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HomeMy WebLinkAbout02-06-2024 Planning Commission Packet PLANNING COMMISSION City Hall—Council Chambers, 3989 Central Ave NE Tuesday, February 06, 2024 6:00 PM AMENDED AGENDA AGENDA AMENDED ON 2/6/2024 TO REFLECT: CORRECTIONS IN OCTOBER 24, 2023 MEETING MINUTES CORRECTIONS TO THE RECOMMENDATION AND MOTION IN ITEM #6 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 810 9064 1596 or by Zoom at https://us02web.zoom.us/j/81090641596. For questions please call the Community Development Department at 763-706-3670. CALL TO ORDER/ROLL CALL 1. Election of Planning Commission Officers MOTION: Move to elect ______________ as Chair of the Planning Commission. MOTION: Move to elect ______________ as Vice Chair of the Planning Commission. MOTION: Move to elect ______________ as Secretary/Treasurer of the Planning Commission. APPROVE MINUTES 2. Approve October 24, 2023 Planning Commission Meeting Minutes. MOTION: Move to approve the Planning Commission Meeting Minutes of October 24, 2023 as amended. PUBLIC HEARINGS 3. Vacation of Existing Utility Easement and Proposed Ordinance Vacating Roadway Easements Serving 1650 40th Avenue NE and 3987 Johnson Street NE MOTION: Move to waive the reading of draft Resolution No. 2024 -011, there being ample copies available to the public. MOTION: Move to recommend that the City Council approve Resolution No. 2024-011, vacating the sanitary sewer easement at 1650 40th Avenue NE as presented. MOTION: Move to waive the reading of draft Ordinance No. 1691, there being ample copies available to the public. MOTION: Move to recommend that the City Council approve draft Ordinance No. 1691, vacating the roadway easements at 1650 40th Avenue NE and 3987 Johnson Street NE as presented. 1 City of Columbia Heights AGENDA February 06, 2024 Planning Commission Page 2 4. Proposed Utility and Roadway Easements Serving 1650 40th Avenue NE and 3987 Johnson Street NE MOTION: Move to waive the reading of Draft Ordinance No. 1692, there being ample copies available to the public. MOTION: Move to recommend that the City Council approve Draft Ordinance No. 1692, establishing a new proposed roadway easement at 1650 40th Avenue NE and 3987 Johnson Street NE as presented. 5. Variance for Attached Garage in Residential Front Yard within Front Yard Setback Encroachments MOTION: Move to waive the reading of draft Resolution No. 2024 -012, there being ample copies available to the public. MOTION: Move to recommend that the City Council approve Resolution No. 2024-012, a Variance allowing a five foot, five inch, encroachment into the front yard setback of 1650 40th Avenue NE. 6. Review and Authorization of an Amendment to the 2040 Comprehensive Plan MOTION: Move to waive the reading of draft Resolution No. 2024 -013, there being ample copies available to the public. MOTION: Move to recommend that the City Council approve draft Resolution No. 2024- 013, authorizing the proposed amendment of the 2040 Comprehensive Plan per the staff report and recommending the City proceed with sending the amendment to the Metropolitan Council. OTHER BUSINESS 7. Review Purchase of 675 37th Avenue NE MOTION: Move to waive the reading of Resolution 2024-PZ01, there being ample copies available to the public. MOTION: Move to adopt Resolution 2024-PZ01, a resolution finding that the acquisition of certain land for redevelopment purposes by the City of Columbia Heights is consistent with the City of Columbia Heights’ Comprehensive Plan. 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. 2 PLANNING COMMISSION MEETING AGENDA SECTION CALL TO ORDER/ROLL CALL MEETING DATE FEBRUARY 6, 2024 ITEM: Election of Planning Commission Officers DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, 2/1/24 BACKGROUND: Officer Elections are held on an annual basis. In order for a member to be considered for an officer position, they must be nominated by another Planning Commission member or nominate themselves. The election process will go as follows: 1. A Chairperson will be elected. a. Commission members provide all nominations for Chairperson of the Planning Commission. b. A vote is taken and counted individually for each nominated member. c. The member with the most votes is declared the Chairperson of the Planning Commission by the Staff Liaison. 2. A Vice Chairperson will be elected. a. Commission members provide all nominations for Vice Chairperson of the Planning Commission. b. A vote is taken and counted individually for each nominated member. c. The member with the most votes is declared the Vice Chairperson of the Planning Commission by the Chairperson. 3. A Secretary/Treasurer will be elected. a. Commission members provide all nominations for Secretary/Treasurer of the Planning Commission. b. A vote is taken and counted individually for each nominated member. c. The member with the most votes is declared the Secretary/Treasurer of the Planning Commission by the Chairperson. RECOMMENDED MOTION(S): MOTION: Move to elect ______________ as Chair of the Planning Commission. MOTION: Move to elect ______________ as Vice Chair of the Planning Commission. MOTION: Move to elect ______________ as Secretary/Treasurer of the Planning Commission. 3 Item 1. PLANNING COMMISSION City Hall—Council Chambers, 3989 Central Ave NE Tuesday, October 24, 2023 6:00 PM MINUTES The meeting was called to order at 6:01 pm by Chair Sahnow. CALL TO ORDER/ROLL CALL Commissioners present: Eric Sahnow, Tom Kaiser, Laurel Deneen, Clara Wolfe, and John Gianoulis Absent: Mike Novisky, Mark Vargas, Stan Hoium Also present: Aaron Chirpich, Community Development Director; Andrew Boucher, City Planner; Ben Sandell, Communications Coordinator; Connie Buesgens, Council Liaison. APPROVE MINUTES 1. Approve July 5, 2023 Planning Commission Meeting Minutes. Motion by Deneen, seconded by Kaiser, to approve the minutes from the meeting of July 5, 2023. All Ayes. MOTION PASSED. Approve October 3, 2023 Planning Commission Meeting Minutes. Motion by Deneen, seconded by Gianoulis, to approve the minutes from the meeting of October 3, 2023. All Ayes. MOTION PASSED. PUBLIC HEARINGS 2. Zoning Ordinance Amendment to Allow Limited Retail Sales in the Light Industrial (I-1) and General Industrial (I-2) Districts Introduction: Boucher stated Timothy M. LaCroix of LaCroix Law, PLLC representing Southern Anoka Community Assistance, Inc. has made an application for a zoning text amendment and is proposing limited retail sales as permitted uses in the Light (I-1) and General Industrial (I-2) Zoning districts. It is subject to required findings for zoning amendments per 9.104(F). Boucher noted that Timothy M. LaCroix of LaCroix Law, PLLC representing Southern Anoka Community Assistance, Inc. (SACA), has requested approval of a Zoning Ordinance Amendment to accommodate the establishment of retail sales in the Light Industrial (I -1) and General Industrial (I-2) Districts. The applicant currently operates a food shelf (warehousing/distribution) upon a 6,825 square foot site located at 627 38th Avenue NE (at the intersection of 38th Avenue NE and Jefferson Street NE) and intends to relocate to a new site at 3905 California Street NE (west of Main Street NE and north of 39th Avenue NE), both of which are zoned for Light Industrial (I-1). 4 Item 2. City of Columbia Heights MINUTES October 24, 2023 Planning Commission Page 2 Boucher stated retail sales have been limited, in the Industrial Districts, to motor vehicle part stores, pawnshops, and retail services where appointments are required (tattoos, body piercing, automobile repair). SACA previously operated a thrift store/retail component which was not a permitted use and has been discontinued. The applicant plans to relocate and repurpose an existing 24,500 square foot industrial building located on t he site (previously occupied by “Lamott Properties LLC”) into a food shelf and thrift store. The proposed retail sales would be limited to products manufactured, processed, or delivered in bulk and repackaged for sale on the site, so long as the sales area does not exceed 20% of the gross floor area of the principal building and shall adhere to the performance standards set forth in Section 9.106. Boucher added that the subject site (3905 California Street NE) is bordered on the north and west by industrial uses, Lomanki Park on the south, and on the east by single family dwellings. The other subject site (627 38th Avenue NE) has industrial property to the north, park and open space to the east, and the remainder of the property is surrounded by residential. Boucher stated both sites are zoned I-1, Light Industrial which currently does not make an allowance for general retail sales; as a result, the approval of a Zoning Ordinance Amendment to allow “limited retail sales” in the I-1 and I-2 Districts (as a permitted use) is required for the operation of the thrift store component. To be noted is that the requested Zoning Ordinance change would apply to all properties located within I -1, Light Industrial and I2, General Industrial Zoning Districts. Boucher mentioned minor exterior modifications to the existing site and building entrance are proposed with the building entrance reconfigured for accessibility purposes from California Street to the northern end of the property through the parking lot. New signage should also be anticipated as part of the site redevelopment. Boucher reviewed the required findings as follows: (a) The amendment is consistent with the comprehensive plan. With general development standards imposed to endure compatibility, the amendment will be in harmony with the purpose of the Comprehensive Plan. a. Saca’s existing and future facilities are identified, the properties are zoned for Light (I-1) and General Industrial (I-2). (b) The amendment is in the public interest and is not solely for the benefit of a single property owner. The addition of limited retail sales as a use is applicable to multiple industrially zoned properties and is not solely for the benefit of a single proper ty owner. a. The Industrial Districts include businesses such as Zuccaro’s Product (retail) Minneapolis Mark (manufacturing/retail service component), Ruff Love Dogs (kennel), Total Export Inc. (professional services), Columbia Heights Recycling (City service). 5 Item 2. City of Columbia Heights MINUTES October 24, 2023 Planning Commission Page 3 (c) Where the amendment is to change the zoning classification of a particular property, the existing use of the property and the zoning classification of property within the general area of the property in question are compatible with the proposed zoning classification. Retail services and sales are currently allowed in the Light and General Industrial Districts by way of pawnshops, motor vehicles parts stores, and brewer taprooms all of which are more intense uses generating more business activity and traffic than the proposed addition of limited retail sales. Additionally, the retail uses allowed in these districts are typically complimentary of the other uses allowed. (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. The amendment is not to change the zoning classification of a particular property, but to accommodate a use that is already allowed in different forms but for the same purpose of providing Boucher explained that the applicant is not proposing a zoning re -classification but an expansion to the uses allowed in the Industrial Districts and reflecting the uses that allow for retail sales or services in greater intensities than what is purposed. Boucher explained to accommodate the proposed use, the applicant has requested the processing of a Zoning Ordinance amendment which would allow “limited retail sales” as a permitted use in the I-1, Limited Industrial District, and I-2, General Industrial District. Boucher stated to be noted is that “retail sales” are presently allowed in all the City’s Commercial zoning districts as permitted uses in the General Business (GB) and Central Business District. “Limited retail sales” are also allowed in the Limited Business as a conditional use (but does not have specific development standards besides limiting the retail area square footage to 2,500 sq. ft.). Boucher stated it is the opinion of Staff that limited retail sales can compatibly exist within I-1 and I-2 Districts provided various precautions are taken to address potential adverse impacts. While the Zoning Ordinance presently includes performance standards, Staff recommends that such standards be expanded to address potential adverse impacts to the residential uses in a more comprehensive manner. In this regard, the following Zoning Ordinance modifications are recommended by Staff: 1. A new definition defining “limited retail sales” and to provide clarity regarding the scope and intensity of retail sales which read as follows (new/additional conditions recommended by Staff are in bold): RETAIL SALES, LIMITED (LIMITED RETAIL SALES). Retail sales of products manufactured, process, or delivered in bulk and repackaged for sale on the site, provided that the sales area does not exceed 20% of the gross floor area of the 6 Item 2. City of Columbia Heights MINUTES October 24, 2023 Planning Commission Page 4 principal building and must adhere to the performance standards set forth in section 9.106. 2. A new use, Retail Sales, Limited added to the list of Permitted uses described in Section 9.111(D) I-1, Light Industrial District (2) and (E) I-2, General Industrial District (2): (z) RETAIL SALES, LIMITED Recommendation: Approval of the Zoning Ordinance Amendment which makes an allowance for limited retail sales as defined as a permitted use in the City’s I-1, Light Industrial District, and I-2, General Industrial District. Questions/Comments from Members: Sahnow asked how the 20% the gross floor area of the building was determined. He also asked how rezoning compared to other neighboring cities on how they zone. Boucher replied that Staff have not looked to see what other cities are doing and instead looked at what retail uses were allowed and what densities they were allowed. Chirpich added that Staff looked at the City of New Hope and found that they applied a 20% threshold in their industrial district. Deneen asked ?? *Mic off Chirpich replied that there have been complaints on lack of parking on the site. The site will expand the parking considerably and do not plan to expand the thrift store operation. He added that it will work in a parking demand perspective. Boucher stated that the gross floor area is some of the gross horizontal areas of several floors measured to the outside of the exterior walls. The building footprint is how the gross floor area is determined. Boucher explained that the Planning Commission was not approving a development request but that it was a zoning text amendment. The applicant would still need to apply for building permits. Applicant Timothy LaCroix introduced Dave Rudolph. Mr. Rudolph stated most of the people coming to the thrift store are coming to the food shelf. Public Hearing Opened. Larene St. Gabriel-Dargay, City resident, stated surrounding neighbors do not use SACA. Many neighbors have expressed concerns to her about not wanting SACA moving into their neighborhood. She added that neighbors do not understand why SACA needs to move locations if it is working in the current location. She asked why the location needs to be 7 Item 2. City of Columbia Heights MINUTES October 24, 2023 Planning Commission Page 5 moved. She added that many neighbors believe that more crime is going to move into the area. Mr. LaCroix explained that the primary reason for moving is due to the increased need in the community. There is also an increased need for parking and space. He noted that the majority of people who use SACA services are working people who need supplemental help to make ends meet. There has not been a history of increased crime due to SACA . SACA is already planning on moving and that the zoning fits the current location. Boucher explained that Staff had a development review committee which included public works, community development, the fire department and the police department. Captain Markham reviewed the crime issues that are already present and believes there is more crime due to it not being a busy area and there is more cover for crime. Increasing activity in the area could actually lower the potential of crime. Chirpich added that they discussed ways they could activate the nearby park. Ms. St. Gabriel-Dargay expressed her concerns that neighbors were not being heard and that surrounding neighbors have voiced their concerns about crime. Polly Philblad, City resident, stated that SACA has influenced her life and she had an opportunity to volunteer there. She explained she also used the services at SACA and they helped her during a difficult time in life. Public Hearing Closed. Motion by Wolfe, seconded by Deneen, to waive the reading of the draft Ordinance amendment No. 1690, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Deneen, seconded by Wolfe, to recommend that the City Council approve draft Zoning Ordinance Amendment No. 1690 as presented. All ayes. MOTION PASSED. DRAFT ORDINANCE NO. 1690 AN ORDINANCE AMENDING CHAPTER 9.111 OF THE CITY CODE OF 2005 TO ESTABLISH LIMITED RETAIL SALES AS A PERMITTED USE IN THE CITY’S I-1, LIGHT INDUSTRIAL ZONING DISTRICT, AND I-2, GENERAL INDUSTRIAL ZONING DISTRICT The City of Columbia Heights does ordain: Section 1 8 Item 2. City of Columbia Heights MINUTES October 24, 2023 Planning Commission Page 6 The definition of the term “Retail Sales, Limited,” as provided in Section 9.103 of the City Code of 2005, is hereby established to read as follows: RETAIL SALES, LIMITED (LIMITED RETAIL SALES). Retail sales of products manufactured, process, or delivered in bulk and repackaged for sale on the site, provided that the sales area does not exceed 20% of the gross floor area of the principal building and must adhere to the performance standards set forth in section 9.106. Section 2 9.111 (D)(3) of the City Code of 2005 (I-1 District Permitted Uses) is hereby amended to read as follows, to wit: (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I1, Light Industrial District: a) Community center. b) Government office. c) Government maintenance facility. d) Government protective service facility. e) Public park and/or playground. f) Recreational facility, indoor. g) Recreational facility, outdoor. h) Automobile and motorcycle repair, major. i) Automobile and motorcycle repair, minor. j) Laboratory, medical. k) Office l) Studio, radio or television. m) Assembly, manufacturing and/or processing. n) Freight terminal. o) Maintenance facility. p) Office/showroom. q) Office/warehouse. r) Printing and/or publishing. s) Self-service storage facility. t) Warehousing and/or distribution. u) Pawnshops. v) Tattoo shops. w) Body piercing shops. x) Motor vehicle parts store. y) Brewer taproom. z) Retail sales, limited Section 3 9 Item 2. City of Columbia Heights MINUTES October 24, 2023 Planning Commission Page 7 9.111 (E)(3) of the City Code of 2005 (I-2 District Permitted Uses) is hereby amended to read as follows, to wit: (2) Permitted uses. Except as specifically limited herein, the following uses are permitted within the I2, General Industrial District: a) Community center. b) Government office. c) Government maintenance facility. d) Government protective service facility. e) Public park and/or playground. f) Recreational facility, indoor. g) Recreational facility, outdoor. h) Automobile and motorcycle repair, major. i) Automobile and motorcycle repair, minor. j) Laboratory, medical. k) Office l) Studio, radio or television. m) Assembly, manufacturing and/or processing. n) Freight terminal. o) Maintenance facility. p) Office/showroom. q) Office/warehouse. r) Printing and/or publishing. s) Self-service storage facility. t) Warehousing and/or distribution. u) Pawnshops. v) Tattoo shops. w) Body piercing shops. x) Motor vehicle parts store. y) Brewer taproom. z) Retail sales, limited Section 4 This Ordinance shall be in full force and effect from and after 30 days after its passage. (insert signature box) OTHER BUSINESS 3. Review Purchase of 3851 Central Avenue NE. Chirpich stated it is required that when the EDA acquires property, to address the acquisitions with the Planning Commission to ensure compliance with the Comprehensive Plan. The property is located in the Central Business District. The goal is to provide 10 Item 2. City of Columbia Heights MINUTES October 24, 2023 Planning Commission Page 8 mechanisms for successful redevelopment of vacant lands and targeted areas within the community. This is done through enhancing the image and visibility of the Central Avenue corridor which protecting and enhancing adjacent residential areas. It will encourage infill development that demonstrates compatibility with existing neighborhood characteristics in terms of quality, design, building height, placement, scale and architectural quality. The EDA’s intent is demolition for redevelopment. There are no immediate plans for the corner but it will likely be a larger land assembly over a period of years to acquire additional adjacent properties. It is currently zoned commercial. Questions/Comments from Members: Sahnow asked if the fire department would be burning down the building. Chirpich replied that the fire department would be using the buildings for training. Kaiser asked if the previous uses of the buildings were out of use since the EDA has already completed the purchases. Chirpich replied that the homes are vacant. Motion by Kaiser, seconded by Deneen, to waive the reading of the Resolution 2023-PTZ06, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Wolfe, seconded by Gianoulis, to adopt Resolution 2023-PZ06, a resolution finding that the acquisition of certain land for redevelopment purposes by the Columbia Heights Economic Development Authority is consistent with the City of Columbia Heights’ Comprehensive Plan. All ayes. MOTION PASSED. RESOLUTION NO. 2023-PZ06 A RESOLUTION FINDING THAT THE ACQUISITION OF CERTAIN LAND FOR REDEVELOPMENT PURPOSES BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY IS CONSISTENT WITH THE CITY OF COLUMBIA HEIGHTS’ COMPREHENSIVE PLAN. WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”) proposes to purchase certain property (the “Property”) located at 3851 Central Avenue NE, (PID 36-30-24-33-0011) in the City of Columbia Heights (the “City”) and described on the attached Exhibit A, for the purposes of eventual redevelopment; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City’s Planning Commission to review the proposed acquisition or disposal of publicly-owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and NOW, THEREFORE BE IT RESOLVED, the Planning Commission has reviewed the proposed acquisition of the Property, and has determined that the Authority’s purpose is to redevelop the Property, and that the proposed acquisition is therefore consistent with the City’s comprehensive plan. BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the Authority. ORDER OF THE PLANNING COMMISSION 11 Item 2. City of Columbia Heights MINUTES October 24, 2023 Planning Commission Page 9 (insert signature box) 4. Review Purchase of 3853 Central Avenue NE. Chirpich explained that the same presentation for item 3 applies for item 4. Motion by Deneen, seconded by Kaiser, to waive the reading of the Resolution 2023-PZ05, there being ample copies available to the public. All ayes. MOTION PASSED. Motion by Gianoulis, seconded by Wolfe, to adopt Resolution 2023-PZ05, a resolution finding that the acquisition of certain land for redevelopment purposes by the Columbia Heights Economic Development Authority is consistent with the City of Columbia Heights’ Comprehensive Plan. All ayes. MOTION PASSED. RESOLUTION NO. 2023-PZ05 A RESOLUTION FINDING THAT THE ACQUISITION OF CERTAIN LAND FOR REDEVELOPMENT PURPOSES BY THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY IS CONSISTENT WITH THE CITY OF COLUMBIA HEIGHTS’ COMPREHENSIVE PLAN. WHEREAS, the Columbia Heights Economic Development Authority (the “Authority”) proposes to purchase certain property (the “Property”) located at 3853 Central Avenue NE, (PID 36-30-24-33-0159) in the City of Columbia Heights (the “City”) and described on the attached Exhibit A, for the purposes of eventual redevelopment; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City’s Planning Commission to review the proposed acquisition or disposal of publicly-owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and NOW, THEREFORE BE IT RESOLVED, the Planning Commission has reviewed the proposed acquisition of the Property, and has determined that the Authority’s purpose is to redevelop the Property, and that the proposed acquisition is therefore consistent with the City’s comprehensive plan. BE IT FURTHER RESOLVED that this resolution be communicated to the Board of Commissioners of the Authority. ORDER OF THE PLANNING COMMISSION (insert signature box) ADJOURNMENT Motion by Wolfe, seconded by Kaiser to adjourn the meeting at 6:40 pm. All ayes. MOTION PASSED. Respectfully submitted, __________________________________________ Alicia Howe, Administrative Assistant 12 Item 2. City of Columbia Heights MINUTES October 24, 2023 Planning Commission Page 10 13 Item 2. PLANNING COMMISSION AGENDA SECTION PUBLIC HEARINGS MEETING DATE FEBRUARY 6, 2024 ITEM: Vacation of Existing Utility Easement and Proposed Ordinance Vacating Roadway Easements Serving 1650 40th Avenue NE and 3987 Johnson Street NE DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, 2/6/24 CASE NUMBER: 2024-PZ01 APPLICANT: City of Columbia Heights DEVELOPMENT: Vacation of easements serving 1650 40th Avenue NE and 3987 Johnson Street NE LOCATION: 1650 40th Avenue NE and 3987 Johnson Street NE REQUEST: Easement Vacation PREPARED BY: Andrew Boucher, City Planner INTRODUCTION: At the beginning of 2023, the property owner of 1650 40th Avenue NE approached staff regarding the replacement of an existing attached garage with a larger garage which would abut or encroach upon an area of the site which lies within an existing utility easement. The property owner informally requested an easement/partial easement vacation in April 2023, but the City required additional review. Upon further review, staff determined that the City would be the applicant and responsible for hiring a firm to conduct the survey work. Some of the existing easements were found to include an undeveloped alley and a roadway easement that is misaligned with the road that was constructed and new easements. A contract for surveying services was executed with Pioneer Engineering to conduct a survey, prepare an exi sting (Exhibit A) and proposed conditions (Exhibits B and C), and provide descriptions for the proposed vacation as well as the new easements. Attached are the legal descriptions of these easements to be vacated and the descriptions of the new easements to be recorded per Exhibits A and B. Once approved, the City is responsible for filing the vacations and recording the new easements with Anoka County. ZONING ORDINANCE The Zoning Ordinance requires the Planning Commission to hold a public hearing on the application for the vacation of a street, alley, or other public right-of-way and submit its recommendation to the City Council. The subject properties are zoned residential, 1650 40th Avenue NE is R-2A (One/Two Family Residential) and 3987 Johnson Street NE is R-2B (Built-as-Duplex). The surrounding area is zoned residential, with Parks and Open Space to the west of the subject properties. COMPREHENSIVE PLAN The City’s 2040 Comprehensive Plan guides the subject sites as “Low Density Residential” as well as the surrounding area with “Park” space to the west and “Institutional” guiding to the north. 14 Item 3. Page 2 Staff Review Staff has coordinated with the City Engineer whom has been provided copies of the application materials and had no concerns with the easement vacation and proposed easements. FINDINGS OF FACT Section 9.104 (J) of the Zoning Ordinance outlines certain findings of fact that must be met in order for the City to grant approval for an easement vacation. The findings are as follows: The City Council shall make each of the following findings before vacating a street, alley, or other public right - of-way: 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. RECOMMENDATION Staff recommends that the Planning Commission recommend the following to the City Council: Motion: Move to waive the reading of Resolution No. 2024-011, there being ample copies available to the public. Motion: Move to recommend that the City Council approve Resolution No. 2024-011, vacating the sanitary sewer easement at 1650 40th Avenue NE subject to the following conditions: 1. The City 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 City shall be responsible for filing the easements vacations and proposed easements with the Anoka County Recorder’s Office. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of draft Resolution No. 2024-011, there being ample copies available to the public. MOTION: Move to recommend that the City Council approve Resolution No. 2024-011, vacating the sanitary sewer easement at 1650 40th Avenue NE as presented. RECOMMENDATION Staff recommends that the Planning Commission recommend the following to the City Council: 15 Item 3. Page 3 Motion: Move to waive the reading of Draft Ordinance No. 1691, there being ample copies available to the public. Motion: Move to recommend that the City Council approve Draft Ordinance No. 1691, vacating the roadway easements at 1650 40th Avenue NE and 3987 Johnson Street NE subject to the following conditions: 1. The City 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 City shall be responsible for filing the easements vacations and proposed easements with the Anoka County Recorder’s Office. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Draft Ordinance No. 1691, there being ample copies available to the public. MOTION: Move to recommend that the City Council approve Draft Ordinance No. 1691, vacating the roadway easements at 1650 40th Avenue NE and 3987 Johnson Street NE as presented. ATTACHMENT(S): Draft Resolution No. 2024-011 Draft Ordinance No. 1691 Applicant Narrative Application Site Location Map Letter to Neighbors Public Hearing Notice Easement Vacation Legal Descriptions Proposed Easement Legal Descriptions Exhibit A (Existing Conditions) Exhibit B (Proposed Easement and Road Vacation) Exhibit C (Proposed Road Easement) 16 Item 3. 17 Item 3. 18 Item 3. 19 Item 3. 20 Item 3. 21 Item 3. 22 Item 3. 23 Item 3. 24 Item 3. 25 Item 3. 26 Item 3. 27 Item 3. 28 Item 3. ³ An oka County Parcel Viewer Owner Information: Disclaimer: Map and parcel data are believ ed to be acc urate, b ut accura cy is not gu aran teed. This is not a legal docume nt and sho uld not besubstituted for a title searc h, apprais al, survey, or for zoning verification. Date: 1/11/20241:600Anoka County GIS TH OMPSON , KA REN 1650 40TH AVE NE COLUMBIA HEIGH TS MN 55421 Parce l Information: 36-3 0-24-4 2-0103 1650 40TH AVE NE MN COLUMBIA HEIGHTS 55421 MANDY MEISNER 0.21Approx. Acres: WALTONS 1ST SUBDIVISION OF RESERVOIR HILLS Commissioner: Plat: 29 Item 3. CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Columbia Heights will conduct a public hearing in the City Council Chambers at 3989 Central Avenue Northeast on Tuesday, February 6th, 2024, at 6:00 p.m. The order of business is as follows: A request for Easement Vacation was submitted by the City related to easements serving the properties, 1650 40th Avenue NE (PID: 36-30-24-42-0103) and 3987 Johnson Street NE (36-30-24-42-0085). The City intends to vacate easements serving 1650 40th Avenue NE: the sanitary sewer easement (doc. No. 177165), roadway easements (doc. No. 217982 and 727283), and the alley described per Waltons 1st Subdivision of Reservoir Hills. Additionally, the City intends to vacate the roadway easements serving 3987 Johnson Street NE per doc. No. 727279, 727278, and 732576. The City is vacating these easements and proposing new easements to serve the subject properties that accurately reflect the current roadway configuration. Per Code Section 9.104 (J) of the Zoning Ordinance the Planning Commission is required to hold a public hearing on the Vacation application, and submit findings to the City Council. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, contact Andrew Boucher, City Planner, at (763) 706-3673. If you cannot attend the meeting, but would like to provide input, you can submit correspondence via email to aboucher@columbiaheightsmn.gov or by mail at: City of Columbia Heights 3989 Central Avenue NE Columbia Heights, MN 55421 30 Item 3. City of Columbia Heights | Community Development Department 3989 Central Avenue NE, Columbia Heights, MN 55421 ▪ Ph: 763-706-3670 ▪ Fax: 763-706-3671 ▪ www.columbiaheightsmn.gov NOTICE OF PUBLIC HEARING Date of Hearing: Tuesday, February 6, 2024 Subject: Public Hearing Notice – Easement Vacations Subject Property: 1650 40th Avenue NE (PID: 36-30-24-42-0103) 3987 Johnson Street NE (PID: 36-30-24-42-0085) Dear Resident/Affected Property Owner: The City of Columbia Heights has made an application for a vacation of easements serving the properties located at 1650 40th Avenue NE (PID: 36-30-24-42-0103) and 3987 Johnson Street NE (36-30-24-42-0085). Section 9.104 (F) of the Zoning Ordinance requires the Planning Commission to hold a public hearing and provide a recommendation that the City Council approve or deny the application. The City intends to vacate the easements serving these properties including an easement for an alley that was never constructed and propose new easements that accurately reflect the current roadway configuration. You are receiving this notice because the property that you own (Affected Property), and/or reside in, is located within 350 feet of the Project Site (1650 40th Avenue NE or 3987 Johnson Street). The Planning Commission of the City of Columbia Heights will hold a Public Hearing on this matter on Tuesday, February 6, 2024 at 6:00 p.m. at the City Hall, located at 3989 Central Avenue NE. A full copy of the application is on file at City Hall and is available for review upon request. You are welcomed and encouraged to participate in the Public Hearing for this matter by attending the February 6, 2024 Planning Commission meeting. If you cannot attend the meeting, but would like to provide input, you can submit correspondence via email to aboucher@columbiaheightsmn.gov or by mail at: City of Columbia Heights Attn: Community Development 3989 Central Avenue NE Columbia Heights, MN 55421 You can also participate in the meeting live and online by using Zoom at the login link below or call-in: Join Zoom Meeting Online www.zoom.us Meeting ID: 810 9064 1596 Dial-in for Zoom Meeting +1 309 205 3325 US +1 312 626 6799 US (Chicago) If you have any questions about this proposal, please do not hesitate to contact the City of Columbia Heights 31 Item 3. Community Development Division at (763) 706-3673. Sincerely, Andrew Boucher Community Development Planner, City of Columbia Heights ** Landowners (Commercial and Residential): If you do not reside on the Affected Property, located 350 feet from the Subject Property, it is your responsibility to share this notice with your tenants. This notice should be posted in a public place on your property or mailed directly to the tenants residing or leasing space on the Affected Property. -SUBJECT PROPERTY LOCATIONS- 32 Item 3. Proposed Descriptions for Easement and Road Vacations: All of the roadway easement as described in document numbers 727279, 727278 and 732576 All of the Alley as delineated and dedicated on WALTONS 1ST SUBDIVISION OF RESERVOIR HILLS, Anoka County contiguous with the southeasterly line of Lot 1, Block 1, said WALTONS 1ST SUBDIVISION OF RESERVOIR HILLS, that lies easterly of a line parallel with and 25 feet easterly of the following described line: Commencing at the south quarter corner of Section. 36, Township 30, Range. 24, said Anoka County, thence North 00 degrees 20 minutes 19 degrees West assumed bearing along the north south quarter line of said Section. 36, 1965.92 feet; thence North 89 degrees 29 minutes 44 seconds East, 332.49 feet to the point of beginning; thence South 00 degrees 30 minutes 16 seconds East, 42.45 feet; thence southwesterly along a tangential curve concave to the west, 94.94 feet, with a central angle 45 degrees 19 minutes 54 seconds and a radius of 120.00 feet. All of the sanitary sewer easement as described in document number 177165, Anoka County, Minnesota All of the roadway easement as described in document number 727283, Anoka County, Minnesota All of Johnson Street Northeast lying westerly and northwesterly of the westerly line of Lot 1, Block 12, AUDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES THIRD, Anoka County, Minnesota, lying north of the westerly extension of the south line of said Lot 1, and lying easterly of a line parallel with and 25 feet easterly of the following described line: Commencing at the south quarter corner of Section. 36, Township 30, Range. 24, said Anoka County, thence North 00 degrees 20 minutes 19 degrees West assumed bearing along the north south quarter line of said Section. 36, 1965.92 feet; thence North 89 degrees 29 minutes 44 seconds East, 332.49 feet to the point of beginning; thence South 00 degrees 30 minutes 16 seconds East, 42.45 feet; thence southwesterly along a tangential curve concave to the west, 94.94 feet, with a central angle 45 degrees 19 minutes 54 seconds and a radius of 120.00 feet. 33 Item 3. Proposed Description for Roadway Easement: An easement for roadway purposes lying over under and across all that part of Lot 1, Block 1, WALTONS 1ST SUBDIVISION OF RESERVOIR HILLS, according to the recorded plat thereof, Anoka County, Minnesota that lies within a 50 foot strip, its centerline described as follows: Commencing at the south quarter corner of Section. 36, Township 30, Range. 24, said Anoka County, thence North 00 degrees 20 minutes 19 degrees West assumed bearing along the north south quarter line of said Section. 36, 1965.92 feet; thence North 89 degrees 29 minutes 44 seconds East, 332.49 feet to the point of beginning; thence South 00 degrees 30 minutes 16 seconds East, 42.45 feet; thence southwesterly along a tangential curve concave to the west, 94.94 feet, with a central angle 45 degrees 19 minutes 54 seconds and a radius of 120.00 feet. Together with all that part of said Lot 1 except the previously described 50 foot strip that lies southeasterly of a line 10 feet northwesterly of and parallel with the northeasterly line of the Alley adjacent to said Lot 1 as delineated and dedicated on said WALTONS 1ST SUBDIVISION OF RESERVOIR HILLS. 34 Item 3. 35 Item 3. 36 Item 3. 37 Item 3. PLANNING COMMISSION AGENDA SECTION PUBLIC HEARINGS MEETING DATE FEBRUARY 6, 2024 ITEM: Proposed Utility and Roadway Easements Serving 1650 40th Avenue NE and 3987 Johnson Street NE DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, 2/6/24 CASE NUMBER: 2024-PZ04 APPLICANT: City of Columbia Heights DEVELOPMENT: Proposed easement serving 1650 40th Avenue NE and 3987 Johnson Street NE LOCATION: 1650 40th Avenue NE and 3987 Johnson Street NE REQUEST: Proposed Easement PREPARED BY: Andrew Boucher, City Planner INTRODUCTION: At the beginning of 2023, the property owner of 1650 40th Avenue NE approached staff regarding the replacement of an existing attached garage with a larger garage which would abut or encroach upon an area of the site which lies within an existing utility easement. The property owner informally requested an easement/partial easement vacation in April 2023, but the City required additional review. Upon further review, staff determined that the City would be the applicant and responsible for hiring a firm to conduct the survey work. Some of the existing easements were found to include an undeveloped alley and a roadway easement that is misaligned with the road that was constructed and new easements. A contract for surveying services was executed with Pioneer Engineering to conduct a survey, prepare graphic depictions of existing (Exhibit A) and proposed conditions (Exhibit B), and provide descriptions for the proposed vacation (Exhibit C) as well as the new easements. Attached are the legal descriptions of these easements to be vacated and the descriptions of the new easements to be recorded per Exhibits B and C. Once approved, the City is responsible for filing and recording the new easements with Anoka County. ZONING ORDINANCE As the easement vacations and proposed easement for these properties is not related to a replat and is more of an administrative correction to reflect the actual location of the right-of-way, staff considered an easement vacation to be the most applicable process to adhere to. The Zoning Ordinance requires the Planning Commission to hold a public hearing on the application for the vacation of a street, alley, or other public right - of-way and submit its recommendation to the City Council. The subject properties are zoned residential, 1650 40th Avenue NE is R-2A (One/Two Family Residential) and 3987 Johnson Street NE is R-2B (Built-as-Duplex). The surrounding area is zoned residential, with Parks and Open Space to the west of the subject properties. COMPREHENSIVE PLAN 38 Item 4. Page 2 The City’s 2040 Comprehensive Plan guides the subject sites as “Low Density Residential” as well as the surrounding area with “Park” space to the west and “Institutional” guiding to the north. Staff Review Staff has coordinated with the City Engineer whom has been provided copies of the application materials and had no concerns with the easement vacation and proposed easements. FINDINGS OF FACT Section 9.104 (J) of the Zoning Ordinance outlines certain findings of fact that must be met in order for the City to grant approval for a proposed easement. The findings are as follows: The City Council shall make each of the following findings before vacating or proposing a street, alley, or other public right-of-way: a) No private rights will be injured or endangered as a result of the proposed roadway easement. This is correct. b) The public will not suffer loss or inconvenience as a result of the proposed roadway easement. This is correct. RECOMMENDATION Staff recommends that the Planning Commission recommend the following to the City Council: Motion: Move to waive the reading of Draft Ordinance No. 1692, there being ample copies available to the public. Motion: Move to recommend that the City Council approve Draft Ordinance No. 1692, establishing a new proposed roadway easement serving the properties at 1650 40th Avenue NE and 3987 Johnson Street NE subject to the following conditions: 1. The City 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 City shall be responsible for filing the easements vacations and proposed easements with the Anoka County Recorder’s Office. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Draft Ordinance No. 1692, there being ample copies available to the public. MOTION: Move to recommend that the City Council approve Draft Ordinance No. 1692, establishing a new proposed roadway easement at 1650 40th Avenue NE and 3987 Johnson Street NE as presented. ATTACHMENT(S): 39 Item 4. Page 3 Draft Ordinance No. 1692 Applicant Narrative Application Site Location Map Letter to Neighbors Public Hearing Notice Easement Vacation Legal Descriptions Proposed Easement Legal Descriptions Exhibit A (Existing Conditions) Exhibit B (Proposed Easement and Road Vacation) Exhibit C (Proposed Road Easement) 40 Item 4. 41 Item 4. 42 Item 4. 43 Item 4. 44 Item 4. 45 Item 4. 46 Item 4. ³ An oka County Parcel Viewer Owner Information: Disclaimer: Map and parcel data are believ ed to be acc urate, b ut accura cy is not gu aran teed. This is not a legal docume nt and sho uld not besubstituted for a title searc h, apprais al, survey, or for zoning verification. Date: 1/11/20241:600Anoka County GIS TH OMPSON , KA REN 1650 40TH AVE NE COLUMBIA HEIGH TS MN 55421 Parce l Information: 36-3 0-24-4 2-0103 1650 40TH AVE NE MN COLUMBIA HEIGHTS 55421 MANDY MEISNER 0.21Approx. Acres: WALTONS 1ST SUBDIVISION OF RESERVOIR HILLS Commissioner: Plat: 47 Item 4. CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Columbia Heights will conduct a public hearing in the City Council Chambers at 3989 Central Avenue Northeast on Tuesday, February 6th, 2024, at 6:00 p.m. The order of business is as follows: A request for Easement Vacation was submitted by the City related to easements serving the properties, 1650 40th Avenue NE (PID: 36-30-24-42-0103) and 3987 Johnson Street NE (36-30-24-42-0085). The City intends to vacate easements serving 1650 40th Avenue NE: the sanitary sewer easement (doc. No. 177165), roadway easements (doc. No. 217982 and 727283), and the alley described per Waltons 1st Subdivision of Reservoir Hills. Additionally, the City intends to vacate the roadway easements serving 3987 Johnson Street NE per doc. No. 727279, 727278, and 732576. The City is vacating these easements and proposing new easements to serve the subject properties that accurately reflect the current roadway configuration. Per Code Section 9.104 (J) of the Zoning Ordinance the Planning Commission is required to hold a public hearing on the Vacation application, and submit findings to the City Council. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, contact Andrew Boucher, City Planner, at (763) 706-3673. If you cannot attend the meeting, but would like to provide input, you can submit correspondence via email to aboucher@columbiaheightsmn.gov or by mail at: City of Columbia Heights 3989 Central Avenue NE Columbia Heights, MN 55421 48 Item 4. City of Columbia Heights | Community Development Department 3989 Central Avenue NE, Columbia Heights, MN 55421 ▪ Ph: 763-706-3670 ▪ Fax: 763-706-3671 ▪ www.columbiaheightsmn.gov NOTICE OF PUBLIC HEARING Date of Hearing: Tuesday, February 6, 2024 Subject: Public Hearing Notice – Easement Vacations Subject Property: 1650 40th Avenue NE (PID: 36-30-24-42-0103) 3987 Johnson Street NE (PID: 36-30-24-42-0085) Dear Resident/Affected Property Owner: The City of Columbia Heights has made an application for a vacation of easements serving the properties located at 1650 40th Avenue NE (PID: 36-30-24-42-0103) and 3987 Johnson Street NE (36-30-24-42-0085). Section 9.104 (F) of the Zoning Ordinance requires the Planning Commission to hold a public hearing and provide a recommendation that the City Council approve or deny the application. The City intends to vacate the easements serving these properties including an easement for an alley that was never constructed and propose new easements that accurately reflect the current roadway configuration. You are receiving this notice because the property that you own (Affected Property), and/or reside in, is located within 350 feet of the Project Site (1650 40th Avenue NE or 3987 Johnson Street). The Planning Commission of the City of Columbia Heights will hold a Public Hearing on this matter on Tuesday, February 6, 2024 at 6:00 p.m. at the City Hall, located at 3989 Central Avenue NE. A full copy of the application is on file at City Hall and is available for review upon request. You are welcomed and encouraged to participate in the Public Hearing for this matter by attending the February 6, 2024 Planning Commission meeting. If you cannot attend the meeting, but would like to provide input, you can submit correspondence via email to aboucher@columbiaheightsmn.gov or by mail at: City of Columbia Heights Attn: Community Development 3989 Central Avenue NE Columbia Heights, MN 55421 You can also participate in the meeting live and online by using Zoom at the login link below or call-in: Join Zoom Meeting Online www.zoom.us Meeting ID: 810 9064 1596 Dial-in for Zoom Meeting +1 309 205 3325 US +1 312 626 6799 US (Chicago) If you have any questions about this proposal, please do not hesitate to contact the City of Columbia Heights 49 Item 4. Community Development Division at (763) 706-3673. Sincerely, Andrew Boucher Community Development Planner, City of Columbia Heights ** Landowners (Commercial and Residential): If you do not reside on the Affected Property, located 350 feet from the Subject Property, it is your responsibility to share this notice with your tenants. This notice should be posted in a public place on your property or mailed directly to the tenants residing or leasing space on the Affected Property. -SUBJECT PROPERTY LOCATIONS- 50 Item 4. Proposed Description for Roadway Easement: An easement for roadway purposes lying over under and across all that part of Lot 1, Block 1, WALTONS 1ST SUBDIVISION OF RESERVOIR HILLS, according to the recorded plat thereof, Anoka County, Minnesota that lies within a 50 foot strip, its centerline described as follows: Commencing at the south quarter corner of Section. 36, Township 30, Range. 24, said Anoka County, thence North 00 degrees 20 minutes 19 degrees West assumed bearing along the north south quarter line of said Section. 36, 1965.92 feet; thence North 89 degrees 29 minutes 44 seconds East, 332.49 feet to the point of beginning; thence South 00 degrees 30 minutes 16 seconds East, 42.45 feet; thence southwesterly along a tangential curve concave to the west, 94.94 feet, with a central angle 45 degrees 19 minutes 54 seconds and a radius of 120.00 feet. Together with all that part of said Lot 1 except the previously described 50 foot strip that lies southeasterly of a line 10 feet northwesterly of and parallel with the northeasterly line of the Alley adjacent to said Lot 1 as delineated and dedicated on said WALTONS 1ST SUBDIVISION OF RESERVOIR HILLS. 51 Item 4. Proposed Descriptions for Easement and Road Vacations: All of the roadway easement as described in document numbers 727279, 727278 and 732576 All of the Alley as delineated and dedicated on WALTONS 1ST SUBDIVISION OF RESERVOIR HILLS, Anoka County contiguous with the southeasterly line of Lot 1, Block 1, said WALTONS 1ST SUBDIVISION OF RESERVOIR HILLS, that lies easterly of a line parallel with and 25 feet easterly of the following described line: Commencing at the south quarter corner of Section. 36, Township 30, Range. 24, said Anoka County, thence North 00 degrees 20 minutes 19 degrees West assumed bearing along the north south quarter line of said Section. 36, 1965.92 feet; thence North 89 degrees 29 minutes 44 seconds East, 332.49 feet to the point of beginning; thence South 00 degrees 30 minutes 16 seconds East, 42.45 feet; thence southwesterly along a tangential curve concave to the west, 94.94 feet, with a central angle 45 degrees 19 minutes 54 seconds and a radius of 120.00 feet. All of the sanitary sewer easement as described in document number 177165, Anoka County, Minnesota All of the roadway easement as described in document number 727283, Anoka County, Minnesota All of Johnson Street Northeast lying westerly and northwesterly of the westerly line of Lot 1, Block 12, AUDITOR'S SUBDIVISION OF WALTON'S SUNNY ACRES THIRD, Anoka County, Minnesota, lying north of the westerly extension of the south line of said Lot 1, and lying easterly of a line parallel with and 25 feet easterly of the following described line: Commencing at the south quarter corner of Section. 36, Township 30, Range. 24, said Anoka County, thence North 00 degrees 20 minutes 19 degrees West assumed bearing along the north south quarter line of said Section. 36, 1965.92 feet; thence North 89 degrees 29 minutes 44 seconds East, 332.49 feet to the point of beginning; thence South 00 degrees 30 minutes 16 seconds East, 42.45 feet; thence southwesterly along a tangential curve concave to the west, 94.94 feet, with a central angle 45 degrees 19 minutes 54 seconds and a radius of 120.00 feet. 52 Item 4. 53 Item 4. 54 Item 4. 55 Item 4. PLANNING COMMISSION AGENDA SECTION PUBLIC HEARINGS MEETING DATE FEBRUARY 6, 2024 ITEM: Variance for Attached Garage in Residential Front Yard within Front Yard Setback Encroachments DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, 2/6/24 CASE NUMBER: 2024-PZ02 APPLICANT: April Leaveck and Karen Thompson DEVELOPMENT: Residential Variance for 1650 40th Avenue NE to allow for an attached garage to encroach into front yard setback. LOCATION: 1650 40th Avenue NE REQUEST: Variance (Residential) PREPARED BY: Andrew Boucher, City Planner INTRODUCTION: At the beginning of 2023, the property owner of 1650 40th Avenue NE approached staff regarding the replacement of an existing attached garage with a larger garage which would abut or encroach within the front yard setback and upon an area of the site which lies within an existing utility easement. Upon further review, staff determined that the applicant would require a Variance to accommodate the potential building addition. April Leaveck and Karen Thompson are requesting a Variance for a proposed attached garage to be located at 1650 40th Avenue NE. The applicant is proposing to construct an addition to the standard garage which measures out to 567 square feet in size on the east side of the home. The applicant seeks a variance for the following: 1. Variance to allow the attached garage to be constructed and located with a front yard setback less than 25 feet. City Code Section 9.109 (C) stipulates a 25-foot front yard setback for residential buildings. The property is a corner lot abutting a diagonal street with unique setback requirements that apply to the subject property in relation to neighboring lots as the subject property does not have a rear lot line. In consideration of corner lots, the City Code states that the lot line having shortest dimension of street frontage is considered the front lot line. However, at the time of construction in 1985, the street frontage along 40th Avenue NE was considered the front lot line. Thus, the site’s north lot line, along 40th Avenue NE is considered the front and subject to a minimum required building setback of 25 feet. The west lot line is subsequently considered a side lot line, from which a minimum 5-foot building setback is required. The required setback from Johnson Street NE is subject to a 10-foot setback along the same street. The attached garage is proposed to be located 20.4 feet from the north front 56 Item 5. Page 2 property line, the same distance as the existing principal structure encroaches upon the front yard setback. The structure and proposed addition are within the principal structure building line in the front yard and does not increase the encroachment towards the setback beyond what the original structure does. ZONING ORDINANCE The Zoning Ordinance requires the Planning Commission to hold a public hearing on the application for the variance and submit its recommendation to the City Council. The subject property is zoned R-2A (One/Two Family Residential) and the surrounding area is zoned residential, with Parks and Open Space to the west of the subject properties. The use of the property as a residential home complies with the Zoning Code and is otherwise code compliant. COMPREHENSIVE PLAN The City’s 2040 Comprehensive Plan guides the subject sites as “Low Density Residential” as well as the surrounding area with “Park” space to the west and “Institutional” guiding to the north. The proposed garage is consistent with the goals and intent of the Comprehensive Plan. Staff Review Staff has reviewed the variance materials and the building permit application submitted including floor plans, applicant narrative, and site plan illustrating the proposed size and location of the new garage and its relation to adjacent properties and structures as well as the existing and proposed easements described in the easement vacation associated with this property. FINDINGS OF FACT Section 9.104 (G) of the Zoning Ordinance outlines required findings of fact that must be met for the City to grant approval for a Variance. The findings are as follows: The City Council shall make each of the following findings before granting a variance: (a) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. This is correct. The existing single-family home on the lot was built in a manner that utilized 40th Avenue NE as the front yard rather than Johnson Street NE. The current condition does not provide reasonable space for the construction of a standard two-stall garage that does not encroach into the front yard setback. This is an existing condition not caused by the current owner. The proposed garage would encroach five feet and five inches into the front yard setback, the same distance as the existing house encroaches, and will be served by the existing driveway accessed from 40th Avenue NE. (b) The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classification . This is correct. The subject site is unique as it is a triangular corner lot with three separate street frontages along all three sides of the property with setback requirements that differ from most lots on the block. 57 Item 5. Page 3 (c) The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. This is correct. (d) The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. This is correct. The Comprehensive plan calls for reinvestment, renovation, and modernization of the City’s single-family housing stock. (e) The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. This is correct. The granting of this Variance will result in a new, functioning two car garage for the property that will enhance the overall functionality and aesthetic of the site. This will provide more adequate on-site parking and will contribute to the improved value of the neighborhood. RECOMMENDATION Staff recommends that the Planning Commission recommend the following to the City Council: Motion: Move to waive the reading of Resolution No. 2024 – 012, there being ample copies available to the public. Motion: Move to recommend that the City Council approve Resolution No. 2024-012, a Variance for a residential property allowing for a five foot, five inch encroachment into the front yard setback subject to the following conditions: 1. All construction shall comply with the Minnesota State Residential Code. 2. All construction shall comply with the Minnesota State Energy Code. 3. All construction shall comply with the Minnesota State Plumbing Code. 4. All construction shall comply with the Minnesota State Mechanical and Fuel Gas Code. 5. Storm water runoff from the new construction shall be directed to the street. Runoff cannot pass onto adjacent properties. 6. The existing single stall garage located on the site shall be removed. 7. All construction shall comply with applicable local and state codes. 8. Stormwater runoff from the new construction shall be directed to the street. Runoff cannot pass onto adjacent properties. 9. The new attached garage shall be set back a minimum of 20.4 feet from the northern property line and meet all other applicable setback requirements. 10. A Certificate of Survey and Elevation Plans shall be submitted as part of the Building Permit Application for the construction of the proposed attached garage. 11. The total building coverage, including the principal structure and all accessory structures, shall not exceed 35%. 12. The distance between the proposed attached garage doors and the front lot line shall be no less than 20 feet. 58 Item 5. Page 4 13. The proposed attached garage shall be provided with a hard -surfaced access driveway, no less than 12 feet in width, to an adjacent public street, and shall be no less than 20 feet by 20 feet in size. 14. The proposed attached garage shall not be located within any utility or drainage easement. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of draft Resolution No. 2024-012, there being ample copies available to the public. MOTION: Move to recommend that the City Council approve Resolution No. 2024-012, a Variance allowing a five foot, five inch, encroachment into the front yard setback of 1650 40th Avenue NE. ATTACHMENT(S): Draft Resolution Applicant Narrative Application Site Location Map Letter to Neighbors Public Hearing Notice Exhibits 59 Item 5. RESOLUTION NO. 2024-012 A resolution of the Planning Commission for the City of Columbia Heights, Minnesota, recommending approval of a Variance for the property located in the City of Columbia Heights, MN; Whereas, a proposal (Planning Case # 2024-PZ02) has been submitted by Karen Thompson and April Leaveck to the Planning Commission requesting approval of a Variance at the following location: ADDRESS: 1650 40th Avenue NE (PID 36-30-24-42-0103) LEGAL DESCRIPTION: WALTONS 1ST SUB OF RES HILLS, CITY OF COLUMBIA HEIGHTS LOT 1, BLK 1, WALTONS 1ST SUB OF RESERVOIR HILLS-EX EASE OVER NELY 30 FT- THE APPLICANT SEEKS THE FOLLOWING: 1. Variance to allow the attached garage to be constructed and located with a front yard setback less than 25 feet. City Code Section 9.109 (C) stipulates a 25-foot front yard setback for residential buildings. Whereas, the Planning Commission held a public hearing as required by the City Zoning Code on February 6, 2024; Whereas, the Planning Commission has considered the advice and recommendations of the Planning Commission regarding the effect of the proposed variances upon the health, safety, and welfare of the community and its Comprehensive Plan, as well as any concern related to traffic, property values, light, air, danger of fire, and risk to public safety, in the surrounding area; Now, therefore, in accordance with the foregoing, and all ordinances and regulations of the City of Columbia Heights, the City of Columbia Heights Planning Commission makes the following: FINDINGS OF FACT 1. Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, strict adherence to the provisions of this article would cause practical difficulties in conforming to the zoning ordinance. The applicant, however, is proposing to use the property in a reasonable manner not permitted by the zoning ordinance. 60 Item 5. 2. The conditions upon which the variance is based are unique to the specific parcel of land involved and are generally not applicable to other properties within the same zoning classifications. 3. The practical difficulties are caused by the provisions of this article and have not been created by any person currently having a legal interest in the property. 4. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 5. The granting of the variance will not be materially detrimental to the public welfare or materially injurious to the enjoyment, use, development or value of property or improvements in the vicinity. CONDITIONS 1. All construction shall comply with the Minnesota State Residential Code. 2. All construction shall comply with the Minnesota State Energy Code. 3. All construction shall comply with the Minnesota State Plumbing Code. 4. All construction shall comply with the Minnesota State Mechanical and Fuel Gas Code. 5. Storm water runoff from the new construction shall be directed to the street. Runoff cannot pass onto adjacent properties. 6. The existing single stall garage located on the site shall be removed. 7. All construction shall comply with applicable local and state codes. 8. Stormwater runoff from the new construction shall be directed to the street. Runoff cannot pass onto adjacent properties. 9. The new attached garage shall be set back a minimum of 20.4 feet from the northern property line and meet all other applicable setback requirements. 10. A Certificate of Survey and Elevation Plans shall be submitted as part of the Building Permit Application for the construction of the proposed attached garage. 11. The total building coverage, including the principal structure and all accessory structures, shall not exceed 35%. 12. The distance between the proposed attached garage doors and the front lot line shall be no less than 20 feet. 13. The proposed attached garage shall be provided with a hard -surfaced access driveway, no less than 12 feet in width, to an adjacent public street, and shall be no less than 20 feet by 20 feet in size. 14. The proposed attached garage shall not be located within any utility or drainage easement. 61 Item 5. Passed this 6th day of February, 2024 Offered by: Seconded by: Roll Call: Eric Sahnow, Chair Attest: Andrew Boucher, City Planner 62 Item 5. 63 Item 5. 64 Item 5. 65 Item 5. ³ An oka County Parcel Viewer Owner Information: Disclaimer: Map and parcel data are believ ed to be acc urate, b ut accura cy is not gu aran teed. This is not a legal docume nt and sho uld not besubstituted for a title searc h, apprais al, survey, or for zoning verification. Date: 1/22/20241:600Anoka County GIS TH OMPSON , KA REN 1650 40TH AVE NE COLUMBIA HEIGH TS MN 55421 Parce l Information: 36-3 0-24-4 2-0103 1650 40TH AVE NE MN COLUMBIA HEIGHTS 55421 MANDY MEISNER 0.21Approx. Acres: WALTONS 1ST SUBDIVISION OF RESERVOIR HILLS Commissioner: Plat: 66 Item 5. City of Columbia Heights | Community Development Department 3989 Central Avenue NE, Columbia Heights, MN 55421 ▪ Ph: 763-706-3670 ▪ Fax: 763-706-3671 ▪ www.columbiaheightsmn.gov NOTICE OF PUBLIC HEARING Date of Hearing: Tuesday, February 6, 2024 Subject: Public Hearing Notice – Variance (Residential) Subject Property: 1650 40th Avenue NE (PID: 36-30-24-42-0103) Dear Resident/Affected Property Owner: The City of Columbia Heights has received an application from April S. Leaveck and Karen Thompson of 1650 40th Avenue NE for a Residential Variance to allow for a five (5) foot encroachment into the 25 foot front yard building setback. Section 9.104 (G) of the Zoning Ordinance requires the Planning Commission to hold a public hearing and provide a recommendation that the City Council approve or deny the application. The property owners intend to build an addition onto their house of which there is a portion that presently encourages into the front yard setback. You are receiving this notice because the property that you own (Affected Property), and/or reside in, is located within 350 feet of the Project Site (1650 40th Avenue NE). The Planning Commission of the City of Columbia Heights will hold a Public Hearing on this matter on Tuesday, February 6, 2024 at 6:00 p.m. at the City Hall, located at 3989 Central Avenue NE. A full copy of the application is on file at City Hall and is available for review upon request. You are welcomed and encouraged to participate in the Public Hearing for this matter by attending the February 6, 2024 Planning Commission meeting. If you cannot attend the meeting, but would like to provide input, you can submit correspondence via email to aboucher@columbiaheightsmn.gov or by mail at: City of Columbia Heights Attn: Community Development 3989 Central Avenue NE Columbia Heights, MN 55421 You can also participate in the meeting live and online by using Zoom at the login link below or call-in: Join Zoom Meeting Online www.zoom.us Meeting ID: 810 9064 1596 Dial-in for Zoom Meeting +1 309 205 3325 US +1 312 626 6799 US (Chicago) If you have any questions about this proposal, please do not hesitate to contact the City of Columbia Heights Community Development Division at (763) 706-3673. 67 Item 5. Sincerely, Andrew Boucher Community Development Planner, City of Columbia Heights ** Landowners (Commercial and Residential): If you do not reside on the Affected Property, located 350 feet from the Subject Property, it is your responsibility to share this notice with your tenants. This notice should be posted in a public place on your property or mailed directly to the tenants residing or leasing space on the Affected Property. -SUBJECT PROPERTY LOCATIONS- 68 Item 5. CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Columbia Heights will conduct a public hearing in the City Council Chambers at 3989 Central Avenue Northeast on Tuesday, February 6th, 2024, at 6:00 p.m. The order of business is as follows: A request for a Residential Variance was submitted by the owners of 1650 40th Avenue NE (PID: 36-30-24-42-0103), April Leaveck and Karen Thompson, to the City requesting to allow a five (5) foot encroachment into the required 25 foot front yard residential building setback. Per Code Section 9.104 (G) of the Zoning Ordinance the Planning Commission is required to hold a public hearing on the Variance application, and submit findings to the City Council. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, contact Andrew Boucher, City Planner, at (763) 706-3673. If you cannot attend the meeting, but would like to provide input, you can submit correspondence via email to aboucher@columbiaheightsmn.gov or by mail at: City of Columbia Heights 3989 Central Avenue NE Columbia Heights, MN 55421 69 Item 5. 70 Item 5. PLANNING COMMISSION AGENDA SECTION PUBLIC HEARINGS MEETING DATE FEBRUARY 6, 2024 ITEM: Review and Authorization of an Amendment to the 2040 Comprehensive Plan DEPARTMENT: Community Development BY/DATE: Andrew Boucher, City Planner, 2/6/24 CASE NUMBER: 2024-PZ03 APPLICANT: City of Columbia Heights DEVELOPMENT: N/A LOCATION: N/A REQUEST: Comprehensive Plan Amendment PREPARED BY: Andrew Boucher, City Planner INTRODUCTION: In late 2022, staff were informed that Medtronic intended to vacate their Columbia Heights campus located at 800 53rd Avenue NE. The property was listed for sale in December of 2022, and staff collaborated with the listing broker to provide guidance on potential parameters for redevelopment of the site. Currently, the entire 11.74-acre site is fully within the Shoreland Overlay District and zoned GB-General Business which allows for a variety of commercial uses but does not include provisions to allow residential development. Given the large size of the property and its desirable location, staff believe that a variety of uses could be considered at this location, including high-density residential. Despite the redevelopment potential for the site, there is no specific guidance in the City’s Comprehensive Plan to direct a different use of the property. The current plan simply guides the site for commercial use under the assumption that Medtronic will remain the primary user. Following the listing of the property, staff received a handful of inquiries from redevelopers over the course of a few months. Staff advised interested developers that the City viewed the site as a prime prospect for redevelopment, but specific guidance for the site has not been developed at this time. Therefore, additional planning must be undertaken to start creating parameters for the potential rezoning/re -guiding of the site before redevelopment can occur. HKGi, who prepared the 2040 Comprehensive Plan, was contracted to develop a design framework and conduct engagement activities including evaluating the redevelopment site and the neighborhood context, facilitating meetings and workshops with staff, City Council a nd Planning Commission, and the neighborhood to establish redevelopment goals with a focus on land use and design elements. Initial work has included evaluating the redevelopment site and neighborhood context through internal staff meetings and workshops in the form of a Joint Session of the Planning Commission and City Council on November 16, 2023. The Joint Session allowed for some consensus to be reached regarding the core land use and design elements that have been established thus far, these core elements include the following:  Scale high density residential towards Central Avenue and lower density housing such as townhomes near Sullivan Lake  Street designs that incorporate stormwater management features 71 Item 6. Page 2  Integrate public/private spaces  Focus on Sullivan Lake and expansion of Sullivan Lake Park as existing community assets  Improve Sullivan Lake water quality  Targeted residential density of 450-600 units  Limited commercial/retail development These land use and design frameworks were refined into two concepts which were presented to the public at an Open House engagement event held on January 9, 2024 . The event was extremely well attended and served as the beginning of a two-week online public engagement period from January 9th through January 24th where community members provided feedback on the concepts presented. HKGi has provided a summary report that documents the proposed changes to the 2040 Comprehensive Plan . The primary Changes that are proposed are as follows:  Transit Oriented Development (TOD) land use text description  Implementation chapter update to reflect the need for rezoning of the site  Adding to the Opportunity areas with an Area 5 section describing the new site and changing the site’s future land use designation from Commercial to TOD.  Technical tables will be adjusted based on projections changing and forecasts for additional population and housing units: o Regional Setting o Socioeconomic (Household and Employment) o Sewer o Transportation Analysis Zones o Transportation demand The amendment is now ready to be submitted to the Metropolitan Council for review and adoption. Prior to their acceptance of the plan, a resolution of the City Council approving the plan to be submitted, is required. The City’s Zoning Code gives the Planning Commission authority to review and hold public hearings, and prepare recommendations to the City Council regarding any changes to the City’s Comprehensive Plan. The Planning Commission must make a recommendation to the City Council on the draft amendment. RECOMMENDATION Staff recommends that the Planning Commission recommend that the City Council approve Resolution No. 2024 -013, authorizing the amendment to the 2040 Comprehensive Plan to be submitted to the Metropolitan Council: Motion: Move to waive the reading of Resolution No. 2024-013, there being ample copies available to the public. Motion: Move to recommend that the City Council approve draft Resolution No. 2024-013, authorizing the proposed amendment of the 2040 Comprehensive Plan per the staff report and recommending the City proceed with sending the amendment to the Metropolitan Council. 72 Item 6. Page 3 RECOMMENDED MOTION(S): MOTION: Move to waive the reading of draft Resolution No. 2024-013, there being ample copies available to the public. MOTION: Move to recommend that the City Council approve draft Resolution No. 2024-013, authorizing the proposed amendment of the 2040 Comprehensive Plan per the staff report and recommending the City proceed with sending the amendment to the Metropolitan Council. ATTACHMENT(S): Draft Resolution Notice to Adjacent Communities and Affected Agencies Public Hearing Notice Community Engagement Summary Preferred Concept Consultant Memo and Attachments 73 Item 6. RESOLUTION NO. 2024-013 A resolution of the Planning Commission for the City of Columbia Heights, Minnesota, recommending City Council to approve and authorize the proposed amendment to the 2040 Comprehensive Plan per the staff report and recommending the City proceed with submitting the amendment to the Metropolitan Council. Whereas, Minnesota Statutes section 473.864 requires each local governmental unit to review and, if necessary, amend its entire comprehensive plan and its fiscal devices and official controls at least once every ten years to ensure its comprehensive plan conforms to metropolitan system plans and ensure its fiscal devices and official controls do not confl ict with the comprehensive plan or permit activities that conflict with metropolitan system plans; and Whereas, the City Council, Planning Commission, and the City Staff have prepared a proposed Comprehensive Plan Amendment to update the 2040 Comprehensive Plan, as authorized through Resolution 2018-96, intended to meet the requirements of the Metropolitan Land Planning Act and Metropolitan Council guidelines and procedures; and Whereas, the Planning Commission has considered the proposed Comprehensive Plan Amendment and all public comments, and thereafter submitted its recommendations to this Council; and Whereas, the City conducted a public hearing on February 6, 2024 relative to the adoption of the proposed Comprehensive Plan Amendment; and Whereas, Minnesota Statutes section 473.858 requires a local governmental unit to submit its proposed comprehensive plan amendment to the Metropolitan Council following recommendation by the planning commission and after consideration but before final approval by the governing body of the local governmental unit. Whereas, based on its review of the proposed Comprehensive Plan Amendment and staff recommendations, the Planning Commission is ready to recommend City Council approval of its proposed plan amendment to the Metropolitan Council for review pursuant to Minnesota Statutes section 473.864; and 74 Item 6. NOW THERE, BE IT RESOLVED BY THE PLANNING COMMISSION OF COLUMBIA HEIGHTS, MINNESOTA, AS FOLLOWS: 1. Staff is directed by recommendation of the Planning Commission to distribute said Comprehensive Plan Amendment to the City Council for authorization at the February 26, 2024 meeting pursuant to Minnesota Statutes section 473.864 and the City proceed with sending the amendment to the Metropolitan Council. Passed this 6th day of February, 2024 Offered by: Seconded by: Roll Call: Eric Sahnow, Chair Attest: Andrew Boucher, City Planner 75 Item 6. 1 Andrew Boucher Good morning, The City of Columbia Heights intends to amend its Comprehensive Plan to reguide roughly 12-acres of land (formerly the Medtronic OƯice) located just east of Sullivan Lake Park at the southwest corner of 53rd Ave and Central Ave (State Hwy 65). Under the proposed plan, the property would be reguided from Commercial, which allows a variety of retail, services, and oƯice uses at a Floor Area Ratio (FAR) of 0.50 to 2.0; to Transit Oriented Development (TOD), which allows a mix of retail, oƯice, and higher density residential uses at 25 to 50 units per net acre - 1.0 to 3.0 FAR. Attached is: 1. A location map. 2. An aerial photo. 3. A copy of the Commercial and TOD land use descriptions. 4. A current land use guidance map of the area. 5. A proposed land use guidance map of the area. 6. A graphic providing the proposed site description; and site drawings. This email is intended to provide you an opportunity to review and comment on this proposed amendment. This notice is also intended to meet the City’s obligation to notify adjacent communities and aƯected agencies of the proposed amendment and provide you 60 days to review this proposed amendment and submit any written comments. Please notify me via e-mail if you intend to submit written comments, or if you will have no comments. Your prompt attention to this is greatly appreciated so that we may continue with submission of our amendment to the Metropolitan Council in a timely manner. Thank You, Natalie Strait SHE/HER PLANNER NATALIE@HKGI.COM | (608) 322-0877 800 WASHINGTON AVE N, #103 MPLS, MN 55401 76 Item 6. CITY OF COLUMBIA HEIGHTS PLANNING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning Commission of the City of Columbia Heights will conduct a public hearing in the City Council Chambers of City Hall at 3989 Central Avenue NE on Tuesday, February 6th, 2024 at 6:00 p.m. The order of business is as follows: The Planning Commission will review an amendment to the 2040 Comprehensive Plan and make a recommendation to the City Council. Section 9.104 (B) (4) (5) of the Zoning Ordinance, requires that the Planning Commission review, hold public hearings, and prepare recommendations on any changes to the City’s Comprehensive Plan. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, contact Andrew Boucher, City Planner, at (763) 706-3673. 77 Item 6. CONCEPT 1 - TOTALS • 12,000 SF of Commercial/Retail • 440 +/- High Density Housing Units • 38 +/- Rowhouse Townhome Units Mixed use with restaurant on stormwater pond and residential (3 stories, 72 units +/-) Mixed use at northwest corner with apartments and liner residential around a parking structure (6 stories, 216 units +/- of apartments; 80 units +/- of liner residential at 4 stories) “Stormwater Street Amenity” Small, stand-alone apartment building (4 stories, 72 units +/-) Courtyard Stormwater Pond Sullivan Lake Park E xis ti n g T r a i l Overlook E x i s t i n g Trail Parking Structure Townhomes (38 units +/-) Sullivan Lake Park “Stormwater Street Amenity” B A C F D E 53rd Avenue NE SULLIVAN LAKE Ce n t r a l A v e n u e N E 51st Avenue NE “Utilize some of the mixed use space closest the lake as a community center or expansion of the park” “Take out townhomes and expand park” “Keep lake loop trail” “Would want to make sure the retail space could be mostly filled. And filled with retail that is a mix of useful/convenience business and one’s that make the neighborhood more exciting/appealing.” “Access around 53rd and Central is already difficult with the amount of traffic in the area. 53rd being the only access to the property would be too difficult for residents to come and go as they please especially with the traffic light being so near the property”. Concept 1 Feedback Notes (Ranked by overall mentions) • Too much residential intensity/too dense (23) • Much more of the area should be commercial/retail and mixed use (9) • More focus on protecting/expanding the parkland - lots of animals and birds spotted/living along this lake, concern for existing wildlife (8) • Concerned about environmental impact of dense development (5) • Traffic/roundabout concerns on 53RD (5) • Need a community center - more community-focused use (4) • Like the waterfront restaurant (as long as pond is maintained) (3) • Like the concept as is (3) • Right amount of density (2) • No more HDR, townhouses/rowhouses okay (2) • Too much commercial/business space (2) • I don’t like this concept (2) • Like the stormwater features (2) • Lack of adequate parking (2) • No more rentals (1) • Need Senior Living (1) • Streets seem to narrow as proposed (1) • Design for ADA and diversity (1) • Need a grocery store in the area (1) • No parking shown for restaurant/poor access (1) • Can school support this level of density? (1) • Concern about noise pollution (1) Which Concept do you prefer? 49% Concept 1 51% Concept 2 78 Item 6. CONCEPT 2 - TOTALS • 6,000 SF of Commercial/Retail • 456 +/- High Density Housing Units • 79 +/- Rowhouse Townhome Units Stormwater Pond Sullivan Lake Park E x i s t i n g T r a i l Overlook E x i s t i n g Trail Parking Structure Mixed use at northwest corner with apartments and liner residential around a parking structure (6 stories, 336 +/- units) “Stormwater Street Amenity” Medium, stand-alone apartment building (4 stories, 120 units +/-) Park Feature (Park Pavilion/Restaurant Destination with Food Trucks) Townhomes (24 units +/-) Townhomes (55 units +/-) Stormwater A l o n g S t r e e t s c a p e Sullivan Lake Park “Stormwater Street Amenity” B A C F D E SULLIVAN LAKE Ce n t r a l A v e n u e N E 51st Avenue NE 53rd Avenue NE Concept 2 Feedback Notes (Ranked by overall mentions) • Too much residential intensity/too dense (19) • Like this one more because of park design/expand the park more (11) • I prefer this concept over the other (8) • Needs more commercial/retail/mixed use (7) • Concerned about more traffic (5) • Like the stormwater/water designs throughout (4) • Need a community center - more community-focused use/amenities (4) • Concerned about environmental impact of dense development/impact to wildlife (4) • I don’t like this concept (3) • Expand the park more (3) • Like food truck and restaurant feature (2) • Need Grocery Store (2) • Limit commercial/retail development (2) • Like the high-density housing (2) • I like this concept (1) • Like precedent photos more on this concept (1) • Streets seem to narrow as proposed (1) • No more rental properties (1) • Why not considering green uses like nature center? (1) • Can school support this level of density? (1) “Needs much more commercial development, especially along 53rd Avenue NE. This is the last large commercial parcel in Columbia Heights and it is close to the freeway. Too much residential intensity. Purchase US Bank property for sale to add Central Avenue access, and get right-of-way access at 52nd Avenue NE and Central Avenue to connect to the traffic light and connect existing trail to Central Avenue.” “I like this one better. The stormwater features and green spaces seem more appropriate and better designed. More housing instead of business space. It’ll be more of a “walkable” community instead of another shopping area.” “This is my preferred concept due to the addition of the park feature. Having a moderate sized feature could allow for the city to host community events at Sullivan Lake Park, lessening the burden on Huset Park, which currently hosts nearly all community festivals. . Trails may also need to be widened where applicable. Tree planting within the development will be critical to allow the new site to better blend into the park and create a habitat transition zone.” “MORE HOUSING and RETAIL ON CENTRAL? A city needs to find a balance between housing and retail to limit OVERCROWDING of people. You are overcrowding Central Avenue with people and traffic. Not well-thought out city planning at all, especially when the city is aware of the traffic issues already existing on Central Avenue.” “If we make this property residential, we need to consider the times and the needs of our residents today. Many extended families and multiple families are already living together. Buildings that are mostly 1 and 2 bedroom apartments are falling incredibly short of the real needs of people today. Consider housing that would be acceptable for 8-10 people because they are already making this work today.” 79 Item 6. 80 Item 6. Mixed use with apartments and liner residential around a parking structure (6 stories, 220 units +/- of apartments; 100 units +/- of liner residential at 4 stories) Small, stand-alone apartment building (4 stories, 120 units +/-) CourtyardStormwater Pond E x i s t i n g T r a i l Overlook E x i s t i n g Trail Parking Structure Townhomes (50 units +/-) “Stormwater Street Amenity” Park Feature (Park Pavillion/Restaurant Destination with Food Trucks) PREFERRED CONCEPT - TOTALS • 16,000 SF of Commercial/Retail • 440 +/- High Density Housing Units • 50 +/- Rowhouse Townhome Units 81 Item 6. 82 Item 6. 83 Item 6. 84 Item 6. 85 Item 6. 86 Item 6. 87 Item 6. 88 Item 6. 89 Item 6. PLANNING COMMISSION AGENDA SECTION OTHER BUSINESS MEETING DATE FEBRUARY 6, 2023 ITEM: Review Purchase of 675 37th Avenue NE DEPARTMENT: Community Development BY/DATE: Aaron Chirpich, CD Director/Assistant City Manager – 02/01/2024 CASE NUMBER: N/A APPLICANT: N/A DEVELOPMENT: N/A LOCATION: 675 37th Avenue NE REQUEST: Review the acquisition of 675 37th Avenue NE, and determine if it conforms to the City’s Comprehensive Plan PREPARED BY: Aaron Chirpich, Community Development Director/Assistant City Manager INTRODUCTION: Pursuant to State Statue, Section 462.356, Subdivision 2, the Planning and Zoning Commission (the “Planning Commission”) in and for the City is required to review and ultimately determine that the proposed acquisition of real property conforms to the Comprehensive Plan of the City. Therefore, staff has requested that the Planning Commission review the acquisition of 675 37th Avenue NE, Columbia Heights, MN 55421 (the “Subject Property”) to determine if its acquisition conforms to the Comprehensive Plan of the City. COMPREHENSIVE PLAN: The City has a long-standing practice of acquiring vacant and blighted properties for strategic redevelopment purposes. Given the location of the subject property and its proximity to the City’s Public Works facilities, the City desires to acquire the property for the potential future redevelopment of the Public Works campus. Therefore, the proposed acquisition of the Subject Property responds to several goals and policies adopted in the Comprehensive Plan. Specifically, in Chapter 3: Land Use. Below are the specific goals and policies from the Comprehensive Plan that directly and indirectly correlate to the conformity of the proposed acquisition. LAND USE AND REDEVELOPMENT Goal: Provide mechanisms for successful redevelopment of vacant lands and targeted areas within the community. 1. Encourage infill development that demonstrates compatibility with existing neighborhood characteristics in terms of quality, design, building height, placement, scale, and architectural quality. Goal: Strengthen the identity and image of the community as a desirable place to live, work and play. 90 Item 7. Page 2 1. Enhance the physical appearance of the community through clean-up initiatives, redevelopment opportunities, and housing renovation programs. RECOMMENDATION Move to adopt Resolution 2024-PZ01, a resolution finding that the proposed acquisition of certain land for redevelopment purposes by the City of Columbia Heights is consistent with the City of Columbia Heights’ Comprehensive Plan. RECOMMENDED MOTION(S): MOTION: Move to waive the reading of Resolution 2024-PZ01, there being ample copies available to the public. MOTION: Move to adopt Resolution 2024-PZ01, a resolution finding that the acquisition of certain land for redevelopment purposes by the City of Columbia Heights is consistent with the City of Columbia Heights’ Comprehensive Plan. ATTACHMENT(S):  Resolution 2024-PZ01  Location Map 91 Item 7. RESOLUTION NO. 2024-PZ01 A RESOLUTION FINDING THAT THE ACQUISITION OF CERTAIN LAND FOR REDEVELOPMENT PURPOSES BY THE CITY OF COLUMBIA HEIGHTS IS CONSISTENT WITH THE CITY OF COLUMBIA HEIGHTS’ COMPREHENSIVE PLAN. WHEREAS, the City of Columbia Heights (the “City”) proposes to purchase certain property (the “Property”) located at 675 37th Avenue NE, (PID 35-30-24-43-0018) in the City of Columbia Heights, as described on the attached Exhibit A, for the purposes of eventual redevelopment; and WHEREAS, Minnesota Statutes, Section 462.356, subd. 2 requires the City’s Planning Commission to review the proposed acquisition or disposal of publicly-owned real property within the City prior to its acquisition or disposal, to determine whether in the opinion of the Planning Commission, such acquisition or disposal is consistent with the comprehensive municipal plan; and NOW, THEREFORE BE IT RESOLVED, the Planning Commission has reviewed the proposed acquisition of the Property and has determined that the City’s purpose is to redevelop the Property, and that the proposed acquisition is therefore consistent with the City’s comprehensive plan. BE IT FURTHER RESOLVED that this resolution be communicated to the City Council for the City of Columbia Heights. ORDER OF THE PLANNING COMMISSION Passed this 6th day of February, 2024 Offered by: Seconded by: Roll Call: Chairperson Attest: Secretary EXHIBIT A 92 Item 7. Description of Property COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS, ANOKA COUNTY, MINNESOTA S 63 FT OF W 10.5 FT OF LOT 8 S 63 FT OF LOTS 9 THRU 17 S 63 FT OF LOT 18(EX THE W .5 FT) LOTS 42 THRU 50 & THE VACATED ALLEY LYING N OF THE W LINE OF LOT 42 EXTENDED TO THE E LINE OF LOT 50EXTENDED ALL IN BLK 88 COL HGTS ANNEX TO MPLS, CNTY OF ANOKA, STATE OF M N 93 Item 7. ³ 675 37th Avenu e Owner Information: Disclaimer: Map and parcel data are believ ed to be acc urate, b ut accura cy is not gu aran teed. This is not a legal docume nt and sho uld not besubstituted for a title searc h, apprais al, survey, or for zoning verification. Date: 2/1/20241:1,200Anoka County GIS WILLIAMS, ROB E RT A 3828 C E NTR AL AVE NE COLUMBIA HEIGH TS MN 55421 Parce l Information: 35-3 0-24-4 3-0018 675 3 7TH AVE NE MN COLUMBIA HEIGHTS 55421 MANDY MEISNER 1.64Approx. Acres: COLUMBIA HEIGHTS ANNEX TO MINNEAPOLIS Commissioner: Plat: 94 Item 7.