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March 12, 2001 Regular
CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights. mn. us ADMINISTRATION Ma~ch 9, 2001 Gary L. Peterson Councilmembers Marlaine Szurek dulienne Wyckoff Bruce Nawrodd Robert ,4. g/illiams City Manager Walter R. Fehst The following is the agenda for the regular meeting of the City Council to be held at 7:00 PM on Monday, March 12, 2001 in the City Council Chambers, City Hall, 590 40th Avenue N.E., Columbia Heights, Minnesota. The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs, or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Coltnubia Heights' services, programs, and activities. Auxiliary aids for disabled persons are available upon request when the request is made at least 96 hours in advance. Please call the Deputy City Clerk at 763-706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaked only) 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA (The Council, upon majority vote of its members, may make additions and deletions to the agenda. These may be items brought to the attention of the Council under the Citizen Forum or items submitted after the agenda preparation deadline.) CONSENT AGENDA (These items are considered to be routine by the City Council and will be enacted as part of the Consent Agenda by one motion. Items removed from consent agenda approval will be taken up as the next order of business.) A) MOTION: Move to approve the Consent Agenda items as follows: 1) Minutes for Approval MOTION: Move to approve the minutes of the February 26, 2001 regular City Council meeting as presented. 2) Authorize purchase of large capacity Washing Machine MOTION: Move to award the pumhase of a large capacity washing machine to Darling's Sales and Service Company based upon their low, qualified, responsible bid in the amount of $5,764.95 with funds to be appropriated from 100-42200-5180 and with the difference of $573.95 from fire Department Fund 101-42200-2010; and furthermore, to authorize the Mayor and City Manager to enter into an agreement with Darling Sales and Service to purchase a heavy duty washing machine. 3) Authorize purchase of T-Shirts and youth sports equipment MOTION: Move to award the purchase of t-shirts to Athletic Outfitters based upon their low, qualified, responsible bid in the mount of $9,177.90 with funds to be appropriated from 881-45001- 2170; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the salTle. MOTION: Move to award the purchase of youth sports equipment to Steichen's Sports Store based upon their low, qualified, responsible bid in the amount of $8,043.44 with $5,343.28 to be appropriated from account 881-45001-2170 and $2,700.27 to be appropriated from account 101- 45003-2170; and furthermore to authorize the Mayor and City Manager to enter into an agreement for the same. THE City OF COLUMBIA HEIGHT5 DOES NOT DISCRIMINATE ON THE BASIS OF OISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER City Council Agenda March 12, 2001 Page 2 of 4 4) 5) 6) 7) 8) 9) Authorize Purchase of four (4) sets of aluminum bleachers for Huset Park MOTION: Move to authorize the purchase of four (4) sets of aluminum five-tier bleachers from Earl F. Anderson, Inc. of Bloomington, Minnesota, in the amount of $ 11,756.92 including tax and delivery from Fund 412-45200-5180. Authorize Purchase of Capital Equipment Replacement for the Melrose Bobcat #217 from the Minnesota State Purchasing Contract with John Deere Skid Steer Loader - Model 260 MOTION: Move to authorize purchase of one (1) John Deer Model 260 skid-steer loader, equipped with dirt bucket, snow bucket, and auger attachments from RDO Equipment Company of Burnsville, MN in the amount of $25,475, deducting $13,050 trade-in value for a purchase price of $12,425, plus sales tax, with funding appropriated from the Streets Capital Equipment Fund: 431-45200-5180. The price includes trade-in of the existing Bobcat skid-steer with bucket(s) and backhoe attachments, and delivery to Public Works Department. Authorize Purchase of Asphalt MillinflCold Planer Attachment for MT Trackless MOTION: Move to authorize purchase of one (1) new asphalt milling/cold planer attachment for the MT Trackless, from the State of Minnesota purchasing contract vendor, MacQueen Equipment, in the amount of $13,995.00, plus sales tax, from Fund 101-43121-5180. Accept Feasibility Report for Central Avenue Water Services and Streetscaping - Proi ect 9912-A and Calling for a Public Improvement Heating MOTION: Move to waive the reading of Resolution No. 2001-29, there being ample copies available for the public. MOTION: Move to adopt Resolution No. 2001-29 being a Resolution accepting the report for City Project 1999-12A; Central Avenue Water Services and Streetscaping Improvements and calling for a Public Improvement Hearing on April 16, 2001. Adopt Resolution No. 2001-31, being a Resolution regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and municipal Employees MOTION: Move to waive the reading of Resolution No. 2001-31, there being ample copies available to the public. MOTION: Move to adopt Resolution 2001-31, being a Resolution regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, effective January 1, 2001 - December 31, 2003. Approve a Conditional Use Permit for Ace Hardware allowing the operation of a seasonal greenhouse to be located in the parking lot at 2261 371h Ave. NE from April 1, 2001 through July 31, 2001. MOTION: Move to approve the Conditional Use Permit to allow the operation and placement of a temporary 21 X 48 foot tent for the display and sale of green and flowering plants from April 1, 2001, through July 31, 2001, at 2261 37th Avenue NE, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to the display of the tent on the site on the lot. City Council Agenda March 12, 2001 Page 3 of 4 10) Approve Conditional Use Permit for Linder's Greenhouse allowing for the operation of temporary 'mini garden' center and retail sales in the Central Valu Mall, 4300 Central Avenue NE, from April 15, 2001 through July 7, 2001. MOTION: Move to approve the Conditional Use Permit to allow for the operation of a temporary greenhouse/retail sales at 4300 Central Avenue NE from April 15, 2001 through July 7, 2001, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to the installation of the structures on the site. 11) Approve Conditional Use Permit allowing for a strong beer and wine license for Tycoon's Bar and Restaurant at 4952 Central Avenue NE for intensification of the current use. MOTION: Move to approve the Conditional Use Permit to allow a wine license at 4952 Central Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Trash containers located on site shall be enclosed by a fence, so as to be removed from public view. 3. Twenty-five (25) parking spaces proposed will need to be striped and maintained. 4. Seventy-five (75) permanent seats will need to be maintained for On-sale wine. 12) Establish Hearing Date regardinn License Revocation or Suspension of Rental Property at 4616 & 4622 Tyler Street MOTION: Move to Establish a Hearing Date of March 26, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at 4616 and 4622 Tyler Street NE. 13) Approve Rental Housing License Applications MOTION: Move to approve the items listed for rental housing license applications for March 12, 2001. 14) Approve Business License Applications MOTION: Move to approve the items as listed on the business license agenda for March 12, 2001 as presented. 15) Approve Payment of Bills MOTION: Motion to pay the bills, as listed, out of the proper fund. 5. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS A) Proclamations B) Presentations C) Introduction Dick Petkoff, 4931 Washington Avenue NE -Police and Fire Civil Service Commissioner D) Recognition City Council Agenda March 12, 2001 Page 4 of 4 6. PUBLIC HEARINGS A. First Reading of Ordinance 1428 - being an Ordinance amending Ordinance #818 pertaining to Zoning and Development MOTION: Move to waive the reading of Ordinance No. 1428, there being ample copies available for the public. MOTION: Move to establish Monday, March 26, 2001, at approximately 7:00 p.m. as the second reading of Ordinance #1428, Columbia Heights Zoning and Development Ordinance. 7. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions 1. Adopt Resolution 2001-30, being a Resolution supporting the completion of TH 610 in 2005-1010 MOTION: Move to waive the reading of Resolution No.2001-30, there being ample copies available to the public. MOTION: Move to adopt Resolution 2001-30, being a Resolution supporting the completion of TH 610 in 2005-2010. B) Bid Considerations C) Other Business 1) Adopt Resolutions No. 2001-11 and 2001-12, being Resolutions accepting the Feasibility Reports for Zone 5 Street Rehabilitation and 2001 Seal Coating MOTION: Move to waive the reading of Resolutions No. 2001-11 and 2001-12, there being ample copies available to the public. MOTION: Move to adopt Resolution 2001-11 and 2001-12, being Resolutions which accept the Feasibility Report for Zone 5 Street Rehabilitation and Zone 5 Seal Coating. 8. ADMINISTRATIVE REPORTS A) Report of the City Manager B) Report of the City Attorney 9. GENERAL COUNCIL COMMUNICATIONS A) Minutes of Boards and Commissions 1. Meeting of the March 6, 2001 Planning and Zoning Commission 2. Meeting of the February 28, 2001 Park and Recreation Commission 10. CITIZENS FORUM (At this time, citizens have an opportunity to discuss with the Council items not on the regular agenda. The citizen is requested to limit their comments to five minutes. Please note the public may address the Council regarding specific agenda items at the time the item is being discussed.) 11. ADJOURNMENT Walter R. F~ City Manager VVF/pvm OFFICIAL PROCEEDINGS COLUMBIA HEIGHTS CITY COUNCIL REGULAR COUNCIL MEETING FEBRUARY 26, 2001 CALL TO ORDER/ROLL CALL Present: Councilmembers: Robert Williams, Marlaine Szurek, Julierme Wyckoff, and Mayor Peterson, Absent: Councilmember Bruce Nawrocki PLEDGE OF ALLEGIANCE ADDITIONS/DELETIONS TO MEETING AGENDA -none CONSENT AGENDA A) MOTION by Szurek, second by Wyckoff, to approve the Consent Agenda items as follows: 1) Minutes for Approval Move to approve the minutes of the February 12, 2001, regular City Council meeting as presented. 2) Work Session Meeting Dates for March 5, 2001, Cancel the Joint Meeting with the School District on March 8, Move to establish Work Session meeting date for Monday, March 5, 2001 at 7 p.m.; and to cancel the joint meeting with the School District on March 8. Walt Fehst, City Manager indicated a new date for the Joint Meeting with the School District has not been re-established. 3) 2001-08 and 2001-09, being Resolutions calling for Zone 5 Public Improvement Hearing for Street Rehabilitation and Seal Coating Move to waive the reading of Resolutions 2001-08 and 2001-09, there being ample copies available for the public. Move to adopt Resolution No. 2001-08, being a Resolution calling for an Improvement Hearing for Zone 5 Street Rehabilitation, City Project 2001-02, on March 19, 2001. RESOLUTION NO. 2001-08 BEING A RESOLUTION CALLING FOR A PUBLIC IMPROVEMENT HEARING FOR ZONE 5 2001 STREET REHABILITATION IMPROVEMENTS WITH FULL RECONSTRUCTION, PARTIAL RECONSTRUCTION AND MILL AND OVERLAY WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven zones and WHEREAS, staff has been preparing preliminary plans and developing the Feasibility Report(s) for Zone 5 of the Annual Street Rehabilitation Program. (Streets included in Zone 5 are located from University Avenue to Central Avenue, 44th Avenue to 48th Avenue and Quincy Street to Central Avenue, 41 st Avenue to 44th Avenue.) NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that a Public Hearing shall be held on such proposed improvements on h the 19t day of March, 2001 in the Council Chambers located at 590 40* Avenue NE, at 7:00 p.m., City Council Minutes February 26, 2001 Page 2 of 6 and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. Dated this 26th day of February, 2001. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk Move to adopt Resolution No. 2001-09, being a Resolution calling for an Improvement Heating for Zone 5 Street Seal Coating, City Project 2001-01, on March 19, 2001. RESOLUTION NO. 2001-09 BEING A RESOLUTION CALLING FOR A PUBLIC IMPROVEMENT HEARING FOR ZONE 5 2001 STREET SEAL COAT WHEREAS, the City Council has adopted a Street Rehabilitation Program which divides the City into seven ZOnes and, WHEREAS, staff has been preparing preliminary plans and developing the Feasibility Report(s) for Zone 5 of the Annual Street Rehabilitation Program. (Streets included in Zone 5 are located from University Avenue to Central Avenue, 44th Avenue to 48th Avenue and Quincy Street to Central Avenue, 41st Avenue to 44th Avenue.) NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that a Public Hearing shall be held on such proposed improvements on the 19th day of ch, Mar 2001 in the Council Chambers located at 590 40th Avenue NE, at 7:00 p.m., and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. Dated this 26th day of February, 2001. Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk 4) Document imaging system upgrade Move to authorize the Mayor and City Manager to enter into an agreement with PC Solutions for the purchase of SnapServer at a total cost not to exceed $3,700 plus sales tax. Budgeted item 5) 2001 Council Liaison to the Charter Commission Move to appoint Robert A. Williams as the 2001 Charter Commission Liaison. 6) County Payment for administration fees Move to authorize payment of $15,837.06 for administering the 2000 Tax Increment Financing Laws of Minnesota, Truth in Taxation, and Special Assessments, with expenses being charged to the TIF Debt Services Fund and the General Fund. City Council Minutcs February 26, 2001 Page 3 of 6 7) Bids for 2001 Miscellaneous Concrete Replacement and Installation Project Move to authorize staff to seek bids for the 2001 Miscellaneous Concrete Replacement and Installation Project. 8) Bids for 2001 Street and Parking Lane Striping Move to authorize staff to seek bids for the 2001 Street and Parking Lane Striping Contract. Fehst stated that some of this work is completed in house and larger projects are contracted out. 9) Business License Applications MOTION: Move to approve the items as listed on the business license agenda for February 26, 2001. 10) Payment of Bills MOTION: Motion to pay the bills, as listed, out of the proper fund. Upon Vote: All ayes. Motion carried. PROCLAMATIONS, PRESENTATIONS, RECOGNITIONS AND GUESTS - none PUBLIC HEARINGS A) Public Hearing for Revocation/Suspension of Rental Housing License at 1133 45th Avenue NE Mayor Peterson closed the public hearing in that the property is currently in compliance with the Residential Maintenance Code. B) Resolution No. 2001-10, being a resolution adopting a Housing Program with respect to an Assisted- Living Senior Housing Project; granting preliminary approval for the issuance of Multifamily Housing Revenue Bonds to finance the proiect; and authorizing the reimbursement of expenditures made in anticipation of the issuance of such bonds MOTION by Szurek, second by Willjams, to approve Resolution No. 2001-10, being a Resolution adopting a Housing Program with respect to an Assisted-Living Senior Housing Project; granting preliminary approval for the issuance of Multifamily Housing Revenue Bonds to finance the project; and authorizing the reimbursement of expenditures made in anticipation of the issuance of such bonds. Mayor Peterson opened the Public Hearing. John Utley, Attorney for the firm of Kennedy and Graven, stated he was bond counsel regarding this financing. He indicated that State and Federal law allows cities to~nance tax-exempt bonds of certain types, one of which is multi-family senior housing. Following the public hearing, Utley asked Council to consider adopting the Resolution for preliminary approval of the sale of bonds. This would constitute an indication to the Parties involved of Council intentions. Utley emphasized these are revenue bonds, whereby no assets of the city or any public property can be pledged to pay the bonds; they must be paid by revenue. These bonds do not affect the city 's ability to obtain their own bonds. Wyckoff questioned default on the bonds. Utley stated the bonds are paid with revenue from the business. If the business fails, the revenues from the facility secure the bonds, or the mortgage from the facility, or third party investors. W. vckoff questioned the time length of the bonds. Utley stated approximately 30 years. Wyckoff, questioned if approval required a supermajority vote and if these funds would only be used for the assisted living facility. Utley stated that State law indicates a simple majority is required, and State City Council Minutes February 26, 2001 Page4of6 law supercedes local requirements. He clarified that these funds can only be used by a non-profit business and this is a stand-alone~nancing. Keith dan& Real Estate Equities, spoke on the security for financing, and the affiliation with Crest View Corporation. There will be FHA/HUD insurance on the bonds. Building plans will be submitted tomorrow and plans are to begin building at the end of March. Wyckoff questioned if the assisted living project would continue if the affordable living facility project fell apart. dans stated the entire project would go forward, but answered, "yes" to the question. WiHiams clarified that tax-exempt bonds are sold to private investors and there is no liability to the citizens. Utley stated it would be illegal to do otherwise. Szurek mentioned this action is not unusual for a city to do. Peterson asked for concerns from the public. Following no response, Mayor Peterson closed the Public Hearing and called for the vote. Upon Vote: All ayes. Motion carried. ITEMS FOR CONSIDERATION A) Other Ordinances and Resolutions B) Bid Considerations C) Other Business 1) Columbia Heights Transition Block LLC Amendment ofPlat and Easement Establishing Overflow Drainage on NEI property MOTION by Szurek, second by Williams, to approve the Amended plat for Northwestern 2nd Addition upon the condition that the same identifiable drainage and utility easement would be recreated in a separate easement document approved by the City. Jim Hoefi, City Attorney, indicated that item C1 & C2 are related. He stated the originalplat for the Transition Block showed l O0-year~ood overflow storage. NEI requested the easement be removed from the plat and included through a separate document. The area or character will not change, Also, the request to amend easement document #597725 was an agreement made in the early 80's with the School District for a traffic exit through the parking lot. The request is for the position of that easement to change. Review of the concept has been approved by the City's Engineering Department. Upon initial review, Kevin Hartsen, Public Works Director, requested this storm sewer ponding and overflow area and this easement satisfies that request. The driveway easement does allow the original concept of continuity. Wyckoff questioned what this change would mean. Hansen indicated that rather than showing the ponding area lines on the plat map, it would be represented on another recorded document. Peterson indicated this item was tabled at the last meeting upon request for further review. HoeJ~ stated there were minor changes and he is now comfortable with them. Upon Vote: All ayes. Motion carried. 2) Columbia Heights Transition Block amended easement Document # 597725 MOTION by Szurek, second by Williams, to approve the Amendment of Easement Agreement for Document No. 597725 as presented in writing; and furthermore, to authorize the Mayor and City Manager to enter into an agreement for the same. Upon Vote: All ayes. Motion carried. City Council Minutes February 26, 2001 Page 5 of 6 Miscellaneous Items: Peterson asked Fehst if he polled Councilmembers regarding a replacement member to the Police and Fire Civil Service Commission. Fehst indicated that Councilmember Nawrocki requested waiting for this reappointment until the April 1 Commission term reappointments. Peterson stated that if the appointment were made now, the other applicants would remain on the available list. He stated that if we have applicants willing to fill vacancies, the appointment should not be delayed. Fehst stated that Mr. Moore, who was temporarily appointed to the Commission, wished to be replaced as soon as possible, and that this Commission will be interviewing for the Fire Captain position within the next two weeks. Wyckoff requested Mr. Moore be sent a letter thanking him for his help. Szurek spoke for the excellent qualifications of the applicant being considered. Peterson spoke for the outstanding qualifications of all the applicants. Motion by Szurek, second by Wyckoff, to appoint Dick Petkoff to the vacant term on the Police and Fire Civil Service Commission. Upon Vote: All ayes. Motion carried. Peterson requested that Mr. Petkoff be invited to the next Council meeting to be introduced. Fehst stated that expiring commission terms and vacancies will be posted on our cable TV station and City web page. Fehst listed the openings on aH commissions. Wyckoff informed tire public that on Sunday, March 25, at Murzyn Hall from 4 to 8 p.m., the Hunran Service Commission, School District 13, and Shirley Barnes from Crest View Corporation, will host the First Annual "Taste of Heights ". The event will feature food samples from six local restaurants: Olive Tree, Cairo Grill, Sahib 's, El Tequila, Balkan Express, El Bustan 's, Jang Won. Also featured will be families chosen by the School District to exhibit their culture through crafts, dances, clothing, etc. Flyers for the event will be posted soon. ADMINISTRATIVE REPORTS A) Report of the City Manager Upcoming Work Session Items · McComb Group Limited Market Feasibility Study for the Downtown Redevelopment · Replacement of Melrose Bobcat #217 · New equipment purchase of milling attachment for MT Trackless · Zone 5 Feasibility Report · Continuation of review - Central Avenue Improvement Project for water service and Streetscaping · Bleacher Replacement - Huset Park, field 5 · New washing machine for Fire Department · Library development - follow up to Library Board/City Council worksession · Award T-Shirt and Recreation Equipment Bid · Resolution supporting "Building Quality Communities" Fehst announced a meeting on Monday, March 5th at 9 a.m. at City Hall with Senator Chaudhary and Representative Goodwin, to look at effects of the State budget plan on our community. Fehst stated that depending on the formula used, we could stand to lose 2.5 million dollars. The impact on tax increment financed districts is a concern, as well as HACA, State Aid, and Homestead Credits. Wyckoff asked if residents could get help shoveling the snow from around fire hydrants. Fehst asked that if residents were able, that they please shovel around hydrants to make them accessible. However, our City Council Minutes February 26, 2001 Page 6 of 6 Fire Cadets would be out clearing snow from around fire hydrants. Residents may call City Hall with individual requests, but Cadets will try to work in an orderly sequence. Fehst also stated concern about cars parked on city streets for hardship reasons, which may cause plow truck drivers and possibly~re truck drivers to not be able to get down certain streets. Williams encouraged residents to~ag their nearest fire hydrant. B) Report of the City Attorney - none GENERAL COUNCIL COMMUNICATIONS Minutes of Boards and Commissions 1) Meeting of the January 16, 2001, Economic Development Authority 2) Meeting ofthe February 15,2001Telecommunications Commission 3) Meeting of the February 6, 2001 Library Board of Trustees 4) Meeting ofthe February 7, 2001Library Board ofTrnstees/City Council Worksession Wyckoff displayed a copy of the Real Estate section from Saturday's paper, with an article on the apartment created above the Heights Theatre. She also stated the City's 2000 Annual Report has been released and suggested the public view this information. Peterson stated that he attended the Heights Theatre "doyce Lamont" tribute, and was amazed by their wonderful presentation. Wyckoff mentioned the Columbia Heights reference in the Taste column of the newspaper. CITIZENS FORUM Two students from the local high school civic class introduced themselves. ADJOURNMENT Mayor Peterson adjourned the meeting at 8:05 p.m. Patricia Muscovitz, Deputy City Clerk CITY COUNCIL LETTER Meeting of: March 12, 2001 AGENDA ORIGINATING CITY SECTION: [~ _/~ - ~, DEPARTMENT: MANAGER NO: Fire APPROVAL ITEM: Purchase of Large Capacity Washing BY: Charles Thompson BY:~//~ Machine NO: DATE: March 1, 2001 DATE: Background: In the 2001 Budget, the Fire Department proposed the purchase of a new large capacity washing machine. This washing machine will have the capability of washing up to three sets of turnout gear. The current washing machine is not capable of washing one complete set and is in need of repair. In 2000, when the washing machine was budgeted for, the cost of the machine was $5,191.00. Due to price increase, the current cost of the machine is $5,764.95, an increase of $573.95. Analysis/Conclusion: The Fire Department also budgeted for four hand-held radios at $727.93 each and to date, has only purchased 3 of the 4 radios budgeted for. The Fire Department is proposing not to purchase the 4th hand-held radio and utilize the funds to purchase the large capacity washing machine. Recommended motion: Move to award the purchase of a large capacity washing machine to Darling's Sales and Service Company based upon their low, qualified, responsible bid in the amount of $5,764.95 with funds to be appropriated t~om 101-42200-5180 and with the difference of $573.95 from Fire Department Fund 101-42200- 2010; and furthermore, to authorize the Mayor and City Manger to enter into an agreement with Darling Sales and Service to purchase a heavy duty washing machine. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 12, 2001 AGENDA SECTION: CONSENT AGENDA NO: W - A ITEM: Authorize Purchase ofT-Shirts and Youth Sports Equipment NO: ORIGINATING DEPT.: Recreation BY: Gregg Gagnon ~ DATE: March 9, 2001 CITY MANAGER BACKGROUND: On January 22, 2001 the Recreation Department received authorization to secure bids for the purchase oft-shirts and youth sports equipment for the 2001 season. We sent bid specifications to fifteen companies, and received eight (8) t-shirt bids and five (5) equipment bids. Below is a list of the bids received by the Recreation Department. T-Shirts Athletic Outfitters - Sporting Goods Inc. - Taho Saturn Sportswear - Fitzharriss Sports - Daves Sport Shop - Raghead Sportswear - All Service Screen Printing Pro-Motion Apparel - $9,177.90 $10,315.43 $10,398.74 $10,499.00 $11,106.80 $11,572.84 $11,583.80 $12,157.69 Equipment Steichen's Sports Store - $8043.55 Daves Sport Shop - $9,000.00 Sporting Goods Inc. - $9,073.98 Metro Athletic Supply - $9,531.45 Athletic Outfttters- $10,301.70 RECOMMENDED MOTION: Move to award the purchase oft-shirts to Athletic Outfitters based upon their low, qualified, responsible bid in the mount of $9,177.90 with funds to be appropriated from 881-45001-2170; and furthermore to authorize the Mayor and City Manager to enter in an agreement for the same. MOTION: Move to award the purchase of youth sports equipment to Steichen's Sports Store based upon their low, qualified, responsible bid in the amount of $8,043.55 with $5,343.28 to be appropriated from account 881-45001-2170 and $2,700.27 to be appropriated from account 101-45003-2170; and fuahermore to authorize the Mayor and City Manager to enter in an agreement for the COUNCIL ACTION: Admin\CC-Bondrefproposal CITY COUNCIL LETTER Meeting of: 3/12/01 AGENDA SECTION: CONSENT AGENDA ITEM: AUTHORIZATION TO REPLACE HUSET PARK BLEACHERS WITH FOUR SETS OF ALUMINUM BLEACHERS FROM EARL F. ANDERSON INC. ORIGINATING DEPARTMENT: PUBLIC WORKS BY: K. DATE: CITY MANAGER BY: F,..~~ DATE: Background The Bleacher Safety Act was passed by the 1999 Minnesota legislature and went into effect August 1, 1999. The law requires all cities and other orga~tza~ons owning bleachers to comply with the Bleacher Safety Act by January of 2001. Due to negative feedback from bleacher owners and lack of a funding source, revisions to the law were made by the 2000 Legislature. The deadline for compliance has been changed from January 1, 2001 to January 1, 2002 and the five-tier bleather standards have been relaxed. The revision provides that all existing and new bleachers 55 inches and lower without guardrails are exempt and do not require a Certificate of Compliance. In response to the 1999 law, $20,000 was budgeted in the 2000 Parks Capital Improvements to retrofit or replace bleachers. On March 7, 2000 the Council authorized the retrofit of six bleachers for a cost of $8,304. On August 14, 2000, the Council authorized replacement of three bleacher sets at a cost of $8,200. The remaining four bleachers, originally purchased in 1970, were scheduled to be replaced in 2001. Analysis/Conclusions The City currently owns 13 sets of bleachers. Technically, all of them are in compliance with the Bleacher Safety Act (revised) due to the fact that none of the bleachers exceed 55 inches in height and that six bleachers have been retrofitted with guardrails. The remaining fore bleachers, all located in Huset Park, are recommended to be replaced to provide a uniform level of safety for the community and consistent appearance. They are not suitable to retxofit because of their poor condition and/or use of wood planking material. This item was reviewed by the Park and Recreation Commission at their February 28th, 2001 meeting and it is their recommendation to the Council to replace the remaining bleachers to complete the replacements for the City. $12,000 was budgeted for bleacher replacement in 2001. Staff recommends replacement of fom (4) sets of bleachers, each five row, 21 foot in length, with risers, double foot planked foot boards, a 48 inch center isle, and a chain link guardrail system. Placement would be Huset field #5. All of the bleachers that have been replaced to date have been purchased from Earl F. Anderson, Inc. For reasons of design and maintenance, staff recommendation is to stay with the same vendor. We have received the following price quote: Earl F. Anderson, Inc. $11,756.92, which includes sales tax and delivery. Recommended Motion: Move to purchase four (4) sets of aluminum five-tier bleachers from Earl F. Anderson, Inc. of Bloomington, Minnesota, in the amount of $11,756.92 including tax and delivery from Fund 41245200-5180. COUNCIL ACTION: CITY COUNCIL LETTER AGENDA SECTION: CONSENT AGENDA ITEM: CAPITAL EQUIPMENT REPLACEMENT: AUTHORIZATION TO REPLACE THE MELROSE BOBCAT, #217, FROM THE MINNESOTA STATE PURCHASING CONTRACT WITH A JOHN DEERE SKID STEER LOADER - MODEL 260. Meeting of: 3/12/01 ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER Background: Equipment Unit #217 is a Melrose Bobcat Skid-Steer Loader, Model 753, purchased in 1991 for $12,800, and was originally scheduled for replacement in 1999. This ufflt is primarily used in the Street and Park Departments. It has 2,267 hours of recorded operation and has ahistory ofsteering problems. The shop supervisur, Steve Synowczynski, has evatuated the overall mechanical condition and rated it as fair, although the loader hydraulics will Y~cely require an overhaul in the next year. The operators have reported that it lacks power to effectively accomplish digging operations and has a tendency to tip forward when unloading supply items that are delivered to the shop, such as pallets of chemicals. The 2001 Streets Capital Equipment budget has $28,000 designated for the Capital Equipment Replacement of mftt #217. Analysis/Conchsions: The City owns six attachments for Unit #217 which are as follows: an auger, snow bucket, chrt bucket, lifting forks, clam bucket and 10' backhoe. The history of use has revealed that the clam bucket and 10' backhoe are rarely used, and staff is recommending that they be traded-in. Public Works staff uses the auger, snow bucket, dirt bucket and lifting forks extensively. The auger is worn out and needs to be replaced. The snow bucket and the dirt bucket are small in capacity and do not mate to the State Contract machineandstaffthereforerecommendstheirreplacement. The lifting forks are ni good condifion and will match with any skid- steer loader, In the past year Public Works has field demonstrated various makes and models of skid-steer loaders and has evaluated their operational and mechanical capabilities as they relate to the work that will be done in the city. Staff recommends the purchase of John Deere Model 260, for reasons of better visibility, lifting capacity and break out force. The John Deere Model 260 is available off of the State of Minnesota State Purchasing Contract from RDO Equipment Company. RDO Equipment is offering a trade-in of $9,050 for the existing Bobcat #217 with bucket attachments and $4,000 for the 10' backhoe. Recommended Motion: Move to authorize purchase of one (1) John Deere Model 260 skid-steer loader, equipped with dirt bucket, snow bucket and auger attachments from RDO Equipment Co. of Bumsville, MN in the amount of $25,475, deducting $13,050 trade-in value for a purchase price of $12,425, plus sales tax, with funding appropriated from the Streets Capital Equipment Fund: 431-45200-5180. The price includes trade-in of the existing Bobcat skid-steer with bucket(s) and backhoe attachments, and delivery to Public Works. Attachment: Manufacturer information sheet COUNCIL ACTION: 200 Series Skid Ste e r 360-degree visibility is your window · Unique vertical lift system* has a greater reach than conventional skid steers, allowing quicker and more precise loading and dumping. · 69-hp John Deere 3029T turbo- charged engine with direct- injection, exclusive wet-sleeve design and high-ring pistons starts easily and is extremely fuel-efficient. · Excellent 360-degree visibility makes for much safer and productive operation in confined areas. · Steep 45-degree dump angle and high 35-degree bucket rollback make for more efficient load carrying and quicker cycle times. · Two-speed system available for up to 12-mph ground speed. 2o60 Engine ........................................... 3029T Displacement .................................... 179 cu-in. (2.9 L) Cylinders ....................................... 3 Gross horsepower ............................... 72.4 (54 kW) Net horsepower ................................. 69 (51.5 kW) Rated engine speed ............................... 2,400 rpm Fuel capacity .................................... 20 gal. (76 L) Pedormance: SAE rated operating capacity ....................... 2,200 Ib. (998 kg) l~pping load ..................................... 4,818 Ib. (2,187 kg) Breakout force [bucket] ........................... 6,700 Ib. (3,039 kg) Ground speed Single-speed .................................. 6.5 mph (10.5 km/h) Two-speed, low ................................ 7.0 mph (11.3 km/h) Two-speed, high ............................... 12.0 mph (19.3 km/h) Max axle torque ................................. 6,266 ft-lb. (8,496 N.m) Operating weight ................................ 7,900 Ib. (3,584 kg) Hydraulics: Hydraulic pressure ............................... 3,100 psi Hydraulic pump Standard flow ................................. 19.4 gpm (88.2 Ipm) High flow ..................................... 31.3 gpm (1185 Ipm) Auxiliary hydraulics ............................... Standard Hydraulic horsepower Standard flow ................................. 35.1 hp (26.2 kW) High flow ..................................... 54.8 hp (40.9 kW) Built-in boom lock ................................ Yes Dimensions: Length less bucket ............................... 115 in. (2,921 mm) Length with bucket ............................... 138 in. (3,504 mm) Width less bucket ................................ 76.9 in. (1,953 mm) Height to ROPS .................................. 82.9 in. (2,105 ram) Height to hinge pin ............................... 127 in. (3,226 ram) Dump height .................................... 102 in. (2,591 mm) Dump reach ..................................... 32 in. (813 ram) Dump angle (at full height) ........................ 45 deg. Bucket rollback (at ground) ........................ 35 deg. Wheelbase ...................................... 48.3 in. (1,227 mm) Ground clearance ................................ 11 in. (280 mm) Angle of departure ............................... 27 deg, of opportunity, · Quick-lift cab, removable side panels and easy-access rear door permit easy servicing and reduce downtime. · Quik-Tatch attachment plate is compatible with most third-party attachments and is designed for easy, quick hookups. (Specifications and design subject to change without notice. All specifications measured per SAE standards with the Worksite ProTM Dirt and Found~J Bucket.) *Patent pending DKE984148(OO~)2) Lithe in U.S.A. CITY COUNCIL LETTER AGENDA SECTION: CONSENT AGENDA ITEM: AUTHORIZATION TO PURCHASE AN ASPHALT MR,LING/COLD PLANER ATTACHMENT FOR THE MT TRACKLESS FROM MACQUEEN EQUIPMENT. Meeting of: 3/12/01 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS Background: Public Works has been interested in purchasing an asphalt milling/cold planer attachmant for the MT Trackless or skid-steer loader, for approximately ten years. The asphalt milling/cold planer is recommended for repairs to street sections abutting manhole covers, concrete curb and gutters, driveways, parking lots, potholes and utility cuts. The nccd for asphalt excavation in these particular examples can bc kept to a minimum by milling. In newer street sections, repairs to street cuts duc to utility breaks should bc made curb to curb to minimize future repair costs; this requires milling of the existing street sections for a proper transition. Analysis/Conclusions: There were several reasons why the request for purchase was delayed until 2001, they are summarized as follows: Prior to the Street Rehabilitation Program, the streets were in marginal condition that limited the effectiveness of milling operations. (Examples: shallow depth of bituminous, extensive alligatoring) The hydraulic system of the (old) MT Trackless and the 753 Bobcat skid-steer was not capable of operating an asphalt milling/cold planner attachment. The Public Works Depax hllant did not want to purchase an attachment until field-testing and demonstrations of various makes and models were conducted by City staff. The continued improvement of the condition of our local street system has allowed street department staff to use (demo) a milling machine in the patching process. The (old) MT Trackless was replaced in 1998, and the new model is capable of operating an asphalt milling/cold planer. The existing Bobcat skid-steer is not capable of this type of attachment but is scheduled for replacement in 2001. During the past couple of years the Street Department has field- tested and utilized various makes and models of asphalt milling/cold planer attachments for the MT Trackless and skid-steer loaders. Staff recommands purchasing an asphalt milling/cold planner attachment for the MT Trackless for the following reasons: Utilizing milling in street repair operations can reduce the amount of material needed to make repairs where excavation sizes are reduced; this in turn also minimizes the disruption of service. The MT Trackless can be driven on local streets to the work site. A skid steer is typically trailered. Dual operation: The skid-steer could be used to clean up the milling site while the MT Trackless is in the process of milling. This would improve the effectiveness of the crew. COUNCIL ACTION: CITY COUNCIL LETTER AGENDA SECTION: CONSENT AGENDA ITEM: AUTHORIZATION TO PURCHASE AN ASPHALT MILLING/COLD PLANER ATTACHMENT FOR THE MT TRACKLESS FROM MACQUEEN EQUIPMENT. Meeting of: 3/12/01 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hansen BY: DATE: 3/6/01 DATE: Authorization to purchase an Asphalt Milling/Cold Planer Attachment Page 2 · Operator preference - control, visibility and safety are primary issues The primary uses of a milling attachment are as follows: Streets: Repair of streets - utility cuts, preparation for seal coating, damage from frost action, curb line repairs, parking lot repairs, miscellaneous street repairs and street section adjustments for surface flow issues. Utility: Repairs caused by frost heave at utility stractures. Parks: Repair~fbitumin~ustrai~sandwa~ks~repairt~~theraspha~tparkfaci~itiessu~hasbasketba~~ courts, hockey rinks, and tennis courts. The Asphalt Milling/Cold Planner attachment is manufactured for the MT Trackless by Alitec, but is a proprietary item because of the specialized mounting system for the MT. It is available offof the 2001 State of Minnesota purchasing contract through MacQueen Equipment. Pricing from the State of Minnesota purchasing contract is as follows: MacQueen Equipment: $13,995.00, plus tax (delivery, manuals, and operator training are included). $15,000 was budgeted in the 2001 Streets Department Capital Outlay budget for this equipment acquisition. Recommended Motion: Move to authorize purchase of one new asphalt milling/cold planer attachment for the MT Trackless, from the State of Minnesota purchasing contract vendor, MacQueen Equipment in the amount of $13,995.00, plus sales tax, from Fnnd # 101- 43121- 5180. KHOb ARachment: Equipment Information COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 3/12/01 AGENDA SECTION: CONSENT AGENDA NO: ~t-~ -~ ITEM: ACCEPTANCE OF FEASIBILITY REPORT FOR WATER SERVICES AND STREETSCAPING - PROJECT 9912-A AND ESTABLISHING THE PUBLIC IMPROVEMENT HEARING FOR APRIL 16, 2001 ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER A copy of the Feasibility Report was distributed as part of the 2/20/01 Work Session package. Background: On January 22, 2001 the City Council adopted a resolution ordering the preparation of a feasibility report for Central Avenue water Services and Streetscaping. The Council has previously accepted a feasibility report for Street and Utility Improvements at its regular meeting on December 13, 1999. That report included utilities: sanitary sewer, storm sewer and water main and street reconstruction which includes center medians. concrete curb and gutter. bituminous pavement and concrete sidewalk. Analysis/Conclusions: Staff presented, at the February 20th, 2001 Work Session, a feasibility report for two improvement types that have identified assessments as part of their funding sources - Water services and slzeetscaping: Water services Water services are proposed to be replaced within the project area from 37t~ to 43rd Avenues. Sizing will be replaced in-kind, but with a minimum service size of 1 inch, consistent with City Code. The services would be replaced from the new main line to the properly line and include: a wet tap with corporation valve, copper or DIP service line and curb stop at the property line. Assessments are proposed for actual construction cost for all commercial/multi-family property and flat rates of $900 and $1,500 for single family properties on the west and east sides of Central, respectively, Streetscaping Streetscaping has been designed following the general themes identified in the Downtown Master Plan and includes decorative street lighting, colored and banded concrete sidewalks, new trees and gates and other amenities such as color and material coordinated planters, trash receptacles and benches. The concrete color is typically selected after contract award based upon actual mixes poured in the field as samples. Tree locations may need flirther adjustment in the field based upon fronting property input and visibility needs. Proposed Assessments Water services: Water services are proposed to be based on actual construction cost for the size of service replaced. Single family residential properties are proposed at $900 for 1 inch for the west side of Central and $1,500 for the east side of Central. Streetseaping: Streetscaping is proposed to be assessed on a front foot basis for all property on both sides of Central from 37th to 43'a Avenues, exclucVmg single-family parcels. Two rate zones have been established: a higher rate for the 'core' downtown area from 39th to 41't Avenues where the treatments will be more intense; and a lower rote from 37th to 39th and 41~t to 43'd Avenues as the treatments are less intense. The amount proposed to be assessed is indicated as one of three alternatives: 25%, 33%, and 50% of the total project costs. A different preliminary assessment roll is attached showing the rates and proposed assessments to each property based on the three alternatives. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 3/12/01 AGENDA SECTION: CONSENT AGENDA NO: ITEM: ACCEPTANCE OF FEASIBILITY REPORT FOR WATER SERVICES AND STREETSCAPING - PROJECT 9912-A AND ESTABLISHING THE PUBLIC IMPROVEMENT HEARING FOR APRIL 16, 2001 ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hamsen BY: DATE: 3/8/01 DATE: Feasibility Report for Water Services & Streetscaping Page 2 Other Issues: At the February 20th and March 5m Work Session, City staff and the consulting finn of BRW discussed other issues such as: · Reservoir Boulevard design · 37th Avenue intersection operation · Other median openings · Parking Issues · Prior Public Meetings and Input · Access to businesses during constxuction · Metro Transit issues · Coordination with the City of Minneapolis · Project schedule Recommended Motion: M~vet~waivethereading~fRes~~uti~nN~~2~~~~29~therebeingamp~ec~piesavai~ab~ef~rthe public. Recommended Motion: M~vet~ad~ptRes~~uti~nN~~2~~~~29beinngaRes~~uti~nacceptingtherep~rtf~rCityPr~ject~999~ 12A: Centxal Avenue Water Services and Streetscaping improvements and calling for a Public Improvement Hearing on April 16, 2001. rd~:jb Attachments: Resolution BRW letter dated February 22"a, 2001 COUNCIL ACTION: RESOLUTION NO. 2001-29 BEING A RESOLUTION RECEIVING THE REPORT FOR CITY PROJECT 1999-12A: CENTRAL AVENUE WATER SERVICES AND STREETSCAPING IMPROVEMENTS AND CALLING FOR A PUBLIC IMPROVEMENT HEARING WHEREAS, pursuant to Resolution 2001-04, adopted by the City Council on January 22, 2001, a report has been prepared by Mr. Keyin Hartsen, City Engineer, with reference to the following improvements: CITY PROJECT 1999-12A: CENTRAL AVENUE WATER SERVICES AND STREETSCAPING IMPROVEMENTS FROM 37TM AVENUE TO 43RO AVENUE and this report was received by the Council on March 12th, 2001 WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective and feasible, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the Council will consider the improvement of such sU?eets in accordance with the report and the assessment of abutting property (frontage and/or parcel unit) as well as non-abutling property (frontage basis) on the closest intersecting sffeet for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $895,000. AND BE IT FURTHER RESOLVED that a Public Hearing shall be held on such proposed improvements on the April 16, 2001 in the Council Chambers located at 590 40th Avenue N.E. at 7:00 p.m., and the City Manager shall give mailed and published notice of such hearing and improvement as required by law. Dated this 12m day of March, 2001. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: BY Mayor Patzicia Muscovitz, Deputy City Clerk BRW, Inc. February 22, 2001 Mr. Kevin Hansen, PE Director of Public Works City of Columbia Heights 637 38th Avenus NE Columbia Heights, MN 55421 Re: Central Avenue (T.H. 65) Improvement Project City Project 99-12 Dear Kevin: We have reviewed our previous correspondence, meeting minutes, notes and have had follow up discussions with MnDOT related to two issues discussed at City Council Workshop. The issues involve parking along Central Avenue and improvements to Reservoir Boulevard. Our findings are presented below: Parking along Central Avenue This issue was initiated in the early stages of the project when the project scope was limited to the area between 37th Avenue and 40th Avenue. The sequence of events that led to the current design alternative is presented below: BRW prepared a traffic analysis for the segment of Central Avenue between 37th Avenue and 40th Avenue. The final draft of the document was dated August 1998. MnDOT reviewed the preliminary version of the traffic analysis prepared by BRW, Inc. and made comments related to parking along Central Avenue (August 3, 1998 comment letter). MnDOT indicated that all par'king had to be eliminated on the west side of Central Avenue between 37th Avenue and 39th Avenue. MnDOT indicated that they would close all median openings between 37th Avenue and 39th Avenue if the parking was not removed. Public meetings were held to obtain feedback from business owners along the corridor. The meetings were held in an attempt to determine where on-street parking was essential for the business owners. The public feedback was then presented to MnDOT in an attempt to allow a portion of the on-street parking to remain in this corridor. MnDOT concurred with the plan as it exists today. Thresher Square 700 Third Street South Minneapolis, MN 55415 612.370.0700 Tel 612.370.1378 Fax BRW, Inc. Mr. Kevin Hansen, PE February 22, 2001 Page 2 Recent conversations with MnDOT indicate that removal of on-street parking is a key element to the project receiving funding. If the City decides to pursue the issue further with MnDOT, the project would be routed back through the Cooperative Agreement Selection Committee. The City is currently scheduled to receive $756,000.00 in Cooperative Agreement funds for the project. If the project is moved back into the Selection Committee, the most funding that could be received is $540,000.00. MnDOT indicated that they were willing to analyze the issue further, however, the City should be aware of the financing implications associated with further MnDOT review. Reservoir Boulevard The proposed plan depicts a narrowed median opening on Reservoir Boulevard at the intersection with 37th Avenue and Central Avenue. The existing five-leg intersection was analyzed during the early stages of the project. Several options were developed for the intersection and included closing Reservoir Boulevard or converting Reservoir Boulevard to a one way street. The options were presented to the City, and subsequently to the public at an Open House held on August 18, 1998. The majority of the comments received at the Open House indicated that something needed to be done at the intersection to improve traffic flow, traffic safety and pedestrian safety. The comments received from the Open House were considered in preparing the present design alternative for the intersection. The existing design was selected for the following reasons: The narrowed throat was implemented to "calm" traffic along Reservoir Boulevard. The slower traffic will be more consistent with a residential street. Parking was left in place along the southeast side of Reservoir Boulevard to be more consistent with a residential street. The narrow throat will allow pedestrians to cross the street in a shorter amount of time. The curb lines were extended out further into the intersection to reduce the amount of open asphalt at the intersection. This will aid in channelizing traffic at the intersection. The traffic volumes do not warrant two lanes of approach at 37th Avenue for southbound Reservoir Boulevard traffic. The Average Daily Traffic (ADT) for Reservoir Boulevard is 1,500 vehicles per day (Central Avenue is 22,000). During the PM peak hour, 41 vehicles approach the intersection on BRW, Inc. Mr. Kevin Hansen, PE February 22, 2001 Page 3 Reservoir Boulevard. Northbound Central Avenue has 1248 vehicles and westbound 37th Avenue has 469 vehicles. The existing signal system is not fully actuated. The proposed signal system will be fully actuated. This will allow for better signal operation and should reduce delay times at the intersections for vehicles. For the proposed signal, if there are no cars stopped on southbound Reservoir Boulevard, the signal will skip that phase and cars waiting on Central Avenue or 37tn Avenue will have shorter wait times. Both the parking issues and the Reservoir Boulevard issues were resolved to date with input from City Council members, City staff, residents, business owners and MnDOT. We can pursue other options at these locations if requested by the City. MnDOT indicated that they would not be as concerned with revisions to Reservoir Boulevard as they would be with parking issues. We hope this clarifies any issues that were left unresolved at the Workshop. If there are any questions or concems, please call me at (612) 373-6506. Sincerely, BRW, Inc. Kevin P. Kielb, P.E. Project Engineer CC: Jon Hom/BRW File 33910 004 1001 CITY COUNCIL LETTER Meeting of: March 12, 2001 AGEN~DA SECTION: CONSENT ~--A' ~ ORIGINATING DEPARTMENT: CITY MANAGER'S NO: CITY MANAGER'S APPROVAL ITEM: 2001-2003 AFSCME LABOR AGREEMENT : . : NO: : - - : Municipal Employees, representing clerical and technical employees, terminated on December 31, 2000. Negotiations between the City's negotiation spokesperson and AFSCME resulted in AFSQME filing for mediation. Mediation was held on February 6, 2001, and resulted in a mutually acceptable labor agreement for calendar years 2001, 2002, and 2003. Waqes: 2001: 2002: 2003: 3.5% adjustment over 2000 wages 3.5% adjustment over 2001 wages 3.5% adjustment over 2002 wages Insurance: 2001: $475 per month 2002: $505 per month 2003: $535 per month (2000=$455 per month) Holidays: Addition of language whereby part-time Liquor Operations employees required to work on any of the following holidays: Memorial Day, Independence Day, Labor Day, Christmas Eve Day, shall be paid an additional $.50 per hour for all hours worked on such holiday. Deferred ComDensation: Employer shall pay on a dollar-for-dollar matching basis; $325 per full-time employee for 2001; $325 per full-time employee for 2002, and $350 per full-time employee for 2003 (2000=$300). For part-time employees working 1,560 hours or more per year, employer shall pay on a dollar for dollar matching basis up to $245 per employee for 2001, up to $245 per employee for 2002, and up to $265 per employee for 2003 (2000=$225). Attached is a resolution which would adopt and establish the changes as negotiated for calendar years 2001, 2002, and 2003. The total cost package over the three years is 11.24%. Also attached is a Uniform Settlement Form. Minnesota Statute 179A.07, Subdivision 7, requires completion of a Uniform Settlement Form (Form). The Form is applicable to contract negotiations between exclusive representatives and all public employers, other than Townships. The Bureau of Mediation Services (Bureau) is charged with developing the Form and related instructions for compliance with the statute. Pursuant to that charge, the Bureau has adopted the attached Form to meet the requirements of this legislation. The Form is not intended to be a report of a public employer's labor costs or a substitute for the costing by labor or management of their collective bargaining proposals. Its purpose is limited to fulfilling the requirements of Minnesota Statutes 179A.07, Subdivision 7. It is the intention of this legislation to provide a standard basis for public employers and the public to compare the economic elements of collective bargaining settlements. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 12, 2001 AGENDA SECTION: CONSENT NO: ITEM: 2001-2003 AFSCME LABOR AGREEMENT NO: ORIGINATING DEPARTMENT: CITY MANAGER'S BY: LINDA L. MAGEE DATE: 3-1-01 Page 2 of 2 CITY MANAGER'S APPROVAL BY: DATE: The attached Form must be presented to the governing body of each public employer at the time it ratifies a collective bargaining contract. The Form must be available for public inspection during normal business hours within five (5) calendar days after ratification by the public employer. The difference between the percentage change from baseline reflected on the Uniform Settlement Form and the total cost package is attributable to the fact that the form includes cost of movement through the wage schedule. This is not included as a part of the total cost package of the City unless there is a change in the wage schedule (ex., added step, etc.). Thus, if the new dollars for wage schedule movement and the corresponding social security, retirement contribution, and long term disability premium attributable to the wage schedule movement were subtracted, the change in baseline would be the same as the total cost package. Likewise, if all members of the bargaining unit were at the maximum of their range, the change from baseline and the total cost package would be the same. RECOMMENDED MOTION: Move to waive the reading of the resolution, there being ample copies available to the public. RECOMMENDED MOTION: Move to adopt Resolution 2001-31, being a resolution regarding the Labor Agreement between the City of Columbia Heights and the American Federation of State, County, and Municipal Employees, effective January 1, 2001- December 31, 2003. COUNCIL ACTION: RESOLUTION 2001-31 REGARDING LABOR AGREEMENT BETWEEN CITY OF COLUMBIA HEIGHTS AND AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL NO. 495 WHEREAS, negotiations have proceeded between the American Federation of State, County, and Municipal Employees (AFSCME) Council No. 14, Local No. 495, representing clerical and technical employees of the City, and the City's negotiating spokesperson, and said negotiations have resulted in a mutually acceptable contract for calendar years 2001, 2002, and 2003; WHEREAS, a copy of said contract is available at the Office of the City Manager and is made a part hereof by reference; NOW, THEREFORE, BE IT RESOLVED that the contract agreement, as negotiated, be and is hereby established as the salary and fringe benefit program for calendar years 2001, 2002, and 2003 for AFSCME bargaining unit employees of the City; and BE IT FURTHER RESOLVED that the Mayor and City Manager be authorized to execute this agreement. Passed this __ day of ,2001. Offered by: Seconded by: Roll Call: Gary L. Peterson, Mayor Patricia Muscovitz, Deputy City Clerk February 8, 2001 CITY OF COLUMBIA HEIGHTS PROPOSAL TO THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES AS A RESULT OF MEDIATION HELD FEBRUARY 6, 2001 ARTICLE XVII. INSURANCE 17.1 The EMPLOYER will contribute up to a maximum of four hundred seventy-five dollars ($475.00) per month per (permanent and probationary full-time) employee for calendar year 2001, up to a maximum of five hundred five dollars ($505.00) per month per (permanent and probationary full-time) employee for calendar year 2002, and up to a maximum of five hundred thirty-five dollars ($535.00) per month per (permanent and probationary full-time) employee for calendar year 2003, for employee life insurance, group health insurance (including dependent coverage), and long-term disability insurance. No retroactive insurance benefit payments will be made to any employee terminating employment during calendar year 2001 prior to Council ratification of a 2001 employer contribution rate for insurance. ARTICLE XVIII 18.8 Pan-time Liquor Operations employees required to work on any of the following holidays: Memorial Day Independence Day Labor Day Christmas Eve Day shall be paid an additional $.50 per hour for all hours worked on such holiday. 18.9 Renumber current 18.8 to 18.9. ARTICLE XXV. WAGES See Appendix A, B, and C. As a form of additional compensation, the City will contribute $1 per permanent and probationary full-time employee toward a City-sponsored deferred compensation program for every $1 contributed toward such City-sponsored deferred compensation program. Such contribution will not exceed $325 for calendar year 2001, $325 for calendar year 2002, and $350 for calendar year 2003. As a form of additional compensation, the City will contribute $1 per permanent and probationary part-time employee, who is regularly scheduled to work 1,560 hours or more per year, for every $1 contributed by such employee, toward a City-sponsored deferred compensation program. Such contribution will not exceed $245 for calendar year 2001, $245 for calendar year 2002, and $265 for calendar year 2003. ARTICLE XXVI. DURATION This AGREEMENT shall be effective as of January 1, 2001, and shall remain in force and effect until December 31, 2003. CITY COUNCIL LETTER AGENDA SECTION: Consent u/_/h_q ITEM: Conditional Use Permit NO: Case# 2001-0303, 2261 37th Ave NE Meeting of: March 12, 2001 ORIGINATING DEPT.: Community Development BY: Tim Johnson DATE: March 7, 2001 CITY MANAGER APPROVAL Issue Statement: Dan Terzich, Manager of Ace Hardware, is requesting a Conditional Use Permit to allow for the operation of a seasonal greenhouse to be located on the southeast comer of the parking lot at 2261 37th Ave. NE from April 1, 2001 through/uly 31, 2001. Background: This will be the 8th year for seasonal greenhouses at the Frattalone's Ace Hardware location. Analysis: The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and the property will still meet minimum parking requirements after the placement of the tent over seven (7) parking spaces. According to Section 9.113(2)(a) of the current Zoning Ordinance, open sales lots are only allowed as a Conditional Use within any "RB" District. The proposal is consistent with zoning regulations. Please note that the Fire Department has reviewed the plans and has expressed no concems with the proposal. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on March 6, 2001. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the condition listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the operation and placement of a temporary 21 X 48 foot tent for the display and sale of green and flowering plants from April 1, 2001, through July 31, 2001, at 2261 37m Avenue NE, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to the display of the tent on the site on the lot. Attachments: Staff Report,' Completed Application Form; Site Plan; and Public Notice COUNCIL ACTION: H: Tim's FilesCL Ace Hardware 2001-0303 Case: 2001-0303 Page 1 Case #: STAFF REPORT TO ~ PLANNING AND ZONING COMMISSION FOR TIm. MARCH 6, 2001 PUBLIC HEARING 2001-0303 GENERAL INFORMATION Owner: Larry Frattallone Address: Arden Hills, MN Phone: (651) 484-3327 Parcel Address: 2261 37m Ave. NE Zoning: RB - Retail Business District Comprehensive Plan: C- Commercial Applicant: Ace Hardware 2261 37mAve. NE ColumbiaHeights (763) 788-9455 Surrounding Zoning and Land Uses: Zoning North: R-3 South: RB East: RB & LB West: RB Land Use North: Multi-family residential South: Vacant East: Commercial West: Commercial BACKGROUND Explanation of Request: IDan Terzich, Manager of Ace Hardware, is requesting a Conditional Use Permit to allow for the placement of a tent measuring 21 x 48 feet for the display and sale of green and flowering plants from April 1 through July 31, 2001. The display is to be located on the southeast side of the · parking lot at 2261 37th Ave. NE. Approximately seven (7) parking spaces would be used for tent sales in front of the Ace Hardware store. Case History: th 8 Frattalone's Ace Hardware has operated seasonal greenhouses on this property for e last years. ANALYSIS Surrounding Property: RB Retail Business is the existing zoning on the subject parcel and on property to the south, east, Ca.~: 2001-0303 Page 2 and west. The zoning to the north of the subject parcel is zoned R-3, Multiple Family Residential, and is used for multi-family residential purposes. The area east across McKinley Street is zoned both R.B, Retail Business, and LB, LimitedBusiness, and is used commercially. Property south of the subject parcel within Columbia Heights is used as open space by the Lion's Club and is zoned RB, Retail Business. The proposed use will be consistent with the character of the surrounding property. Technical Review: The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and the property will still meet minimum parking requirements after the placement of the Ixee display area over seven parking spaces. The o.perati.on should not hav.e any effect n vehi.cular acces.s for the site, as the adjace.nt parki.ng lot proposal is consistent with zoning regulations. ( Please note that the Fire Depat hnent h~i~) rewewed the proposal and has no concerns regarding it. ~ Compliance with City Comprehensive Plan: The Land Use Plan Map designates this area of Columbia Heights for future commercial activity, including retail sales, offices, and service businesses. The proposal is consistent with the intent of the City Comprehensive Plan. Summary: The positive aspects of this petition are as follows: I. The proposal is consistent with the Columbia Heights Zoning Ordinance and Comprehensive Plan. 2. Similar type uses have operated for each of the past eight years on a seasonal basis. CONCLUSION Recommended Motion: Move to reco~d Ci~ Co~cil appmv~ of~e Condition~ Use Pemit to fllow ~e placement of a 21 x 48 foot tent Br ~e display ~d s~e of~een ~d flowering pl~ts from April 1, t~ou~ July 31, 2001, at 2261 37m Avenue ~ subject to ~e Bllowing con~tion: 1. A $500 d~osit shall be submi~ed to the License~emit Clerk prior to display of ~een ~d flowering pl~ts on ~e lot. Attachments: Completed Application Form; Site Plan; Site Map; and, Public Notice Application For= Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other X CITY OF COLUMBIA HEIGHTS Dt / Application a · ~' Receipt .o; ql TA 1. Street Address of Subject Property= 2. LeSal Description of Subject Property= 2261N.E. 37th Avenue Owner= 5. Description of Request= ConditFonai Use Permit ~gnin~: Applicable City Ordinance Number Present Zoning Present Use Section Proposed Zonina Proposed Use Reason for Request= to a| low the p}acement of a tent in the parking lot for the 'purpose Tent Size: ~t ' X ~ 8 8. Exhibits Submitted (maps, diagrams, etc.) AcknowledRment and Si~nature: The undersi~ned hereby represents upon all of the penalties of law, for the purpose of inducin8 the City of Columbia Heights to take the action herein requested. that I statements herein are true and that all work herein mentioned will be done in acc dance with the Ordinances of the City of Columbia Heights and the laws of the Stat innes 4// /~) Signature of Applicant:~~~'~ Date: Taken By: '1 0 0 GflRDEri' , ANAfL NEWSPRING PLANT MERCHANDISER The GARDEN MART is designed to be a low.cost, movable sales 'building for added spd.ng ~ear m~y~en~s to plant sales, It can be quiddy set up in any retail parking lot. The GARDEN MART offers ~owycu~p~ a~ protection for your 'quality" plants and shopping comfor~ for yoi~; customeEsj' meirhest, They wi.'ll buy more' on those colds'Wet spring days,. :~ '.l-;..- lion system operates manually and requires no electida. Installs and func*,ions much like any sliding door. For minimum ventilation ~Check Our "LEASE, MART" Finance Plan simply push panels open a iittie. For a lot of air movement push '='* No Payments In Off Seasanti ot0en all the way, If maximum ventilation is desired. me panels can E' be completely removed as shown at;ova, Just, lift and pull out. GARr'EN MART shown wi~ POL~/-VENT closet. In its lowered co- sleigh. PC Lv-VF_NT drc0s completeiy to me ground to aJIow for great venttalon anc a vieN Of r,"OCUC:, ,&'ore ~1,a gt.~i~e. ~ no~e v :' .~il~! of protug:. :nrougn ~he c~ear paW end panel. The GARDEN MART -/ Shown agave i~ a GARDEN MART/mine wire me new $UDE-S~OE vefmlauod system msmJled. The dear Daneis. macie ol dout)le wailed pofycaroonate. will not shatter Or CraCX. They are aimget inde~e ye! suOe' ligntwegnL Eaay to install an, d o~erate. No Price Increase from Includes udder and lower ~encn suppens, No~ bench 21'x 30' STILL ONLY s2 25oo '~4; 21'x48'-3,160.00 21' x 6O' - 3,990.00 Galvanized Bench Packages Complete bench top ~,stem fan 21' x 30' o 768.00 using ms unmue Quic~ Lok'~'system. Built to -3k'21' x ~8' - 1,344.00 he strong and clean. SharO comers have 21' X 60' - 1,728.00 been roundeo aff and bench tops stad~ ttgtqtty ~ 1-800-852-3443 BOX 458 CAS LE ROCK, MN 55010 MORE on the GARDEN MART... DOES THE WIND EFFECT THE GARDEN MART? NO._The skel~ al me ,;,4~',i sm3ws N secret of holding me GARDEN MART in place during high win~. 1. Hangrag 0asksis are hung frofit purlIns attac~ed. titrecUr to me ttooOs. This transfets all ~asket .weNeiqt to individual hoeeL 2. The weight of all tim. pallets attcl benc4q toes ruts on ~e unioue "udt-in bench supl~nl. Agmn. henc~ suOgorts are firmly altocried to ~ac~ neap. 3, Heaw/. water fillecl ~unes or conc~et~t 13toclc~ met directly on me grcuna aria lower rnemner of tn · Denc~ · ,'upOo~s. (Over S.O00 oounds of water or ~ 6.000 gounds of c~ncrete alocx nslOs ~e GM-60 in place. ) The comenee wegnt of baskets. fiats. side ~encrsing and water ,'uces cr ~ncrete ~tock is Concentrated along I~offi sides of the GARDEN MART. This Comi)ined weight firmly anc:~ors me GARDEN MART against vetocol and ss'a~gnt line wsnas. HOW DOES THE POLY-gENT II SIDE OPERATE? TheGAROENMART'ePaly-V~ntlIsldGSCanlXoNn :,,.. or ctc~la to maxjm~ze~L__e)~mlt comfolt and elent'" protection; Close me ~:les con~ to keep out rawsgdngwinda. Onmcetday'%openme,.k:losfot m~mum ~a. ~fiov, mmugi~ customers to s~op f'mrn oul~e eAR DEN MART, One mail blower inflame me Poly-Vent Ii tuee~When irfffmed. - PaW-vent II sam out cokl and wind with 6-inc, qes of insulating air sEaco. PaW-Vent II sides on your GARDEN MART 8dc2s weeks to your selling season, leerig you sTar~ osrty in me spring and sell late into me t-,uL This means added sales and prafr'.s in ,vat Jr pockeL Optional galvanized t~encn tops increase dis;lay flexibility. Cans;ruc:ed Of 16 go. roll-formed steel, t~ese sturcy bench tops create uo to 972 sq. · of t',No-tiered discl,~y seaca in the 60' model. Up0er bench to~,s measure l'-G' by 8'-07, !owe,'.ieencn top: orb 3'-0' by C' STICK-ONS Large (6'x27'} ~umr:er s~icker type signs are [nc!uded. i~rlgn~. easy to read signs can he permanently' attached to trte GARDEN · MART. 12 s~gns included. Make uD many p~rases such as. "BEDOING PLANTS" or 'GAROEN SUPPLIES.' 0ecorative flowers included. ~enc~ tar3 endc~os simply rest on side and center henc,~ supports. Benc~ sacfranc I;ff off easily to make room for large oisclay items or to create ins;ant aisles. FAX 1-507-663-0365 = Re. BOX 458 CASTLE ROCK, MN 55010 1-800-852-3 3 CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights. mn. us rud Yuh~ ~s PLANNING AND ZONING COMMISSION NOTICE OF PUBLIC HEARING Notice is hereby given that the Planning and Zoning Commission will conduct a public hearing in the City Council Chambers of City Hall, 590 N.E. 40th Avenue, at 7:00 p.m. on Tuesday, March 0, 2001. The order of business is as follows: A request for a Conditional Use Permit to allow the placement of a tent for the display and sale of green and flowering plants from April 1 through July 31, 2001 in the parking lot for 2261 N.E. 376' Avenue, Frattailone's Ace Hardware. Section 9.113(2)(f) of the Retail Business Section of the City Zoning Ordinance requires a Conditional Use Permit for Open sales lots. Notice is hereby given that all persons having an interest will be given an opportunity to be heard. For questions, you may contact Tim Johnson, City Planner, at 763-706-3673. Planning and Zoning Commission CITY OF COLUMBIA HEIGHTS Walt Fehst City Manager kp The City of Columbia Heights does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its services, programs or activities. Upon request, accommodation will be provided to allow individuals with disabilities to participate in all City of Columbia Heights' services, programs and activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in advance. Please call the City Council Secretary at 706-3611, to make arrangements. (TDD/706-3692 for deaf or hearing impaired only.) THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THI~ BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES CITY COUNCIL LETTER Meeting of: March 12, 2001 AGENDA SECTION: Consent NO: ITEM: Conditional Use Permit NO: Case #2001-0302, 4300 Central Avenue ORIGINATING DEPT.: Community Development BY: Tim Johnson DATE: March 7, 2001 CITY MANAGER APPROVAL BY: ~/~~ Issue Statement: Mr. Peter Linder of Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Permit to allow the operation of a temporary "mini garden center" (Flower Mart) and retail sales in the easterly portion of the parking lot of Central Valu Mall, 4300 Central Avenue, from April 15, 2001 through July 7, 2001. Background: This will be the tenth year Linder's Greenhouses, Inc. will operate their greenhouse in the same location. Analysis: Section 9.113(2)(a) oft he Retail Business Section of the current Zoning Ordinance requires a Conditional Use Permit for accessory structures. The attached site plan illustrates the configuration of two structures plus a patio area in front. This site plan and configuration remains unchanged from previous years. A fence will enclose the patio and connect to each structure. The greenhouse structures will be the same as last year with four, six foot doors remaining open at all times during business hours. There will be at least four tim extinguishers in the Flower Mart and all smoking will be prohibited. The principal uses of the subject parcel are preexisting and comply with zoning regulations. Existing parking exceeds zoning requirements, and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. Recommendation: The Planning and Zoning Commission held a Public Heating for the request on March 6, 2001. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the one condition listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow the operation of a temporary greenhouse/retail sales at 4300 Central Avenue from April 15, 2001 through July 7, 2001, subject to the following condition: 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. Attachments: Staff Report; Completed application form; Correspondence from Mr. Linder; License Agreement,' Certificate of Insurance; Site plans; Public Notice COUNCIL ACTION: ~ ~;~i~ '~5~-Case: 2001-0302 '~'~ ~' "::' Page I Owner: Address: Phone: Bradley Real Estate 2100 N. Snelling St. Paul (651) 63 1-0340 Parcel Address: 4300 Central Avenue Zoning: RB - Retail Business District Applieanti Linder's Green~oUses,'Ine. - 275 W. Wheelock Pk St. Paul, MN 5517 (651) 488-6717 Comprehensive Plan: C- Commercial. .,,; '.: ,'~¥¥.! ,,,'.~ and Land Uses: North: LB South: LB . South: Co~ercial East: Commercial East.' RB West.' R-2 West: Residential BACKGROUND Explanation of Requesu Mr. Peter Linder of Linder's Greenhouses, Inc. is requesting approval of a Conditional Use Pennit to allow the operation of a temporaxy "mini garden center'~ (Flower Mart) and retail sales in the easterly portion of the parking lot of Central Vaiu Mall, 4300 Central Avenue, from April 15, 2001 through July 7, 2001. Case History: This will be the 10m year Linder's Greenhouses, Inc. will Operate their greenhouse in the same location. Surroundine Property.' ' Limited Business and is used commercially. The property across Central Avenue to the east is zoned RB, Retail Business and is used commercially. The area west of Central Value Mail is zoned R-2, Single and Two Family Residential and is used residentially. ~thcRet~ ~s Section of the Zomng Ordinan -. .,. iii Ipia lifid c"on S ' ""r ? """ "" se patio'and,~o'n~i~t~{~ac'h:"...(...?,'.'."~"r'.' . s~x foot doors~.:!:. .~ ; .' will bc at lea~t fouF~r~'~tihgujshers' ."" in the Flower Mar ~ The principal uses'ofthesUbjcct parcel are preexisting and comply with zoning ' parking ~ix~e~di!~'nifi~ "':~':~'~" requirements, and adequate parking will be maintained after placement of the accessory structures over this portion of the parlcing lot, A narrative from Linder's Corporate Office attached for your review. A license agreement between Rainbow Foods and Linder' s Greenhouse is also attached. Please note that the Fire Deparmaent has reviewed the proposal and has no concerns regarding it. - ('; ,C~Ci~'/~ ' ~:~'~'(~-',~ ~ - ~, ,;'<LL s'[..' - ' . j. .:'./'i(;?i'?~':':;:: ,:'%:/-i'~ :;<'5. :, : - :.~'s '~,,~.',,~' ' ':. The Land Use Plan Map designates th~'s are/~;f'C~i;mibia Heights for futur~ c~mmercial activity, including retail sales, offices, anct service bt/sinesses. The proposal is consistent with the intent of the City Comprehensive Plan. !i',:(' ~(~ >,':'." ~.,':~..~ ,:~5):~ ~,(~ (;/: ThepositiVeaspectS0fthisp~titi0ii'K/eTasfollowS:,~'!/'.:'~,r- 1. The proposal is cousistent'~tith<fii'CoI~fii~iHeighiSZ0ning Ordin~Tr::);"'i~:: 2. The proposed use has operated fo~ach"6fthepast nine years over a simii~ ~e p~od and has operated without any significant ~omplaints. 3. The proposal is consistent with the intent of the City Comprehensive Plan. The negative aspects of this petition are as follows: I. There do not appear to be any negative aspects. co. Cx usxor Staff Recommendation: Staff recommends approval of the Conditional Use Permit provided a $500 deposit is submitted to the License/Permit Clerk prior to the installation of the smtctures on the site to ensure their removal at the end of the approved time period. Recommended Motion: Move to recommend approval of the Conditional Use p~mi,t to allow the operation of a temporary greenhouse/retail sales at 4300 Central Avenue from April 15, 2001 through July 7, 2001, subject to the following condition: ', ". 1. A $500 deposit shall be submitted to the License/Permit Clerk prior to installation of the structures on the site. Attachments: Completed application form; Correspondence from Mr. Linder; License Agreement; Certificate oflnsurence; Site plans; Public Notice .: Rezoning ~'VariadCe ': ~;~:'i Privacy "':" ': :S .". ' "' . 5. Descrfptlon of q: . :~: '/: ~, ':,. ~". Applicable Ci'ty Ordinance:Number ........ .,:Section . , P~E. sent Zoning_ ' :~ '~ Proposed Zon~nS ..... Present Use ' ~" ~"' ' -' · - P:opoee~ u~e 7. Reason {or Requeatt to a l low che'operacloh:of~.a ~f~porary m{nl ~urden 'center ~:: . .~ :~u~.~' %~. '... easterly portion of the parkin9' lot'f~om."' .' . "': ,~ '. . . ': '.: ,:::.;. .'. ,' .' ·., ".: :: .: ... - 9. Ack~ovZed~menL Bad SSKna~u~e~ ~he ~det~Sn~dhe~eb7' ~ep[elen~e .upon ~ZZ o~ ~e · .' - pena~es o~ lay, ~o~ ~he pu~po~ o~ ~6uc~g ~be C~L7 of, Columbia ~e~gh~e to.take the -' action he~e~n requested; ~ha~ 11~ e~at~men~ ~ere~ are ~e a~d ~h'at ~ZZ '~o~k ~e~e~n'" men~toned will ben ~Ce~ an:e '~lth~ Or:din~nces of t,h(~ City 'o~ Col~b~a ::: ::: :':: :: :..,:..,..,':..,.. n r p , Taken By,.__ TO AND BECOME A PART OF THAT CERTAIN LEASE AGREEMENT IN THE CENTRAL VALU MXLL SHOPPING CENTER. EXHIBIT A CITY COUNCIL LETTER Meeting of: March 12, 2001 AGENDA SECTION: Consent ORIGINATING DEPT.: CITY MANAGER L]_ A ~ I { Community Development APPROVAL NO: Case # 2001-0304, 4952 Central Avenue NE , Issue Statement: This is a request for a Conditional Use P w n ermit to allo a stro g beer and wine license at 4952 Central Avenue NE. The applicant currently has a Conditional Use Permit to operate a the bar and restaurant in the building, but the beer and wine license will intensify the use which requires a review of the Conditional Use Permit. Background: Tycoon's Bar and Restaurant has been in operation since they obtained a Conditional Use Permit in 1977. The current owner is now selling the business and the new owner has expressed a desire to draw additional clientele with the addition of strong beer and wine to the menu. Analysis: Pertinent licensing requirements for a beer and wine license are as follows. (1) It must be in conjunction with a restaurant or hotel. (2) A wine license requires seating for no less than 75 people and requires a minimum of 1 parking space for each three seats, which requires 25 parking spaces. These 25 spaces have been provided as shown on the site plan attached, including one handicap space. The floor plan indicates that there will be 77 permanent seats. (3) For a beer license, minors are only allowed to remain on the premises if the licensee derives no more than 20% of its gross revenues generated on the premises from the sale of beer and has a minimum seating capacity for at least 100 persons at booths and tables only, or if the premises is a bona fide club. The floor plan indicates that there are only 77 seats in the restaurant, so a beer license is not allowed unless minors are not allowed in the restaurant. (4) For a wine license 60% of the annual gross receipts must result from the sale of food. (5) For a wine license, the restaurant must not be within 200 feet of the center of the main/front door of a church nor within 300 feet of a school building~ These distances have been met as Central Middle School is more than a block away from Tycoon's Bar and Restaurant. Recommendation: The Planning and Zoning Commission held a Public Hearing for the request on March 6, 2001. They voted unanimously to recommend City Council approval of the Conditional Use Permit subject to the conditions listed in the recommended motion. Recommended Motion: Move to approve the Conditional Use Permit to allow a wine license at 4952 Central Avenue NE, subject to the following conditions. t. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Trash containers located on site shall be enclosed by a fence, so as to be removed from public view. 3. Twenty-five (25) parking spaces proposed will need to be striped and maintained. 4. Seventy-five (75) permanent seats will need to be maintained for On-sale wine. Attachments: Staff report; Application form; Seating plan; Site Plan; Narrative; and Public Notice COUNCIL ACTION: Cas~: 2001-0304 Page: 1 Case #: STAFF REPORT TO THE, PLANNING AND ZONING COMMISSION FOR ~ MARCH 6, 2001 PUBLIC HF~ARING 2001-0304 GENERAL INFORMATION Owner: Ron Karon Appl~icant: Address: 4952 Central Avenue NE Columbia Heights, MN 55421 Phone: (763) 438-0355 Parcel Address: 4952 Central Avenue NE Zoning: RB, Retail Business Comprehensive Plan: C - Commercial Surrounding Zoning and Land Uses: Zoning North: RB South: RB East: RB West: R-2 BACKGROUND Ok Cha Kwon 9142 Nevada Avenue North Brooklyn Park, MN 55445 (763) 425-7765 Land Use North: Commercial South: Commercial East: Commercial West: Residential Explanation of Request: This is a request for a Conditional Use Permit to allow for intensification of the current Tycoon's Bar and Restaurant by adding on-sale wine at 4952 Central Avenue NE. The applicant is proposing to buy the business and add some additional items to the current menu. The restaurant will contain approximately 76 + seats as required for operations serving beer and wine and will -maintain the same name and hours of operation. Case History: The only case history on file is the former conditional use permit request that was approved in 1977. ANALYSIS Case: 2001-0304 Page: 2 Surroundin~ Property: The surrounding property on the north, south and east is zoned RB, Retail Business and is used commercially. The property to the west is residential and is zoned residentially. Technical Review: The subject property is zoned RB, Retail Business District, and Section 9.113 (2) of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants in the RB District. Minimum Yard and Density Requirements are as follows: · Lot Width shall be at least 50 feet - The subject parcel is approximately 59.5 feet in width. ~ · Lot Area shall be at least 6,000 square feet - The subject parcel is 11,602.5 square feet. · Front Yard Setback shall be 15 feet - The existing structure is approximately 25 feet from front property line. There shall be at least one 10 foot side yard, the other side yard can be zero feet - The side yard setback from 50th Avenue is approximately 17 feet from property line; The other side yard setback is approximately 5 feet. This requirement is met. Rear Yard Setback shall be 10 feet - The existing building is approximately 112 feet from rear property line. The floor area ratio shall not exceed 1.0 - the property does not exceed this requirement. Need minimum frontage of 40 feet - subject parcel has 59.5 feet of frontage along Central Avenue. Lighting shall not exceed 3 foot candles at property line- The lighting on site does not exceed this requirement. The applicant is not proposing any structural changes to the building. Parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there will be 76 seats in the bar/restaurant which require 25 parking spaces. There are a total of 25 legal parking spaces proposed for the existing site including 24 spaces on the west side of the building and one proposed handicap accessible parking space with an eight foot access aisle located on the east side of the building. However, the parking spaces shown, as well as the handicap space and access aisle shown on the site plan will need to be striped and the signage posted in front of the handicap space. The existing parking pattern has been to utilize the parking area adjacent to the building on the north side. Staff however is recommending that this parking area not be striped as accessible parking because a portion of the spaces would actually be in the City fight of way. We do recognize however, that the clientele will probably continue to park in this area as it is most accessible to the building. The existing loading area is located on the nor'~hwest comer of the building, adjacent to the back door. Solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained for such purposes. The site currently has an open dumpster area visible to passerby. Staff recommends that the dumpster area be enclosed by a fence and placed near the back side of the building as shown on the site plan submitted. Case: 2000-0925 Page: 3 There is currently a one bedroom rental unit upstairs from Tycoon's that is licensed. However, the new owners have indicated that they are not planning on maintaining this as a future rental unit. ffthis unit is rented in the future, additional parking would have to be provided for the tenant. Compliance with City Comprehensive Plan: The City Comprehensive Plan designates tttis area for future Commercial development. One goal of the Land Use and Redevelopmerit Plan is to improve the commercial viability of the Central Avenue corridor while protecting nearby residential neighborhoods. The intensification of the currant restaurant and bar business by adding on-sale wine should not negatively impact any nearby residential areas, and will be consistent with the City Comprehensive Plan. The positive aspects of this proposal are as follows: 1. The proposal is consistent with the City Comprehensive Plan and minimum requirements The negative aspects of this proposal are as follows: 1. There do not appear to be any negative aspects to this request assuming conditions are met. of the Zoning Ordinance are being met. The proposed intensification of the bar and restaurant will be an appropriate addition to the current site and will allow for the business to attract additional clientele. CONCLUSION Sta~'Recommendation: Staff recommends approval of the Conditional Use Permit to allow for intensification of the current business by adding on-sale wine in the Retail Business District, subject to the conditions listed in the recommended motion. These Site Plans have been reviewed by Public Works, and there appear to be no major concerns. Recomm ended Motion: Move to recommend City Council approval of the Conditional Use Permit to allow for intensification of the use and for the addition of On Sale Wine for Tycoon's Restaurant at 4952 Central Avenue NE, subject to the following conditions: 1. All required state and local codes, permits, licenses and inspections will be met and in full compliance. 2. Solid waste material shall be so located and fenced as to be removed from public view, and shall be kept in an enclosed building or properly contained in a closed container for such purposes. 3. Twenty-five (25) parking spaces proposed will need to be striped and maintained. y 5,fla~e-s 4. Seventy-five (75) permanent seats will need to be maintained for On Sale Wine. Attachments: · Completed application form; Seating Plan; Site Plan; Narrative; and Public Notice CITY OF COEUHBIA HEIGHTS A~lication For: Rezoning Variance Privacy Fence Conditional Use Permit Subdivision Approval Site Plan Approval Other X Application Date: Case No: ,~F~/9/ Fee= $120.00 Date Pai Rec. pt q/ 1. Street Address of Subject Property: 4952 Central Ave. N.E. 2. Legal Description of Subject Property, 5. Description of Request: 4. Owner: Name: ~ ~J. ga-ook~P~ Address: Phone, C7~ Conditional Use Permit Review Zoning: Applicable City Ordinance Number Present Zoning Retail Business Present Use Restaurant with 3.2 Beer Section Proposed Zoning Proposed Us~estaurant with On Sale Wine 7. Reason for Request: Intensification of restaurant by addinq On Sale l.llne which requires a minimum of 75 seats which in turn requires additional parklnq. ~ 8. Exhibits Submitted (maps, diagrams, etc.) Acknowledgment and SiKnature= The undersi~ned hereby represents upon all of the penalties of law, for the purpose of inducing the City of Columbia Heights to take the action herein requested, that all statements herein are true and that all work herein mentioned will be done in accordance with the Ordinances of the City of Columbia Heights and the laws of the State of Ninnesota. : '. Si~nature of Applicant: ~ . r~. > Date: · ~ Taken By: ~ [] I o Rest Rest I ~j:). !ng,zi~om=RoomRoom ' b -~ .r I .. o o Kitchen. I 56'~ Din~aR°°m Bar Area 7-> ~> N FLOOR PLAN Page37 Math3.2001 T~:oon's Tavern & Grill is applying for a conditiofial use permit to allow us to serve stror~ beerand'wine. Our customers have been aeki~ for it for years. Our suppliers have a ~rdr-H:ult time providing us with a vadeiy in 3.2 beer that customers like. Today, many people enjoy a glass of wine with their meal. We feel to stay competitive in todays restaurant ertvirotwnent, itiscmcial toprovide our customers wili~ a much bettar vafey of options to be induded wilh their meals. Thar~you, I , I-I CITY COUNCIL LETTER Meeting of: March 12, 2001 AGENDA SECTION: NO: ITEM: NO: Establish Heating Dates License Revocation, Rental Properties ORIGINATING DEPARTMENT: Fire BY: Dana Alexon DATE: March 7, 2001 CITY MANAGER APPROVAL DATE: Revocation or suspension of a license to operate a rental property within the City of Columbia Heights is requested against the following owners regarding their rental property for failure to meet the requirements of the Residential Maintenance Codes. 1. Syed Raza ......................................................................4616 & 4622 Tyler St. RECOMMENDED MOTION: Move to Establish a Hearing Date of March 26, 2001 for Revocation or Suspension of a License to Operate a Rental Property within the City of Columbia Heights against Syed Raza at 4616 & 4622 Tyler Street NE. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: March 12, 2001 AGENDA SECTION: NO: ITEM: NO: CONSENT Approval of Rental Housing License Applications ORIGINATING DEPARTMENT: Fire BY: Dana Alexon DATE: March 7, 2001 CITY MANAGER APPROVAL BY: 4/~j~/-' DATE: Approval of the attached list of rental housing license applications, in that they have met the requirements of the Housing Maintenance Code. Recommended Motion: Move to approve the items listed for rental housing license applications for March 12, 2001. COUNCIL ACTION: Occupanv I.D. 10500 20090 10032 10120 30143 20120 34013 30035 10045 30072 20279 20247 20383 10002 10026 20007 Property Owner Name Anoka County Community Action Program Mark Carlson Khusro Hasan Gerald Hinrichs Connie Johnson Chenfeng Lee Wayne Lindgren Robert Mikulak Joseph Otremba Kenneth Pearson Candace Peickert-Arndt Nelia Schaff Lee Stang Thevendra Thuraisingham David Utke Robert Vandeveer Property Address 4349 5th Street 5019 Jackson Street 1820 Fairway Drive 4349 Arthur Street 3801 Van Buren Street 679 46th Avenue 4210 Quincy Street 228 40th Avenue 330 44th Avenue 3915 Lookout Place 1415 Parkview Lane 4228 Madison Street 1140 45th Avenue 1000 41 st Avenue 3947 Arthur Street 4636 Taylor Street Permit # F4447A F4295 F4541 F4507 F4527 F4589 F4621 F4617 F4289 F4136 F4320 F4440 F4310 F4223 F4608 F4606 03/07/2001 10:42 Page 1 CITY COUNCIL LETTER Meeting of: March 12, 2001 AGENDA SECTION: N0: ITEM: License Agenda NO: ORIGINATING DEPT.: License Department BY: Kathryn Pepin j~ DATE: March 9, 2001 CITY EAGER APPROVAL BACKGROUND/ANALYSIS Attached is the business license agenda for the March 12, 200~ City Council meeting for the renewals for 2001. At the top of the license agenda you will notice a phrase stating *"Signed Waiver Form Accompanied Application". This means that the data privacy form has been submitted as required. If not submitted, certain information cannot be released to the public. RECOMMENDED MOTION: Move to approve the items as listed on the business license agenda for March 12, 2001 as presented. COUNCIL ACTION: license agenda TO CITY COUNCIL March 12, 2001 *Signed Waiver Form Accompanied Application 2001 BUSINESS LICENSE AGENDA APPROVED BY CONTRACTORS LICENSED AT FEES BUILDING OFFICIAL *Attracta Sign *The Carpenters Contracting *Levasseur Plumbing *Panelcraft of Mn. *Plumb Right *Sela Roofing & Remodeling *Tetra Firma Estates, Inc. *Weld & Sons Plumbing *Greg Wills Exteriors 2415 Annapolis Ln N. 1105 County Rd. 19 1010 Ferndale St. N. 3118 Snelling Ave. S. 1216 - 82" Ave N. 41 O0 Excelsior Blvd. 750 N.W. 4th St. 315 Juneau Lane 4246 Royce St. 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 50.00 TREE SERVICES PUBLIC WORKS DEPT. *Bluemel's Tree & Landscape 551 Drew Dr. 50.00 license agenda BI:::C F:'IIqANC:IAL SYSTEM 03/09/~7001 08 :: 19:5':2 F;'LJND F;~EI:Z;AF:': FLJND :OE,SCF;:II::'TIOI'I 101 20 ;L 202 ~()3 204 205 2;~3 225 235 240 250 265 270 376 412 415 431 60 602 603 604 609 653 701 720 880 88:1. 88~ 885 88~ 887 GIEEZblIEiZF::AI... COMrdIJNITY DIEVIEI...OF:'MIEE:NT F:'UbID ANC)I<A CCILJlqTY CI)BG F:'AF~K'.,,':I:IEW V:I:!...!...A I-.IC)I:;FrH EC:CllqC)MI(::: DIEi:VE:L.CIF:'MEi:I'-IT ~U'IF'H SIE:CT:I:C)N 8 I::'AFRKVIEW V:I:I...I_.A SOUTH C A B L. liE: T E L.. E V :I: S :l: 0 N REI'-ITAI... I--tC)USII',IC~ I_. :l: BF;:ARY [:C!I... HGHTS AF:'TEF;~ SCHOOL Et',IRI C'ONF:'ISC~TED/F:'I:)F;~F:'E:I:TED F:'ROP DAF:,'IEE: I::'I:;~C)JIEi:C'T TAX :IZN(:F;~IEE:MEt'4T BCJI,ID,S CAF:'ITAL. IMF:'I:~CIVIE[MIEi:I'-IT I::'AF;~KS C-AF:':I:TA!... :I:MF:'F;~IZ:./VIEMIEE:NT - F:'IF;,' CAP EQU]:F:' I:;~IEE:I::'I...ACIE:-GIE~:I"IIEE:I:;~AI... WATEF:~ UT:I:!...:I:TY ,SEWEF;~ U"FtI...ITY F~Ii[FUSI~E: I':'IJI',ID ,STOI:;~M SE:WER UTII...ITY L. :I: QU OR ,STOI:;~M SEWER C:ON,S'f'FkU{:;T.. F:'UI',ID CIE:IqTF~AL C:jARA(:-;E DATA I::'I:~:OCE,SSII',IG F'EF~M:I:T ,SUF;~CHAF;~GE COIqTI:;,'IBUTIE?:I) PROJEC:TS---I:;,'EC :[ I'-ISIJF;:~NCE ESCI:;,'OW :l: NVIE::STMIEE:IqT TF;:UST F'I...EX BEI'iEF:'IT 'I'F:aj,ST I::'UI',II) 'T'O'T'AL. AI...L. F;'I.JNDS BAt,IK F;~IiE:CAI::': BAIqI< I,IAMIE BANI< CI.-IIEE:C::I<:II'-IG ACCOUI',II' "FC)TA!_. ,:~l...I... BAI'-IKS Check H:i. stol"y DISBURSEME:I'iTS 5:1., 568 .. 63 :l. !, :1.60., 68 144 .. 48 9, :I. :1.7.98 i , 899 .. 4:1. 296. :1.9 7,30:1. . 56 I , 220 ,. 84 5.,22 7,445 ,, 30 I , 798 .. 82 51 ,,92 185 ,, 06 13,288 ,. 95 4,009.,41 2,646.94 2,637.50 4,765..57 2,065 .. 89 I , 294., 62 110 .. 00 163,565 .. 41 85., 55 1:1., 400 ,. 62 977.23 99 .. 48 413 ,. 48 6,488 .. 15 244,364 .. 47 2,020 .. 49 i , 734 .. 92 544,164 .. 77 I) I SBUI:;,'SEMIEE:NTS 544 , 164 .. 77 544,164 .. 77 Check H:i. story 3/:1.2/()1 [i;[]UNCIL BAN K VEZNDOF;,' CHEZCK NUrlBlii]:,: AMOtJNT BANK CHE[]K]:I,K3 ACCOI. JI,Ff' AT & T [:::[:]N,<EE;UP1ER [..EZA,c.~E: :(:fiE]...LBOY BAF;~ ,SI. JF:'F'L.Y :Ed::]..J...]E~[:]Y [:,X:]F;:F:*[:]F~ATIC]N BE:F;,'C:j/F;ZANDE:L.. :[:~RA:DI...E:Y RE::~L. IEST~TI:::S :[NC [:;L.AF;ZK F:OODSE:F;~blCE C:C}CA-COI...A B[]"f'TI...IN[::i C[:]LUM[:d:A !"IE:I[:~HTS I I)ANI<A :::::::::::::::::::::::::IMAC')ING C[:] DE:L. TA DE:NTAL. D ]: E:TZ/MAL. ]:)U[:-]]:)AL.E:/IvJ~F;~Y EA[::iI,.E W:!:I'IE: [;[:]MF:'A,NY EA,<i~T S]:DI!i: Blii:VE:F;ZA[3E C[] GE]'ILIINE PARTS/NAF:'A ~LJT[:] HC]MIE DE:F:'OT f-J2802 :I:MMACUI...~TE [:;ONC!:::PT:E[]N jOI"I!'qSON :[:d:;~O,<~,, I.,.:l:[;:~l..J[:]J:;: CCJ. JC]HNS[]N PAF:'E:R & SUF:'PL.Y C LAKE COIJNTF;~Y [;H~F:'TER I,..IETS F'L,AY S[:]FTB~L.L. MA[:; QUEE]q I:::QUIF'ME]qT CC].. MARK ',/I I D:[ST. MAS :1: [::A/[:;[:]NI'I :i: E MN REE:C & F:'K ASS[:][:: .... MIr'~P N~TI[:]N~I... I...li::AGIJE: C]I:z CITIli[ NE:I COLL. E:GE:: [:]1::' "f'l:i:[:~l"ll'l[:]!...C](:~ OHMAN/DCIUG F:'E:I::"SI-[:::[:]I...A-7 U!::' F:"ETTY CASH .... C:I:ND:[ t',IIL. L.F" F:'HILL.IF:'S W:I:hIE: & SPIF;-'/Y'S QUAI...]:TY W:[NE: & SF:'IR]:TS F;:E]_IANT E:NE]:;,'GY M:i:NNE:[:~SC F;:I:::'Y'AIL. ][)~TA ,<i~YSTE:MS [:IF:'M F~'.[]B I [:;H[:]NS THOMF'SON/[::HARL. IE UI'IITED RI:E],FFAL. S UN:I:VE:RS:I:TY C]F: MII'.INESO]*'A WII',IE: [:::[]MF:'ANY/THE: W:[NE ME:F;~[::H~I"ITS '.'KCI:::L..EI'IE:F~:[3Y (Iq S F:') ADVANCED [:3Fi~AF:'HI[:S SY,<:rrE]~I AIqOI<A [:::[XJI,Ff'Y H:;~(:]F"E:RTY RE ASS(:)C (:IF: 'rF;ZA:[NING []FrF'CF'~S B ]: F' F' ' S, I 1,1[:: .. BONE'.:E~TE:E]._/F:'AUL., [::::I:TY WIDE t,,I:I:NDOW SE:RVIC:E: 91050 47 ,, 82 9105:i. 379.28 91052 7,568 .. 20 91053 7.00 9:L054 11,344.47 9:L055 :[67 .. 72 9:[056 293.54 91057 4,506.82 91058 394 .. 57 91059 44.20 91060 7 :J.. 49 91. 061 310 ,. 00 91062 240., 20 9:L063 :I. 5,299 ,, 45 9:t064 :t3.85 9:1.065 :L '35 .. 31 9:L066 1,520,00 91067 10,995 ,. 86 91068 202 ,, 47 91069 :L 75.00 9 :t 070 25 ,, 00 9107:1, :1. 50 ,. 00 91072 484.80 91073 90 ,, 00 9:t074 340.00 91075 400 ,. 00 91076 547., 99 9:1.077 :1. 85 .. 00 91078 60 ,, 00 9:L079 22 .. :1. 1 91080 34 , 994 . 09 91081 6,687., 27 91082 32,897.78 91083 48.00 9:1. 084 200 .. 00 9 :L 085 52., 00 91086 2,100. :1. 8 9:1.087 200 ,, 00 91088 213., 40 9:1.089 70 .. 94 91090 2,054 .. 91 91091 :1. 48 ,. 99 9 :t 092 15,837.06 91093 400 ,. 00 91094 140 ,, 52 91095 70 .. 07 9 :!. 096 :J. 5., 98 BI:;~C F:'INAN(]IAI... ,SY';-~TErd CITY (IF= C:OL..L/MBIA I..II~{IGHTS 03/09/20<>1 08 C!'~ecl< History GL. 540R...-V06 ,, 27 F:'AGE 2 3/12/01 COUNCIL. B A N K V E I-,I D [)R CI.-IEE~K I~IUMBER AMOUN'T' BAI'IK (:;Hlii:CK:I:NG AC+C~OUN'T' [;Ot~IC:RE'T'E F'AVING AS,~i~:OC [:If::' I)AVEE:; 'jH:'OR'T' SIqOP I{{: I) L .. U I',f I) / I) 0 R I N 1) A F :l: SCHI~:F~/TED F:'L.ANAGAN SAL. E~ :I:NC GEI'IU:I:NIE F:'AI:~'T'S/I'N¥:'A AUTO I"l A l'l S E N/K E V I N HOME DH::'O'T' ~2802 METROCAL..I... ATT MI~:SS~GIN MII'INE:SO'T'n GF:'OA .... L. OR:I: WE M 'T' :l: D :l: S T R I BUT :1: NG MUI'IICIF:'AL. TOY COMF:'ANY :EM I'IE:[ COL..L..EGE OF:' TECHNOL. OG I'IEVCO SCOREBOAI~D COMPANY I'K:~RTI"IEAST ~YT'AI'E BANK OH::':[CE DEF:'OT F:'E 'TRU(:::C :l:/M I KE F:'E'T'TY CASH C:I:MD:C WIL.L..F:' F:'ETTY CASH .... RAREN MOEI...I... F:'ETTY CASH .... MAI:~Y DUGDAL F:'ITNEY BOWE~; I._OUISV:I:L..L.E POSTAGE BY PHONE SYSTEM F'F~IOF;: WII'IE QUAL+.:[TY W]:NE & SF:'IF~]:'T'S QWEST COMMLIN:I:CAT'IOMS QWEST DEX R!YT'A:I:L. DATA SYSTEMS OF:' M RODDY/W :l: L.L. :1: AM RO'FHSTE I N/~I)AM SCI"I:I:I,IDL. EF~ EL.EVATOF< CORF' SOLANDEF~ }; BnF~T L.O~SING/ S T~R 'T'F~ I BUNE STATE TI:~I~:nSUF;:EF~ BL..D UM:I:VERS:I:TY OF M:I:NNE:SOT~ VEF;::[ZON W:I:REL+ESS VOIGTS BUS COMPAN:I:E:S WESTCO TT/JOE XCEL.. I~:NI~:I:~GY (M S F:') YOLING/KATHY AF:'F:':I:N:FT'Y H._US FEDEF~AL. CR F:'IRST (:::C*~MUN:I:TY CF;:ED:I:T U HE~L,TH F:'AF~TNERS :I:C:MA F;~ETIREMENT 'T'RL,IS'T' 45 MI'I CHII...D SUH::'OI~T I::'AYMI~:NT kIORWE~YT' BANK .... PAYF;I)L.L.. ~ ORCHAF~D TF;:UST COMF:'ANY (:)~:l: EDUCATION SERVtCI~:S I 91097 100.00 91098 ~28 ,. 48 91099 332.81 91, 1.00 39.78 91101 4,009.41 91. 102 23 ,, 91103 46 ,, 14 91104 29.50 91105 66 .. 55 9 ;I. :1.06 30 .. 00 91107 120 .. 00 91. 1. 08 168 .. 00 91109 705.60 9:L :L 10 55 ,. 37 91 :L 11 2,020 ,, 9;L 112 ;L31 ,. 37 91113 250 .. 00 9:L].:L4 6,.99 9:L 1 :L 5 80., 40 911 :L6 :L 54., 82 91117 2;f'.2..45 911 ;L 8 6,000., 00 911 :L9 I, 208 .. 6~:~ 9 ;I. ]. 20 882., 74 91121 184 .. 65 91123 198.52 91 :L24 89 .. 45 91125 256 ,,95 91126 180.5 :L 91127 40 .. 67 91 :L 28 3,549 ,. 91129 30 .. 00 91130 630 .. 00 91131 lol .. 69 91 :L 32 ;?.81 .. 88 91133 :L 13 .. :[0 91.1.34 4~,014.66 91135 27 .. 80 91 :L38 584 ,. 77 91137 I, 980 .. 00 91 :L 38 42, 1 :l. 1 .. 14 91 :L39 :1.2,071 .. 66 91 ;I. 40 808 .. :L 6 9114:1. 150,873 .. 90 9114;~'. 7,452.88 91143 105 .. 00 BF;,'C I::' :[ I"IANC :[: AL.. ,SYSTlii:M C :1: TY OF:' C[)I...IJM]E~ I A HE I (31"1TS 03/09/200:!. 08 GI...540F~-V06..27 F:'AG!.=:: 3 C he c k I"1 i s to ry 3/:1.2/O:1. [:~[:)UI;IC:!:I.. B A b t I< V E:h I I) O R [:;Hlii:Cl< I'.!LJMBI~:F;~ AM[:)UbI"f' BAI'.II< CHI?~ZI::;KII'-IG ACCOI,.JI'-I]" PEI:;~A F:'UBL:[C MAblAGEF;~,S A'~i~'~OC:[AT UN:[OI',I 320 IJlq:['T'I~:D WAY W:I: DEF:'ARTMI~:NT [)1::' REVI~ZNUE: A & C SMAI_.I... EN[3ZI:NE A[2E: i"IARDWARI~: ADAM ' S PEZST' CONTF~OL, INC ALEX AIF~ APPARATU~ INC AL.L F:[RE TE:ST :I:NC AI,.,L. SA:I:I',IT~ BI:~AND D:I:STRIB AMER:[CAIq F:'LJBI...IC WOF~KS AS AMI~:I:~ICAhl WATE:F;~ WOI:~KS ASS AM!~:I:~ :l: I::'1:~ :[ DE AN[)KA COLJblTY .... ES ASF:'E:N M ]: I.,,L..S, INC., ASSOC OF MI',I EMERGENCY MA BAKEF~ & TAYI...OI~ CONT. SI~:I:~ BARNA GLJZY & STEF:'F:'I~:N !_.'FD B :1: !":'F:' ' S , :1: NC ,, BLUE RIBB[)bl CHI~:M-DRY BOOK WHOI.,.E:SAI..,ERS :I:NC BOOKME:hi :I:I',IC/THE BF;~ODAF~T CADD/I~:hlGINEI~:I:~ING SLJPPL. Y CAF~D:[NAI... SERV:I:CES CA'f'C[) PARTS SERVICE CEbl]"ER F:'OR ENERGY/ENV:I:I~O CI~:!',I"f'RAL CHISAGO L,.AKI~:S D:[STF~:[BUTI CIGblA BEHAVI[)F;~AI... HE:ALTH CI...AI:~K F:'OODSEF~VICI~ IblC COCA'-'-COI,..A BOTTI.,.:I:bIG MIDWE: CO!... HGTS FIF~EFIGHTERS AS [::[)bI'f']:blENTAL. SAFETY EQU:!:P CI:~E:I:GHTOI'.I BF~AD!...EY GLJZZET CF;~YSTI~:I~:I... "f'I:~UCK EQU:I:I::'MEhlT DANKA I)AVII~:S""I',I[)RTHIERN WATI~:R WI< DEI_.I~GARD TOOL CO,, DI~:TERMA!',I BI:~(:)WN:I:!~:, :I:NC DI...T SOLUT:I:ONS DOYI.,,E LOCK SUPPI,..Y EAGI,..E WINIng: COMF:'ANY EAST S:[DI~: BE:VE:RAGE C[) I~:M!::' F M FRATTAL. ONE EXCAVATII~I 91144 25,865.53 91. ~. 45 40 ,. 00 91:1.46 946.00 91147 40., 00 9114 8 129 .. 50 9:L :1.49 15 .. 76 .... I ~:0 247., 36 9.1 ..... 9:1. 152 125 .. 46 9]. ~. 53 90 .. 00 9:1. 154 237., 92 91156 109.00 91157 9~ .. 88 91 '1 "y~ 110 .. 40 9:1. 159 7:1.7.50 9:1. :1.60 :1.2 .. 65 91. ]. 61 2,513 ,. 20 91162 105 ,. O0 9 :L 163 491.82 9 :L 164 69 .. 22'. 9:1. 165 13]... 49 91166 126 .. 20 91167 16 .. 36 9:1. 168 100.11 9:1. 169 :1.~98 .. 00 91170 :1. , 060 .. 09 9:1. 17:1. :L, :1. 25 .. 00 9:1. 172 69 .. 29 91173 :. , 26:1... 45 91174 497.6:1. 9:L :L75 57 .. 90 91:1.76 812... 66 91 :L 77 :1. 50 ,. 64 9:1. :1.79 I. 043 .. 74 91180 110 .. 96 91:1. 81. 2. 7 .. 00 91:1. 84 3 :I... 90 91185 :1., 024 ,. 00 91186 """ .. 46 91. 187 65:1... 67 91188 10. 509.40 91189 164 .. 76 9:1. 190 799.00 BI:~:C Fz:[I,IAIq(:;IA!... ,SY,~Tli~:M C:I:TY [)1:: C:OI...UMB:[A HIE:[GHTS 03/09/200:1, 08 Checl,:. H:i. story GI...540F~.---V06..27 F:'AGE 4 3 / :1.2 / 01 COtJ Iq[; :1: I... BAI',IK VIENDOF~ C:;HID::::I< NUM:I~':E:F;,' ~MOLJI'TI' BAI,II< CHIECI(:I:I',IG ACCOUI,IT 9:1. :!.9:1. 24 ,. 7:!. 91192 379 ,. 00 9:1. 193 4,590 ,. 49 9:1. :1.94 75 ,.00 91 :l. 95 157 ,, 50 9:1. :1,96 ,~I:1.4 ,. 8:1. 91197 26 ,. 00 9:1. 198 230 ,, :1.2 91199 34 .. 00 91200 30 .. 17 91201 10 .. 29 9:1, 202 321 ,. :1. 0 9:1.203 :1. 17 .. 62 91204 :1. 50.00 9:1. 205 578 .. 00 971. 206 8,042.23 9:1.207 163,.00 9:1. 208 3,1 g9 .. 44 91209 280.00 9121. 0 8,043.85 9:l. 211 343 .. 87 912~.2 302..46 91213 108 ,. d2 9t2:Ld :1. ,855,.85 91215 565., 00 9:1.2:1.6 602 .. 00 91217 96 ,. 83 9:1.2:1. 8 :l. 20 .. 00 912:1. 9 70 ,. 00 91220 2,310 ,, 56 9:1.221 39 ,. 84 91222 2 ,, 637., 50 91223 279 .. 40 91224 20 ,, 225 .. 50 9:1.2'.2.5 :l. 75.00 91227 I, 000 ,. 00 91228 :1., 009 ,, 07 91229 37 ,, 28 91230 1, :1,9:1. ,, 50 91231 5,332 ,, 79 9 J. 232 1 ,, 1:1. 91233 123.32 9:[234 234 ,, 00 91235 60 ,, 44 9:!.236 20 ,, :[4 9:1.237 523 ,, 07 BAN I< VIEEZND[)F~: CHliiIH< NUMBEF:~ AMOUblT BANK CHECKII'iG ACCOLJI"IT MII.j...AF;Z EI..JEVATC~R ,SIEF::VICE Mi[I'-INIE~:AF:'OI...:IZS SAW CO., M I T E L MN DEF:'T OF: ADM:I:Iq:I:STR~T:I:O Mbl H:!:ST[)F~:IZCA!... SOC]:!ETY MN STATE: TF~EAS BLJII...DING blATIOblAI... F:'IF;ZE PROTEC:TION NIEEDH~M DISTF~IBUTING CO I~IE],.S[)bl CI.-IE]EE:SE ~ND DEL. I NORTH METF::O MAYORS ASSOC blC)R'f'H S'TAF;: ICE I,IC)F~THEF~N SANITAF~Y SUF:'F:'L.Y NORTHLAND EI...ECTF;:]]::: SUF:'F:'L. blC)VEL. L,. INC OF:F:'ICE: DE:F:'[YT OLL. IES KITCHE]g & VITTL. E I::'~USTIS & F'EF:'SI.---CC)LA-7 UF' F:'HIL.I.,.IF:'S WINE & SPIRTS I::'F~IC}R WINE QIJALITY SALES & SERVICE RADIO SHACK REI...IANT IENEF~GY MINNEZGASC RHY TI"IMS F~LJETT I MANN/I:~OBERT SCHEZL. EN [')F~AY EL.EZCTF~IC S[::HINI)I..JER ELEVATC~R CC)F¥:' SEZAF~S C(]MMEF~(]IAL. C)NE SOUTHEF~N ANC)KA COUblTY CH ST ANTHONY F'C~L..ICE DE]='AF<T ST PALJI...""DEI)/THE: STANDARD SPRING CC) ST AR "f'l:~ I BUNE STF;ZE]3CHEF~ C')t.JN'S :[NC/DC)Iq SUN F:'UBI...IC:ATIC]N SYS-TEZCH SYSTE]'IS INC SYSTEMS SUPF:'LY INC.. TACOI',IY CORF:'C)F;:ATIOIq 'Y'ARGET ST[ZIF;ZEES-AC[TTS I:~IEE:[:: 'Y'AUTGE~, F~EDF:'ATH, & CO .. , T A Y L. 0 I:~'. TIE C: I--t 0 L [) G I EE: S TEL.E]='HONE: ANSWERING CENT TIESSMAN 'rF~IANGLE F:'IRE: EXTINGUISH 'TUBBS/r~IARSH~ 'T~IN CITY G~R~GE DOOR CO Y'WIN CITY TR~blSF:'OF~T & F~E: 91238 :1. 25 .. 00 91239 54 .. 06 91240 552 .. 00 91241 37,00 91242 113.59 91243 99 .. 91244 115.00 91245 ~,~-23., 15 91246 54.52 9 :L 247 62 .. 08 91248 156 .. 60 9:1.24'=;' 26 .. 84. 91250 73. 9:1.25:1. 30(>., 00 91252 :1., 407 .. 54 9:L253 64.70 91250 :1.70.18 <;':1.255 219.00 91256 2,72:1.. 27 9:1.257 :1., 830., 57 91258 ::~,19 .. 39 9:1.259 37.26 '~'1260 85.55 9:!.26:L :1.25 91262 2'.; 5 .. 00 9:1.263 442.40 ~'~:1.264 :LSO. 51 91266 16.00 9:1.2,67 103.16 91268 6,488.15 9:1,2,6~.~ 94 ,. 69 91270 111.80 9:1. 27:1. :L 36 .. 00 91272 357.20 91273 795.00 9127q 48.78 91275 215.13 91276 10 ,. 6q 9:L277 6,454 .. 25 ? 1278 32.00 9 :L279 :L 74 .. 05 91280 435 .. 59 9128:1. 266 .. 2 91282 20.95 91283 :L 27., 80 9128'r.! 213 .. 00 BFkC I::'INAI~ICIAI.. SYS'T'IEM CITY 01::' COI...UMBIA I"Ilii]IGH"FS 03/09/2001 08 GL. 540R-V06 ,, 27 P'AGEZ 6 Checl~. His-I.~c, ry 3/~1.2/()1 COUNCIL. BAN I< Vli~]ND(3R CHEC:I< NUM.l':~lii:!:;.' AI"IOUNT BAIqK [:;HE[:;I<:I:NG A[:;C[3LJI"!T Vli~:R:!:ZOhl W:I:RE:L. ES,S 91285 308,,10 V:[:C'i"I::]F;~Y [;OI:;~F:'S I::'L(-'i'}.~!~/I::I._OA 9:1.286 35,,68 WES'F WE:I...D 91287 72 ,, 54 W:!:LI._AMETTE: :!:NDUS'T'R:I:ES :I:N 9:1.288 456,95 W:I:IqE C[:]MI::'AI'IY/THI~: 9:1.289 832,,25 WOF~I..D CI...~SS W:!:NE 9:1.290 445,,25 WWR I~:I'IV:I:ORhlME:NT~I.. ~E~EZRV:[C 9:1.29:1. :1.42,,30 XF:'ECT F ]: RST A I D 9 ~. 292 88 ,, 6:1. ZIEGL.ER :l:hlC 91293 897.,31 544,:1.64..77 *** CITY COUNCIL LETTER AGENDA SECTION: Public Hearings NO: ITEM: First Reading, Ordinance # 1428 NO: Zordmg and Development Ordinance ORIGINATING DEPT.: Community Development BY: Tim Johnson DATE: March 8, 2001 Meeting of: March 12, 2001 CITY MANAGER BY: Issue Statement: This is a request for the City Council to consider adopting a Zoning and Development Ordinance (# 1428) that will replace the current Zoning Ordinance (# 818), in order to appropriately address land use and development issues. Background: As you hopefully are aware, the City of Columbia Heights has been involved in an extensive process to update the City Zoning Ordinance over the course of the last few years. This has required numerous special work sessions and regular meetings of the Planning and Zoning Commission to assure the ordinance was reviewed in its entirety. The current Zoning Ordinance was last rewritten in 1974, and needs to be updated in order to adequately address recent development and redevelopment issues. Planning staff and the Planning Commissioners are confident that the proposed ordinance addresses reasonable standards that will help to enhance and protect appropriate land uses in Columbia Heights. Analysis: TheZ~ningandDeve~~pmentOrdinan~epr~p~sedhasbeenrewrittenwiththe~~ncept~fpr~m~ting and enhancing what we currently have. The proposed ordinance incorporates provisions from the existing ordinance as well as provisions developed from other model ordinances. The Planning and Zoning Commission reviewed each section individually with the goal of obtaining a workable ordinance that they felt was tailored with each aspect of the community in mind. The majority of the changes in this rewrite have to do with development standards relating to commercial and industrial districts. A highlights section of current standards and proposed standards has been included in your packets for review. Recommendation: The Planning and Zoning Commission recomrnends approval ofZoning and Development Ordinance # 1428 as the ordinance has been reviewed by the Planning and Zoning Commission of the City of Columbia Heights, is consistent with recently adopted Comprehensive Plan, and has been advertised and been made available for review by the general public. Recommended Motions: Move to waive the reading of Ordinance 1428, there being ample copies available to the public. Move to establish Monday, March 26, 2001, at approximately 7:00 p.m. as the second reading of Ordinance 1428, Columbia Heights Zoning and Development Ordinance. Attachments: Residential Commercial and Industrial Requirements; Highlights of current and proposed standards; Planning Commission recommendation; Open House Notice COUNCIL ACTION: Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Commercial Districts shall be as specified in the following table, Minimum Lot Area Minimum Lot Width Minimum Lot Depth Lot Area Per Dwelling Unit Single Family Dwelling Multiple Family Dwelling Efficiency One bedroom Two bedroom Three bedroom Additional bedroom Congregate Living Units Hotel or motel Hospital Building Setback Requirements Front Yard Side Yard Comer Side Yard Rear Yard Parking Setback Requirements Front Yard Side Yard Comer Side Yard Rear Yard Maximum Height Maximum Lot Coverage Floor Area Ratio LB Limited GB General CBD Central Business Business Business District District District 6,000 sq. It. 6,000 sq. It. 50 feet 40 feet 20 feet 6,500 sq. ft. 1,200 sq. ft. 1,200 sq. ft. 1,800 sq. ft. 1,800 sq. ft. 2,000 sq. ft. 2,000 sq. ft. 2,500 sq. It. 2,500 sq. ft. 400 sq. ft. 400 sq. 400 sq. ft. 400 sq. It. 400 sq. ft. 600 sq. ft. 12 feet 15 feet 1 foot 15 feet None None 10 feet 15 feet 1 foot 20 feet 20 feet I0 feet 12 feet 15 feet 1 foot 5 feet 5 feet None 12 feet 15 feet 1 foot 5 feet 5 feet 5 feet 35 feet 35 feet 1.0 6.0 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Industrial Dis~cts shall be as specified in the following table. Minimum Lot Area Minimum Lot Width Minimum Lot Depth Building Setback Requirements Front Yard Side Yard Comer Side Yard Rear Yard Parking Setback Requirements Front Yard Side Yard Comer Side Yard Rear Yard Maximum Height Maximum Lot Coverage Floor Area Ratio I-1 I-2 10,000 sq. It. 10,000 sq. ft. 80 feet 80 feet 20 feet 20 feet 12 feet 12 feet 15 feet 15 feet 24 feet 24 feet 20 feet 20 feet 5 feet 5 feet 20 feet 20 feet 5 feet 5 feet 1.0 1.0 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Residential Districts shall be as specified in the following table. R~I Single R-2 Single & R-3 Limited R-4 Multiple Family Two Family Multiple Family Residential Residential Family Residential Residential Minimum Lot Area Single Family Dwelling 8,400 sq. R. Two-Family Dwelling ;Twinhome Dwelling Multiple Family Dwelling Non-residential Structure 8,400 sq. ft. Lot Area Per Dwelling Unit Single Family Dwelling 8,400 sq. ft. Two Family Dwelling Twinhome Dwelling Multiple Family Dwelling Efficiency One bedroom Two bedroom Three bedroom Additional bedroom Congregate Living Units Minimum Lot Width 70 feet Minimum Lot Depth Residential Building Setbacks Front Yard 25 feet Side Yard 7 feet* Comer Side Yard 12 feet Rear Yard 20% of lot depth Non-residential Building Setbacks Front Yard 25 feet Side Yard 40 feet Comer Side Yard 12 feet Rear Yard 40 feet Single & Two Family Parking Setbacks Front Yard (excluding drives/pads) 25 feet Side Yard 3 feet Comer Side Yard 3 feet Rear Yard 3 feet Multiple Family Parking Setbacks Front Yard Side Yard Comer Side Yard Rear Yard Non-residential Parking Setbacks Front Yard 25 feet Side Yard 10 feet Comer Side Yard 25 feet Rear Yard 10 feet Maximum Height Residential structures 28 feet Non-residential structures 35 feet Non-residential Floor Area Ratio 6,500 sq. ft. 6,500 sq. ft. 6,500 s~. ft. 8,400 sq. ft. 8,400 sq. ft. 8,400 sq. fi, 9,000 sq. ft. 9,000 sq. it. 9,000 sq. ft. 10,000 sq. ft. 10,000 sq. t~. 6,500 sq. ~. 10,000 sq. ft. 10,000 sq. fL 6,500 sq. ft. 6,500 sq. ft. 6,500 sq. ft. 4,200 sq. ft. 4,200 sq. It. 4,200 sq. ft. 4,500 sq. ft. 4,500 sq. ft. 4,500 sq. ft. 1,200 sq. ft. 800 sq. ~. 1,800 sq. ft. 1,000 sq. ft. 2,000 sq. It. 1,200 sq. ft. 2,500 sq. It. 1,500 sq. ft. 400 sq. ft. 200 sq. ft. 400 sq. it. 400 sq. ~. 60 feet 70 feet 70 ft. 25 feet 30 feet 15 feet 5 feet* 20 feet 10 feet 10 feet 30 feet 15 feet 20% oflot 30 feet 15 feet depth 25 feet 30 feet 15 feet 30 feet 25 feet 10 feet 10 feet 30 feet 15 feet 30 feet 25 feet 10 feet 25 feet 30 feet 30 feet 3 feet 3 feet 3 feet 3 feet 3 feet 3 feet 3 feet 3 feet 3 feet 30 feet 30 feet 10 feet 10 feet 30 feet 30 feet 10 feet 10 feet 25 feet 30 feet 30 feet 10 feet 10 feet 10 feet 25 feet 30 feet 30 feet 10 feet 10 feet 10 feet 28 feet 35 feet 35 feet 35 feet 35 feet 35 feet 2.2 Current Standards: Proposed Standards: · Three (3) foot rear yard setback for residential accessory structures when doors do not face the alley or right-of-way. · Fifteen (15) foot height restriction for all residential accessory structures. · Five (5) foot rear yard setback for residential accessory sltuctures when doors do not face the alley or fight-of-way. · Eighteen (18) foot height restriction for all residential accessory structures. · No Minimum residential garage · Minimum residential garage size is size. 20 X 20. · Twenty (20) foot setback for · residential garages when doors face the alley or slreet. Dwelling Units · one story, split level, and split entry dwellings mtuire a minimum floor area of 1,020 sq. ~., plus 120 sq. ~. for each additional bedroom. Exterior Lighting · Maximum of three (3) foot candles of light at any property line. Off-Street Parking · Off-sheet parking areas and driveways shall be surfaced with material to conlrol dust and dra'mage. Twenty (20) foot setback for residential garages facing alley or street for lots 6,500 square feet or more; Fifteen foot setback for residential garages facing alley for lots 6,500 square feet or less. One story, split level, and split entry dwellings require a minimum floor area of 1020 sq. ~., plus 120 sq. ft. for each additional bedroom. The floor area may be reduced to 960 sq. ft. if lot size if6,500 sq, ft. or less. Maximum of one-half ( 1/2) foot candles of light at closest residential property line. Max of three (3) foot candies of light at closest non-residential property line. · All off-stre~t parking areas and driveways shall be surfaced with a dustless all weather hard surface material consisting of asphalt, concrete, brick, cement pavers, or similar material. Highlights of Proposed Changes Zoning and Developmenl Ordln unce Open House/Public HeerlnO 2-01 FRI [3:37 SRF FAX NO. 4752429 ?. 04 Current Standards: Signage · Portable signage allowed up to 8 X 4 in size · Temporary signage allowed by permit for four (4) eleven (11) day periods annually, and 30 days seasonally. · Freestanding signagc allowed in Limited Business (LB) District not to exceed twenty (20) feet in height. Frees~ding signage in Retail Business (RB) and General Business (GB) Districts allowed up to thirty (30) feet in height Proposed Standards: · Portable signage not allowed. · Temporary signage allowed without ap n t · Freestanding signage allowed in Limited Business (LB) District not to exceed eight (8) feet in height. ff located adjacent to a State Trunk Highway, maximum height shall be twenty (20) fe~. · Freestanding signage in General Business (GB) District allowed up to twenty-five (25) feet in height if located adjacent to a S~ate Trunk Highway. i , Billboards allowed up to forty (40) · Billboards allowed up to twenty-five feet in height, maximum 300 sq. fc., (25) feet in height, max 100 sq. ~., ~ and spaced at 500 foot intervals in and spaced at 1500 foot intervals in ] T Districts with 45 MPH speeds. T Districts with 45 MPH speeds. · Maximum height of forty (40) feet · Maxham height of twenty-five for f~eslanding signage in aH (25) feet for ~reestanding signage in Industrial Districts. all Industrial Districts. · Minimum setbacks for freestanding u Minimum sethacks for fxeestanding signs arc the same us setback signs shall he ten (10) feet from ~quirements for structures in that property line or as otherwise stated district. in the ordinance. · Freestand'rag signage in Central · Freestanding signage in Central Business Dis~Ct(CBD) allowed up Business Dislxiet (CBD) allowed up to twenty (20) feet in height. to eight (8) feet height. If located adjacent to a State Trunk Highway, maximum height shah be twen~t (2O) feet Highlights of Proposed Changes Zoning and Development Ordinance Open House/Public He~rln; MAR- 2-01 FR[ [3:38 SRF FAX MO. 4752429 Current Standards: Proposed Standards: Building Design Xtandards · No minimum building design standards. All structures over 120 sq. ft. shall have full perimeter footings. Steel frame structures with metal siding and roof shall be allowed provided that 50% or mor~ of the f~ont of the building is ofmasoary type ven~'r and windows, and the side walls are at least four (4) feet from grade with the same type of masonry veneer. Building facades shall contain wirelows at the ground level or tint floor in ordec to provid~ visual interest and increase s~zurity of adjacent outdoor spaces by maximizing natural surveillance and visibility. At least 20% of the tint floor faade that faces apublie street, sidewalk or puking lot shall be windows or doors for residential use. At least 30% of th~ lust floor faade that faces a public strut, sickwalk or parking lot shah be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level for non-residential uses. Lot Requirements · Ro~yardsethackforR-1 andR-2 DisClets is tkirty (30) feet Rear yard setback forR-1 andR-2 Districts is 20% of the lot depth. · Side yard setback for R-3 District is , Side yard setback for R-3 District is ten (10) feet; Rear yard setback fo~ twenty (20) feet; Rear yard setback R-3 District is twenty (20) feet for R-3 District is thiay {30) feet. Twinhome Requirements · They are not addressed in our current ordinance. · Lot area requirements for twinhomes are 9,000 sq. ~. for both lots that share a common wall; 4,500 sq. ft. minimum lot size for each individual lot sharing a common wall. Highlights of Proposed Changes Zoning and Development Ordinorice Open House/Public Beetin9 2-01FRI 13:39 SRF FAX NO. 4752~2S Current Standards: Proposed Standards: Specific Development Standards Adult Entertainment Use Allow~ in Industrial District by conditional usc permit. No minimum separation standards from residential pwperties, or schools. Consignment~econdhand Store Currency Exchange Drop In Facility Pawnshops · P~,'lni~ed in Business Dish-lets and Industrial Districts. No minimum separation standards from other similar facilities. No minimum standards or separation distances from similar facilities. Allowed in Industrial District by conditional use permit. This use shall be a minimum of 500 feet from any residential property; daycare facility; educational facility; library; park; or place of worship. Mowed in General Business District by conditional use penit only. Not allowed in Central or [,{mitl~l Business Districts. These uses shall be located a minimum of :}000 feet from any existing consignment store, currency exchange, drop-in facility or pawnshop. Salvage Facility/Transfer Station · Permitted in Industrial Districts. No · Permitted in Industrial Districts. Need to maintain a minimum disgrace of 500 feet from any residential property. Shall require an environmental management plan, Transitional/Emergency Housing · Not addressed in current ordinance. · Allowed with a conditional use permit in R-3, R-4, and LB Districts. Shall be located at least mile from all existing transitional' hous'mg. z " Copi. g a.;t sc' .i.g · No minimum landscaping standards, · Minimum of one tree for every fifty (50) feet of street frontage. Minimum of four (4) trees for every one {1 ) acre of lot area. Highlights of Proposed Changes Zoning and Development Ordinance Open House/Public Heating CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 Visit Our Website at: www. ci. columbia-heights. mn.us COMMUNITY DEVELOPMENT DATE: TO: FROM: RE: MARCH 5, 2001 PLANNING AND ZONING COMMISSIONERS TIM JOHNSON, CITY PLANNER PROPOSED DEVELOPMENT ORDINANCE # 1428 As you know, the City of Colurnbia Heights has been involved in an extensive process to update the City Zoning Ordinance, which has included numerous special work sessions and regular meetings of the Planning Commission. The current Zoning Ordinance was last rewritten in 1974 and has not been updated in order to appropriately address recent development and redevelopment issues. We have finished reviewing this ordinance in its entirety, and are confident that we are proposing reasonable standards that will help to promote and protect appropriate land uses in Columbia Heights. We will review the proposed Draft Development Ordinance and make any appropriate changes, or adopt as is and pass onto the City Council for final adoption. Recommendation: Staff recommends approval of Ordinance # 1428 which is an ordinance adopting the Columbia Heights Development Ordinance as presented, as the ordinance has been reviewed by the Planning and Zoning Commission of the City of Columbia Heights, and is generally consistent with recently adopted Comprehensive Plan, and has been advertised and been made available for review by the general public. Recommended motion: Move to recommend City Council approval of Ordinance # 1428, Columbia Heights Development Ordinance for the City of Columbia Heights, Minnesota, as Ordinance # 1428 has been reviewed by the Planning and Zoning Commission of the City of Columbia Heights, is generally consistent with recently adopted Comprehensive Plan, and has been advertised and been made available for review by the general public. Move to recommend City Council approval of proposed Zoning Map pertaining to Ordinance # 1428, as the proposed Zoning Map reflects the correct Zoning Districts and also identifies the Retail Business District (RB) name change to General Business District (GB). THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMrNATE ON THE BASIS OF DISABILITy IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER Important Notice! The City of Columbia Heights Planning Commission will be hosting an Open House at 5:30 p.m. and will be conducting a Public Hearing at approximately 7:00 p.m. on Tuesday, March 6, 2001 in the City Hall Council Chambers (590 40th Avenue NE), to review, discuss and consider approval of the proposed Zoning Ordinance rewrite for the City of Columbia Heights. H/hat is a Zoning Ordinance? A Zoning Ordinance is a legal document that defines and identifies certain Zoning Districts of the City by restricting, and regulating therein the location, construction, reconstruction, alteration, and use of structures and land. The Zoning Ordinance is intended to protect the stability and character of residential, commercial, industrial and public areas of the City and to promote the orderly development of these areas. The Zoning Ordinance addresses rules for signage, standards for construction, and compatible and appropriate uses of land throughout the City. The Zoning Ordinance also identifies issues such as minimum lot size for all districts, minimum building setbacks, maximum square footage of structures, height restrictions, and parking restrictions to name a few. The purpose of this plan is to protect the public health, safety, aesthetics, morals, comfort, and general convenience of the community and its people. Its purpose is also intended to implement the goals and policies included in the City's Comprehensive Plan. Why rewrite the Zoning Ordinance? The current Zoning Ordinance was last rewritten in 1974 and is antiquated in nature. Since that time, development needs and issues have changed. The City has from time to time amended and/or changed portions of the current ordinance, in response to certain issues and challenges. Development and redevelopmerit issues have forced Columbia Heights to look at quality of life issues and to determine if our City is in step with recent development standards and provisions necessary to address these standards. A rewrite of the Zoning Ordinance has been undertaken to re-focus our efforts and strategies to meet these changing community needs. Also, the Metropolitan Council has revised the Regional Blueprint which includes the new Regional Growth Strategy. Each City has been directed to update its Comprehensive Plan to insure local activities and plans are compatible with regional systems and operations. In conjunction with this directire, the Metropolitan Council requires that our Zoning Ordinance be compatible in nature with our recently adopted Comprehensive Plan. How can Icontribute to this Plan ? Community input is an important element of this process. Community issues and needs should be identified by the citizens, or the plan may not adequately address important resident or business owner concems. Remember, the Zoning Ordinance is a document that identifies development standards, and what is permitted and what may not be permitted in certain districts that you may have an interest in. This is an opporttmity for you to provide your input into how and what the City develops into in the future. What will take place at the meeting? The City will have Planning Staff and Planning Commission members on hand to adequately address this proposed document. The Open House will feature graphics and zoning maps, and is designed to give residents and interested citizens the opportunity to view proposed changes to this document, and to solicit public input. Your attendance is welcome and would be helpful as we try to identify and address any relevant issues related to this Draft Ordinance. Please join us and participate in the future development of Columbia Heights. Coffee and cookies will be available. If you have any questions, feel free to contact the City Planner, Tim Johnson, at (763) 706-3673. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLUMBIA HEIGHTS, MINNESOTA REGULATING AND DEFINING ZONING DISTRICTS; ADOPTING A REVISED ZONING MAP FOR THE CITY OF COLUMBIA HEIGHTS; REGULATING THEREIN THE LOCATION, CONSTRUCTION, RECONSTRUCTION, ALTERATION, AND USE OF STRUCTURES AND LAND; PROVIDING MINIMUM STANDARDS TO PROTECT PROMOTE AND MAINTAIN THE STABILITY AND CHARACTER OF RESIDENTIAL, COMMERCIAL, INDUSTRIAL, AND PUBLIC AREAS OF THE CITY; PROVIDING MINIMUM STANDARDS AS THEY RELATE TO PUBLIC HEALTH, SAFETY, AESTHETICS, MORALS, COMFORT, AND GENERAL CONVENIENCE OF THE COMMUNITY AND ITS PEOPLE; PROVIDING HEREIN FOR CONSISTENCY WITH THE COLUMBIA HEIGHTS COMPREHENSIVE PLAN; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Columbia Heights, Minnesota (the "City") has determined that the current Zoning Ordinance needed to be rewritten in order to appropriately address development and redevelopment issues; and WHEREAS, Minnesota State Statutes expressly preserves the right of municipalities to adopt Zoning Ordinances regulating therein land use and development; and WHEREAS, City Planning staff and the Planning and Zoning Commission have adequately reviewed appropriate provisions to address development and land use issues, and WHEREAS, the City Council has determined that the current zoning provisions within the City Code are inadequate as they relate to development issues; and WHEREAS, City staff and the Planning and Zoning Commission have drafted amendments to the City Code determined to be necessary to promote and protect the stability and character of residential, commercial, industrial, and public areas of the City; and WHEREAS, the City Council has determined that this ordinance is consistent with the City Comprehensive Plan; and City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 1 Page 1 - 1 COLUMBIA HEIGHTS ZONING AND DEVELOPMENT ORDINANCE # 1428 City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 1 Page 1-2 TABLE OF CONTENTS SECTION 1 SECTION 2 SECTION 3 SECTION 4 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 PURPOSE, AUTHORITY AND JURISDICTION RULES OF CONSTRUCTION DEFINITIONS ADMINISTRATION AND ENFORCEMENT NON-CONFORMITIES GENERAL DEVELOPMENT STANDARDS SPECIFIC DEVELOPMENT STANDARDS GENERAL DISTRICT PROVISIONS RESIDENTIAL DISTRICTS SECTION 10 COMMERCIAL DISTRICTS SECTION 11 INDUSTRIAL DISTRICTS SECTION 12 MIXED-USE DEVELOPMENT DISTRICT SECTION 13 OVERLAY DISTRICTS SECTION 14 SUBDIVISION REGULATIONS City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 1 Page 1-3 CHAPTER 9: SECTION f: LAND USE AND DEVELOPMENT PURPOSE, AUTHORITY AND JURISDICTION 9.101 Title This ordinance shall be known, cited and referred to as the Columbia Heights Development Ordinance, except as referred to herein, where it shall be known as "this Ordinance." 9.102 Purpose The City Council of the City of Columbia Heights, Minnesota, adopts this Ordinance to accomplish the following: (a) Protect the public health, safety, morals, aesthetics, comfort, convenience and general welfare of the community and its people; (b) Implement the goals and policies included in the City's Comprehensive Plan; (c) Divide the City into districts restricting and regulating therein the location, construction, reconstruction, alteration and use of structures and land; (d) Protect the stability and character of residential, commercial, industrial and public areas of the City and promote the orde~y development of those areas; (e) Provide and protect adequate light, air, privacy and convenience of access to property; Provide a safe and efficient traffic cimulation system for all modes of transportation and limit congestion in the public rights-of-way; (g) Prevent overcrowding of land and undue concentration of structures by regulating the use of land and buildings and the bulk of buildings in relation to the land and buildings surrounding them; (h) Provide for the compatibility of different land uses and the most appropriate use of land throughout the City; (i) Provide for the effective administration of this Ordinance, including powers and duties of officers and bodies, procedures and standards for land use approvals, and procedures for enforcement; (j) Establish a continuing system of review of this Ordinance to ensure it will be amended to meet the changing needs of the City; City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 1 Page 1-4 9.103 Authority This Ordinance is enacted under the authority granted to the City of Columbia Heights by the Municipal Planning Act, Minnesota Statutes, Sections 462.351 to 462.365. If those statutes are amended to restrict or enlarge the authority delegated to the City, those amendments shall be incorporated into this Ordinance. 9.104 Jurisdiction This Ordinance governs the use of all land and structures within the corporate limits of the City of Columbia Heights, unless such regulation is specifically pre-empted by State or Federal law or regulation. 9.105 Violations Any violation of any provision of this ordinance shall be considered a misdemeanor and shall be subject to a fine and/or a jail term under State law plus the cost of prosecution. Each day a violation exists shall constitute a separate violation for the purposes of this section. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 1 Page 1-5 CHAPTER 9: SECTION 2: LAND USE AND DEVELOPMENT RULES OF CONSTRUCTION 9.201 (1) Language The following roles of construction govem the language of this Ordinance: (a) The singular number includes the plural and the plural the singular; (b) The present tense includes the past and future tenses, and the future tense the present; The word "shall" is mandatory, and the word "may" is permissive; The masculine gender includes the feminine and neuter genders; Whenever a word or term defined in this Ordinance appears in the text of this Ordinance, its meaning shall be as stated in the Ordinance definition; Words or terms that are not defined in this Ordinance shall have the meaning found in the most recent addition of Webster's Unabridged Dictionary; Words or terms not defined in Webster's Unabridged Dictionary shall have their ordinary, usual meaning at the time the word or term is applied to a zoning or development question or situation; General words are construed to be restricted in their meaning by preceding particular words; The terms "Ordinance" and "Code" may be used interchangeably hereunder; (c) (d) (e) (0 (g) (h) (i) 9.202 Application O) In their interpretation and application, the provisions of this Ordinance shall be held to be the minimum requirements for the promotion and protection of the public health, safety, morals and general welfare. The City may impose additional requirements where deemed necessary to protect the public interest and ensure compliance with the standards and purposes of this Ordinance and the goals and policies of the Comprehensive Plan. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 2 Page 2-1 (2) In addition to the requirements of this Ordinance, all land uses and development shall comply with all other applicable city, county, state and federal regulations. If a provision of this Ordinance conflicts with any other provision of this Ordinance, the Columbia Heights City Code, or any other provision of law, the provision that is more restrictive, or which imposes a higher standard or requirement, shall prevail. 9.203 Separability Provisions of this Ordinance are separable in accordance with the following: (a) If any court of competent jurisdiction finds any provision of this Ordinance to be invalid, that judgment shall not affect any other provisions of this Ordinance not specifically included in the judgment. (b) If any court of competent jurisdiction finds the application of any provision of this Ordinance to a particular property, building, or other structure to be invalid, that judgment shall not affect the application of the provision to any other property, building or structure not specifically included in the judgment. 9.204 Interpretation (1) The following rules govern the interpretation of this Ordinance: (a) City Council Intention. The object of all construction of this Ordinance is to ascertain and effectuate the intention of the City Council. This Ordinance shall be construed if possible to give effect to all the provisions of this Ordinance. When the words of this Ordinance in their application to an existing situation are clear and free from all ambiguity, the letter of this Ordinance shall not be disregarded under the pretext of pursuing the spirit. When the words of this Ordinance are not explicit, the intentions of the City Council may be ascertained by considering, among other matters: a. The occasion and necessity for the ordinance or specific provision; b. The circumstances under which it was enacted; City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 2 Page 2-2 (b) (c) c. The mischief to be remedied; d. The object to be attained; e. The former zoning ordinance; f. Theconsequencesofaparticularinterpretation; g. Administrative interpretation of this Ordinance interpretations by the Board of Appeals and Adjustments. and In ascertaining the intention of the City Council, the following presumptions apply: a. The City Council does not intend a result that is absurd, impossible of execution, or unreasonable; b. The City Council intends this Ordinance to be effective and certain in its entirety; c. The City Council does not intend to violate the Constitutions of the United States or the State of Miunesota; d. The City Council intends to favor the public interest as against any private interest. Grammatical Errors. Grammatical errors shall not destroy the application of this Ordinance. A transposition of words and clauses may be resorted to when a sentence is without meaning as it stands. Words and phrases which may be necessary to the proper interpretation of this Ordinance and which do not conflict with its obvious purpose and intent, nor in any way affect its scope in operation, may be added in the construction thereof. Language. Provisions shall be construed to limit rather than to extend the operation of the clause to which they refer. Exceptions expressed in this Ordinance shall be construed to exclude all others. When a general provision of this Ordinance conflicts with a special provision in this Ordinance, the two shall be constructed if possible so that effect shall be given to both. If the conflict between the two provisions is irreconcilable, the special provision shall prevail and shall be construed as an exception to the general provision. If the general provision was enacted subsequent to the special provision and it is the clear intention of the City Council that such general provision shall prevail, then the general provision shall prevail. When several clauses are irreconcilable, the clause last in order of date of position shall prevail. When the provisions of two or more amendments to this Ordinance passed at different dates are irreconcilable, the amendment latest in date of final enactment shall prevail. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 2 Page 2-3 (d) (e) Amendments. When a section or part of this Ordinance is amended, the amendment shall be construed as merging into the original ordinance, becoming a part thereof, and replacing the part amended. The remainder of the original ordinance and the amendment shall be read together and viewed as one ordinance passed at one time. The portions of this Ordinance that were not altered by the amendment shall be construed as effective from the date of the first enactment, and the new provision shall be construed as effective only from the date when the amendment became effective. When this Ordinance adopts the provisions of State Statute by reference, it also adopts by reference any subsequent amendments of that statute except when the intent of the City Council is clearly to the contrary. If two or more amendments to the same provision of this Ordinance are enacted at the same or at different times, one amendment overlooking and making no reference to the other or others, the amendments shall be construed together if possible and effect be given to each. If the amendments are irreconcilable, the amendment latest in date of final enactment shall prevail. Diagrams. Diagrams, where provided, are intended to be illustrative only and may not be drawn to scale. Where a conflict exists between a diagram and the text, the text shall prevail. City of Columbia Heights Draft for Review - 10,24.00 Development Ordinance - Section 2 Page 2-4 CHAPTER 9: SECTION 3: LAND USE AND DEVELOPMENT DEFINITIONS 9.301 Definitions. The following words, and terms, whenever they occur in this Ordinance, are defined as follows: Abandonment: To discontinue a use or activity for any reason, but excluding temporary interruptions to the use during periods of building or remodeling where a valid building permit has been issued or during periods of routine seasonal closure. Accessory Building or Structure: A building or structure or portion of a structure subordinate to and serving the principal structure on the same lot. Accessory Use: A use that is reasonably necessary and incidental to the conduct of the primary use of the principal building or buildings. Addition: Any change or modification in construction or occupancy of an existing structure. The enclosure of an existing screened porch, deck, roofed deck, patio, or roofed patio shall be considered an addition. Adjacent or Contiguous: Bordering, touching or adjoining. separated by a public street, they shall not be deemed adjacent. separated by a public walkway, they shall be deemed adjacent. If two lots are If two lots are Adult Use: Adult uses include adult bookstores, adult motion picture theatres, adult motion picture sales/rental, adult mini-motion picture theatres, adult massage parlors, adult steam room/bathhouse/sauna facilities, adult companionship establishments, adult conversation parlors, adult health/sport clubs, adult cabarets, adult novelty businesses, adult motion picture arcades, adult modeling studios, adult hotels/motels, adult body painting studios, and other premises, enterprises, establishments, businesses or places open to some or all members of the public, at or in which there is an emphasis on the presentation, display, depiction or description of "specified sexual activities" or "specified anatomical areas" which are capable of being seen by members of the public. Activities classified as obscene as defined by Minnesota Statutes 617.241 are not included. Adult Use, Accessory: The offering of retail goods for sale which are classified as adult uses on a limited scale and which are incidental to the primary activity and goods and/or services offered by the establishment. Examples of such items include the sale of adult magazines, the sale or rental of adult motion pictures, the sale of adult novelties, and the like. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-1 Adult Use, Principal: The offering of goods and/or services which are classified as adult uses as a primary or sole activity of a business or establishment and include, but are not limited to adult body painting studios, adult bookstores, adult cabarets, adult companionship establishments, adult conversation parlors, adult health clubs, adult theaters, adult modeling studios, and adult saunas and massage parlors. Alley: A public right-of-way or private way that affords a secondary means of access to abutting property. Annexation: The incorporation of a land area into the City of Columbia Heights with a resulting change to the corporate limits of the City. Assisted Living: A facility licensed by the MnDOH where individualized home care aide services or home management services are provided to residents either by management or by providers under contract with the management. Auto Reduction Yard.' A lot or yard where one (1) or more unlicensed motor vehicles or the remains thereof are kept for the purpose of dismantling, sale of parts, sale as scrap, storage or abandonment. Auto and Truck Sales Lot: Buildings and premises for automobile/truck sales and show rooms with incidental and accessory sales and service facilities also permitted but not required. Banner, Hag or Pennant.' A sign made of a flexible material, such as cloth, paper, or plastic, however and wherever affixed. Basement: A portion of a building located partially, up to fifty percent underground or below grade. Bay: Cantileveredportionofabuilding. Bed and Breakfast Residence: An owner-occupied, single-family residence that provides lodging and meals to registered gifts. Bedroom: Any room used principally for sleeping purposes and does not contain separate kitchen and sanitary facilities. Boarding House: A building other than a motel or hotel where, for compensation and by pre-arrangement for definite periods, meals and/or lodgings are provided for three (3) or more persons, but not to exceed eight (8) persons. Board of Adjustments: The Columbia Heights Planning Commission. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-2 Buffer: A landscaped area intended to separate and/or partially obstruct the view of adjacent land uses or properties from one another. Building: Any roofed structure that may provide shelter or enclosure of persons, animals or chattel. Buildable Area: The area of the lot remaining after the minimum yard or setback requirements of this Ordinance have been established. Building Line: A line parallel with the street fight-of-way, or any property line, at the foundation level of a building and representing the distance which the building is set back from the street right-of-way or other property line. Bulk Regulations: Standards and controls that establish the maximum size of structures and the buildable area within which the structure can be located, including height, floor area ratio, gross floor area, lot area, lot coverage, impervious surface area and yard requirements, but excluding residential density regulations. Business: Any occupation, employment, or enterprise wherein merchandise is exhibited, rented or sold or which occupies time, attention labor and/or materials or where services or goods are offered for compensation. Business Frontage: The property lines or lease lines at the front of the building or the location of the main public entrance of said building. Canopy, Awning or Marquee: A projection or extension of a structure, building or place of assembly, erected in such a manner as to provide a shelter or cover over the approach to any entrance of such structure, building, or place of assembly. Carport: An automobile shelter having one or more sides open. Carwash: A building that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices, and which may employ some hand labor. Certificate of Occupancy: A document issued by the Building Official allowing for the occupancy or use of a building, and certifying that the structure or use has been constructed or will be used in compliance with all the applicable codes and ordinances. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-3 Clinic, Medical: A place used for the diagnosis and treatment of sick, ailing, infirm, injured persons, and those persons who are in need of medical attention. Ovemight care facilities are not provided at the clinic. Clinic, l/eterinary: A place used for the diagnosis and treatment of sick or injured animals and those animals in need of medical attention. Coffee Shop: An establishment engaged principally in the sale of coffee and other non-alcoholic beverages for consumption on the premises or for carryout, which may also include the sale of a limited number of food items. Color: Any hue or combination of values of these. Black and white, shall not be considered colors. Commercial Use: A use of land, building or structure intended, designed or arranged for a business, occupation, trade, or profession, including entertainment, services or sale of goods. Community Center: An establishment operated by a non-profit organization or government agency, which includes recreational facilities, meeting rooms, social service facilities, and public health facilities, or any combination thereof. Comprehensive Plan: The policies, statements, goals and interrelated plans for private and public use of land and water, transportation, and community facilities including recommendations for plan execution, documented texts, ordinances, maps which constitute the guide for the future development of the City, Conditional Use Permit: A permit specially and individually granted by the City Council after public heating thereon by the Planning Commission for any conditional use so permitted in any use district. Convenience Store: A retail establishment, having a maximum gross floor area of seven thousand five hundred (7,500) square feet, offering for sale prepackaged food products, household items and other goods commonly associated with this type of store. This use may also be combined with a motor vehicle service station. Council: The Columbia Heights City Council. Curb: A stone, asphalt or concrete boundary marking the edge of a roadway or paved area. Curb Level: The grade elevation as established by the City, of the curb in front of the center of the building. Where no curb level has been established, the City city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-4 Engineer shall determine a curb level or its equivalent for the purpose of this Ordinance. Curb Line: The line at the face of the curb nearest the street or roadway. In the absence of a curb, the curb line shall be established by the City Engineer. Day Care, Adult: A facility that provides care to functionally impaired adults on a regular basis for periods of less than 24 hours in a structure that is not the residence of the person being served or the facility operator. Day Care, Family: A facility that provides care, protection and supervision of children in a private residence for periods of less than 24 hours. The size of the outdoor play area, the maximum number of children who may be served, and the number and qualifications of required outside teachers and helpers are set forth in Minnesota Statutes. This use may be licensed by other agencies. Day Care, Group: A non-residential facility where child care, protection and supervision services are provided on a regular basis for periods of less than 24 hours. A group day care facility may also be referred to as a Nursery. Deck, Attached: A smicture six feet or more attached to the main building that may or may not have a railing or access to the ground, but does not have a roof or contain walls. Deck, Detached.' A free-standing structure that is directly adjacent or attached to the principal building that may or may not have a railing, but does not have a roof or contain walls. Drip Line: A vertical line extending from the outermost branches of a tree to the ground Density: The number of dwellings or principal buildings or uses permitted per net acre of land. Net acre of land shall not include any land required for public streets or other rights-of-way. Development: All structures and other human modifications of the landscape. Drinking Establishment: Any premise where alcohol or non-alcoholic beverages are sold at retail for consumption on the premises. Drive-in Facility: Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. Such use may also be referred to as a drive-through. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-5 Driveway: A private way used by vehicles to gain access to an individual lot or parcel of land. For one- and two-family dwellings, the driveway shall be defined as the length and width of a driving surface that is used to gain access to a private garage. Dwelling: A building or one (1) or more portions thereof occupied or intended to be occupied exclusively by a family, but not including rooms in motels, hotels, nursing homes, boardinghouses, nor trailers, tents, cabins, or trailer coaches. Dwelling, Attached.' A dwelling that is joined to another dwelling on one or more sides by a common wall. Dwelling, Detached: A dwelling that is surrounded by open space on the same lot. Dwelling, Multiple: A building so designed as to contain three (3) or more dwellings as the principle use. Dwelling, Townhouse: Attached dwelling units, each with a separate entrance to front and rear yards. Easement, Utility: A grant by a property owner for the use of a portion or strip of land for the purposes of constructing and maintaining utilities, including, but not limited to, sanitary sewers, water mains, electric liners, telephone lines, storm sewers or storm drainage ways, and gas lines. · Emergency Shelter: A non-profit, charitable, or religious organization providing boarding and/or lodging and ancillary services on the premises primarily to indigent, needy, homeless or transient persons. Essential Service: Underground or overhead gas, electrical, steam, or water distribution systems; collection, communication, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants or other similar equipment and accessories in conjunction therewith; but not including telecommunication towers Equal Degree of Encroachment: A method of determining the location of encroachment lines so that flood plain lands on both sides of a stream are capable of conveying a proportionate share of flood flows. This is determined by considering the effect of encroachment on the hydraulic efficiency of the flood plain along both sides of a stream for a significant reach. Facade: The exterior wall of a building exposed to public view. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-6 Family: An individual, or two or more persons each related by blood, marriage or adoption, living together as a single housekeeping unit; or a group of not more than four (4) persons not so related, maintaining a common household and using common cooking and kitchen facilities. Fence: A fence is any partition, structure, wall or gate erected as a dividing marker along property lines or within the required yard. Filling: The placement of sand, gavel, earth or other materials of any composition on a parcel of land. Firearm: Any device, designed to be used as a weapon, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive or other form of combustion, but excluding a stud or nail gun used in the construction industry or a toy gun. Flood: A temporary rise in stream flow or stage that results in inundation of the areas adjacent to the channel. Flood Frequency: The average frequency, statistically determined, for which it is expected that a specific flood state or discharge may be equaled or exceeded. Flood Fringe: That portion of the flood plain outside of the floodway. Flood fringe is synonymous with the term floodway fringe used in the Flood Insurance Study. Flood Plain: The areas adjoining a watercourse that have been or hereafter may be covered by the regional flood. Flood Proofing: A combination of structural provisions, changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages. Floodway: The channel of the watercourse and those portions of the adjoining flood plain that is reasonably required to carry and discharge the regional flood. Floor Area, Net: The sum of the gross horizontal areas of the several floors of a building including interior balconies, mezzanines and basements, but excepting that area primarily devoted to window display, fitting mores, stairs, escalators, unenclosed porches, dead storage, heating and utility rooms, inside off-street parking or loading space. Measurements shall be made from the outside of exterior walls. Floor Area, Gross: The sum of the gross horizontal areas of the several floors measured to the outside of exterior walls. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-7 Floor Area Ratio: The numerical value obtained through dividing the gross floor area of a building or buildings by the lot area on which such building or buildings are located. Frontage: The distance for which a lot line coincides with the right-of-way line of a public street or the boundary of a private street. Funeral Home: A building or part of a building thereof used for human funeral services. Such building may contain space and facilities for embalming and other services used to prepare the dead for burial, performance of autopsies, storage of caskets, funeral urns and other related funeral supplies and the storage of other funeral supplies, but excluding crematoriums Garage, Private: A detached accessory building or portion of principal building, including a carport, which is used primarily for storing passenger vehicles, trailers or one (1) truck of a rate capacity not in excess of nine thousand (9,000) pounds. Garage Sale: Any display of used goods and/or salesmen samples and sale of said goods on a property used primarily as a dwelling. The person conducting the sale shall be a member of the family occupying the dwelling. Grade: The elevation or level of the street closest to the building, structure or sign to which reference is made, measured at the street's centerline. Glare, Direct: That part of the visible light reaching an observer directly in a straight line from the source of its principal diffuser and/or its associated focusing reflector. Glare, Indirect: Light described in the definition for direct glare, but reaching an observer by reflection from a surface or surfaced which either: (a) Move periodically under power of the wind, electricity, burning fossil fuel, or similar energy source; or (b) reflect 70 percent or more of the light incident upon them; or (c) Produce by imaging the effect of the conditions of part (a) above. Graphics: An illustration or rendering which is not for an advertising purpose and which is applied directly to a building or structure. Height, Building: The distance measured from the mean curb level along the front lot line or from the mean ground level for all of that portion of the structure having frontage on a public right-of-way, whichever is higher, to the top of the cornice of a flat roof, to the deck line of a mansard roof, to a point on the roof directly above the highest wall of a shed roof, to the uppermost point on a round City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-8 or other arch type roof, to the mean distance of the highest gable on a pitched or hip roof. Height, Structure or Sign: The distance measured from the mean curb level along the front lot line or from the mean Found level for a structure having frontage on a public right-of-way, whichever is higher, to the uppermost portion of the structure or sign. Home Occupation: Any gainful occupation or profession engaged in by an occupant of a dwelling unit. Such use must be clearly incidental and secondary to the principal use of the dwelling for residential purposes and shall not change the residential character of the dwelling or have an adverse effect on adjacent properties nor constitute a nuisance or safety heard. Hotel: A building containing eight (8) or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge. Impervious Service: A surface that is occupied by buildings or structures, or has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water. Industrial Use: The use of land or buildings for the production, manufacture, warehousing, storage, or transfer of goods, products, commodities or other wholesale items. Junk Yard: An area where used, waste, discarded or salvaged materials are bought, sold, exchanged, stored baled, cleaned, packed, disassembled or handled including but not limited to scrap, iron, and other metals, paper, rags, rubber products, bottles and lumber. Storage of such material in conjunction with a permitted manufacturing process when within an enclosed area or building shall not be included. Kennel.' Any premises where three (3) or more non-caged domestic animals over six (6) months of age are kept, except for an animal hospital, pet shop or veterinary clinic. Land Alteration: Depositing or removing four hundred (400) cubic yards or more of material after the effective date of this Ordinance so as to modify the existing grade, excluding excavations for the placement of footings or the construction of basements City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-9 Lot: A parcel of land occupied or used or intended for occupancy or use by a use permitted in this Ordinance, abutting on a public street, and of sufficient size to provide the yard required by this Ordinance. Lot, Corner: A lot situated at the junction of, and abutting on two (2) or more intersecting streets or other public rights-of-way, or a lot at the point of deflection in alignment of a continuous street, the interior angle of which does not exceed one hundred thirty-five (135) degrees. Lot, Interior: A lot other than a comer lot. Lot, Through: A lot which has a pair of opposite lot lines abutting two (2) substantially parallel streets, and which is not a comer lot. On a through lot, both street lines shall be front lot lines for applying this Ordinance. Lot of Record: Any lot which is one (1) unit of a plat heretofore or hereafter duly approved and filed, or one (1) unit of an Auditor's subdivision or a Registered Land Survey, or a parcel of land not so platted, subdivided or registered for which a Deed, Auditor's Subdivision or Registered Land Survey has been recorded in the office of the Register of Deeds or Registrar of Titles for Anoka County, Minnesota prior to the effective date of this Ordinance. Lot Area: The area of a lot in a horizontal plan bounded by the lot lines, but not including any area occupied by the waters of a duly recorded lake or area which has been dedicated as a public right-of-way. Lot Area per Dwelling Unit: The number of square feet of lot area required per dwelling unit. Lot Depth: The mean horizontal distance between the front lot line and the rear lot line of a lot. Lot Line: A lot line is the property line bounding a lot except that where any portion of a lot extends into the public right-of-way or a proposed public right-of-way shown on a recorded official map, the line of such public right-of-way shall be deemed the lot line Lot Line, Front: That boundary of a lot that abuts a public street. In the case of a comer lot it shall be the shortest dimension on a public street. If the dimensions of a comer lot are equal, the from lot line shall be designated by the owner and filed with the City. Lot Line, Rear: That boundary of a lot that is opposite the from lot line. If the rear lot line is less than ten (10) feet in length, or if the lot forms a point at the city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-10 rear, the rear lot line shall be a line ten (10) feet in length within the lot, parallel to, and at the maximum distance from the front lot line. Lot Line, Side: Any boundary of a lot that is not a from lot line or a rear lot line. Lot, Substandard: A lot or parcel of land that has less than the required minimum area or width as established by this Ordinance as a buildable parcel. Lot Width: The minimum horizontal distance between the side lot lines as measured at the median point of the front yard setback line. Manufactured Home: A manufactured home means a factory-built structure or structures equipped with the necessary service connections and made so as to be readily movable as a unit or units on its or their own running gear and designed to be used as a dwelling unit or units without a pennanent foundation. The phrase "without a permanent foundation" indicates that the support system is constructed with the intent that the mobile home placed thereon will be moved from time to time at the convenience of the owner. Manufactured Home Park: A parcel of land so designed and improved with utilities, parking pads, walks access muds, and other facilities to accommodate manufactured homes that are to be used as dwellings and that have received State approval. Motel: A building containing eight (8) or more guest rooms in which lodging is provided with or without meals for compensation and which is open to transient, permanent guests or both, and where no provision is made for cooking in any guest room, and in which ingress and egress to and from all rooms is made directly from the outside. Motor Freight Terminal: A building or area where freight arrives and/or is removed for routing in intra-state or inter-state shipment by motor truck. Motor Fuel Station: A retail place of business engaged primarily in the sale of motor fuels, but may also be engaged in supplying goods and services generally required in the operation and maintenance of motor vehicles. Motor Fuel Station, Major: A primarily retail place of business which may engage in major motor vehicle repair and may include auto wash or convenience store as an accessory use. Motor Fuel Station, Minor: A retail place of business which shall have no more than two service bays, and may engage in minor motor vehicle repair. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-11 Motor Vehicle Repair, Major: General repair, rebuilding or reconditioning of engines, motor vehicles or trailers, including body work, frame work and major painting service. Motor Vehicle Repair, Minor: The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work minor painting an upholstering service when said service above stated is applied within an enclosed building. Nonconformity: Nonconformity shall have the meaning given in the Minnesota Statutes, Section 394.22, Subdivisions 8, or successor statutes. Noxious Matter or Material: Material capable of causing injury to living organisms by chemical reaction, or is capable of causing detrimental effects on the physical or economic well being of individuals. Nursing Home: A place, residence, or home used for the boarding and care of elderly or infirm that are dependent upon the services of others. Obstruction: Any dam, wall, wharf, embankment, levee, dike, pile, abutment, projection, excavation, channel rectification, culvert, building, wire, fence, stockpile, refuse, fill, structure, or matter in, along, across, or projecting into any channel, Watercourse, or regulatory flood heard area which may impede, retard, or change the direction of the flow of water, either in itself or by catching or collecting debris carried by such water, or that is placed where the flow of water might carry the same downstream to the damage of life or property. Office: A building or portion of a building wherein services are performed involving predominantly administration, professional or clerical operations. Official Control: Means legislatively defined and enacted policies, standards, precise detailed maps, and other criteria all of which control the physical development of a municipality or a county or any part thereof or any detail thereof, and are the means of translating into ordinances all or any part of the general objections of the Comprehensive Plan. Such official controls may include but are not limited to ordinances establishing zoning, subdivision controls, site plan regulations, sanitary codes, building codes, housing codes and official maps. Official Map: Means a map adopted in accordance to Minnesota Statutes which may show existing wads and highways, future roads and highways and the area needed for widening existing public land and facilities and other land needed for future parks, playgrounds, schools, and other public buildings, civic centers, travel service facilities. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-12 Opaque: Impervious to the passage of light. Open Sales Lot: Land devoted to the display of goods for sale, rent, lease, advertising or trade where such goods are not enclosed within a building but not including new or used cars or trucks. Open Space, Common: Open space within or related to a development designed and intended for the common use or enjoyment of the occupants of the development or the public at large. Ordinary High Water Mark: Ordinary high water level shall have the meaning given in Minnesota Statutes, Section 103G.005, Subdivision 14; or successor statutes. Outside Storage: The keeping in an artroofed area of any goods, bulk material, other material, merchandise, or products for more than twenty-four hours. Overlay District: A zoning district that encompasses one or more primary zoning districts, or portions thereof, and that imposes additional requirements above and beyond those required by the primary zoning district. Parcel: An area of land that may be designated by platting, by metes and bounds descriptions, by a registered land survey, by auditors subdivision, or other acceptable means, which distinguishes it from other parcels. Parking, Joint: The development and use of a parking space or parking lot by two (2) or more separate uses. Pedestrian Way: A public or private right-of-way, across or within a block that provides access for pedestrians. Performance Standard: Criterion established to control noise, odor, radiation, toxic or noxious matter, vibration, fire and explosive hazards, or glare or heat generated by or inherent in uses of land or buildings. Persons: Any individual, firm, partnership, corporation, company, association, joint stock association or body politic; includes any trustee, receiver, assignee, or other similar representative thereof. Place of Worship: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which buildings and uses are maintained and controlled by a religious body organized to sustain regular public worship. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-13 Planned Unit Development: Planned Unit Development means a type of development characterized by a unified site design for a number of dwelling units or dwelling sites on a parcel, whether for sale, rent or lease, and usually involving a mix of land use, structure types and other design development details specific to the site or project goals. Plat: A map depicting the division or subdivision of land into lots, blocks, parcels, tracts or other portions thereof. Plat, Final: A drawing of a permanent nature showing the precise location and dimensions of such features as streets, lots, easements and other elements pertinent to transfer of ownership and prepared for permanent record. Plat, Preliminary: A drawing showing the proposed general pattem of streets, lots, and land uses within a tract of land to be subdivided. Public Waters: Public waters shall have the meaning given in Minnesota Statutes, Section 103G.005, Subdivision 15, or successor statutes. Ramp: A structure attached to a principle or accessory building which is constructed at a slope that meets the Uniform Building Code requirements for the purposes of providing access to a building. Reach: A hydraulic engineering term to describe a longitudinal segment of a stream or river influenced by a natural or manmade obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would most typically constitute a reach. Regional Flood: A flood which is representative of large floods known to have occurred generally in Minnesota and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of the 100-year recurrence interval. Regional flood is synonymous with the term base flood used in the Flood Insurance Study. Residential Use Building: A dwelling, boarding, lodging, rooming, fratemity or sorority house, or a dormitory unit. City of Columbia Heights Draft for Review - 10.24.00 Development 0rdmance - Section 3 Page 3-14 Residential Care Facility: A licensed public or private facility, which, for gain or otherwise, regularly provides one or more dependents with twenty-four (24) hour a day substitute for the care, food, lodging, training, supervision, rehabilitation, and treatment they need, but which for any reason cannot be furnished in the dependent's own home. The term includes facilities that are licensed by the Minnesota Department of Health, foster homes, residential treatment facilities, maternity shelters, group homes, schools for challenged children, and homes for battered children or spouses. Such term shall not include any facility eligible for licensure by the Minnesota Department of Corrections. Restaurant: An establishment engaged in the preparation and retail sale of food and beverages, which is characterized by table service to customers and does not meet the definition of a fast food restaurant. Restaurant, Fast Food: An establishment whose design or principal method of operation includes at least five of the following characteristics. (a) Less than fifty (50) percent of the gross floor area is devoted to customer dining. (b) A permanent menu board is provided from which to select and order food. (c) If a chain or franchised restaurant, standardized floor plans are used over several locations. (d) Customers pay for food before consuming it. (e) A self-serve condiment bar is provided. (f) Trash receptacles are provided for self-serve bussing. (g) Furnishing plan indicates hard-finished stationary seating arrangement. (h) Most main course food items are substantially cooked on the premises and packaged in individual, non-reusable containers. In addition, any restaurant with a drive-through facility shall be considered a fast food restaurant. Right-oJ:way: An area or strip of land, either public or private, upon which a right-of-passage has been recorded for the use of vehicles, including trains, or pedestrians or both. Road: A public right-of-way affording primary access by pedestrians and vehicles to abutting properties, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, service road, place or however otherwise designated. Roof Line: The uppermost line of the roof of a building or, in the case of an extended facade, the uppermost height of said facade. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-15 Rooming House: A residential structure that offers a room or rooms without kitchen facilities for rent. Roomer: A person who is not a member of the family occupying a room for a charge. Semi-public Use: Semi-public Use means the use of land by a private, non-profit organization to provide a public service that is ordinarily open to some persons outside the regular constituency of the organization. Setback: The minimum horizontal distance between a building or structure and a right-of-way, property line, ordinary high water level, or other specified facility. Sewer System: Pipelines or conduits, pumping stations, and rome main, and all other construction, devices, appliances, or appurtenances used for conducting sewage or industrial wastes or other wastes to a point of ultimate disposal and/or treatment. Sign: A structure, device, advertisement, advertising device or visual representation intended to advertise, identify or communicate information to attract the attention of the public for any purpose and without prejudice to the generality of the foregoing. A sign includes any symbols, letters, figures, graphics, or forms painted or otherwise affixed to a building or structure intended to attract the attention of the public for any purpose. This definition includes a structural or nonstructural device that borders, illuminates, animates or projects the visual representation. (a) (b) (c) (d) Sign Area: The entire area within a single continuous perimeter enclosing the extreme limits of such sign. Such perimeter shall, in no case, pass through or between any adjacent elements of such sign. In the case of a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface, which is visible from any ground position at one time. The supports, uprights, or structures on which any sign is supported, which do not form an integral part of the display, are not included in the sign area. Sign, Maximum Height: Refers to the vertical distance measured from the nearest finished grade to the top of such a sign. Sign, Minimum Height: Shall refer to the vertical distance measured from the nearest finished grade to the lower limit of such sign. Sign Structure: The structure which supports or is capable of supporting any sign, including the framework, braces, uprights, and supports of such signs. Said definition shall not include a building to which the sign is attached. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-16 Sign Alteration: A change of copy area, size, or location exclusive of routine maintenance, painting or change of the copy itself. Sign, Animated: A sign that includes action or motion effected through mechanical or electrical means or wind, exclusive of flashing, changing and indexing signs. Sign, Area Identification: A sign identifying a shopping center or multiple dwelling units. Sign, Billboard: A non-accessory sign for the purpose of advertising a product, event, person, subject or service not entirely or directly related to the premises on which said sign is located, including a sign for the purpose of advertising the availability for rental or sale of the sign itself. Sign, Canopy, Awning orMarquee: A sign suspended from or forming part of the canopy, awning, or marquee that does not extend horizontally beyond such canopy, awning or marquee. Sign, Changeable Copy: A sign employing detachable copy, letters or symbols which may be altered, substituted or rearranged to convey varying messages, regardless of method of attachment. Sign, Changing: A sign which displays copy changes, such as an electronically or electrically controlled public service, time and temperature sign, message center or reader-board. Sign, Copy: The letters, symbols, or other representatives used on a sign to convey a message. Sign, Copy Area: That portion of the sign which contains the copy and to which the copy is applied. Sign, Directional: An on-premise sign designed to guide or direct pedestrian or vehicular traffic. Sign, Electric: A sign that uses electrical wiring on, in or near such sign to effect movement and/or illumination, inclusive of illuminated signs. Sign, Flashing: A sign that contains flashing lights or exhibits discernable and purposeful changes in light intensity or color. Sign, Free-Standing: A permanent sign which is not affixed to any part of a building or structure and which is supported by upright brace(s) or post(s) placed in the Found. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-17 Sign, Identification: A sign which is limited to the name, address and number of a building, structure, institution, or person in addition to the activity carried on in the building, structure or institution, or the occupation of the person. Sign, Illuminated.' A sign designed to give forth or reflect any artificial light, either directly from a source of light incorporated in or connected with such sign, or indirectly fxom an artificial source in the immediate proximity thereof. Sign, Incidental: A small sign less than two (2) square feet in area of a noncommercial nature, intended primarily for the convenience of the public, including signs designating rest areas and public telephones. Sign, Institutional: A sign used by an institution. Sign, Monument: A permanent freestanding sign which is not affixed to any part of a building or structure and which is typically constructed of masonry, concrete, wood or other decorative type material to complement the surrounding area. Sign, Political: A sign which states the name, slogan and/or picture of an individual seeking election to a public office, or which pertains to a public election or referendum, or which relates to or advocates political views or policies. Sign, Portable: A sign that is not permanently attached to the ground or to a building or structure. Sign, Projecting: A sign which extends outward from the wall of a building or structure more than 18 inches, and is supported by or suspended from such wall. Sign, Real Estate: A sign offering land and/or buildings for sale, lease or rental, located on such property. Sign, Revolving: A sign, any part of which turns, rotates, or revolves. Sign, Roofi A sign which is painted on, affixed to, or erected upon the roof or parapet of a building or structure of which any portion in situated on or above the roof level of such building or structure and is wholly or partially supported by said building or structure. Sign, Temporary: A sign, banner, pennant, valance, or advertising device intended to be displayed for a limited period of time. Sign, Time and Temperature: A sign that displays only time and temperature information. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-18 Sign, Wall: An identification sign affixed to or painted on the wall of a building or structure with the exposed face of the sign in a plane parallel to the plane of said wall. Sign, Window: A sign painted on, placed in, or affixed to any window, exclusive of merchandise on display. Shopping Center: A group of four (4) or more commercial uses that has either common management or ownership, or has a contiguous gross retail area of twenty thousand (20,000) square feet or more. Shore Impact Zone: The land located between the ordinary high water level of a public water and a line parallel to it at a setback of 50 percent of the required structure setback for the applicable lake or river classification. Shoreland: Shoreland shall have the meaning given in Minnesota Statutes, Section 103F.205, Subdivision 4, or successor statutes. Significant Historic Site: An archaeological site, standing stnacture, or other property that meets the criteria for eligibility to the National Register of Historic Places or is listed in the State Register of Historic Sites or is determined to be an unplatted cemetery that falls under the provisions of the Minnesota Statutes, Section 307.08; or successor statutes. A historic site meets these criteria if it is presently listed on either register or if it is determined to meet the qualifications for listing after review by the Minnesota State Archaeologist or the director of the Minnesota Historical Society. Specified Anatomical Areas: Less than completely and opaquely covered human genitals, pubic region, buttock, anus; or female breast(s) below a point immediately above the top of the areola: and human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities: Activities including: (1) Actual or simulated sexual intercourse, oral copulatinn, anal intercourse, oral-anal copulation, bestiality, direct physical stimulation of unclothed genitals, flagellation or tomre in the context of a sexual relationship, or the use of excretory functions in the context of a sexual relationship, and any of the following sexually-oriented acts or conduct: anilingus, buggery, coprophagy, coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism, zoocrusty; or, (2) Clearly depicted human genitals in the state of sexual stimulation, arousal or tumescence; or, (3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation; or, (4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast; or, (5) Situations involving a person or persons, any of whom are nude, clad in undergarments or in sexually revealing costumes, and who are engaged in activities involving the flagellation, torture, fettering, binding or other physical City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-19 restraint of any such persons; or, (6) Erotic or lewd touching, fondling or other sexually-oriented contact with an animal by a human being; or, (7) Human excretion, urination, menstruation, vaginal or anal irrigation. Story: That portion of a building included between the surface of any floor and the surface of the floor next above it; or if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a story. Street: A public right-of-way not less than fifty (50) feet in width which affords a primary means of access to abutting property. Structure: Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground. When a structure is divided into separate parts by an unpiemed wall, each part shall be deemed a separate structure. Structural Alteration: Any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as bearing walls, column beams, girders, or foundations. Subdivision: Land that is divided for the purposes of sale, rent, or lease and including planned unit developments. Twinhome: A single-family residential dwelling on an individual lot, sharing a common wall with another single-family residential dwelling. Use: The purpose or activity for which the land, structure or building thereon is designed, arranged, or intended, or for which it is occupied or maintained. Use, Conditional: Either a public or private use as listed which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district. Use, Permitted: A use which may be lawfully established in a particular district or districts, provided it conforms with all requirements, regulations and performance standards of such district. Use, Principal: The main use of land or buildings, Fending Machine: Any coin operated device that dispenses a product or service without an attendant. Wall Surface: The total horizontal area of the building face, including windows and door areas, measured to the extreme outer limits of such wall surface. City of Colttmbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-20 Yard: A required open space on a lot, which is unoccupied and unobstructed by a structure from its lowest ground level to the sky except as expressly permitted in this Ordinance. A yard shall extend along a lot line and at right angles to such lot line to a depth or width specified in the yard regulations for the district in which such lot is located. Yard, Front: A yard extending along the full width of the front lot line between side lot lines and extending from the abutting front street right-of-way line to a depth required in the yard regulations for the district in which such lot is located. Yard, Rear: A yard extending along the full width of the rear lot line between the side lot lines and extending toward the front lot line for a depth as specified in the yard regulations for the district in which such lot is located. Yard, Side: A yard extending along a side lot line between the front and rear yards, having a width as specified in the yard regulations for the district in which such lot is located. Zoning Administrator: Person appointed by the City Manager as provided by this Ordinance. Zoning District: An area or areas within the limits of the City for which the regulations and requirements governing use are uniform. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 3 Page 3-21 CHAPTER 9: SECTION 4: LAND USE AND DEVELOPMENT ADMINISTRATION AND ENFORCEMENT 9.401 (3) General Provisions Purpose. This Chapter sets forth the procedures required for the administration of this Ordinance, outlines the powers and duties of the officials and bodies charged with such administration, establishes standards for required approvals, and provides enforcement in a manner which protects the public health, safety and general welfare. Concurrent Review. In order to provide for the efficient administration of this Ordinance, all applications for a single project or proposal that require multiple actions shall be processed concurrently. Substantially Similar Uses. Whenever an application contains a use not specifically included in this Ordinance, the Zoning Administrator shall issue a statement of clarification, finding that the use is either substantially similar in character and impact to a use regulated in this Ordinance or that the use is not substantially similar to any other use regulated in this Ordinance. If the use is not substantially similar to any other use regulated in this Ordinance, the use shall be prohibited. 9.402 (1) (2) Authority and Duties for Administration ,~uthority. The following City officials and bodies, without limitation upon such authority as each may possess by law, have responsibility for implementing and administering this Ordinance: (a) Zoning Administrator (b) Development Review Committee (c) Planning Commission (d) City Council Zoning Administrator. (a) Authority. The Zoning Administrator shall be appointed by the City Manager to administer and enforce the provisions of this Ordinance. (b) Duties. The Zoning Administrator shall have the following responsibilities: City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-1 1. Conduct inspections of buildings and uses of land to determine compliance with the provisions of this Ordinance. 2. Maintain pennanent and current records of this Ordinance, including, but not limited to, all associated maps, amendments, conditional uses, variances, and appeals. 3. Receive, file and forward all applications for appeals, variances, conditional use permits, zoning ordinance amendments, vacations, minor subdivisions, preliminary plats, final plats or other matters to the appropriate decision-making body. 4. Make a determination of compliance with this Ordinance on all applications for building permits and certificates of occupancy. 5. Provide zoning information to residents and others upon request. 6. Interpret the provisions of this Ordinance. Development Review Committee. (a) Authority. The membership of the Development Review Committee shall be City staff members as appointed by the City Manager. Co) Duties. The Development Review Committee shall have the following responsibilities: 1. Review plans and plats for conformante with the technical requirements of this Ordinance. 2. Make recommendation to the Planning Commission and City Council regarding applications for development or land use approvals. Planning Commission. (a) Authority. Council. (b) Duties. The responsibilities: 1. The Planning Commission shall be appointed by the City Planning Commission shall have the following Hear and make recommendations to the City Council regarding all applications for a conditional use permit or an amendment to a conditional use permit. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-2 Hear and make recommendations to the City Council regarding all applications for an amendment to this Ordinance, both text amendments and amendments to the district boundaries on the official zoning map. Hear and make recommendations to the City Council regarding all applications for minor subdivisions, preliminary plats and final plats. Review, hold public hearings, and prepare recommendations on any changes to the City's Comprehensive Plan. Review this Ordinance from time to time and make recommendations to the City Council that changes be initiated. Hear and make recommendations on any other matter referred to it by the City Council. (c) Board of Appeals and Adjustment Duties. In accordance with Minnesota Statute §462.354, the City Council has designated the Planning Commission as the Board of Appeals and Adjustments. As such, the Planning Commission shall have the following additional responsibilities: Hear and make decisions on all applications for an appeal of any administrative order, requirement, determination or final decision made by the Zoning Administrator or other official in the administration of this Ordinance. Hear and make decisions on all applications for a variance from the literal provisions of this Ordinance. City Council (a) Authority. The City Council shall have the authority given to it by State Statutes. (b) Duties. The City Council shall hear and make the final decision on all matters identified as requiring City Council action in this Ordinance. 9.403 (1) General Application Procedures Applications. All applications for land use or development approval shall be made on the appropriate application, as approved by the City and available from the Community Development Depatlment. The application shall be accompanied by detailed written and graphic materials fully explaining the proposed City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance -- Section 4 Page 4-3 (7) development or land use change, as required by the Zoning Administrator. The application shall also be accompanied by the appropriate fee, proof of legal interest in the property, and two copies of a list of property owners within 350 feet of the subject property or as otherwise defined in State Statutes, in the format required by the Zoning Administrator. Additional Information. The Zoning Administrator may require applicants for land use or development approval to submit additional information as may be necessary to evaluate the application. Such additional information may include, but shall not be limited to, traffic studies, engineering studies and environmental studies. The costs of such studies shall be the responsibility of the applicant, with the person or firm preparing the study approved by the Zoning Administrator. Pre-application Conference. A pre-application conference with the Zoning Administrator shall be required prior to the submission of any application for land use or development approval. The purpose of the conference is to review application procedures and ordinance requirements with the applicant, to exchange information regarding the proposed project, and to identify potential opportunities and constraints for development of the site under consideration. Completeness of Application. No application for land use or development approval shall be deemed complete until all items that are required in support of the application, including any additional studies or information required by the Zoning Administrator, have been submitted. Application Fees. Fees for all applications for development or land use approval shall be established by resolution of the City Council. Fees shall be payable at the time applications are filed with the Zoning Administrator and are not refundable unless application is withdrawn prior to referral to the Planning Commission. There shall be no fee in the case of applications filed in the public interest by the City Council or Planning Commission. Required Action. Pursuant to Minnesota Statutes §15.99, all applications for land use or development approval shall be approved or denied as per State Statute, unless extended pursuant to Statute or unless a time waiver has been granted by the applicant. Reconsideration of Applications. No application for land use or development approval that has been denied by the City Council, in whole or in part, shall be reconsidered for a period of six months from the date of City Council action on the application. Expiration of Approval. If substantial development or construction has not taken place within one year of the date of City Council approval of an application for land use or development approval, the approval shall be considered void unless a petition for time extension has been granted by the City Council. Such extension shall be submitted in writing at least 30 days prior to the expiration of the City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-4 approval and shall state facts showing a good faith effort to complete the work permitted under the original approval. This provision shall not apply to zoning amendments or vacations of streets, alleys or public fights-of-way. 9.404 Public Hearings (1) Notice of Public Hearing. For all development or land use applications requiring a public hearing, notice of the public heating shall be as follows: (a) Official Publication. The Zoning Administrator shall publish notice of the time, place and purpose of the public hearing at least once in the official City newspaper, not less than 10 days nor more than 30 days before the hearing. (b) Notice to Affected Property Owners. The Zoning Administrator shall mail a written notice of the time, place and purpose of the public hearing to all owners of record of property located in whole or in part within 350 feet of the boundaries of the subject property, or as otherwise defined in State Statutes, not less than 10 days nor more than 30 days before the hearing. The failure to give mailed notice to individual property owners, or defects in the notice, shall not invalidate the proceedings, provided a bona fide attempt to comply with this requirements has been made. (c) Notice to Department of Natural Resources. When a land use or development application relates to property within the Floodplain Management or Shoreland Management overlay district, the Zoning Administrator shall mail a written notice of public hearing to the Commissioner of Natural Resources at least 21 days before the hearing. (2) Hearing Procedure. All hearings shall be open to the public. Any person may appear and testify at a hearing in person or by representative. Upon conclusion of the public testimony, the decision-making body shall announce its decision or recommendation, or shall continue the matter to a subsequent meeting. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-5 9.405 Appeals Right of Appeal. At any time within 30 days afier a written order, requirement, determination or final decision has been made by the Zoning Administrator or other official in interpreting or applying this Ordinance, except for actions taken in connection with prosecutions for violations thereof, the applicant or any other person affected by such action may appeal the decision. (2) Application for Appeal. An appeal must be made by filing a written notice of appeal addressed to the Zoning Administrator and Planning Commission, and stating the action appealed as well as the specific grounds upon which the appeal is made. (3) Public Hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public hearing on the appeal in accordance with the requirements of this Section. After the close of the hearing, the Planning Commission shall render its findings. 9.406 Zoning Amendments (1) Right of Application. Amendments to the text of this Ordinance or to the district boundaries on the official zoning map may be initiated by the City Council, the Planning Commission, or by application of any person with a legal interest in the affected property. (2) Application for Amendment: An application for an amendment to change the district boundaries on the official zoning map or the text of this Ordinance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a map or plat showing the lands proposed to be changed, a concept development plan and any other information determined by the Zoning Administrator to be necessary. (3) Public Hearing. The Planning Commission shall hold a public heating on the complete application for a zoning amendment and all amendments initiated by the City Council or Planning Commission in accordance with the requirements of this Section. After the close of the heating, the Planning Commission shall make findings and submit its recommendation to the City Council. (4) City CouncilAction. The City Council shall make the final decision regarding an application for a zoning amendment. Amendments of this Ordinance or the district boundaries on the official zoning map shall require a four fifths (4/5) majority vote of the City Council. (5) Required Findings. The City Council shall make each of the following findings before granting approval of a request to amend this Ordinance or to change the district boundaries on the official zoning map: City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-6 The amendment is consistent with the Comprehensive Plan. The amendment is in the public interest and is not solely for the benefit of a single property owner. 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. 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. 9.407 (1) (2) (3) (4) (5) (6) Variances Purpose. The purpose of a variance is to provide a means of departure from the literal provisions of this Ordinance where strict adherence would cause undue hardship because of circumstances unique to the property. It is not the intent of this section to allow a variance for a use that is not permitted within a particular zoning district. Right of Application. Any person with a legal interest in the property may file an application for one or more variances. Application for Variance. An application for a variance shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan and any other information determined by the Zoning Administrator to be necessary. Public Hearing. The Planning Commission, sitting as the Board of Appeals and Adjustments, shall hold a public heating on the complete application for a variance in accordance with the requirements of this Section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. City Council Action. The City Council shall make the final decision regarding an application for a variance from the provisions of this Ordinance. Approval of a variance shall require a simple majority vote of the City Council. Required Findings. The City Council shall make each of the following findings before granting a variance ~'om the provisions of this Ordinance: City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-7 (7) Because of the particular physical surroundings, or the shape, configuration, topography, or other conditions of the specific parcel of land involved, where strict adherence to the provisions of this Ordinance would cause undue hardship. 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. The difficulty or hardship is caused by the provisions of this Ordinance and has not been created by any person currently having a legal interest in the property. The granting of the variance is in harmony with the general purpose and intent of the Comprehensive Plan. 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 of Approval. The City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts directly associated with granting of the variance and to protect neighboring properties. 9.408 Conditional Use Permits. (1) Purpose. The conditional use permit process is intended as a means of reviewing uses which, because of their unique characteristics, cannot be permitted as a right in a specific zoning district, but may be allowed upon demonstration that such use meets identified standards established in this Ordinance. A conditional use permit is granted for a specific use of a specific property, and may be transferred to subsequent owners as long as the conditions agreed upon are observed. (2) Right of Application. Any person with a legal interest in the properly may file an application for a conditional use permit, provided said conditional use is identified as a conditional use within the zoning district in which the property is located. (3) Application for Conditional Use Permit. An application for a conditional use shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a site plan, a detailed written description of the proposed use and any other information determined by the Zoning Administrator to be necessary. (4) Public Hearing. The Planning Commission shall hold a public hearing on the complete application for a conditional use permit in accordance with the requirements of this Section. After the close of the hearing, the Planning City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-8 (5) (6) (7) (8) Commission shall make findings and submit its recommendation to the City Council. City Council Action. The City Council shall make the final decision regarding an application for a conditional use permit. Approval of a conditional use permit shall require a simple majority vote of the City Council. Required Findings. The City Council shall make each of the following tindings before granting a conditional use permit: The use is one of the conditional uses listed for the zoning district in which the property is located, or is a substantially similar use as determined by the Zoning Administrator. The use is in harmony with the general purpose and intent of the Comprehensive Plan. The use will not impose hazards or disturbing influences on neighboring properties. The use will not substantially diminish the use of property in the immediate vicinity. The use will be designed, constructed, operated and maintained in a manner that is compatible with the appearance of the existing or intended character of the surrounding area. The use and property upon which the use is located are adequately served by essential public facilities and services. Adequate measures have been or will be taken to minimize traffic congestion on the public streets and to provide for appropriate on-site circulation of traffic. The use will not cause a negative cumulative effect, when considered in conjunction with the cumulative effect of other uses in the immediate vicinity. The use complies with all other applicable regulations for the district in which it is located. Conditions of Approval The City Council may establish any reasonable conditions of approval that are deemed necessary to mitigate adverse impacts associated with the conditional use, to protect neighboring properties, and to achieve the objectives of this Ordinance. Revocation: Failure to comply with any condition set forth as part of a conditional use permit shall be a violation of this Ordinance and is subject to the City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-9 enforcement process identified in this section. Continued non-compliance shall be grounds for revocation of the conditional use permit, as determined by the City Council following a public hearing on the issue. (9) Discontinuance. When a conditional use has been established and is discontinued for any reason for a period of one year or longer, or where a conditional use has been changed to a permitted use or any other conditional use, the conditional use permitted shall be considered abandoned. 9.409 Vacations. Purpose. The vacation process allows for the vacation of public streets, alleys or other public rights-of-way when it is demonstrated that the public reservation of the land no longer serves a clearly identified public purpose. Right of Application. Any person or persons who own property adjoining both sides of the street, alley or other public fight-of-way to be vacated may file an application for vacation. In the event that the person or persons making the request do not own all of the adjoining parcels, the application shall be accompanied by affidavits from all such property owners indicating their consent. Application for Vacation. An application for the vacation of a street, alley or other public right-of-way shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a legal description, a survey depicting the area to be vacated, a list of all property owners with land adjacent to the area to be vacated, and any other information determined by the Zoning Administrator to be necessary. Public Hearing. The Planning Commission shall hold a public hearing on the completed application for the vacation of a street, alley or other public right-of- way in accordance with the requirements of this Section. At~er the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. City Council Action. The City Council shall make the final decision regarding an application for the vacation of a street, alley or other public right-of-way. Approval of the vacation shall require a four-fifths (4/5) majority vote of the City Council. Required Findings. The City Council shill make each of the following findings before vacating a street, alley or other public right-of-way: 1. No private rights will be injured or endangered as a result of the vacation. 2. The public will not suffer loss or inconvenience as a result of the vacation. 9.410 Minor Subdivisions (Lot Splits). City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-10 O) (2) (3) (4) (5) (6) Purpose. The purpose of this process is to provide for approval of subdivisions that meet specific criteria and for the waiver of standard platting requirements specified elsewhere in this Ordinance. It is intended to facilitate the further division of previously platted lots, the combination of previously platted lots into fewer lots, or for the adjustment of an existing lot line by relocation of a common boundary. Right of Application. Any person having a legal interest in the property may file an application for a minor subdivision. For an adjustment of an existing lot line, the application shall be accompanied by affidavits from all affected property owners indicating their consent. Application for Minor Subdivision. An application for a minor subdivision shall be filed with the Zoning Administrator on the approved form and shall be accompanied by an accurate boundary survey and legal description of the original parcel, a survey and legal description of the resulting parcels, and any other information determined by the Zoning Administrator to be necessary. Public Hearing. The Planning Commission shall hold a public heating on the completed application for a minor subdivision in accordance with the requirements of this Section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. City Council Action. The City Council shall make the final decision regarding the application for a minor subdivision. Approval of a minor subdivision shall require a simple majority vote of the City Council. Required Findings. The City Council shall make each of the following findings before approving a minor subdivision: 1. The proposed subdivision of land will not result in more than three lots. The proposed subdivision of land does not involve the vacation of existing easements. All lots to be created by the proposed subdivision conform to lot area and width requirements established for the zoning district in which the property is located. The proposed subdivision does not require the dedication of public rights- of-way for the purpose of gaining access to the property. The property has not previously been divided through the minor subdivision provisions of this Ordinance. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance -- Section 4 Page 4-11 (7) 6. The proposed subdivision does not hinder the conveyance of land. The proposed subdivision does not hinder the making of assessments or the keeping of records related to assessments. The proposed subdivision meets all of the design standards specified in the Section 14 (Subdivision Regulations). Conditions of Approval. The City Council may establish any reasonable conditions of approval that are deemed necessary to protect the public interest and ensure compliance with the provisions of this Ordinance, including, but not limited to, the following: The applicant shall provide required utility and drainage easements for all newly created lots and be responsible for the cost of filing and recording written easements with the Anoka County Recorder's Office. The applicant shall pay parkland dedication fees for each lot created beyond the original number of lots existing prior to subdivision, except when such fees have been applied to the property as part of a previous subdivision. Recording of Minor Subdivision. Upon approval of a minor subdivision, the applicant shall be responsible for filing the subdivision survey with the Anoka County Recorder's Office. Any minor subdivision approved under this Section shall become invalid if the minor subdivision is not filed with the Anoka County. Recorder within one (1) year of the date of the City Council action. 9.411 Preliminary Plats. (1) Purpose. A preliminary plat is a drawing intended to illustrate the proposed subdivision of land within the City. Preliminary plat approval is required for all subdivisions of land not specifically exempted in this Ordinance. Approval of a preliminary plat is authorization to proceed with the final plat and does not constitute approval of the subdivision. (2) Right of Application. Any person having a legal interest in the property may file an application for a preliminary plat. (3) Application for Preliminary Plat. An application for a preliminary plat shall be filed with the Zoning Administrator on the approved form and shall be accompanied by an accurate boundary survey and legal description of the original parcel, five copies of the preliminary plat, and any other information determined by the Zoning Administrator to be necessary. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-12 (4) (5) (6) 9.412 (0 Public Hearing. The Planning Commission shall hold a public hearing on the completed application for a preliminary plat in accordance with the requirements of this Section. After the close of the heating, the Planning Commission shall make findings and submit its recommendation to the City Council. City Council Action. The City Council shall make the final decision regarding an application for a preliminary plat. Approval of a preliminary plat shall require a simple majority vote of the City Council. Required Findings. The City Council shall make each of the following findings before approving a preliminary plat: The proposed preliminary plat conforms with the requiremems of Section 14 of this Ordinance. 2. The proposed subdivision is consistent with the Comprehensive Plan. The proposed subdivision comains parcel and land subdivision layout that is consistent with good planning and site engineering design principles. Expiration of Preliminary Plat. An approved preliminary plat shall be valid for a period of one year from the date of City Council approval. In the event that a final plat is not submitted within this time period, the preliminary plat will become void. Final Plats. Purpose. A final plat is a drawing representing the proposed subdivision of land within the City and serves as the document for recording purposes, as required by the Anoka County Reeorder's Office. Right of Application. Any person having a legal interest in the property may file an application for a final plat. A preliminary plat for the property must have been approved within the past year for a final plat application to be accepted by the City. Application for Final Plat. An application for a final plat shall be filed with the Zoning Administrator on the appmved form and shall be accompanied by five copies of the final plat and any other information determined by the Zoning Administrator to be necessary. Public Hearing. The Planning Commission shall hold a public heating on the complete application for a final plat in accordance with the requirements of this Section. After the close of the hearing, the Planning Commission shall make findings and submit its recommendation to the City Council. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-13 (7) 9.413 City Council Action. The City Council shall make the final decision regarding an application for a final plat. Approval of a final plat shall require a simple majority vote of the City Council. Required Findings. The City Council shall make each of the following findings before approving a final plat: 1. The final plat substantially conforms to the approved preliminary plat. 2. The final plat conforms with the requirements of Section 14 of this Ordinance. Recording of Final Plats. Upon approval of a final plat, the applicant shall be responsible for filing and recording the final plat with the Anoka County Recorder's Office within one year of the date of City Council action. In the event that a final plat is not recorded within this time period, the final plat will become void. Site Plan Review. Purpose. The purpose of the site plan review process is to promote the efficient use of land and visual enhancement of the community, ensure that newly developed and redeveloped properties are compatible with adjacent development, and that traffic conflicts, public safety and environmental impacts are minimized to the greatest extent possible. Site Plan Review Required. All site development plans for new development, or additions to existing structures other than one and two family residences, shall be reviewed and approved by the Planning and Zoning Commission and Development Review Committee prior to the issuance of a building permit. Required Information. An application for site plan review shall be filed with the Zoning Administrator on the approved form and shall be accompanied by a vicinity map; an accurately scaled site plan showing the location of proposed and existing buildings, existing and proposed topography, vehicular access and parking areas, landscaping, and other site features; elevation views of all proposed buildings and structures; and any other information determined by the Zoning Administrator to be necessary. Required Findings. The Development Review Committee shall conduct the administrative review of all site plan approval requests. All findings and decisions of the Committee shall be forwarded to the Planning and Zoning Commission for final decision, unless the Zoning Administrator determines that Development Review Committee approval of site plan is sufficient. The Planning and Zoning Commission shall make each of the following findings before approving a site plan: City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-14 a) b) c) d) The site plan conforms to all applicable requirements of this Ordinance. The site plan is consistent with the applicable provisions of the City's Comprehensive Plan. The site plan is consistent with any applicable area plan. The site plan minimizes any adverse impacts on property in the immediate vicinity and the public right-of-way. Conditions of Site Plan Approval. The Development Review Committee and the Planning and Zoning Commission may impose conditions of approval on any site plan and require guarantees deemed necessary to ensure compliance with the requirements of this Section. Changes to Approved Site Plan. An approved site plan may not be changed or modified without the approval of the City Zoning Administrator. If the proposed change is determined by the Zoning Administrator to be minor in nature, a revised site plan may not be required. In all other cases, a revised site plan shall be submitted for review and approval in accordance with this Section. Expiration of Site Plan Approval. The approval of a site plan by the Planning and Zoning Commission shall be valid for a period of one year. 9.414 O) (2) (3) Other Development Approvals and Permits. Building Permits. Building permits are required in accordance with the adopted building code. No building permit shall be issued unless the proposed construction or use is in conformsnee with the requirements of this Ordinance and all necessary zoning approvals have been granted. Sign Permits. All signs displayed within the City are required to obtain a Sign Permit from the Zoning Administrator in accordance with Section 6 of this Ordinance, unless herein excluded. Site Plan Approval. All site development plans for development, other than one and two family residences, shall be reviewed and appmved by the Development Review Committee prior to the issuance of a buildIng permit. 9.415 (1) Enforcement Complaints. The Zoning Administrator shall have the authority to investigate any complaint alleging a violation of this Ordinance or the conditions of any zoning or plat approval, and take such action as is warranted in accordance with the provisions set forth in this Ordinance. (2) Procedure. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 4 Page 4-15 (3) (a) Notice of Violation. The Zoning Administrator shall provide a written notice to the property owner or to any person responsible for such violation, identifying the property in question, indicating the nature of the violation, and ordering the action necessary to remedy the violation, including a reasonable time period for action. Additional written notices may be provided at the Zoning Administrator's discretion. (b) Enfomement without Notice. Whenever the Zoning Administrator finds that an emergency exists in relation to the enfomement of the provisions of this Ordinance, which requires immediate action to protect the health, safety or welfare of the occupants of any structure, or the public, the Zoning Administrator may seek immediate enforcement without prior written notice. Violation and Penalties. Any person, firm or corporation violation any of the provisions of this Ordinance or any amendments thereto is guilty of a misdemeanor. Each day that a violation is permitted to exist shall constitute a separate offense. City of Columbia Heights Draft for Review - 10.24.00 Development Orcrmance - Section 4 Page 4~ 16 CHAPTER 9: SECTION 5: LAND USE AND DEVELOPMENT NON-CONFORMITIES 9.501 (1) (2) (3) General Provisions. Purpose. This Section regulates and limits the continued existence of uses, structures, lots and signs that were lawfully established prior to the effective date of this Ordinance but do not conform to the regulations set forth in this Ordinance. The zoning districts established in this Ordinance are designed to guide the future use of land within the City by encouraging the development and maintenance of desirable residential, commercial, industrial and public uses in specific locations throughout the City. The continued existence of non-conformities is inconsistent with the purposes for which the zoning districts are established and the gradual elimination ofnon-conformities is generally desirable. Continuation of Non-conformities. Legal non-conformities shall be allowed to continue as long as they remain otherwise lawful, subject to the provisions of this Section. Non-conformities that were not lawfully in existence on the effective date of this Ordinance shall be prohibited. Nothing contained in this Section shall be construed to permit a violation of any provision of the Columbia Heights City Code or the continuation of any unsafe or unsanitary condition. Change of Ownership. A change in tenancy, management or ownership of a non- conformity shall be allowed, provided there is no change in the nature or character of the non-conformity, except as otherwise provided by this Section. 9.502 (1) (2) (3) Non-conforming Uses. Non-conformity Established. Any use of land that is not identified as a permitted, provisional or conditional use within the zoning district in which the property is located shall be deemed a non-conforming use of land. Right to Continue. A legal non-conforming use of land may be continued as it existed on the effective date of this Ordinance, except as provided for herein. Expansion Prohibited. A non-conforming use of land shall not be enlarged, increased, expanded or changed in any manner or dimension except to comply with the provisions of this Ordinance. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 5 Page 5-1 (4) (9) (lo) Intensification Prohibited. A non-conforming use of land shall not be intensified in character or operation, including, but not limited to, increased hours of operation and the expansion of the use to a portion of the property not previously used. Repair and Maintenance. Minor repairs and routine maintenance of a structure containing or related to a non-conforming use of land that are necessary to keep the structure in a sound and safe condition are permitted. Discontinuation of Use. A non-conforming use of land that has been discontinued for a period of six (6) months shall not be re-established. Change of Use. A non-conforming use of land that has been changed to a conforming use shall not thereafter be changed back to any non-conforming use. A change in the use of land from one non-conforming use to another non- conforming use is prohibited. Reduction of Non-conformity. A non-conforming use that is reduced in size, intensity or otherwise becomes more conforming may not again be expanded or become less conforming. Removal of a structure, relocation of the use, and reduction or elimination of any site element (such as outdoor storage) is deemed a reduction in intensity. Damaged or Destroyed. A structure containing or relating to a non-conforming use of land that is damaged or destroyed by fire or natural causes, to the extent that the cost of repair is more than 50 percent of the assessed value, shall not be restored unless to a conforming use. However, any principal residential structure located in a LB (Limited Business District) which falls within the 'Town Square Concept' of the Columbia Heights Downtown Master Plan, and is damaged or destroyed by fire or natural causes over 50 % of the assessed value, the dwelling may be reconstructed in the same footprint as the original structure, but may not be expanded in size. Uses in Floodway District. Nonconforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Ordinance within a reasonable period of time as determined by the City Council, after a hearing for each such nonconforming use. The Board shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such nonconforming use, by reason of the limitation on establishment of competing businesses as a result of this Ordinance, shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Ordinance. 9.503 Non-conforming Structures. City of Columbia Heights Development Ordinance - Section 5 Draft for Review - 10.24.00 Page 5-2 (D (2) (s) (4) (5) Non-conformity Established. Any building or structure that does not conform to the setback, dimensional or density standards of the zoning district in which the property is located shall be deemed a non-conforming structure. Right to Continue. A legal non-conforming structure may be continued as it existed on the effective date of this Ordinance, except as provided for herein. Expansion Prohibited. A non-conforming accessory building shall not be enlarged, altered or expanded in any manner or dimension. A non-conforming principal structure shall not be enlarged, altered or expanded in any manner or dimension, unless the alteration or expansion: 1) does not increase the degree of non-conformity; 2) does not further infringe upon established setbacks or building restrictions; 3) does not exceed 50 percent of the assessed value of the structure over the life of the structure at the time it became nonconforming; and 4) would substantially reduce potential flood damages for the entire structure. Repair and Maintenance. Minor repairs and routine maintenance necessary to keep a non-conforming structure in a sound and safe condition are permitted. Damaged or Destroyed. A non-conforming structure that is damaged or destroyed by fire or natural causes, to the extent that the cost of repair is more than 50 percent of the assessed value, shall not be restored unless it is brought into conformance. However, any principal residential structure located in a LB (Limited Business District), which falls within the 'Town Square Concept' of the Columbia Heights Downtown Master Plan, and is damaged or destroyed by fire or natural causes over 50 % of the assessed value, the dwelling may be reconstructed in the same footprint as the original structure, but may not be expanded in size. Increased Livability. Alterations may be made to a building containing non- conforming residential units when the alteration will improve the livability thereof, provided it will not increase the number of dwelling units nor the outside dimensions of the building. 9.504 (2) Non-conforming Lots. Non-conformity Established. A lot of record that does not conform to the width, depth, lot area or frontage requirements of the zoning district in which the property is located is deemed a non-conforming lot. Combination of Lots Required. If two or more non-conforming lots are contiguous and under common ownership on the effective date of this Ordinance, such lots shall be combined for the purposes of development in order to satisfy the requirements of this Ordinance. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 5 Page 5-3 (3) (4) 9.505 Lot Developable. A non-conforming lot that can be used in conformity with all of the regulations applicable to the intended use, except that the lot is smaller that the minimum required in the applicable zoning district, can be used as proposed just as if it were conforming. Variance Required. Development of a non-conforming lot that will be conforming with all applicable regulations, except for applicable setback requirements, shall require a variance in accordance with the provisions found in Section 4 of this Ordinance. Non-conforming Signs. Non-conformity Established. A sign that was installed prior to July 13, 1981, and does not conform to the requirements of Section 6 of this Ordinance is deemed a non-conforming sign. Right to Continue. A legal non-conforming sign may be continued as it existed on the effective date of this Ordinance, except as provided for herein. Expansion Prohibited. A non-conforming sign shall not be enlarged, reconstructed or altered in any manner or dimension except to comply with the provisions of this Ordinance. Repair and Maintenance. Minor repairs and routine maintenance of a non- conforming sign that are necessary to keep the structure in a sound and safe condition are permitted. If the non-conforming sign requires significant repairs or replacement, the Zoning Administrator may require its removal. Discontinuation of Use. A non-conforming sign that has not been used for a period of six (6) months shall be removed from the property. Damaged or Destroyed. A non-conforming sign that is damaged or destroyed by any cause or means, to the extent that the cost of repair is more than 50 percent of the assessed market value, shall not be restored unless to a conforming sign. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 5 Page 5-4 CHAPTER 9: SECTION 6: LAND USE AND DEVELOPMENT GENERAL DEVELOPMENT STANDARDS 9. 601 2) General Provisions Purpose. The purpose of this Section is to establish regulations of general applicability to property throughout the City, to promote the orderly development and use of land, to minimize conflicts between uses of land, and to protect the public health, safety and welfare. Applicability. The regulations set forth in this Section shall apply to all structures and uses of land, except as otherwise provided in this Ordinance. 9.602 Lot Controls Purpose. Lot controls are established to provide for the orderly development and use of land, and to provide for adequate light, air, open space and separation of I1ses. Use of Lots. All lots shall be used in a manner consistent with the requirements of the zoning district in which the property is located. No part of any existing lot shall be used as a separate lot or for the use of another lot, except as otherwise provided in this Ordinance. 3) Lot Divisions. resulting from Ordinance. No lot shall be divided into two or more lots unless all lots such division conform to all applicable regulations of this 4) Lots of Record. A lot of record shall be deemed a buildable lot provided it has frontage on a public right-of-way and meets the setback and area requirements for the district in which it is located, or adjusted to conform as follows: a) A lot or lot of record upon the effective date of this Ordinance which is in a Residential District and which does not meet the requirements of this Ordinance as to area or width, may be utilized for single family detached dwelling purposes provided the measurements of such lot meets 100 percent of the front yard, side yard and rear yard setback requirements for the dislxict in which it is located and sixty (60) percent of the minimum lot area or lot width requirements for the district in which it is located. 5) Principal Buildings in Residential Districts. There shall be no more than one (1) principal building on a lot in any Residential District, unless otherwise provided for through a mixed use planned development. City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-1 6) H) Principal Buildings in Non-residential Districts. There may be more than one (1) principal building on a lot in Non-residential Districts, provided each building meets all of the requirements, including setbacks, of the district in which it is located. Required Yards. Yard requirements shall be as specified for the zoning district in which the lot is located. No yard or other open space shall be reduced in area or dimension so as to make such yard or other open space less than the minimum required by this Ordinance. If the existing yard or other open space is less than the minimum required, it shall not be further reduced. In addition, no required yard or other open space allocated to a building or dwelling group shall be used to satisfy yard, open space, or minimum lot area requirements for any other structure or lot. Setback Exception in Residential Districts. In any Residential District where the average depth of the front yard for buildings within two hundred (200) feet of the lot in question and within the same block front is lesser or greater than that required by Ordinance, the required front yard for the lot in question shall be the average plus or minus ten (10) percent of the depth; however, the depth of the required front yard shall not be less than ten (10)feet nor more than fifty (50) feet. Comer Lots. For comer lots, the shorter lot line abutting a public street shall be deemed the front lot line for purposes of this Ordinance, and the longer lot line abutting a public street shall be deemed a side lot line. Through Lots. For through lots, both lot lines that abut a public street or other fight-of-way shall be deemed front lot lines for purposes of this Ordinance, and the required front yard shall be provided along each front lot line. Yard Encroachments. The following uses shall not be considered as encroachments into required yards, provided they are not located closer than one (I) foot to the property line, except for fences: Comices, canopies, awnings, eaves, bay windows and other ornamental features, provided they do not extend more than three (3) feet into the required yard. b) Chimneys, air conditioning units, fire escapes, uncovered stairs, ramps and necessary landings, provided they do not extend more than four (4) feet into the required yard. c) Fences constructed and maintained in accordance with the applicable provisions of this Ordinance. City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-2 d) Driveways and parking areas constructed and maintained in accordance with the applicable provisions of this Ordinance. e) Accessory buildings constructed and maintained in accordance with the applicable provisions of this Ordinance. Mechanical equipment constructed and maintained in accordance with the applicable provisions of this Ordinance. g) Signs constructed and maintained in accordance with the applicable provisions of this Ordinance. Private swimming pools, tennis courts, basketball courts or other private recreational facilities constructed and maintained in accordance with the applicable provisions of this Ordinance. Traffic Visibility. No planting, structure or other obstruction shall be placed or allowed to grow on comer lots in a manner that will impede vision on the intersecting rights-of-way, in accordance with the following sight triangles: Street Intersections. No planting or structure in excess of thirty (30) inches above the abutting curb line shall be permitted within the sight triangle, defined as the area beginning at the intersection of the projected curb line of two intersecting streets, then thirty (30) feet along one curb line, diagonally to a point thirty (30) feet from the point of beginning on the other curb line, then back to a point of beginning. b) Street and Alley Intersections. No planting or structure in excess of thirty (30) inches above the abutting curb line shall be permitted within the sight triangle, defined as the area beginning at the point of intersection of the projected curb line and the alley right-of-way, then thirty (30) feet along the street curb line, diagonally to a point fifteen (15) feet from the point of beginning along said alley right-of-way or projection of the alley right-of-way, then back to the point of beginning. c) Alley and Alley Intersections. No planting or structure in excess of thirty (30) inches above the nearest edge of the traveled right-of-way shall be permitted within the sight triangle, defined as the area beginning at the point of intersection of the two alley right-of-way lines, then fifteen (15) feet along one alley right-of-way line, then diagonally to a point fifteen (15) feet from the point of beginning along the second alley right-of-way line, then back to the point of beginning. Any structures existing within this sight triangle shall be deemed non-conforming structures in accordance with the provisions of Section 5 of this Ordinance. City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-3 9.603 l) Height Limitations. The building and structure height limitations established for each zoning district shall apply to all buildings and structures, except that such height limitations may be increased by fifty (50) percent when applied to the following: a) b) C) d) e) 0 g) h) i) Church spires, steeples or belfries. Chimneys or flues. Cupolas and domes which do not contain usable space Towers, poles or other structures for essential serviEes. Flag poles. Mechanical or electrical equipment, provided said equipment does not occupy more than twenty-five (25) percent of the roof area. Television and ham radio antennas. Monuments. Telecommunication towers constructed in accordance with the provisions of Columbia Heights Tower Siting Ordinance # 1424. Accessory Uses and Structures Accessory Structures, Residential Uses. The following standards shall regulate the construction and maintenance of residential accessory structures: a) Each residentially zoned parcel shall be allowed two (2) detached accessory structures and one storage shed. b) No accessory structure shall be constructed or located within any front yard. c) Accessory structures for one and two family dwellings shall be set back a minimum of three (3) feet from the side lot line, and a minimum of five (5) feet from the rear lot line, a minimum of five (5) feet from any other building or structure on the same lot, and behind the principal structure building line in the front yard. d) An accessory structure shall be considered an integral part of the principal structure if it is connected to the principal building by a covered passageway. e) An accessory structure, or any combination of accessory structures, storage sheds and attached garages, shall not exceed one thousand (1,000) square feet in area. f) The height of an accessory structure shall not exceed the height of the principal structure or eighteen (18) feet in height, as measured to the highest point, whichever is less. City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-4 g) The wall height of an accessory structure shall not exceed nine (9) feet in height. h) Where the natural grade of the lot is ten (10) feet or more above or below the established curb level at the front building setback and access from an alley is not available, an accessory structure for the storage of not more than two (2) automobiles may be constructed within any yard, provided that at least one-half of the height is below grade level and the accessory structure is set back a minimum of twenty (20) feet from any right-of-way. i) The exterior color and design of an accessory structure shall be similar to the principal structure. Corrugated metal siding and roofs shall be prohibited. j) The building coverage on each residential lot, including principal and accessory structures, shall not exceed thirty-five (35) pement for lots of 6,500 square feet or less or thirty (30) percent for lots with morn than 6,500 square feet in area. k) Whenever a garage is so designed that the vehicle entry door(s) are facing a street or alley, the distance between the door(s) and the lot line shall be no less than twenty (20) feet for lots greater than 6,500 square feet, and shall be no less than fifteen (15) feet for lots 6,500 square feet or less. l) Accessory structures for multiple family dwellings shall be placed in the rear yard and shall be subject to the same height and exterior finish regulations as the principal structure for the district in which it is located, in addition to the requirements of this Section. m) Any accessory structure capable of storing one (1) or more motorized vehicle shall be provided with a hard-surfaced access driveway, no less than twelve (12) feet in width, to an adjacent public street or alley, and shall be no less than 20 X 20 in size. Accessory buildings shall not be located within any utility or drainage easement. o) All accessory buildings over 120 square feet in area shall require a building permit from the City. 2) Accessory Structures, Non-residential Uses. The following standards shall regulate the construction and maintenance of non-residential accessory structures: All accessory structures shall be subject to the same setback, height and exterior finish regulations as a principal structure for the district in which it is located. City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-5 b) The height of an accessory structure shall not exceed the height of the principal structure. c) All multiple story and accessory structures over 120 square feet in area shall require a building permit ~'om the City. 3) Home occupations. Home occupations are allowed in Residential districts, subject to the following standards: The home occupation shall be clearly incidental and subordinate to the residential use of the property. Exterior alterations or modifications that change the residential character or appearance of the dwelling, any accessory building or the property itself shall not be allowed. b) Only persons residing on the premises and no more than one (1) non- resident employee shall be engaged in the conduct of the home occupation on the premises at any given time. c) There shall be no outside storage of products, materials or equipment used in conjunction with the home occupation. d) The home occupation must be conducted within the principal residential structure and/or up to thirty (30) percent of the floor area of an accessory building or attached garage. e) The required off-street parking for the residential use shall not be reduced or made anusable by the home occupation. The home occupation shall not generate excessive traffic or parking that is detrimental to the character of the neighborhood. g) Shipment and delivery of products, merchandise or supplies shall be by single rear axle straight trucks or similar delivery trucks normally used to serve residential neighborhoods. h) There shall be no indications of offensive noise, odor, smoke, heat, glare, vibration, or electrical interference at or beyond the property line of the home occupation. i) Signage for the home occupation shall be limited to one (1) non- illuminated sign, not exceeding two (2) square feet in area and attached to the wall of the residential dwelling. j) The home occupation shall meet all applicable fire and building codes, as well as any other applicable City, State or Federal regulations. City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-6 k) The following home activities shall be prohibited as home occupations: i) ii) iii) iv) v) The operation of any wholesale or retail business unless it is conducted entirely by mail and does not involve the sale, shipment or delivery of merchandise on the premises. The sale of products incidental to the delivery of a service is allowed. Any manufacturing, welding, machine shop or similar use. Motor vehicle repair, either major or minor. The sale, lease, trade or transfer of firearms or ammunition. Headquarters or dispatch centers where persons come to the site and are dispatched to other locations. l) All home occupations shall be subject to a one-time registration with the City, on a form as required by the Zoning Administrator and with a fee as determined by the City Council. Private swimming pools and courts. All private swimming pools, tennis courts, ball courts and other private recreational facilities are subject to the following standards: a) The facility is not operated as a business or private club. b) The facility is not located within any required front or side yard. c) The facility is set back at least five (5) feet from any property line, including any walks, paved areas or related structures or equipment. d) For swimming pools, the pool itself, the rear yard, or the entire property shall be enclosed by a non-climbable wall, fence or combination thereof at least six (6) feet in height, with a self-closing gate capable of being secured with a lock so as to prevent uncontrolled access by children. If the only access is through a principal or accessory structure, such point of access shall be lockable. In the case of aboveground pools, pool sides that are vertical may contribute to the required fencing, provided all points of access are controlled to prevent access by children, including the removal of all ladders or stairs whenever the pool is not in use. e) For in-ground swimming pools, the pool is set back at least six (6) feet from the principal structure or any fi'ost footing. f) Lighting shall be so oriented so as not to cast light on adjacent properties. g) The facility shall not be located within any drainage or utility easement. City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-7 6) 7) 9.604 2) h) i) Any accessory mechanical apparatus shall be located at least thirty (30) feet from any residential structure on an adjacent lot. All swimming pools containing more than three thousand (3,000) gallons or with a depth in excess of forty-two (42) inches (3.5 feet) shall require a building permit from the City. Trash Handling Equipment. For all uses other than one and two family dwellings, trash and/or recycling collection areas shall be enclosed on at least three sides by an opaque screening wall or fence no less than six (6) feet in height. The open side of the enclosure shall not face any public street or the front yard of any adjacent property. Mechanical Equipment. Mechanical equipment, other than that accessory to one and two family dwellings, shall be placed and/or screened so as to minimize the visual impact on adjacent properties and from public streets. Screening may be accomplished through the use of walls or other design features that are architecturally compatible with the principal structure, screening vegetation, integrated parapet walls of sufficient height, or other means as approved by the Zoning Administrator. Dwellings. General Requirements. The following standards shall apply to all dwelling units within the City: a) All single family dwelling units shall be a minimum of twenty (20) feet wide at the narrowast point. b) No accessory building or recreational vehicle shall be used at any time as a dwelling unit. c) No basement dwelling (basements without upper floors) shall be used at any time as a dwelling unit. d) No more than three (3) unrelated adults shall be tenants in any single dwelling unit. Floor Area Requirements. The following floor area requirements shall apply to all dwelling units within the City: One-story dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot size is 6,500 square feet or less. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-8 b) c) d) e) f) g) h) i) One and one-half and two story dwellings shall have a minimum floor area of 960 square feet on the main floor, plus 120 square feet for each additional bedroom over two. Split-level dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot is 6,500 square feet or less. Split entry dwellings shall have a minimum floor area of 1,020 square feet, plus 120 square feet for each additional bedroom over three. The floor area may be reduced to 960 square feet if the lot is 6,500 square feet or less. Two family dwellings (duplexes) and town homes shall have a minimum floor area of 750 square feet per unit, plus 120 square feet for each additional bedroom over two. Efficiency apm'tments shall have a minimum floor area of 400 square feet per unit. One-bedroom apartments shall have a minimum floor area of 600 square feet per unit. Two bedroom apartments shall have a minimum floor area of 720 square feet per unit. Apartments with more than two bedrooms shall have a minimum floor area of 720 square feet per unit, plus 120 square feet for each additional bedroom over two. 9.605 l) Fences. General Requirements. The following standards shall apply to all fences. Fences may be constructed, placed or maintained in any yard or adjacent to a lot line in accordance with the requirements of this Section, b) The owner of the property upon which the fence is located shall be responsible for locating all property lines prior to constructing said fence. c) All fence posts and supporting members shall be placed within the property lines of the property on which the fence is located. City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-9 2) 3) d) All fences shall be situated so that they can be maintained from within the property boundaries of the property on which they are located. All fences shall be constructed so that the finished side or more attractive side of the fence faces the adjacent property or the public right-of-way. All fences shall be constructed of durable, weather-treated and restproofed materials. g) All fences shall be maintained and kept in good condition. h) Fence height shall be measured from the average grade to the top of the fence. In situations where a grade separation exists at the property line, the height of the fence shall be based on the measurement from the average point between the highest and lowest grade. i) Fences exceeding six (6) feet in height shall require a building permit from the City. Residential Fences. The following standards shall apply to all fences constructed in any residential zoning district or directly adjacent to any residential zoning district. a) No fence shall exceed seven (7) feet in height. Fences exceeding seven (7) feet in height shall be deemed structures. b) c) A fence extending across or into the required front yard setback shall not exceed forty-two (42) inches (3.5 feet) in height; however, fences that are less than 50% opaque may be up to forty-eight (48) inches (4 feet) in height. Fences exceeding six (6) feet in height shall require a building permit from the City. Non-Residential Fences. The following standards shall apply to all fences constructed in any commercial or industrial zoning district. No fence shall exceed eight (8) feet in height. Fences exceeding seven (7) feet in height shall be deemed structures. b) A fence extending across or into the required front yard setback shall not exceed four (4) feet in height; however, fences that are less than 50% opaque may be up to forty-eight (48) inches (4 feet) in height. c) A fence required to screen a commercial or industrial use from an adjacent residential use shall not exceed eight (8) feet in height or be less six (6) feet in height. In addition, said screening fence shall be no less than 80% opaque on a year round basis. city of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-10 9.606 l) 2) 3) Fencing of Play Areas. For parks and playgrounds, either public or private and located adjacent to a public right-of-way or railroad right-of-way, a landscaped yard area no less than thirty (30) feet in width, or a fence no less than four (4) feet in height, shall be installed between the facility and the right-of-way. Essential Services Purpose. The purpose of this section is to provide for the installation of essential services in a manner that does not adversely affect the public health, safety or welfare. Essential Services Allowed by Permit. The following essential services, when installed in any location in the City and installed primarily for the use of City residents, shall only require a permit from the City Engineer: a) All communication lines. b) Underground electrical transmission lines, overhead utility lines and electrical transmission lines intended to serve properties within the City. c) Pipelines for distribution to individual properties within the City. d) Substations with less than 33 KV. e) Radio receivers and transmitters accessory to an essential service, when placed on an existing utility pole, tower or light standard. Essential Services Requiring Conditional Use Permit: The following essential services, when installed in any location in the City and not primarily for the use of City residents, shall require a conditional use permit in accordance with the provisions of Section 4: a) All overhead and underground transmission lines not required for the local distribution network. b) All transmission pipelines. c) Substations in excess of 33 KV. d) Any pole or tower used exclusively for the placement of radio receivers or transmitters accessory to an essential service. e) Any essential service of which 75 % percent of the service provided or produced is not intended to serve properties within the City. City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-11 f) Any essential service requiring a structure that exceeds the maximum height for the zoning district in which it is located. 9.607 l) g) Any essential service requiring easements other than easements granted to the public. Temporary Uses and Structures. Temporary Uses and Structures Permitted. The following temporary uses and structures shall be permitted in all zoning districts unless specified otherwise, provided such use or structure complies with the regulations of the zoning district in which it is located and all other applicable provisions of this Ordinance: Garage sales. Residential garage sales shall be limited to a total of twelve (12) days of operation per calendar year at any residential location. Construction sites. Storage of building materials and equipment or temporary building for construction purposes may be located on the site under construction for the duration of the construction. c) Amusement events. Temporary amusement events, including the placement of tents for such events, may be allowed as a temporary use for a maximum of fifteen (15) days per calendar year. In residential districts, such temporary amusements shall be located on public or semi-public property only. d) Promotional activities. Promotional activities involving the outdoor sale or display of merchandise may be allowed as a temporary use in non- residential districts for a maximum of thirty (30) days per calendar year. e) Seasonal agricultural sales. The seasonal outdoor sale of agricultural products, including but not limited to produce, plants and Christmas trees, may be allowed as a conditional use (temporary in nature) for a maximum of 90 days per calendar year, provided such use does not utilize public right-of-way or public property for the sale or display of such items. Other temporary uses. In addition to the temporary uses and structures listed above, the Zoning Administrator may allow other temporary uses and structures for a maximum of 15 days per calendar year, provided the said use or structure is substantially similar to the uses and structures listed herein. 9.608 Performance Standards City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-12 (D (2) 3) 4) 5) 6) 8) 9) Purpose. These performance standards are established to minimize conflict between land uses, to preserve the use and enjoyment of property, and to protect the public health, safety and welfare. These standards shall apply to all uses of land and structures, and are in addition to any requirements applying to specific zoning districts. In General. No use or structure shall be operated or occupied so as to constitute a dangerous, injurious or noxious condition because of noise, odors, glare, hear, vibration, air emissions, electromagnetic disturbance, fire, explosion or other hazard, water or soil pollution, liquid or solid waste disposal, or any other substance or condition. No use or structure shall unreasonably interfere with the use or enjoyment of property by any person of normal sensitivities. In addition, no use or structure shall be operated or occupied in a manner not in compliance with any performance standard contained in this Ordinance or any other applicable regulation. Noise. All uses shall comply with the standards governing noise as adopted and enfomed by the Minnesota Pollution Control Agency. Odor Emissions. All uses shall comply with the standards goveming the odor emissions as adopted and enforced by the Minnesota Pollution Control Agency. Vibration. Uses producing vibration shall be conducted in such a manner as to make the vibration completely imperceptible from any point along the property line. In addition, all uses shall comply with the standards goveming vibrations as adopted and enforced by the Minnesota Pollution Control Agency. Air Emissions. All uses shall comply with the standards governing air emissions as adopted and enforced by the Minnesota Pollution Control Agency. Glare and Heat. Uses producing glare or heat shall be conducted within a completely enclosed building in such a manner as to make such glare and heat completely imperceptible from any point along the property line. In addition, all uses shall comply with the standards governing glare and heat as adopted and enfomed by the Minnesota Pollution Control Agency. Radiation and Electrical Emissions. All uses shall comply with the standards governing radiation and electrical emissions as adopted and enforced by the Minnesota Pollution Control Agency. Waste Material. All uses shall comply with the standards governing waste disposal as adopted and enforced by the Minnesota Pollution Control Agency. Explosive and Flammable Materials. All uses involving the manufacture, storage or use of explosive or timable materials shall comply with all applicable City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-13 regulations, including, but not limited to, the Minnesota Building Code and the Uniform Fire Code, and shall meet the following requirements: a) All uses involving the manufacture, storage or use of explosive or timable materials shall employ best management practices and the provision of adequate safety devices to guard against the hazards of fire and explosion, and adequate fire-fighting and fire-suppression devices standard in the industry. h) The manufacture or storage of any explosive or blasting agent, as defined in the Uniform Fire Code, shall be prohibited in all districts except the 1-2, General Industrial District. c) The storage of any ~ammable liquid shall be subject to the requirements established by the Uniform Fire Code and shall be reviewed by the State Fire Marshal. Hazardous Materials. All uses shall comply with the standards guveming hazardous waste as adopted and enforced by the Minnesota Pollution Control Agency. 9.609 Storm Water Management 9.609 (1) Purpose. The purpose of this Section is to promote, preserve and enhance the natural resources within the City and protect them from adverse effects oceasioned by poorly sited development or incompatible activities by regulating land alterations or development activities that would have an adverse and potentially irreversible impact on water quality and unique and fragile environmentally sensitive land; by minimizing conflicts and encouraging compatibility between land alterations and development activities and water quality and environmentally sensitive lands; and by requiring detailed review standards and procedures for land alterations or development activities proposed for such areas, thereby achieving a balance between urban growth and development and protection of water quality and natural areas. 9.609 (2) Definitions. For the purposes of this Section, the following terms, phrases, words, and their derivatives shall have the meaning stated below. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directive. Applicant - any person who wishes to obtain a building permit, preliminary plat approval or an excavation permit. Control Measure- a practice or combination of practices to control erosion and attendant pollution. City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-14 Detention Facility - a permanent natural or man-made structure, including wetlands, for the temporary storage of mnoff which contains a permanent pool of water. Excavation Activities - any excavation or filling activity as regulated by Section 9.610 of this Code. Flood Fringe - the portion of the floodplain outside of the floodway. Floodplain - the areas adjoining a watercourse or water basin that have been or may be covered by a regional flood. Floodwar - the channel of the watercourse, the bed of water basins, and those portions of the adjoining floodplain that are reasonably required to carry and discharge floodwater and provide water storage during a regional flood. Hvdric Soils - soils that are saturated, flooded, or ponded long enough during the growing season to develop anaerobie conditions in the upper part. Hvdrophvtic Veeetation - macrophytic plantlife growing in water, soil or on a substrate that is at least periodically deficient in oxygen as a result of excessive water content. Land Alteration - any change of the land surface including, but not limited to, removing vegetative cover, excavating, filling, grading, and the construction of utilities, roadways, parking areas and structures. Person - any individual, firm, corporation, partnership, franchisee, association or governmental entity. Public ~Faters - waters of the state as defined in Minnesota Statutes Section 103G.005, subdivision 15. Regional Flood- a flood that is representative of large floods known to have occurred generally in the state and reasonably characteristic of what can be expected to occur on an average frequency in the magnitude of a 100-year recurrence interval. Retention Facility - a permanent natural or man-made structure that provides for the storage of storm water rimoff by means of a permanent pool of water. Sediment - solid matter carried by water, sewage, or other liquids. Structure - any manufactured, constructed or erected building including portable structures and earthen structures. City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance -Section 6 Page 6-15 Wetlands - lands transitional between terrestrial and aquatic systems where the water table is usually at or near the surface or the land is covered by shallow water. For purposes of this definition, wetlands must have the following attributes: a. Have a predominance ofhydric soils; b. Are inundated or saturated by surface or ground water at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation typically adapted for life in saturated soil conditions; and c. Under normal circumstances support a prevalence of such vegetation. 9.609 (3) Scope and Effect. Subdivision 1. Applicability. This section shall apply to any land alteration requiring any of the following permits or approvals: a. a building permit for new multiple family residential (three or more attached dwelling units), commercial, industrial, or institutional development; b. a preliminary plat; c. land alteration permit as regulated by Section 9.610 of this Code; d. A building permit for a single family or two family residential dwelling except that only Section 9.609.6 Subd. 3-7 of this ordinance shall apply; or e. public improvement projects No building permit, preliminary plat, excavation permit or public improvement project shall be approved until approval of a storm water management plan has been obtained in strict conformsnee with the provisions of this Section. Subd. 2. Exemptions. The provisions of this Section do not apply to: a. Construction of a single family or two family dwelling or any structure or land alteration accessory thereto except that the provisions of Section 9.609.6, Subd. 3-7 shall apply; b. Any currently valid building permit, preliminary plat, excavation permit, or public improvement project approved prior to the effective date of this ordinance; c. Construction of agricultural structures or land alterations associated with agricultural uses unless an excavation permit is required by Section 9.610; City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-16 d. Installation of a fence, sign, telephone, and electric poles and other kinds of posts or poles; or e. Emergency work to protect life, limb, or property. 9.609 (4) Submission Requirements - Storm Water Management Plan. Subdivision 1. Storm Water Management Plan. A Storm Water Management Plan shall be submitted with all permit applications identified in Section 9.609.3, Subd. 1. Two sets of clearly legible blue or black lined copies of drawings and required information shall be submitted. Drawings shall be prepared to a scale appropriate to the site of the project and suitable for the review to be performed. At a minimum the scale shall be 1 inch equals 100 feet. The storm water management plan shall contain the following information, which may be combined into one or more drawings or may be combined with submission requirements of other permits or approvals. Existing Site Map A map of existing site conditions showing the site and immediately adjacent areas, including: The name and address of the applicant, the section, township and range, north point, date and scale of drawing and number of sheets; Location of the tract by an insert map at a scale sufficient to clearly identify the location of the property and giving such information as the names and numbers of adjoining roads, railroads, utilities, subdivision, towns and districts or other landmarks; Existing topography with a contour interval appropriate to the topography of the land but in no case having a contour interval greater than 2 feet; A delineation of all streams, rivers, public waters and wetlands located on and immediately adjacent to the site, including any classification given to the water body or wetland by the Minnesota Department of Natural Resources, the Minnesota Pollution Control Agency and/or the United States Army Corps of Engineers; Location and dimensions of existing storm water drainage systems and natural drainage pattems on and immediately adjacent to the site delineating in which direction and at what rate storm water is conveyed from the site, identifying the receiving stream, river, public water, or wetland, and setting forth those areas of the unaltered site where storm water collects; A description of the soils of the site, including a map indicating soil types of areas of critical erosion to be disturbed as well as a soil report containing information on the suitability of the soils for City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-17 the type of development proposed and describing any remedial steps to be taken by the developer to render the soils suitable; Vegetative cover and clearly delineating any vegetation proposed for removal; and 8. I00 year floodplain, flood fringes and floodways. Site Construction Plan A site construction plan including; Locations and dimensions of all proposed land disturbing activities and any phasing of those activities; 2. Locations and dimensions of all temporary soils or dirt stockpiles; Locations and dimensions of all construction site erosion control measures necessary to meet the requirements of this ordinance; Schedule of anticipated starting and completion date of each land disturbing activity including the installation of construction site erosion control measures needed to meet the requirements of this ordinance; and Provisions for maintenance of the construction site erosion control measures during construction. Plan of Final Site Conditions A plan of final state conditions on the same scale as the existing site map showing the site changes including: Finished grading shown at contours at the same interval as provided above or as required to clearly indicate the relationship of proposed changes to existing topography and remaining features; A landscape plan, drawn to an appropriate scale, including dimensions and distances and the location, type, size and description of all proposed landscape materials which will be added to the site as part of the development; A drainage plan of the developed site delineating in which direction and at what rate storm water will be conveyed from the site and setting forth the areas of the site where storm water will be allowed to collect; The proposed size, alignment and intended use of any structures to be erected on the site; City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-18 A clear delineation and tabulation of all areas which shall be paved or surfaced, including a description of the surfacing material to be used; and Any other information pertinent to the particular project which in the opinion of the applicant is necessary for the review of the project. 9.609 (5) Plan Review Procedure. Subdivision 1. Process. Storm water management plans meeting the requirements of Section 9.609.4 shall be reviewed by the Engineering Division in accordance with the standards of Section 9.609.6. The Director of Public Works, or designee, shall approve, approve with conditions, or deny the storm water management plan. Subd. 2. Duration. A storm water plan approved in accordance with this Section shall become void if the corresponding building permit, excavation permit, preliminary plat, or public improvement project expires or becomes invalid. Subd. 3. Conditions. A storm water management plan may be approved subject to compliance with conditions reasonable and necessary to insure that the requirements contained in this ordinance are met. Such conditions may, among other matters, limit the size, kind or character of the proposed development, require the construction of structures, drainage facilities, storage basins and other facilities, require replacement of vegetation, establish required monitoring procedures, stage the work over time, require alteration of the site design to insure buffering, and require the conveyance for storm water management purposes to the City or other public entity of certain lands or interests therein. Subd. 4. Letter of Credit. Prior to approval of any storm water management plan, the applicant shall submit a letter of credit or cash escrow to cover the estimated cost of site restoration. The letter of credit or cash escrow amount shall be based on $10,000 per acre of gross lot area with $5,000 minimum. Subd. 5. Amendment. A storm xvater management plan may be revised in the same manner as originally approved. 9.609 (6) Approval Standards. No storm water management plan which fails to meet the standards contained in this section shall be approved by the City. Subdivision 1. General Criteria for Storm Water Management Plans An applicant shall install or construct all storm water management facilities necessary to manage increased rimoff so that the two, ten, and hundred year storm peak discharge rates existing before the proposed land alteration shall not be increased and accelerated. Channel erosion shall City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-19 not occur as a result of the proposed land disturbing or development activity. The applicant shall give consideration to reducing the need for storm water management facilities by incorporating the use of natural topography and land cover such as wetlands, ponds, natural swales and depressions as they exist before development to the degree that they can accommodate the additional flow of water without compromising the integrity or quality of the wetland or pond. The following storm water management practices shall be investigated in developing a storm water management plan in the following descending order of preference: Infiltration ofrunoff on-site, if suitable soil conditions are available for use; Flow attenuation by use of open vegetated swales and natural depressions; 3. Storm water retention facilities; and 4. Storm water detention facilities. A combination of successive practices may be used to achieve the applicable minimum control requirements specified in subsection (a) above. Justification shall be provided by the applicant for the method selected. Subd. 2. Storm Water Retention: Criteria. Land alterations involving one (1) acre or more of total impervious surface area (existing and proposed) shall require on-site storm water retention facilities designed according to the most current technology as reflected in the MPCA publication "Protectinc, Water Oualitv in Urban Areas", and shall contain, at a minimum, the following design factors: A permanent pond surface area equal to two percent of the impervious area draining to the pond or one percent of the entire area draining to the pond, whichever mount is greater, b. An average permanent pool depth of four to ten feet; c. A permanent pool length-to-width ratio of 3: 1 or greater; A minimum protective shelf extending ten feet into the permanent pool with a slope of 10:1 beyond which slopes should not exceed 3:1: City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-20 A protective buffer strip of vegetation surrounding the permanent pool at a minimum width of 10 feet; All storm water retention facilities shall have a device to keep oil, grease, and other floatable material from moving downstream as a result of normal operations; Storm water retention facilities for new development must be sufficient to limit peak flows in each subwatershed to those that existed before the development for the two, ten, and hundred year storm event. All calculations and hydrologic models/information used in determining peak flows shall be submitted along with the storm water management plan; All storm water retention facilities must have a means to remove coarse-grained particles prior to discharge into a watercourse or storage basin. An extended detention basin, existing wetland when in conformante with Section 9.609.6, Subd. 3, or other storm water management facility may be used in place of a retention pond when a permanent pool of water is not desired with respect to public safety, character of surrounding development, and aesthetics as determined by the Director of Public Works. Subd. 3. Site Dewatering. Water pumped from the site shall be treated by temporary sedimentation basins, grit chambers, sand filters, upflow chambers, hydro-cyclones, swirl contenttutors or other appropriate controls as appropriate. Water may not be discharged in a manner that causes erosion or flooding of the site, receiving channels or wetlands. Subd. 4. Waste and Material Disposal. All waste and unused building materials (including garbage, debris, cleaning wastes, wastewater, toxic materials or hazardous materials) shall be properly disposed of off-site and not allowed to be carried by runoffinto a receiving channel or storm sewer system. Subd. 5. Tracking. Each site shall have graveled roads, access drives and parking areas of sufficient width and length to prevent sediment from being tracked onto public or private roadways. Any sediment reaching a public or private road shall be removed by street cleaning (not flushing) before the end of each workday. Subd. 6. Drain Inlet Protection. All storm drain inlets shall be protected during construction until control measures are in place with a straw bale, silt fence or City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-2 1 equivalent barrier meeting accepted design criteria, standards and specifications contained in the MPCA publication "Protecting Water Quality in Urban Areas." Subd. 7. Site Erosion Control. The following criteria (a. through d.) apply only to construction activities that result in runoff leaving the site. Channelized runoff from adjacent areas passing through the site shall be diverted around disturbed areas, if practical. Otherwise, the channel shall be protected as described below. Sheetflow runoff from adjacent areas greater than 10,000 square feet in area shall also be diverted around disturbed areas, unless shown to have resultant runoff rates of less than 0.S~./sec. across the disturbed area for the one-year storm. Diverted runoff shall be conveyed in a manner that will not erode the conveyance and receiving channels. All activities on the site shall be conducted in a logical sequence to minimize the area of bare soil exposed at any one time. Runoff from the entire disturbed area on the site shall be controlled by meeting either subsections 1 and 2, or subsections 1 and 3. All disturbed ground left inactive for fourteen or more days shall be stabilized by seeding or sodding (only available prior to September 15) or by mulching or covering or other equivalent control measure. For sites with more than ten acres disturbed at one time, or ifa channel originates in the disturbed area, one or more temporary or permanent sedimentation basins shall be constructed. Each sedimentation basin shall have a surface area of at least one- pement of the area draining to the basin and at least three feet of depth and constructed in accordance with accepted design specifications. Sediment shall be removed to maintain a depth of three feet. The basin discharge rate shall also be sufficiently low as to not cause erosion along the discharge channel or the receiving water. For sites with less than ten acres disturbed at one time, silt fences, straw bales, or equivalent control measures shall be placed along all sideslope and downslope sides of the site. If a channel or area of concentrated runoff passes through the site, silt fences shall be placed along the channel edges to reduce sediment reaching the channel. The use of silt fences, straw bales, or equivalent control measures must include a maintenance and inspection schedule. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-22 Any soil or dirt storage piles containing more than ten cubic yards of material should not be located with a downslope drainage length of less than 25 feet from the toe of the pile to a roadway or drainage channel. If remaining formore than seven days, they shall be stabilized by mulching, vegetative cover, tarps or other means. Erosion from piles which will be in existence for less than seven days shall be controlled by placing straw bales or silt fence barriers around the pile. In-street utility repair or construction soil or dirt storage piles located closer than 25 feet of a roadway of drainage channel must be covered with tarps or suitable alternative control, if exposed for more than seven days, and the storm drain inlets must be protected with straw, bale or other appropriate filtering barriers. Subd. 8. Wetlands. Existing wetlands may be used for storm water management purposes provided the following criteria are met: The wetland shall not be classified as a Group I or II water within the City Water Resource Management Plan. A protective buffer strip of natural vegetation at least 10 feet in width shall surround all wetlands. A sediment trapping device or area that is designed to trap sediments 0.5 millimeters in size or greater wit a trap volume size based upon a prescribed maintenance schedule shall be installed prior to discharge of storm water into the wetlands. The natural outlet control elevation of the wetlands if it is not a DNR public water, shall not be changed except when either i) the outlet is intended to restore the wetland to its original elevation, ii) the wetland basin is landlocked and the artificial outlet control is placed no lower than 1.5 feet below the ordinary high water mark, iii) the proposed level control is identified in the City Water Resource Management Plan, or iv) the level change is approved by a technical evaluation panel convened pursuant to the state Wetland Conservation Act of 1991 (WCA). The water fluctuation from storm water shall not be increased over what occurs naturally, except as provided in (d.iii) above. f. The wetland shall not be a protected fen. Wetlands shall not be drained or filled, wholly or partially, unless replaced by restoring or creating wetland areas in accordance with City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-23 the WCA. When wetland replacement is required, it shall be guided by the following principles in descending order of priority: Avoiding the direct or indirect impact of the activity that may destroy or diminish the wetland; Minimizing the impact by limiting the degree or magnitude of the wetland activity and its implementation; Rectifying the impact by repairing, rehabilitating, or restoring the affected wetland environment; Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the activity; and Compensating for the impact by replacing or providing substitute wetland resources or environments. If the wetland is a DNR public water, all necessary permits from the DNR shall be obtained. Subd. 9. Models/Methodologies/Computations. Hydrologic models and design methodologies used for the determination of mnoff and analysis of storm water management structures shall be approved by the Director of Public Works. Plans, specifications and computations for storm water management facilities submitted for review shall be sealed and signed by a registered professional engineer. All computations shall appear on the plans submitted for review, unless otherwise approved by the Director of Public Works. Subd. 10. Watershed Management Plans/Groundwater Management Plans. Storm water management plans shall be consistent with adopted watershed management plans and groundwater management plans prepared in accordance with Minnesota Statutes Section I03B.231 and 103B.255, respectively, and as approved by the Minnesota Board of Water and Soil Resources in accordance with the state law. 9.609 (7) Storm Water Management Fee. Subdivision 1. When Required. In lieu of the storm water management facilities required in Section 9.609.6 the City may allow an applicant to make a monetary contribution to the development and maintenance of community storm water management facilities designed to serve multiple land disturbing and development activities when consistent with the City's Water Resource Management Plan. Subd. 2. Calculation of Fee. The amount of monetary contribution shall be based on $0.25 per square foot of total impervious surface area (existing and City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-24 proposed) on the subject property. For preliminary plats, an estimated impervious coverage per lot, subject to the approval of the Director of Public Works, shall be included in the total impervious surface area calculation. Subd. 3. Payment of Fee. Payment of a monetary contribution shall occur as follows: a. Building Permit - upon issuance of building permit. b. Excavation Permit - upon issuance of excavation permit. c. Preliminary Plat - upon approval of final plat or commencement of land alteration, whichever occurs tint. 9.609 (8) Inspection and Maintenance. Subdivision 1. All storm water management facilities shall be designed to minimize the need of maintenance, to provide access for maintenance purposes, and to be structurally sound. In addition, the following maintenance standards shall apply: All storm water detention periods shall be maintained to ensure continued effective removal ofpollutants from storm water runoff. In addition, upon 50% of the pond's original design volume being filled with sediment, the sediment shall be removed and the pond restored to its original design. The Director of Public Works, or designated representative, shall inspect all storm water management facilities during construction, during the first year of operation and at least once every five years thereafter. The applicant shall provide all necessary easements upon the subject property for inspection and maintenance purposes of storm water management facilities as determined by the Director of Public Works. Storm water management facilities serving a single family residential area or subdivision, but more than one single family lot, shall be maintained by the City. The cost incurred by the City for maintenance of said facilities shall be assessed, levied through a special storm water taxing district against the properties contributing storm water runoff to or through the facility, or by the City's Storm water Utility. Storm water management facilities serving a multiple family residential building or development; a commercial, industrial or institutional building or development; or an individual parcel shall be maintained by the property owner on which the facility is located unless it is determined by the Director of Public Works that it is in the best interests of the City for the City to maintain such facilities. If the City is to maintain the storm City of Columbia Heights 3.12.01 Zmfmg and Development Ordinance - Section 6 Page 6-25 water management facilities, the cost incurred by the City for the maintenance may be assessed or levied as described in g4 above. 9.609 (9) Penalty. Any person, firm or corporation violating any provision of this Section shall be fined not less than deemed committed on each day during or on which a violation occurs or continues. 9.609 (10) Other Controls. In the event of any conflict between the provisions of this Section and the provisions of the City Code, the more restrictive standard prevails. 9.609 (11) Severability. Theprovisions of this ordinance are severable. If any provision of this Section or the application thereof to any person or cimumstance is held invalid, such invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application. 9.610 Land Alterations 1) Purpose. The purpose of this section is to manage land alterations within the City and provide for the review and approval of proposed Fades prior to land alteration activities. 2) In General. No person, firm or corporation may engage in any excavation, Fading or filling of any land in the City without first having secured a permit from the City Engineer in accordance with this Section. 3) Exemption. The removal of material for the purpose of constructing a basement or placement of footings are exempt from the provisions of this section, provided a Fading plan was submitted and approved as part of the review and approval process. Grading of new subdivisions or developments is also exempt from the provisions of this Section, provided a Fading plan was submitted and approved as part of the review and approval process. 4) Land Alteration Permit Required. A land alteration permit from the City Engineer is required for any of the following activities: a) Placement, removal or Fading of more than ten (10) cubic yards of earthen material on steep slopes adjacent to a lake or wetland, or within the shore or bluff impact zone of a lake or wetland. b) Placement, removal or Fading of more than ~fJ:y (50) cubic yards of earthen matcdai anywhere in the City. c) Placement, removal or Fading of earthen material within ten (10) feet of any property line or when such activity alters the drainage patterns of adjacent property. city of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-26 5) 6) Conditional Use Permit Required. A conditional use permit is required for any of the following activities: a) b) c) d) Placement, removal or grading of more than 500 cubic yards of earthen material on developed property zoned R-1 or R-2. Placement, removal or grading of more than 1,000 cubic yards of earthen material on undeveloped property zoned R-1 or R-2. Placement, removal or grading of more than 1,500 cubic yards of earthen material on property zoned R-3, R-4 or LB. Placement, removal or grading of more than 2,000 cubic yards of earthen material on property zoned GB, CBD, I-l, I-2, or MXD. Submittal Requirements. An application for a land alteration permit shall include the following: a) A legal description of the land to be altered. b) The nature of the proposed alteration and future use of the property. c) The starting date and completion date of the land alteration. d) The names and addresses of all the owners of all the land to be altered. e) Scaled plans showing the existing and proposed topography with two (2) foot contour intervals, and signed by a registered surveyor or engineer in the State of Minnesota. 0 A scaled plan showing existing and proposed vegetation and ground cover. g) An erosion and sedimentation control plan. 9.611 l) 2) 3) Exterior Lighting In General. No use shall be operated or occupied so as to create light or glare in such an amount or to such a degree of intensity as to constitute a hazardous condition or a public nuisance. Lighting shall not create a sense of brightness that is substantially greater than the ambient lighting conditions so as to cause annoyance, discomfort, decreased visibility or a hazard for vehicular or pedestrian traffic. Lighting Fixtures. Lighting fixtures shall be of a downcast with flat lens, cut-off type that conceals the light source from view and prevents light ~'om shining on adjacent property. At no time should a fixture be aimed and/or tilted above a horizontal plane in commercial or industrial districts. Lighting Intensity. Lighting shall not directly or indirectly cause illumination or glare in excess of one-half foot-candle as measured at the closest residential property line and three (3) foot-candles as measured at the closest street curb line or non-residential property line. Lighting shall be maintained stationary and City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-27 4) s) 6) constant in intensity and color, and shall not be of a flashing, moving or intermittent type. Submission. Detailed plans showing fixture type, wattage, light source, location and elevation along with site point by point showing footcandles must be submitted. Lighting of Buildings. Lighting of building facades or roofs shall be located, aimed and shielded so that the light is directed only onto the fagade or roof. Exceptions. The following uses are exempt fxom the provisions of this section: a) Publicly controlled or maintained street lighting, warning lights, emergency lights, or traffic signals. b) Athletic fields and other outdoor recreational facilities serving or operated by an institutional or public use that is operated in accordance with all other applicable provisions of this Chapter. 9.612 l) 2) 3) 4) Off-street Parking and Loading Purpose. The purpose of off-street parking and loading requirements is to alleviate or prevent congestion of the public right-of-way, to provide for the parking and loading needs of specific uses, to minimize the incompatibility between parking and loading areas and adjacent uses, and to regulate the size, design, maintenance and location of required off-street parking and loading areas. Change of Use. If the use of a building or site is changed or intensified, parking and loading facilities shall be provided for the changed or intensified use in accordance with the provisions of this Section. Existing Facilities. Existing off-street parking and loading facilities shall not be reduced below the requirements for a similar new use or, if less than the requirements for a similar new use, shall not be reduced further. Use of Facilities. Required parking and loading spaces and driveways providing access to such spaces shall not be used for storage, display, sales, rental or repair of motor vehicles or other goods, or for the storage of inoperable vehicles or Snow. Off-street parking facilities accessory to residential uses shall be utilized solely for the parking of passenger automobiles and/or one truck not to exceed nine thousand (9,000) pounds gross capacity for each dwelling unit. Under no cimumstances, shall required parking facilities accessory to residential structures be used for the storage of commercial vehicles or for the parking of automobiles City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-28 5) 6) belonging to the employees, owners, tenants or customers of nearby business or manufacturing establishments. Location of Facilities. Required off-street parking spaces in the R-1 and R-2 zoning districts shall be located on the same lot as the principal building. Required off-street parking and loading facilities in all other zoning districts shall be located on the same lot or development site as the use served, except as follows: Off-site parking for multiple family and institutional uses shall be located no more than 200 feet from the main entrance of the use being served. b) Off-site parking for commercial or industrial uses shall be located no more than 400 feet from the main entrance of the use being served. c) Reasonable and improved access shall be provided from the off-site parking facility to the use being served. d) The site used for off-site parking shall be under the same ownership as the principal use being served or use of the off-site parking facility shall be protected by a recordable instrument acceptable to the City. Calculation of Requirements. Calculating the number of parking or loading required shall be in accordance with the following: a) Gross Floor Area. The term "gross floor area" for the purpose of calculating the number of off-street parking spaces required shall be determined based on the exterior floor dimensions of the building, structure or use times the number of floors, minus ten percent. b) Places of Public Assembly. In places or worship, stadiums, sports arenas and other places of public assembly in which patrons or spectators occupy benches, pews, or other similar seating facilities, each three (3) feet of such seating facilities shall be counted as one (1) seat for the purpose of determining requirements for off-street parking facilities under this Section. c) Capacity. In cases where parking requirements are based on capacity of persons, the capacity shall be based on the maximum number of persons that may occupy a place, as determined under the Building Code and posted within the establishxnent. d) Employees. When parking requirements are based on employee counts, such calculations shall be based on the maximum number of employees on the premises at any one time. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-29 7) e) Calculating Space. When calculating the number of off-street parking spaces required results in fraction, each fraction of one-half (1/2) or more shall require another space. Garage or Carport. A garage or carport shall be considered a parking space. However, a building pennit shall not be granted to convert a garage or carport to living space unless other acceptable provisions are made to provide the required parking space. g) Joint Parking. Except for shopping centers or where a shared parking arrangement has been approved by the City, the off-street parking requirements for each use in a multi-use structure or site shall be calculated separately in determining the total spaces required. Proof of Parking. In cases where the future potential use of a building may generate additional parking demand, the City may require a proof of parking plan for the site that shows how the anticipated parking demand will be met. Design and Maintenance of Parking Facilities. Off-street parking facilities are subject to the following design and maintenance requirements: Size of Parking Spaces. Each parking space shall be not less than nine (9) feet wide and twenty (20) feet in length, exclusive of an adequately designed system of access drives and curbed overhangs. In parking lots with more than three hundred (300) parking spaces, up to forty (40) percent of such spaces may be designated and clearly marked as compact car parking spaces with signage that is reasonably visible year around. A compact car parking space shall not be less than eight (8) feet wide and eighteen (18) feet in length, exclusive of the adequately designed system of access drives. b) Access and Circulation. Except for parking accessory to one and two family dwellings, each required off-street parking space shall have direct access to an aisle or driveway no less than 24 feet in width and designed to provide safe and efficient means of vehicular access to and from the parking space without using public right-of-way for maneuvering. c) Surfacing. All off-street parking areas, all driveways leading to such parking areas and all other areas upon which motor vehicles may be located shall be surfaced with a dustless all-weather hard surface material. Acceptable materials include asphalt, concrete, brick, cement pavers or similar material installed and maintained per industry standards. Crashed rock shall not be considered an acceptable surfacing material. City Of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-30 d) e) g) h) i) j) k) l) Drainage. Driveways shall not exceed a grade of 6 percent and all parking lots except those for less than four (4) vehicles shall be graded according to a drainage plan that has been approved by the City Engineer. Catch basins, sumps and underground storm sewers may be required. Curbing. Except for one-, two-, three- and four-family residential uses, all off-street parking areas, all driveways leading to such parking areas, landscape islands, and other areas upon which motor vehicles may be located shall have six (6) inch non-surmountable poured in place concrete perimeter curbing. In cases where existing circumstances or area practices make such curbing impractical, the requirement may be waived subject to submittal and approval of a parking area drainage plan by the City Engineer. Lighting. Lighting used to illuminate an off-street parking area shall comply with the performance requirements of this Section. The height of parking lot light poles or standards shall be no less than 12 feet and no more than the maximum height established for structures in the district in which the lights will be installed. Setbacks. Parking lots and loading areas shall be subject to the same setbacks as a structure for the district in which such parking is located. Signs. No sign shall be located in any parking area except as necessary for the orderly operation of traffic movement or parking regulation. Screening. All off-street parking areas containing six (6) or more parking spaces and located next to a residential use shall be screened with fencing or landscaping no less than six (6) feet in height that is 80% opaque on a year round basis. Landscaping. All setback areas shall be landscaped with grass, vegetation or other landscape material. The front yard setback area of all off-street parking areas containing six (6) or more parking spaces shall have a vegetative screen no less than 30 inches in height that is 80% opaque on a year round basis. Striping. All off-street parking areas containing six (6) or more parking spaces shall have the parking spaces and aisles clearly painted on the pavement according to the plan approved by the City. Maintenance. Parking areas and driveways shall be kept free of dirt, dust and debris, and the pavement shall be maintained in good condition. In winter months, required parking areas for commercial businesses shall be cleared of snow. Landscaping, lighting, fencing or other features installed City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-31 8) 9) in conjunction with parking areas shall also be maintained and kept in good condition at all times. Of/street Parking District. Should the City establish a public off-street parking district, those uses located within the district shall be exempt fi'om providing off- street parking spaces as required herein. Shared Parking. The City Council may approve the use of a required off-street parking area for more than one principal use on the same or an adjacent site if the following conditions are met: Location. The use for which application for shared parking is being made is located within 300 feet of the use providing the parking facilities. b) Nighttime Uses. Up to 50 percent of the off-street parking facilities required for a bowling alley, nightclub, school auditorium, theatre or similar nighttime use may be supplied by off-street parking facilities provided primarily for a daytime use. c) Sunday Use. Up to 75 percent of the off-street parking facilities required for a place of worship or similar Sunday use may be supplied by off-street parking facilities provided primarily for a daytime use. d) Daytime Use. For the purposes of this provision, the following uses are considered primarily daytime uses: financial institutions, offices, retail stores, personal service facilities and similar uses. e) Contract. A legally binding instrument for the shared use of off-street parking facilities shall be approved by the City Attorney and filed with the Anoka County Recorder's Office within 60 days after approval of the shared parking use. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-32 lo) Of~street Parking Requirements. Off-street parking shall be provided as specified in the following table, except as otherwise provided in this Section. Use Residential Uses Single-family Two-family Townhome/Twinhome Multiple-family One bedroom units Two bedroom or larger units Manufactured Home Park Residential Care Facility Convent/Monastery Rooming House/Group Living Quarters Nursing Home Senior Housing/Assisted Living Transitional/Emergency Housing Bed & Breakfast Home Minimum Spaces Required 2 per unit, two must be enclosed (garage) 2 per unit, two must be enclosed (garage) 2 per unit, two must be enclosed (garage) 1 per unit, must be enclosed (garage) 2 per unit, two must be enclosed (garage) 2 per unit 1 per employee, plus 1 per every 6 residents 1 per every 3 beds 2 per every 3 residents 1 per every 2 beds 1 per every 2 units 1 per employee, plus 1 per every 6 residents . 2 plus 1 per every room rented Public/Institutional Uses Community Center Drop-in Facility Golf Course Government Facility Religious facilities/Places of Worship School - Elementary/Junior High School - Senior High School - Vocational or Business School Performing/Visual/Martial Arts Determined by staff based on parking study 30% of building capacity 5 per hole, plus 30% of capacity of club house Based on type of use 1 per every 3.5 seats, capacity of main assembly area 10 plus 1 per classroom 10 plus 1 per every 6 students Determined by staff based on parking study - 30% of building capacity Commercial Uses Retail Sales/Services Retail Sales, Outdoor Auditorium/Places of Assembly Automobile Convenience Facility Automobile Repair 1 per 300sf, gross floor area 1 per 1,000sfofsales/display area 1 per 3.5 seats, based on design capacity 6 spaces, plus 1 per 300sf, gross floor area 1 per 300sf, gross floor area, plus 2 per service bay City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-33 Automobile Sales/Rental Banquet Hall Billiards Hall Bowling Alley Car Wash Clinic, Medical and Dental Clinic, Veterinary Club or Lodge Consignment/Thrift Store Currency Exchange Day Care Center Financial Institution Food Service, Convenience Food Service, Limited Food Service, Full-Service Funeral Home Greenhouse/Garden Center Health/Fitness Club Hospital Hotel/Motel Laboratory, Medical Liquor Store, Off-sale Museum/Gallery Office Pawnshop Personal Services Professional Services Recreational Facility, Indoor Recreational Facility, Outdoor 1 per 300sf, gross floor area, plus 1 per 1,000sf of outdoor sales/display area 1 per 3.5 seats, based on design capacity 30% of building capacity 5 per lane, plus 30% of capacity for related use(s) 2 spaces per bay, plus 4 stacking spaces per bay 1 per 300sf, gross floor area 6 per veterinarian 30% of building capacity 1 per 300sf, gross floor area 1 per 300sf, gross floor area 1 per every employee, plus 1 drop off space for every 5 enrollees 1 per 300sf, gross floor area, plus 6 stacking spaces for each drive-through lane 6 plus 1 per 40sfofdining/serviee area, plus 6 stacking space for each drive-through lane 30% of building capacity 30% of building capacity 1 per 5 seats, plus 1 per 300sfofnon-seating area 1 per 300sf, gross floor area, plus 1 per 1,000sf of outside sales/display area Determined by staff based on parking study Determined by staff based on parking study 1 per unit, plus 30% of capacity for meeting rooms 1 per 300sf, gross floor area 1 per 300sf, gross floor area 30% of building capacity 1 per 300sf, gross floor area 1 per 300sf, gross floor area I per 300sf, gross floor area or 2 per station, whichever is greater 1 per 300sf, gross floor area 1 per 150sfofrink, court, pool area, etc. 30% of facility capacity City of Columbia Heights 3.12.01 Zoning and Development 0rdmance - Section 6 Page 6-34 Recreational Vehicle Sales Shopping Center Studio, Professional Studio, Radio and Television Theater, Live Performance Movie or 1 per 300sf, gross floor area, plus 1 per 1,000sf of outdoor sales/display area 1 per 300sf, gross floor area 1 per 300sf, gross floor area Determined by staff based on parking study 1 per 3.5 seats, based on design capacity Industrial Uses Assembly/Manufacturing/Process ing Concrete, Asphalt Crushing Freight Terminal or Rock Maintenance Facility Office/Showroom Office/Warehouse Outdoor Sales/Display Outdoor Storage hinting/Publishing Salvage Operation Self-service Storage Facility Warehouse/Distribution 2 per every 3 employees or 1 per 1,000sf, gross floor area, whichever is greater 2 per every 3 employees 1 per 3,000sf, gross floor area of storage/warehousing, plus 1 per 300sf, gross floor area of office area 1 per 3,000sf, gross floor area, plus 1 per 300sf, gross floor area of office 1 per 300sf, gross floor area of office/showroom, plus 1 per 3,000sf, gross floor area of storage 1 per 300sf, gross floor area of office, plus 1 per 3,000sf, gross floor area of storage 1 per 1,000sf of sales/display area 1 per 3,000sf of storage area 2 per every 3 employees or 1 per 1,000sf, gross floor area, whichever is greater 2 per 3 _Employees 1 per 3,000sf, gross floor area of storage, plus 1 per 300sf, gross floor of office 1 per 3,000sf, gross floor area of storage/warehousing, plus 1 per 300sf, gross floor area of office/sales area City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-35 i1) 12) Stacking Requirements. Drive-up and drive-through facilities shall provide adequate stacking space for vehicles in accordance with the following table. Stacking spaces shall require a minimum pavement width of 12 feet, a length of 20 feet per vehicle, and shall be exclusive of any other required parking spaces or drive aisles. Use Automobile Washing Facility - Self Service Automobile Washing Facility - Automatic Food Service - Fast Food Drive-Through Financial Institution Other Drive-up or Drive-through Uses Minimum Stacking Spaces 4 spaces per bay at entrance, 1 space per bay at exit 4 spaces per bay at entrance, 1 space per bay at exit 4 spaces behind menu board, 4 spaces behind first window 4 spaces per teller window, 2 spaces per ATM kiosk 2 spaces per window Off-street Loading Requirements. Off-street loading space shall be provided for any non-residential use that receives or distributes materials or merchandise by tracks or similar vehicles and has a gross floor area of 5,000 square feet or more, in accordance with the following standards: a) Dimensions. Loading berths shall be no less than twelve (12) feet in width, fifty (50) feet in length and fourteen (14) feet in height, exclusive of aisle and maneuvering space. h) Location. Loading berths shall be located on the site and shall be separate from any required off-street parking. Loading berths shall not be located less than ~Ry (50) feet from the property line of any residential property or residentially zoned property. Loading berths shall not be located within the front yard setback area. c) Access. Each loading berth shall be located with appropriate means of vehicular access to and from a public street or alley, and shall not interfere with automobile or pedestrian traffic either on the site or adjacent to the site. d) Surfacing. All loading berths and access driveways shall be surfaced with a dustless all-weather material and constructed to control drainage according to a plan approved by the City Engineer. e) Use. Any space designated as a loading berth or access drive in accordance with the terms of this Section shall not be used for the storage of goods, inoperable vehicles or required off-street parking. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-36 Number. For facilities with less than 20,000 square feet gross floor area, the off-street loading requirements may be met by providing a designated loading zone on site, as opposed to constructing a loading berth. For facilities with 20,000 square feet gross floor area or greater, one off-street loading berth shall be provided for every 30,000 square feet gross floor area or fraction thereof. 9.613 l) 2) 3) Landscaping and Screening Purpose. Landscaping and screening requirements are established to buffer non- compatible land uses, screen unsightly views, reduce noise and glare, minimize storm water ranoff, and generally enhance the quality and appearance of development within the community. Landscape Plan Required. A landscape plan is required for all new commercial, industrial, institutional and multi-family development. For development having an anticipated construction value in excess of $250,000, the landscape plan must be prepared by a landscape architect registered in the State of Minnesota. Said landscape plan shall include the location, size, quantity and species of all existing and proposed plant materials. Design Considerations. The following design concepts and requirements should be considered when developing a landscape plan for submittal to the City: To the maximum extent possible, the landscape plan shall incorporate existing vegetative features on the site. The overall composition and location of landscaped areas should complement the scale of the development and its surroundings. Landscaped areas should be of adequate size to allow proper plant growth, protect plantings from both pedestrian and vehicular traffic, and provide adequate area for plant maintenance. A variety of trees and shrubs should be used to provide visual interest year round. No more than 50 percent of the required number of trees or shrubs may be comprised of any one species. No less than 25% of the required number of trees shall be over-story deciduous trees and no less than 25% shall be coniferous. Final slopes greater than 3:1 will not be permitted without special treatment such as terracing, retaining walls or special ground covers. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-37 J) All plant materials shall meet the following minimum size standards: Plant Type Trees Evergreen Deciduous - Over-story Deciduous -Omarnental Shrubs Evergreen Deciduous Screening Shrubs - Either Minimum Size at Planting 6 feet in height 2.5 inches diameter, measured 2 feet from base 2 inches diameter, measured 2 feet from base 2 feet in height 2 feet in height 3 feet in height 5) Landscaping Requirements. Landscaping shall be provided in accordance with the following requirements: a) All required setbacks shall be landscaped with turf grass, native grasses, trees, shrubs, vines, perennial flowering plants, or other pervious ground cover. h) A minimum of one (1) tree shall be planted for every fifty (50) feet of street frontage or fraction thereof. The trees shall be planted within the front yard and may be arranged in a cluster or placed at regular intervals to best complement existing landscape design patterns in the area. c) A minimum of four (4) trees shall be planted for every one acre of lot area covered by buildings, parking areas, loading areas, exterior storage areas and other impervious surfaces. d) Parking areas shall have a minimum of 100 square feet of landscape area and one over-story tree for each 20 spaces or fraction thereof. The remainder of the landscape area shall be covered with turf grass, native grasses, trees, shrubs, vines, perennial flowering plants, or other pervious ground cover. Screening Requirements. Screening shall be provided in accordance with the following requirements: a) All off-street parking areas containing six (6) or more parking spaces and located adjacent to or across a public right-of-way (street or alley) from a residential or residentially zoned property, the parking area shall be City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-38 6) screened along the boundary with the residential use. Where any commercial or industrial use is located adjacent to or across a public right- of-way (street or alley) from a residential or a residentially zoned property, the commercial or industrial use shall be screened along the boundary with the residential use. b) Exterior storage of materials or equipment, except for allowed retail sales and temporary placement of equipment, shall be screened from all adjacent non-industrial uses and from the public right-of-way. c) Required screening shall consist of a fence, wall, earthen berming and/or vegetation no less than six (6) feet in height and no less than 80% opaque on a year round basis. Said screening shall be located as close to the property line as practicable and no closer than 15 feet from the edge of a public right-of-way. Installation and Maintenance. The following regulations shall govern the installation and maintenance of landscaping and screening materials. All landscaping materials and screening materials shall be installed in conjunction with site development and prior to issuance of a final certificate of occupancy. b) A letter of credit shall be deposited with the Zoning Administrator, in an amount equal to one and one-half (1.5) times the estimated cost of landscaping and/or screening. The letter of credit, or portions thereof, shall be forfeited to maintain and/or replace materials for a period of time to include at least two (2) growing seasons. A portion of the letter of credit may be released after one growing season as determined by the Zoning Administrator. c) The property owner shall be responsible for continued maintenance of landscaping and screening materials to remain in compliance with the requirements of this Section. Plant materials that show signs of disease or damage shall be promptly removed and replaced within the next planting season. 9.614 Building Design Standards 1) Purpose. The purpose of this section is to promote quality development throughout the community that is attractive and visually compatible with adjacent development. City of Columbia Heights 3.12.01 Zoning end Development OrdinanCe - Section 6 Page 6-39 2) 3) Design Review Required. Approval of building elevations is required for all new commemial, industrial, institutional and multi-family development. Building design approval is also required for any remodeling or expansion activity that increases the overall size of the building by 10 percent or more. Building Materials and Design. The following material and design standards shall be adhered to: Building materials for all projects shall be durable, require low maintenance and be of the same or better quality than that used on surrounding properties. b) Building elevations and facades should include a variety of architectural features and building materials to provide visual interest and give each project a distinct character. Building facades shall contain windows at the ground level or first floor in order to increase security of adjacent outdoor spaces by maximizing natural surveillance and visibility. Special care should be given to building elevations that face a public right-of-way or a residential area. Doors, window flames, screening walls, and other architectural features should be finished to complement the color and material of the principal building. At least twenty (20) percent of the first floor facade that faces a public street, sidewalk or parking lot shall be windows or doors for residential uses. At least thirty (30) percent of the first floor facade that faces a public street, sidewalk or parking lot shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level for non-residential uses. Windows shall be distributed in a more or less even manner. Minimum window area shall be measured between the height of two (2) feet and ten (10) feet above the finished level of the first floor. c) All additions, exterior alterations or accessory buildings constructed after the original buildings shall be of the same material and design as the original structure. However, this provision shall not prohibit the upgrading of the quality of materials used in a remodeling or expansion activity, provided said upgraded material complements the original. d) All structures over 120 square feet shall have full perimeter footings. e) Steel flame slxuctures with metal siding and roof are allowed in Commercial and Industrial Districts provided 50% or more of the front of the structure is masonry type veneer and windows, and the side walls shall be at least four feet from grade with the same type ofmasortry veneer. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-40 4) Application of Master Plan District Provisions. Properties located within the district boundaries of master plan area shall also be subject to the district provisions of the master plan. 9.615 Telecorntnunication Towers/Antennae (Refer to separate Columbia Heights Tower Siting Ordinance # 1424) 9.616 Sign Regulations 1) Purpose. The purpose of this Section is to allow effective signage appropriate to the character of each zoning district, to promote an attractive environment by minimizing visual clutter and confusion, to minimize adverse impacts on nearby property and protect the public health, safety and general welfare. 2) Application. The sign regulations set forth in this Section shall apply to all structures and all land uses, except as otherwise prohibited by this Chapter. All signs allowed by this Section shall be limited to on-premise signs. 3) Permits. Permit Required. It shall be unlawful for any person to erect, build, construct, attach, hang, place, suspend, affix, structurally alter, or relocate any sign within the City without having first obtained a permit from the City unless herein excluded. Application for Sign Permit. An application for a sign permit shall be filed with the Zoning Administrator on the appmved form and shall be accompanied by such information as may be required to ensure compliance with the provisions of this Section, including but not limited to, the following: A drawing showing the proposed location of the sign for which the permit is being requested and the location of all existing signage on the premises. A drawing indicating the size, color, content and materials of the sign, as well as the method of construction and attachment to the building or to the ground. iii Engineering data showing the structure is designed to accommodate dead load and wind pressure, in any direction, in the mount required within this Section, when specifically requested by the Zoning Administrator. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-41 c) Application Fee. Fees for all sign permits shall be established by resolution of the City Council. Issuance of Permit. Upon the filing of a completed application for a sign permit, the Zoning Administrator shall examine all accompanying drawing and supplemental data to determine compliance with the requirements of this Section. Upon approval, the sign permit shall remain valid for a period of one (1) year. If no work has commenced within such time period, a new permit shall be required even if no changes have been made to the original site plan. Exemptions. The following changes shall not require a sign permit. These exceptions shall not be construed as relieving the owner of the sign from the responsibility for its proper erection and maintenance and its compliance with the provisions of this Ordinance or any other law or ordinance regulating the same. i) The changing of the advertising copy or message of a painted or printed sign. Except for theater marquees and changeable copy signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exception. ii) Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon, unless a structural change is made. 4) General Sign Standards. Construction Requirements. All signs shall be constructed and maintained in such a manner so as to present a professional appearance and maintained in accordance with the applicable provisions of the Uniform Building and Electrical Codes. The site on which the sign is constructed shall utilize existing finished grade, and shall not be raised, benned, or otherwise elevated above surrounding grade to achieve a greater height than allowed by this ordinance. b) Maintenance. All signs, including temporary signs, together with all of their supports, braces, guys, and anchors, shall be kept in good repair and in proper state of preservation. The display surfaces of all signs shall be kept neatly painted or posted. Every sign and the immediate surrounding premises shall be maintained by the owner or person in charge thereof in a safe, clean, sanitary, and inoffensive condition, and free and clear of all obnoxious substances, rubbish and weeds. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-42 5) c) Inspection. All signs for which a permit is required shall be subject to inspection by the Zoning Administrator. The Zoning Administrator, or any other official of the municipality who may be appointed by him is hereby authorized to enter upon any property or premises to ascertain whether the provisions of this Section are being obeyed. Exempt Signs. In all districts, the provisions of this section shall not apply to the following signs: Signs of any govemmental unit designed for regulatory and safety purposes. b) Memorial plaques, cornerstones and historical tablets. c) Political signs regulated per State Statute. d) Direction signs not morn than two (2) in number identifying the location and nature of a building, structure, or use which is not readily visible from the street, serving such building, structure, or use on lands forming part of the site of such buildings, structure, or uses, provided that each such sign is not more than ten (10) square feet in total area. e) Signs not exceeding nine (9) square feet in area located upon private property and directed toward the prevention of trespassing. Window signage that does not exceed twenty-five (25) percent of the total area of the window on or in which it is displayed. g) Temporary signs pertaining to drives or events of charitable, educational or religious organizations, provided that such signs shall not be erected or posted for a period of more than fourteen (14) days prior to the date of the event and shall be removed within three (3) days thereafter. Flags or emblems of political, civic, philanthropic, educational or religious organizations. i) Temporary on-site signs advertising the sale, lease, or rental of the lot or premises upon which such signs are situated, provided the combined area of such signs fronting upon each street which bounds such lot or premises shall not exceed a ratio of one (1) square foot of sign area for each one thousand (1,000) square feet. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 643 No such temporary on-site sign shall exceed eight (8) square feet nor remain past the date of termination of such offering. j) One on-site temporary sign advertising a group of lots for sale within a subdivision or a group of houses for sale within a housing project along each street ~'ontage which bounds such subdivision or project, provided that the total area of such sign shall not exceed the greater of sixty-four (64) square feet with no single dimension in excess of sixteen (16) feet or eight (8) square feet per lot or house for sale. No such on-site temporary sign shall remain past the date of sale of the last lot within the subdivision or the last house within the housing project. k) Temporary on-site signs indicating the name and nature of a construction or demolition project, plus the names of the contractors subcontractors, and professional advisors, provided the combined area of such signs fronting upon each street which abounds such project shall not exceed a ratio of two (2) square feet of sign area for each one thousand (1,000) square feet of lot area. In no case shall the combined area of such signs fronting upon each street exceed the greater of sixty-four (64) square feet with no single dimension in excess of sixteen (16) or eight (8) square feet per house or lot on which such construction or demolition is located. The display of such sign shall be limited to a period not to exceed the duration f the said construction or demolition project, at which time such signs shall be removed. 1) One (1) wall sign per dwelling for permitted home occupations not to exceed two (2) square feet per surface and limited to one (1) surface. m) Time and temperature signs not to exceed twenty (20) square feet per sign and one sign per side of building. n) One temporary on-site banner or pennant advertising the sale, lease or rental of the lot(s) or premises on which such a banner or pennant is situated, provided that the total area of such banner or pennant shall not exceed the ratio of one (1) square foot of sign area for each one thousand (1,000) square feet of building area plus one (1) square foot of sign area for each one thousand (1,000) square feet of lot area. No such banner or pennant need be less than thirty-two (32) square feet. No such banner or pennant shall remain past the date of the offering or be displayed for a period of more than one hnndred twenty days (120), whichever period is shorter. At the end of the display period, the site may not display a banner or pennant until at least 240 days have elapsed. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-44 6) Prohibited Signs. Signs that are not specifically permitted in this Section are hereby prohibited in all Districts unless criteria is presented to allow the Planning Commission to deem that the sign design preserves and maintains the community's unique historical and cultural elements. Without restricting or limiting the generality of the provisions of the foregoing, the following signs are specifically prohibited: a) A balcony sign and a sign mounted or supported on a balcony. b) Any sign that obstructs any part of a doorway or fire escape, c) d) g) h) i) j) Any sign which, because of its position, movement, shape, illumination or color constitutes a traffic hazard because it obstructs free and clear vision, or interrupts, confuses or misleads traffic. A private sign containing words or symbols, which might reasonably be construed as traffic controls. An animated or rotating sign, except barber poles and signs displaying time and temperature information only in the animated or rotating portion thereof. A flashing sign, including indoor flashing electrical signs visible from the public right-of-way, other than time and temperature signs limited to such time and temperature information. A sign or graphics painted directly on any exterior surface of a building or structure. However, sign letters and symbols may be attached directly to an exterior surface by adhesive or mechanical means. Any roof sign, unless attached to mansard roof or similar decorative style roof that is vertical in nature. A projecting sign which either extends more than eighteen (18) inches from the building or structure to which it is attached, or which is larger than three (3) feet in vertical height, other than canopy or marquee signs. Any sign that does not display the name of the manufacturer or maker permanently attached to, or painted or printed on, the exterior or structural supports of the sign. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-45 k) l) m) n) Any sign that is erected, placed or maintained by any person on a rock, fence, or trees. Any sign that interferes with any electric light, or power, telephone, telecommunications, or telegraph wires, or the supports thereof. Any sign containing electrical wiring which does not conform to the Electrical Code or the components thereof do not bear the label of an approved testing agency. Any window sign or signs which exceed twenty-five (25) percent of the total area of the window on or in which it is displayed. Portable signs. Temporary Signs. The following standards shall apply to temporary signs in all zoning districts. a) Any sign not considered permanent shall be considered temporary. b) Banners or pennants shall not exceed three (3) feet by twenty (20) feet in size, and shall be directly attached to the wall of the building. c) No temporary sign shall extend over or into any street, alley, sidewalk or other public thoroughfare a distance greater than four (40) inches from the wall upon which it is erected, shall not be placed or project over any wall and may not cover more than 25 percent of window area such that 75 percent of the total window area is kept clear at all times. d) No temporary sign shall be erected so as to prevent flee ingress to or egress from any door, window or fire escape, nor shall such sign be attached to any standpipe or fire escape. e) Unauthorized use of temporary signage shall be subject to the other sanctions as provided herein. Signs in Residential Districts R-1 and R-2. Permitted Signs. In the R-l, Single Family Residential District, and the R-2, Two Family Residential District, the following signs shall be permitted: City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-46 6) One (1) identification sign per dwelling unit not to exceed two (2) square foot per surface, and limited to one (1) surface attached directly to the structure. (ii) One (1) wall or ground sign for each conditional use other than the residential use, not to exceed sixteen (16) square feet per surface, and limited to two (2) surfaces. (iii) One (1) institutional sign not to exceed forty (40) square feet per surface, limited to two (2) surfaces, and set back a minimum often (10) feet from any property line. (iv) In case of multiple structures on one parcel, a second institutional sign may be installed provided there is a minimtm~ distance of seventy-five (75) feet between the two sign structures. b) Restrictions. Permitted signs in the R-I, Single Family Residential, and R-2, Two Family Residential Districts are subject to the following restrictions: (i) The maximum height of a sign, including its structures, shall not exceed eight (8) feet above the grade at street level or at the base of the sign, whichever is greater. (ii) No animated sign shall be permitted. (iii) All illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. (iv) The sign number and area permitted by this Section are considered maximums. These maximums, or any portions thereof which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned by such persons, or to any other owner(s), occupant(s) or user(s) of property in the same or other Districts. Signs in Residential Districts R-3 and R-4. a) Permitted Signs. In the R-3, Limited Multiple Family Residential District, and the R-4, Multiple Family Residential District, the following signs shall be permitted: City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-47 (i) One (1) identification sign per dwelling unit not to exceed two (2) square feet per surface, limited to one (1) surface, and attached directly to the structure for each single and two-family residence. (ii) One (1) area identification sign per lot line facing a public street not to exceed sixteen (16) square feet per surface and limited to two (2) surfaces, for each multiple dwelling. (iii) One (1) institutional sign not to exceed forty (40) square feet per surface, limited to two (2) surfaces, and set back a minimum often (10) feet from any property line. (iv) In case of multiple structures on one parcel, a second institutional sign may be installed provided there is a minimum distance of seventy-five (75) feet between the two sign structures. b) Restrictions. Permitted signs in the R-3, Limited Multiple Family Residential, and R-4, Multiple Family Residential Districts are subject to the following restrictions: (i) The maximum height of a sign, including its structures, shall not exceed eight (8) feet above the grade at street level or at the base of the sign, whichever is greater. (ii) No animated signs shall be permitted. (iii) All illuminated signs shall be shielded in such a way as to protect the rights of adjacent property owners from nuisance. (iv) The sign number and area permitted by this Section are considered maximums. These maximums, or any portions thereof which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned by such persons, or to any other property owned by such persons, or to any other owner(s), occupant(s) or user of property in the same or other Districts. 1 O) Signs in LB, Limited Business District. Permitted Simas. In the LB, Limited Business District, the following signs shall be permitted: City of Columbia Heights 3.12.01 Zoning and Developmere Ordinance - Section 6 Page 6-48 (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) Any number of wall signs on any side of a building not to exceed fifty (50) square feet of total surface area for all sign surfaces and limited to one surface per sign. Provided, however, that if a parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. One (1) fleestanding pylon sign only if the building or structure is located adjacent to a State Trunk Highway and located twenty (20) feet or more from the front lot line, not to exceed forty (40) square feet per surface, and limited to two (2) surfaces. If not located adjacent to a State Trunk Highway and/or where the twenty (20) foot setback cannot be met, one monument sign not to exceed forty (40) square feet in size, limited to two sides, not to exceed eight (8) feet in height, and set a minimum of five (5) feet from any property line. Any pylon or monument sign must be a minimum of five (5) feet from any building or structure on the same lot. One (1) wall sign on each side of the building which faces a public alley, not to exceed four (4) square feet per surface and limited to one (1) surface per sign. One (1) area identification sign for each shopping center not to exceed fifty (50) square feet per surface, and limited to four (4) surfaces, in addition to one (1) wall sign for each primary use business not to exceed fifty (50) square feet per surface, limited to one (1) surface. One (1) identification sign for each use other than primary use not to exceed two (2) square feet per surface, and limited to one (1) surface. One (1) wall sign per building with an area of the lesser of twenty (20) square feet or one-half (1/2) of a square foot for each from foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the City as approved public parking. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-49 b) Restrictions. Permitted signs in the LB, Limited Business District, are subject to the following restfictions: (i) Total sign area shall not exceed two (2) square feet for each front foot of the building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior faqade of the premises occupied by such tenant, user or owner. (ii) The maximum height of a pylon sign including its structure shall not exceed twenty (20) feet above grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign including its structure shall not exceed eight (8) feet above grade at street level or at the base of the sign, whichever is greater. (iii) The sign number and area permitted by this Section are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned, occupied or used by such persons, or to any other owner(s), occupant(s) or user(s) of property in the same or other Districts. 11 ) Signs in CBD, Central Business District. Permitted Signs. In the CBD, Central Business District, the following signs shall be permitted: (i) Any number of wall signs on any side of a building not to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that ifa parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces abutting residential parcel. (ii) One fleestanding pylon sign only if the building or structure is located adjacent to a State Trunk Highway and located twenty (20) feet or more from the front lot line, not to exceed seventy-five (75) square feet per surface, and limited to two (2) surfaces. Provided, however, that (a) if the building contains more than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (b) if City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-50 b) the street frontage of the site on which the building or structure is located exceeds one hundred fifty (150) feet in length, and (c) if the building is located twenty (20) feet or more from the front lot line and is located adjacent to a State Trunk Highway, a second freestanding sign not to exceed seventy-five (75) square feet and limited to two (2) surfaces shall be permitted at a location at least fifty (50) feet distant from any other freestanding sign and at least twenty-five (25) feet distant from the lot line of any adjoining parcel of land other than a street or alley. (iii) If not located adjacent to a State Tnmk Highway and/or where the twenty (20) foot setback cannot be met, one monument sign not to exceed forty (40) square feet in size, limited to two sides, not to exceed eight (8) feet in height, and set a minimum of five (5) feet from any property line. (iv) Any pylon or monument sign must be a minimum of five (5) feet from any building or structure on the same lot. (v) One wall sign on each side of the building that faces a public alley, not to exceed four (4) square feet per surface and limited to one surface per sign. (vi) One area identification sign for each shopping center not to exceed one hundred (100) square feet per surface, and limited to four surfaces; one wall sign for each primary use business, not to exceed one hundred (100) square feet per surface and limited to one surface. (vii) One identification sign for each user other than primary use, not to exceed two (2) square feet per surface, and limited to one surface. (viii) One wall sign per building with an area of the lesser of twenty (20) square feet or one-half (V2) of a square foot for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the City as approved public parking. Restrictions. Permitted signs in the CBD, Central Business District, are subject to the following restrictions: City of Columbia Heights 3.12.0 1 Zoning and Development Ordinance - Section 6 Page 6-5 1 (i) Total sign area shall not exceed two (2) square feet for each fi'ont foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. (ii) The maximum height of a pylon sign, including it structures, shall not exceed twenty (20) feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed eight (8) feet above grade at street level or at the base of the sign, whichever is greater. (iii) The sign number and area permitted by this Section are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned, occupied or used by such persons or any other owner(s), occupant(s) or user(s) of property in the same or other Districts. 12) Signs in the GB, General Business District. Permitted Signs. In the GB, General Business District, the following signs shall be permitted: (i) Any number of wall signs on any side of a building not to exceed two hundred (200) square feet of total surface area for all wall sign surfaces and limited to one surface per sign. Provided, however, that ira parcel offand on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of the building that faces the abutting residential parcel. One fleestanding pylon sign only if the building or structure is located adjacent to a State Tnmk Highway and located twenty (20) feet or more ~'om the ~'ont lot line, not to exceed seventy-five (75) square feet per surface and limited to two (2) surfaces. Provided, however, that (a) if the building contains morn than 80,000 square feet of gross floor area or the site on which the building is located contains more than 90,000 square feet of surface area, (b) if the street fxontage of the site on which the building or structure is located exceeds one hundred fifty (150) feet in length, and (c) if the building is located twenty (20) feet or City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-52 more from the front lot line and is located adjacent to a State Trunk Highway, a second freestanding sign not to exceed seventy-five (75) square feet and limited to two (2) surfaces shall be permitted at a location at least fifty (50) feet distant from any other freestanding sign and at least twenty-five (25) feet distant from the lot line of any adjoining parcel of and other than a street or alley. (iii) If not located adjacent to a State Trunk Highway and/or where the twenty (20) foot building setback cannot be met, one momtment sign not to exceed forty (40) square feet in size, limited to two sides, not to exceed eight (8) feet in height, and set a minimum of five (5) feet from any property line. (iv) Any pylon or monument sign must be a minimum of five (5) feet from any building or structure on the same lot. (v) One wall sign on each side of the building that faces a public alley, not to exceed four square feet per surface and limited to one surface per sign. (vi) One area identification sign for each shopping center, not to exceed one hundred (100) square feet per surface, limited to four surfaces, in addition to one wall sign for each primary use business, not to exceed one hundred (I00) square feet per surface, limited to one surface. (vi) One identification sign for each use other than primary use, not to exceed two square feet per surface, and limited to one surface. (vii) One wall sign per building with an area of the lesser of twenty (20) square feet or one-half(~) square feet for each front foot of a building or structure provided that the said sign is located on the same side of the building as an entrance approved by the City Building Official as a public entrance and provided that the said public entrance and sign faces a parking facility designated by the City as approved public parking. h) Restrictions. Permitted signs in the GB, General Business District, are subject to the following restrictions: (i) Total signage shall not exceed two square feet for each front foot of building or structure. In the case of multiple City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-53 occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. (ii) The maximum height of a sign, including its structures, shall include only the surface area on the exterior facade of the premises occupied by such tenant, user or owner. (iii) The maximum height of a pylon sign, including its structures, shall not exceed twenty-five (25) feet above the grade at street level or at the base of the sign, whichever is greater. The maximum height of a monument sign, including its structures, shall not exceed eight (8) feet above grade at street level or at the base of the sign, whichever is greater. (iv) The sign number and area permitted by this section are considered maximum. These maximums, or any portion thereof, which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned, occupied or used by such persons or to any other owner(s), occupant(s) or user(s) of property located in the same or other Districts. 13) Signs in I-1 and I-2 Industrial Districts. a) Permitted Signs. In the I-1, Light Industrial District, and the I-2, General Industrial District, the following signs shall be permitted: (i) Any number of wall signs on any side of a building to exceed one hundred (100) square feet of total surface area for all wall sign surfaces and limited to one surface per sing. Provided, however, that ifa parcel of land on which a building is located directly abuts residentially zoned land, no wall sign may be located on the side of building that faces abutting residential parcels. (ii) One fleestanding pylon sign only if the building or structure is located twenty (20) feet or more from the front lot line, not to exceed one hundred (100) square feet per surface, and limited to two surfaces. Where the twenty (20) foot setback cannot be met, one monument sign not exceed forty (50) square feet in size, limited to two sides, not to exceed ten (10) feet in height, and set a minimum of five (5) feet from any building or structure on the same lot. City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-54 (iii) Any pylon or monument sign must be a minimum of five (5) feet from any building or structure on the same lot. (iv) One identification sign for each use other than primary use, not to exceed two square feet per surface and limited to one (v) Billboards located adjacent to public streets with speed limits of forty-five miles per hour (45 mph) or more, placed at a minimum of fifteen hundred (1500) foot intervals, not to exceed one hundred (100) square feet per surface and limited to two surfaces. b) Restrictions. Permitted signs in the I-1, Light Industrial District, and the I-2, General Industrial District, are subject to the following restrictions: (i) Total sign area shall not exceed two (2) square feet for each front foot of building or structure. In the case of multiple occupancy, the wall surface for each tenant, user or owner shall include only the surface area on the exterior facade of the promises occupied by such tenant, user or owner. (ii) The maximum height of a sign including its structures shall not exceed twenty-five (25) feet above the grade at street level or at the base of the sign, whichever is greater. The maxima height of a monument sign, including its structures, shall not exceed ten (10) feet above grade at street level or a the base of the sign, whichever is greater. (iii) The sign number and area permitted by this Section are considered maximums. These maximums, or any portion thereof, which are not utilized by the owner(s), occupant(s) or user(s) of property are non-transferable to any other property owned, occupied or used by such person(s) or to any other owner(s), occupant(s) or user(s) of property located in the same or other Districts. Signs for Non-Conforming Residential Uses. Sign number and area for residential uses in Commercial, Business or Industrial Zones are limited to the maximum number and area for the actual use of the subject properly. Minimum Yard Requirements- Freestanding Signs. The minimum fi'ont, side and rear yard requirements for fleestanding signs shall be ten (10) feet from any property line or as otherwise stated in this City of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-55 ordinance. When the bottom edge of the freestanding pylon sign is eight (8) feet or more above grade, the leading edge of the sign may extend within one (1) foot of the property line Provided, however, no freestanding sign shall invade the area required for traffic visibility by this Section. city of Columbia Heights 3.12.01 Zoning and Development Ordinance - Section 6 Page 6-56 CHAPTER 9: LAND USE AND DEVELOPMENT SECTION 7: SPECIFIC DEVELOPMENT STANDARDS 9.701 General Provisions 1) Purpose. The purpose of this Section is to establish specific development standards that provide supplemental regulations to address the unique characteristics of certain land use. 2) Applicability. The regulations set forth in this Section shall apply to the specific use listed, whether it is identified as permitted, conditional or accessory within the applicable zoning district. These regulations shall be in addition to all other applicable regulations. 3) Specific Development Standards. The following uses are subject to specific development standards. Adult Entertainment Use a) Activities classified as obscene as defined by Minnesota Statute, Section 617.241 or successor statute, are prohibited. b) The use shall be located at least 1000 feet from any other adult entertainment use. c) The use shall be located at least 1000 feet from any facility with an on- or off-sale liquor, wine or beer license. d) The use shall be located at least 500 feet from any of the following protected uses: residentially zoned property or residential use; licensed day care facility; public or private educational facility classified as an elementary, middle or junior high or senior high school; public library; public park; or religious institution or place of worship. e) An adult entertainment use lawfully operating as a conforming use is not rendered non-conforming by the subsequent location of any use listed above within 500 feet. If the adult enterta'mment use is abandoned for a period of g0 days or more, it shall be deemed discontinued and subsequent use of the promises for adult entertainment will be required to meet the separation requirement. f) No more than one adult entertainment use shall be located on the property. g) The use shall not be located on any property that has a liquor license. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-1 h) Sign messages shall be generic in nature and shall only identify the type of business which is being conducted; signs shall not contain material classified as advertising. Animal Kennel or Shelter All activity shall be within a completely enclosed building with soundproofing and odor control. b) Outdoor kennels shall be prohibited. Automobile Convenience Facility The use shall be served by a major collector or higher functional classification of roadway. b) All buildings, canopies and pump islands shall meet the setback requirements for a principal structure in the zoning district in which the use is located. c) The storage of inoperable vehicles on the site is prohibited. d) The sale or repair of vehicles shall be prohibited. e) A landscape buffer with a minimum depth of ten (10) feet shall be installed and maintained along all abutting public rights-of-way. Canopy light fixtures shall be completely recessed within the canopy so that the lenses do not extend below the bottom surface of the canopy. g) Wherever fuel pumps are installed, pump islands shall be installed. h) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. i) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. j) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum often (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-2 k) There shall be no exterior display of merchandise for sale exceeding 50 square feet in area. 1) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. m) A minimum of two (2) access points for vehicular traffic shall be provided. Curb cuts shall be located no less than 50 feet from the intersecting fight-of-way line on collector roadways and no less than 80 feet from the intersecting right-of-way line on arterial roadways. Automobile Repair, Major a) All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. b) All work shall be performed within a completely enclosed building. c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. d) The sale of vehicles shall be prohibited, unless permitted by this ordinance or allowed by Conditional Use. e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum often (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. Automobile Repair, Minor a) All vehicles waiting for repair or pick-up shall be stored within an enclosed building or in designated off-street parking spaces. b) All work shall be performed within a completely enclosed building. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-3 c) All vehicles parked or stored on site shall display a current license plate with a current license tab. Outside storage of automobile parts or storage of inoperable or salvage vehicles shall be prohibited. d) The sale of vehicles shall be prohibited, unless permitted by this ordinance or allowed by Conditional Use. e) The use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum often (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. g) Any fuel sales or automobile convenience activities shall be subject to the applicable standards for automobile convenience facilities. Automobile Sales/Rental The use shall be served by a major collector or higher classification of roadway. b) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. c) Outdoor vehicle display areas within the public right-of-way are prohibited. d) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. e) Outdoor vehicle display shall be within a designated area that is hard- surfaced. Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible from adjacent residential properties. h) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-4 i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Bed & Breakfast Home The bed and breakfast home shall be part of an owner occupied residential structure and be operated by the property owner. b) No more than one (1) non-resident shall be employed in the operation of the facility. c) The exterior appearance of the structure shall not be altered from its single-family residential character. d) The total number of guestrooms shall not exceed four (4) in the R-3 and R-4 zoning districts and six (6) in the LB zoning district. All guest rooms shall be located within the principal structure. e) Separate kitchen facilities shall not be available for guests. Meals shall be prepared and served by the operator and shall be available to registered guests only. f) Guest stays shall be limited to no more than 14 consecutive days. g) Parking shall be accommodated on the property. Parking requirements for guests are in addition to those required for the principal residential use. h) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-5 Car Wash a) Water from the car wash shall not drain across any sidewalk or into any public right-of-way. b) Vacuum facilities shall be located in an enclosed structure or located at least 50 feet from any residential property line to avoid noise impacts. c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Clinic, Feterinary a) All activity shall be within a completely enclosed building with soundproofing and odor control. b) Outdoor kennels shall be prohibited. Concrete, Asphalt, Rock Crushing Operation a) The use shall be located a minimum of 1000 feet from any residentially zoned property or any residential use. b) An air quality plan shall be submitted describing stationary and mobile source air emissions, their quantities and compositions, and indicating conformante with all applicable regulations. c) A dust management plan shall be submitted describing dust emissions sources, their quantities and compositions, how dust will be collected, managed and disposed of and indicating conformance with all applicable regulations. d) A sound attenuation plan shall be submitted describing sources of sound and indicating conformante with all applicable regulations. e) A vibration-dampening plan shall be submitted describing sources of vibration and indicating conformance with all applicable regulations. A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. City of Columbia Heights Dra~c for Review - 10.24.00 Development Ordinance - Section 7 Page 7-6 Community Center The use shall be served by a minor collector or higher functional classification of roadway. b) The parcel upon which the use is located shall have a lot area no less than four (4) times the area of the building footprint. c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the community. e) All accessory residential, school or day care uses shall be subject to the provisions of this Chapter. Consignment/Secondhand Store a) The use shall be located at least 3000 feet from all existing consignment/secondhand stores, currency exchanges and pawnshops. b) The window and door area of any existing first floor fagade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. c) For new construction, at least thirty (30) percent of the first floor facade along a public street or sidewalk shall be windows or doors of clear or lightly tinted glass that allows views into and out of the building at eye level. d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. e) Consignors shall not be paid for merchandise until the merchandise has been sold to a third party. An appointment or set hours shall be required for the acceptance of consignment or donated merchandise. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-7 g) All receipt, sorting and processing of goods shall occur within a completely enclosed building. h) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon Currency Exchange The use shall be located at least 3000 feet from all existing currency exchanges, consignment/secondhand stores and pawnshops. b) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. c) For new construction, at least thirty (30) percent of the first floor facade along a public street or sidewalk shall be windows or doors of clear of lightly tinted glass that allows views into and out of the building at eye level. d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon Day Care Center a) The building and any exterior fenced areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. b) The play area shall be located away from the main entrance to day care, and shall be contained with a fence constructed of masonry, painted or treated wood or metal, at least five (5) feet in height. e) For child day care facilities, at least 75 square feet of outside play area shall be provided for each child under care. d) For adult day care facilities, at least 150 square feet of outdoor area for seating or exemise shall be provided for each adult under care. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-8 e) The use shall provide a designated area for the short-term parking of vehicles engaged in loading and unloading of children or adults under care. The designated area shall be located as close as practical to the principal entrance of the building and shall be connected to the building by a sidewalk. To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistant with the character of the neighborhood. h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Miunesota. i) Day care centers located in a school or religious institution building originally constructed for use as a school or religious institution shall be considered a permitted accessory use, provided the standards contained herein are met. j) Day care centers located within an existing commercial or industrial facility and used only by employees of the operation conducted on the site shall be considered a permitted accessory use, provided the standards contained herein are met. Day Care, Home a) The building and any exterior fenced areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. b) The designated play area shall be contained with a fence constructed of masonry, painted or treated wood or metal, at least five (5) feet in height. c) The exterior appearance of the structure shall not be altered ~'om its single-family residential character. d) For child day care facilities, at least 50 square feet of outside play area shall be provided for each child under care. e) For adult day care facilities, at least 150 square feet of outdoor area for seating or exercise shall be provided for each adult under care. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-9 f) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. g) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. Drive-up Facility a) The drive-up function shall be accessory to a conforming use. b) The use shall be served by a major collector or higher functional classification of roadway. c) The site shall accommodate vehicle stacking in accordance with the provisions of this Chapter. d) Any speaker system shall not be audible from any residentially zoned property or any residential use. Drop-in Facility a) The use shall be located at least 3000 feet from all existing drop-in facilities, eonsignment/secondhand stores, currency exchanges and pawnshops. b) The use shall conspicuously post legible signs at the public entrance(s) advising patrons of the hours of operation of the facility and its meal service, if applicable. c) A waiting area for clients shall be provided which shall be available to clients one (1) hour prior to the posted opening of the use and shall include toilet facilities. d) Trash receptacles shall be located at the public entrances. e) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Firearms Dealer/Shooting Range a) The use shall be located at least 300 feet from any residentially zoned property or any residential use. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-10 b) The use shall be located at least 500 feet from the following protected uses: licensed day care facility; public or private educational facility classified as an elementary, middle or junior high or senior high school; public library; public park; or religious institution or place of worship. c) No firearms or ammunition shall be displayed in window areas or any area where they can be viewed from any public street or sidewalk. Food Service, Convenience (Fast Food) a) The use shall be served by a major collector or higher functional classification of roadway. b) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. c) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. d) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing any litter found thereon. e) Curb cuts shall be located no less than 50 feet from the intersecting right- of-way line on collector roadways and no less than 80 feet from the intersecting right-of-way line on arterial roadways. f) A drive-up facility shall also be subject to the standards for a drive-up facility. Food Service, Limited (Coffee Shop/Deli/Bakery/Etc) a) Music or amplified sounds shall not be audible from adjacent residential uses. b) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Food Service, Full-Service (Restaurant/Nightclub) Where alcoholic beverages are served, not less than sixty (60) percent of the total gross sales revenue shall be from the sale of food and non- alcoholic beverages. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-11 b) Music or amplified sounds shall not be audible fi'om adjacent residential uses. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing liner found thereon. Freight Terminal a) b) Loading and unloading activities shall be located no less than 200 feet from any residential zoning district or residential use. Ovemight facilities for drivers shall provide on-site management 24 hours a day. The name and telephone number of the on-site manager shall be filed with the City. Funeral Home a) b) The use shall be served by a minor collector or higher functional classification of roadway. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. Hospital a) b) c) The use shall be served by a minor collector or higher functional classification of roadway. Emergency vehicle access shall not be adjacent to or located across the street ~'om any residential use. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. Multi-family in CBD a) b) The residential use is secondary to and located above the ground floor commercial use. The maximum number of units allowed shall be limited to the area of the parcel divided by 2000, times the number of floors above the Found floor commercial use. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-12 c) A minimum of one parking space shall be provided per residential unit within 400 feet of the most commonly used entrance. Nursing Home a) The use shall be served by a minor collector or higher functional classification of roadway. b) On-site services shall be for residents of the facility only. c) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. Outdoor Sales/Display The outdoor sales/display use shall be accessory to a commercial use. All outdoor sales/display areas shall meet the setback requirements for a principal structure in the zoning district in which it is located. Outdoor sales/display areas within the public right-of-way are prohibited. A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. All goods shall be displayed in a designated area that is hard-surfaced. All goods shall be displayed in an orde~y fashion, with access aisles provided as needed. Music or amplified sounds shall not be audible ~'om adjacent residential properties. The outdoor sales/display area shall not reduce the amount of off-street parking provided on site below the level required for the principal use. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. a) b) c) d) e) 0 g) h) i) City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-13 Outdoor Storage a) The outdoor storage area shall be accessory to a commercial or industrial use. b) Outdoor storage within the public right-of-way is prohibited. c) All outdoor storage areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. d) Outdoor storage areas shall be located in rear yards or in the side yard behind the front building line of the principal structure. e) The storage area shall be fenced and screened from adjacent uses and the public right-of-way. Required screening shall consist of a fence, wall, earth berming and/or vegetation no less than six (6) feet in height and no less than 80% opaque on a year around basis. All goods, materials and equipment shall be stored on an impervious surface. g) All goods, materials and equipment shall be stored in an orderly fashion, with access aisles of sufficient width to accommodate emergency vehicles as needed. h) The height of materials stored, excluding operable vehicles and equipment, shall not exceed the height of the screening provided. Parking Ramp a) Parking ramp structures shall meet the setback requirements for a principal structure in the zoning district in which the use is located. b) Exterior faqade materials shall be compatible with surrounding buildings. Pawnshop The use shall be located at least 1000 feet from all existing pawnshops, currency exchanges and consignmentJseeondhand stores. b) c) The window and door area of any existing first floor facade along a public street or sidewalk shall not be reduced, nor shall changes be made to such windows and doors that block views into and out of the building at eye level. For new construction, at least thirty (30) percent of the first floor facade along a public street or sidewalk shall be windows or doors of clear or City of Colttmbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-14 lightly tinted glass that allows views into and out of the building at eye level. d) The use of bars, chains or similar security devices that are visible from a public street or sidewalk shall be prohibited. e) All receipt, sorting and processing of goods shall occur within a completely enclosed building. The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon Recreational Vehicle Sales a) The use shall be served by a major collector or higher classification of roadway. b) Outdoor vehicle display areas shall meet the setback requirements for a principal structure in the zoning district in which the use is located. c) Outdoor vehicle display areas within the public right-of-way are prohibited. d) A landscape buffer with a minimum depth of 10 feet shall be installed and maintained along all abutting public rights-of-way. e) Outdoor vehicle display shall be within a designated area that is hard- surfaced. Outdoor vehicle display shall be in an orderly fashion, with access aisles provided as needed. g) Music or amplified sounds shall not be audible from adjacent residential properties. h) Outdoor vehicle display shall not reduce the amount of off-street parking provided on site below the level required for the principal use. i) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. j) Fuel pumps for the purpose of retail sale and dispensing of fuel to the general public shall be prohibited. If the use includes dispensing of fuel for the automobiles maintained on site, the use shall employ best City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-15 management practices regarding the venting of odors, gas and fumes. Such vents shall be located a minimum of ten (10) feet above grade and shall be directed away from residential uses. All storage tanks shall be equipped with vapor-tight fittings to eliminate the escape of gas vapors. Recreational Facility, Indoor The use shall be served by a minor collector or higher classification of roadway. h) The parcel upon which the use is located shall have a lot area no less than four (4) times the area of the building footprint. c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. Recreational Facility, Outdoor a) The use shall be served by a minor collector or higher classification of roadway. b) The site shall be no less than five (5) acres in size. c) The principal use of the site shall be the outdoor recreation facility, except for athletic fields that are accessory to an educational or community facility. d) The use shall be situated in such a way as to minimize the effects of lighting and noise on surrounding properties. e) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. f) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet of the use shall be inspected regularly for the purposes of removing litter found thereon. Religious Institution/Place Of Worship City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-16 a) The facility shall be served by a minor collector or higher functional classification of roadway. b) The parcel upon which the use is located shall have a lot area no less than four (4) times the area of the building footprint. c) To the extent practical, new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. e) All accessory residential, school or day care uses shall be subject to the provisions of this Chapter. Residential Care Facility The use shall be located at least one-fourth (1/4) mile (1,320 feet) from all existing residential care facilities or correctional residential care facilities, regardless of the licensing status of such facilities. b) The use shall not be located in a two-family or multiple family dwelling unless it occupies the entire structure. c) The facility shall be located on a parcel meeting the minimum lot size for a single family dwelling plus an area of 300 square feet for each resident over six (6). The maximum number of residents may be specified as a condition of the conditional use permit in order to meet this requirement. d) On-site services shall be for residents of the facility only. e) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use in located. To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the neighborhood. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-17 h) The primary purpose of the facility cannot be to treat juveniles who have violated criminal statutes relating to sex offenses or who have been adjudicated delinquent on the basis of conduct in violation of criminal statutes relating to sex offenses. i) The facility shall not provide accommodations to treat persons whose tenancy would constitute a direct threat to the health and safety of other individuals. h) The facility shall not accept court ordered referrals for treatment in lieu of incarceration without adequate security. i) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. j) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Residential Care Facility, Correctional The use shall be located at least one-fourth (1/4) mile (1,320 feet) from all existing residential care facilities and correctional residential care facilities, regardless of the licensing status of such facilities. b) The use shall not be located in a two-family or multiple family dwelling unless it occupies the entire structure. c) The facility shall be located on a parcel meeting the minimum lot size for a single family dwelling plus an area of 300 square feet for each resident over six (6). The maximum number of residents may be specified as a condition of the conditional use permit in order to meet this requirement. d) On-site services shall be for residents of the facility only. e) The building and any exterior fenced areas shall meet the setback requirements of the zoning district in which the use in located. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-18 t) To the extent practical, all new construction or additions to existing buildings shall be compatible with the scale and character of the surroundings, and exterior building materials shall be compatible with other buildings in the neighborhood. g) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening and other site improvements consistent with the character of the neighborhood. h) The facility shall meet all applicable housing, building and fire codes and be licensed as required by the State of Minnesota. i) If the size, location, licensing or purpose of the facility changes, a new or amended conditional use permit may be required. Salvage Operation/Transfer Station The use shall be located at least 500 feet from any residentially zoned property or any residential use. b) The use must comply with the minimum standards for operation, safety, storage and all waste management as identified in the most current version of MPCA Motor Vehicle Salvage Facility Environmental Compliance Manual or successor manual. c) The use must be served by a minor collector or higher functional classification of roadway. d) Buildings, parking areas, loading areas and any exterior storage shall meet the setback requirements for a principal structure in the zoning district in which the use is located. e) No vehicles or vehicle parts may be placed within the public right-of-way or on public property. Exterior storage shall be limited to a maximum height of 12 feet and shall be fully screened so that items stored do not exceed the height of the screening provided. g) An environmental management plan, including a storm water management and drainage plan, shall be submitted to address the impact of the facility on the environment. h) The salvage facility operator shall maintain a written record of all vehicles received, including the date received, date when fluids were removed and date removed from the facility. The record shall also include the vehicle City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-19 identification number, make and model and shall be initiated on the date the vehicle is received at the facility. i) All fluids, including but not limited to motor oil, transmission and/or transfer case lubricants, differential lubricants, fuel, antifreeze, refrigerants and window washing fluids shall be removed from the vehicle within three (3) days of receipt. j) All lead acid batteries, mercury containing devices and other hazardous materials shall be removed from the vehicle within three (3) days of receipt. k) On-site burning of trash, refuse, garbage or other waste materials is prohibited. 1) Salvage of materials by fire, burning, explosives or chemical decomposition is prohibited. SchooL K-12 The use shall include a regular course of study accredited by the State of Minnesota. h) The site shall be served by a major collector or higher classification of roadway. c) The parcel upon which the use is located shall have a lot area no less than four (4) times the area of the building footprint. d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. e) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-20 School Vocational/Business a) The site shall be served by a minor arterial or higher classification of roadway. b) The parcel upon which the use is located shall have a lot area no less than four (4) times the area of the building footprint. c) A master plan shall be submitted that describes proposed physical development for the next five (5) years and for the following five (5) years. Said plan shall include a description of proposed development phases and plans, development priorities, the probable sequence of proposed development, estimated dates of construction and the anticipated interim use of property waiting to be developed. d) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. e) New construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. School Performing/Visual/Martial Arts The site shall be served by a minor collector or higher classification of roadway. b) A transportation management plan shall be submitted to address off-street parking, bus loading and unloading, traffic control, and the impact of the facility on surrounding roadways. c) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. d) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-21 Shopping Center a) Only uses that are allowed within the zoning district in which the shopping center is located, shall be allowed in the shopping center. b) Uses that require a conditional use permit, site plan review or other land use approval shall comply with all review and approval requirements of this Chapter. c) The premises, all adjacent streets, sidewalks and alleys, and all sidewalks and alleys within 100 feet shall be inspected regularly for purposes of removing any litter found thereon. Transitional/Emergency Housing a) Transitional/emergency housing shall be located at least one-fourth (1/4) mile from all existing transitional/emergency housing. b) The maximum number of persons served shall not exceed 32. c) On-site services shall be for residents of the facility only, except where part of a regimen of scheduled post-residential treatment/service. d) To the extent practical, all new construction or additions to existing buildings shall be complementary and compatible with the scale and character of the surroundings and exterior materials shall be compatible with those used in the immediate neighborhood. e) An appropriate transition area between the use and adjacent property shall be provided by landscaping, screening or other site improvements consistent with the character of the neighborhood. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 7 Page 7-22 CHAPTER 9: SECTION 8: LAND USE AND DEVELOPMENT GENERAL DISTRICT PROVISIONS 9.801 (2) Establishment of Zoning Districts Primary Districts. In order to carry out the purposes and provisions of this Ordinance, all of the property within the City of Columbia Heights is hereby divided into the following Zoning Districts: Residential Districts R-1 Single Family Residential District R-2 Two-Family Residential District R-3 Limited Multiple Family Residential District R-4 Multiple Family Residential District Commercial Districts LB Limited Business District GB General Business District CBD Central Business District Industrial Districts I-1 Light Industrial District I-2 General Industrial District Mixed Use Planned Development District MXD Mixed Use District Overlay Districts. In order to carry out the purposes and provisions of this Ordinance, property within the City of Columbia Heights may also be subject to the following Overlay Zoning Districts: Overlay Districts FP Floodplain Management District SH Shoreland Management District (Reserved) City of Columbia Heights Dra~ for Review -10.24.00 Development Ordinance - Section 8 Page 8-1 9.802 (2) 9.803 Official Zoning Map Designation of Map. The location and boundaries of the zoning districts established by this Section are hereby established on the "Zoning Map of Columbia Heights, Minnesota," dated , which is hereby adopted as the official zoning map of the City. This map and all of the notations, references, amendments and other information shown thereon shall have the same force and effect as though fully set forth and described in this Ordinance. Maintenance of Map. The Zoning Administrator shall be responsible for maintaining the official zoning map. All amendments to the district boundaries as shown on the map shall be recorded within a reasonable time after official publication of the amendment. The official zoning map shall be kept in the Community Development Department and shall be open to public inspection at all times during which the City offices are customarily open. District Boundaries Interpretation. The following rules shall be used to determine the precise location of any zoning district or overlay district boundary, as shown on the official map: (a) Boundary lines shown as following or approximately following the corporate limits shall be construed as following such limits. (b) Boundary lines shown as following or approximately following streets, alleys or other public rights-of-way shall be construed as following the centerlines of such rights-of-way. (C) Boundary lines shown as following or approximately following platted lot lines or other property lines shall be construed as following such lines. (d) Boundary lines shown as following or approximately following railroad lines shall be construed as following the centerline of the main tracks of such railroad lines. (e) Boundary lines shown as following or approximately following shorelines of any lakes shall be construed as following the ordinary high water level of such lakes. In the event that the ordinary high water level changes, the boundary shall be construed as moving with the ordinary high water level. (I) Boundary lines shown as following or approximately following streams, rivers or other waterways shall be construed as following the channel centerline of such waterways. In the event that the location of such waterway naturally moves, the boundary shall be construed as moving with the channel centerline. City of Columbia Heights Draft for Review -10.24.00 Development Ordinance - Section 8 Page 8-2 (2) (3) (g) Boundaries shown as separated from and parallel or approximately parallel to any of the features listed herein shall be construed as parallel to such features and at such distances as actually shown on the official map. (h) If district boundary lines do not follow any of the above described lines, the district boundary lines are established as drawn on the zoning map and shown by written dimension. Property in Multiple Districts. Where a boundary line divides a lot of record which was in single ownership at the time of enactment of this Ordinance into two (2) or more zoning districts, any portion of such lot within fifty (50) feet of either side of such a dividing boundary line may be used for any use of either district; provided, however, if any portion of such lot shall extend beyond the fifty (50) foot limitation, the boundary line as shown shall prevail. Appeal of Interpretations. Appeals from the Zoning Administrator's determination and questions of doubt concerning the exact location of boundary lines shall be heard by the Board of Appeals and Adjustments. 9.804 Designation of Annexed Property. (1) Annexed property shall be placed in the R-l, Single Family Residential District, unless specific action is taken at the time of armexation to designate it otherwise. City of Colmbia Heights Draft for Review -10.24.00 Development Ord'mance - Section 8 Page 8-3 CHAPTER 9: SECTION 9: LAND USE AND DEVELOPMENT RESIDENTIAL DISTRICTS 9.901 Purpose. The residential zoning districts are established to preserve and enhance the quality of living in residential neighborhoods; provide a range of housing types and densities consistent with the Comprehensive Plan; regulate structures and uses which may affect the character or desirability of these residential areas; and provide directly related complementary uses that support the residential areas while safeguarding the residential character of these areas. 9.902 General Provisions. I) Compliance with Applicable Regulations. Any use established in a Residential District after the effective date of this Chapter shall comply with all applicable local, state and federal standards for such uses. 2) Administration. The administration and enforcement of this Section shall be in accordance with the provisions of Section 4, Administration and Enforcement. 3) Non-conformities. Non-conforming uses, structures, lots and signs within a Residential District shall be subject to the provisions of Section 5, Non- conformities. 4) Compliance with General Development Standards. Any use established, expanded or modified in a Residential District after the effective date of this Chapter shall comply with the applicable provisions of Section 6, General Provisions. 5) Compliance with Specific Development Standards. Any use established, expanded or modified in a Residential District after the effective date of this Chapter that is identified in Section 7, Specific Development Standards, shall comply with the applicable provisions of that Section. 6) State Licensed Residential Facility. State licensed residential facilities are allowed in all residential districts pursuant to Minnesota State Statues 462.357. 7) Prohibited Uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 9 Page 9-1 9.903 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Residential Districts shall be as specified in the following table. R-1 Minimum Lot Area Single Family Dwelling 8,400 sq. ft. Two-Family Dwelling Twinhome Dwelling Multiple Family Dwelling Non-residential Structure 8,400 sq. t~. Lot Area Per Dwelling Unit Single Family Dwelling 8,400 sq. ~. Two Family Dwelling Twinhome Dwelling Multiple Family Dwelling Efficiency One bedroom Two bedroom Three bedroom Additional bedroom Congregate Living Units Minimum Lot Width 70 feet Minimum Lot Depth Residential Building Setbacks Front Yard 25 feet Side Yard 7 feet* Comer Side Yard 12 feet Rear Yard 20% of lot depth R-2 R-3 R-4 6,500 sq. ~. 6,500 sq. t~. 6,500 sq. ft. 8,400 sq. ft. 8,400 sq. ft. 8,400 sq. ft. 9,000 sq. ft. 9,000 sq. ft. 9,000 sq. ft. 10,000 sq. ~. 10,000 sq. ~. 6,500 sq. ft. 10,000 sq. f~. 10,000 sq. ft. 6,500 sq. ~. 6,500 sq. ~. 6,500 sq. ft. 4,200 sq. ft. 4,200 sq. ft. 4,200 sq. ft. 4,500 sq. fL 4,500 sq. ft. 4,500 sq. ft. 60 feet 1,200 sq. ~. 800 sq. ft. 1,800 sq. ft. 1,000 sq. l~. 2,000 sq. ft. 1,200 sq. ft. 2,500 sq. ft. 1,500 sq. ~. 400 sq. ft. 200 sq. ft. 400 sq. ~. 400 sq. ft. 70 feet 70 ft. 25 feet 30 feet 15 feet 5 feet* 20 feet 10 feet 10 feet 30 feet 15 feet 20% of lot 30 feet 15 feet depth Non-residential Building Setbacks Front Yard 25 feet 25 feet 30 feet 15 feet Side Yard 40 feet 30 feet 25 feet 10 feet Comer Side Yard 12 feet l0 feet 30 feet 15 feet Rear Yard 40 feet 30 feet 25 feet 10 feet Single & Two Family Parking Setbacks Front Yard (excluding drives/pads) 25 feet 25 feet 30 feet 30 feet Side Yard 3 feet 3 feet 3 feet 3 feet Comer Side Yard 3 feet 3 feet 3 feet 3 feet Rear Yard 3 feet 3 feet 3 feet 3 feet Multiple Family Parking Setbacks Front Yard 30 feet 30 feet Side Yard 10 feet 10 feet Comer Side Yard 30 feet 30 feet Rear Yard 10 feet 10 feet Non-residential Parking Setbacks Front Yard 25 feet 25 feet 30 feet 30 feet Side Yard 10 feet 10 feet 10 feet 10 feet Comer Side Yard 25 feet 25 feet 30 feet 30 feet Rear Yard 10 feet 10 feet 10 feet 10 feet Maximum Height Residential structures 28 feet 28 feet 35 feet 35 feet Non-residential structures 35 feet 35 feet 35 feet 35 feet Non-residential Floor Area Ratio 2.2 * The side yard setback for structures in excess of two (2) stories shall be increased to 10 feet. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 9 Page 9-2 9.904 Zero Lot Line Setback Provisions. In the R-2, R-3 and R-4 districts, the yard for a single family attached dwelling may be reduced to zero (0) feet, provided that the following conditions are satisfactorily met: 1) The wall of the dwelling unit shall be placed upon said property line in a manner that does not encroach upon another property. 2) The applicant records all required agreements, easements and deed restrictions against all properties that abut the zero lot line. 3) The minimum front, side and rear building setbacks shall be applied to the structure as a whole, rather than to individual units. 4) The minimum lot area requirement shall be applied by dividing the sum of the area of all parcels occupied by the structure by the total number of dwelling units. 9.905 R-l, Single Family Residential District. I) Purpose. The purpose of the R-1 Single Family Residential District is to provide appropriately located areas for detached single family dwellings and directly related complementary uses. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-l, Single Family Residential District: a) b) c) d) Single-family dwelling, detached. State licensed residential care facility serving 6 or fewer persons. Licensed day care facility serving 12 or fewer persons. Licensed group family day care facility serving 14 or fewer children. Public parks and playgrounds. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-l, Single Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) 0 Religious facility/place of worship Convent or monastery, when accessory to a religious facility. School, public or private, K-12. Government office. Government protective service facility. Golf course. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 9 Page 9-3 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-l, Single Family Residential District: a) b) C) d) e) f) g) h) Private garages, carports and parking spaces. Accessory buildings. Home occupations. Boarding or renting of rooms to not more than two (2) persons. Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. Decorative landscaping, Gardening and other horticultural uses. Temporary construction buildings. Signs as regulated by Section 6 of this Chapter. 9.906 R-2, Two Family Residential District. Purpose. The purpose of the R-2 Two Family Residence District is to provide appropriately located areas for single-family dwellings, two family dwellings (duplexes) and directly related complementary uses. Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-2, Single Family Residential District: a) b) c) d) e) g) Single-family dwelling, detached. Two-family dwelling. Twinhome dwelling. State licensed residential care facility serving 6 or fewer persons. Licensed day care facility serving 12 or fewer persons. Licensed group family day care facility serving 14 or fewer children. Public parks and playgrounds. Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-2, Two Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) Religious facility/place of worship. b) Convent or monastery, when accessory to a religious facility, c) School, public or private, K-12. d) Government office. e) Govemrnent protective service facility. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 9 Page 9-4 f) Golf course. g) Off-street parking for an adjacent conforming commercial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and from on the same public right-of-way. Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-2, Two Family Residential District: a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 ofthis Chapter. 9.907 1) R-3, Limited Multiple Family Residential District. Purpose. The purpose of the R-3 Limited Multiple Family Residential District is to provide appropriately located areas for small lot single family dwellings, multiple family dwellings with up to eight units per structure (town homes, condominiams and apartments), congregate living arrangements and directly related complementary uses. Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-3, Limited Multiple Family Residential District: a) Single-family dwelling, detached. b) Two-family dwelling. c) Twinhome dwelling. d) Town home dwelling with up to eight units per structure. e) Multiple family dwelling with up to eight units per structure. f) State licensed residential care facility serving 6 or fewer persons. g) Licensed day care facility serving 12 or fewer persons. h) Licensed group family day care facility serving 14 or fewer children. i) Public park and/or playground. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 9 Page 9-5 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-3, Limited Multiple Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) Religious facility/place of worship. b) Convent or monastery, when accessory to a religious facility. c) School, public or private, K-12. d) Government office. e) Government protective service facility. f) Off-street parking for an adjacent conforming commemial or industrial use, provided the lots are under common ownership, is not separated by a public right of way and fi'ont on the same public right-of-way. g) State licensed residential care facility serving 7 to 16 persons. h) Licensed day care facility serving more than 12 persons. i) Congregate living facilities, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facilities, transitional housing and emergency housing j) Bed and breakfast home, when accessory to a single-family dwelling. k) Community center. 1) Recreational facility, indoor. m) Recreational facility, outdoor. n) Day care center, adult or child. Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-3, Limited Multiple Family Residential District: a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 of this Chapter. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 9 Page 9-6 9.907 R-4, Multiple Family Residential District 1) Purpose. The purpose of the R-4 Multiple Family Residential District is to provide for appropriately located areas for high density multiple family dwellings, congregate living arrangements and directly related complementary uses. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the R-4, Multiple Family Residential District: a) Single-family dwelling, detached. b) Two-family dwelling. c) Twinhome dwelling. d) Town home dwelling with up to eight units per structure. e) Multiple family dwelling. f) State licensed residential care facility serving 6 or fewer persons. g) Licensed day care facility serving 12 or fewer persons. h) Licensed group family day care facility serving 14 or fewer children. i) Public park and/or playground. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the R-4, Multiple Family Residential District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) g) h) i) j) Religious facility/place of worship. Convent or monastery, when accessory to a religious facility. School, public or private, K-12. School, vocational or business. Licensed day care facility serving more than 12 persons. Govemment office. Government protective service facility. Off-street parking for an adjacent conforming commemial or industrial use, provided the lots are under common ownership, is not separated by a public fight of way and front on the same public right-of-way. State licensed residential care facility serving more than 6 persons. Congregate living facilities, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facilities, transitional housing and emergency housing Bed and breakfast home, when accessory to a single-family dwelling. Community center. Recreational facility, indoor. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 9 Page 9-7 n) Recreational facility, outdoor. Day care center, adult or child. Manufactured home park. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be in the R-4, Multiple Family Residential District: a) Private garages, carports and parking spaces. b) Accessory buildings. c) Home occupations. d) Boarding or renting of rooms to not more than two (2) persons. e) Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. f) Decorative landscaping, Gardening and other horticultural uses. g) Temporary construction buildings. h) Signs as regulated by Section 6 of this Chapter. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 9 Page 9-8 CHAPTER 9: SECTION 10: LAND USE AND DEVELOPMENT COMMERCIAL DISTRICTS 9.1001 Purpose. The commercial districts are established to provide for a wide range of goods and services in locations throughout the community; provide employment opportunities; and enhance the livability of the community by providing convenient access to goods and services. 9.1002 General Provisions. 1) Compliance with Applicable Regulations. Any use established in a Commercial District after the effective date of this Chapter shall comply with all applicable local, state and federal standards for such uses. 2) Administration. The administration and enforcement of this Section shall be in accordance with the provisions of Section 4, Administration and Enforcement. 3) Non-conformities. Non-conforming uses, structures, lots and signs within a Commercial District shall be subject to the provisions of Section 5, Non- Conformities. 4) Compliance with General Development Standards. Any use established, expanded or modified in a Commercial District after the effective date of this Chapter shall comply with the applicable provisions of Section 6, General Development Standards. 5) Compliance with Specific Development Standards. Any use established, expanded or modified in a Commercial District after the effective date of this Chapter shall comply with the applicable provisions of Section 7, Specific Development Standards. 6) Prohibited Uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 10 Page 10-1 9.1003 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Commercial Districts shall be as specified in the following table. LB 'Minimum Lot Area 6,000 sq. Minimum Lot Width 50 feet _Minimum Lot Depth Lot Area Per Dwelling Unit Single Family Dwelling 6,500 sq. ft. Multiple Faimly Dwelling Efficiency 1,200 sq. ft. One bedroom 1,800 sq. it. Two bedroom 2,000 sq. ft. Three bedroom 2,500 sq. ft. Additional bedroom 400 sq. ft. Congregate Living Units 400 sq. ft. Hotel or motel 400 sq. it. Hospital 600 sq. ft. Building Setback Requirements Front Yard 12 feet Side Yard 15 feet Comer Side Yard 10 feet Rear Yard 20 feet ParkSrag Setback Requirements Front Yard 12 feet Side Yard 5 feet Comer Side Yard 12 feet Rear Yard 5 feet Maximum Height 35 feet Maximum Lot Coverage Floor Area Ratio GB CBD 6,000 sq. ft. 40 feet 20 feet 1,200 sq. 1,800 sq. ~. 2,000 sq. ft. 2,500 sq. ft. 400 sq, ft. 400 sq. ~. 15 feet 1 foot None None 15 feet 1 foot 20 feet 10 feet 15 feet I foot 5 feet None 15 feet I foot 5 feet 5 feet 35 feet 1.0 6.0 9.1004 LB, Limited Business District 1) Purpose. The purpose of the LB, Limited Business District is to provide appropriate locations for limited retail sales and services for the convenience of adjacent residential neighborhoods. These areas are located along collector or arterial roadways in close proximity to residential neighborhoods, arranged and designed to be a functional and harmonious part of the neighborhood, and accessible by public sidewalks or trails as well as by madways. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the LB, Limited Business District. a) b) c) d) City of Columbia Heights Multiple family dwelling. Government office. Government protective service facility. Public park and/or playground. Development Ordinance - Section 10 Draft for Review - 10.24.00 Page 10-2 e) 0 g) h) i) j) Clinic, medical or dental. Clinic, veterinary. Funeral home. Office, not exceeding 4,000 square feet in area. Studio, professional. Service, professional. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the LB, Limited Business District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) 0 g) h) i) j) k) 1) m) n) o) p) q) r) S) Religious facility/place of worship. Convent or monastery, when accessory to a religious facility. School, public or private, K-12. School, vocational or business. School, performing/visual/martial arts. Licensed day care facility, child or adult. Govemment maintenance facility. State licensed residential care facility. Congregate living facility, including rooming houses, group living quarters, nursing homes, senior housing, assisted living facility, traditional housing and emergency housing. Bed and breakfast home, when accessory to a single-family dwelling. Community center. Recreational facility, indoor. Recreational facility, outdoor. Single family dwelling, when accessory to a commercial use. Food service, limited (coffee shop/deli). Hospital. Museum/gallery. Retail sales, not exceeding 2,500 square feet in area. Hotel or motel. 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the LB, Limited Business District: a) b) c) d) Private garages, parking spaces and loading areas. Accessory buildings. Private swimming pools, tennis courts and other recreational facilities operated for the sole use and convenience of the residents of the principal use and their guests. Landscaping and other horticultural uses. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance- Section 10 Page 10-3 e) Temporary construction buildings. f) Signs as regulated by Section 6 of this Chapter. 9.1005 GB, General Business District. 1) Purpose. The purpose of the GB General Business District is to provide appropriate locations for general retail sales, services and other commercial developments that benefit from their proximity to other commercial uses. These areas are located away from residential neighborhoods, along arterial roadways and are accessible primarily by automobile. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the GB, General Business District: a) Community center. b) Government office. c) Government protective service facility. d) Public park and/or playground. e) Recreational facility, indoor. f) Recreational facility, outdoor. g) School, vocational or business. h) School, performing/visual/martial arts. i) Auditorium/place of assembly. j) Automobile convenience facility. k) Automobile repair, minor. 1) Automobile sales/rental. m) Banquet hall. n) Billiards hall. o) Bowling alley. p) Car wash. q) Clinic, medical or dental. r) Clinic, veterinary. s) Day care facility, adult or child. t) Financial institution. u) Food service, convenience (fast food). v) Food service, limited (coffee shop/deli) w) Food service, full service (restaurant/nightclub). x) Funeral home. y) Greenhouse/garden center. z) Health or fitness club. aa) Hotel/motel. bb) Laboratory, medical. cc) Liquor store, off-sale. dd) Museum or gallery. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 10 Page 10-4 ee) Office. ff) Recreational vehicle sales. gg) Retail sales. hit) Service, professional. ii) Shopping center. jj) Studio, professional. kk) Studio, radio and television. 11) Theater, live performance. ram) Theater, movie. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the GB, General Business District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) g) h) i) j) k) l) m) n) Government maintenance facility. Arcade. Firearms dealer/Shooting range Hospital. Outdoor sales or display. Outdoor storage. Parking ramp. Assembly, manufacturing and/or processing. Printing and/or publishing. Consignment/Secondhand store. Club or lodge Currency exchange. Pawnshop. Drop-in Facility 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the GB, General Business District: a) b) c) d) f) Private garages, parking spaces and loading areas. Accessory buildings. Landscaping and other horticultural uses. Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30 percent of the floor area. Temporary construction buildings. Signs as regulated by Section 6 of this Chapter. 9.1006 CBD, Central Business District. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance- Section 10 Page 10-5 1) Purpose. The purpose of the CBD, Central Business District is to provide for the development and redevelopment of the established downtown core, including a mix of retail, financial, office, service and entertainment uses. Residential units are allowed within this district when located above a first floor commercial use. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the CBD, Central Business District: a) Multiple family residential, when located above a first floor commercial use. b) Community center. c) Govemment offices. d) Government protective services facility. e) Public parks and/or playgrounds. f) Recreational facility, indoor. g) Recreational facility, outdoor. h) School, vocational or business. i) School, performing/visual/martial arts. j ) Auditorium/place of assembly. k) Banquet hall. 1) Billiards hall. m) Bowling alley. n) Clinic, medical or dental. o) Clinic, veterinary. p) Licensed day care facility, adult or child. q) Financial institution. r) Food service, convenience (fast food). s) Food service, limited (coffee shop/deli). t) Food service, fell service (restaurant/nightclub). u) Health or ~mess center. v) Hotel or motel. w) Laboratory, medical. x) Liquor store, off-sale. y) Museum or gallery. z) Office. aa) Retail sales. bb) Service, professional. cc) Studio, professional. dd) Studio, radio or televisions. ee) Theater, live performance. if) Theater, move. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the CBD, Central Business District, subject to the City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 10 Page 10-6 4) regulations set forth for conditional uses in Section 4, Administration and Enfomement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) g) Government maintenance facility. Arcade. Automobile repair, minor. Outdoor sales and/or display. Outdoor storage. Parking ramp. Club or lodge Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the CBD, Central Business District: a) b) c) d) Private garages, parking spaces and loading areas. Landscaping and other horticultural uses. Incidental repair or processing necessary to conduct the permitted principal use, provided the accessory use does not exceed 30 percent of the floor area. Temporary construction buildings. Signs as regulated by Section 6 of this Chapter. City of Columbia Heights Draft for Review- 10.24.00 Development Ordinance - Section 10 Page 10-7 CHAPTER 9: SECTION 11: LAND USE AND DEVELOPMENT INDUSTRIAL DISTRICTS 9.1101 Purpose. The industrial districts are established to enhance the community's tax base; provide employment oppommities; and accommodate industrial development while maintaining compatibility with surrounding areas. 9.1102 General Provisions. Compliance with Applicable Regulations. Any use established in an Industrial District after the effective date of this Chapter shall comply will all applicable local, state and federal standards for such uses. Administration. The administration and enforcement of this Section shall be in accordance with the provisions of Section 4, Administration and Enforcement. Non-conformities. Non-conforming uses, structures, lots and signs within an Industrial District shall be subject to the provisions of Section 5, Non- conformities. Compliance with General Development Standards. Any use established, expanded or modified in an Industrial District after the effective date of this Chapter shall comply with the applicable provisions of Section 6, General Development Standards. 5) Compliance with Specific Development Standards. Any use established, expanded or modified in an Industrial District after the effective date of this Chapter that is identified in Section 7, Specific Development Standards, shall comply with the applicable provisions of that Section. 6) Prohibited Uses. Any use not listed as either permitted, conditional or accessory in a particular district or any use not determined by the Zoning Administrator to be substantially similar to a use listed as permitted, conditional or accessory shall be prohibited in that district. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 11 Page I 1-1 9.1103 Lot Dimension, Height, and Bulk Requirements. Lot area, setback, height and lot coverage requirements for uses in the Industrial Districts shall be as specified in the following table. I-I I-2 Minimum Lot Area 10,000 sq. ft. 10,000 sq. Minimum Lot Width 80 feet 80 feet Minimum Lot Depth Building Setback Requirements Front Yard 20 feet 20 feet Side Yard 12 feet 12 feet Comer Side Yard 15 feet 15 feet Rear Yard 24 feet 24 feet Parking Setback Requirements Front Yard 20 feet 20 feet Side Yard 5 feet 5 feet Comer Side Yard 20 feet 20 feet Rear Yard 5 feet 5 feet Maximum Height Maximum Lot Coverage Floor Area Ratio 1.0 1.0 9.1104 l-l, Light Industrial District. l) Purpose. The purpose of the I-1, Light Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as assembly, storage, warehousing and light manufacturing and further processing of materials first handled by general industry. These areas are located with easy access to arterial roadways and should be separated from residential uses by natural or manmade barriers. 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the I-1, Light Industrial District: a) b) C} d) e) 0 g) h) i) j) k) l) m) City of Columbia Heights Development Ordinance - Section 11 Community center. Government office. Government maintenance facility. Government protective service facility. Public park and/or playground. Recreational facility, indoor. Recreational facility, outdoor. Automobile repair, major. Automobile repair, minor. Laboratory, medical. Office. Studio, radio or television. Assembly, manufacturing and/or processing. Draft for Review - 10.24.00 Page 11-2 n) p) q) r) s) t) n) v) w) Freight terminal. Maintenance facility. Office/showroom. Office/warehouse. Printing and/or publishing. Self-service storage facility. Warehousing and/or distribution. Pawnshops. Tattoo shops. Body piercing shops. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I-1, Light Industrial District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) c) d) e) 0 g) Caretaker' s residence. Outdoor sales and/or display. Outdoor storage. Parking ramp. Concrete, asphalt or rock crushing operation. Salvage operation/Transfer station Adult Entertainment Use 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the I-2, Light Industrial District: a) b) c) d) Off-street parking and loading areas. Landscaping and other horticultural uses. Temporary construction buildings. Signs as regulated by Section 6 of this Chapter. 9.1105 I-2, General Industrial District 1) Purpose. The purpose of the I-2, General Industrial District is to provide appropriate locations for industrial enterprises engaged in activities such as manufacturing, processing, assembly, storage and warehousing, which, because of their size and/or nature, require isolation from non-industrial uses. These areas are located with easy access to arterial roadways or railroads and should be separated from non-industrial uses by natural or manmade barriers. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 11 Page 11-3 2) Permitted Uses. Except as specifically limited herein, the following uses are permitted within the I-2, General Industrial District: a) b) C) d) e) 0 g) h) i) j) k) l) m) n) o) p) r) S) t) U) V) W) Community center. Government office. Government maintenance facility. Government protective service facility. Public park and/or playground. Recreational facility, indoor. Recreational facility, outdoor. Automobile repair, major. Automobile repair, minor. Laboratory, medical. Office. Studio, radio or television. Assembly, manufacturing and/or processing. Freight terminal. Maintenance facility. Office/showroom. Office/warehouse. Printing and/or publishing. Self-service storage facility. Warehousing and/or distribution. Pawnshops. Tattoo shops. Body piercing shops. 3) Conditional Uses. Except as specifically limited herein, the following uses may be allowed in the I-2, General Industrial District, subject to the regulations set forth for conditional uses in Section 4, Administration and Enforcement, and the regulations for specific uses set forth in Section 7, Specific Development Standards: a) b) C) d) e) g) Caretaker' s residence. Outdoor sales and/or display. Outdoor storage. Parking ramp. Concrete, asphalt or rock crashing operation. Salvage operation/Transfer station. Adult Entertainment Use 4) Permitted Accessory Uses. Except as specifically limited herein, the following accessory uses shall be permitted in the 1-2, Light Industrial District: a) Off-street parking and loading areas. City of Columbia Heights Development Ordinance - Section 11 Draft for Review - 10.24.00 Page 11-4 b) Landscaping and other horticultural uses. Temporary construction buildings. Signs as regulated by Section 6 of this Chapter. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 11 Page 11-5 CHAPTER 9: SECTION 12: LAND USE DEVELOPMENT MIXED-USE DEVELOPMENT DISTRICT 9.1201 Purpose. The purpose of the MXD Mixed Use Development District is to promote efficient use of existing City infrastructure; ensure sensitivity to surrounding neighborhoods; create linkages between compatible areas of the City; provide appropriate transitions between uses; ensure high quality design and architecture; create good pedestrian circulation and safety; promote alternative modes of transportation; and increase the quality of life and community image of Columbia Heights. The intent of this district is to encourage a flexible high- quality design strategy for development and/or redevelopment of specific areas within the community. 9.1201 General Provisions. /) Application of District. The Mixed Use Development District shall only be applied to those areas identified as being within one of three mixed-use districts in the City's Comprehensive Plan. Compliance with Applicable Regulations. Any use established in Mixed Use District afier the effective date of this Chapter shall comply with all applicable local, state and federal standards for such uses, unless specifically modified by the approved development agreement. Administration. The administration and enforcement of this Section shall be in accordance with the provisions of Section 4, Administration and Enforcement. Development proposals for a mixed-use development shall require a zoning amendment and site plan review and approval. Development proposals for a mixed-use development may also require the re-subdivision of land. Development Agreement. A development agreement is required as part of the final mixed-use development approval. The development agreement shall address approved site and building design criteria, approved sign locations and design criteria, construction phasing, and bonding or other financial surety for construction of on- and off-site improvements. 9.1202 Mixed Use Development District Types. The City's Comprehensive Plan identifies three distinct mixed-use development opportunities with the City. 1) Transit Oriented Mixed-Use. The purpose of the Transit-Oriented Mixed Use is to promote development and redevelopment that facilitates linkages and interaction of transit services, housing and neighborhood services. The focus of land use within this district is to ensure a pedestrian friendly City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 12 Page 12-1 environment and pedestrian connections to and from residential development and transit facilities. The mix of land use shall be 60 pement service oriented commercial/retail and 40 pement high density residential development (12 units/acre minimum) Community Center Mixed-Use. The purpose of the Community Center Mixed-Use is to encourage a mix of land use and redevelopment located near the existing City Hall and other City offices and to strengthen the community image of Columbia Heights. Commercial/retail uses will be service-oriented and at a neighborhood scale. Residential uses will be medium to high density (6 units/acre minimum). The mix of land use shall be flexible to help facilitate a successful development. The minimum floor area of any land use shall be 20-percent and the maximum floor area of any land use shall be 80-percent. Transitional Mixed-Use. The purpose of the Transitional Mixed-Use is to target redevelopment opportunities along the 40th Avenue corridor and provide opportunities to strengthen the connection between the downtown commercial core and City offices adjacent to Huset Park. The mix of land use shall consist of 60 percent medium to high density residential (12 units/acre minimum) and 40 pement office and/or commemial/retail. Land use should complement and strengthen the current residential character of the area and provide new opportunities for service oriented development. Commercial/retail uses should not compete with the downtown core and therefore primarily serve local residents. 9.1203 Uses. Mixed-use developments shall contain at least two of the following three land use categories: Residential Uses. All permitted, conditional, and permitted accessory residential uses identified in Section 9, Residential Districts, and Section 10, Commercial Districts, which are consistent with the Comprehensive Plan shall be treated as potentially allowable uses within the Mixed Use Development District. Commercial Uses. All permitted, conditional, and permitted accessory commercial uses identified in Section I0, Commercial Districts, which are consistent with the Comprehensive Plan shall be treated as potentially allowable uses within the Mixed Use Development District. Institutional Uses: All permitted, conditional, and accessory institutional uses identified in Section 9, Residential Districts, and Section 10, Commercial Districts, which are consistent with the Comprehensive Plan shall be treated as potentially allowable uses within the Mixed Use Development District. City of Columbia Heights Draft for Review - 10.24.00 Development OreFinance - Section 12 Page 12-2 9.1204 Performance Standards. The following performance standards shall be applied to all mixed-use developments. 1 ) The minimum size of a mixed-use development shall be five (5) acres. 2) The maximum non-residential density is 6.0 FAR and the maximum residential density is 20 units/acre. Maximum densities may be increased by up to 50 pement at the sole discretion of the City Council if one of more of the following are provided: a) b) c) d) At least 50% of the required parking is provided by underground parking or parking in ramps; Housing is provided above ground floor retail/service commercial and the total floor area of the housing is at least twice the floor area of the retail/service commercial use; Office space is provided above ground floor retail/service commercial and the total floor area of the office space is at least twice the floor area of the retail/service commercial use; At least 50% of the building ground coverage is concentrated in structures four (4) or more stories in height, thereby conserving open space within the mixed-use development area. 3) The design of the mixed-use development is sensitive to adjacent usable open space and includes design of pedestrian/bicycle connections to enhance existing circulation patterns. 4) Building setbacks shall be regulated by the final site plan and development agreement approved by the City Council, based on the following findings: a) The setbacks provided adequate distances from uses in adjacent districts. b) The setbacks maintain and enhance the character of the neighborhood in which the mixed-use development is located. s) Cumulative parking requirements may be reduced by up to 30% of required spaces at the sole discretion of the Council if one or more of the following are provided: a) Joint or shared parking arrangements between uses; b) Proof of parking; c) Car/van pooling and/or provision of employee or resident transit passes. d) Superior pedestrian, bicycle and/or transit access. 6) Buildings shall be oriented to the street or a common open area with minimal setbacks. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance- Section 12 Page 12-3 7) 8) 9) Building facades shall be varied to create visual interest. All trash handling and loading areas shall be interior or utilize architectural screening of the same exterior materials as the principal building(s). Signage shall be allowed in conformante with the approved site plan and development agreement, and reflect the following standards: a) Pylon signs are prohibited; b) Freestanding monument signs shall utilize the same exterior materials as the principal building(s). city of Columbia Heights Draft for Review - 10.24.00 Development OreFinance - Section 12 Page 124 CHAPTER 9: SECTION 13: LAND USE AND DEVELOPMENT OVERLAY DISTRICTS 9.1301 General Provisions /) Purpose. Overlay districts are established in recognition of the unique characteristics of land and land use within certain parts of the City, including those properties within flood-prone areas and shoreland areas. Overlay districts are further intended to protect the public health, safety, and welfare by preserving environmentally sensitive and unique areas of the community. Relationship to Other Applicable Regulations. Property located within an overlay district shall be subject to the provisions of both the primary zoning district and the overlay district. Where the provisions of the primary zoning district and the overlay zoning district are in conflict, the most restrictive provisions shall govem. Establishment of Boundaries. Overlay district boundaries shall be as specified in the individual overlay district regulations. Establishment of Overlay District. The following overlay districts are established: a) b) Floodplain Management Overlay District Shoreland Management Overlay District 9.1302 Floodplain Management OverLay District Purpose. The flood hazard areas of the City are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. It is the purpose of this Section to promote the public health, safety, and general welfare and to minimize losses to public and private property by the provisions contained herein. Statutory Authorization. Minnesota Statutes, Chapters 103F and 462, delegate responsibility to local units of government to adopt regulations designed to minimize flood losses City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 13 Page 13-1 Methods Used to Analyze Flood Hazards - This Section is based upon a reasonable method of analyzing flood hazards, which is consistent with the standards established by the Minnesota Department of Natural Resources. Existence of Potential Hood Hazards. The flood hazard areas of the City are subject to periodic inundation which results in potential loss of life, loss of property, health and safety hazards, disruption of commerce and govemmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base. Applicability. This Section shall apply to all lands within the City shown on the Official Zoning Map as being located within the boundaries of the Floodway, Flood Fringe, or General Flood Plain Overlay Districts. Establishment of Official Zoning Map The Official Zoning Map together with all explanatory materials thereon, and attached thereto is hereby adopted by reference The explanatory material shall include the Flood Insurance Study for the City prepared by the Federal Insurance Administration dated March, 1978, and the Flood Boundary and Floodway Maps and Flood Insurance Rate Maps therein. Regulatory Flood Protection Elevation The Regulatory Flood Protection Elevation shall be an elevation no lower than one foot above the elevation of the regional flood plus any increases in flood elevation caused by encroachments on the flood plain. The regulatory flood protection elevation within the Floodway and Flood Fringe Districts shall be established by adding one foot to the Base Flood Water Surface elevations listed in the Floodway Data Table contained in the Flood Insurance Study. Regulatory flood protection elevations between cross sections shall be interpolated. h) The regulatory flood protection elevation within the General Flood Plain District shall be calculated by a qualified registered professional engineer 8) Interpretation. In their interpretation and application, the provisions of this Section shall be held to be minimum requirements and shall be liberally construed in favor of the governing body and shall not be deemed a limitation or repeal of any other powers granted by State Statutes. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 13 Page 13-2 b) The boundaries of the zoning districts shall be determined by scaling distances on the Official Zoning Map. Where interpretation is needed as to the exact location of the boundaries of the district as shown on the Official Zoning Map, as for example where there appears to be a conflict between a mapped boundary and actual field conditions, the Board of Adjustment shall make the necessary interpretation based on the applicable base flood water surface elevation data contained in the flood insurance study, subject to appeal to the City Council in the manner provided for conditional uses. The person contesting the location the district boundary shall be given a reasonable opportunity to present his case to the Board and to submit technical evidence if he so desires. Compliance. No structure or land shall hereafter be used and no structure shall be located, extended, converted, or structurally altered without full compliance with the terms of this Section and other applicable regulations that apply to uses within the jurisdiction of this Section. Abrogation and Greater Restrictions. It is not intended by this Section to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Section imposes greater restrictions, the provisions of this Article shall prevail. Warning and Disclaimer of Liability. This Section does not imply that areas outside the flood plain districts or land uses permitted within such districts will be free from flooding or flood damages. This Section shall not create liability on the part of the City or any officer or employee thereof for any flood damages that result from reliance on this Section or any administrative decision lawfully made thereunder. Districts. The flood plain areas within the jurisdiction of this Ordinance are hereby divided into three Districts: Floodway District (FW), Flood Fringe District (FF) and General Flood Plain District (GFP). The boundaries of these districts shall be shown on the Official Zoning Map. Within these districts, all uses not allowed as permitted uses or permissible as conditional uses are prohibited. Floodway District. The Floodway District shall include those areas designated as floodway in the Flood Insurance Study. Flood Fringe District. The Flood Fringe District shall include those areas designated as floodway fringe in the Flood Insurance Study. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 13 Page 13-3 c) General Flood Plain District. The General Flood Plain District shall include those areas designated as unnumbered A Zones by the Flood Insurance Study. Floodway District (FW) Permitted Uses. The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted within the Floodway District to the extent that they are not prohibited by any other Ordinance and provided they do not require structures, fill, or storage of materials, or equipment. In addition, no use shall adversely affect the capacity of the channels or floodways or any tributary to the main stream or of any drainage ditch, or any other drainage facility or system. Agricultural uses such as general fanning, pasture, grazing, out-door plant nurseries, horticulture, truck fanning, forestry, sod fanning, and wild crop harvesting. Industrial-Commemial uses such as loading areas, parking areas, and airport landing strips. Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking horseback riding trails. Residential uses such as lawns, gardens, parking areas, and play areas. h) Conditional Uses. The following open space uses require accessory structures (temporary or permanent), or fill or storage of materials or equipment. These uses may be permitted in the Floodway District only after the issuance of a Conditional Use Permit. These uses are also subject to the provisions that apply to all Floodway Conditional Uses. 2. 3. 4. Structures accessory to open space; Placement of fill; Extraction of sand, gravel and other materials; Marinas, boat rentals, docks, piers, wharves, and water control structures; city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 13 Page 13-4 c) d) Railroads, streets, bridges, utility transmission lines and pipelines; Storage yards for equipment, machinery or materials; Other uses similar in nature to uses those described herein that are consistent with the provisions set out in this Section. Standards for Floodway Conditional Uses: All Uses. No structure (temporary or permanent), fill (including fill for roads and levees), deposit, obstruction, storage of materials, or equipment, or other uses may be allowed as Conditional Uses which, acting alone or in combination with existing or reasonably anticipated future uses, adversely affects the capacity of the floodway or increases flood heights. In addition, all floodway Conditional Uses shall be subject to the standards contained in this Section. 2. Fill (i) Any fill deposited in the floodway shall be no more than the minimal amount necessary to conduct an identified Conditional Use. Generally fill shall be limited to that needed to grade or landscape for that use and shall not in any way further obstruct the flow of flood waters. (ii) Spoil from dredging or sand and gravel operations shall not be deposited in the floodway unless it can be done in accordance with this Section. (iii) Fill shall be protected from erosion by vegetative cover. Accessory Structures (temporary or permanent) permitted as Conditional Uses: Accessory structures shall not be designed for haman habitation; 2. Accessory structures shall have a low flood damage potential; City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 13 Page 13-5 Accessory structures, if permitted, shall be constructed and placed on the building site so as to offer the minimum obstruction to the flow of flood waters. Whenever possible, structures shall be constructed with the longitudinal axis parallel to the direction of flood flow, and, so far as practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures; Accessory structures shall be flood proofed in accordance with the State Building Code. e) Storage of materials and equipment: The storage of processing materials that are in time of flooding buoyant, ~ammable, explosive, or could be injurious to human, animal, or plant life is prohibited. Storage of other materials or equipment may be allowed if readily removable from the area within the time available after flood waming. f) Structural Work for Flood Control. Structural works for flood control such as dams, levees, dikes, and floodwalls shall be allowed only upon issuance of a Conditional Use Permit. In addition, any proposed work in the beds of public waters which will change the course, current, or cross-section of the waters shall be subject to the provisions of Minnesota Statutes 1976, c. 105, and other applicable statutes. 14) Flood Fringe District (FF) a) Permitted Uses. The following uses shall be permitted uses within the Flood Fringe District to the extent that they are not prohibited by any other Ordinance: Agricultural uses such as general farming, pasture, grazing, out-door plant nurseries, horticulture, truck farming, forestry, sod farming, and wild crop harvesting. Industrial-Commercial uses such as loading areas, parking areas, and airport landing strips. city of Columbia Heights Development Ordinance - Section Private and public recreational uses such as golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, boat launching ramps, swimming areas, parks, Draft for Review - 10.24.00 13 Page 13-6 wildlife and nature preserves, game farms, fish hatcheries, shooting preserves, target ranges, trap and skeet ranges, hunting and fishing areas, and hiking horseback riding trails. Residential uses such as lawns, gardens, parking areas, and play areas. Residence and other structures constructed on fill so that the basement floor or first floor, if there is no basement, is at or above the regulatory flood protection elevation. The finished fill elevation shall be no lower than one (1) foot below the regulatory flood protection elevation and shall extend at such elevation at least fifteen (15) feet beyond the limits of any structure or building erected thereon. Fill shall be compacted and the slopes shall be protected by rip rap or vegetative covering. No use shall be permitted which will adversely affect the capacity of channels or floodways of any tributary to the main system, or of any drainage ditch, or any other drainage facility or system. b) Conditional Uses. Other uses are permitted only upon application to the Zoning Administrator and the issuance of a Conditional Use Permit and subject to the following provisions: Residences. Where existing streets, utilities and small lot sizes preclude the use of fill, other methods of elevating the tirst floor (including basements) above the regulatory flood protection elevation may be authorized provided that the residence is flood-proofed in accordance with the State Building Code. Other Structures. Commercial, manufacturing and industrial structures shall ordinarily be elevated on fill so that their first floor (including bas~rnent) is above the regulatory flood protection elevation but may, in special circumstances, be flood-proofed in accordance with the State Building Code. Structures that are not elevated to above the regulatory flood protection elevation shall be flood-proofed to FP-1 or FP-2 classification as defined by the State Building Code. Structures flood-proofed to FP-3 or FP-4 classification shall not be permitted. c) Standards for Flood Fringe Uses. City of Columbia Heights Development Ordinance - Section 13 Drat~ for Review - 10.24.00 Page 13-7 Residential Uses. Residences that do not have vehicular access at or above elevation not more than two feet below the regulatory flood protection elevation shall not be permitted unless granted a variance by the Board of Adjustment. In granting a variance, the Board shall specify limitations on the period of use or occupancy of the residence. Commercial Uses. Accessory land uses, such as yards, railroad tracks, and parking lots may be at elevations lower than the Regulatory Flood Protection Elevation. However, a permit for such facilities to be used by the general public shall not be granted, in the absence of a flood warning system that provides adequate time for evacuation if the area is inundated to a depth greater than two feet or subject to flood velocities greater than four feet per second upon the occurrence of the regional flood. Manufacturing and Industrial Uses. Measures shall be taken to minimize interference with normal plant operations especially for streams having protracted flood durations. Certain accessory land uses such as yards and parking lots may be at lower elevations subject to requirements set out above. In considering permit applications, due consideration shall be given to needs of an industry whose business requires that it be located in flood plain areas. 15 ) General Flood Plain District (FP) Permitted Uses. Permitted uses shall include all those uses permitted in the Floodway District and the Flood Fringe District. b) Conditional Uses. All other uses are Conditional Uses and are permitted only upon the issuance of a conditional use permit. The General Flood Plain District includes both floodway and flood fringe areas. The City Council shall determine whether the proposed use is in the floodway or flood fringe. Based upon the City Council's determination, the appropriate regulations shall apply. 16) Subdivisions. No land shall be subdivided which is held unsuitable by the City Council for reason of flooding, inadequate drainage, or inadequate water supply or sewage treatment facilities. All lots within the flood plain districts shall contain a building site at or above the regulatory flood City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 13 Page 13-8 protection elevation. All subdivisions shall have water and sewage disposal facilities that comply with the provisions of this Section and have road access no lower than two feet below the regulatory flood protection elevation. 17) Public Utilities, Railroads, Roads and Bridges a) Public Utilities. All public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the flood plain shall be flood-proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation b) Railroads, Roads and Bridges. Railroad tracks, roads and bridges to be located within the floodway shall comply with of this Section. In all flood plain districts, elevation to the regulatory flood protection elevation shall be provided where failure or interruption of these transportation facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area. Minor or auxiliary roads or railroads may be constructed at a lower elevation where failure or interruption of service would not endanger the public health or safety. 18) Mobile Homes and Mobile Home Parks New mobile home parks and expansions to existing mobile home parks shall be subject to the provisions of this Section. b) Mobile homes in existing mobile home parks that are located in flood plain districts may be replaced only if in compliance with the following conditions: 1. The mobile home lies in the Flood Fringe District; The mobile home is anchored with tiedowns that comply with requirements of Minnesota Regulations Moll 450; The mobile home owner or renter is notified that the mobile home site lies in the flood pla'm and may be subject to flooding; The mobile home park owner develops a flood emergency plain consistent with the time available after a flood warning. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 13 Page 13-9 c) Individual mobile homes not located in mobile home parks may be permitted if allowed by other applicable ordinances and if they comply with the provisions of this Section. 19) Water Supply and Waste Disposal a) Within flood-prone areas, new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the systems. h) Within flood-prone areas, new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems in flood waters. c) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 20) Administration a) Zoning Administration. The Zoning Administrator shall administer and enforce this Section. b) Use Permit: Use Permit Required. A Use Permit issued by the Zoning Administrator in conformity with the provisions of this Section shall be secured prior to the erection, addition, or alteration of any building, structure, or portion thereof; prior to the use or change of use of a building, structure, or land; prior to the change of extension of a nonconforming use; and prior to the plaeament of fill or excavation of materials within the flood plain. Application for Use Permit. Application for a Use Permit shall be made to the Zoning Administrator and shall include the following where applicable: plans in duplicate dram to scale, showing the nature, location, d'nmensions, and elevations of the lot; existing or proposed structures, fill, or storage of materials; and the location of the foregoing in relation to the channel. City of Columbia Heights Development Ordinance - Section 13 State and Federal Permits. Prior to granting a Use Permit or processing an application for a Conditional Use Permit or Variance, the Zoning Administrator shall determine that the applicant has obtained all necessary State and Federal permits. Draft for Review - 10.24.00 Page 13-10 Certificate of Zoning Compliance for New, Altered or Nonconforming Uses. It shall be unlawful to use, occupy or permit the use or occupancy of any building or premises, or both, or part thereof hereafter created, erected, changed, converted, or wholly or partly altered or enlarged in its use or structure until a Certificate of Zoning Compliance shall have been issued therefore by the Zoning Administrator stating that the use of the building or land conforms to the requirements of this Section. Where a nonconforming use or structure is extended or substantially altered, the Certificate of Zoning Compliance shall specifically state the manner in which the nonconforming structure or use differs from the provisions of this Section. Construction and Use to be as Provided in Applications, Plans, Permits and Certificates of Zoning Compliance, Use Permits, Conditional Use Pennits or Certificates of Zoning Compliance issued on the basis of approved plans and applications authorize only the use, arrangement and construction set forth in such approved plans and applications, and no other use, arrangement, or construction. Any use, arrangement, or construction at variance with that authorized shall be deemed violation of this Section. The applicant shall be required to submit certification by a registered professional engineer, registered architect, or registered land surveyor that the finished fill and building elevations were accomplished in compliance with the provisions of this Section. Flood- proofing measures shall be certified by a registered professional engineer or registered architect. Record of First Floor Elevation. The Zoning Administrator shall maintain a record of the elevation of the first floor (including basement) of all new structures or additions to existing structures in the flood plain districts. The Zoning Administrator shall also maintain a record of the elevations to which structures or additions to structures are flood- proofed. city of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 13 Page 13-11 (c) Board of Adjustments and Appeals. The Planning Commission is the Board of Adjustments and Appeals. Administrative Review. The Board of Adjustments and Appeals shall hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an administrative official in the enforcement or administration of this Section. Variances. The Board of Adjustment and Appealsmay recommend upon appeal in specific cases such variance from the terms of this Section as will not be contrary to the public interest, where owing to special conditions as literal enforcement of the provisions of the Section will result in unnecessary hardship so that the spirit of the Section shall be observed and substantial justice done. No variance shall have the effect of allowing in any district uses prohibited in that district, permit a lower degree of flood protection than the regulatory flood protection elevation for the particular area, or permit standards lower than those required by State Law. Decisions. A copy of all decisions granting a variance shall be forwarded to the Commissioner of Natural Resources within ten (10) days of anch action. Appeal to the City Council and District Court. Appeals from any decision of the Board may be taken by any person or persons jointly or severally aggrieved by any decision of the Board or any taxpayer, officer, department, board of bureau of the municipality to the City Council. The decision of the City Council may be appealed to the District Court of this jurisdiction as provided in Minnesota Statute 462.361. d) Conditional Uses. The Planning and Zoning Commission shall hear and decide applications for Conditional Uses permissible under this Section. Applications shall be submitted to the Zoning Administrator who shall forward the application to the Planning and Zoning Commission. City of Columbia Heights Development Ordinance - Section 13 Decisions. A copy of all decisions granting Conditional Use Permits shall be forwarded to the Commissioner of Natural Resources within ten (10) days of such action. Procedures for Evaluating Proposed Conditional Uses Within the General Flood Plain District. Upon receipt of an Draft for Review - 10.24.00 Page 13-12 application for a Conditional Use Permit for a use within the General Flood Plain District, the applicant shall be required to furnish such of the following information as is deemed necessary by the Planning and Zoning Commission for the determination of the regulatory flood protection elevation and whether the proposed use is the floodway or the flood fringe. (i) A typical valley cross-section showing the channel of the stream, elevation of land areas adjoining each side of the channel, cross-sectional areas to be occupied by the proposed development, and high water information. (ii) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill, or storage elevations, size, location; and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets; photographs showing existing land uses and vegetation upstream and downstream; and soil type. (iii) Profile showing the slope of the bottom of the channel or flow line of the stream for at least 500 feet in either direction from the proposed development. (iv) One copy of the above information shall be transmitted to a designated engineer or other expert person or agency for technical assistance in determining whether the proposed use is in the floodway or flood fringe and to determine the regulatory flood protection elevation. Procedures consistent with Minnesota Regulations NR 86-87 shall be followed in this expert evaluation. The designated engineer or expert shall: Estimate the peak discharge of the regional flood. Calculate the water surface profile of the regional flood based upon a hydraulic analysis of the stream channel and overbank areas. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 13 Page 13-13 (v) City of Columbia Heights Development Ordinance - Section 13 Compute the floodway necessary to convey the regional flood without increasing flood stages more than 0.5 feet. An equal degree of encroachment on both sides of the stream within the reach shall be assumed. Based upon the technical evaluation of the designated engineer or expert, the Board of Adjustment shall determine whether the proposed use in the floodway or flood fringe and the mgulatory flood protection elevation at the site. Procedures to be Followed by the Board of Adjustment in Passing on Conditional Use Permit Applications Within All Flood Plain Districts. The applicant shall furnish such of the following information and additional information as deemed necessary by the Board of Adjustment for determining the suitability of the particular site for the proposed use: (i) (ii) Plans in triplicate drawn to scale showing the nature, location, dimensions, and elevation of the lot, existing or proposed structures, fill, storage of materials, flood-proofing measures, and the relationship of the above to the location of the channel. iii) Specifications for building construction and materials, flood-proofing, filling, dredging, grading, channel improvement, storage of materials, water supply and sanitary facilities. (iv) The applicant shall transmit one (1) copy of the information described in this subsection to a designated engineer or other expert person or agency for technical assistance, where necessary in evaluating the proposed project in relation to flood heights and velocities, the seriousness of flood damage to the use, the adequacy of the plans for protection, and other technical matters. Based upon the technical evaluation of the designated engineer or expert, the Planning and Zoning Commission shall determine the specific flood hazard at the site and evaluate the suitability of the proposed use in relation to the flood hazard. Draft for Review - 10.24.00 Page 13-14 Factors Upon Which the Decision of the Planning and Zoning Commission Shall be Based. In passing upon Conditional Use applications, the Planning and Zoning Commission shall consider all relevant factors specified in other sections of this Section, and: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (ix) The danger to life and property due to increased flood heights or velocities caused by encroachments; (x) (xi) The danger that materials may be swept onto other lands or downstream to the injury of others; (xii) City of Columbia Heights Developmere Ordinance - Section 13 The proposed water supply and sanitation systems and the ability of these systems to prevent disease, contamination, and unsanitary conditions; The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; The importance of the services provided by the proposed facility to the community; The requirements of the facility for a waterfront location; The availability of altemative locations not subject to flooding for proposed use; The compatibility of the proposed use with existing development anticipated in the foreseeable future; The relationship of the proposed use to the comprehensive plan and flood plain management program for the area; The safety of access to the property in times of flood for ordinary and emergency vehicles; The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters expected at the site; Such other factors which are relevant to the purposes of this Section. Draft for Review - 10.24.00 Page 13-15 Conditions Attached to Conditional Use Permits. Upon consideration of the factors listed above and the purposes of this Section, the Planning Commission may attach such conditions to the granting of Conditional Use Permits as it deems necessary to fulfill the purposes of this Section. Such conditions may include, but are not limited to, the following: (i) Modification of waste disposal and water supply facilities; (ii) Limitations on period of use, occupancy, and operation; (iii) Imposition of operational controls, sureties, and deed restrictions; (iv) Requirements for construction of channel modifications, dikes, levees, and other protective measures; (v) Flood-proofing measures, in accordance with the State Building Code. The applicant submits a plan or document certified by a registered professional engineer or architect that the flood-proofing measures are consistent with the regulatory flood protection elevation and associated flood factors for the particular area. 21) Nonconforming Uses (a) A structure or the use of a structure or premises which was lawful before the passage or amendment of this Section but which is not in conformity with the provisions of this Ordinance, may be continued subject to the following conditions: No such use shall be expanded, changed, enlarged, or altered in a way that increases its nonconformity. City of Columbia Heights Development Ordinance- Section 13 No structural alteration or addition to any nonconforming structure over the life of the structure shall exceed fifty percent of its value at the time of its becoming a nonconforming use, unless the structure is permanently changed to a conforming us or unless the alteration or addition would substantially reduce potential flood damages for the entire structure. Draft for Review - 10.24.00 Page 13-16 Any alteration or addition to any nonconforming use that would result in substantially increasing its flood damage potential shall be protected in accordance this Section. If such use is discontinued for 12 consecutive months, any future use of the building premises shall conform to this Section. The assessor shall notify the Zoning Administer, in writing, of instances of nonconforming uses that have been discontinued for a period of 12 months. If any nonconforming use is destroyed by any means, including floods, to an extent of fifty percent or more of its assessed value, it shall not be reconstructed except in conformity with the provisions of this Section. However, the City Council may issue a Conditional use Permit for reconstruction if the use is located outside the floodway, and, upon reconstruction, is adequately flood-proofed, elevated or otherwise protected in conformity with the provisions of this Section Uses or adjuncts thereof that are or become nuisances shall not be entitled to continue as nonconforming uses. Except as provided in herein, any use that has been permitted as a Conditional Use shall not be considered as a nonconforming use. Nonconforming uses located in the Floodway District shall be eliminated or brought into conformity with the standards contained in this Section within a reasonable period of time as determined by the City Council, after a hearing for each such nonconforming use. The City Council shall make its determination upon the basis of the normal useful life of any improvement upon the premises. In addition, the monetary value of any competitive advantage derived by the operation of such nonconforming use, by reason of the limitation on establishment of competing businesses as a result of this Section shall be considered as a reduction of losses resulting from the requirement of termination of the use under this Section. The Zoning Administrator shall prepare a list of those nonconforming uses which have been flood-proofed or otherwise adequately protected in conformity with this City of Columbia Heights Draft for Review - 10,24.00 Development Ordinance - Section 13 Page 13-17 (22) (a) Cb) Section and shall present such list to the City Council which may issue a certificate to the owner stating that such uses, as a result of these corrective measures, are in conformity with the provisions of this Section. Amendments The flood plain designation on the Official Zoning Map shall not be removed from the flood plain areas unless it can be shown that designation is in error or that the area has been filled to at or above the elevation of the regional flood and is contiguous to lands outside the flood plain. Special exceptions to this rule may be permitted by the Commissioner of Natural Resources if he determines that, through other measures, lands are adequately protected for the intended use. All amendments to this Section, including amendments to the Official Zoning Map, must be submitted to and approved by the Commissioner of Natural Resources prior to adoption. Changes in the Official Zoning Map also require prior approval by the Federal Insurance Administration. 9.1303 Shoreland Management Overlay District (Reserved) City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 13 Page 13 - 18 CHAPTER 9: LAND USE AND DEVELOPMENT SECTION 14: SUBDIVISION RE GULA TIONS 9.1401 9.1402 Purpose. The purpose of this section is to provide for the orde~y and economic development of land and urban facilities, and to promote the public health, safety and general welfare of the community by establishing physical standards and procedures for the subdivision of land. Authority. The Council hereby established the following roles and regulations pursuant to the authority provided in Minnesota Statutes, to regulate, control and maintain sweets and provide for platting of property. 9.1403 Plats and Data. Subdivision 1. Sketch Plans. Sketch plans shall contain as a minimum, the following information: 2. 3. 4. 5. 6. 7. 8. Tract Boundaries North Point Streets on and adjacent to the tract Significant topographical and physical features Proposed general street layout Proposed general land use Name of owner and/or developer Zoning on and adjacent to tract Subd.2. Preliminary Plat. A preliminary plat shall contain the following information: 1. Identification and Description Proposed name of subdivision, which name shall not duplicate or be similar to the name of any other plant. b. Location by section, town, range or by other legal description. Names and addresses of the owner, subdivider, surveyor and designer of the plan. d. Graphic scale e. North point f. Date of preparation City of Columbia Heights Development Ordinance - Certification by surveyor certifying to accuracy of survey Draft for Review - 10.24.00 Section 14 Page 14-1 2. Existing Conditions a. Boundary line of proposed subdivision clearly indicated. b. Existing zoning classification, if any. c. Total acreage, including greenspace percentage. Location, widths and names of all existing or previously platted streets or other public way, showing type, width and also condition of improvements, if any, railroad and utility rights-of-way, parks and other public spaces, permanent buildings and structures, easements and section and corporate line within the tract, and to a distance of one hundred (100) feet beyond the tract. Such data as grades, invert elevations and locations of catch basins, manholes and hydrants, if any, shall also be known. Boundary lines of adjoining unsubdivided or subdivided land within one hundred (100) feet, identifying by name and ownership. Topographical data, including contours at vertical intervals of not more than two (2) feet, except that contour lines shall be no more than one hundred (100) feet apart. Watercourses, marshes, wooded areas, rock outcrops, power transmission poles and lines, buildings and other significant features shall also be shown. All elevations, topography and vertical control data shall be tied to sea level datum, 1929 General Adjustments. Temporary benchmarks shall be established within the boundaries of the subdivision. Descriptions, reference ties and elevations of the benchmarks shall be furnished to the City Engineer. Reference to recorded subdivision plat or adjoining platted land by record, name, date and number. The location and size of all existing sanitary sewer, water or storm sewer, trunks, laterals or services on or adjacent to the property. 3. Design Features Primary control points, with descriptions and "ties" to such control points to which all dimensions, angles, beatings and similar data on the plan shall be referred. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 14 Page 14-2 City of Columbia Heights Development Ordinance - Section 14 b. Tract boundary lines, right-of-way lines of streets, easements, and other rights-of-way and property lines of residential lots and other sites; with accurate dimensions, bearings or deflection angles and radii, arcs and central angles of all curves. c. Name and right-of-way width of each street or other right-of-way. d. Location, dimensions and purpose of any easements. e. An identification system for all lots and blocks. f. Site data including number of residential lots, typical lot size, and acres in park, etc. g. Sites, if any, to be reserved for parks or other public uses. h. Sites, if any, for multi-family dwellings, shopping centers, churches, industry or other non-public uses exclusive of single family dwellings. i. Minimum building setback line on all lots and other sites with the width of lot shown at setback line. j. Location and description of monuments. Preliminary Grading and Drainage Plan Including earthwork quantities, final grades (4:1 maximum slopes), building pad elevations, existing and proposed topography at two foot intervals, drainage calculations, 1 O-year storm pipe design, 100-year storm level of protection, direction of drainage around each building pad location, appropriate easements as required. Preliminary Erosion Control Plan Including method, location and detail of erosion control measures, consistent with Section 9.609. Subd. 7 of this Code, where applicable. Preliminary Utility and/or On-Site Sewage Treatment Plan Plan and profile showing existing utilities, proposed utilities, connection with existing utilities (watermain, sanitary sewer, storm sewer) appropriate easements as required. Note whether utilities will be publicly or privately constructed, owned and maintained. Draft for Review - 10.24.00 Page 14-3 10. 11. Preliminary Street Plan Plan and Profile showing internal roads, grades, lengths of cul-de-sacs, curb data (horizontal and vertical), cormection to existing streets or platted right-of-way, provisions for future extensions or connections to adjacent land, appropriate easements of right-of-way. Preliminary Wetland Plan Plan showing fill or draining of any wetland including sequencing justification and proposed mitigation. All wetlands must be delineated in accordance with 1989 Federal Manual for Identifying and Delineating Wetlands. Preliminary Landscape Plan Landscaping required by City Landscape Policy. Plan must identify location, size species and quantity of plant materials. Letter from Anoka County and/or MN/DOT containing recommendations and/or regulations on access or right-of-way requirements, if the property abuts county or state roads or right-of-way, or proposes access to a state of county road. Supplementary Data to be Supplied with Preliminary Plat a. Names or record owners of adjoining unplatted land. b. Protective covenants in form of recording, if any. c. Other information such as certificates, affidavits, endorsements, photographs, traffic studies or other information as may be required by the City Council and/or the Planning Commission and/or the City staff in the enfomement of these regulations. d. Soil borings and analysis, if required by the City Engineer or Chief Building Official. Evidence that ground water control is at least 10 feet below the level of finished grades or plan for solving ground water problems, if required by the City Engineer. f. The size and dimension of all lots. City of Columbia Heights Draft for Review - 10.24.00 Development Orclin~nce - Section 14 Page 14-4 Notarized certification by Owner and by any mortgage holder of record, of the adoption of the plat and the dedication of streets and other public area. Subd.3. Final Plat. The final plat shall be on sheets 20 inches wide by 30 inches long and shall be at a scale of one hundred feet equals on inch (160'-1") or such other standard scale as approved by the City Engineer and in all other respects shall comply with Minnesota Statutes. Where necessary, plat or final plat may be on several sheets accompanied by a key map showing the entire subdivision. For large subdivisions, the final plat may be submitted for approval progressively in contiguous sections satisfactory to the City Council. The final plat shall contain the following information: Certifications showing that all taxes due on the property to be subdivided have been paid in full. An attorney's opinion of title showing title or contxol of the property to be subdivided in the application. Name of the subdivision, which shall not duplicate or too closely approximate the name of any existing subdivision. Location of section, township, range, county and state, and including descriptive boundaries of the subdivision, based on an accurate traverse, giving angular and linear dimensions, which must mathematically close. The allowable error closure of any portion of a final plat shall be one foot (1 ') in seven thousand five hundred feet (7500'). The location of monuments shall be shown and described on the final plat. Locations of such monuments shall be shown in reference to existing official monuments on the nearest established street lines, including true angles and distances to such reference points or monuments. Location of lots, streets, public highways, alleys, parks and other features, with accurate dimensions in feet and decimals of feet, with the length of radii and/or arcs of all curbs, and with all other information necessary to reproduce the plat on the ground shall be shown. Dimensions shall be shown from all angle points of curb to lot lines. Lots shall be numbered clearly. Blocks are to be numbered with numbers shown clearly in the center of the block. 8. The exact locations, widths and names of all streets. 9. Location and width of all easements. 10. Name and address of surveyor making the plat. City of Columbia Heights Development Ordinance - Section 14 Draft for Review - 10.24.00 Page 14-5 11. Scale of plat (the scale to be shown graphically on the bar scale), date and north arrow. 12. Statement dedicating all easements as follows and drainage facilities are reserved over, under, and along the strips marked "utility easements." 13. Statement dedicating all streets, alleys and other public areas not previously dedicated as follows: Streets, alleys and other public areas shown on this plat and not heretofore dedicated to public use are hereby so dedicated. 14. Certification by registered surveyor in the form required by Section 505.03, Minnesota Statutes, as mended. 15. Execution of all owners of any interest in the land and any holders of an mortgage thereon of the certificates required by Section 505.03, Minnesota Statutes, as amended and which certificate shall include a dedication of the utility easements and other public areas in such form as approved by the City Council. 16. Space for certificates of approval and review to be filled in by the signatures of the City Engineer, City Clerk and Anoka County Surveyor. Additional plans to be submitted with the final plat include the following: (1) Final Utility Plan. Plan and profile showing existing utilities, proposed utilities, connection with existing utilities (watermain, sanitary sewer, storm sewer) appropriate easements as required. Note whether utilities will be publicly or privately constructed, owned and maintained. (2) Final Wetland Plan. Plan showing fill or draining of any wetland including sequencing justification and proposed mitigation. All wetlands must be delineated in accordance with 1989 Federal Manual for Identifying and Delineating Wetlands. (3) Landscape Plan. Plan showing reforestation required by City Code Section 540 and landscaping required by City Landscape Policy. Plan must identify location, size, species and quantity of plant materials. (4) Final street plans for requirements established in city Code Section 9.1404. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 14 Page 14-6 (5) Park dedication. For any development or redevelopment where a subdividision or resubdivision of property occurs which creates additional parcels, the resulting contribution shall require either ten (10) percent land dedication for parks, or the cash equivalent often (10) percent of the estimate of improvements. The Park and Recreation Commission shall determine which measure is most appropriate. 9.1404 Design Standards. Subdivision 1. The following design standards are to be followed unless the City Council shall permit a variance because of unusual circumstances due to the topography, placement of buildings or other factors making it reasonable to vary the standards set forth without nullifying the intent and purpose of the Comprehensive Plan or this section. Subd. 2. Streets. The arrangement, character, extent, width, grade and location of all streets shall conform to the Comprehensive Plan and shall be considered in their relation to existing and planned streets, to topographieal conditions, to public convenience and safety, and in their appropriate relation to the proposed uses of the land to be served by such streets. Where such is not shown in the Comprehensive Plan, the arrangement of streets in the subdivision shall either: Provide for the continuation or appropriate projection of existing principal streets in surrounding areas; or Conform to a plan for the neighborhood approved or adopted by the City Council to meet a particular situation where topography or other conditions make continuance or conformante to existing streets impractical. City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 14 Page 14-7 SECTION 15: REPEAL OF LAWS IN CONFLICT. Ordinance # 818 of the City Code and prior Zoning Ordinances are hereby repealed. All City laws and ordinances in conflict with any provision of this ordinance are hereby repealed to the extent of any conflict. SECTION 16: NO RECOURSE AGAINST THE CITY. Every pennit shall provide that, without limiting such immunities as the City or other persons may have under applicable law, a permit-tee shall have no monetary recourse whatsoever against the City or its elected officials, boards, commissions, agents, employees or volunteers for any loss, costs, expense or damage arising out of any provision or requirement of this Ordinance or because of the enforcement of this Ordinance or the City's exercise of its authority pursuant to this Ordinance, a permit, or other applicable law, unless the same shall be caused by criminal acts or by willful gross negligence. Nothing herein shall be construed as a waiver of sovereign immunity. SECTION 17: EFFECTWE DATE. This Ordinance shall be in full force and effect from and after thirty (30) days after its passage. First Reading: Second Reading Date of Passage March 12, 2001 Offered by: Second by: Roll Call Mayor, Gary L. Peterson Patricia Muscovitz, Deputy City Clerk City of Columbia Heights Draft for Review - 10.24.00 Development Ordinance - Section 14 Page 14-8 COLUMBIA HEIGHTS - CITY COUNCIL LETTER Meeting of: March 12, 2000 AGENDA SECTION: NO: '1 ' A ~1 ITEM: Resolution 2001-30 supporting the NO: completion of TH 610 in 2005-2010 ORIGINATING DEPARTMENT: CITY MANAGER BY: Walt Fehst DATE: March 6, 2001 CITY MANAGERS DATE: Background: The North Metro Mayors Association has asked that we support a resolution, prepared by the North Metro Crossing Coalition, recommending moving the construction of TH 610 into the current decade. They have expressed concern that the current Transportation System Plan has TH 610 scheduled for construction during the 2011-2025 time frame. The North Metro Mayors Association Board passed this resolution at the February Board meeting. The completion of this trunk highway will be a major "North Metro By-Pass" and will be beneficial to all area communities. A delegation for the North Metro Crossing Coalition with be going to Washington, DC to meet with the Congressional Delegation and would like to take all supporting documentation with them. Recommended Motions Move to waive the reading of Resolution No. 2001-30, there being ample copies available to the public. Move to approve Resolution No. 2001-30, being a resolution supporting the completion of TH610 in 2005-2010. COUNCIL ACTION: RESOLUTION 2001-30 SUPPORTING THE COMPLETION OF TH 610 IN 2005-2010 WHEREAS, the Draft MN/DOT Metropolitan Transportation System Plan Investment Timing has proposed that TH 610 from TH 169 in Brooklyn Park to 1-94 in Maple Grove is scheduled in the 2011- 2015 time flame, and WHEREAS, the North Metro Mayors Association Board of Directors, the North Metro Crossing Coalition Board of Directors, and the City of Columbia Heights takes exception to that scheduled time flame, and WHEREAS, the Noah Metro Mayors Association Board of Directors, the North Metro Crossing Coalition Board of Directors, and the City of Columbia Heights urges that the Transportation System Plan relating to TH 610 completion be properly placed in the 2005-2010 time flame for the following reasons: 1 .The TSP notes "Finish what we started", which refers to TH 610 as one of those two projects. 2. The segment from TH 252 to TH 169 opened for traffic October 2000. Westbotmd traffic disburses in multiple directions to find the best way to access 1-94, the eventual western termination of TH 610. 3. There is approximately $32 million infrastructure being built in the TH 610 right-of-way from 1-94 east to TH 169. The value of that investment will not be realized until TH 610 is completed. With the proposed completion date in 2004, it makes sense to keep the project moving and continue to fund TH 610 to completion in the 2005-2010 time frame. 4. To date the State and Federal Govemments have invested $184 Million in the TH 610/10 North Crosstown Highway (plus the initial segment of the 610 river crossing completed in the mid 1980's: · 610/10 Noah Crosstown - Anoka County Segment - $79,060,000 · TH 610 - Brooklyn Park Segment - $51,000,000 · 2nd River Crossing - $22,000,000 · TH 610 ROW infrastructure Investments - $32,000,000 5. TH 610 serving as the By-Pass could relieve the congestion that will continue to build up even wit the widening ofi-94 from Maple Grove to Brooklyn Center. · TH 610, when completed to 1-94, should be designated as the "Noah Metro By-Pass' to 1-94 in east metro via 1-35W and 1-694. · The city of Blaine has located six major truck terminals at the noaheast comer of TH 10 and 1-35W. · The Draft Metro Council Transportation Policy Plan Policy No. 12: Maintain competitive regional freight transportation system. This efficient movement of goods or "freight mobility" requires an extensive high capacity transportation network capable of moving large amounts of freight quickly, reliably and cost effectively. These concerns are stated in Strategy 12b: determine the nee&for access to freight terminals and Strategy 12c: reduce congestion impacts on truck travel. 6. The Metro Council's Transportation Policy Plan Draft also calls for completion of TH 610 with the 2001-2025 time flame, and also notes that TH 610 is one of two segments of the Metropolitan Highway System to be competed. NOW THEREFORE BE IT RESOLVED that the City of Columbia Heights respectfully requests the draft MN/DOT Metropolitan Transportation System Plan place TH 610 from the TH 169 Brooklyn Park to 1-94 in Maple Grove in the 2005-2010 Investment Timing Schedule. Passed this 12th day of March, 2001 Offered by: Seconded by: Roll Call: Mayor Gary L. Peterson Patricia Muscovitz, Deputy City Clerk NORTH METRO MAYORS ASSOCIATION MEMORANDUM TO: CITY MANAGER/ADMINISTRATOR FROM: SARAH EPPARD, EXECUTIVE DIRECTOR DATE: 02/22/01 Respectfully request your community pass the attached resolution (or a similar version) and forward it onto the following individuals: Richard Stehr Division Engineer Mn/DOT Waters Edge Building 1500 West County Road B2 Roseville, MN 55113 Tod Sherman Mn/DOT Waters Edge Building 1500 West County Road B2 Roseville, MN 55113 Elwyn Tinldenberg Commissioner Mn/DOT 395 John Ireland Boulevard St. Paul, MN 55155 Sarah Eppard North Metro Crossing Coalition 8525 Edinbrook Crossing', Suite #5 Brooklyn Park, MN 55443 Its purpose is to express concern for the fact that the current Transportation System Plan has TH 610 scheduled for construction during the 2011 ~2025 time frame - and recommends moving the construction into the current decade (2005-2010). The North Metro Crossing Coalition has prepared this important resolution and is asking for the support of the Association and our individual members. Our NMMA Board passed this resolution at their February Board meeting. There will be a delegation from the North Metro Crossing Coalition going out to Washington, DC to meet with the Congressional Delegation. This delegation would like very much to bring copies of your resolutions with them. We ask you please forward your resolutions to our offices no later than March 20th. ~ Please contact me at 763/493-5115 if you have any questions and/or need additional information. CITY COUNCIL LETTER Meeting of.' 3/12/01 AGENDA SECTION: OTHER BUSINESS ITEM: RESOLUTIONS 2001-11 AND 2001-12 ACCEPTING THE FEASIBILITY REPORT FOR ZONE 5 STREET REHABILITATION AND 2001 SEAL COATING ORIGINATING DEPARTMENT: PUBLIC WORKS CITY MANAGER DATE: Background: Staff has developed preliminary plans and prepared a Feasibility Report(s) for Zone 5 of die Annual Street Rehabilitation Program. Zone 5 is bounded on Central Avenue on die East, University Avenue on die West, 48th Avenue on die North and 44th Avenue on die Soudi. Council added an area bounded by Quincy and Central, north of 4 1st Avenue to Zone 5 in 2000. Analysis/Conchsions: Attached are two Feasibility Reports that detail die scope of work for Street Rehabilitation in Zone 5 and 2001 Seal Coating. Particular issues are sumnmrized below: 1. Rehabilitation Strategies: Three treatment strategies are utilized in die street rehabilitation report: mill and overlay, partial reconstruction, and full reconstruction. A fourth strategy, seal coating, is addressed under a separate engineering report. Staff utilizes three mediods in evaluating die condition of die street and determining appropriate treatment: Present physical structure (cross-section): Each street widiin Zone 5 has been excavated down to dieir sub-base material and die individual street segment cross-sections are catalogued. Non-destructive strengdi determination and condition rating: Braun Intertee, a geo-teclmical engineering consultant, conducted tests on all sixeels at 50-foot intervals widi a dropping weight deflection test. From diis, die strengdi of die road segment is determined. Braun also develops dieix own pavement conditions index. Overall Condition Index (OCI): Staff also reviews each street segment by measuring die type and quantity of each type of cracking in die pavement. This information along widi odier factors such as drainage and physical structure, is used to determine an "overall condition index". The results are dien used to determine die appropriate treatment to maximize die life of die street. 2. Utilities Replacement: Utilities have been reviewed in Zone 5 and die attached map represents where staff is recommending replacement. Staff utilized televising, history of water main breaks, leakage testing (independent testing), and previous engineering reports in determining utility replacements. COUNCII, ACTION: CITY COUNCIL LETTER Meeting of: 3/12/01 AGENDA SECTION: OTHER BUSINESS ITEM: RESOLUTIONS 2001-11 AND 2001-12 ACCEPTING THE FEASIBILITY REPORT FOR ZONE 5 STREET REHABILITATION AND 2001 SEAL COATING ORIGINATING DEPARTMENT: CITY MANAGER PUBLIC WORKS BY: K. Hartsen BY: DATE: 3/8/01 DATE: Continued - Page 2 3. Assessment Methodology: Street Rehabilitation Zones 1, 2 and 3 all followed the existing assessment policies for each area. Under the 1999 Alley Construction Program and in Zone 4, a "unit" assessment methodology was employed rather than using a ~front foot" rate basis. n/l~e area of Columbia Heights west of Central Avenue is essentially a block type development pattern with streets and avenues. The existing assessment policy for this area would involve "street" assessments and "avenue" assessments. The "street" frontage (typical front of property or where driveway access is) would pay a particular rate for the full frontage for that type of treatment (mill & overlay or full reconslmcfion, for example) used on that street. That same parcel would pay a reduced rate for the avenue for the full frontage. I am a proponent of unit basis assessment methodology in reconstruction areas as it has been my experience that the court system has accepted this rationale from an appeal basis. Going to a unit basis methodology would still create different rates for street and avenue dependent upon the type of treatment the adjacent avenues receive. 4. Financing: Street Rehabilitation Zone 5 The estimated construction costs are as follows: 1. Full street reconstruction: 2. Partial street reconstruction: 3. Mill and overlay: 4. Utilities: $555,750 $303,300 $135,650 $346,700** Project funding is proposed as fullows: Infrash'ucture Fired: Storm Water Utility: Samtary Sewer Fund: Water Construction Fund: $605,465 $389,235 $ 54,000** $ 87,300** $205,400** The costs and associated funding for utility work (**) may be further developed during the final design. COUNCIL ACTION: CITY COUNCIL LETTER Meeting of.' 3/12/01 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: RESOLUTIONS 2001-11 AND 2001-12 BY: K. Hansen ACCEPTING THE FEASIBILITY REPORT FOR ZONE 5 DATE: 3/8/01 STREET REHABILITATION AND 2001 SEAL COATING CITY MANAGER BY: DATE: Continued - Page 3 Financing: Seal Coating The estimated construction costs are as follows: Seal Coating Project funding is proposed as follows: Assessments $133,590 $133,590 5. Past Assessments: Zone 5 does have areas that have had improvements assessed in the recent past. Two major areas were assessed $1,200 per lot under the 1999 alley assessment program. These areas were: Alley - University and 4m Street - 47t~ to 48t" Avenue Alley - Jackson and Van Buren - 44'h to 45t~ Avenue The assessments of $1,200 per parcel were spread out over 10 years. Consideration could be given to making some accommodation to lessen the impact of additional assessments. It should be noted that the University Avenue area is proposed for seal coating, which is typically a small assessment spread over one year. The Jackson / Van Baren area is proposed for Partial Reconstraction which would carry a larger assessment over a ten-year period. 6. Concurrent Projects: Due to the assessment policy of street / avenue assessments, some parcels along Central Avenue may incur assessments from two projects: Zone 5 Street Rehabilitation and the Central Avenue Street, Utility and Streetstaping projects. The Central Avenue project will carry full assessments for water services and streetscapnig, while most of the assessments for Zone 5 will be avenue rate assessments. 7. Utility Issues: In the area that was added to the Zone 5 project area south of 44t~ Avenue, staff is evaluating both the sanitary sewer system and the storm sewer system for maintenance needs or improvements. Under City Project 1999-12, the storm sewer along Central Avenue, north of 42"a Avenue has been increased in size with additional catch basins to alleviate surface water overflow from COUNCIL ACTION: CITY COUNCIL LETTER Meeting of: 3/12/01 AGENDA SECTION: OTHER BUSINESS ORIGINATING DEPARTMENT: PUBLIC WORKS ITEM: RESOLUTIONS 2001-11AND 2001-12 BY: K. Hansen ACCEPTING THE FEASIBILITY REPORT FOR ZONE 5 DATE: 3/8/01 STREET REHABILITATION AND 2001 SEAL COATING CITY MANAGER BY: DATE: Continued - Page 4 these intersections westerly to residential areas. With the Zone 5 project, a separate storm sewer line will be placed to Jackson Pond for direct discharge to the pond. This design scenario has been computer modeled and determined it will not have an impact to the 100-year flood elevations of the pond. The lateral (lines) sanitary sewer system has been cleaned by staff and the televising reports are currently under review for identifying deficiencies and possible corrective recommendations by staff. The tnmk sanitary sewer system is still being cleaned under the contxacted services with Infratech. Initial reports provide substantial sediment buildup within the trunk lines and root intrusion on the lateral lines. The utility estimates on page 2 do not include any potential work recommendations for the added area described immediately above. Attached is addendum #1 to the original feasibility report. This report provides an analysis of water service lines in areas where the water main will be replaced and recommends that sub-standard water service lines be replaced and assessed for the actual construction cost. Staff has established the following meeting dates: Resident Informational: March 13, 2000 Public Hearing: March 19, 2000 Recommended Motion: Move to waive the reading of Resolutions 2001-11 and 2001-12, there being ample copies available for the public. Recommended Motion: Move to adopt Resolutions No. 2001-11 and 2001-12 which accept the Feasibility Report for Zone 5 Sheet Rehabilitation and Zone 5 Seal Coating. rd~.'jb Attachments: Resolution(s) Feasibility Reports Maps COUNCIL ACTION: RESOLUTION NO. 2001-11 BEING A RESOLUTION RECEIVING THE REPORT ON THE 2001 ZONE 5 2001 STREET REHABILITATION IMPROVEMENTS WITH FULL RECONSTRUCTION, PARTIAL RECONSTRUCTION AND MILL AND OVERLAY CITY PROJECT 0102 WHEREAS, pursuant to Resolution 2001-08, adopted by the City Council on February 26, 2001, a report has been prepared by Mr. Kevin Hansen, City Engineer, with reference to the following improvements: FLrLL STREET RECONSTRUCTION 6TM Street 44'h Avenue to 45t~ Avenue Quincy Sheet 41't Avenue to 43ra Avenue Jackson Sheet South of 42"d Avenue to 43*d Avenue PARTIAL STREET RECONSTRUCTION 6th Sheet 47e~ Avenue Monroe Street Quincy Street Jackson Street Van Buren Stxeet 45th Avenue to 46th Avenue Cul-de-sac to Momoe Street 44th Avenue to 45th Avenue 44th Avenue to 45~h Avenue 44th Avenue to 45th Avenue 44th Avenue to 45t~ Avenue MILL AND OVERLAY 7th Street 47 ¼ Avenue Monroe Street 45th Avenue Quincy Street Van Buren Sheet 47th Avenue to 48th Avenue Jefferson Street to Monroe Sti'eet 46 ~ Avenue to 48th Avenue Monroe Street to Central Avenue 43~d Avenue to 44th Avenue 42"nAvehue to 43~d Avenue and this report was received by the Council on March 12th, 2001 WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective and feasible, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property (parcel unit basis) as well as non-abutting properly (parcel unit basis) on the closest intersecting street for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $995,000. Dated this 12'h day of March, 2001. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: BY Mayor Palricia Muscovilz, Deputy City Clerk RESOLUTION NO. 2001-12 BEING A RESOLUTION RECEIVING THE REPORT ON THE 2001 ZONE 5 SEAL COAT CITY PROJECT 0101 WHEREAS, pursuant to Resolution 2001-09, adopted by the City Council on February 26, 2001, a report has been prepared by Mr. Kevin Hansen, City Engineer, with reference to the following improvements: 4'h Street 5th Street 6t~ Street 7th Street Washington Street Madison Street Monroe Street 43'd Avenue 45th Avenue 46~h Avenue 46 ¼ Avenue 47th Avenue 48th Avenue 48th Avenue 44a' Avenue to 48th Avenue 44th Avenue to 48th Avenue 46th Avenue to 48th Avenue 44th Avenue to 4Th Avenue 44m Avenue to 47th Avenue 44th Avenue to Cul-de-sac (north of 45~h Avenue) 45'h Avenue to 46'h Avenue Quincy Street to Central Avenue University Avenue Service Drive to Monroe Street University Avenue Service Drive to Monroe Street Jefferson Street to Monroe Street University Avenue Service Drive to Jefferson Street University Avenue Service Drive to Washington Street Jefferson Street to Monroe Street and this report was received by the Council on March 12th, 2001 WHEREAS, the report provides information regarding whether the proposed project is necessary, cost effective and feasible, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF COLUMBIA HEIGHTS, MINNESOTA that the Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property (parcel unit basis) as well as non-abutting property (parcel unit basis) on the closest intersecting street for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $133,590. Dated this 12th day of March, 2001. Offered by: CITY OF COLUMBIA HEIGHTS Seconded by: Roll Call: BY Mayor Patricia Muscovitz, Deputy City Clerk City of Columbia Heights FEASIBILITY REPORT FOR 2001 STREET REHABILITATION IMPROVEMENTS CITY PROJECT 0102 FEBRUARY, 2001 ENGINEERING DEPARTMENT 63 7 38th Avenue NE, Columbia Heights, MN 55421 763~ 706-3 700 · 763- 706-3 701 (Fax) STREET REHABILITATION IMPROVEMENTS LOCATION: IMPROVEMENT S: INITIATION: OWNERS ABUTTING OR IMPACTED: COLUMBIA HEIGHTS, MINNESOTA ZONE 5 PROJECT NUMBER 0102 ZONE 5 - AREA BOLrNDED BY UNIVERSITY AVENUE SERVICE ROAD TO CENTRAL AVENUE, FROM 44TM AVENUE TO 48ru AVENUE, AND QUINCY STREET TO CENTRAL AVENUE, FROM 41sT AVENUE TO 44TM AVENUE This feasibility study includes an analysis of proposed street rehabilitation within Zone 5. Full Street Reconstruction - Concrete curb and gutter, granular subbase, new aggregate base and new bituminous surfacing. Partial Street Reconstruction - Random curb and gutter replacement as required, granular subbase if needed, new aggregate base and new bituminous surfacing. Mill and Overlay - Random curb and gutter replacement as required, and new 1 ~" to 2" bituminous surface. Utility Construction - Water main construction and replacement as required to improve or maintain the distribution system. Sanitary sewer replacements and repairs as required to maintain the collection system. Storm sewer construction and repairs as required to improve or maintain the collection system. City Council in accordance with the Street Rehabilitation Policy. Full Street Reconstruction 1. 6th Street 2. Quincy Street 3. Jackson Street Partial Street Reconstruction 1. 6th Street 2. 47th Avenue 3. Monroe Street 4. Quincy Street 5. Jackson Street 6. Van Buren Street 44th Avenue to 45th Avenue 4 1 st Avenue to 43rd Avenue South of 42"a Avenue to 43rd Avenue 45th Avenue to 46th Avenue Cul-de-sae to Monroe Street 44th Avenue to 45th Avenue 44th Avenue to 45th Avenue 44th Avenue to 45th Avenue 44th Avenue to 45th Avenue (26) (55) (27) (22) 06) (22) (20) (21) (20) ISSUES: FEASIBILITY: Mill and Overlay 1. 7th Street 47th Avenue to 48th Avenue (11 ) 2. 47½ Avenue Jefferson Street to Monroe Street (20) 3. Monroe Street 46½ Avenue to 48th Avenue (34) 4. 45th Avenue Monroe Street to Central Avenue (41) 5. Quincy Street 4fd Avenue to 44th Avenue (13) 6. Van Bnren Street 42nd Avenue to 43~d Avenue (24) The following is a study of the key project issues. Street Reconstruction The proposed roadway would consist of a two lane bituminous cross section with concrete curb and gutter. The roadway width would match the existing. Water main replacement is proposed for Jackson Street, South of 42nd Avenue to 43rd Avenue. At other locations, roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility surface structures in order to meet proposed finish grades. Partial Reconstruction The proposed roadway would consist of a bituminous cross section. The width would remain the same. Curb and gutter sections with poor drainage would be removed and replaced. As recommended in the 1999 Water Distribution Report, to improve the water distribution system, a new water main connection is proposed from the cul-de-sac on 47th Avenue, west to Jefferson Street. At other locations, roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility surface structures in order to meet proposed finish grades. Mill and Ove~ay The proposed construction would consist of milling up to 2" of bituminous cross section and paving a new 1~" to 2" bituminous mat. Curb and gutter sections with poor drainage would be removed and replaced. Water main replacement is proposed for Monroe Street from 47½ Avenue to 48th Avenue and on Van Bnren Street from 42nd Avenue to 43rd Avenue. On 45'h Avenue at Monroe Street and Central Avenue, stubs will be provided from the City of Columbia Heights water main system to the boulevard in Hilltop to provide for a future connection with the City of Hilltop. At other locations roadway construction will include minor modifications to existing sanitary and storm sewer and water main utility surface structures in order to meet proposed finish grades. The proposed improvement project is necessary to provide consistency with the street rehabilitation policy, cost-effective with the inclusion of partial city funding, and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The project and project elements should be implemented as proposed in this study. The improvements, once completed, will provide a benefit to the properties served. SCHEDULE: FINANCING: Construction is scheduled to begin in late spring of 2001, with substantial completion occurring in the early fall of 2001. Council receives draft Feasibility Report and discusses issues February 19 Council receives fmal Feasibility Report and orders Public Improvement HearingFebruary 26 Public Informational meeting prior to Public Improvement Hearing March 8 Public Improvement Hearing and Council orders Public Improvement ProjectMarch 19 Council Approves Plans and Specifications, Authorizes Advertisement for BidsMarch 26 Bid Opening May 8 Council Awards ConU'act May 14 Begin Construction June 11 Construction Completed September 15 Financing would be a combination of assessments to benefitted properties, infrastructure fund including Municipal State Aid funds (population apportionment), and utility funds. The estimated construction costs for the project are as follows: 1. Full street reconstruction $ 555,750 2. Partial street reconstruction $ 303,270 3. Mill and overlay $135,650 Percentages proposed to be assessed for street rehabilitation are consistent with the policy followed under each of the prior street rehabilitation zones. Type of Construction Full Reconstruction Partial Reconstruction Mill and Overlay Proposed Assessments Infrastructure Fund $ 277,875 $ 277,875 $ 212,290 $ 90,980 $115,287 $ 20,363 All utility work done as part of the project will be paid for from the appropriate utility fund. ASSESSMENT: Assessments will be in accordance with the City's Street Rehabilitation Ordinance and past practice. Assessments can be based on a per foot basis or a parcel basis. Following Zone 4 assessment policies, assessments would be on a Street and Avenue parcel basis. A Street assessment would be at the developed rate for the particular rehab strategy while Avenue assessments would be at approximately 1/3 of the street rate extending ½ block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. 2001 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS - PROJECT NO. 0102 ZONE 5 STREET REHABILITATION PROGRAM (Section 26, T30N, R24W) I. MILL & OVERLAY Estimated Cost: Assessable Cost: $135,650 $115,300 Assessable Frontage Street: 5444 LF Avenue: 5263 LF Estimated Cost per Parcel Street: $ 996.00 Avenue: $ 332.00 IL PARTIAL RECONSTRUCTION Estimated Cost: Assessable Cost: $ 303,300 $ 212,300 Assessable Frontage Street: 6859 LF Avenue: 329 LF Estimated Cost per Parcel Street: $1,794.00 Avenue: $ 598.00 IlL FULL RECONSTRUCTION Estimated Cost: Assessable Cost: $ 555,750 $ 277,875 Estimated Cost per Parcel Street: $ 2,375.00 Avenue: $ 0.00 Assessable Frontage Street: 4500 LF Avenue: 0 LF 48TH AVE i 47TH AVE 46TH AVE Y MW�� �1• �� 48TH AVE 47 112 AVE w z Q w w U F to z 0 Y Q WIN NEI r I- V) z w W z Q 1-1 r--� r--i F----i F---1 r--7 F---1 F--7 F--� 7-1 F---) " '111 ���I• MIN ot EL LL City of Columbia Heights ZONE 5 2001 STREET REHABILITATION LEGEND Full Reconstruction ■ Partial Reconstruction ❑ Overlay Feasibility Study Page 5 CITY OF COLUMBIA HEIGHTS GIS / Engineering Department w e S 575 0 575 1150 Feet CI G eographic I nforination System Map Date: February, 2001 Map Author: K Young MW�� �1• �� 48TH AVE 47 112 AVE w z Q w w U F to z 0 Y Q WIN NEI r I- V) z w W z Q 1-1 r--� r--i F----i F---1 r--7 F---1 F--7 F--� 7-1 F---) " '111 ���I• MIN ot EL LL City of Columbia Heights ZONE 5 2001 STREET REHABILITATION LEGEND Full Reconstruction ■ Partial Reconstruction ❑ Overlay Feasibility Study Page 5 CITY OF COLUMBIA HEIGHTS GIS / Engineering Department w e S 575 0 575 1150 Feet CI G eographic I nforination System Map Date: February, 2001 Map Author: K Young I I /I II IJ LIII] .LS Ngldfig N'CA illlilt LIIIII III ]1111111 II I III I t fill III1~ III1~ [ IIIlltlllll [, I I I1 IIIII [ Illll II III III1[ II I LLIZIZALI [ lllll IIIIIIIII1[ IFiTiUF~IIIIItlIIII IIIIIJZIJJJ~[ illfill IIII II LLLLIZIA J[ IIIII I~lTFI FNTfflTITITI[ IJ I~11t1111 tTFI~III I II IIIIt1111111 RTI _jZ~_ I I :-- FFffTFFFrTTFrn- 'FFFn'FFI/. Illl[illlllli llll~l~ ]FII ]1111 ]l III ]111/11111111 ]111111tl H ~J_LLt~ II11111 IIII11 HII 111111 IIIII II1~{111 illIll IIJ IIIIIIII111111 II1'111 IIIIIIIII I1~1 IIIIIIIIIIIH; III II11 IIIIll I1~11!~1 IIIIIII1!,,I-~ City of Columbia Heights FEASIBILITY REPORT FOR 2001 STREET REHABILITATION IMPROVEMENTS CITY PROJECT 0102 ADDENDUM #1 MARCH, 2001 ENGINEERING DEPARTMENT 637 38th Avenue NE, Columbia Heights, MN 55421 763-706-3700 · 763-706-3701 (Fax) STREET REHABILITATION IMPROVEMENTS LOCATION: IMPROVEMENTS: INITIATION: OWNERS IMPACTED: ISSUES: COLUMBIA HEIGHTS, MINNESOTA ZONE 5 PROJECT NUMBER 0102 ADDENDUM #1 WATER MAIN CONSTRUCTION IN ZONE 5. ZONE 5 IS THE AREA BOUNDED BY UNIVERSITY AVENUE SERVICE ROAD TO CENTRAL AVENUE, FROM 44TM AVENUE TO 48TM AVENUE, AND QUINCY STREET TO CENTRAL AVENUE, FROM 41sT AVENUE TO 44TM AVENUE. This feasibility study is an analysis of proposed private water service replacement on water main construction projects within Zone 5. Private Water Service Replacement- On water main construction projects, private services that do not meet the minimum City standard of a Y4" copper service are replaced with 1" copper service from the main to the stop box. City Council in accordance with City Ordinance for Water, Sanitary Sewer, and Storm Sewer Services and Connections and past practice. Full Street Reconstruction Jackson Street South of 42nd Avenue to 43rd Avenue (6) Mill and Overlay Van Buren Street 42nd Avenue to 43rd Avenue (2) The following is a study of the key project issues. This work provides for replacing private lead, galvanized steel, or undersized copper pipe services with 1" copper service from the main to the stop box, including a new stop box. The cost of the replacement is assessed because the owner is responsible for the service extending from the house to the water main. This assessment is proposed for those houses built prior to 1950. Previous water main construction experience in Columbia Heights has provided the guideline that 3/4" copper water services were installed in houses built in 1950 and later. Prior to 1950, there is a transition period when various materials were installed, preceded by the installation of only lead or galvanized steel pipe for water services. FEASIBILITY: SCHEDULE: FINANCING: ASSESSMENT: During the construction in Zone 5, exploration work will be done at each service to document that the minimum City standard of a V;' copper service is met. If the private service meets the standard, the existing pipe is left in place and the parcel is not assessed. If the private service does not meet the standard, a new I" copper service and stop box are installed and the parcel is assessed for the work. The proposed improvement project is necessary to provide consistency with the City Ordinance and past practice. The project is cost effective and technically feasible as prescribed in the construction recommendations found elsewhere in this report. The improvements, once completed, will provide a benefit to the properties served. Construction for Zone 5 is scheduled to begin in late spring of 2001, with substantial completion occurring in the early fall of 2001. Water service replacement will be coordinated with the water main construction. Financing would be an assessment to benefited properties, with the estimated construction costs as follows: Private water service replacement from the water main to the stop box $ 900 (near) $1,200 (far) Assessments are proposed at actual construction cost per service on a per parcel basis. .Le N3~1118 NVA .I.S NOSNOVr iS AONIFIt:) ::IO~NOiAI NOSIQVIAI NOS~I:I.-1=I3p City of Columbia Heights FEASIBILITY REPORT FOR 2001 STREET REHABILITATION SEAL COAT IMPROVEMENTS CITY PROJECT 0101 FEBRUARY, 2001 ENGINEERING DEPARTMENT 637 38th Avenue NE, Columbia Heights, MN 55421 763- 706-3 700 · 763- 706-3 701 (Fax) LOCATION: IMPROVEMENTS: INITIATION: OWNERS ABUTTING AND IMPACTED: ISSUES: BITUMINOUS SEAL COAT IMPROVEMENTS ZONE 5 COLUMBIA HEIGHTS, MINNESOTA PROJECT NUMBER 0101 All local bituminous streets in Zone 5 are included that are not scheduled for street rehabilitation, except 41a and 42"4 Avenues which are programmed for evaluation in Zone 6. These latter streets have been delayed for one year because of the proposed construction at NEI. Zone 5 is the area between University Avenue Service Drive and Central Avenue, from 44th Avenue to 48th Avenue and between Quincy Street and Central Avenue from 41a Avenue to 44th Avenue. This feasibility study includes an analysis of proposed bituminous street patching and repair, and seal coat. Patching and Seal Coat of Street Surface, repair of Concrete Curb and Gutter, Storm Sewer Improvements. City Council, as part of an ongoing bituminous street preservation strategy. The location of each street is described below and shown on the attached map. The total number of parcels is 683. This is comprised of 680 privately- owned parcels and 3 city-owned parcels. 1. 4th Street 2. 5th Street 3. 6th Street 4. 7th Street 5. Washington Street 6. Madison Street 7. Monroe Street 8. 43~a Avenue 9. 45th Avenue 10. 46th Avenue t 1. 46 ~ Avenue 12. 47m Avenue 13. 48th Avenue 14. 48th Avenue 44th Avenue to 48* Avenue 44th Avenue to 48th Avenue 46th Avenue to 48th Avenue 44th Avenue to 47~h Avenue 44th Avenue to 47th Avenue 44th Avenue to Cul-de-sac (north of 45th Avenue) 45th Avenue to 46* Avenue Quincy Street to Central Avenue University Ave Service Dr to Monroe Street University Ave Service Dr to Monroe Street Jefferson Street to Monroe Street University Ave Service Dr to Jefferson Street University Ave Service Dr to Washington Street Jefferson Street to Monroe Street The City Council identified the need to preserve and maintain the existing bituminous streets and extend the life of the pavement in good driving condition. FEASIBILITY: SCHEDULE: ASSESSMENT: The improvement as proposed is necessary, cost-effective, and technically feasible. The project is recommended as proposed in the study. The improvements, once completed, will be a benefit to the properties served. Construction is scheduled to begin in the spring of 2001, with substantial completion occurring in late summer. Council receives draft Feasibility Report February 19 Council accepts Feasibility Report and orders Public Improvement Hearing February 26 Public Improvement Hearing and Council orders Public Improvement Project March 19 Council Approves Plans and Specifications, Authorizes Advertisement for Bids March 26 Bid 1~ for Seal Coating May 3 Begin Construction- Bituminous Repairs (Force Account) May 7 Council Awaxds Seal Coating Contract May 14 Begin Construction- Seal Coat August 7 Construction Completed September 15 The estimated cost for the Seal Coating portion of the project is $133,591.25. The estimated cost for the Storm Sewer improvements is $52,000, which will be funded out of the City's Storm Water Utility Fund. The Seal Coating project will be 100% assessed on a Street and Avenue parcel basis. Avenue assessments are t/3 of the street rate extending ½ block in either direction of the Avenue. This assumes that all parcels benefit equally for the strategy in front of their property or abutting it, in the case of the Avenue. The estimated unit cost assessment is $195.00 per Streetparcel and $65 per Avenue parcel. DESCRIPTION OF WORK INVOLVED: · Public Works Staff- provides bituminous street repairs and patching throughout the Seal Coat project zone. Includes cutting and removal of deficient segments of street section, milling of larger areas of deficient bituminous areas, and patching or paving with new bituminous. · Storm sewer Improvements - spot repairs to deficient segments throughout the Seal Coat project zone. Work includes removals, piping replacement, catch basin replacement, casting replacements, and minor grade corrections. · Concrete curb and gutter repairs - provide repairs to short segments of curb & gutter due to damage or joint separation which impedes gutter flow. · Application of Seal Coat (emulsion and cover aggregate) - Application of emulsion by computer controlled mechanical sprayers immediately followed by spreading FA-3 modified granite as a cover aggregate. The road surface is finished by rolling with a tire based roller for proper aggregate penetration and distribution. 2001 IMPROVEMENT PROGRAM COLUMBIA HEIGHTS, MINNESOTA ESTIMATED ASSESSMENTS - PROJECT 0101 ZONE 5 STREET SEAL COATING PROGRAM (Sections 26 and 35, T30N, R24W) Seal Coatin2: Estimated Cost Assessable Frontage Street: Avenue: Estimated Cost per Parcel SWeet: Avenue: $133,591 28,092 LF 38,032 LF $195.00 $ 65.00 3 El m Of w J Y N1 iI i t i ` t ul I t 1 City of Columbia Heights PROPOSED ZONE 5 SEAL COAT UTILITY CONSTRUCTION LEGEND a Sanitary sewer MH repair Q Storm sewer - Catch basin Improvements Feasibility Study Page 5 CITY OF COLUMBIA HEIGHTS GIS / Engineering Department N W E 5 575 9 575 1150 Feet w G eographic Information System Map Date: February, 2001 Map Author: K Young 49TH AVE 47TH AVE 46TH AVE 1� - 1r UIM11111 i_ .0 1♦_ r- �r 49TH AVE 47 112 AVE TTKAW W Z a W U LU _- � .�_ »� .rte ■�� �`� � 111111 Em 448T City of Columbia Heights PROPOSED ZONE 5 SEAL COAT LEGEND ❑ Seal Coat Feasibility Study Page 4 CITY OF COLUMBIA HEIGHTS GIS / Engineering Department E S 575 © 575 1150 Feet AU eographic I nfonnation System] Map Date: February, 2001 Map Author: K Young F N F N N Z } Z LU U U z Ci ' 448T City of Columbia Heights PROPOSED ZONE 5 SEAL COAT LEGEND ❑ Seal Coat Feasibility Study Page 4 CITY OF COLUMBIA HEIGHTS GIS / Engineering Department E S 575 © 575 1150 Feet AU eographic I nfonnation System] Map Date: February, 2001 Map Author: K Young If LLIII _~ITI II111111 LLLLItlIIII IJ J,S AONIfiO I~FFFI~T'] ~ l~TTl~77T11TF/TFIT~ E I II ItlItlILH tTJ~IIIIIIII till I IllIll IIIlffffrlHIIIIll ll]ltlllll IIILINILLIttll I1[ ~r IIIIIIIIIIIII LTI t111 II TFI [ ]1 ]11 ]11 ]111 IIIt111111t ~1'1111111 I,[ IIIIi~11111 IlllII'IFTTIItlIIII I[ II rlllll IIIIII ~ffNT_E[TITI [ III LI I IIIlITI LLLLIIIIIIIIIIIJ itl II1_ LLLLLIIIIIIIII~FFTttlII .IIII~LI III FfiT ITITIIII II lift fir IIIIIIIIILLI II I IlL I illlllllllll tZUJJ~tll 'IT1 ITFIIIIItlIfi IIII Itti11 I II1/LLIJlIII II '1 III l/lili{llltl{ J~ j~ I I I CITY OF COLUMBIA HEIGHTS 590 40th Avenue N.E., Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692 I~'tsit Our Website at: www. ci. columbia-heights. mn.us PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES March 6, 2001 MEMBERS Tom RamsdelL Chak DonnaSchmht Ted Yehle Stephun Johnson Tammere Eric~on 9*A- The March 6, 2001 Planning and Zoning Commission meeting was called to order at 7:00 p.m. by Chairperson Ramsdell. Members present were Schmitt, Ericson, Johnson, Yehle, and Ramsdell. Also present were Kathryn Pepin (Secretary to the Planning and Zoning Commission), and Tim Johnson (City Planner). Motion by Yehle, seconded by Ericson, to approve the minutes from the meeting of February 6, 2001 and the work sessions of February 1 and 13, 2001 as presented in writing. Voice Vote: All Ayes. Motion passed. NEW BUSINESS: Public Hearing Conditional Use Permit Case/)'2001-0302 Linder's Greenhouses, Inc. RE: 4300 Central Ave. N.E. Columbia Heights, Mn. Planner Johnson presented the request of Peter Linder of Linder's Greenhouses, Inc. for a Conditional Use Permit to allow the operation of a temporary "mini garden center" and retail sales out of a tent in the easterly portion of the parking lot of Central Valu Mall at 4300 Central Avenue from April 15, 2001 through July 7, 2001. He added that this would be the tenth year Linder's will have an operation at this location. He informed the Commission that Section 9.113(2)(a) of the Retail Business Section of the Zoning Ordinance requires a Conditional Use Permit for accessory structures. He stated that the proposal is the same as in past years with two structures plus a patio area in front enclosed by a fence. He added that the principal uses of the subject parcel are preexisting and comply with zoning regulations. The parking, as it exists, exceeds zoning requirements and adequate parking will be maintained after placement of the accessory structures over this portion of the parking lot. Planner Johnson directed the Commission's attention to an agreement between Linder's and Rainbow Foods as well as a report from the Fire Department regarding their review of the proposal indicating no concerns with the project. Chairperson Ramsdell opened the public hearing. The public hearing was closed as no one present wished to speak regarding this case. MOTION by Johnson, seconded by Yehle, to recommend to the City Council the approval of the Conditional Use Permit as requested to allow the operation of the temporary greenhouse/retail sales in the parking lot of 4300 Central Avenue from April 15, 2001 through July 7, 2001 provided a 8500 deposit is submitted to the License/Permit Clerk prior to the installation of the structures at the site. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE MARCH 12, 2001 CITY COUNCIL AGENDA. THE CItY OF COLUMBIA HEIGHTS DOE5 NOT DISCRIMINATE On THE BASIS OF DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES EQUAL OPPORTUNITY EMPLOYER PLANNING AND ZONNG COMMISSION REGULAR MEETING - MINUTES MARCH 6, 2001 PAGE 2 Public Hearing Conditional Use Permit Case//2001-0303 Frattalone' s Ace Hardware RE: 2261 N.E. 37e Avenue Columbia Heights, Mn. Planner Johnson presented the request of Dan Terzich, manager of Ace Hardware, for a Conditional Use Permit to allow for the placement of a 21 'x48' tent in the southeast side of the parking lot for the display and sale of green and flowering plants from April 1 through July 31, 2001. He stated that this would be the same as operated on the property for the last eight years eliminating approximately seven (7) parking spaces. The existing parking exceeds zoning requirements and the property will still meet the minimum parking requirements after the placement of the plant display over the seven parking spaces. He added that the operation should not have any effect on vehicular access for the site as the adjacent parking lot aisle will not be blocked in any way. Section 9. 113(20(a) of the Zoning Ordinance allows open sales lots as a Conditional Use in the R B, Retail Business District. He stated that the proposal is consistent with zoning regulations. In addition, the Fire Department has reviewed the proposal and has indicated there are no concerns with the proposal Chairperson Ramsdell asked Mr. Terzich if the tent was proposed to be in the same location as in past years. Mr. Terzich replied that the location would be the same as in the past. Chairperson Ramsdell opened the public hearing. The public hearing was closed as no one present wished to speak regarding this case. MOTION by Johnson, seconded by Yehle, to recommend to the City Council the approval of the Conditional Use Permit request as presented to allow the placement of a 21' x 48' tent in the southeast parking lot for the display and sale of green and flowering plants form April 1 through July 31, 2001 at 2261 N.E. 37t" Avenue provided a 8500 deposit is submitted to the License/Permit Clerk prior to the placement of the tent on the lot. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE MARCH 12, 2001 CITY COUNCIL AGENDA. Public Hearing Conditional Use Permit Case//2001-0304 Ok Cha Kwon RE: 4952 Central Ave. N.E. Columbia Heights, Mn. Planner Johnson presented the request of Ok Cha Kwon for a Conditional Use Permit to allow the intensification of the current Tycoon's Bar and Restaurant by adding on-sale wine at 4952 Central Avenue NE. The applicant is PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6,2001 PAGE3 proposing to buy the business and add some additional items to the currant menu. The restaurant will contain approximately 76 seats as required for operations serving beer and wine and will maintain the same name and hours of operation. He added that the original Conditional Use Permit was approvnd in lg77 for the restaurant use. He informed the Commission that the subject property is located in the RB, Retail Business District. Section 9.113(2} of the Columbia Heights Zoning Ordinance requires a Conditional Use Permit for restaurants in the RB District. He added that the Minimum Yard and Density Requirements are as follows: Lot Width shall be at least 50 feet. The subject parcel is approximately 59.5 feet in width. Lot Area shall be at least 6,000 square feet. The subject parcel is 11,602.5 square feet. Front Yard Setback shall be 15 feet. The existing structure is approximately 25 feet from front property line. There shall be at least one 10 foot side yard, the other side yard can be zero feet. The side yard setback from 50t" Avenue is approximately 17 feet from property line; The other side yard setback is approximately 5 feet. This requirement is met. Rear Yard Setback shall be lO feet. The existing building is approximately112 feet from rear property line. The floor area ratio shall not exceed 1.0. The property does not exceed this requirement. Need minimum frontage of 40 feet. The Subject parcel has 59.5 feet of frontage along Central Avenue. Lighting shall not exceed 3 foot candles at property line. The lighting on site does not exceed this requirement. Mr. Johnson stated that the applicant is not proposing any structural changes to the building. Parking requirements for a restaurant are at least one space for each three seats based on capacity design. According to the floor plan, there will be 76 seats in the bar/restaurant which would require 25 parking spaces. There are a total of 25 legal parking spaces proposed for the existing site including 24 spaces on the west side or rear of the building and one proposed handicap accessible parking space with an eight foot access aisle located on the east side or front of the building. However, the parking spaces shown, as well as the handicap space and access aisle shown on the site plan will need to be striped and the signage posted in front of the handicap space. The existing parking pattern has been to utilize the parking area adjacent to the building on the north side. However, Staff is recommending that this parking area not be striped as accessible parking because a portion of the spaces would actually be in the City right of way. He added that the City does recognize that the clientele will probably continue to park in this area as it is most accessible to the building. He indicated that the existing loading area is located on the northwest corner of the building, adjacent to the back door. Solid waste material is required to be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained for such purposes. He added that the site currently has an open dumpster area visible to passersby and Staff recommends that the dumpstar area be enclosed by a fence and placed near the back side of the building as shown on the site plan submitted. PLANNING AND ZONING COMMISSION REGULAR MEETING- MINUTES MARCH 6,2001 PAGE4 Planner Johnson stated that there is currently a one bedroom rental unit upstairs from Tycoon's that is licensed. However, the new owner has indicated that they are not planning on maintaining this as a future rental unit, He stated that if this unit would be rented in the future, additional parking would have to be provided for the tenant(s) in addition to what is currently proposed. Chairperson Ramsdell asked the current owner, Ron Karon, if snow was removed from the lot currently as there is no additional space for snow storage on the site. Ron Karon, current owner of 4952 Central Avenue, stated that the snow is pushed into the lot to the south as that lot is not used. Chairperson Ramsdell asked for clarification on how many handicap parking spaces are required. Planner Johnson stated that the Building Official has stated the Building Code requires one handicap space for this site. Commissioner Yehle asked Mr. Karon about the three parking spaces on the southeast (front) of the building and if they are stripped and if they are "thru" spaces, meaning can the people parking there drive through to the next lot. Mr. Karon stated that they are "thru" spaces. Discussion was held regarding the area on the north side of the building currently used as parking area. It was the consensus of the Commission members that the area should not be stripped to allow parking as parking spaces extending into the public right of way cannot be considered approved parking spaces. The owner could try to angle the spaces but they must conform to the 9'x20' size requirement for a legal parking space. Mr. Karon state that the building is over 40 years old and the clientele that frequent the establishment are neighborhood patrons who are an older crowd. It was his opinion that it would be a disservice to not allow them to park on the north side of the building as they have done for many years. Many of them would not be able to make that long walk from the rear of the lot which has an incline. He indicated the north side has been used for parking for many years without incident. Chairperson Ramsdell opened the public hearing. The public hearing was closed as no one present wished to speak regarding this case. Motion by Johnson, seconded hy Yehle, to recommend to the City Council the approval of the Conditional Use Permit to allow for intensification of the use and for the addition of On Sale Wine for Tycoon's Restaurant at 4952 Central Avenue NE, subject to the following conditions: All required state and local codes, permits, licenses and inspections will be met and in full compliance. Solid waste material shall be so located and fenced as to be removed from public view and shall be kept in an enclosed building or properly contained in a closed container for such purposes. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6, 2001 PAGE 5 Twenty-five (25) parking spaces proposed will need to be striped and maintained. Seventy-five (75) permanent seats wig need to be maintained for On Sale Wine. Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE MARCH 12, 2001 CITY COUNCIL AGENDA. Public Hearing Review of Proposed Zoning/Development Ordinance City of Columbia Heights Planner Johnson presented the proposed Zoning/Development Ordinance to the Planning and Zoning Commission with the changes implemented as directed by the Planning and Zoning Commission members during the many work sessions and hours of discussion and research. He added that the Zoning Ordinance was last rewritten in 1974 and has not been updated in order to appropriately address recent development and redevelopment issues. A reception was held prior to the beginning of this meeting to allow the interested parties the time to view the document and some of the changes recommended for implementation and ask questions. Planner Johnson stated that the Planning and Zoning Commission and Staff are confident that we are proposing reasonable standards that will help to promote and protect appropriate land used in Columbia Heights. He touched on some of the proposed changes that are being proposed and asked the audience if anyone had any questions or comments. Chairperson Ramsdell opened the public hearing. Robert Truckenbrod of 3962 Van Buren Street was present to state that he heard that the City was going to tear his house down for redevelopment and wanted to know if this was true. Planner Johnson stated that in conjunction with the Downtown Master Plan which was presented at a public hearing and adopted by the City Council in the summer of 2000, the area where his house is located has been considered for potential future redevelopment but not in the immediate future. Don and Gloria Field, who reside in the Apache Apartments, were present to speak for their son who owns a home at 39t~ and Quincy. Their son was told that he could not make any improvements tq his home as it was going to be torn down. Mr. Field stated that he lived in the "Heights" for most of his life and has watched as the city has deteriorated and is embarrassed about it. He stated that there has been too much change, he did not like the transit hub on Central Avenue and wanted to know what was wrong with the small town atmosphere of the past. Chairperson Ramsdell stated that he, too, was born and raised in Columbia Heights and felt that the small town atmosphere can be kept but the city can still be modernized. PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 6,2001 PAGE6 Commission Yehle stated that the small businesses, like the hardware store on Central Avenue, have gone out of business because they were not patronized by the local residents who chose to take their business to Menards and other large operations. He himself owned a small business in Columbia Heights but was forced out of business by larger operations. He added that if the residents want to retain the local businesses, they must patronize them. Harold Hoium of 4315, 19 & 21 N.E. 5t" Street was present to ask the Planning and Zoning Commission if a copy of the proposed ordinance was mailed to each resident in the City. Chairpersons Ramsdell stated that no, a copy was not mailed to each resident but adequate notice was provided. Planner Johnson stated that the information was available for review at City Hall and the Library as weii as available for anyone to look at here at the meeting. In addition notice was published in the Focus News as required by City Charter in more than one location and posted at City Hall. · Commissioner Ericson added that this change was advertised as required the same as any other law under the State of Minnesota. Hoium went on to state in a raised voice, "This is a 21 million dollar corporation, we are all stockholders and you want to put in all these regulations, and we don't get a copy. We have oodles and scads of money. In other words you people recommend, and your planning is terrible. It should be planning, zoning, mudholing and pigbogging. In my neighborhood it's mostly pigbogging. So, if you want to put through an ordinance like this I'll be before the City Council screaming about it". Commissioner Yehle stated "Harold, as long as you are thinking about all the people of Columbia Heights, hew come, with proper notice and advertising, this is not a packed room if so many people are against it". Hoium yelled, "You know why?...the people of this city .HATE YOUR GUTS!!! They hate the guts of this city and they've done it for 102 years. That's the truth. That's what goes on on the street out there. They come up here and they don't get riothin from the Mayor all the way down the line, nothin! And we got a 21 million dollar corporation and you treat us like garbage. So that's the way you want to do it...FINE! No Problem! It's not going to last too much longer and when the economy goes down, this place will disappear. Thank you". Chairperson Ramsdell closed the public hearing. Motion by Ericson, seconded by Yehle, to recommend the City Council approve Ordinance #1428, Columbia Heights Zoning/Development Ordinance for the City of Columbia Heights, Minnesota, as Ordinance #1428 has been reviewed by the Planning and Zoning Commission of the City of Columbia Heights, is generally consistent with the PLANNING AND ZONING COMMISSION REGULAR MEETING - MINUTES MARCH 0, 2001 PAGE 7 recently adopted Comprehensive Plan, and has been advertised and been made available for review by the general public. Voice Vote: All Ayes. Motion passed. Motion by Ericson, seconded by Yehle, to recommend City Council approval of the proposed Zoning Map pertaining to Ordinance #1428, as the proposed Zoning Map reflects the correct Zoning Districts and also identifies the Retail Business District (RB) name change to General Business District (GB). Voice Vote: All Ayes. Motion passed. **THIS ITEM TO APPEAR ON THE MARCH 12, 2001 CITY COUNCIL AGENDA. Motion by Yehle, seconded by Johnson, to adjourn the meeting at 8:20 p.m. Voice Vote: All Ayes. Motion passed. submitted, · Kathryn Pepin Secretary to the Planning and Zoning Commission kp THESE MINUTES HAVe, NOT BEEN APPROVED City of Columbia Heights Park and Recreation Commission February 28, 2001 The meeting was called to order by Eileen Evans at 6:33 p.m. ROLL CALL Members present: Eileen Evans; Jerry Foss; Bruce Magnuson; Roger Peterson; Bob Ruettimann; Keith Windschitl, Recreation Director; Kevin Hansen, Public Works Director/City Engineer Members absent: Gary Mayer; Scott Niemeyer; Gary Peterson; Also present: APPROVAL CONSENT AGENDA Motion by Foss, second by Magnuson to approve the consent agenda. All ayes, motion carried. LETTERS AND REOUESTS COLUMBIA HEIGHTS WOMEN OF TODAY Columbia Heights Women of Today submitted a letter of request to waive the fees for a Silly Supper for 6m, 7% and 8th grade students, to be held on Friday, March 16, 2001. Commission Member, Eileen Evans, feels that the $40.00 entry fee and $15.00 per hour policy that has already been previously established should be enfomed so to not set a precedence for weekend rentals. Motion by R. Peterson, second by Ruettimarm to waive hall rental fee of $550.00 and follow the Murzyn Hall policy of $40.00 entry fee and $15.00 per hour. All ayes, motion carried. THE ASSOCIATION FOR WOMEN IN COMMUNICATIONS The Association for Women in Commtmications, based out of Eagan, submitted a letter of request to waive the fees for a silent auction to be held on Wednesday, April 4, 2001. Commission Members felt this organization does not meet the policy qualifications requiring that at least 50% of an organization's members must reside in Columbia Heights. Motion by Foss, second by Ruettimann to deny the request for fees waived. All ayes, motion carried. PAGE TWO POLISH AMERICAN CULTURAL INSTITUTE OF MINNESOTA The Polish American Cultural Institute of Minnesota, located in Northeast Minneapolis, submitted a letter of request to receive non-profit rates of $40.00 entry fee and $15.00 per hour for a Paczld Ball, to be held on Saturday, February 9, 2002. Recreation Director, Keith Windschitl, stated that approximately 10% of the membership resides in Columbia Heights, and Bemie Szymczak is an active member of this organization. Members felt that this organization does not meet the criteria due to the fact that 50% of the membership does not reside in Columbia Heights. Motion by Evans, second by Foss to deny the request for non-profit rates. All ayes, motion carried. OLD BUSINESS There is no old business at this time NEW BUSINESS COLUMBIA HEIGHTS SCHOOL DISTRICT USE OF MURZYN HALL AND RECREATION DEPARTMENT USE OF SCHOOL FACILITIES Recreation Director, Keith Windschitl, explained to the Park and Recreation Members the Facility Report which was requested by Commission Member, Bob Ruettimarm. The report contains statistics of the Columbia Heights School District use of Murzyn Hall in 2000 and the Recreation Department use of School Facilities for the past year. The Columbia Heights schools were able to use Murzyn Hall on all of the requested dates at no cost to them, with the exception of the Football banquet which was charged in accordance to the new policy. The schools use of Murzyn Hall was 1229.50 hours in 2000. He also stated the Recreation Department, in the past year, had been turned down for using the schools facilities on many occasions. The Recreation Department used the school facilities 570 hours during the past year. Motion by Ruettimarm, second by Foss to submit a letter directing to the City Manager and the Mayor to request a meeting with Community Education, Superintendent, Athletic Director, Chair from the Park and Recreation Commission, the City Manager, and the Mayor to discuss both parties concerns of the facilities. All ayes, motion carried. CONSIDER ORDERING BLEACHERS FOR REMAINING PARKS Public Works Director/City Engineer, Kevin Hansen, addressed the current bleacher needs for Columbia Heights parks. He stated that of the eleven sets of bleachers in Columbia Heights parks, only four need to be replaced this year. Motion by Ruettiman, second by Magnuson to make a recommendation to obtain authorization to order the four bleachers for Huset Park in the amount of $11,756.92 to be put on the next City Council Meeting. All ayes, motion carded. PAGE THREE BACK TO THE PARKS BUDGET FOR 2001 Recreation Director, Keith Windschitl, addressed the possible use of monies budgeted for the Back to the Parks Budget for 2001. The City Manager cut the $10,000 budgeted in the Back to the Parks Budget. The City Council put the money back in for a possible skate Park. Commission Member, Bob Ruettimann, stated that the Back to the Parks Budget was never intended for park facilities. The money that the community would raise for gazebos, park benches, walking paths, etc. would be matched dollar for dollar by the Back to the Parks Budget. The thought was that people would take an ownership of the parks. REPORTS RECREATION DIRECTOR Recreation Director, Keith Windschitl, spoke with Red Nelson who is on the Met Council and serves on the Park and Open Spaces Commission. Red Nelson has been urging Hennepin County Parks to purchase the Salvation Army Camp and turn it into a nature park along with saving Silver Lake. Several options w~re mentioned regarding Silver Lake Beach ifHeunepin County does purchase the Salvation Army Camp. PUBLIC WORKS DIRECTOR/CITY ENGINEER Public Works Director/City Engineer, Kevin Hansen, reported that the attendance was up at the skate rinks this winter along with it being the longest open season in three to four years. The skate rinks will close for the winter season on March 4, 2001. COMMISSION MEMBERS Commission Member, Jerry Foss, inquired whether or not the Council waived the fees for the Taste of Columbia Heights. Recreation Director, Keith Windschitl, stated that the fee has been waived by the City Council. ADJOURNMENT Motion by Foss, second by Magnuson to adjourn. All ayes, motion carried. Meeting adjourned at 7:42 p.m. Tina Foss, Park and Recreation Commission Secretary