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HomeMy WebLinkAbout03-01-2022 Planning Commission Packet PLANNING COMMISSION City Hall—Council Chambers, 590 40th Ave NE Tuesday, March 01, 2022 6:00 PM AGENDA ATTENDANCE INFORMATION FOR THE PUBLIC Members of the public who wish to attend may do so in-person, by calling 1-312-626-6799 and entering meeting ID 798 821 7248 and passcode 030122 or by Zoom at https://us02web.zoom.us/j/7988217248?pwd=Q1g1VXpndEFuZDZLMIB6VEdHdHR4Zz09 . For questions please call the Community Development Department at 763-706-3670. CALL TO ORDER/ROLL CALL APPROVE MINUTES 1. APPROVAL OF OCTOBER 5, 2021 PLANNING COMMISSION MEETING MINUTES PUBLIC HEARINGS 2. FINAL PLAT APPROVAL AND EASEMENT VACATION FOR EXISTING LOT LOCATED AT 825 41ST AVENUE NE MOTION: Move to waive the readings of the draft resolutions attached, there being ample copies available to the public. MOTION: Move to recommend that the Planning Commission recommend to the City Council approval of the Final Plat as presented, subject to conditions of approval. MOTION: Move to recommend that the Planning Commission recommend to the City Council approval of the Easement Vacation as presented, subject t o conditions of approval. OTHER BUSINESS 3. RECOGNITION OF ROB FIORENDINO 4. UPCOMING OFFICER ELECTIONS ADJOURNMENT Auxiliary aids or other accommodations for individuals with disabilities are available upon request when the request is made at least 72 hours in advance. Please contact Administration at 763-706-3610 to make arrangements. 1 MINUTES CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION MEETING OCTOBER 5, 2021 The meeting was called to order at 6:00 pm by Chair Fiorendino. CALL TO ORDER/ROLL CALL Commissioners present: Rob Fiorendino, Stan Hoium, Tom Kaiser, Mike Novitsky, Eric Sahnow, Mark Vargas, Clara Wolfe Also present: Aaron Chirpich (online), Community Development Director; Minerva Hark, City Planner; Alicia Howe, Administrative Assistant; Samrina Naqvi (online); Syed Naqvi (online) APPROVAL OF MINUTES 1. Approval of August 4, 2021 Planning Commission Meeting Minutes Motion by Sahnow, seconded by Vargas, to approve the minutes from the meeting of August 4, 2021. All ayes. MOTION PASSED. PUBLIC HEARINGS 2. Minor Subdivision to Split an Existing Lot Located at 4600 7 th Street NE Introduction: Hark explained that property owners Syed and Samrina Naqvi have requested approval of a Minor Subdivision, per City Code §9.104(K), for their property located at 4600 7th Street NE. The subject site is zoned R-2A: One- and Two-Family Residential and is surrounded by properties similarly zoned as R-2A and R-2B (Built as Duplexes). The existing parcel is approximately 21,800 square feet and has a single-family home constructed on site. The applicant intends to subdivide the property to create Parcel A (northern lot) and Parcel B (southern developed lot). Parcel A will be a vacant lot intended for the future construction of a single -family home. Parcel B will retain the existing single-family home with detached garage. Issues and Analysis: Lot Requirements: In consideration of this Minor Subdivision application, a determination shall be made that the newly created lots shall meet the minimum lot area and width requirements of the applicable R-2A zoning district. Within the R-2A District, a minimum lot area of 6,500 square feet is required. As a result of the proposed lot line adjustment, Parcel A will have a lot area of 9,378 square feet, and Parcel B will have a lot area of 10,367 square feet. Both lots meet the minimum lot area requirements of the R-2A zoning district. Section 9.109 (C) of the Zoning Ordinance stipulates that lots within the R-2A Zoning District shall have a minimum width of 60 feet. Parcel A is proposed to have a lot width of 65 feet, and Parcel B is proposed to have a lot width of 71.84 feet. Both proposed lots meet the minimum lot width requirements of the R-2A Zoning District. 2 Item 1. City of Columbia Heights MINUTES October 5, 2021 Planning Commission Meeting Page 2 Existing Conditions: The existing corner-lot residence located at 4600 7th Street NE was originally constructed in 1929, with additions and an updated detached garage constructed in 1958. The proposed minor subdivision of the lot would alter the interior side yard setback of the residential building. The proposed subdivision would create a 12.14-foot side yard separation between the existing structure and the interior side property line. This complies with the 5-foot side yard setback requirement of the R-2A Zoning District. The existing 14.11-foot front yard setback for the residence is considered legal non-conforming and shall not be made more nonconforming with the proposed minor subdivision. Proposed Future Development: According to the applicant, the new lot (Parcel A) is being created so that it can be sold and a new residential single-family home can be developed upon it in the future. No construction plans are being proposed at this time. Recording: As a condition of approval, the applicant is responsible for the filing of the approved minor subdivision with the Anoka County Recorder’s Office. If the minor subdivision is not filed with the Anoka County Recorder’s Office within one year of the date of City Council approval, it will become invalid. Findings of Fact: Section 9.104 (K) of the Zoning Code outlines specific conditions in order for the City Council to approve a Minor Subdivision. They are as follows: (a) The proposed subdivision of land will not result in more than three lots. The proposed subdivision will result in two conforming lots. (b) The proposed subdivision of land does not involve the vacation of existing easements. No vacation of existing easements will occur as a result of the minor subdivision. (c) All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located . Both lots shall conform to the lot width and lot area requirements of the applicable R-2A zoning designation. (d) The proposed subdivision does not require the dedication of public right -of-way for the purpose of gaining access to the property. The proposed subdivision does not require the dedication of public rights -of-way for the purpose of gaining access to the property. (e) The property has not previously been divided through the minor subdivision provisions of this article. The subject property has not previously been subdivided through the minor subdivision process. (f) The proposed subdivision does not hinder the conveyance of land. The proposed subdivision will not hinder the conveyance of land. 3 Item 1. City of Columbia Heights MINUTES October 5, 2021 Planning Commission Meeting Page 3 (g) The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. The proposed subdivision is not expected to hinder the making of assessments or the keeping of records related to assessments. (h) The proposed subdivision meets all of the design standards specified in §9.116. The proposed subdivision meets all design standards outlined in §9.116. Hark described the term Minor Subdivision and reported there was no pushback from the public. Public concerns were that they wanted to make sure that the property would not be zoned for higher density and that any approved action would not affect their lots, which Hark confirmed. Recommendation: Staff review finds that the proposed Minor Subdivision application meets the requirements of the Zoning Ordinance. As a result, Staff recommends that the Planning Commission recommend approval of the proposed Minor Subdivision for the property located at 4600 7th Street NE, subject to certain conditions. Questions/Comments from Members: Fiorendino asked for confirmation that it would not be allowable for the property in question to have a duplex or multifamily home placed on it , and Hark responded that it would not be allowed according to current City code. Public Hearing Opened. Syed Naqvi (via online), property owner of 4600 7th Street NE, said, also on behalf of his wife Samrina, that they have looked forward to their lot’s Minor Subdivision designation. They have five children, have been serving the Community, would abide by all the bylaws and rules and have a good plan for the lot. Public Hearing Closed. Hoium said if the owner has no plans for the two properties, taxes won’t be higher than the one property; but if the taxes are lower for the two properties, would that be a consideration. Hark said it would be something Anoka County would have to consider but a stipulation could be cited in the Commission’s motion. Fiorendino said that, as far as he knows, taxes are not relevant as to whether or not a property can be divided. Hark reported that Chirpich (online) said taxes are not part of the Commission’s analysis. Fiorendino said, according to the site drawing, it appeared there is a shed potentially close to the property line and is not in the drawing after the division. He asked the owner whether it is his intention to remove the shed, and Mr. Naqvi confirmed so. 4 Item 1. City of Columbia Heights MINUTES October 5, 2021 Planning Commission Meeting Page 4 Fiorendino asked for confirmation that it would be not grandfathered in as an allowable condition to move forward. Hark said if the shed that exists is closer than three feet to the property line, then the City would have to ask that it be removed. Sahnow asked for an estimate as to how many similar lots (for Minor Subdivision action) the City anticipates. Hark said, according to the zoning map, there are a few but she has not looked at them in-depth. She added that this property is unique, there are no aligning development issues and is already developed in a manner that allows for a very smooth subdivision without much demolition. Motion by Sahnow, seconded by Kaiser, to waive the reading of the draft resolution, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Sahnow, seconded by Wolfe, to recommend that the Planning Commission recommend to the City Council approval of the Minor Subdivision of the property located at 4600 7th Street NE, subject to condition of approval: The applicant shall be responsible for filing the approved subdivision with the Anoka County Recorder’s Office. The approved minor subdivision shall become invalid if the subdivision is not filed with the Anoka County Recorder’s Office within one year of the date of City Council approval. All ayes. MOTION PASSED. Fiorendino said the Commission’s recommendation would be on the City Council’s October 11, 2021 meeting agenda. OTHER BUSINESS 2022 Planning Application Schedule Hark shared with the Commission their proposed meeting dates for 2022: February 1, March 1, April 5, May 3, June 7, July 6, August 3, September 7, October 4, November 1, December 6 and January 3, 2023. She also reported that no Planning Commission meeting would be held in November as no applications had been received. ADJOURNMENT Fiorendino adjourned the meeting at 6:20 pm. Respectfully submitted, __________________________________________ Alicia Howe, Administrative Assistant 5 Item 1. PLANNING COMMISSION MEETING AGENDA SECTION PUBLIC HEARING MEETING DATE MARCH 1, 2022 ITEM: FINAL PLAT APPROVAL AND EASEMENT VACATION FOR EXISTING LOT LOCATED AT 825 41ST AVENUE NE DEPARTMENT: COMMUNITY DEVELOPMENT BY/DATE: Minerva Hark, City Planner / 2/22/2022 CASE NUMBER: 2022-0301 DATE: March 1, 2022 TO: Columbia Heights Planning Commission APPLICANT: Reuter Walton Development DEVELOPMENT: Reuter Walton Development, 62-unit affordable housing building LOCATION: 825 41st Avenue NE (PID 35-30-24-14-0151) REQUEST: Final Plat Approval and Easement Vacation PREPARED BY: Minerva Hark, City Planner INTRODUCTION Reuter Walton Development has applied for a Final Plat Review with Easement Vacation for the property located at 825 41st Avenue NE. The Final Plat, once approved, would create three separate lots: Lot 1, which currently houses the City’s Public Safety Campus; Lot 2, which is proposed to be developed into a 62-unit, 4- story affordable apartment building; and Lot 3, which is proposed to be developed into a new retail, office, and warehouse space for SACA Food Shelf. In addition to the Final Plat, the applicant is requesting the vacation of an existing storm water drainage utility easement (per Document No. 1554478), which burdens the underlying property to retain storm water on the surface of the existing parking lot. With the vacation of this easement, the applicant proposes to construct a new underground storm water chamber on proposed Lot 2 and record a new easement to store storm water in the underground chamber. This effectively eliminates the need to continue to maintain existing easement 1554478. On May 4, 2021, the Planning Commission reviewed and recommended approval of this Planned Unit Development’s Preliminary Plat and several other Easement Vacations. The applicant is now submitting the Final Plat, which requires approval prior to project construction. ZONING ORDINANCE The Zoning Ordinance requires the Planning Commission to hold a public hearing on the applications for a Final Plat and Easement Vacation, and submit its recommendation to the City Council. The site is zoned as a 6 Item 2. Page 2 Planned Unit Development District (PUD District #2021-01), with flexibilities on parking, building setbacks, and units-per-acre through the approval of Ordinance No. 1666. The newly-platted lots intend to accommodate multi-family housing, retail, office space, and warehouse space. The project site is adjacent to the One- and Two-Family Residential District (R-2A) to the north and west, as well as the Multiple Family Residential District to the east (R-4) and the south (R-3). 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. Through the approval of the Final Plat, two additional developable lots will be created with the intention to developing housing, retail, office, and warehouse space. FINDINGS OF FACT Section 9.104 (M) of the Zoning Code 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. The final plat submitted substantially conforms to the preliminary plat that was approved by the City Council on June 14, 2021 through Resolution No. 2021-44. (b) The final plat conforms to the requirements of Section 9.116 (Subdivision Ordinance). In review of the final plat that was submitted, Staff finds that the final plat generally conforms to the City’s Subdivision Ordinance for a Planned Unit Development. The applicant is compliant in this regard. Additionally, Section 9.104 (J) of the Zoning Code outlines two conditions that must be met in order for the City to grant an Easement Vacation. They are as follows: (a) No private rights will be injured or endangered as a result of the vacation. This is correct. (b) The public will not suffer loss or inconvenience as a result of the vacation. This is correct. The applicant proposes an easement dedication to replace the vacated storm water drainage utility easement, which would help alleviate drainage issues in the area. RECOMMENDATION Staff review finds that the proposed Final Plat and Easement Vacation applications meet the requirements of the Zoning Ordinance. As a result, Staff recommends that the Planning Commission recommend approval of the proposed Final Plat and Easement Vacation for the property located at 825 41st Avenue NE, subject to certain conditions. RECOMMENDED MOTION(S): MOTION: Move to waive the readings of the draft resolutions attached, there being ample copies available to the public. MOTION: Move to recommend that the Planning Commission recommend to the City Council approval of the 7 Item 2. Page 3 Final Plat as presented, subject to the following conditions of approval: 1. An approved 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. 2. The applicant shall be responsible for the cost of filing and recording the Final Plat and related written easements with the Anoka County Recorder’s Office. 3. The Storm Water Drainage Utility Easement per Doc. No. 1554478 must be vacated prior to the recording of the Final Plat with the Anoka County Recorder’s Office. 4. Developer shall pay park dedication fees as outlined in the Development Contract. MOTION: Move to recommend that the Planning Commission recommend to the City Council approval of the Easement Vacation as presented, subject to the following conditions of approval: 1. The applicant shall be responsible for providing legal descriptions of all easements that are subject to be created or amended as a result of the easement vacation. Said descriptions are subject to review by the City Attorney. Once approved, the applicant shall be responsible for recording the newly created or amended easements with the Anoka County Recorder’s Office. 2. The applicant shall be responsible for recording the easement vacations with the Anoka County Recorder’s Office. 3. The vacation of easement is contingent upon the recording of the associated Final Plat with the Anoka County Recorder’s Office. ATTACHMENTS: Draft Resolutions Application Narrative ALTA Survey Final Plat Utility Easement Exhibit 8 Item 2. RESOLUTION NO. 2022-XXX A resolution of the City Council for the City of Columbia Heights, Minnesota, approving a Final Plat for the property located in the City of Columbia Heights, MN; WHEREAS, a proposal (Planning Case # 2022-0301) has been submitted by Reuter Walton Development to the City Council requesting approval of a Final Plat at the following location: ADDRESS: 825 41st Avenue NE (PID 35-30-24-14-0151) LEGAL DESCRIPTION: On file at City Hall THE APPLICANT SEEKS THE FOLLOWING: A Final Plat approval for the property located at 825 41st Avenue NE WHEREAS, the Planning Commission held a public hearing as required by the City Zoning Code on March 1, 2022; and WHEREAS, the City Council has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed Final Plat upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern s related to compatibility of uses, traffic, property values, light, air, danger of fire, and risk to public safety in the surrounding area; and NOW, THEREFORE, BE IT RESOLVED, 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 adopts the following findings: 1. The Final Plat substantially conforms to the approved Preliminary Plat. 2. The Final Plat conforms with the requirements of Section 9.116. FURTHER, BE IT RESOLVED, that the conditions of approval, maps, and other information shall become part of the Final Plat and approval; and in granting the approval of the Final Plat, the City and the applicant agree that the plat shall become null and void if not recorded with the Anoka County Recorder’s Office within one (1) calendar year after the approval date. CONDITIONS OF APPROVAL 1. An approved 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. 2. The applicant shall be responsible for the cost of filing and recording the Final Plat and related written easements with the Anoka County Recorder’s Office. 9 Item 2. 3. The Storm Water Drainage Utility Easement per Doc. No. 1554478 must be vacated prior to the recording of the Final Plat with the Anoka County Recorder’s Office. 4. Developer shall pay park dedication fees as outlined in the Development Contract. ORDER OF COUNCIL Passed this 14th day of March, 2022 Offered by: Seconded by: Roll Call: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 10 Item 2. RESOLUTION NO. 2022-XX 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, Minnesota, legally described as: Storm Water Drainage and Utility Easement per Document No. 1554478A, as graphically depicted in attached ALTA/NSPS Land Title Survey. WHEREAS, a proposal (Planning Case # 2022.0301) has been submitted by Reuter Walton Development to the City Council requesting an easement vacation at the following site: ADDRESS: 825 41st 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 March 1, 2022; WHEREAS, the City Council held a formal public hearing as requ ired by the City Zoning Code on March 14, 2022; 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 t he 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 par t 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 OF APPROVAL 1. The applicant shall be responsible for providing legal descriptions of all easements that are subject to be created or amended as a result of the easement vacation. Said descriptions are subject to review by the City Attorney. Once approved, the applicant shall be responsible for recording the newly created or 11 Item 2. City of Columbia Heights - Council Resolution Page 2 amended easements with the Anoka County Recorder’s Office. 2. The applicant shall be responsible for recording the easement vacations with the Anoka County Recorder’s Office. 3. The vacation of easement is contingent upon the recording of the associated Final Plat with the Anoka County Recorder’s Office. ORDER OF COUNCIL Passed this 14th day of March, 2022 Offered by: Seconded by: Roll Call: Amáda Márquez Simula, Mayor Attest: Sara Ion, City Clerk/Council Secretary 12 Item 2. 13 Item 2. 14 Item 2. 15 Item 2. 16 Item 2. Narrative: Reuter Walton is requesting the vacation of existing storm water drainage utility easement per document number 1554478 and the proposed subdivision of the 5.00 acre City owned Lot 1, Block 1, of the Northwestern 2nd Addition plat to create two developable parcels at the north end of the existing lot. This proposed action will retain the southern 3.31 acres of existing Lot 1 for the City’s existing fire station/public service facility. Reuter Walton is proposing to develop a 62-unit, 4-story apartment building on the new 1.31 acre (Lot 2) in the northwest portion of the proposed replat area. The remaining 0.38 acre (Lot 3) parcel in the northeast portion of the proposed replat area will remain undeveloped with this application, but will be zoned to support future development of a food shelf, or other similar land use. Existing easement 1554478 encumbers the underlying property to retain storm water on the surface of the existing parking lot. The proposed Reuter Walton application will construct a new underground storm water chamber on proposed Lot 2 and record a new easement to store storm water in the underground chamber that effectively eliminates the need to continue to maintain existing easement 1554478. 17 Item 2. 18 Item 2. ENGINEERING ARCHITECTURE LAND SURVEYING ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE 19 Item 2. Anderson Engineering of Minnesota, LLC 13605 1st Avenue North,Suite 100 Plymouth, MN 55441 763-412-4000 (o) 763-412-4090 (f) www.ae-mn.com ENGINEERING ARCHITECTURE LAND SURVEYING ENVIRONMENTAL SERVICES LANDSCAPE ARCHITECTURE N 20 Item 2.