Roberts the proposed number of barrels he thought would be manufactured at the site. Roberts said their goal is 900 barrels the first year. Public Hearing Opened Tony Beltrand is the President of LaBelle Condo #2. He said he had talked with Tim McLaughlin, owner of the mall, and listened to the information presented at this meeting. He thought it sounded like a good thing for the community and doesn’t want to see empty storefronts in the area. He will relay his findings to other residents at the condo building. Robert Tholkes from 3966 Reservoir Blvd asked if there was a required distance from a Public Building, such as the new City Hall. There is not. th Linda Stage from 965 40 Ave is concerned about the noise that could be associated with this type of business. She thought the requirement for poly trash cans and the screening was a good idea. However, she was still concerned about deliveries and added traffic in the alley between the mall and Parkview Villa. Stage said she would rather see the space filled, as long as they aren’t negatively affecting the neighboring properties. Fiorendino said the members should consider adding a condition regarding hours for deliveries. Page 8 Russ Bednarski, a resident from LaBelle Condo #3, complained that work is already going on in the space and is happening late at night. Chirpich told him that the owner of the mall has a demo permit to do some interior demo, but no remodeling is happening at this time. Tim McLaughlin, owner of the mall, later stated that the Child Care Center is doing some remodeling and updating in their space and that they do most of it after the daycare closes each day. This should be completed shortly. Bednarski asked asked if the City or owner has looked for other tenants for these spaces. He didn’t feel this was the right type of business for the area. He would rather see a retail use. He said these types of business will negatively affect his property value. Bednarski asked if the Police Dept is aware of this and he felt that this will bring additional crime to the area. th Diane Krueger from 965 40 Ave lives on the alley side of the building. She stated she has not heard any construction noise, but she does hear noise from garbage pick-ups and deliveries going to the businesses on the south end of the mall. She also is worried about the smells that might be generated from manufacturing the beer. th Nattie Severson of 4353 4 St appreciates that staff is trying to mitigate noise issues ahead of time. She also stated she is in favor of the proposal and felt it will be a good fit with the Theater, DQ, Library, and City Hall, to make it a more family oriented area. She said she has tried their beer and BBQ and it is fantastic. It will be a nice addition to have a place like this in town. th Minnie Henson from 965 40 Ave said there is a lot of noise in the alleyway behind the mall. She suggested the City help Parkview Villa install Andersen Windows to lessen the noise. th Ken Bloch from 965 40 Ave understands that the alley belongs to the mall. He said waste removal trucks do come into the south end of the mall in the middle of the night. He would like to see the City control that if possible. Hoium stated there are two issues at hand; Noise in the alley and noise in the Brew Pub. Chirpich said we can put conditions on the requests for these two applications, but we cannot implement new conditions for the entire mall at this time. K.T. Jacobs of 4104 Monroe supports the considerations that are being made to disallow deliveries during the nighttime hours. Robert Kerwin of 4410 Stinson Blvd complained that he didn’t appreciate how he has been treated by staff in his attempt to gather information on a case that was approved in 2016. He had trouble expressing exactly what he wanted to communicate at this meeting, and Chair Fiorendino asked him to keep any comments relevant to the cases being considered on the current agenda. The Public Hearing was Closed. Hoium asked the applicant if there is an odor that comes from manufacturing beer. The owner said most of it is contained in the interior space itself. The manufacturing will be done in the center of their space in an enclosed area, and any smells are not generally offensive to customers who would be impacted the most. Schill asked how large a system he planned on having. Roberts said a 10 barrel system. Schill then asked how he planned to get rid of the spent grain. Roberts said the spent grain will be stored in sealed poly barrels that go to farmers. Page 9 Fiorendino asked if they had problems with having the hours for deliveries and trash pick-up restricted in the conditions of approval. Denise Roberts, owner, said she expects her deliveries and pick-ups to happen during daylight hours for the most part. Chirpich suggested allowing service to the business from 6 am to 10 pm. Roberts was fine with that, and so were the members. Motion by Hoium, seconded by Novitsky to waive the reading of Resolution NO. 2020-___, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Hoium, seconded by Schill, to recommend that the City Council approve the conditional use permit as presented, subject to the following conditions: 1. All exterior signage shall be reviewed by the City for approval and have the proper permits in place before signage is constructed onsite. 2. Poly trash containers will be required to help mitigate noise from trash handling services. 3. The applicant shall adhere to any and all recommendations from the Public Works Department. 4. The area in front of the building must remain marked as a fire lane with yellow paint on the curb and signage stating “no parking – fire lane”. 5. The applicant shall provide a bicycle rack capable of accommodating a minimum of four (4) bicycles. 6. Any new exterior mechanical equipment that is installed to serve the brew pub will be required to meet all code requirements for screening. 7. If an outdoor patio and dining area is proposed at a later date, the applicant shall submit an updated site plan for review. Said plans may require an amendment to the existing conditional use permit, or a new conditional use permit. 8. Supplies for the brewery can only be delivered through the overhead door at the rear of the building. No loading or deliveries shall be allowed from the front of the building. All deliveries, loading, and trash collection can only be made from 6 am – 10 pm. 9. No alcoholic beverages are allowed outside of the enclosed building. 10. No customers are allowed outside of the rear (east) of the building. 11. The establishment complies with all local, state, and Federal laws pertaining to alcohol sales and service. 12. The applicants shall submit drawings for a trash enclosure for City Staff review. The trash and 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. 13. The applicants shall submit a narrative on how they plan to dispose of the by-products from the malt liquor production. 14. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. 15. The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or county. 16. All required state and local codes, permits, licenses and inspections will be met and in full compliance. All ayes. MOTION PASSED. The following Resolution will go to the City Council at the February10, 2020 meeting. Page 10 RESOLUTION NO. 2020-______ A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for a brew pub located at 4001 Central Avenue NE Whereas, a proposal (Case #2020-0201) has been submitted by Rail Werks Brewing Depot and the Columbia Heights Center, LLC to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4001 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.110-(F)-(3)- (k), to allow a brew pub to be located in the Central Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on February 4, 2020; 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 (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. 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: Page 11 CONDITIONS 1. All exterior signage shall be reviewed by the City for approval and have the proper permits in place before signage is constructed onsite. 2. Poly trash containers will be required to help mitigate noise from trash handling services. 3. The applicant shall adhere to any and all recommendations from the Public Works Department. 4. The area in front of the building must remain marked as a fire lane with yellow paint on the curb and signage stating “no parking – fire lane”. 5. The applicant shall provide a bicycle rack capable of accommodating a minimum of four (4) bicycles. 6. Any new exterior mechanical equipment that is installed to serve the brew pub will be required to meet all code requirements for screening. 7. If an outdoor patio and dining area is proposed at a later date, the applicant shall submit an updated site plan for review. Said plans may require an amendment to the existing conditional use permit, or a new conditional use permit. 8. Supplies for the brewery can only be delivered through the overhead door at the rear of the building. No loading or deliveries shall be allowed from the front of the building. All deliveries, loading, and trash collection can only be made from 6 am – 10 pm. 9. No alcoholic beverages are allowed outside of the enclosed building. 10. No customers are allowed outside of the rear (east) of the building. 11 The establishment complies with all local, state, and Federal laws pertaining to alcohol sales and service. 12. The applicants shall submit drawings for a trash enclosure for City Staff review. The trash and 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. 13. The applicants shall submit a narrative on how they plan to dispose of the by-products from the malt liquor production. 14. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. 15. The facility shall meet all applicable building and fire codes, and shall be licensed as required by the state or county. 16. All required state and local codes, permits, licenses and inspections will be met and in full compliance. CASE NUMBER: 2020-0202 APPLICANT: STARCADE LLC/COL. HTS. BUSINESS CENTER LLC LOCATION: 4001 CENTRAL AVE REQUEST: CONDITIONAL USE PERMIT-ARCADE Grittman told members that Starcade, LLC and the Columbia Heights Center, LLC have applied for conditional use permit to allow an arcade at 4001 Central Avenue NE, known as the Columbia Heights Mall. The arcade will be located to the north of the existing NAPA auto parts store (in the 4065 space). The site is a multi-tenant commercial building that includes, retail, restaurants, a transit hub, and a child care center. The site is zoned CBD, Central Business District, by code, an arcade requires a conditional use permit to operate. The tenant bay that the applicant intends to occupy is currently vacant. Previously, a charter school had occupied this site. The charter school has since moved out of the City. Grittman reviewed the following items with the members: Page 12 ZONING ORDINANCE The zoning ordinance requires arcades to obtain a conditional use permit to operate. An arcade is defined as: Any room, place or space available for public patronage, operated as a business, which utilizes in its operation nine or more games of skill/amusement devices, including, but not limited to, pool tables, billiard tables, table tennis tables, foosball tables, pinball machines, or any mechanical or electronic amusement device, and which derives its principle source of revenue from the use and operation of such equipment and games (devices). An arcade or amusement center as defined in this section shall not include bowling alleys. The arcade is planning on having over 200 arcade games. The site plan includes private party rooms, a pinball room, limited beverages (non-alcoholic), and snacks. It should be noted that the City requires different licensing for pool / billiards, and “games of skill”. A “games of skill” license is limited to eight or less machines. These types of licenses are active at other businesses in the City; however, the applicant is seeking a conditional use permit for an arcade. An arcade also requires a license as well; this is discussed later in this report. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Transit Oriented Development. Transit Oriented Development seeks to promote a variety of uses including retail businesses. The proposed conditional use permit is consistent with the Comprehensive Plan’s goals. SITE PLAN The subject property is located in the Central Business District. The following numbered items are an analysis of the site plan against the City Code and the City’s Zoning Ordinance: 1. Setbacks The existing shopping center on this site was constructed in the early 1980s. At the time, four variances were granted to construct the building:  A five (5) foot variance on the length of 40 parking stalls.  A thirty (30) foot variance on the setback of loading zones from residential property.  A variance waiving the twenty (20) foot wide green buffer zone.  A variance permitting two (2) free-standing signs on the retail site. In review of the current setbacks for the subject site, the following table shows compliance for this site: Setback Required Actual Compliant Front (west) 0 feet 180 feet (approx.) Yes Side (north) 1 foot 78 feet (approx.) Yes Side (south) 1 foot 8 feet (approx.) Yes Rear (east) 10 feet 30 feet (approx.) Yes The existing setbacks at this site are compliant with the current zoning ordinance. Page 13 2. Parking The existing shopping center contains numerous parking spaces that serve the tenants of the site. The site is located in the Central Business District, which does not require parking. It should be noted that the performance standards for an arcade do not contain specific requirements for off-street parking; only confirmation that the site complies with parking requirements for the district where the site is located. In this regard, the site is compliant with its parking standard. 3. Access thst The site is currently served by access from Central Avenue NE, 40 Avenue NE, and 41 Avenue NE. The site has a service road on the rear of the building for trash handling service and deliveries. No changes to site access are proposed. 4. Landscaping The existing site has plantings around the building and parking lot; no changes to the landscaping are proposed. 5. Signage The applicants have not submitted drawings for signage onsite. Signs are required to have a building permit and are subject to review for compliance by City Staff. As a condition of approval, all signage shall be reviewed by the City for approval. 6. Trash Handling The City Engineer has recommended the use of poly trash containers to help mitigate noise from trash handling. This will be a condition of approval. The site has trash service on the rear of the building that serves all the tenants of the site. No changes are proposed to the trash handling area of the site. 7. Utility Connections The site currently contains all necessary utility connections. This is subject to further review by the City’s Public Works department as well as the Fire Department. 8. Fire Access The area in front of the building is marked with yellow curb paint and signage that states “no parking – fire lane”. As a condition of approval, this will be required to remain. 9. Pedestrian Access and Bicycle Access The site has pedestrian access to connect the parking area to the building. The parking area is connected to the City’s sidewalk system so pedestrians can access the site. An inspection of the site and review of the site plan shows no bicycle access or parking. The 2040 Comprehensive Plan land use goals states that sites should have pedestrian and bicycle amenities. While the pedestrian access appears to be satisfied, the site should incorporate a bicycle parking area capable of accommodating a minimum of four (4) bicycles should be required to satisfy this goal. This will be a condition of approval. It should be noted that the site also contains a transit hub. 10. Loading Area The site plan does not show a loading area for the arcade. The floor plan has a double door access on the rear of the building. As a condition of approval, all loading shall be conducted from the rear of the building through this double door area. No loading or deliveries shall be allowed at the front of the building. Page 14 11. Neighborhood Notifications Neighbor notifications went out to property owners within 350 feet of the subject property. City Staff received phone calls, emails and mail from residents both supporting the project and expressing concerns related to noise. Staff is recommending the following conditions of approval to address the concern of noise:  No sounds from the arcade may be audible at the property line of the subject site.  No customers are allowed outside of the rear (east) of the building. It should be noted that under the license requirements for an arcade license, the arcade cannot operate between the hours of midnight and 7:00am. 12. Staff Review The Public Works Department, Police Department, and the Fire Department were provided a copy of the application and site plan. The public works department recommended that poly trash containers be used to mitigate noise from trash handling services. This is noted earlier in this report. CONDITIONAL USE PERMIT REQUIREMENTS The City Code outlines nine requirements that all conditional use permits must meet in order to be considered for approval: (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. Staff Comment: The proposed arcade is allowed by conditional use permit under Section 9.110-(F)-(3)- (a) (b) The use is in harmony with the general purpose and intent of the comprehensive plan. Staff Comment: The comprehensive plan guides this site for commercial uses. The proposed 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. Staff Comment: Staff does not believe this will be an issue. (d) The use will not substantially diminish the use of property in the immediate vicinity. Staff Comment: The immediate area is a mix of other commercial and residential sites. The use will be going into an existing building and is not expected to diminish the use of property in the immediate vicinity. (e) The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. Staff Comment: The use will be occupying an existing building. The existing building will not alter the appearance or the character of the surrounding area. Page 15 (f) The use and property upon which the use is located are adequately served by essential public facilities and services. Staff Comment: This requirement has been met by the existing building. (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. Staff Comment: The site is located in the Central Business District; this district does not require parking or onsite traffic circulation. (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. Staff Comment: Staff does not feel this will be an issue. (i) The use complies with all other applicable regulations for the district in which it is located. Staff Comment: Staff believes this requirement has been met. ARCADE LICENSE / FINDINGS OF FACT As part of the process, the applicant will be required to apply for an arcade license under Section 5.404 of the City Code. The process for applying for an arcade license will be completed separately from the conditional use permit application. By Code, the arcade license must be obtained before the business may open to the public. (1) Only premises which are within commercial districts of the city may be licensed. An arcade/amusement center that is a primary use of the parcel on which it is located may not be within 150 feet of any residential district or within 300 feet of any school or church. Staff Comment: The site is a multi-tenant building in a commercial zoning district. The applicant is compliant with this part of the requirement. Since the site is a multi-tenant shopping center, the arcade is not the primary use of this parcel; therefore, the second part of the requirement does not apply to this application. (2) No premises may be licensed unless sufficient visibility exists from outside the entrance to the premises for a person of average stature to visually survey the entire premises and all possible locations of patrons therein. Staff Comment: The site plan includes several private party rooms, and a pinball room. To satisfy this requirement, staff is recommending a condition of approval that any member of City Staff, the Columbia Heights Fire Department, or the Columbia Heights Police Department be allowed to inspect the premises at any time during business hours. Staff feels that the requirement as it’s written is not feasible and stems from an outdated requirement that was aimed at preventing truancy from school. Page 16 (3) The consumption of alcoholic beverages, whether classified as intoxicating or non- intoxicating, or the use of any controlled substance upon any part of the licensed premises is prohibited. Staff Comment: This will be a requirement for the licensing. Staff has been working with the applicant to ensure they are well aware of this requirement. The applicant is content with this prohibition and has indicated that they may pursue a change in the requirements at a future date; however, for now, the arcade will not permit alcohol. (4) The licensee and his employees and agents shall adhere to the provisions of the city code relating to minors. No licensee, nor his employees or agents, shall knowingly permit a minor to be present on the premises in violation of curfew laws, nor knowingly permit a person under the age of 17 years to be present on the premises when school is in session unless on a valid excused absence. Curfew law must be posted on-site in a conspicuous place about the business. Staff Comment: This will be a requirement to receive a license. (5) No person under the age of 14 years shall be permitted to enter or remain upon any part of the licensed premises unless accompanied by his parent or legal guardian. Staff Comment: This will be a requirement to receive a license. (6) Adequate off-street parking for automobiles must be provided in compliance with the current city zoning ordinance requirements. Staff Comment: Currently, this site does not require off-street parking. (7) The licensed premises shall fully comply with all applicable state and local regulations dealing with health, zoning, building and fire requirements and that the place to be licensed will not become a public nuisance or detrimental to public safety, morals or welfare. The building or fire inspector may enter said premises at any time during normal business hours, for the purpose of inspecting said premises for fire or building code hazards. All law enforcement personnel of the City of Columbia Heights shall have the right to enter said premises at any time during normal business hours, for the purpose of enforcement of the terms of this section. Staff Comment: Staff is recommending that this be included as a condition of approval. (8) The licensee shall be responsible for maintaining order on all parts of the licensed premises. Staff Comment: Staff is recommending that this be included as a condition of approval. (9) Only amusement devices with a current, valid Columbia Heights license may be offered for use or kept on the licensed premises. Staff Comment: This will be a requirement to receive a license. (10) No wagering or betting for a consideration or any other gambling shall be permitted on the licensed premises. Page 17 Staff Comment: This will be a requirement to receive a license. (11) The applicant or manager, 21 years or older, and as designated in the license application shall be present on the premises during all times the premises are open. No new manager may be placed in supervision of the premises until he has been approved by the City Council. Staff Comment: This will be a requirement to receive a license. (12) No amusement devices shall be operated between the hours of 12:00 midnight and 7:00 a.m. Staff Comment: As a condition of approval, the applicant shall submit the hours of operation to the City as part of their conditional use permit. If the hours change, the applicant shall be responsible for submitting updated hours in a timely manner. SUMMARY / RECOMMENDATION The applicants are proposing to open an arcade at 4001 Central Avenue NE. In review of the applicant’s site plan, application, and other relevant materials, staff finds the request to be reasonable and will not negatively impact the health, safety, or welfare of the City, its residents, and property owners. Staff recommends that the Planning Commission recommend the City Council approve the conditional use permit as presented subject to certain conditions as outlined in the recommended motion. Questions from Members: There was a discussion about whether to add language about prohibiting alcohol as one of the conditions of approval. Chirpich thought the language should be left as is as the language would only pertain to this site. Currently, if the business is licensed as an Arcade, no alcohol is allowed. If the licensing Ordinance is changed through an amendment and alcohol would be permitted, then the change would apply equally to all Arcade businesses. Chirpich told members the Arcade License needs updating as it was created almost 40 years ago. He used the example that one of the current requirements is to have a full glass front so the entire business can be seen from the street. Staff feels this is an unreasonable requirement and recommends waiving it. Hoium noted the requirement to have the City Council approve the hiring of managers is also outdated, as they should not serve as human resources for a private business. Kaiser again stated that he thinks more than 4 bike racks should be provided. Chirpich told members that it is a stated goal in the Ordinance and there will be a minimum of 8 racks between the two businesses. The mall owner can certainly put in more than the required amount. Schill asked how long it will be before the two businesses comingle. Chirpich said that is unknown at this point. They want to move forward now under the current licensing Ordinance and will make an application for an amendment in the future. They are aware that process takes some time to get approved and to be in effect. Page 18 Public Hearing Opened. Tony Beltrand from LaBelle Condos questioned where the bike racks would be located. He is concerned that many of the residents frequent the businesses in the mall and walk with walkers, so putting them on the sidewalks would create an obstacle. Tim McLaughlin, owner of the mall, said he thinks using a couple of parking spots in the lot would be a better place to put the bike racks. He will work to figure it out, but will not block sidewalk access. K.T. Jacobs asked how they will ensure that beer is kept in the pub. Staff said that is the owner’s responsibility just as it is at any other business that serves alcohol, and that the Police would enforce all state and local laws. Linda Stage said there is an issue at Parkview Villa with drug sales in their parking lot and suspects that this could also occur in the parking lot in front of these businesses. She asked if there will be a larger police presence to deter this type of activity. Russ Bednarski asked who will enforce vaping and drug use at these establishments. Chirpich again stated it is the owner’s responsibility to monitor this and to call the Police if there are problems. If there are chronic issues at a business the City Council always has the option of revoking their license to operate. Dian Krueger asked if the business will be soundproofed. Grittman said one of the conditions is that noise cannot be heard at the property line. Beltrand asked if security cameras would be required. Chirpich stated it is not a requirement for approving the CUP. The City does have a separate program in place that will assist businesses to install them in cooperation with the Police Dept. Paul Saarinen, the owner of the Arcade said his hours of operation will be from 8 am to 11 pm. He is open to installing security cameras. He has some vintage/collector games (from the 70’s-90’s) that he will want to protect. He told members his business plan is to target an audience of 30-55 year olds who grew up with these games. They may bring in family members to share the experience with them. He also would host corporate events and private parties. Public Hearing Closed. Motion by Hoium, seconded by Schill, to waive the reading of Resolution No 2020-____, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schill, seconded by Sahnow, to recommend that the City Council approve the conditional use permit as presented, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All exterior signage shall be reviewed by the City for approval and have the proper permits in place before signage is constructed onsite. 3. Poly trash containers will be required to help mitigate noise from trash handling. 4. The area in front of the building must remain marked as a fire lane with yellow paint on the curb and signage stating “no parking – fire lane”. Page 19 5. The applicant shall provide a bicycle rack capable of accommodating a minimum of four (4) bicycles. 6. Supplies for the arcade can only be delivered through the double doors at the rear of the building. No loading or deliveries shall be allowed from the front of the building. All deliveries, loading, and trash collection can only be made from 6 am – 10 pm. 7. No sounds from the arcade may be audible at the property line of the subject site. 8. No customers are allowed outside of the rear (east) of the building. 9. The licensed premises shall fully comply with all applicable state and local regulations dealing with health, zoning, building and fire requirements and that the place to be licensed will not become a public nuisance or detrimental to public safety, morals or welfare. The building or fire inspector may enter said premises at any time during normal business hours, for the purpose of inspecting said premises for fire or building code hazards. All law enforcement personnel of the City of Columbia Heights shall have the right to enter said premises at any time during normal business hours, for the purpose of enforcement or inspection. 10. The licensee shall be responsible for maintaining order on all parts of the licensed premises. 11. The applicant shall submit the hours of operation to the City as part of their arcade license. If the hours change, the applicant shall be responsible for submitting updated hours in a timely manner. 12. The applicant shall receive and adhere to all licensing requirements as may be amended from time to time. All ayes. MOTION PASSED. The following Resolution will go before the City Council at the February 10, 2020 meeting. RESOLUTION NO. 2020-______ A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Conditional Use Permit for an arcade located at 4001 Central Avenue NE Whereas, a proposal (Case #2020-0202) has been submitted by Starcade, LLC and the Columbia Heights Center, LLC to the City Council requesting a Conditional Use Permit from the City of Columbia Heights at the following site: ADDRESS: 4001 Central Avenue NE LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: A Conditional Use Permit per Code Section 9.110- (F)-(3)-(a), to allow an arcade to be located in the Central Business Zoning District. Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on February 4, 2020; 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; Page 20 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 (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. 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. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. All exterior signage shall be reviewed by the City for approval and have the proper permits in place before signage is constructed onsite. 3. Poly trash containers will be required to help mitigate noise from trash handling. 4. The area in front of the building must remain marked as a fire lane with yellow paint on the curb and signage stating “no parking – fire lane”. 5. The applicant shall provide a bicycle rack capable of accommodating a minimum of four (4) bicycles. 6. Supplies for the arcade can only be delivered through the double doors at the rear of the building. No loading or deliveries shall be allowed from the front of the building. All deliveries, loading, and trash collection can only be made from 6 am – 10 pm. 7. No sounds from the arcade may be audible at the property line of the subject site. 8. No customers are allowed outside of the rear (east) of the building. 9. The licensed premises shall fully comply with all applicable state and local regulations dealing with health, zoning, building and fire requirements and that the place to be licensed will not become a public nuisance or detrimental to public safety, morals or welfare. The building or fire inspector may enter said premises at any time during normal business hours, for the purpose of inspecting said premises for fire or building code hazards. All law enforcement personnel of the City of Columbia Heights shall have the right to enter said premises at any time during normal business hours, for the purpose of enforcement or inspection. 10. The licensee shall be responsible for maintaining order on all parts of the licensed premises. Page 21 11. The applicant shall submit the hours of operation to the City as part of their arcade license. If the hours change, the applicant shall be responsible for submitting updated hours in a timely manner. 12. The applicant shall receive and adhere to all licensing requirements as may be amended from time to time. CASE NUMBER: 2020-0203 APPLICANT: CONTRACTORS CAPITAL COMPANY LLC LOCATION: REMNANT PARCEL AT HUSET PKWY AND JEFFERSON ST ROUNDABOUT REQUEST: PRELIMINARY PLAT/FINAL PLAT AND SITE PLAN REVIEW Grittman explained that Contractors Capital Company has applied for Preliminary Plat / Final Plat Review and Site Plan Review for Huset Park Outlot B (unassigned address). The site is located south of Huset Park at the corner of Jefferson Street and Huset Parkway. Chirpich explained that the property has been vacant since the larger development that included the Huset Park Townhomes and the Legends of Columbia Heights was constructed, starting in 2005. The subject 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 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. Outlot B, is the final remaining vacant parcel of the previous industrial area and redevelopment site. The applicant had previously received approval of a three story assisted living facility in 2019. However, after soil testing was completed, it was determined that the site could not accommodate a three story building. The applicant is now proposing a one story facility without the underground parking that was originally part of the project. The site will include assisted living units and memory care units. It should be noted that the plat that was approved in 2019, was not recorded with Anoka County. ZONING ORDINANCE The site is currently platted as an Outlot from the adjacent townhomes. As part of this application, the subject site being 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). The applicant will also be 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, along with 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. 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 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. Page 22 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. 1. Zoning The subject site is zoned MXD - Mixed Use Development. Within the Mixed Use Development District, uses that are similar to those found in other zoning districts are allowed. A senior living facility would meet this definition; therefore, the proposed senior living facility is an allowed use within the Mixed Use Zoning District. 2. Existing Adjacent Uses The site is adjacent to a City park to the north (Huset Park); Industrial uses to the east; and multi-family to the south and west. A senior living facility will provide a visual buffer between the industrial uses and the multi- family uses in this area. Further, the adjacent City Park will serve as a desirable amenity for the senior living facility. 3. Setbacks As a mixed use development, there are no specific setbacks that the site must follow. Instead, the applicant and the City shall work together to develop setbacks that are reasonable for the site and the surrounding area. In review of the proposed setbacks at this site, City Staff feels that the proposed building location will fit well on the parcel and blend well with surrounding uses. It should be noted that the building location and setbacks have changed from the original site plan that was approved in 2019. 4. Lot Area, Width, and Length. The subject site is approximately 1.31 acres in area; has a lot width of approximately 140 feet (at its most narrow point); and a length of approximately 320 feet. As with other standards in the Mixed Use Development District, the site does not have strict requirements for lot size, only a standard that states the site shall be large enough to accommodate the proposed use on the site. Staff feels that the proposed use on this site will work with the lot size. 5. Parking The building plan is proposing 11 memory care units and 18 assisted living units for a total of 29 units. City Code requires one parking space for every two units of senior housing/assisted living. By this standard, the City would require that 15 parking spaces be provided. The proposed development exceeds this requirement, by providing 18 spaces and 2 handicapped parking spaces. It should be noted that the site no longer includes the underground parking that was in the original approval from 2019. 6. Access The site will be served by one main entrance off McKenna Street on the north side. This is a private street. The site contains a turnaround area near the front of the building. The site does not have an access from Jefferson Street NE. The applicants have provided documents that show they have permission to access the site from McKenna Street. This is subject to further review by the City Attorney. 7. Landscaping The proposed landscaping plan shows a total of 25 trees will be planted including a mix of deciduous trees and conifer trees. The tree sizes and diameters meet the City’s requirements for sizes at the time of planting. The Page 23 remaining area on the site will be covered with sod. This is consistent with the City’s requirements for landscaping. As a condition of approval, the applicant shall enter into a development contract that includes a landscaping guarantee. It should be noted that the project site has no existing trees. The existing boulevard area has trees and grass that were previously planted. The existing boulevard area is outside of the project site and is not included in the landscaping plan. 8. Loading and Delivery Area. The site plan does not show a designated loading and delivery area. As a condition of approval, there shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. This is a carryover from the previous approval. 9. Easement Dedication The proposed plat will include a fifteen foot drainage and utility easement on the north side of the property. The remaining sides around the perimeter of the property will include a five foot drainage and utility easement. The City Engineer has reviewed the plans and has provided comment in the attached memo. Page 26 The City has also requested an easement over the drainage system under the parking lot. The applicant has agreed to this and will provide proper documentation when the project is finished. This will be a condition of approval. 10. Right-of-Way Dedication According to the survey that was submitted with the application, a portion of the site protrudes into Jefferson Street NE and the roundabout. The applicants have proposed to reconfigure the property lines to eliminate this issue. Staff recommends that the City accept the land donation from the applicant to correct this error. It should be noted that the road does not currently have proper easements in place; the realignment of the parcel will fix this mistake. 11. Maximum Site Coverage. Within the Mixed Use Development District, no maximum site coverage limit exists. However, the applicant is required to provide a stormwater management plan that complies with the City’s requirements. This is discussed later in this report. 12. Park Dedication The proposed plat will not include a park dedication. Instead, the applicants will make a financial contribution to satisfy this requirement. This will be included in the development contract. 13. Site Lighting. The architectural drawings show lights will be attached to the building near the entryways on the north, east, and south sides of the building. The north and south lighting will be installed under an overhang in a recessed light fixture. This will mitigate light pollution to residencies to the south of the project site. The front entry area (east side) will have light fixtures attached to the sides of the main entryway. This side of the building faces industrial zoning and will not be an issue with light pollution. It should be noted that no lights are proposed for the west (rear) side of the building. Page 24 The applicants have submitted a separate lighting plan and photometric sheet. The applicants are proposing to add ten new lights on the site. The lighting includes pole lights over the parking lot area, and lights around the entrances to the building. The photometric plan that was submitted shows lumens up to 1.0 on the west side of the building (adjacent to residential uses). The area on the south side of the building shows lumens up to 7.5. The site has existing street lights at the intersection of Lomianki Lane and Jefferson Street NE; and the intersection of Huset Parkway and McKenna Street. As a condition of approval, any changes to the lighting location or brightness will require review by City staff and shall meet the City’s requirements for lighting. 14. Signage The site has a variety of proposed directional signage onsite to direct traffic flow. The area also has existing signage to direct traffic and on-street parking. The proposed plans show that the existing signs will remain in place. The plans dated January 27, 2020 show a detached identification sign (monument sign) on the northwest corner of the property. The monument sign will be required to meet the standards of the City’s sign code and other applicable regulations. The architectural drawing of the building shows signage attached to the building on all four sides. The Mixed Use District does not have specific requirements for signage. The applicant has stated that the signs are conceptual at this time. The applicant intends on providing detailed drawings in a final submittal. Detailed drawings of all the signage onsite will be a condition of approval. 15. Trash Enclosure The site plan shows a trash enclosure on the southeast side of the property that faces north. The enclosure measures fifteen feet wide by ten feet deep. The enclosure will be seven feet in height. The proposed trash enclosure meets the City’s requirements. 16. Mechanical Screening The site plan shows mechanical equipment on the southeast part of the property (near the trash enclosure). Mechanical equipment shall be screened from adjacent properties and the public right-of-way. As a condition of approval, this requirement shall be met. In working with the applicants, they are aware of this requirement. 17. Utility Connections The site currently contains existing street lights around the property. The applicants are proposing to keep these in place. The water connection to the site will take place in the southeast corner of the site; with sanitary sewer connecting to the northwest area of the site. 18. Drainage Onsite stormwater drainage will collect in a series of stormwater drains and move water to the northeast area of the site. This is subject to further review by the City Engineer. 19. Public Works Comments The Public Works Department has provided a memo dated January 24, 2020. As a condition of approval, the applicants shall adhere to all recommendations outlined in the memo. 20. Mississippi Watershed Management Organization Copies of the plans were sent to the Mississippi Watershed Management Organization for comment. As a condition of approval, the site shall comply with all the requirements of the MWMO. Page 25 21. Fire Department Connection The site is served by a fire hydrant on the west side of the property, as well as a fire department connection in the same area. The location of the FDC was at the request of the fire department. The applicant is compliant in this regard. 22. Snow Storage The site contains very little space for snow storage. Staff recommends that a condition of approval include designating five parking spaces on the site for snow storage. Alternatively, the site plan could be revised to show snow storage on the site. 23. Pedestrian Access A public sidewalk exists along Jefferson Street NE and Huset Parkway. These sidewalks will not be removed during construction. The site plan shows paved walkways around the building that will connect to the City’s sidewalk along Jefferson Street NE. The pedestrian access is compliant with the goals of the 2040 Comprehensive Plan which seeks to encourage pedestrian access to sites in the City. 24. Building Design and Materials The exterior of the building will consist of glass, LP shake siding, LP strip siding, stone, and metal fascia. The roof will be sloped and contain asphalt shingles. These materials are of high architectural quality and will add to the value of the neighborhood. 25. Neighbor Notifications As required, property owners within 350 feet were notified of the proposed project. City Staff did not receive any correspondence related to the project as of the date on this report. FINDINGS OF FACT 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: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.116 \[Subdivision Ordinance\]. Staff Comment: As a mixed use development site, the City can offer flexibility with the requirements of the zoning ordinance. Staff feels that the proposed plan is a reasonable request that will maximize the site, and provide a buffer between the residential land uses and industrial land uses. (b) The proposed subdivision is consistent with the Comprehensive Plan. Staff Comment: The Comprehensive Plan guides this area for high density residential development. The Comprehensive Plan aims to ensure housing for the projected aging population. The proposed senior living facility is consistent with the comprehensive plan goals. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Staff Comment: Staff feels that the site design, traffic flow, and building location use this site in a way that will be attractive to the area. Staff feels this requirement has been met. Page 26 FINDINGS OF FACT Section 9.104 (M) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant a Final Plat, they are as follows: (a) The final plat substantially conforms to the approved preliminary plat. Staff Comment: The applicants are seeking approval for a preliminary plat and final plat in consecutive meetings. In review of the plans submitted, the preliminary plat and final plat are consistent with each other. (b) The final plat conforms with the requirements of Section 9.116 \[Subdivision Ordinance\]. Staff Comment: In review of Section 9.116 (the City’s Subdivision Ordinance), Staff feels that the final plat conforms to the City’s subdivision requirements. FINDINGS OF FACT 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: a. The Site Plan conforms to all applicable requirements of this article. Staff Comment: In review of the City’s Site Plan Review Ordinance, Staff feels that the applicants have met this requirement. b. The Site Plan is consistent with the applicable provisions of the City’s Comprehensive Plan. Staff Comment: The City’s Comprehensive Plan supports mixed use development for this site. The application is consistent with the provisions of the City’s Comprehensive Plan. c. The Site Plan is consistent with any applicable area plan. Staff Comment: The area that this site is in is zoned for mixed use. The surrounding area contains multi-family housing; an industrial area; and a City park. The senior living site plan will be consistent with the overall area plan. d. The Site Plan minimizes any adverse impacts on property in the immediate vicinity and the public right- of-way. Staff Comment: The site plan will have a minimal impact on traffic, and right-of-ways in the area. At the same time, the building location, and parking lot location are designed to minimize light pollution to adjacent sites. SUMMARY AND RECOMMENDATION The applicant is seeking approval of a 29 unit assisted living facility on a parcel of land that’s currently an outlot. The building will be one story and have a sloped roof. The application includes a site plan approval, preliminary plat, and final plat. The Planning Commission approves site plans based on the findings of Staff and its compliance with the zoning ordinance. The preliminary plat and final plat will require Planning Commission recommendation and City Council approval. Below is Staff’s recommendation: Page 27 Preliminary Plat / Final Plat. Staff recommends that the Planning Commission recommend the City Council approve the Preliminary Plat / Final Plat as presented subject to the conditions outlined in the recommended motion. Site Plan Staff recommends that the Planning Commission approve the Site Plan for the property located at PID: 35-30- 24-43-0125 (unassigned address, known as Huset Park Outlot B); subject to the conditions outlined in the recommended motion. Questions/comments from members: Sahnow noted that the access to the building off McKenna St is close to the McKenna/Huset Pkwy corner and wonders if this will cause traffic issues. Chirpich said our Public Works Director has reviewed the plan and he determined that the Assisted Living Building is a low traffic use and the Round-A-Bout helps control traffic flow and vehicle speed, so he didn’t think it should have a large impact on the neighborhood. Hoium questioned the number of on-site parking spaces since there was conflicting information on the planning report versus what is indicated on the renderings. Jerry Tollefson from Contractor’s Capital said there will be 27 spaces total. Seven of those spaces will be used in the winter for snow storage. Hoium then asked what type of easement is under the parking lot. Chirpich stated it is for the storm drainage system, and is a requirement of the development agreement so the City has the right to maintain or repair it if necessary, if the owner doesn’t. It gives us the legal right to intervene. Hoium asked if the developer will be required to pay Park Dedication fees. Chirpich said it is a requirement in the Development Agreement and the fee is 10% of the land value. He said the land value will be based on the reduced purchase price in this case due to the soil issues of the site. Kaiser said this is in a Mixed Use District, and asked if this proposal meets the intent. He went on to say the Comp Plan indicates this should be a high density use. Chirpich said the Mixed Use is for the entire development, not for this specific parcel, and that it should integrate different uses for the entire area. He told members that even though this ended up being all residential, it is a variety of single family townhomes, multi- family apartments, and an Assisted Living facility. Due to the bad soil conditions and the size of the lot, this is the best use of the parcel. Chirpich explained that the soils on this site will not accommodate a larger, multi story facility. Hoium asked if the contaminated soils have to be removed. Chirpich said if they are left undisturbed, they can leave the soil as is. That is why they relocated the building on the site and eliminated the underground parking originally proposed in the old plan. Public Hearing Opened. Patrick Vita-Schwartz from 3861 LaBelle wanted to know the construction timeline. He also wanted to know if the developers will be contributing to the HOA for the maintenance of the private roads. Tollefson said they would like to start construction as soon as everything is approved. They are hoping to start by early summer and have the building done in early 2021. He also said they would work with the HOA to contribute to the street maintenance and to assume whatever agreement was in place with Dominium (the previous owner). Page 28 Public Hearing Closed. Motion by Schill, seconded by Kaiser, to waive the reading of Resolution No 2020-_____, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schill , seconded by Sahnow, to recommend the City Council approve the Preliminary Plat / Final Plat as presented, subject to the following conditions: 1. The City Attorney reviews the site access documents that show the site can be accessed from McKenna Street (a private street). The applicants shall adhere to any recommendations from the City Attorney. 2. The property owner and the City shall enter into 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. 3. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. Once the recording has taken place, the applicant shall demonstrate to the City that this has been completed. 4. An approved Preliminary Plat and Final Plat shall be valid for a period of one (1) year from the date of the City Council approval and must be recorded within that timeframe. In the event that a Final Plat is not recorded within this time period, the Plat will become void. All ayes. MOTION PASSED. Motion by Schill, seconded by Novitsky, to waive the reading of Resolution No. 2020-PZ_____, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schill, seconded by Sahnow, to adopt Resolution No. 2020-PZ_____, being a resolution approving a Site Plan, for Contractors Capital Company, LLC for the proposed senior living development, subject to the following conditions: 1. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 2. The applicant shall provide documentation for an easement dedication over the drainage system in the parking lot area. Said documentation shall be provided upon completion of the project. 3. The applicants shall adhere to all requirements from the Public Works Department outlined in the memo dated January 24, 2020. 4. The installation of signage shall require review by City Staff and a building permit. 5. Mechanical equipment shall be screened so as to minimize the visual impact on adjacent residential properties and from public streets. Screening of the equipment shall meet the requirements of the City’s Zoning Ordinance. 6. All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 7. The developer shall enter into a storm water maintenance and management agreement with the City, to be prepared by the City Attorney. Page 29 8. The applicant shall designate five parking spaces on the site for snow storage. Alternatively, the site plan could be revised to show snow storage on the site in a different location. 9. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 10. The applicant shall meet the requirements outlined in the attached memo from the Public Works Department dated January 24, 2020. 11. Site and elevation plans included in this submittal, shall be considered the approved plans. 12. Any changes to the lighting fixture location or brightness will require review by City staff for compliance with the City’s ordinances related to lighting. This includes the light fixtures on the building, and parking lot lighting. 13. The site utility and grading plans shall be subject to review and final approval by the City Engineer, and Fire Chief. 14. Developer shall pay park dedication fees as outlined in the City Code. 15. Developer shall provide financial guarantee in the form of an irrevocable letter of credit for landscaping and public improvements. The guarantee amount is to be determined by the City Engineer. 16. Developer will provide record plans or as-built drawings to the City following project completion. All ayes. MOTION PASSED. RESOLUTION NO. 2020 – PZ01 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 2020-0203) has been submitted by contractors Capital Company, LLC 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 29 Unit Senior Living Facility Whereas, the Planning Commission held a public hearing as required by the City Zoning Code on February 4, 2020; 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: 1. The site plan conforms to all applicable requirements of this article. 2. The site plan is consistent with the applicable provisions of the City’s Comprehensive Plan. 3. The site plan is consistent with any applicable area plan. 4. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right- of-way. Page 30 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. There shall be no deliveries, loading or unloading of goods and materials between the hours of 10:00 pm and 6:00 am. 2. The applicant shall provide documentation for an easement dedication over the drainage system in the parking lot area. Said documentation shall be provided upon completion of the project. 3. The applicants shall adhere to all requirements from the Public Works Department outlined in the memo dated January 24, 2020. 4. The installation of signage shall require review by City Staff and a building permit. 5. Mechanical equipment shall be screened so as to minimize the visual impact on adjacent residential properties and from public streets. Screening of the equipment shall meet the requirements of the City’s Zoning Ordinance. 6. All City Storm Water Management requirements and Mississippi Watershed Management Organization requirements shall be achieved for this property. 7. The developer shall enter into a storm water maintenance and management agreement with the City, to be prepared by the City Attorney. 8. The applicant shall designate five parking spaces on the site for snow storage. Alternatively, the site plan could be revised to show snow storage on the site in a different location. 9. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 10. The applicant shall meet the requirements outlined in the attached memo from the Public Works Department dated January 24, 2020. 11. Site and elevation plans included in this submittal, shall be considered the approved plans. 12. Any changes to the lighting fixture location or brightness will require review by City staff for compliance with the City’s ordinances related to lighting. This includes the light fixtures on the building, and parking lot lighting. 13. The site utility and grading plans shall be subject to review and final approval by the City Engineer, and Fire Chief. 14. Developer shall pay park dedication fees as outlined in the City Code. 15. Developer shall provide financial guarantee in the form of an irrevocable letter of credit for landscaping and public improvements. The guarantee amount is to be determined by the City Engineer. 16. Developer will provide record plans or as-built drawings to the City following project completion. Passed this 4th day of February, 2020 Offered by: Schill ______________________________ Seconded by: Sahnow Rob Fiorendino, Vice Chair Roll Call: All ayes ____________________________________ Shelley Hanson, Secretary Page 31 And the following Resolution will go to the City Council for consideration on February 10, 2020. RESOLUTION NO. 2020-_____ A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat and Final Plat for Contractor Capital Company, LLC. Whereas, a proposal (Case # 2020-0203) has been submitted by Contractors Capital Company, LLC to the City Council requesting Preliminary Plat and Final 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: Outlot B, Huset Park, Anoka County, Minnesota THE APPLICANT SEEKS THE FOLLOWING: Preliminary Plat Approval per Code Section 9.104 (L). Final Plat Approval per Code Section 9.104 (M) Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on February 4, 2020; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Preliminary Plat and Final 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 9.116. (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. Section 9.104 (M) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Final Plat. They are as follows: (a) The final plat substantially conforms to the approved preliminary plat. (b) The final plat conforms with the requirements of Section 9.116. Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary Plat and Final 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 recorded with Anoka County within one (1) calendar year after the approval date, subject to petition for renewal. Page 32 CONDITIONS 1. The City Attorney reviews the site access documents that show the site can be accessed from McKenna Street (a private street). The applicants shall adhere to any recommendations from the City Attorney. 2. The property owner and the City shall enter into 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. 3. The applicant shall be responsible for the cost of filing and recording written easements with the Anoka County Recorder’s Office. Once the recording has taken place, the applicant shall demonstrate to the City that this has been completed. 4. An approved Preliminary Plat and Final Plat shall be valid for a period of one (1) year from the date of the City Council approval and must be recorded within that timeframe. In the event that a Final Plat is not recorded within this time period, the Plat will become void. CASE NUMBER: 2020-0204 APPLICANT: ALATUS LLC LOCATION: 3989 CENTRAL AVE REQUEST: PRELIMINARY PLAT/FINAL PLAT; PLANNED UNIT DEVELOPMENT; MIXED USE DEVELOPMENT; & EASEMENT VACATIONS Chirpich explained that Alatus, LLC, along with the Columbia Heights Economic Development Authority have applied for a Preliminary Plat / Final Plat; Mixed Use Development; Planned Unit Development; and Easement Vacations for the property located at 3989 Central Avenue NE. The property was previously used by Northeast Bank, but has been vacant for several years. The City purchased the property in 2019 with the intent of redeveloping the site. The overall site contains five different parcels of land. The site is zoned MXD, Mixed Use Development. The site is adjacent to CBD Central Business District to the north, west, and south of the site; as well as R-3 Multiple Residential District to the east. The applicants are proposing to demolish the existing office building, parking ramps, and parking lot and construct a new City Hall, retail space, an underground parking ramp, and a 265 unit apartment complex with amenities. ZONING ORDINANCE The site is currently zoned MXD, Mixed Use Development District. The applicants are proposing to rezone the site to Planned Unit Development (PUD). The Planned Unit Development District will allow the applicants flexibility with setbacks, building height, building design, parking stall design, and the use of the property. The Planned Unit Development rezoning is discussed later in this report. COMPREHENSIVE PLAN The Comprehensive Plan guides this area for Transit Oriented Development. Transit Oriented Development seeks to develop properties to have a mix of residential, retail, and office. Transit Oriented Development also seeks to include pedestrian friendly access and design. Page 33 In review of the site and building plans for this project, the site contains sidewalks on three sides of the site, has outdoor seating and table areas, trees and boulevard areas, and planters. The design of the site is consistent with the goals of the 2040 Comprehensive Plan. SITE PLAN 1. Setbacks The subject property is currently located in the Mixed Use District. The proposed plan is to rezone the site to Planned Unit Development District. Neither district has a setback standard, only Staff review and Council approval of the site’s proposed setbacks. In review of the proposed setbacks, Staff finds the site plan is acceptable as presented. 2. Parking The proposed site plan has 265 market rate apartment units; a 20,650 square foot City Hall; and a 3,920 square foot commercial area (intended to be a coffee shop). The applicants are proposing 354 parking spaces to accommodate the uses onsite. 30 spaces will be available for public use related to City Hall and the coffee shop; the remaining spaces will be resident parking and shared parking with the Staff at City Hall. The applicants have indicated that they expect up to eight spaces being needed at a time for coffee shop customers. It is expected that a majority of coffee shop customers driving to the location will park on Gould Avenue. Gould Avenue is wide enough to accommodate on-street parking on one side of the street. The north side of Gould Avenue along the project site is currently signed no-parking. Staff plans to request a removal of this parking restriction from the Traffic Commission. The parking spaces vary in size from nine feet by twenty feet to compact size of nine feet by eighteen feet and eight feet six inches by eighteen feet. All of the public spaces available for City Hall are nine feet by twenty feet. Most of the spaces for residents are undersized. As part of the PUD, the City can accept the undersized parking for resident spots. The resident parking spots also include some “tandem” parking spaces that are thirty feet in depth. Drive aisle depths are noted on the plans at 24 feet in width. This is consistent with the City’s requirements for drive aisle depths. The public parking area that will serve City Hall guests will have electronic signage outside the parking area that will notify motorists if parking is available in the garage area. 3. Multi-Family Parking Standard Multi-Family Districts require one parking stall for each bedroom unit, and two parking stalls for each two- bedroom or larger unit. Under this equation, the total required number of resident parking stalls equals 325. The site plan provides 324 resident parking stalls. The zoning ordinance allows for a reduction of up to 30% of the required parking if the site contains bicycle, transit or pedestrian access; or shared parking agreements between uses. Since the proposed site has these features, the required parking at this site could be as low as 227 resident parking stalls. This is significantly less than the proposed parking stall amount of 324 resident parking stalls. The site plan shows a total of 226 compact parking stalls for resident parking. In parking lots with more than 300 spaces, up to 40% of such spaces may be designated and clearly marked as compact. The site plan proposes 69% of the spaces to be designed as compact. The developer has indicated that the proposed arrangement is representative of their similar projects recently completed in the area. Staff is supportive of providing the increased percentage of compact spaces as PUD flexibility. Page 34 4. Municipal Parking Ramp As part of the project, the municipal parking ramp onsite will be demolished. This ramp was primarily intended to be used by the abutting office building. The office building is currently vacant and is scheduled for demolition with this project. While Staff acknowledges the loss of municipal parking spaces, it should be noted that the spaces are largely unused as a result of the vacant office building. The City has taken measures to ensure additional parking stalls at the public library will be added to alleviate the reduction in parking. 5. Loading Area By Code, all non-residential uses under 5,000 square feet do not require a loading area. The retail space (coffee shop) will still need a loading area for the delivery of goods. The applicant shall describe how deliveries will work for the coffee shop. It should be noted that the residential area has a specific loading and unloading area for residents moving in or out. 6. Vehicle Access th The City Hall site will be served by one main entrance from 40 Street NE on the north side. The apartment th complex will have a separate access for residents on 40 Avenue NE and an access on Gould Avenue NE. The Gould Avenue NE access will be for pick/up drop-off of residents and guests, as well as limited parking for future guests. 7. Pedestrian Access and Bicycle Access The residential parking garage will have bicycle storage areas and bicycle maintenance areas. The site will be th accessible by bicycle from Gould Avenue NE and 40 Avenue NE. The site will have excellent access for residents and guests that arrive or depart by bicycle. The proposed pedestrian and bicycle layout is consistent with the goals of the Comprehensive Plan. The Metropolitan Council has also identified this area as a potential north/south bicycle route, but has not identified a specific route or road right-of-way that will be used. Pedestrians can access the commercial areas of the site from Central Avenue NE. The area also has sidewalks th along Gould Avenue NE and 40 Avenue NE. No significant changes are proposed for pedestrian access. The site is consistent with the goals of the comprehensive plan relating to pedestrian and bicycle access. 8. Landscaping The proposed landscaping plan shows a total of 11 trees including a mix of deciduous trees and conifer trees. The tree sizes and diameters meet the City’s requirements for sizes at the time of planting. The remaining area on the site will be covered with grass, shrubs, and perennials. It should be noted that the project site has several existing trees around the parking lot area and parking ramp area. These trees were planted as part of the original site plan in the 1980s. In addition, some of the trees on the site appear to be “weed trees”. Staff has no concerns about the tree removals from the site. 9. Easement Dedication / Vacation The existing site has two separate easements that will need to be vacated as part of this project. One easement runs along Central Avenue / State Highway 65. This easement will be rewritten to accommodate the underground water-main that is proposed to be rebuilt through this area. This is the only new easement that’s proposed as part of this project. The second easement that’s proposed to be vacated is the existing alleyway between the office building and the municipal parking ramp. The new structure will be placed over this alley, thus the easement needs to be vacated to accommodate the project. Page 35 The applicants have provided legal descriptions of the easement vacations. As a condition of approval, the applicants shall provide recordable documents of the easement vacations to be recorded at the County Recorder’s Office. Said legal descriptions are subject to review by the City Attorney. 10. Park Dedication The proposed plat will not include a park dedication. Instead, the applicants will make a financial contribution to satisfy this requirement. This will be included in the development contract. 11. Signage The architectural drawings show that the building will have signage attached to it to identify City Hall, the coffee shop, and the apartment building. Section 9.106 (sign ordinance) does not have specific regulations for the Mixed Use District. In review of the ordinance’s general standards for signs, the signs appear to be compliant. As a condition of approval, the signage on the building shall comply with the standards of Section 9.106 of the Zoning Ordinance. No monument signs or dynamic LED signs are proposed as part of this application. 12. Trash Handling Area The site has a trash handling area located in the underground parking. The plans call for waste handling vehicles to enter the underground parking area to collect waste from the apartment complex and the commercial tenants. 13. Mechanical Screening The applicants have not indicated any mechanical equipment on the roof top of the building. Most mechanical equipment will be on the lower level of the structure (underground parking area). If mechanical screening is to be placed on the roof, it shall comply with the City’s requirements for screening. This will be a condition of approval. 14. Utility Connections The utility plan shows a new water-main that will run along Central Avenue NE to serve the building. The water-main will connect to the existing water-main near the northwest corner of the site and southwest corner of the site. The site plan shows the electrical lines are on the south side of the property. The utility plan does not show how these will be connected to the building; detailed plans will be required once a building permit has been applied for. The telephone line at the site will not be reconnected according to the utility plan. 15. Drainage The utility plan also shows stormwater grates, catch basins, and piping to collect stormwater and direct to water around the building and eventually connect to the City’s system on the northeast corner of the property and the southwest corner of the property. The Public Works Department is reviewing these plans and will provide comment. 16. Fire Department Connection and Fire Hydrants The site does not have any existing fire hydrants onsite. The site plan does not show a fire department connection. As a condition of approval, the applicants shall indicate where the fire department connection is intended to connect to the building. This is subject to further review by the Fire Department. Page 36 17. Building Design and Materials The exterior of the building will consist of glass, brick, cast stone, fiber cement, and metal. These materials are of high architectural quality and will add to the value of the neighborhood. 18. Usable Open Space The site will include a public park on the west side of the property (labeled a “pocket park” on the plans). This will be public space with benches, tables, and plantings. The residential area of the site will include private open spaces including a swimming pool, patio area, outdoor grilling area, a party deck, and a dog run area. In review of the site plan, the applicants are proposing many outdoor amenities for residents and their guests. 19. Floor Area Ratio The applicants are proposing a Floor Area Ratio (FAR) of 2.605. This is a unit of measurement used to measure the amount of square footage in a building compared to the overall site. The Comprehensive Plan recommends a FAR between 1.00 and 3.00 for transit oriented design areas in the City. A floor area ratio of 2.605 is consistent with the Comprehensive Plan Goals. 20. Lighting The applicants have not submitted a light plan or photometric sheet. Any proposed exterior lighting shall be reviewed by City Staff before installation. This will be a condition of approval. 21. Neighborhood Notification Notifications went out to surrounding property owners within 350 feet of the subject site. The notice was also posted in “Life” Newspaper, and posted on the City’s website. The City received one letter stating that the project is a bad match for the neighborhood, and that the area should be improved upon, not made worse. No other correspondence was received for this project. 22. Anoka County Highway Department th The site is abutting County Road 2 on the north side of the site (40 Avenue NE); therefore the project is subject to review by the Anoka County Highway Department. The Anoka County Highway Department was provided a set of site and architectural plans for review. As of the date on this report, the review is pending. As a condition of approval, the applicants shall adhere to any requirements from the Anoka County Highway Department. 23. Minnesota Department of Transportation The site is also abutting State Highway 65 on the west side of the site (Central Avenue NE); therefore the project is subject to review by the Minnesota Department of Transportation. The Minnesota Department of Transportation (MNDot) was provided a set of site and architectural plans for review. A copy of their summary review is attached to this report. As a condition of approval, the applicants shall adhere to any requirements made by the Minnesota Department of Transportation. MIXED USE DEVELOPMENT The purpose of the MXD Mixed Use Development District is to promote efficient use of existing city infrastructure; ensure sensitivity to surrounding neighborhoods; create linkages between compatible areas of the city; provide appropriate transitions between uses; ensure high quality design and architecture; create good pedestrian circulation and safety; promote alternative modes of transportation; and increase the quality of life and community image of Columbia Heights. The intent of this district is to encourage a flexible high-quality design strategy for development and/or redevelopment of specific areas within the community. Page 37 The applicants are proposing to rezone the site to Planned Unit Development (PUD). The site will still use the MXD standards as a guideline; however, the PUD may vary in some of the requirements. PLANNED UNIT DEVELOPMENT In order to accommodate the mixed use development and the high density at this site, the applicants are proposing to rezone the property to a Planned Unit Development (PUD). The PUD will allow flexibility with the City’s strict zoning requirements, while also requiring a high standard of building quality and site design. The PUD ordinance requires the Planning Commission to hold an informal public hearing and a formal hearing at the City Council Meeting. 1. Density / Units-per-Acre. The following table shows the units per acre for this project and the different types of units available for rent. It should be noted that units-per-acre is a different measurement than floor area ratio (discussed earlier in this report). Table Representing Number of Rental Units At 3989 Central Ave NE and Units Per Acre Level 1 Level 4 Townhome 2 Studio 8 Total 2 Alcove 14 1 Bedroom 19 Level 2 2 Bedroom 8 Studio 9 3 Bedroom 3 Alcove 12 4 Bedroom 2 1 Bedroom 18 Total 54 2 Bedroom 5 3 Bedroom 2 Level 5 4 Bedroom 2 Studio 8 Total 48 Alcove 14 1 Bedroom 19 Level 3 2 Bedroom 8 Studio 8 3 Bedroom 3 Alcove 14 4 Bedroom 2 1 Bedroom 19 Total 54 2 Bedroom 8 3 Bedroom 3 Level 6 4 Bedroom 2 Studio 8 Total 54 Alcove 14 1 Bedroom 19 2 Bedroom 8 3 Bedroom 2 4 Bedroom 2 Total 53 Total Number of Rental 265 Units: Subject Site Acreage 2.3 (approx.) Units Per Acre 116 Page 38 116 units per acre would be higher than other projects in the area, but not necessarily out of proportion. The th following table is an analysis of the apartment complex at 965 40 Avenue NE known as Parkview Villas: th 965 40 Ave NE – Units Per Acre Analysis Parkview Villas Units 146 Site Acreage 1.81 Units Per Acre 81 Parkview Villas has a lower density, but is also an age restricted complex on a smaller site. By this comparison, the units per acre with the two sites are consistent with one another. The Mixed Use Development District allows for up to 30 units per acre if certain conditions can be met. Therefore, 66 units can be accommodated on this site. The applicants are proposing to rezone the property to Planned Unit Development to allow for a higher density of the property. Staff feels that up to 30 units per acre is an unusually strict standard for a municipality like Columbia Heights and out of alignment with development patterns in the immediate area. Staff has also completed a bedroom analysis of the site since the apartment complex will offer seven different types of rental units. 3989 Central Avenue NE Bedroom Analysis Level 1 Unit Times number of Total bedrooms Bedrooms Townhome 2 2 4 Total Units: 2 Total Bedrooms: 4 Level 2 Studio 9 1 9 Alcove 12 1 12 1 Bedroom 18 1 18 2 Bedroom 5 2 10 3 Bedroom 2 3 6 4 Bedroom 2 4 8 Total Units: 48 Total Bedrooms: 63 Level 3 Unit Times number of Total bedrooms bedrooms Studio 8 1 8 Alcove 14 1 14 1 Bedroom 19 1 19 2 Bedroom 8 2 16 3 Bedroom 3 3 9 4 Bedroom 2 4 8 Total Units: 54 Total Bedrooms: 74 Level 4 Unit Times number Total of bedrooms Bedrooms Studio 8 1 8 Alcove 14 1 14 1 Bedroom 19 1 19 2 Bedroom 8 2 16 3 Bedroom 3 3 9 4 Bedroom 2 4 8 Total Units: 54 Total 74 Bedrooms: Level 5 Unit Times number Total of bedrooms Bedrooms Studio 8 1 8 Alcove 14 1 14 1 Bedroom 19 1 19 2 Bedroom 8 2 16 3 Bedroom 3 3 9 4 Bedroom 2 4 8 Total Units: 54 Total 74 Bedrooms: Level 6 Unit Times number Total of Bedrooms Bedrooms Studio 8 1 8 Alcove 14 1 14 1 bedroom 19 1 19 2 Bedroom 8 2 16 3 Bedroom 2 3 6 4 Bedroom 2 4 8 Total Units: 53 Total 71 Bedrooms: Total 265 Total Number 360 Number of of Bedrooms: Units: 2. Parking Stalls per Bedroom. The site will have a total of 360 bedrooms. As noted earlier in this report, the site will have 324 parking spaces for residents. This equates to 0.9 parking spaces per bedroom. Staff feels that this is an acceptable amount of parking for the residents as some of the larger units will not need one parking space per bedroom. For example, a three bedroom apartment may include two adults, and two children; thus only two parking spaces are needed. Page 40 3. Neighborhood Meeting. As part of the PUD approval, a neighborhood meeting is required as part of the process. The City hosted the neighborhood meeting on January 22, 2020 at the Public Library in Columbia Heights. Staff heard concerns related to the municipal parking ramp that’s scheduled to be removed as part of this process. Staff noted that the City is planning on adding parking stalls at the library to mitigate some of the lost parking spaces. Staff also noted that public parking is available in other areas of downtown. A concern was also raised about the lack of customer parking at City Hall. Staff noted that the amount of customer parking is proportionate to an average night meeting. Overflow parking is available at the library and other public parking areas around downtown if needed. 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: (a) The proposed Preliminary Plat conforms to the requirements of City Code Section 9.116 \[Subdivision Ordinance\]. Staff Comment: In review of the preliminary plat that was submitted, Staff finds that the preliminary plat generally conforms to the City’s Subdivision Ordinance for a Mixed Use Development and a Planned Unit Development. The applicant is compliant in this regard. (b) The proposed subdivision is consistent with the Comprehensive Plan. Staff Comment: The Comprehensive Plan supports the redevelopment of this site. In addition, the Comprehensive Plan supports a mixed use development. The proposed Subdivision is consistent with the Comprehensive Plan’s goals. (c) The proposed subdivision contains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Staff Comment: Staff has reviewed the proposed subdivision plan and feels that the parcel and land layout are consistent with these principles. Further, the site plan reduces the number of parcels on this site, as well as removing old easements. Final Plat Section 9.104 (M) of the Zoning Ordinance outlines two conditions that must be met in order for the City to grant a Final Plat, they are as follows: (a) The final plat substantially conforms to the approved preliminary plat. Staff Comment: The applicants are seeking approval of a final plat at the same hearing as the preliminary plat. The final plat is consistent with the proposed preliminary plat. It should be noted that the Planned Unit Development rezoning will have a formal hearing at a City Council Meeting. (b) The final plat conforms with the requirements of Section 9.116 \[Subdivision Ordinance\]. Staff Comment: In review of the City’s Subdivision Ordinance, the proposed plat conforms to the City’s requirements. Page 41 Planned Unit Development District Plan The zoning ordinance contains the following four findings that must be satisfied before the City Council can approve the PUD District Plan at a City Council Meeting: (a) The PUD District plan conforms to all applicable requirements of this article \[Section 9.113, PUD District\]. Staff Comment: In review of Section 9.113, Staff finds that the application is consistent with the City’s requirements. (b) The PUD District plan is consistent with the applicable provisions of the comprehensive plan. Staff Comment: The Comprehensive Plan has this area targeted for redevelopment to a mixed use project. The proposed PUD is consistent with the Comprehensive Plan’s goals. (c) The PUD District plan is consistent with any applicable area plan. Staff Comment: The area plan (as noted in the Comprehensive Plan) marks this area and other sites in the area for redevelopment. The PUD is consistent with the area plan. (d) The PUD District plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. Staff Comment: The site will utilize underground parking to prevent on-street parking. Public parking will also be available at the public library, and a municipal ramp in the area. The PUD District Plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. Rezoning to PUD, Planned Unit Development District The zoning ordinance contains the following four findings that must be satisfied before the City Council can approve rezoning to PUD, Planned Unit Development District at a City Council meeting: (a) The amendment is consistent with the Comprehensive Plan. Staff comment: The amendment is consistent with the applicable provisions of the Comprehensive Plan. (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. Staff comment: The amendment is in the public interest and not solely for the benefit of a single property owner. (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 the property within the general area of the property in question are compatible with the proposed zoning classification. Staff comment: The amendment is compatible with existing land uses and zoning classifications in the general area. (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. Staff comment: The amendment reflects changes in development trends in the general area. Page 42 SUMMARY AND RECOMMENDATION The applicants are seeking approval of a preliminary / final plat; easement vacations; and a rezoning to PUD, Planned Unit Development District to construct a new City Hall, retail space, and an apartment building. The project will include the demolition of a vacant office building and a municipal parking ramp to accommodate the project. The applicants are proposing to construct 265 new apartment units that range from efficiency to four bedrooms that will be located above the new City Hall space and additional retail space. The site will utilize underground parking almost exclusively to accommodate users of City Hall, and the residencies above. Staff is recommending approval of the project with the conditions outlined below: Preliminary Plat. Staff recommends that the Planning Commission recommend approval of the Preliminary Plat as presented subject to the conditions listed in the recommended motion: Vacation of Easements. The applicants are proposing to vacate two easements on the property. The easement vacations are necessary in order accommodate the project. The applicants have provided legal descriptions of the easements to be vacated. Staff recommends that the Planning Commission recommend to the City Council approval of the easement vacations with the following conditions: PUD, Planned Unit Development District Plan By Code, the Planning Commission shall hold an informal hearing related to the Planned Unit Development. The Planning Commission shall make a recommendation to the City Council. The City Council will hold the formal hearing for approval of the PUD. Staff recommends approval of the PUD with the following conditions. Rezoning / Ordinance Amendment Attached to this report is a draft ordinance amendment to allow the site to be rezoned to planned unit development. The applicants are seeking the following flexibilities from the zoning ordinance in order to complete this project: 1. Parking. The City Council approves the parking stall dimensions, quantity of compact stalls, and total number of stalls as shown on the plans. 2. Units-per-Acre. The City Council approves the units per acre of up to 116. Staff is recommending that the Planning Commission recommends approval of the ordinance: Questions/comments by members: Hoium asked about the location of the pool. It will be in an open area on the second floor. Novitsky asked if the parking will be behind closed doors. Chirpich indicated that the residents and city hall th employees will access their parking on the east entrance off 40 Avenue using a fob and electronic system. th Access to open parking will be through the west access point off 40 Avenue and will have a gate and ticket system along with doors that close. Sahnow asked if storm water on the roof is collected. Chirpich told him that the drainage is controlled, but not collected. Sahnow then asked if solar panels would be used to provide power to City Hall. Chirpich told him that a solar system is not being considered at this time. The Engineer/design staff are proposing the use of a VRF system for mechanical/heating purposes. This is energy saving equipment that is environmentally friendly. The VRF system captures a huge savings in energy savings at a much lower cost up front. Page 43 th Sahnow said the building design works well along Central Ave and 40 Avenue, but how does it affect properties along Gould and the houses to the east. He questioned whether the building should be set back further from the east property line as it is higher than the existing ramp. Kaiser asked if there is a mechanism in place to prevent the downgrade in the quality of materials. Chirpich said we need to be open to slight modifications such as color variations, but the quality of exterior materials cannot be changed to a lesser quality. He said agreements will be in place to ensure compliance and acceptability. It will be built at an institutional grade with a life expectancy of 60 years. Kaiser then asked about the HVAC units. He wanted to make sure that magic pak units that penetrate the walls of each unit weren’t being planned. He was told that the heating system will be an internal, high efficiency design. Kaiser then asked about the screening/landscaping that will be used around first floor, so that was reviewed. Schill asked if the Ordinance Amendment is something that is a common part of this approval process. Chirpich stated it is really a text amendment which will apply only to this site. It is used in every community and has been around for many years, usually for high end, large developments. Schill wanted to know if something other than a coffee shop goes in, would it have to go through an amendment approval. The answer is yes, so this does limit the options. Kaiser wanted to know if 20,650 sf is enough for the new city hall. The current building is approximately 35,000 sf, but Police and Fire have moved which reduces the square footage needed. Chirpich explained that a space study was done and the size was determined based on that study. He said the goal is to downsize, to be more efficient for energy needs, as well as lowering the maintenance costs of a smaller working space. Hoium asked how the Park dedication fee would be arrived at. Chirpich said that is being negotiated. The pocket park on street level will meet some of that obligation. They are trying to come up with an agreeable value (x 10%) to determine the final fee. Hoium said with the increase in population due to this project, it will result in an increased use of our parks, so fees to maintain them are important. Chris Osmundson from Alatus answered questions that the members had. He further addressed the parking garage and noted that 30 stalls have been allotted for city hall visitors and coffee shop guests. He told members that the VRF mechanical system is a centralized heat pump system using gas instead of water. It will be used for the apartments, city hall and the coffee shop. It is powered by electric and results in a 30- 45% average savings in heating/cooling bills. He said Xcel can buy power from a solar grid which saves on energy costs. Once electric goes to a renewable energy grid it is a zero carbon footprint for 30-40 years. He said Solar panels are too costly to install and would require additional structural enforcement. Osmundson said it would greatly increase the cost of the project that would have to be covered by the City at this point. It is generally a 10 year return on solar panel systems. There was a discussion about where deliveries would be made for city hall, the coffee shop and the residents. Son Bendendahl said there will be lots of activity in the building, but it will all be inside. He addressed the height of the building and that the properties to the east will be shadowed in the afternoon. But he said they are now also, and it shouldn’t be any worse than it is now. He said the balconies on the east side of the building have been eliminated to provide privacy to the houses on that side. Page 44 Mark Harmon, the project Engineer, addressed the storm water issue. He said there is a catch basin along Gould that will need to be re-routed. There will be a drain tile system with large pipes to carry the water. Drainage is difficult as the soil is clay in this area. Public Hearing Opened. Amada Simula asked if the project would include electric car charging stations. Osmundson said there would be charging stations, he just wasn’t sure how many at this time. She then asked if City Hall is currently purchasing power from a renewable energy source-(wind or solar). Buesgens stated she believes the City is still contracted through Solar gardens and will continue with our present agreement. Kevin Hansen has the information and cost savings for this program. Mary Tholkes from 3966 Reservoir Blvd was there as a church member. She wanted to know if the 30 public spaces would be available to church parking. Chirpich said those spaces would not be open to church parking. He went on to say that staff has discussed adding 65 parking spaces on the vacant piece of property behind the Library that will provide additional parking for this building, the theater, the Library, and the church. He noted a car corridor will not be made between the Library and the Theater. There will be a walking path, but not a driveable path. Simula wanted to know who would be using the city hall parking spaces on the weekends. Chirpich said they would be utilized by residents, guests, and patrons of the coffee shop. K.T. Jacobs said she thought that city hall parking would be available to the general public on the weekends. And she went on to say that the additional 65 parking spaces behind the Library has not been formally approved yet, so people should be aware of that. A resident from Parkview asked if the sidewalk along Central would be kept open so that residents will be able to get to the Library during construction. Chirpich said the goal is to keep it open, but there will be times it will be closed, such as when they relocate the watermain under the sidewalk. th Steve Barton from 960 40 Ave lives next to the existing ramp. He said the cement wall is a good sound barrier and it is slated for removal. The Alatus representative will relay the message to try and keep it up as long as possible during demolition of the building and ramp. Barton also asked if fire trucks would be able to access the parking garage in case of a car fire. Chirpich said the plans will be reviewed by the Fire Dept to make sure they are compliant with all the fire codes, and that fire trucks can access the space. Barton then expressed his opinion that he thought a stand alone City Hall building would have been a better decision. What happens in a few years if the developer sells the building. Chirpich explained the reasoning for the decision that was made. Public Hearing Closed. Motion regarding Preliminary Plat: Motion by Hoium, seconded by Novitsky, to waive the reading of draft Resolution No 2020-_____, Preliminary and final Plat Approval, there being ample copies available to the public. All ayes. MOTION PASSED. Page 45 Motion by Hoium , seconded by Novitsky, to recommend that the Planning Commission recommend to the City Council approval of the Preliminary Plat as presented, subject to the following 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 approval. In the event that a Final Plat is not presented for approval within this time period, the Preliminary Plat will become void. 4. The applicant shall enter into a Developer’s Agreement with the City. Said documentation shall be reviewed by the City Attorney. All ayes. MOTION PASSED. Motion regarding Vacation of Easements: Motion by Schill , seconded by Kaiser, to waive the reading of draft Resolutions No 2020-____ and No 2020- ____, Easement Vacations, there being ample copies available to the public. All Ayes. MOTION PASSED. Motion by Schill, seconded by Kaiser, to recommend that the Planning Commission recommend to the City Council approval of the Easement Vacations as presented, subject to the following conditions: 1. The applicant shall be responsible for providing legal descriptions of all easements that are subject to be created. Said descriptions are subject to review by the City Attorney. 2. The applicant shall be responsible for recording the easement vacations with the Anoka County Recorder’s Office. All ayes. MOTION PASSED. Motion regarding PUD, Planned Unit Development District Plan: Sahnow wanted to add a condition to this approval to ensure the City electric use is completely covered by a solar panel system or renewable sustainable energy source. There was some discussion regarding whether this was the proper time to address implementing this condition for energy use at City Hall onto the applicant who would bear the brunt of the additional expense. Sahnow admitted he wasn’t sure where in the application process this should be addressed. Chirpich suggested this be brought to the City Council’s attention as a separate issue as it would require discussion as to whether they want to implement this as policy, and then how to budget for funding. The members agreed to address it later in the meeting as a separate item. Motion by Hoium, seconded by Sahnow, to waive the reading of draft Resolution No. 2020-____, PUD, Planned Unit Development District Plan, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Hoium , seconded by Sahnow, to recommend that the Planning Commission recommend to the City Council approval of the PUD, Planned Unit Development District Plan as presented, subject to the following conditions: Page 46 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. The signage on the building shall comply with the standards of Section 9.106 of the Zoning Ordinance. 3. Any proposed exterior lighting shall be reviewed and approved by City Staff before installation. 4. The applicant shall provide a narrative that describes how deliveries shall work for the coffee shop. 5. All other applicable local, state, and federal requirements shall be met at all times. 6. 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. 7. Developer shall provide financial guarantee in the form of an irrevocable letter of credit for landscaping and public improvements. The guarantee amount is to be determined by the City Engineer. 8. If mechanical screening is to be placed on the roof, it shall comply with the City’s requirements for screening. 9. The applicants shall provide recordable documents of the easement vacations to be recorded at the County Recorder’s Office. 10. The applicants shall indicate where the fire department connection is intended to connect to the building. 11. The applicants shall adhere to any requirements made by the Anoka County Highway Department. 12. The applicants shall adhere to any requirements made by Minnesota Department of Transportation. 13. The City Engineer, Watershed District, and MnDot shall review and approve the site grading and storm water management plans. 14. The developer shall enter into a storm water maintenance and management agreement with the City, to be prepared by the City Attorney. 15. The site utility plans shall be subject to review and final approval by the City Engineer, and Fire Chief. 16. Developer shall pay park dedication fees as outlined in the City Code. 17. Developer will provide record plans or as-built drawings to the City following project completion. All ayes. MOTION PASSED. Motion regarding Rezoning/Ordinance Amendment: Motion by Schill, seconded by Hoium , to waive the reading of draft Ordinance No. 1660, PUD District #2020- 01, Rezoning of Property, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Schill, seconded by Sahnow, to recommend that the Planning Commission recommend to the City Council approval of the Ordinance Amendment. All ayes. MOTION PASSED. THE FOLLOWING RESOLUTIONS WILL GO TO THE CITY COUNCIL AT THE FEBRUARY 10, 2020 MEETING. RESOLUTION NO. 2020-_____ A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Preliminary Plat and Final Plat for Alatus, LLC; and the Columbia Heights Economic Development Authority Whereas, a proposal (Case # 2020.0204) has been submitted by Alatus, LLC to the City Council requesting Preliminary Plat and Final Plat Approval from the City of Columbia Heights at the following site: Page 47 ADDRESSES: 3989 Central Avenue NE Columbia Heights, MN 55421 3889 Central Avenue NE Columbia Heights, MN 55421 961 Gould Avenue NE Columbia Heights, MN 55421 th 950 40 Avenue NE Columbia Heights, MN 55421 LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: Preliminary Plat Approval per Code Section 9.104 (L). Final Plat Approval per Code Section 9.104 (M) Whereas, the Planning and Zoning Commission held a public hearing as required by the City Zoning Code on February 4, 2020; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed Preliminary Plat and Final 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 9.116. (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. Section 9.104 (M) of the Zoning Ordinance outlines conditions that must be met in order for the City to grant a Final Plat. They are as follows: (a) The final plat substantially conforms to the approved preliminary plat. (b) The final plat conforms with the requirements of Section 9.116. Page 48 Further, be it resolved, that the attached plans, maps, and other information shall become part of this Preliminary Plat and Final 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 recorded with Anoka County 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 approval. In the event that a Final Plat is not presented for approval within this time period, the Preliminary Plat will become void. 4. The applicant shall enter into a Developer’s Agreement with the City. Said documentation shall be reviewed by the City Attorney. RESOLUTION NO. 2020- A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving an easement vacation for property located in the City of Columbia Heights, MN, legally described as: The east 15.00 feet of the west 22.00 feet of Lot 27, Block 6, Reservoir Hills, and the east 15.00 feet of the west 22.00 feet of Lot 23, Block 1, Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills, and that part of the vacated alley abutting Block 1, “Walton’s Rearrangement of Lots 33 and 34, Block 6, Reservoir Hills” as dedicated in said plat, which lies between the northerly extension of the east and west lines of Lot 23, said Block 1. Whereas, a proposal (Case # 2020.0204) has been submitted by Alatus, LLC to the City Council requesting an easement vacation at the following sites: ADDRESSES: 3989 Central Avenue NE Columbia Heights, MN 55421 3889 Central Avenue NE Columbia Heights, MN 55421 961 Gould Avenue NE Columbia Heights, MN 55421 th 950 40 Avenue NE Columbia Heights, MN 55421 THE APPLICANT SEEKS THE FOLLOWING: Easement vacation per Code Section 9.104.-(J), of the above legally described easement. Page 49 Whereas, the Planning and Zoning Commission held an informal public hearing as required by the City Zoning Code on February 4, 2020; Whereas, the City Council held a formal public hearing as required by the City Zoning Code on February 10, 2020; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed easement vacation 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 1. No private rights will be injured or endangered as a result of the vacation. 2. The public will not suffer loss or inconvenience as a result of the vacation. Further, be it resolved, that the attached plans, maps, and other information shall become part of this easement vacation; and in granting approval the City and the applicant agree that the easement vacation shall become null and void if the resolution is not recorded with Anoka County within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. The applicant shall be responsible for providing legal descriptions of all easements that are subject to be created. Said descriptions are subject to review by the City Attorney. 2. The applicant shall be responsible for recording the easement vacations with the Anoka County Recorder’s Office. RESOLUTION NO. 2020- A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving an easement vacation for property located in the City of Columbia Heights, MN, legally described as: The east 15.00 feet of the west 27.00 feet of Lots 30, 31, and 32, Block 6, Reservoir Hills, and the east 15.00 feet of the west 27.00 feet of Lots 26, 27, and 28, Block 1, Walton’s Rearrangement of Lots 33, 34, Block 6, Reservoir Hills, according to the recorded plats thereof, Anoka County, Minnesota. Whereas, a proposal (Case # 2020.0204) has been submitted by Alatus, LLC to the City Council requesting an easement vacation at the following sites: Page 50 ADDRESSES: 3989 Central Avenue NE Columbia Heights, MN 55421 3889 Central Avenue NE Columbia Heights, MN 55421 961 Gould Avenue NE Columbia Heights, MN 55421 th 950 40 Avenue NE Columbia Heights, MN 55421 THE APPLICANT SEEKS THE FOLLOWING: Easement vacation per Code Section 9.104.-(J), of the above legally described easement. Whereas, the Planning and Zoning Commission held an informal public hearing as required by the City Zoning Code on February 4, 2020; Whereas, the City Council held a formal public hearing as required by the City Zoning Code on February 10, 2020; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed easement vacation 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 1. No private rights will be injured or endangered as a result of the vacation. 2. The public will not suffer loss or inconvenience as a result of the vacation. Further, be it resolved, that the attached plans, maps, and other information shall become part of this easement vacation; and in granting approval the City and the applicant agree that the easement vacation shall become null and void if the resolution is not recorded with Anoka County within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. The applicant shall be responsible for providing legal descriptions of all easements that are subject to be created. Said descriptions are subject to review by the City Attorney. 2. The applicant shall be responsible for recording the easement vacations with the Anoka County Recorder’s Office. Page 51 RESOLUTION NO. 2020- A Resolution of the City Council for the City of Columbia Heights, Minnesota, approving PUD, Planned Unit Development District Plan for property located in the City of Columbia Heights, MN Whereas, a proposal (Case # 2020.0204) has been submitted by Alatus, LLC to the City Council requesting approval of a PUD, Planned Unit Development District Plan at the following sites: ADDRESSES: 3989 Central Avenue NE Columbia Heights, MN 55421 3889 Central Avenue NE Columbia Heights, MN 55421 961 Gould Avenue NE Columbia Heights, MN 55421 th 950 40 Avenue NE Columbia Heights, MN 55421 LEGAL DESCRIPTION: On file at City Hall. THE APPLICANT SEEKS THE FOLLOWING: PUD, Planned Unit Development District Plan per Code Section 9.113. Whereas, the Planning and Zoning Commission held an informal public hearing as required by the City Zoning Code on February 4, 2020; Whereas, the City Council held a formal public hearing as required by the City Zoning Code on February 24, 2020; Whereas, the City Council has considered the advice and recommendations of the Planning and Zoning Commission regarding the effect of the proposed PUD, Planned Unit Development District 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, 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 1. The PUD District Plan conforms to all applicable requirements of the city code; 2. The PUD District Plan is consistent with the applicable provisions of the comprehensive plan; 3. The PUD District Plan is consistent with any applicable area plan; 4. The PUD District Plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. Page 52 Further, be it resolved, that the attached plans, maps, and other information shall become part of this PUD, Planned Unit Development District Plan; and in granting approval the City and the applicant agree that the PUD, Planned Unit Development District Plan shall become null and void if the resolution is not recorded with Anoka County within one (1) calendar year after the approval date, subject to petition for renewal. CONDITIONS 1. The building and site shall be meet all requirements found in the Fire Code and the Building Code. 2. The signage on the building shall comply with the standards of Section 9.106 of the Zoning Ordinance. 3. Any proposed exterior lighting shall be reviewed and approved by City Staff before installation. 4. The applicant shall provide a narrative that describes how deliveries shall work for the coffee shop. 5. All other applicable local, state, and federal requirements shall be met at all times. 6. 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. 7. Developer shall provide financial guarantee in the form of an irrevocable letter of credit for landscaping and public improvements. The guarantee amount is to be determined by the City Engineer. 8. If mechanical screening is to be placed on the roof, it shall comply with the City’s requirements for screening. 9. The applicants shall provide recordable documents of the easement vacations to be recorded at the County Recorder’s Office. 10. The applicants shall indicate where the fire department connection is intended to connect to the building. 11. The applicants shall adhere to any requirements made by the Anoka County Highway Department. 12. The applicants shall adhere to any requirements made by Minnesota Department of Transportation. 13. The City Engineer, Watershed District, and MnDot shall review and approve the site grading and storm water management plans. 14. The developer shall enter into a storm water maintenance and management agreement with the City, to be prepared by the City Attorney. 15. The site utility plans shall be subject to review and final approval by the City Engineer, and Fire Chief. 16. Developer shall pay park dedication fees as outlined in the City Code. 17. Developer will provide record plans or as-built drawings to the City following project completion. This Ordinance will go before the City Council February 10, 2020 for the First Reading. ORDINANCE 1660 CITY OF COLUMBIA HEIGHTS, MINNESOTA BEING AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF COLUMBIA HEIGHTS AND CITY ORDINANCE RELATING TO ZONING AND DEVELOPMENT PERTAINING TO THE REZONING OF A CERTAIN PROPERTY LOCATED AT 3989 CENTRAL AVENUE NE, 3889 CENTRAL AVENUE NE, TH 950 40 AVENUE NE, AND 961 GOULD AVENUE NE FROM MIXED-USE DEVELOPMENT DISTRICT TO PUD, PLANNED UNIT DEVELOPMENT DISTRICT NUMBER 2020-01 SECTION 1: The “Zoning map” of the Columbia Heights Zoning and Development Ordinance is hereby amended by rezoning or changing the zoning district designation of the following described properties having property addresses of th 3989 Central Avenue NE, 3889 Central Avenue NE, 950 40 Avenue NE, and 961 Gould Avenue NE, Columbia Heights MN, 55421, and legally described below from Mixed-use Development District to PUD, Planned Unit Development District 2020-01: Page 53 Legal description: On file at City Hall Address Property Tax I.D. Nos. 3989 Central Avenue 36-30-24-32-0110 3889 Central Avenue 36-30-24-32-0261 th 950 40 Avenue 36-30-24-32-0262 961 Gould Avenue 36-30-24-32-0078 (the “Property”) SECTION 2: The property is rezoned to PUD, Planned Unit Development District 2020-01 and the allowed uses shall be market-rate apartments, office, and commercial/retail. SECTION 3: Pursuant to Chapter 9, Article I of the Columbia Heights Zoning and Land Development Ordinance, the approval of any development or redevelopment within Planned Unit Development District 2020-01 shall be subject to the requirements set forth in Columbia Heights Code Section 9.113 including, but not limited to, the following performance and design standards and site and building approval: 1. The Property shall be developed or redeveloped in accordance with the final PUD District Plan approved by the City (“Final Plans”), which include site plans, grading, drainage and storm water management plans, utility plans, lighting and photometric plans, landscape plans, floor plans, and building elevations. The Final Plans outline all of the performance standards for development of the Property, including, at a minimum the following design standards for the Property as set forth below: Lot Area 2.3 acres Maximum Number of Residential Units 265 units Maximum Residential Density Allowed 116 units per acre Building Height Not to exceed 6 stories Minimum Number of Parking Stalls 340 Maximum Number of Compact Parking Stalls 230 Maximum Commercial/Retail Area 4500 square feet Maximum Office Area 21,500 square feet 2. Any applicant for an approval of a development plan or building permit within Planned Unit Development District 2020-01 shall submit development plans for City review and approval. The City reserves the right to adjust any performance standards set forth in this ordinance if deemed necessary to improve the site and building design for the purpose of compatibility, public health, or public safety. 3. Any development or redevelopment plans for the Property including, but not limited to the Final Plans, that fail to meet the design and performance standards set forth herein shall require a PUD amendment approved by the City. 4. All conditions of approval set forth in City Council Resolution No. 2020-_______ shall be incorporated herein. SECTION 4: The Planning Commission held a public hearing as required by the City’s Zoning Ordinance on February 4, 2020 and the Commission recommends approval of the proposed rezoning from Mixed-use Development District to PUD, Planned Unit Development District. SECTION 5: WHEREAS, the amendment is consistent with the applicable provisions of the comprehensive plan; Page 54 WHEREAS, the amendment is in the public interest and not solely for the benefit of a single property owner; WHEREAS, the amendment is compatible with existing land uses and zoning classifications in the general area; WHEREAS, the amendment reflects changes in development trends in the general area. SECTION 6: This ordinance shall be in full force and effect from and after 30 days after its passage. Motion by Sahnow, seconded by Kaiser, to have the City Council look at ways to achieve 100% renewable energy to provide power for the new City Hall. All ayes. MOTION PASSED. The next regular meeting will be Tuesday, March 3, 2020. OTHER BUSINESS Motion by Schill, seconded by Hoium, to adjourn the meeting at 9:38 pm. Respectfully submitted, Shelley Hanson Secretary